Updated as of 2024 / 03 / 01

1.GENERAL INFORMATION

Welcome to DATA HIGH STREAM – the digital marketplace of virtual items for online games. Before You use our marketplace, please read the following Terms and Conditions of Use (hereinafter referred also to as “Terms”) carefully. By using DATA HIGH STREAM, You fully signify your agreement to these Terms and You shall be bound by the same. If You do not agree to any of these Terms, do not use the marketplace and immediately stop your visit to the Website.

The Terms, and all schedules and appendices attached or referred hereto, if any, is an agreement between You and DATA HIGH STREAM PTE. LTD., company duly registered in Singapore with its UEN: 202204020G having its registered address at 1004 TOA PAYOH NORTH #04-14 SINGAPORE (318995) (“DATA HIGH STREAM”, “Company”, “we”, “us”, or “our”).  

The Services are intended for and may only be used by individuals who are under 18 years and older who can form and sign legally binding contracts under applicable law.   

The Terms shall govern:

  • (a) the provision of DATA HIGH STREAM Services (as defined hereinafter); and
  • (b) your use of DATA HIGH STREAM digital marketplace.

 

2.DEFINITIONS

In these Terms, unless the context otherwise requires, the following words and expressions shall have the following meanings:

  •  “Account” means an account registered at the Website and used by You for accessing and using DATA HIGH STREAM digital marketplace.
  • “DATA HIGH STREAM”, “Company”, “we”, “us”, or “our” means DATA HIGH STREAM digital marketplace created by DATA HIGH STREAM PTE. LTD., as well as any of its affiliates and/or subsidiaries.
  • “Buyer” means any purchaser of any goods and/or Services at DATA HIGH STREAM marketplace.
  • “Seller” means any seller registered at DATA HIGH STREAM displaying, listing, or offering any virtual items or Services for sale through or on the Website.
  • “Services” means any services and features provided or made available for Users by DATA HIGH STREAM on the Website from time to time, including without limitation the services offered by DATA HIGH STREAM to facilitate the Seller and the Buyer to enter into the sale contract.
  • “Terms and Conditions of Use”, “Terms and Conditions”, “Terms” means these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Services and the Website.
  • “Virtual Items” means digital, blockchain-based items, NFTs that exist in digital form and designated for use in online games or otherwise utilized or have a memorable and collectible nature and properties or which value is inherently subjective.
  • “Website” means the website of DATA HIGH STREAM marketplace at https://datahighstream.com/ 
  • “You”, or “User” means any users of the DATA HIGH STREAM marketplace, including without limitation the Sellers and the Buyers.

 

In these Terms, unless the context otherwise requires:

  • (a) denoting the singular include the plural and vice-versa;
  • (b) words denoting natural persons include bodies corporate and unincorporated;
  • (c) references to any law, legislation or to any provision of any law or legislation shall include all relevant regulations, statutory requirements and instruments issued under such law, legislation or provision and any variation, modification or re-enactment of any of the foregoing;
  • (d) headings of these Terms are inserted for convenience only and shall not affect the construction or interpretation of these Terms;
  • (e) references to any party to these Terms or any other agreement or instrument shall include that party’s successors and permitted assigns;
  • (g) any words following the terms including, include or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

 

3.ACCESS TO THE MARKETPLACE

If You wish to access DATA HIGH STREAM marketplace and its Services, You need to create an account at DATA HIGH STREAM in accordance with the registration process. Upon successful registration, You may be given access to the Website and Services by logging in to your registered account. DATA HIGH STREAM is entitled to perform a background check on You and have rights in its sole and absolute discretion to refuse granting You the access to the Website or any part thereof. You also may be asked to provide additional information during the registration process for verification.

You are solely responsible for keeping the username and password of your own account confidential and always secured. In case of any unauthorized access to your account, You shall immediately notify DATA HIGH STREAM. Any instruction, notification, confirmation received by the Company from Your User account shall be deemed to have been issued by You notwithstanding that such instruction, notification, confirmation may have been issued by a third party, whether authorized or otherwise, and You shall be bound by such instruction, notification, confirmation. DATA HIGH STREAM shall not be liable for action on the instruction, notification, confirmation sent through Your account. The Company shall not be obliged either to investigate the authenticity or authority of the person sending/affecting the instruction, notification, confirmation from Your account or verify the completeness of such.

