© EVERPEAK GLOBAL

1. Scope and acceptance

1.1 Scope

1.1.1
hese terms and conditions, consisting of Part I (General Terms of Use) and Part II (Additional Terms of Use) (collectively referred to as the "Terms"), govern your use of the following services (collectively referred to as the "Services") offered or managed by EVERPEAK GLOBAL Payments Pte. Ltd. ("EVERPEAK GLOBAL ") and/or its affiliates and subsidiaries (collectively referred to as "EVERPEAK GLOBAL" and "we"):

The website (www.EVERPEAK GLOBAL.co), including its access and all links and functions;
The EVERPEAK GLOBAL Shop mobile application, EVERPEAK GLOBAL Shop website (www.everpeakglobal.net), and other platforms that can be used to access EVERPEAK GLOBAL Shop ("EVERPEAK GLOBAL Shop");
User accounts registered through EVERPEAK GLOBAL Shop ("EVERPEAK GLOBAL Account");
Payment facilitation and/or digital content resale services through EVERPEAK GLOBALPay or EVERPEAK GLOBAL Shop, where you can make purchases from EVERPEAK GLOBAL, third-party sellers ("Publishers"), and/or payment channel partners ("Payment Channels"), and make payments through payment methods provided by EVERPEAK GLOBAL on the aforementioned platforms;
EVERPEAK GLOBAL Cash and all related services ("EVERPEAK GLOBAL Cash"); and/or
Other EVERPEAK GLOBAL applications, websites, and/or services linked to these Terms.

1.1.2 Please read Part II (Additional Terms of Use) below to understand the EVERPEAK GLOBAL Cash terms applicable in countries where such terms are provided, the English and local language versions of these Terms, and additional matters that may apply in your jurisdiction of residence.

1.1.3 Unless otherwise specified in these Terms, these Terms are created and agreed between you and EVERPEAK GLOBAL.

1.2 Acceptance

By using any of the Services, you agree to and accept these Terms and agree to be bound by them. IF YOU DO NOT ACCEPT OR AGREE TO THESE TERMS, YOU MUST IMMEDIATELY STOP USING AND/OR ACCESSING THE SERVICES.

1.3 Changes

EVERPEAK GLOBAL reserves the right to make changes to these Terms or any policies or notices related to its platform, site, or application at any time. Such changes will take effect immediately after being published on www.everpeakglobal.net ("EVERPEAK GLOBAL Sites"), or other EVERPEAK GLOBAL applications, websites, and/or platforms. EVERPEAK GLOBAL will also send notifications on these platforms to inform users about new Terms, with the last revision date specified at the top of the Terms. You are responsible for regularly checking the aforementioned sites to understand the latest version of the Terms. Your continued use of the Services or the above platforms after changes to the Terms constitutes your continued acceptance of the amended Terms.

1.4 Updates

EVERPEAK GLOBAL may provide new features, enhancements, updates, patches, and other changes to the Services (collectively referred to as "variations"). We may update, patch, or change the EVERPEAK GLOBAL Sites, mobile applications, or any of our platforms remotely. You hereby grant EVERPEAK GLOBAL the right to distribute and apply such variations. All terms of these Terms of Service also apply to all such variations.

Part I GENERAL TERMS OF USE

2. Use of Services

2.1 Application of Terms through use.

These Terms will apply regardless of how you access or use the Services, including but not limited to mobile devices, desktop devices, mobile applications, internet browsers, or other devices, applications, or software.

2.2 License to use

2.2.1
EVERPEAK GLOBAL grants you a non-exclusive, non-transferable, limited right and license to access and use the EVERPEAK GLOBAL Sites and/or Services for your personal and non-commercial use, subject to these Terms.

2.2.2
EVERPEAK GLOBAL reserves the right to terminate this license without prior notice to you if your use of the Services is found to violate these Terms.

