Terms and Conditions

  1. GENERAL ACCETANCE

    This is the Terms and Conditions for the usage of the KOHAI GAMER and KOHAI PARTNER and/or its related applications and websites (“the Application”), operating under the care and control of IWG ESPORTS SDN BHD (202001005673 (1361993-D)) (“IWG E-Sports” which shall also include the term “us” or “we” or “our” in this Terms and Conditions). These Terms and Conditions apply to your access to and use of the Application and/or while browsing through the said Application for the goods, products and services that are currently listed on the said Application. Please read these Terms and Conditions carefully. By continuing to access, usage, and enjoyment of the said Application, you are deemed to have understood and agreed to all the terms and conditions contained herein. If you do not accept these Terms and Conditions, please discontinue using and/or browsing the said Application immediately.

    Other websites/applications may contain terms and conditions, which are different from these current Terms and Conditions. In addition, specific terms and conditions may apply to specific content, services or products contained in or available from such other websites, as such, you are strongly advised to read through and understand our terms and conditions stipulated herein.

    These Terms and Conditions shall be deemed to include our Personal Data Protection Policy and any additional policies (which shall include any and all other operating rules, directives, policies, requirements and / or guidelines in addition to this current Terms and Conditions, that may govern the use of the Application from time to time), as the case may be. We may assign or change any part or parts of our rights under these Terms and Conditions without your consent or prior notification to you. The Terms and Conditions and any additional policies (including but not limited to the Personal Data Protection Policy, the Intellectual Property Rights Policy and the Legal Disclaimer Policy) shall constitute a legally binding agreement, arrangement and transaction between us and you.

    IWG E-Sports reserves the right, in its sole discretion, to change, alter, modify, enhance, adjust or otherwise amend these Terms and Conditions and any other such policies incorporated by reference from time to time. Users or Partners are hereby put to notice that it is your sole responsibility to understand, peruse, make reference and/or review these Terms and Conditions for any changes, alterations, modifications, etc. Your use of the Application following any amendment, alteration, modification of these Terms and Conditions shall signify your assent to and irrevocable acceptance of any revised Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, please do not use or access the Application.

  2. INTERPRETATIONS

    1. “Account” means a registered account which you may be required to create if you wish to access and utilise the full facilities and features of the Application, whether as a User or Partner;
    2. “Application” shall means the KOHAI GAMER and KOHAI PARTNER and/or its related applications and websites as well as (i) the websites bearing the KOHAI GAMER and KOHAI PARTNER and/or its related applications and websites; and any other websites, related microsites and / or mobile or web applications owned and operated by IWG E-Sports which may or may not be of similar names; and (ii) any related or ancillary facilities or functions such as e-mails, SMS, newsletters, notifications or other communication or content.
    3. “Data” is defined in Clause 13.1;
    4. “Additional Service” means the facility provided by the Application including but not limited to (i) accepting User requests and disseminating them to Partners; (ii) facilitating Partners to render quotations to Users (if needed and/or necessary); (iii) facilitating Users and Partners to make contact; (iv) maintaining profiles for Users and Partners in the Application; (v) Loyalty Programs; (vi) maintaining the service in providing daily e-sports related news under KOHAI GAMER or KOHAI PARTNER or its related websites, as the case may be; (vii) maintaining the facility of advertisement services subscribed by any such third parties under KOHAI GAMER or KOHAI PARTNER, as the case may be; and any other ancillary or related services as may be determined by IWG E-Sports at its sole discretions from time to time. For the avoidance of doubt, all the foregoing mentions of the Additional Service is not conclusive and exhaustive and IWG-Esports shall not be held liable for any damages, liabilities or responsibilities whatsoever arising from the Additional Service;
    5. “Loyalty Programs” means that any and all loyalty points program/system and/or any complimentary virtual credits/ points systems that can be utilised within the Application by Users subjected always to the terms and conditions determined and/or stipulated by IWG E-Sports in its sole discretion in relation to each of such programs/systems, from time to time.
    6. “Marks” is defined in Clause 13.1;
    7. “Password” means the password which you may be required to create, provide and use in order to create and use an Account;
    8. “Partner” means the registered users registered under the KOHAI PARTNER application and/or or any party advertising themselves vide the Application for offering and/or rendering their Service via the Application, in order to receive price quotations, regardless of whether such User ultimately hires or does not hire a such person/ Partner via the Application;
    9. “Service” means the professional service offered and / or to be rendered by the Partner in the course of his or her business to a User. Such service(s) offered and/or rendered shall consist of a wide spectrum which involves in-games coaching services, power-levelling services on specific video games, in-games merchandize and items services on specific video games and many more;
    10. “User” means any individual or company that has (i) used or browsed the Application; and / or (ii) submitted a request for professional services offered by Partner and/or (iii) any party who is using the Application;
    11. “Submitted Content” is defined in Clause 7.1;
    12. “Terms and Conditions” refer to these Terms and Conditions, the Personal Data Protection Policy, the Legal Disclaimer Policy, the Intellectual Property Rights Policy and any other additional policies as may be modified from time to time at the sole discretion of IWG E-Sports; and
    13. “user”, "you" and "your", as applicable, means a person who accesses, uses, and/or participates in the Application in any manner, whether as a User or Partner.

