IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS AND THE RELATED DOCUMENTS IDENTIFIED BELOW (TOGETHER, THE “CONDITIONS”) CAREFULLY BEFORE OPENING AN ACCOUNT OR CONTINUING TO USE YOUR ACCOUNT. YOU WILL BE LEGALLY BOUND BY THE CONDITIONS AND THEY FORM AN ENFORCEABLE AGREEMENT BETWEEN US, SO PLEASE PRINT OUT ALL RELEVANT DOCUMENTS FOR YOUR RECORDS. THE CONDITIONS ARE SUBJECT TO CHANGE FROM TIME TO TIME AS DESCRIBED IN SECTION 24 BELOW.
If you do not agree to accept and be bound by the Conditions, please do not open an account with us (“Account”) or continue to use your Account or our Services.
www.GameMiles.com is a site operated by GMN Holdings Ltd. (“GameMiles”, “we” or “us”). We are registered in the Cayman Islands and have our registered office at Maples Corporate Services Limited, P.O. Box 309, Ugland House, Grand Cayman, KY1-1104, Cayman Islands.
GameMiles provides the services on our website www.GameMiles.com (the “GameMiles Website”) and any other online platforms provided by us (including sites operated by us under the brands of our partners) (“Platforms”) on which you access our game purchase and download services (“Services”) using your Account.
These Terms and Conditions and the documents referred to below tell you, the user (also known as “customer”), the terms on which you may make use of the GameMiles Website, the Platforms and the Services.
In the event that you have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity performed by GameMiles, you should first contact the GameMiles Customer Care Team via the ‘Contact Us’ details on the GameMiles Website. GameMiles will use reasonable efforts to respond to your query in a timely manner.
The Conditions are made up of the following documents: (i) these Terms and Conditions, (ii) the Privacy section, (iii) the Promotions section, (iv) the Standard Promotional Terms and Conditions, and (v) any other additional rules and terms published on the GameMiles Website, the Platforms or that you are otherwise notified of and that specifically relate to and govern any particular event, game, or promotion. You should read all of these documents carefully as each one forms part of the legally binding agreement between us.
If the Conditions are translated into another language, the English language version will prevail in the event of any conflict between the translation and the English language version. These Terms and Conditions shall prevail in the event of any conflict between these Terms and Conditions and any of the game rules or other documents that make up the Conditions.
1. APPLICATION OF TERMS AND CONDITIONS
You agree to the Conditions by doing any of the following: (a) using our Services, (b) acknowledging that you have read these Conditions when you register to join a Platform, or (c) clicking on the “Open Account” button when you register for your Account. You acknowledge that your failure to comply with these Conditions may result in disqualification from any promotion, the closure of your Account, and/or legal action against you, as appropriate. You acknowledge that if you accept these Conditions, we will start providing you with the ability to use the Services immediately. As a consequence of this, if you accept these Conditions, you will not later be able to cancel the agreement between you and GameMiles except by closing your Account in accordance with these Terms and Conditions.
2. LEGAL USE REQUIREMENTS
2.1. You may only use the Services if you are located in a jurisdiction where it is lawful for you to do so and you are at least the minimum legal age for online ecommerce transactions in that jurisdiction. Use of the Services from any location where applicable law or regulation would prohibit access by you is prohibited by these Terms and Conditions as well. GameMiles reserves the right to ask you for proof of age and location within a jurisdiction where use by you of the Services is permitted and your Account may be suspended until satisfactory proof is provided.
2.2. Some countries prohibit or limit some or all of the forms of games that are available on the GameMiles Website and the Platforms. The purchase of any games or game play which is prohibited or restricted as to play in your location is prohibited by these GameMiles Terms and Conditions. No rewards or promotional incentives may be earned by you or any other user through activity from any location where such activity is prohibited.
2.3. You are solely responsible for ensuring that you are familiar with your country’s laws, rules and regulations relating to game-play (and, if different, the laws of the country in which you are actually playing), that you do not violate these laws, rules or regulations, and that you have the legal right to use the Services. Any use of the Services is at your sole option, discretion and risk.
3. ACCOUNT CREATION/REGISTRATION
3.1. To use the Services, you will first need to register for an Account with us. You may access any of our Services for which you are eligible after opening your Account.
3.2. You can open an Account with us by choosing a unique name and password and entering other information that we ask for on our registration form such as (but not limited to) your first and last name, address, email, birth date, and mobile telephone number (this information, collectively, comprises your “Details”). You shall ensure that the Details provided at registration are accurate and kept up to date. You can change your Details at any time by editing your ‘Account Information’ preferences. Transactions may be delayed or cancelled if your account information is incomplete or incorrect.
3.3. There are no set-up charges for opening your Account. All payments to and from your Account must be paid in the currencies available on the Services and shall not bear interest. You shall ensure that all payments into your Account are from a payment source for which you are the named account holder. If you are making a purchase from your Account in a currency other than your Account Currency, such purchase will be made at the exchange rates offered by us at the time of such purchase and may be subject to a conversion fee.