2.3 Access and use of Services and EVERPEAK GLOBAL Sites

2.3.1 The Services allow you to purchase certain digital content, such as gift codes, in-app/game credits, and vouchers from EVERPEAK GLOBAL or Publishers through the EVERPEAK GLOBAL Sites or through Publisher sites or platforms, and make payments for such purchases through Payment Channels by:

Redeeming or using prepaid mobile credits issued by your mobile network operator;
Having the purchase amount added to your postpaid mobile bill issued by your mobile network operator; or
Using any other payment options offered by EVERPEAK GLOBAL's payment channel partners, such as e-wallets, voucher redemption, payments at participating convenience stores, credit cards, and bank transfers.

For credit card or bank transfer payments, any banking or credit card information you provide is collected directly through the Payment Channels which are the relevant banking institutions, card issuers, or card aggregators. This information is not collected, stored, or processed by EVERPEAK GLOBAL.

2.3.2 Purchases made using the Services will be executed in one of two forms, where:

(a) You purchase gift codes, in-app/game credits, and vouchers directly from third-party Publishers ("Publisher Codes") as the registered seller, and EVERPEAK GLOBAL provides facilitation services to the Publisher by processing and collecting payments for Publisher Codes purchased on behalf of the Publisher;

(b) EVERPEAK GLOBAL resells Publisher Codes directly to you, as the registered seller.

2.4 Payment facilitation and digital content resale services

2.4.1 You initiate and make purchases by selecting to purchase Publisher Codes through (i) the relevant Publisher's website or mobile platform, where you will be directed to the EVERPEAK GLOBAL Sites to make payment; or (ii) EVERPEAK GLOBAL Shop.

2.4.2 To make payments through the Services, you must have a valid and eligible mobile account with one of our partner mobile network operators or a valid payment instrument issued or recognized by the Payment Channels.

2.4.3 You are fully responsible for the use of your account or payment instrument through the Services. You acknowledge and accept that EVERPEAK GLOBAL is not responsible for any unauthorized use or access by third parties to your account or payment instrument.

2.4.4 EVERPEAK GLOBAL, Publishers, and/or Payment Channels reserve the right to refuse or deny any transaction for any reason or to set limits on the type and/or amount of transactions.

2.5 Publisher Codes

Regarding Publisher Codes purchased through the EVERPEAK GLOBAL Sites or using the Services, the relevant Publisher that issued the purchased Codes, and not EVERPEAK GLOBAL, is fully responsible for redeeming the Codes and providing the goods or services to you in exchange. Unless otherwise stated on the relevant product information page on the EVERPEAK GLOBAL Sites, Publisher Codes do not expire.

2.6 Service Changes

EVERPEAK GLOBAL reserves the right to change, modify, suspend, or discontinue all or part of the Services at any time, with or without notice to you. Any changes or modifications may be reflected in these Terms in accordance with the Changes section.

2.7 Taxes, fees, and charges

You are responsible for any taxes, duties, currency exchange fees, data charges, and related costs on purchases you make as a result of or while using the EVERPEAK GLOBAL Sites or Services.

2.8 Dispute handling

If you are dissatisfied with Publisher Codes purchased using the Services, or if you believe you have been billed in error, please contact the following directly to resolve the issue:

EVERPEAK GLOBAL, for purchases made at EVERPEAK GLOBAL Shop; or
The Publisher, for all other transactions.

If you are unable to resolve the issue with the Publisher directly, you may file a dispute or complaint against the Publisher with us. You must not make false or misleading statements when filing, or during any subsequent investigation of the dispute. EVERPEAK GLOBAL will investigate all disputes submitted to it and will make reasonable efforts to resolve such disputes. However, the final resolution of such disputes will be at EVERPEAK GLOBAL's sole discretion.