  3. OBJECTIVE OF THE APPLICATION

    You hereby irrevocably acknowledge and understand that the Application's primarily functions, amongst others, serves as an online platform for Users to connect with Partner for the purposes of transacting to respectively receive and provide Service. IWG E-Sports and the Application is not itself a Partner or a User.

  4. REPRESENTATION, WARRANTIES AND UNDERTAKING BY USERS

    By using or participating in the Application, you represent, warrant and undertake that: -

    1. you are at least a majority age of eighteen (18) years of age. In the event you are under the age of eighteen (18), you shall use, operate or maintain the Account under this Application under the guidance, care, control and supervision of your guardian(s)/parent(s)/any person having authority over you, as the case may be. For the avoidance of doubt, your act of continuing usage and enjoyment of this Application shall warrant that your guardian(s)/parent(s)/any person having authority over you, as the case may be, shall have agreed, consented and bound by these Terms and Conditions herein stated;
    2. you are or intend to be either a Partner or User;
    3. you have the authority to enter into and accept these Terms and Conditions herein stipulate;
    4. all registration or other information that you are required to submit in order to gain full use of this Application for your intended purpose as a Partner or User is true and accurate and that you will maintain the accuracy of such information;
    5. your use of the Application and Service and Additional Service (as the case may be) offered through the Application do not violate any applicable law or regulation which you are subject to;
    6. you are able to comply and shall in any and all circumstances, for any reason(s) whatsoever, complied and adhered to the Terms and Conditions set forth and determined by IWG E-Sports in relation to the Application (including but not limited to and of its Loyalty Programs, promotional activities, programs and/or events);
    7. you agree to make and/or settle any payment, if required, for any of the use of the Application (if any);
    8. you agree to indemnify and hold IWG E-Sports and its owners, representatives, directors, members, managers, operators, directors, officers, agents, attorneys, solicitors, agents, affiliates, employees, workers, licensors and/or any other such person(s) in relation thereof, harmless to the fullest extent allowed by law regarding all matters related to your use of the Application; and
    9. you shall at all material times adhere to the directives, orders, instructions, terms and conditions stipulated by IWG E-Sports in relation to the usage of the Application and all matters arising and in relation thereof.

  5. USAGE

    IWG E-Sports hereby grants you as an user of the Application a non-exclusive, revocable license to use the Application as set forth in these Terms and Conditions, provided however that:

    1. you shall not copy, create, distribute, or make derivative works of the Application and the said Intellectual Property Rights (as defined in the Intellectual Property Rights Policy) in any medium without IWG E-Sports' prior written consent;
    2. you shall not alter or modify any part of the Application other than as may be reasonably necessary to use the Application for its intended usages/purposes;
    3. you shall at all material times act, perform and do such acts in accordance with these Terms and Conditions and/or with all applicable legislations, laws, by-laws, regulations, orders, or any other such directives from any applicable authorities, from time to time; and
    4. You shall at all material times adhere to the directives, orders, instructions, terms and conditions stipulated by IWG E-Sports in relation to the usage of the Application and all matters arising and in relation thereof.

  6. USER ACCOUNTS

    1. In order to access and utilise the full facilities and features of the Kohai Gamer application and the relevant Application, you may be required to create an User Account. To create an User Account, you must provide, supply and/or submit your name, details, email address, housing address, a clear and identifiable virtual copy of your identification card or passport (in the event you are a foreigner) or any documents capable in proving your identity, a picture or photo of yourself with your identification card or passport (in the event you are a foreigner) or any document capable in proving your identity, the in-game screen shot of your game profile (whichever game that you are registering or intended to registered under), and / or any such details, documents and information (including create a Password) as may be required by the Application or IWG E-Sports. You may also provide additional optional information at your discretion, which is not required to create an Account in which will help the Application or IWG-Esports to provide you with a more customised experience when using the Application;
    2. You may at your own cost and expense make purchase of any services, items, products and virtual coins and services in the Application SUBJECT ALWAYS to the verification, authentication and approval by IWG E-Sports. You shall indemnify IWG E-Sports and hold IWG E-Sports and its owners, representatives, directors, members, managers, operators, directors, officers, agents, attorneys, solicitors, agents, affiliates, employees, workers, licensors and/or any other such person(s) in relation thereof, harmless to the fullest extent allowed by law regarding all matters related to your use of the Application;
    3. You are hereby advised and urged to, at your own cost and expense, submit and/or make applications to the Application or IWG E-Sports (SUBJECT ALWAYS to the verification, authentication, and approval by IWG E-Sports) for the enrolment or entitlement for any Loyalty Programs from time to time. It is hereby agreed and acknowledged by you that as User or Partner, you will not in any way automatically be entitled or enrolled into any Loyalty Programs SAVE AND EXCEPT you have at your own cost and expense (if any) made and/or submitted such applications to the Application and/or IWG E-Sports upon the successful completion of each and every of your purchase of goods, services, products offered by the Application or IWG E-Sports under the Application. Should you failed, refused and/or ignored for any reason(s) whatsoever to submit and/or make such applications in accordance with the above, you shall be deemed to have voluntarily and/or automatically waived, forfeited and/or relinquished the same. For the avoidance of doubt, the outcome of the verification/ authentication of your application by IWG E-Sports or the Application shall be final and binding to parties and shall not be subjected to any appeal.
    4. Any and all of the purchased virtual credits and/or virtual points credited to your account registered under the Application shall not in any circumstances whatsoever allowed and/or subjected to any form of refund, reimbursement and/or any form of compensation in the event that IWG E-Sports shall at its sole discretion decides to terminate and/or cease the operation(s), continuity and availability of the Application for any reason(s) whatsoever at any material time and you are hereby irrevocably consent to such arrangement;
    5. You shall not in any way whatsoever be entitled to seek for a refund, reimbursement and/or repayment or any form for any sum of virtual credits/ points purchased by you via the Application;
    6. You shall not in any way whatsoever be entitled to seek for a refund reimbursement and/or repayment or any form for any sum of virtual credits/ points purchased but remained unused, unutilized and/or being excess by you via the Application save and except with the written approval or agreement from IWG E-Sports;
    7. You may allow to place the cancelation order of service for refund if you did not able to start the session.
    8. IWG E-Sports reserves the right, in its sole discretion, to change, alter, modify, enhance, adjust or otherwise amend for Loyalty Programs available under the Application from time to time without further notice to you and you are hereby irrevocably consent to such arrangement;
    9. It is also hereby expressly and irrevocably agreed by you that any and all virtual credits and/or virtual points obtained from the Application for the Loyalty Programs are subjected to a twelve (12) months' time period (from the date of the same being credited into your account) for the utilisation and usage of the each and every said virtual credits and/or virtual points under the said Application SUBJECTED ALWAYS to any of the further terms and conditions therein contained, as may be determined by IWG E-Sports from time to time. Should you failed, refused and/or ignored to comply to this term for any reasons whatsoever, you are aware that such virtual credits and/or virtual points shall no longer be in effect and shall be voluntarily and/or automatically waived, forfeited and/or relinquished by you;
    10. You are solely responsible for safeguarding your Password and you are solely liable to always keep your Password secure at all material times. You shall be solely responsible for all activity that occurs on your Account and you shall notify IWG E-Sports immediately of any breach of security or any unauthorised use of your Account (whether voluntarily or involuntarily). Similarly, you shall never use another person's Account without permission and/or consent. You agree that you will not misrepresent yourself or represent yourself as another user of the Application through the Application. You hereby acknowledge and agree that IWG E-Sports will not be liable for your losses caused by an unauthorised use of your Account. Notwithstanding, you may be liable for the losses of IWG E-Sports or others due to such unauthorised use;
    11. In addition, and in connection with the use of your User Account, you hereby irrevocably acknowledge, undertake and consent that: -