3.4. GameMiles reserves the right in its absolute discretion to refuse any application for registration for an Account and is not obliged to provide a reason for any such refusal.
4. IDENTITY AND SINGLE ACCOUNT REGISTRATION
4.1. The name on your Account registration must match your true and legal name and identity and the name on the credit card(s) or other payment accounts used to purchase goods or services in your Account.
4.2. To verify your identity, GameMiles reserves the right to conduct a Security Review (as defined in Section 15 below) at any time.
4.3. You are prohibited from holding more than one Account. If you have more than one Account or have Accounts in different names, then you must contact us immediately to have your Accounts revised so that you only have one Account.
4.4. Should GameMiles have reasonable grounds to believe that you have opened multiple Accounts, GameMiles reserves the right to cancel any transaction related to any of those Accounts, and to close your Account(s).
4.5. If you have lost your Account name or password, please follow the website instructions for a replacement or contact customer support.
5. GAMEMILES EMPLOYEES OR AFFILIATES
If you are an officer, director, employee, consultant or agent of GameMiles or one of its subsidiary, parent or associated companies, or suppliers or vendors, you are not permitted to register for an Account with GameMiles or to directly or indirectly use any of the Services, other than in the course of your function as an GameMiles staff member, consultant or agent.
6. COPYRIGHT AND TRADEMARKS
‘GameMiles’ is a trademark of GMN Holdings Ltd. All other material used by GameMiles on the GameMiles Website and any Platform, including but not limited to the software, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) is owned or licensed by GameMiles or one of its group companies and may be protected by copyright and/or other intellectual property rights. You obtain no rights in any such material or any intellectual property rights in such material, and must not use them without GameMiles’s written permission, which may be withheld at its sole discretion.
7. USE OF THE SERVICES, FRAUDULENT ACTIVITIES AND PROHIBITED TRANSACTIONS
7.1. GameMiles reserves the right to suspend, modify, remove and/or add any Service in its sole discretion with immediate effect and without notice.
7.2. GameMiles forbids the use of all unfair practices on the GameMiles Website and/or any Platform and/or when using any Service and has a zero tolerance policy towards fraudulent activity. We do this to protect our customers and the integrity of the Services.
7.3. You may not cheat or attempt to defraud GameMiles or any other user of any of the Services in any way, including but not limited to manipulation of the multi-currency facilities, use of stolen credit cards, or any other fraudulent activity (including but not limited to any chargeback, or other reversal of a payment) or prohibited transaction. GameMiles reserves the right to disclose information about the use of such unfair or fraudulent practices by any member (including the identity of such member) to other online ecommerce sites, banks, credit card companies, and other such appropriate agencies, and you hereby consent to such disclosure.
7.4. You are expressly prohibited from posting information or contacting our customers to offer or promote any offers, products or services without the express written permission of GameMiles.
8. BONUSES AND PROMOTIONS
8.1. We may from time to time offer you complimentary promotional or bonus amounts to be credited into your Account (“Bonus”). Such Bonuses may only be used in relation to such Services as may be specified when the Bonus is offered to you. Acceptance of any Bonus shall be subject to any additional terms and conditions we may make available to you in respect of each such Bonus offering and, if none, then in accordance with the Standard Promotional Terms and Conditions and Bonus release restrictions contained in the relevant offer. Bonus offers may be used only once unless otherwise specified.
8.2. All our Bonuses are designed for genuine members who may be interested in continuing membership and using the Services. Bonuses may be deemed void at any time to individuals or groups who are suspected of abusing or have a record of promotional abuse or fraud (charge backs) on the GameMiles Website, any Platform or any of our affiliate merchants.
8.3. Bonuses are available only once per person, household address and email address. GameMiles reserves the right to impose further limits in respect of Accounts originating from environments where computers are shared (e.g. university campuses, public libraries, workplaces, etc).
8.4. Unless otherwise stated, a Bonus or promotion cannot be used in conjunction with any other promotional offer and all Bonuses and promotional offers are only available to those members to whom the offer was issued directly by GameMiles.
8.5. Irrespective of where members live in the world (but subject to Section 2 above), GameMiles shall use reasonable efforts to deliver all promotional awards to the prize winner’s registered address or requested address. GameMiles reserves the right to offer an alternative prize of similar value (including a cash payment) if it is either impractical or unable to deliver the relevant prize to the prize winner’s relevant address.
8.6. The decision of GameMiles is final, unless you dispute such decision in accordance with Sections 23 and 26. GameMiles reserves the right to alter promotional terms and conditions at any time in accordance with Section 24.
8.7. You must be 13 years old or over the age of 13 years to enter into any promotional competitions. GameMiles reserves the right to request age and identification documents and at its discretion may use an independent age and identification verification service. Any promotional prizes won by persons found to be under the age of 13 years will be declared void.
8.8. All promotion winners hereby agree that their first name, first initial of their last name, and country of residence may be used in any publicity material by GameMiles.
9. PAYMENT SERVICES PROVIDER
9.1. In order to use the Services, you will be required to send money to us. We may use third-party electronic payment processors and/or financial institutions (“PSP” or “Payment Service Providers”) to process such financial transactions.