2.9 Error handling

As part of or separate from the dispute handling process, EVERPEAK GLOBAL may determine that an error has occurred that affects you. If EVERPEAK GLOBAL determines that you have been incorrectly billed or billed for more than you should have been, EVERPEAK GLOBAL will credit your account or arrange for a refund to correct the error. If EVERPEAK GLOBAL concludes that you were not charged when you should have been, or that you were charged less than you should have been, EVERPEAK GLOBAL may debit or charge your account or bill payment to correct the corresponding error.

User Content

3.1 Your Content

Certain Services may allow you to submit content through the EVERPEAK GLOBAL Sites, including but not limited to information, text, images, videos, comments, suggestions, and feedback ("User Content"). You retain ownership of your User Content, but you grant EVERPEAK GLOBAL a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, modify, translate, publish, publicly perform, publicly display, distribute, and create derivative works of such content for the purpose of operating, promoting, and improving the Services.

3.2 Content Guidelines

You may not upload, post, or otherwise submit any User Content that: (a) infringes or misappropriates the intellectual property, privacy, or other rights of any third party; (b) contains unlawful, harassing, threatening, abusive, defamatory, obscene, or otherwise objectionable or inappropriate material; (c) distributes malware, viruses, worms, or any other form of malicious code; (d) violates any applicable laws or regulations; or (e) is otherwise harmful to EVERPEAK GLOBAL, its users, or third parties as determined by EVERPEAK GLOBAL in its sole discretion.

3.3 Content Review and Removal

EVERPEAK GLOBAL is not obligated to pre-screen User Content, but reserves the right, in its sole discretion, to review, edit, refuse to post, or remove any User Content without notice. You agree that EVERPEAK GLOBAL will not be liable for any removal or modification of User Content.

3.4 Reporting Violations

If you believe any User Content infringes your rights or violates these Terms, you may notify us by following the reporting procedure provided by EVERPEAK GLOBAL. We will review and respond to such reports as appropriate.

4. EVERPEAK GLOBAL Shop User Accounts

4.1 Account Services

At your option, you may register for a EVERPEAK GLOBAL Account, allowing you to:

Access certain reward schemes or promotions on EVERPEAK GLOBAL Shop;
Browse or keep records of purchase transactions you have made on EVERPEAK GLOBAL Shop;
Use other features of the Services or EVERPEAK GLOBAL Sites that may only be available to registered users.

4.2 Account Verification

If you register for a EVERPEAK GLOBAL Account, you affirm that you have provided complete and accurate information about yourself to EVERPEAK GLOBAL for verification purposes, and that you are responsible for maintaining the confidentiality of your EVERPEAK GLOBAL Account, its password, and all activities that occur under your EVERPEAK GLOBAL Account. If there is any unauthorized access to your EVERPEAK GLOBAL Account, you must immediately notify EVERPEAK GLOBAL.

4.3 Transaction History

You can access records of all successful and failed purchases or balance top-ups on your EVERPEAK GLOBAL Account page via www.everpeakglobal.net. If there are any errors or missing information, please contact us through the Help Center. We will take the necessary steps to resolve the issue as soon as possible.

4.4 Closure or Suspension of EVERPEAK GLOBAL Account for Violations

EVERPEAK GLOBAL reserves the right at its sole discretion to permanently close or suspend your EVERPEAK GLOBAL Account or your access to it at any time if:

You attempt to engage in, or are directly or indirectly involved in behavior prohibited under these Terms;
You violate any clause of these Terms, and if such violation is remediable, you fail to do so within thirty (30) days of receiving written notice from EVERPEAK GLOBAL stating the violation;
EVERPEAK GLOBAL is required to do so by regulatory authorities or law enforcement bodies;
You become or are subject to bankruptcy proceedings;
You have provided incorrect or inaccurate information to us and fail to provide correct or accurate information to us within fifteen (15) days of receiving written notice from EVERPEAK GLOBAL requesting such information;
EVERPEAK GLOBAL has determined that the security of your EVERPEAK GLOBAL Account has been compromised, or your account has been accessed without authorization, and you fail to take action within five (5) days of receiving written notice from EVERPEAK GLOBAL specifying the required remedial actions;
You fail to comply with these Terms or additional terms applicable to the Services.