      1. You shall be at least the age of twelve (12) and above. In the event you are under the age of eighteen (18), you shall use, operate or maintain the Account under this Application under the guidance, care, control and supervision of your guardian(s)/parent(s)/any person having authority over you, as the case may be. For the avoidance of doubt, your act of continuing usage and enjoyment of this Application shall warrant that your guardian(s)/parent(s)/any person having authority over you, as the case may be, shall have agreed, consented and bound by these Terms and Conditions herein stated;
      2. you shall not copy, create, distribute, or make derivative works of the Application and the said Intellectual Property Rights (as defined in the Intellectual Property Rights Policy) in any medium without IWG E-Sports' prior written consent;
      3. You will not alter, change or modify any part of the Application other than as may be reasonably necessary to use the Application for its intended purpose;
      4. You will provide accurate and complete information when creating your User Account;
      5. You will ensure that at all material times information given and/or provided to us when creating your User Account shall be maintained as true and accurate;
      6. You shall not use any automated system in any way whatsoever for any purposes whatsoever, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Application for any purpose without IWG E-Sports' prior written approval;
      7. You shall not in any manual or automated manner collect for any purposes whatsoever Users' and/or Partners' information, including but not limited to, names, addresses, phone numbers, details or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Application information or content, including but not limited to, use on a "mirrored", competitive, or third party site or any linked site;
      8. You shall not in any way that transmits more request messages to the IWG E-Sports' and the Application's servers, or any server of a IWG E-Sports' subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. IWG E-Sports and/or the Application strictly reserves the right to revoke these exceptions either generally or in specific cases at its sole discretion;
      9. You shall not recruit, solicit, connect or contact and/or attempt in any way whatsoever to recruit, solicit, connect or contact via any medium, any Users or Partners or any parties relating to or in connection with IWG E-Sports for any employment and/or contracting the aforesaid parties for any business without prior, written authorisation from IWG E-Sports;
      10. You shall not take any action that (i) unreasonably encumbers or, in IWG E-Sports' sole discretion, may unreasonably encumber the Application's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Application or any third-party participation of any Additional Service in the Application; or (iii) bypasses IWG E-Sports' measures that are used to prevent or restrict access to the Application;
      11. You agree not to collect, reserve, retain or harvest any personally identifiable data, including but not limiting to the names or other User Account information, from the Application, nor to use the communication systems provided by the Application for any commercial solicitation purposes other than those recognised and consented by IWG E-Sports;
      12. You are hereby advised and urged to follow closely to each of the terms and conditions stipulated for each and every Loyalty Programs, promotional events, programs and activities as it may vary from one to another, from time to time; and
      13. You agree that IWG E-Sports shall have the sole discretion in determine, alter, change and/or amend any or all further terms and conditions to your usage and/or utilisation of the Application (including but not limited to the Loyalty Programs, promotional activities, programs and/or events) and you are hereby irrevocably undertake to comply to such further terms and conditions as may be imposed on yourself and further you are agreeable to fully indemnify IWG E-Sports and its owners, representatives, directors, members, managers, operators, directors, officers, agents, attorneys, solicitors, agents, affiliates, employees, workers, licensors and/or any other such person(s) in relation thereof, harmless to the fullest extent allowed by law regarding all matters related to any issues arising from your use of the Application