9.2. You irrevocably authorize us, as necessary, to instruct such PSPs to handle Account deposits and withdrawals from your Account and you irrevocably agree that we may give such instructions on your behalf in accordance with your requests as submitted using the relevant feature on the GameMiles Website and/or our Platforms.
9.3. You agree to be bound by the terms and conditions of use of each applicable PSP. In the event of conflict between these Conditions and the PSPs terms and conditions then these Conditions shall prevail. If you do not wish to be bound by the terms and conditions of use of a PSP used by us, you should close your Account in accordance with Section 17.
10. ABUSIVE OR OFFENSIVE BEHAVIOUR
Abusive or offensive behaviour will not be tolerated on the GameMiles Website or our Platforms or with any of our staff. Any violation of this policy will result in a suspension of your Account or such other action as may be reasonably required by GameMiles to ensure compliance.
11. DISCLOSURE OF ACCOUNT NAME AND PASSWORD
11.1. You agree to keep your Account name and password (including answers to any security questions) secret and confidential and not to allow anyone else to use it. Every person who identifies themselves by entering a correct username and password is assumed by GameMiles to be the rightful Account holder and all transactions where the username and password have been entered correctly will be regarded as valid. You are solely responsible for any activity taking place on your Account, whether conducted by you or not.
11.2. In no event will GameMiles be liable for any loss you suffer as a result of any unauthorized use or misuse of your login details. If you have lost your Account name, username or password, please follow the website instructions for a replacement.
11.3. If you misplace, forget, or lose your Account name, username or password as a result of anything other than GameMiles’s error, GameMiles shall not be liable for any losses suffered.
13. SECURITY REVIEW
13.1. To maintain the level of security and integrity in the system, GameMiles reserves the right to conduct a security review at any time to validate your identity, age, the registration data provided by you, to verify your use of the Services, including but not limited to your compliance with these Conditions and the policies of GameMiles and your financial transactions carried out via the Services for potential breach of these Conditions and of applicable law (a “Security Review”).
13.2. You authorize us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate the information you provide to us or should provide to us in accordance with these Conditions.
13.3. To facilitate these Security Reviews, you agree to provide such information or documentation as GameMiles at its discretion, may request (including but not limited to copies of a valid passport/identity card, recent utility bill or bank statement and/or any payment cards used). Failure to supply any requested documentation may result in suspension of your Account.
14. FORFEITURE & ACCOUNT CLOSURE
15.1. GameMiles reserves the right, in its discretion and in relation to your Account, any related payment service provider account, any accounts you may have with other sites and/or services owned or operated by or on behalf of GameMiles, to suspend or close your Account, terminate the agreement between you and GameMiles, withhold your Account balance (temporarily or permanently) and recover from such Account the amount of any affected payout or bonuses if:
15.1.1. you are in material breach of the Conditions;
15.1.2. you have used or attempted to use the Services for the purposes of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity (including, without limitation, any of the activities described in Section 7); or
15.1.3. you have wrongfully charged back or denied any of the purchases that you made to your Account; or
15.1.4. we are otherwise expressly entitled to under the Conditions.
15.2. In the event that no transaction has been recorded on a Member’s Account for thirty months, GameMiles reserves the right to close the Account and remit the balance using the last known details of the member. In the event that the member cannot be satisfactorily located within thirty days after the first location attempt then any remaining balance shall be forfeited by the member.
16.1. You are entitled to close your Account and terminate the agreement between GameMiles and having us return any account balance from your Account by sending an email or telephoning us using the details on our Contact Us page. GameMiles will use reasonable efforts to respond within 48 hours. You continue to be responsible for all activity on your Account until you have received confirmation that your Account has been closed by us.
16.2. GameMiles is entitled to terminate the agreement between you and GameMiles and to close your Account by notice to you at the email address you have provided upon Account registration. In the event of termination by GameMiles, GameMiles shall, other than where termination is based on your breach of the Conditions, as soon as reasonably practicable refund the balance of your Account. Where GameMiles has terminated based on your breach of the Conditions, any balance in your Account may be non-refundable and deemed forfeited unless otherwise determined by GameMiles.
16.3. The Sections of these Terms and Conditions which are required for the purposes of interpretation or enforcement shall survive any termination of these Conditions by either party.
17. LIMITATIONS AND EXCLUSIONS
17.1. GameMiles is not required to provide redundant or back up networks and/or systems. Use of the GameMiles Website, any Platform and the Services is at your own risk.
17.2. In no event will we, or any of our parent, subsidiaries, affiliates, officers, directors, agents or employees, accept any liability however arising for any losses (including any direct, indirect or consequential loss or damage) you may incur as a result of using the Services on the GameMiles Website or any Platform.
17.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the GameMiles Website, any Platform or our games or your downloading any material posted on it or any website linked to it.
17.4. The material displayed on the GameMiles Website and each Platform and our games offered, as well as those provided by 3rd parties, is provided without any guarantees, conditions or warranties as to its accuracy.
17.5. Nothing in the Conditions shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.