4.5 Voluntary Closure of EVERPEAK GLOBAL Account by User

You may choose to permanently close your EVERPEAK GLOBAL Account at any time and for any reason by providing thirty (30) days' prior written notice to EVERPEAK GLOBAL through www.everpeakglobal.net. All transactions you have made before such closure must be paid, and EVERPEAK GLOBAL reserves the right to deduct from your balance any unpaid fees, additional charges, or expenses you may incur before closing your EVERPEAK GLOBAL Account (if applicable).

5. User Content

5.1 User Content

You are responsible for all content you transmit, publish, share, submit, or post, whether publicly or privately ("User Content"), on EVERPEAK GLOBAL sites or platforms. EVERPEAK GLOBAL is not responsible or liable for User Content and is under no obligation to continuously monitor, moderate, or review User Content. However, EVERPEAK GLOBAL may remove User Content that violates these Terms at the request of other users or at its own discretion.

5.2 No Misrepresentation

You must not misrepresent your identity, impersonate any individual or entity, or mislead other users about the origin of User Content you transmit, publish, share, submit, or post.

5.3 Restrictions on User Content

You must not transmit, publish, share, submit, or post User Content that:

Harasses, bullies, or threatens users, individuals, or other groups;
Discriminates against or promotes hatred and/or violence against users, individuals, or other groups, including based on ethnicity, race, gender, sex, religion, disability, or other identity characteristics or vulnerabilities;
Is blasphemous or defamatory;
Is offensive, obscene, sexually explicit, or pornographic;
Violates prohibited user behavior as outlined in the User Obligations section;
Infringes intellectual property rights in any way or violates the Intellectual Property Use and Ownership section;
Invades the privacy of users or other individuals in any way or violates the Personal Data and Confidential Information section;
Violates other provisions of these Terms or is in any way illegal or unlawful;

5.4 Rights to User Content

You represent and warrant that (i) you own or have the rights to transmit, publish, share, submit, or post User Content; and (ii) User Content does not violate these Terms and applicable laws or regulations in your jurisdiction.

5.5 Removal of User Content

You accept and agree that EVERPEAK GLOBAL may remove your User Content if it violates this section or any part of these Terms, without prejudice to EVERPEAK GLOBAL's policy to suspend or close your EVERPEAK GLOBAL Account.

6. User Obligations

In relation to your purchases, you affirm that: (i) you purchase Publisher Codes through the Services for your own exclusive and personal use; (ii) you are not entitled to reproduce, replicate, distribute, or exploit the content, goods, or services provided to you; and (iii) you always comply with all applicable laws, rules, and regulations in your purchase and use of Publisher Codes.

In using any of the Services, you must not perform any of the following actions, or use the Services to engage in the following actions:

6.2.1 Fraud and Illegal Acts

Using the Services in any way that violates applicable laws, regulations, or rules, or for unlawful purposes;
Using the Services to violate, intentionally or unintentionally, applicable local, state, national, or international laws, rules, codes, directives, guidelines, policies, or regulations, including but not limited to laws and requirements (whether legally binding or not) relating to anti-money laundering or counter-terrorism financing;
Using the Services to impersonate any individual or entity, or misrepresent your affiliation with any individual or entity;
Concealing your origin, residence, or identity, intentionally or unintentionally, to circumvent geographical restrictions or avoid provisions applicable in certain countries, to purchase products and/or services not available or not valid in your country of residence, or for other unlawful purposes;
Removing ownership notices from the Services;
Charging others for using the Services;
Using the Services for commercial purposes or third-party profit or in any way not permitted under the license granted in these Terms;
Using the Services for fraudulent purposes.