  7. PARTNERS' ACCOUNT

    1. In order to access and utilise the full facilities and features of the Kohai Partner application or the applicable Application, you may be required to create an User Account. To create a Partner Account, you must provide, supply and/or submit your name, details, email address, housing address, a clear and identifiable virtual copy of your identification card or passport (in the event you are a foreigner) or any documents capable in proving your identity, a picture or photo of yourself with your identification card or passport (in the event you are a foreigner) or any document capable in proving your identity, the in-game screen shot of your game profile (whichever game that you are registering or intended to registered under), and / or any such details, documents and information (including create a Password) as may be required by the Application or IWG E-Sports. You may also provide additional optional information at your discretion, which is not required to create an Account in which will help the Application or IWG-Esports to provide you with a more customised experience when using the Kohai Partner application or the applicable Application;
    2. You may at your own cost and expense do the necessary acts permitted by IWG E-Sports under the Kohai Partner application or the applicable Application. You shall indemnify IWG E-Sports and hold IWG E-Sports and its owners, representatives, directors, members, managers, operators, directors, officers, agents, attorneys, solicitors, agents, affiliates, employees, workers, licensors and/or any other such person(s) in relation thereof, harmless to the fullest extent allowed by law regarding all matters related to your use of the the Kohai Partner application or the applicable Application;
    3. IWG E-Sports reserves the right, in its sole discretion, to change, alter, modify, enhance, adjust or otherwise amend for Loyalty Programs available under the Kohai Partner application or the applicable Application from time to time without further notice to you and you are hereby irrevocably consent to such arrangement;
    4. It is also hereby expressly and irrevocably agreed by you that any and all virtual credits and/or virtual points obtained from the Application for the Loyalty Programs are subjected to a twelve (12) months' time period (from the date of the same being credited into your account) for the utilisation and usage of the each and every said virtual credits and/or virtual points under the said Application SUBJECTED ALWAYS to any of the further terms and conditions therein contained, as may be determined by IWG E-Sports from time to time. Should you failed, refused and/or ignored to comply to this term for any reasons whatsoever, you are aware that such virtual credits and/or virtual points shall no longer be in effect and shall be voluntarily and/or automatically waived, forfeited and/or relinquished by you;
    5. You are solely responsible for safeguarding your Password and you are solely liable to always keep your Password secure at all material times. You shall be solely responsible for all activity that occurs on your Account and you shall notify IWG E-Sports immediately of any breach of security or any unauthorised use of your Account (whether voluntarily or involuntarily). Similarly, you shall never use another person's Account without permission and/or consent. You agree that you will not misrepresent yourself or represent yourself as another user of the Application through the Application. You hereby acknowledge and agree that IWG E-Sports will not be liable for your losses caused by an unauthorised use of your Account. Notwithstanding, you may be liable for the losses of IWG E-Sports or others due to such unauthorised use;
    6. In addition, and in connection with the use of your Account as a Partner, you hereby irrevocably acknowledge, undertake and consent that: -