You shall closely monitor all activities and transactions carried out through your Account and You shall take all the necessary steps and measures to check and verify the transaction history of Your account. You shall immediately notify the Company in case:

  • (a) of any unusual activities or transactions in connection with your Account or in the event that any of the activities or transactions are not accurately recorded in your Account;
  • (b) upon receipt of any incomplete, garbled or inaccurate data or information from DATA HIGH STREAM; and
  • (c) upon receipt of any data or information which is not intended for You, and You shall not use or disclose any such data or information without DATA HIGH STREAM written consent. 

Unless expressly agreed by DATA HIGH STREAM each person is limited to one Account on the Website. No Account may be created on behalf of or in order to impersonate another person. Should the Company discover that such a fraudulent account has been created, we shall be entitled to immediately suspend such the account and reserve the right to take any further remedial action, including without limitation informing the relevant authorities, without any liability on the part of DATA HIGH STREAM.

 

4.SALE CONTRACT

All sale contracts are strictly made between the relevant Seller and the relevant Buyer to the full and absolute exclusion of DATA HIGH STREAM. We make no representation and/or warranty of any kind as to the Virtual Items and/or Services, and DATA HIGH STREAM shall not be made liable or responsible to You in any manner whatsoever for any costs, loss, damages, claims, fines, penalties, liabilities and/or expenses howsoever arising from the sale contract, including without limitation for any negligence, delay, failure, fault and/or breach on the part of the relevant Seller or Buyer. The Buyer acknowledges that there is a risk that the relevant game developer may modify the Buyer’s game account and its content from purchases made by the Buyer via the Platform and DATA HIGH STREAM shall not be held liable in any manner whatsoever in such circumstances. For the avoidance of doubt, all Virtual Items and/or Services are offered by the relevant third party Seller and DATA HIGH STREAM is merely the facilitator of such Virtual Items and/or Services. As such, the Company has no control over the quality, safety, morality or legality of any aspect of the Virtual Items and/or Services listed, the truth or accuracy of the listings. DATA HIGH STREAM cannot guarantee that a Buyer or Seller will complete a transaction.

Notwithstanding the foregoing, the sale contract shall be subject to, and You shall observe and comply with the following terms and conditions:

  • (a) You shall not modify or cancel any sale contract formed via the Website except with the consent in writing of DATA HIGH STREAM and on the condition that You shall indemnify the Company in full against all loss, costs, damages, charges and expenses (including loss of profit) incurred by DATA HIGH STREAM as a result of such modification or cancellation;
  • (b) You shall carry out all your obligations in connection with the sale contract diligently in a timely manner and with due care and skill;
  • (c) You shall comply with any instructions, guidelines and/or policies as may be published or provided by DATA HIGH STREAM in connection with the sale contract from time to time.

 

In the event that any conflict, dispute and/or issue between You and another User or a third party in respect of the sale contract arises:

  • (a) We encourage You to contact such User or third party and use your best endeavor to resolve such conflict, dispute or issue fairly and amicably, which DATA HIGH STREAM shall use reasonable commercial efforts to facilitate.
  • (b) DATA HIGH STREAM may, but not obliged to, intervene or take part in the resolution of such conflict, dispute or issue for the benefit of users. DATA HIGH STREAM does so in good faith and at its sole and absolute discretion, in accordance with the dispute resolution process based upon its’ policies. DATA HIGH STREAM has no obligation to resolve disputes between users or between users and outside parties. You shall comply with all reasonable instructions as may be made by DATA HIGH STREAM in connection thereof.
  • (c) Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from any transaction.
  • (d) DATA HIGH STREAM shall have the right to retain any sums paid by the Buyer for the relevant Goods and/or Services until a mutually amicable binding resolution has been reached; and
  • (e) You release DATA HIGH STREAM (and it’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all demands, damages and claims (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or a third party to the maximum extent permitted by applicable law..

 

5.PAYMENTS, COMMISION AND TAXATION

If You pay for any of our one-time payment plans, You agree to pay all fees or charges to your account for the Virtual Items and the Services in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Your payment provider agreement governs your use of the designated credit card account, and You must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your payment provider. By providing DATA HIGH STREAM with your credit card number and associated payment information, You agree that the Company is authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to DATA HIGH STREAM hereunder and that no additional notice or consent is required. You agree to immediately notify DATA HIGH STREAM of any change in your billing address or the credit card used for payment hereunder. DATA HIGH STREAM reserves the right at any time to change its prices and billing methods, either immediately upon posting on our Website or by e-mail delivery to You.