6.2.2 Abuse, Harassment, and Disruption of User Experience

Disrupting other users' use of the Services;
Interfering with, manipulating, or disrupting the Services or servers or networks connected to the Services or other users' use and enjoyment of the Services, or failing to comply with the requirements, procedures, policies, or regulations of networks connected to the Services;
Disrupting normal dialogue flow or acting in a manner that negatively affects other users' ability to engage in real-time exchanges;
Uploading, posting, emailing, transmitting, or otherwise providing material containing software viruses, worms, Trojan horses, or other computer codes, routines, files, or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy, or limit the functionality or integrity of computer software or hardware or telecommunications equipment to users or other individuals;
Uploading, posting, emailing, transmitting, or providing unsolicited or unauthorized advertisements, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation;
Uploading, posting, emailing, transmitting, or providing content through the Services that is unlawful, harmful, threatening, abusive, harassing, distressing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or discriminatory, or otherwise objectionable.

6.2.3 Damage to EVERPEAK GLOBAL's Business, Platform, or Services

Attempting to harm, disrupt, or engage in activities that diminish EVERPEAK GLOBAL's business and reputation and the capacity of the EVERPEAK GLOBAL Sites to serve other users, or hinder or interfere with EVERPEAK GLOBAL's provision of the Services in any way;
Attempting to decompile, reverse engineer, disassemble, or hack the Services (or any part of the Services), or circumvent or bypass encryption technology or security measures implemented by or for the benefit of EVERPEAK GLOBAL in connection with the Services and/or data transmitted, processed, or stored by EVERPEAK GLOBAL;
Attempting to gain unauthorized access to accounts, computers, or networks related to the EVERPEAK GLOBAL Sites and Services;
Taking actions or engaging in behavior that may directly or indirectly damage, disable, overburden, impair, or harm the Services or servers or networks connected to the Services.

7. Intellectual Property Use and Ownership

7.1 EVERPEAK GLOBAL owns or holds all necessary licenses to all intellectual property rights (including all existing and future copyrights, trademarks, and patent rights) in all information, text, materials, graphics, logos, icons, sound recordings, software, and source code on the EVERPEAK GLOBAL Sites, including platforms where EVERPEAK GLOBAL provides the Services to you ("Essential Matters").

7.2 Unless otherwise specified in these Terms, all third-party content on the EVERPEAK GLOBAL Sites is owned by or licensed to EVERPEAK GLOBAL in accordance with relevant laws.

7.3 Unless expressly permitted by these Terms, you have no rights, ownership, or interest in or to the Essential Matters. You must not, without our express written permission (or that of our suppliers or licensors, where applicable), in any form or by any means:

(a) Adapt, reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, circulate, or create derivative works from the Essential Matters (including but not limited to displaying and distributing the Essential Matters through third-party websites or networked computer environments); or

(b) Trade information, goods, or services from or in connection with the Essential Matters.

8. Personal Data and Confidential Information

8.1 Privacy Policy

EVERPEAK GLOBAL may access, collect, disclose, and/or process your personal data while providing the Services to you. You acknowledge, accept, and understand that such access, collection, disclosure, and/or processing must comply with EVERPEAK GLOBAL's Privacy Policy.

8.2 User Obligations Regarding Personal Data

In using the Services, you agree, in any way, not to:

(a) Take or collect information about or regarding other users or individuals, including but not limited to personal data or information;

(b) Use the Services to collect or store personal data about other users or individuals in connection with prohibited behaviors and activities outlined in the User Obligations section; and

8.3 Confidential Information

You must not upload, post, email, transmit, or provide content that you are not authorized to provide under law or under contractual or fiduciary relationships (such as insider information or proprietary and confidential information learned or disclosed as part of employment relationships or under confidentiality agreements) through the Services.