      1. you must be of the age of at least sixteen (16) and above. In the event you are below the age of eighteen (18), you shall use, operate or maintain the Account under this Application under the guidance, care, control and supervision of your guardian(s)/parent(s)/any person having authority over you, as the case may be. For the avoidance of doubt, your act of continuing usage and enjoyment of this Application shall warrant that your guardian(s)/parent(s)/any person having authority over you, as the case may be, shall have agreed, consented and bound by these Terms and Conditions herein stated;
      2. you shall not copy, create, distribute, or make derivative works of the Application and the said Intellectual Property Rights (as defined in the Intellectual Property Rights Policy) in any medium without IWG E-Sports' prior written consent;
      3. You will not alter, change or modify any part of the Application other than as may be reasonably necessary to use the Application for its intended purpose;
      4. You will provide accurate and complete information when creating your User Account;
      5. You will ensure that at all material times information given and/or provided to us when creating your User Account shall be maintained as true and accurate;
      6. You shall not use any automated system in any way whatsoever for any purposes whatsoever, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Application for any purpose without IWG E-Sports' prior written approval;
      7. You shall not in any manual or automated manner collect for any purposes whatsoever Users' and/or Partners' information, including but not limited to, names, addresses, phone numbers, details or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Application information or content, including but not limited to, use on a "mirrored", competitive, or third party site or any linked site;
      8. You shall not in any way that transmits more request messages to the IWG E-Sports' and the Application's servers, or any server of a IWG E-Sports' subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. IWG E-Sports and/or the Application strictly reserves the right to revoke these exceptions either generally or in specific cases at its sole discretion;
      9. You shall not recruit, solicit, connect or contact and/or attempt in any way whatsoever to recruit, solicit, connect or contact via any medium, any Users or Partners or any parties relating to or in connection with IWG E-Sports for any employment and/or contracting the aforesaid parties for any business without prior, written authorisation from IWG E-Sports;
      10. You shall not take any action that (i) unreasonably encumbers or, in IWG E-Sports' sole discretion, may unreasonably encumber the Application's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Application or any third-party participation of any Additional Service in the Application; or (iii) bypasses IWG E-Sports' measures that are used to prevent or restrict access to the Application;
      11. You agree not to collect, reserve, retain or harvest any personally identifiable data, including but not limiting to the names or other User Account information, from the Application, nor to use the communication systems provided by the Application for any commercial solicitation purposes other than those recognised and consented by IWG E-Sports;
      12. You are hereby advised and urged to follow closely to each of the terms and conditions stipulated for each and every Loyalty Programs, promotional events, programs and activities as it may vary from one to another, from time to time;
      13. You agree that IWG E-Sports shall have the sole discretion in determine, alter, change and/or amend any or all further terms and conditions to your usage and/or utilisation of the Application (including but not limited to the Loyalty Programs, promotional activities, programs and/or events) and you are hereby irrevocably undertake to comply to such further terms and conditions as may be imposed on yourself and further you are agreeable to fully indemnify IWG E-Sports and its owners, representatives, directors, members, managers, operators, directors, officers, agents, attorneys, solicitors, agents, affiliates, employees, workers, licensors and/or any other such person(s) in relation thereof, harmless to the fullest extent allowed by law regarding all matters related to any issues arising from your use of the Application;
      14. In the event you shall fail, refuse and/or ignore all the terms and conditions herein stated and/or fail, refuse and/or ignore to comply to any and all such terms, conditions, directives, orders, instructions, policies, guidelines, rules, sub-rules, modules and/or mandates determine solely by the discretion by IWG E-Sports or the Application from time to time, you shall not in any way whatsoever be entitled to claim, seek, demand, request and/or apply for any reimbursement, repayment or remuneration or compensation of any sum of monies currently available (or any part thereof) or any pending sum of monies (or any part thereof) under your Account or the Application, as the case may be;
      15. register or list on the Application in a category of Service which they are not offering or that is irrelevant to or inappropriate for the Service the Partner is offering;
      16. induce to believe, make reference, include or attempt to include any third-party brand names or other inappropriate keywords in the Partner's Profile, title or any posting, messages or submission made in or through the Application;
      17. misrepresent (whether by intention or otherwise) the location(s) at which the Partner will provide a Service;
      18. add, insert, append, comprise or include any information in the Partner's Profile that is fraudulent or otherwise incorrect;
      19. carry, use and utilise (whether in whole or part of) any misleading titles, words or phrases that do not accurately describe the Service they provide;
      20. regulate, organise and/or conduct fraud, misrepresentation or misconduct (whether by intention or otherwise) on any promotions, loyalty programs, events, programs or partnerships which IWG E-Sports may conduct via the Application;
      21. do anything (whether by intention or otherwise) to circumvent or avoid any fees that IWG E-Sports may charge;
      22. solicit Users or any person to pay or do anything not specifically permitted by these Terms and Conditions or any of its related policies created by IWG E-Sports as it may in its sole discretion determine from time to time;
      23. commence any actions, claims, demands, suits, proceedings, tribunal actions and any such matters arising from the disputes as a result of any usage of your business' trademark, business mark, business name, trade name, logo, design, artwork, framework, emblem, symbol, sign, figure, stamp, seal, layout, pattern, style and any form of mark relating to the foregoing in relation to your business throughout any marketing, promoting, advertising, retailing of the Application carried out by IWG E-Sports;
      24. offer, provide, attempt or solicit any Service or do anything that contravenes these Terms and Conditions, the Personal Data Protection Policy, the Intellectual Property Rights Policy, the Legal Disclaimer Policy and/or any legislation, laws, by-laws, regulations, sub-regulations, directives, orders by any competent authorities; and
      25. use their Profile or the Application for promoting (i) products or goods; (ii) Service which are not offered by the Partner through the Application; (iii) Service which are not a recognised category on the Application; (iv) any website, service, product, party or any matter, service(s) or item(s) not directly related to their Service or otherwise prohibited by IWG E-Sports in its sole discretion from time to time; or (iv) any services that may be prohibited under law.

  8. CONTENTS FROM USERS – GENERAL ONLIGATIONS, REPRESENTATIONS AND WARRANTIES

    1. You hereby undertake and covenant that you shall not upload, post, transmit, transfer, assign, disseminate, dismantle, discharge, distribute, dispense, disperse, spread, allocate, issue and/or facilitate distribution of any manner of content including but not limited to all kind of text, images, video, sound, data, information, software and/or any matter incidental to any part of the Application including but not limited to (i) your profile; (ii) the posting of your Service (in the case of a Partner under the Kohai Partner application or the applicable Application); (iii) the posting of your desired Service (in case of a User under the Kohai Gamer application or the applicable Application; or (iv) the posting of any opinions or reviews in connection with the Application, the Service, the Partner, or the User (herein after shall be collectively referred to as "Submitted Content") and further represent that you shall not do the followings:-