Our fees and commissions are payable on demand and may not exceed 50 (fifty) percent of the cost of each specific product. You authorize us to deduct them from sums paid by customers. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by You. You are responsible for any third-party fees that You may incur when using the Services or buying any Virtual Items.

If requested or notified by DATA HIGH STREAM, the Seller shall deposit the sum stipulated in the relevant policy as security deposit (as described in the relevant policy) prior to listing or displaying any of its Virtual Items and/or Services on the Website. DATA HIGH STREAM shall be entitled to withhold the sum stipulated in the relevant policy (if any) as rolling Reserve (as described in the relevant policy) in respect of each sale contract.

The Sellers and Buyers hereby acknowledge and confirm that they are generally responsible for any but not limited goods and services tax, VAT, sales tax, or any other taxes that apply to any Virtual Items and/or Services sold through our Website. For more information about your tax obligations, please contact your respective tax authorities or tax advisors in your country.

In any jurisdiction where DATA HIGH STREAM has an obligation to collect tax on consumer purchases. DATA HIGH STREAM may add the applicable tax to the Virtual Item price displayed to the Buyer. DATA HIGH STREAM will display the tax amount at checkout once the Buyer’s order is confirmed, and this will be included in the order total paid by the Buyer. DATA HIGH STREAM will collect this amount via any means available to us, including by deducting the necessary amounts from the funds which are to be transferred to the seller or customer, and remit the tax to the relevant authority.

As the Seller, You acknowledge and agree that DATA HIGH STREAM has an obligation to collect any tax on purchases and that we may not report tax collected to You.

 

6.SELLER’S WARRANTIES, REPRESENTATIONS AND OBLIGATIONS

You as the Seller hereby agrees to:

  • try your best to reply to the customer within 3 (three) business days to any refund claims or disputes; if no response is received within 3 (three) business days, DATA HIGH STREAM will have to step in to find the solutions;
  • comply with any applicable consumer protection laws and regulations, relating to your obligations to provide full information and accept cancellations and refunds;
  • acknowledge and agree that our decision on the return of the funds to the customer shall be final;
  •  provide information to us in respect of any claim for non-delivery and any dispute as to payment to enable us to identify the possibility of fraud;
  •  on your own take inventory, count services and determine the amount to be paid to the Buyer;
  •  demand payments based on a written request.

 

You as the Seller hereby warrant that any Virtual Items placed on our Website for sale:

  • is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing any intellectual property rights, or otherwise injurious to any third party;
  • does not offend against the law of any country whose citizens might purchase it.

 

The Sellers hereby warrant that they own the copyright of any content they place on our Website for sale, or that they have the permission of the copyright owner to enter or upload that Content.

 

7.GENERAL OBLIGATIONS

You shall, at your own cost and expense:

  •  comply with all applicable law, statutes, bye-law, regulations, orders, delegated or subordinate legislation, regulatory policies, notices, determinations, guidelines, directives and/or any other requirements of any governmental, statutory and/or regulatory bodies and/or departments from time to time;
  • obtain and maintain throughout the duration of the Terms, all necessary approvals, consents, licenses and permissions (statutory, regulatory, contractual or otherwise) in relation to your obligations and activities under these Terms and the sale contract; and
  • comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Platform and Services as imposed or may be imposed by G2G from time to time.

 

8.COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS  

All Content on our Website is the property of either us, our affiliates, the sellers or the customers. It is all protected by national and international copyright laws.

You may not copy, modify, publish, transmit, create derivative works from, or in any way exploit any of the content, except as is expressly permitted in these Terms or with our prior written consent.

For the sake of good order, You should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text. To the extent permitted by law, all right, title and interest in and to any derivative work created by DATA HIGH STREAM and/or its affiliates using user content pursuant to these Terms shall remain with DATA HIGH STREAM. The latter is free to transfer them, grant them in the form of a license or grant them to any of its subsidiaries or to any third party.

 

9.USE OF SERVICES

You may list and sell Virtual Items on the Website in accordance with the procedures set out, subject to all conditions and requirements as may be imposed by DATA HIGH STREAM from time to time. DATA HIGH STREAM may at its absolute discretion: categorize the Seller into the relevant group of Sellers based on DATA HIGH STREAM’ criteria; and determine the range of prices for the Virtual Items and/or Services.