9. Indemnity and Liability

9.1 Indemnity

You agree to indemnify, release, and hold harmless EVERPEAK GLOBAL, its affiliates and subsidiaries, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers, from and against any and all claims, actions, legal proceedings, losses, liabilities, expenses, damages, and costs, including but not limited to attorney's fees, arising from or in connection with your use of the Services and/or your breach of these Terms.

9.2 Limitation of Liability

To the extent permitted by applicable law, EVERPEAK GLOBAL and its respective employees, directors, agents, and representatives shall not be liable for indirect, incidental, punitive, or consequential damages arising from or in connection with your use of the EVERPEAK GLOBAL Sites and/or Services (including inability to use the Services), or Publisher Codes purchased or transactions conducted through the Services.

To the extent permitted by applicable law, in no event shall the aggregate liability of EVERPEAK GLOBAL and its respective employees, directors, agents, and representatives arising from or in connection with these Terms or the transactions contemplated by these Terms, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of payment you have made through the Services in connection with the transaction giving rise to the liability claim.

In no event shall EVERPEAK GLOBAL be liable to you for any failure or delay by EVERPEAK GLOBAL or its employees, agents, or representatives in performing its obligations under these Terms, regardless of whether such failure or delay is caused by events or conditions beyond its control...

Notwithstanding any contrary laws, rules, or regulations, you agree that any claim arising from these Terms must be brought or filed in the relevant court in your jurisdiction within one (1) year after the claim first could have been filed...

10. No Warranty and Disclaimer

The Services are provided on an "as is" basis. We do not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful computer software.

To the extent permitted by applicable law, EVERPEAK GLOBAL makes no representations or warranties of any kind...

EVERPEAK GLOBAL has no control over the quality, fitness for purpose, safety, reliability, validity, or other aspects of any goods or services provided by Publishers...

EVERPEAK GLOBAL may, at its sole discretion and at any time, suspend or terminate your access to or disable your use of the Services...

You agree and understand that the availability of the Services depends on the availability of networks and systems of our service providers...

The Services and/or EVERPEAK GLOBAL Sites may from time to time be delayed, interrupted, or disrupted for indefinite periods...

11. General Provisions

11.1 Links to Third-Party Sites

Links to third-party sites provided through the Services may cause you to leave the EVERPEAK GLOBAL Sites. Please note that linked sites may not be owned or controlled by EVERPEAK GLOBAL in any way, and therefore you access such sites at your own risk. EVERPEAK GLOBAL is not responsible for the content, terms of use, or privacy practices of such linked sites, or links contained in such linked sites, including changes or updates to such sites. The inclusion of third-party links does not imply or express any affiliation, endorsement, or sponsorship by EVERPEAK GLOBAL of the linked sites and/or content therein.

11.2 Notices

We may provide legally required notices electronically (including, but not limited to, when you access the EVERPEAK GLOBAL website or platform, through forms or email, when EVERPEAK GLOBAL posts notices or updates to these Terms, or when EVERPEAK GLOBAL communicates with you via email or your mobile phone number). You agree to receive our communications in electronic form and acknowledge that all terms and conditions, notices, rules, disclosures, policies, and other communications from EVERPEAK GLOBAL will be provided to you electronically, shall satisfy legal requirements for written communications, and shall be deemed to have been delivered to you on the date of transmission.

11.3 No Waiver

Any failure or delay by EVERPEAK GLOBAL to exercise any right or provision under these Terms shall not be construed as a waiver or limitation of its right to enforce these Terms and ensure strict compliance with them at a later date.

11.4 No Endorsement

The mention of any products, services, and/or companies on the EVERPEAK GLOBAL website does not constitute or imply EVERPEAK GLOBAL’s endorsement, approval, or recommendation of such products, services, and/or companies.

11.5 Termination

If you violate any provision of these Terms, EVERPEAK GLOBAL may, at its sole discretion, terminate your access to any EVERPEAK GLOBAL website, service, and/or your EVERPEAK GLOBAL account. The indemnification and liability provisions shall survive such termination.