      1. misrepresents the source of anything that you post, including but not limiting to the impersonation of another individual or entity of any false or inaccurate biographical information for any Partner or User, provides or create links to external sites that violate these Terms and Conditions, is intended (or otherwise) to harm or exploit any individual in any way or is designed to solicit, or collect personally identifiable information of any person without his or her express consent;
      2. invades anyone's privacy by attempting to harvest, gain, retain, collect or otherwise utilize or publish any of their information without their knowledge and willing consent;
      3. contains falsehoods or misrepresentations that could damage IWG E-Sports (including to IWG E-Sports' group of companies, affiliates, associations and subsidiaries) or any third party;
      4. is in the nature of illegal, pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally, or ethnically offensive; incites, advocates, and/ or expresses or attempts to incites, advocates and/or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence, encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law, promotes racism, hatred or physical harm of any kind against any group or individual, contains nudity, violence or inappropriate subject matter, or is otherwise inappropriate;
      5. is in whole or part copyrighted, protected trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant IWG E-Sports all of the license rights granted therein;
      6. is intended to threaten, stalk, smear, traduce, defame, defraud, degrade, victimise, or intimidate an individual or group of individuals for any reason or to incite or encourage anyone else to do so;
      7. intends to harm, injure, impair, disable or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers through any means;
      8. advertises or solicits a business not related to or appropriate for the Application (as determined by IWG E-Sports in its sole discretion, from time to time);
      9. contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
      10. contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
      11. distributes or contains viruses or any other technologies that may harm IWG E-Sports and/or the Application, or the interests or property of the Application's Users and Partners;
      12. contains links to commercial services or websites or applications, except as allowed pursuant to these Terms and Conditions;
      13. is non-local or irrelevant contents;
      14. contains identical content to other open Postings you have already posted or uses any form of automated device or computer programme that enables the submission of Postings without the express written consent of IWG E-Sports; and
      15. do or attempt to do or entice any such parties (whether voluntarily or involuntarily) to do any and all such acts, matters, works that is in violation of these Terms and Conditions and the rules, guidelines, notices and directives by IWG E-Sports relating to the Application from time to time.
    2. You hereby agreed, consented and undertake not to send messages to any other users or such users, as the case may be, whom you have made contact with via or through the Application containing: -

      1. making and/or creating offers to conduct national or international money transfers for amounts exceeding the asking price of a service, with the intent to request a refund sum of any portion of the payment;
      2. unsolicited advertising or marketing of a service that is (i) not offered on the Application; or (ii) is offered on an external website; or
      3. Offering or providing any unlawful services and products.
    3. During your usage of the Application, you hereby agreed to not: -

      1. State, post, circulate or create any such contents or items in any inappropriate category or areas on the Application;
      2. violate any legislatives, laws, by-laws, rights, directives, orders, third-party rights, account policies, or any provision of these Terms and Conditions, such as the prohibitions described above;
      3. cause failure, refusal and/or ignorance in any payment and/or ways of payment for any such Service or any such services, products, items offered by IWG E-Sports on the Application which are purchased by you, unless the Partner has materially changed the description of the Service after you have finalised to negotiate an agreement with such Partner for such Service, a clear typographical error is made;
      4. fail, refuse and/or ignore to pay, settle and/or reimburse IWG E-Sports for any items, products and/or services purchased by you on the Application;
      5. circumvent or manipulate any fee structure or billing process that we may have or implement;
      6. post, create, make, fabricate any such distorted, false, fictitious, improper, inaccurate, untrue, misleading, defamatory, or libelous content (including personal information about any Application user);
      7. leave any distorted, false, fictitious, improper, inaccurate, untrue, misleading, defamatory, libelous or inappropriate feedback about a Partner and you shall at all times use careful and good judgment in leaving any feedback.
    4. You are solely and absolutely responsible for your own Submitted Content and you are solely and absolutely responsible for any such consequences of posting or publishing it. You irrevocably hereby covenant, represent, and/or warrant that:

      1. you own or have the necessary licenses, rights, authorisations, sanctions, agreements, consents, and permissions to use and authorize IWG E-Sports to use any and all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content;
      2. you have the written consent, authorisation, grant, approval, acceptance, sanction, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person; and
      3. you irrevocably agree and undertake to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Application.
    5. You hereby grant, and you represent and warrant that you have the necessary licenses, rights, authorisations, sanctions, agreements, consents, and permissions to grant to IWG E-Sports a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Application and IWG E-Sports' (and its permitted assigns' and successor's) business operations, including but not limited for the promotion, marketing, advertising and redistribution of any part or all of the Application (and any derivative works in any media formats and through any social and media platform).
    6. You also hereby grant each user of the Application a non-exclusive license to access your Submitted Content through the Application, and to read and use, such Submitted Content as permitted through the functionality of the Application subject always under these Terms and Conditions.

  9. DISCLAIMERS AND RIGHTS TO REMOVAL OF DATA

    1. IWG E-Sports does not in any way or manner whatsoever endorse, approve and support any Submitted Content or any opinion, recommendation, or advice provided by any Users or Partners and IWG E-Sports hereby irrevocably disclaims all and any of such liability(ies) arising from and in relation to all Submitted Content.
    2. IWG E-Sports does not permit, endorse, approve, support, sanction, authorise any manner of copyright infringing activities and infringement of intellectual property rights activities appearing on the Application, and IWG E-Sports hereby expressly state that it will remove any and all such Data or Submitted Content in its absolute discretion as it deems fit and proper from time to time, upon being notified and/or having reasonable reason(s) to believe that an infringement has occurred, without prior notice to a user who has or is suspected to have conducted such infringement. IWG E-Sports may take any action(s) or step(s) it deems fit and proper and in its sole discretion against such infringer.
    3. IWG E-Sports shall reserves the right in its sole and absolute discretion to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for any and all violations.
    4. You acknowledge and understand that when using the Application, you will be exposed to Submitted Content:

      1. from a variety of sources and that IWG E-Sports shall not be held responsible for the accuracy, usefulness, safety, or intellectual property rights arising from or relating to such Submitted Content; and
      2. that is or may be inaccurate, offensive, indecent, or objectionable, and you hereby irrevocably agree to and hereby waive any legal or equitable rights or remedies you have or may have against IWG E-Sports, and agree to indemnify and hold IWG E-Sports and its owners, agents, representatives, directors, members, managers, operators, directors, officers, agents, attorneys, solicitors, panels, affiliates, employees, workers, licensors and/or any other such person(s) in relation thereof, harmless to the fullest extent allowed by law regarding all matters related to your use of the Application.
    5. You shall be solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content, that you publish or display on or through the Application, or transmit to other Application User(s) or Partner(s). You irrevocably understand, undertake and hereby agree that IWG E-Sports may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates these Terms and Conditions and all the policies relating thereof or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Application User(s) and Partner(s) or others.

  10. USER – KOHAI GAMER

    1. User(s) hereby undertake, covenant and represent that it shall not in any way whatsoever at any material time: -

      1. Enter in agreement to purchase, enjoy, employ, utilise or using any of the Service with no intention of any remuneration paid over for such Service;
      2. sign up, request, solicit or negotiate a price for, use, or otherwise solicit a Service (i) with no genuine intention as at the time of such conduct of following through with your use of or payment for the Service; (ii) for the purposes of using pricing, quotations or other information received in doing so for commercial or competitive purposes, business or market intelligence purposes, general surveying or fishing expeditions; or (iii) any other non-personal use;
      3. to agree to purchase a Service when (i) you deliberately know and/or have reasonable reason(s) to believe or have been put on notice that you do not meet the Partner's terms; or (ii) with the intention of causing disruption, committing fraud or other tortious or illegal purpose;
    2. As a User, you are always encouraged to exercise due care, reasonable and independent judgement based solely on your own discretion and absolute care in your judgment to hire and/or engagement any Partner under the Application.
    3. As a User, you hereby irrevocably agree and consent to indemnify and hold IWG E-Sports and its owners, representatives, directors, members, managers, operators, directors, officers, agents, attorneys, solicitors, agents, affiliates, employees, workers, licensors and/or any other such person(s) in relation thereof, harmless to the fullest extent allowed by law regarding all matters related to your use of the Application.
    4. As a User, you hereby irrevocably agree and undertake not to commence any actions, claims, proceedings, demands, suits, actions and/or any matters against IWG E-Sports and its owners, representatives, directors, members, managers, operators, directors, officers, agents, attorneys, solicitors, agents, affiliates, employees, workers, licensors and/or any other such person(s) in relation thereof in relation to any such liabilities, damages, expenses, costs, levies, payments, dues, actions and matters arising from your usage of the Application.

  11. NON-ABSOLUTE CONFIDENTIALITY

    Without prejudice to the Personal Data Protection Policy, you hereby consent, acknowledge and agree that IWG E-Sports does not guarantee and undertake in any way whatsoever against any confidentiality duties and obligations with respect to any Submitted Content or data or information by User(s) or Partner(s), including without limitation, your profile or information conveyed, posted or shared by you, that is hosted and / or published on the Application.

  12. TERMINATION

    1. IWG E-Sports reserves the absolute right at any time as it deems fit and proper and from time to time to modify, alter, enhance, change, termination or discontinue, temporarily or permanently, the Application or any part thereof with or without notice. You agree that IWG E-Sports shall not be held liable in any way whatsoever to you or to any third party for any modification, suspension or discontinuance of IWG Esports' Additional Service or the Application.
    2. You hereby undertake, acknowledge and agree that IWG E-Sports in its sole and absolute discretion has the right but not the obligation to delete, terminate, remove and/or deactivate your Account, block your email or IP address, cancel the Application or otherwise terminate your access to or participation in the use of the Application or any part thereof, or remove and discard any Submitted Content on the Application immediately and without notice and for any reason whatsoever which is may but is not obliged to disclose.
    3. Upon termination of your Account, your right to participate in the Application in any way shall automatically terminate and lapse unless otherwise determined solely by IWG E-Sports.
    4. Upon termination the following shall occur: -

      1. all licenses granted to you will immediately terminate and lapse and you are prohibited to use any of such license in any way whatsoever;
      2. your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. However, such residual data may remain in the IWG Esports' system;
      3. all related licenses you have granted IWG E-Sports hereunder shall remain in effect for the foregoing purpose. In no event is IWG E-Sports obligated or obliged to return any Submitted Content to you. All terms and conditions and rights in favour of IWG E-Sports shall survive such termination and remain in the full benefit of IWG E-Sports;
      4. IWG E-Sports shall not be liable to you or any third party for any termination of your access to the Application. IWG E-Sports retains the right to use any data collected from your use of the Application;
      5. IWG E-Sports shall not be obliged and obligated to refund, reimburse and/or repay to you for any sum of virtual credits/ points purchased by you via the Application and you shall not in any way whatsoever be entitled to seek for a refund reimbursement and/or repayment or any form for any sum of virtual credits/ points purchased but remained unused, unutilized and/or being excess by you via the Application; and
      6. Your indemnity obligations made in favour of IWG E-Sports stipulated hereunder shall continue to be in force until such period of time as may be determined solely by IWG E-Sports.
    5. You agree to indemnify and hold IWG E-Sports and its directors, managers, agents, officers, members, employees, attorneys, solicitors, panels, agents, representatives, permitted-assigns, successors in rights and equity and any other such person(s) and/or companies in relation to IWG E-Sports harmless from any claim or demand or liabilities, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the termination.