 

Each Seller warrants, represents, acknowledges and/or confirms that:

  • it has procured all necessary permission, right, license, consent and/or approval from the relevant third parties and/or the local laws to publish, display and offer Virtual Items and/or Services for sale through the Website (including without limitation the publishing of all information in connection with the Virtual Items and/or Services on the Website) and such publishing, displaying and offering will neither infringe any third party rights nor violate local laws;
  • it shall honor and perform all the sale contracts and shall not engage in any conduct or carry out any action which may affect the Buyer’s entitlement to the purchased Virtual Items and/or Services;
  • it is able to provide, transfer or deliver Virtual Items and/or Services to the Buyer in a timely manner (i.e. when the Buyer has confirmed the order with DATA HIGH STREAM or when the Buyer has made the payment for the relevant Virtual Items and/or Services whichever earlier);
  • the Virtual Items and/or Services are accurately described and the Virtual Items and/or Services delivered or provided to the Buyer will conform with its description;
  • it shall not directly or indirectly recruit and/or poach any Buyers or enter into any independent transaction with the Buyer other than through the Website.

 

The Seller shall be solely liable for all claims in relation to and in connection with the Sale Contract, including, without limitation, non-delivery, defective quality and/or misdescription of the Virtual Items and/or Services.

DATA HIGH STREAM shall not in any manner whatsoever be construed, at law or otherwise, to owe a fiduciary duty to the Seller in respect of the obligations on the part of the Buyer to pay the price of the purchased Virtual Items and/or Services.

 

10.WARRANTIES, AND DISCLAIMER

DATA HIGH STREAM warrants that the Services will be provided with reasonable care and skill. Information made available to You through the Website or Services may be furnished to DATA HIGH STREAM by third parties, including without limitation the Seller and other users of the Website.

While DATA HIGH STREAM will use reasonable endeavors to ensure that such Information is communicated to You in its original form as supplied by the third party, DATA HIGH STREAM G2G does not warrant that the said Information is accurate, complete, reliable, original, current, or error-free.

In relation to the use of DATA HIGH STREAM or Services, we do not warrant that:

  • (a) the functions contained in DATA HIGH STREAM, Website, Services will meet your requirements;
  • (b) the operation of the Website will be uninterrupted or error-free;
  • (c) any defects in DATA HIGH STREAM will be corrected; and
  • (d) the Website is free of viruses, bugs, online interruption or other harmful threats. You shall be responsible for implementing all necessary security and virus protection measures on or in your computer or mobile device before accessing the Website.

 

You understand, acknowledge and agree that:

  • (a) advice or recommendations are a matter of opinion and may not represent the true application, quality or feature of a particular service, as such You accept that any advice or recommendation given by DATA HIGH STREAM, its employees or agents is followed or acted upon entirely at your own risk, and accordingly DATA HIGH STREAM shall not be liable for any such advice or recommendation;
  • (b) all transactions conducted on the Website are through telecommunication and data network. As such, your receipt of the notification from DATA HIGH STREAM and vice versa may be delayed or prevented by factors affecting the relevant service providers and other relevant parties. You accept that DATA HIGH STREAM cannot guarantee the prompt delivery of such notification or confirmation; and
  • (c) there may be certain times that the Website or Services may not be available due to maintenance, updating or upgrading works, or such other reasons beyond the control of DATA HIGH STREAM. We make no warranty that the Website will be always available, and DATA HIGH STREAM shall not be held responsible or liable in any manner whatsoever for such unavailability.

 

11.LIMITATION OF LIABILITY

To the maximum extent permitted by laws:

  • (a) the Website, Virtual Items, Services and all information made available to You by DATA HIGH STREAM are provided on an “as is” and “as available” basis, without warranty of any kind, and DATA HIGH STREAM hereby disclaims all warranties and conditions with respect to the Website, Virtual Items, Services and all information made available to You by DATA HIGH STREAM unless otherwise stated in the Terms; 
  • (b) DATA HIGH STREAM shall not be liable to You for any costs, loss, damages, claims, fines, penalties, liabilities and/or expenses howsoever arising from the provision of any Information made available to You through the Website;
  • (c) in no event shall DATA HIGH STREAM be liable for any indirect, incidental, punitive and/or consequential damages and/or losses, loss of profit, goodwill, production and/or revenue and/or any other type of special losses and/or damages howsoever arising whether or not such losses and/or damages were reasonably foreseeable or DATA HIGH STREAM had been advised of the possibility of same incurring; and
  • (d) our maximum and cumulative total liability (including any liability for acts and omissions of our representatives) in respect of any and all costs, loss, damages, claims, fines, penalties, liabilities and/or expenses howsoever arising under these Terms shall not exceed MYR100 or the relevant fees paid by You for any of Virtual Items or Services in dispute whichever is higher.