11.6 Security

EVERPEAK GLOBAL takes all reasonable measures to safeguard the security of the information you provide. Unfortunately, data transmission over the Internet cannot be guaranteed to be completely secure. Although EVERPEAK GLOBAL strives to protect all data transmitted over the Internet (including your information) and has implemented significant measures to mitigate security risks, we cannot guarantee or ensure the absolute security of the information you transmit to EVERPEAK GLOBAL. Therefore, any information you transmit to EVERPEAK GLOBAL is at your own risk.

11.7 Relationship

This provision is not intended to, nor shall it be construed as, creating any form of joint venture, employer-employee, creditor-debtor, fiduciary, partnership, or trust relationship between you and EVERPEAK GLOBAL.

11.8 Assignment

You may not assign any of your rights or obligations under these Terms, or any part of these Terms, to any other party without our prior written consent. Any attempt to make such an assignment without our prior written consent shall be deemed null and void. However, we reserve the right to assign these Terms and/or our obligations, in whole or in part, to an affiliate, subsidiary, or third party of EVERPEAK GLOBAL at any time, at our sole discretion, with or without notice to you.

11.9 Localized Terms

These Terms have been drafted in English. In the event of any conflict between a localized translation and the English version, the English version shall prevail. For localized terms applicable to specific jurisdictions, please refer to Section II (Additional Terms of Use).

11.10 Entire agreement

These Terms constitute the entire agreement between you and EVERPEAK GLOBAL regarding the subject matter hereof and supersede and cancel all prior or contemporaneous agreements, representations, statements, and understandings. No modification or amendment to these Terms shall be binding on EVERPEAK GLOBAL unless agreed to in writing by EVERPEAK GLOBAL and published in the same manner as these Terms.

11.11 Separability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

11.12 Governing law

Unless otherwise stated in Part II (Additional Terms of Use):

11.12.1. These terms shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of laws principles.

11.12.2. We (or the relevant EVERPEAK GLOBAL entity) shall use our best efforts to resolve any dispute arising out of or in connection with these Terms (including any issue regarding their existence, validity, or termination) amicably; if such negotiations are unsuccessful, the dispute shall be submitted to the Malaysia International Arbitration Centre (SIAC) and finally resolved in accordance with its then-current Rules of Arbitration, which are deemed to be incorporated by reference into this “Governing Law” clause. The place of arbitration shall be Malaysia, and the arbitral tribunal shall consist of a single arbitrator. All arbitration proceedings shall be conducted in English. The arbitrator’s award shall be final and binding.

12. User Declarations

12.1. Age

The Services are not directed to persons under the age of majority in your country (a “minor”). Subject to specific age restrictions imposed in your country, and unless otherwise set forth in these Terms, permission and consent from a parent or legal guardian to use the Services is required for minors. By proceeding with the use of the Services, such parent or legal guardian will be deemed to have agreed to these Terms on the minor’s behalf and will be responsible for the use of the Services, including the creation and use of the minor’s EVERPEAK GLOBAL Account, purchases or transactions made by the minor, and whether or not the minor was under supervision during such purchase. As such, purchases cannot be cancelled on the ground that they were made without the permission, consent, and/or supervision of the parent or guardian.

12.2. Use for lawful purposes

You will use the Services for lawful purposes only and in accordance with these Terms and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

12.3. Use of device

You warrant that you are using the Services or the EVERPEAK GLOBAL Sites on a machine or device over which you have ownership, or whose use by you has been authorised by the owner of such machine or device.

12.4. Use of payment instruments

You are solely liable for the use of your selected payment instruments in connection with our Services, and EVERPEAK GLOBAL shall have no liability to you or to any third party for any unauthorized use of your payment instruments in connection with the Services.

13. Contact Us

For any requests or questions in connection with these Terms, you may visit our Help Center.

EVERPEAK GLOBAL terms and conditions