 

12.INDEMNITY

You agree to defend, indemnify and hold DATA HIGH STREAM, its affiliates and each of their respective directors, officers, employees and agents harmless from and against all costs, loss, damages, claims, fines, penalties, liabilities and/or expenses, including attorneys’ fees, arising howsoever under the Terms including without limitation arising from or in connection with negligence, omission, and/or breach of these Terms on your part. This indemnity shall be granted whether or not legal proceedings are instituted and, if such proceedings are instituted, irrespective of the means, manner or nature of any settlement, compromise or determination. For the avoidance of doubt, nothing in this clause shall prevent or restrict DATA HIGH STREAM enforcing any other rights and obligations owed to it under these Terms.

 

13.FORCE MAJEURE

DATA HIGH STREAM shall not be liable to You or be deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform, any of the obligations under these Terms, if the delay or failure was due to any cause beyond our  reasonable control, including but not limited to:

 

  • (a) fire, act of God, storm, explosion, earthquake, flood, tempest, accident or other natural disaster;
  • (b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;
  • (c) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
  • (d) strikes, lock outs or other industrial actions or trade disputes;
  • (e) difficulties in obtaining raw materials, labor, fuel, parts or machinery; and/or
  • (f) telecommunication, transportation, power supply, or system disturbances or failures, or breakdown in machinery affecting the Website or any part thereof.

 

14.DATA HIGH STREAM RIGHTS AND SUSPENSION

Without prejudice to any other rights DATA HIGH STREAM may have under the Terms or at law, DATA HIGH STREAM shall have the right to immediately (without notice):

 

  • (a) suspend or cease your access to the Website and/or Services;
  • (b) change or discontinue any aspect or feature of the Website Services, including, but not limited to, content, hours of availability, and equipment needed for access and use;
  • (c) remove any information submitted, uploaded or transmitted by You to or through the Website;
  • (d) suspend or limit any or all of the activities and/or transactions in connection with your Account; and/
  • (e) withhold, retain or forfeit any payment due, owing to You in any of the following events:
    •        DATA HIGH STREAM is of the opinion that your performance of any of the sale contracts is not satisfactory in our sole discretion;
    • DATA HIGH STREAM is of reasonable opinion that your use of the Website and/or Services will interfere or cause disturbances to other user’s use or enjoyment of the Website and/or Services; or
    • You are found to be in breach of any of the terms and conditions contained in the Terms or we suspect, on reasonable grounds, that You may have committed any such breach.

 

15.VARIATION

DATA HIGH STREAM shall have the right at any time to add, delete, amend, or modify these Terms, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for access and use. Such addition, deletion, amendment, or modification shall be effective immediately upon notice thereof, which may be given by means of, including, but not limited to, posting on the Platform, or by electronic or conventional mail, or by any other means by which You obtain notice thereof. Any use of the Website by You after the issuance of such notice shall be deemed to constitute acceptance of the Terms  with such addition, deletion, amendment, or modification.You shall immediately notify DATA HIGH STREAM and stop using the Website in the event that You are not agreeable to any such addition, deletion, amendment, or modification.

 

16.MISCELLANEOUS

The Terms (together with any documents referred to herein) constitutes the whole agreement between the parties relating to the subject matter hereof and supersedes any prior agreements, understandings or arrangements between them, whether oral or in writing relating to the subject matter hereof and no representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to the Terms except as set out in these Terms.

You shall not transfer, assign, novate and/or sub-contract any of your rights and/or obligations contained in these Terms to a third party without DATA HIGH STREAM prior written consent. DATA HIGH STREAM transfer, assign, novate, and/or sub-contract any or all of its rights and obligations under these Terms to any of its affiliates.

No failure or delay on the part of a party in exercising any rights or remedies under these Terms at any time or for any period of time nor any knowledge or acquiescence by a Party of, or in, any breach of any provision of these Terms shall operate as or be deemed to be a waiver thereof nor shall a waiver by that party of any breach constitute a continuing waiver in respect of any subsequent or continuing breach. A provision of right or remedy under these Terms may not be waived except in writing signed by the waiving party.

The construction, validity and performance of these Terms shall be governed in all respects by the laws of Singapore. The parties hereto submit to the exclusive jurisdiction of the courts of Singapore.

The covenants, conditions and provisions of the Terms which are capable of having effect and which shall by its nature survive after the termination or expiration of these Terms shall remain in full force and effect following the termination or expiration of the Terms.Do not hesitate to contact us in case of any questions: info@datahighstream.com