  13. INTELLECTUAL PROPERTY RIGHTS

    1. It is hereby agreed between parties hereof that the content on the Application (exclusive of all Submitted Content), including without limitation, the text, designs, audio clips, visual clips, recordings, software, scripts, graphics, photos, pictures, sounds, music, songs, videos, interactive features and the like ("Data") and the trademarks, trade name, designs, service marks and logos contained therein ("Marks"), are owned by IWG E-Sports or a related companies and/or subsidiaries of IWG E-Sports (“Group”), subject to copyright and other intellectual property rights under applicable laws and international conventions. Such Data and / or Marks are or may become protected by copyright, trademark, patent, trade secret and other laws, and IWG E-Sports or the Group absolutely owns and retains all rights in such Data and Marks. All other trademarks, names and logos on this Application are the property of IWG E-Sports unless proven otherwise in a court with competent jurisdiction.
    2. Data on the Application is provided to you for your information and personal use only and may not be used, copied, transferred, assigned, reproduced, distributed, marketed, listed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
    3. IWG E-Sports or the Group reserves all rights not expressly granted in and to the Application and the Data. You hereby irrevocably agree and undertake not to use, copy, market, transfer, assign, operate, apply, exploit or distribute, any of the Data or Mark including any use, copying, or distribution of Submitted Content obtained through the Application for any purposes whatsoever. If you download or print a copy of the Data or Mark for personal use, you must destroy and shall not retain in any manner of all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Application or features that prevent or restrict use or copying of any Data or Mark or enforce limitations on use of the Application or the Data or Mark therein.

  14. DISPUTES

    1. You hereby undertake and acknowledge that all and any interactions with other users, whether individuals, companies and/or organizations and whether Partner or User, found on or through the Application, including payment of and performance of any Service, and any other terms, conditions, undertakings, covenants, warranties or representations associated with such transactions, matters, affairs or dealings, are solely between you and such third party or User or Partner. You should take reasonable precautions and conduct any necessary investigation or inquiries you deem necessary or appropriate before proceeding to hire, pay or transact with such third party or user for any purpose whatsoever. You hereby agreed, consented and understood that IWG E-Sports shall not in any way whatsoever be held liable or in any way whatsoever be held obliged against all such disputes, claims, demands, actions and proceedings arising thereof.
    2. You understand and acknowledge that deciding whether to: -

      1. use the Service of a Partner and/or or any party advertising themselves vide the Application for offering and/or rendering any services and/or products;
      2. provide Service to a User; or
      3. use information contained in any Submitted Content,

      it is at all material times your personal decision with risks associated thereof, for which you alone are solely be held responsible against any liabilities arising thereof. You hereby irrevocably acknowledge and understand that IWG E-Sports does not and cannot make representations and warranties as to the suitability of any User or Partner you may decide to interact with on or through the Application and/or the accuracy or suitability of any advice, information, or recommendations made by any User or Partner.

    3. Should there arise any dispute(s) between you and a User, Partner and/or any other third party or user in relation to the Application, such dispute shall be resolved solely between you and such User, Partner and/or any such third party or user, as the case may be, and in no event and situation that IWG E-Sports shall have or hold any responsibility, liability or obligation in relation thereof.
    4. It is hereby agreed and consent between parties hereof that notwithstanding the foregoing, you irrevocably agreed and undertake that IWG E-Sports is not privy and shall not be held responsible and/or liable towards any losses, damages (may it be actual and/or consequential), liabilities, actions, claims, demands, suits, proceedings, tribunal actions and any such matters arising from the disputes as a result of any such transaction, dealing or affair. Should there be any dispute(s) between User(s) or Partner(s) or any parties on the Application, you hereby irrevocably acknowledge, agree and consent that IWG E-Sports is under no such obligation(s) and/or responsibilities as a party to such disputes, as the case may be. In the event that a dispute arises between you and one of or more users or any third party, you hereby irrevocably undertake, covenant and consent that to release IWG E-Sports and its directors, managers, officers, members, employees, attorneys, agents, solicitors, representatives, permitted-assigns, successors in rights and equity and any other such person(s) and/or companies in relation to IWG E-Sports from all and any losses, damages (may it be actual and/or consequential), liabilities, actions, claims, demands, suits, proceedings, tribunal actions and any such matters and any kind of nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Application or any other services provided thereunder.

  15. MARKETING EVENTS, ADVERTISEMENTS, COMMERCIAL ANNOUNCEMENTS, EXTERNAL LINKS AND NEWS FEED

    1. Certain aspects and functions of the Application and other IWG E-Sports Additional Service may be supported by advertising revenue. As such, IWG E-Sports may at its sole discretion display advertisements, marketing events, commercial announcements, displays and promotions on the Application. The manner, mode and extent of advertising undertake by IWG E-Sports on the Application are subject to change and the appearance of advertisements on the Application and does not necessarily imply endorsement by IWG E-Sports of any such advertised products or services or items. You hereby irrevocably consent, acknowledge and agree that IWG E-Sports is not privy shall not be held in any way whatsoever responsible and/or liable over and for any losses, damages (may it be actual and/or consequential), liabilities, actions, claims, demands, suits, proceedings, tribunal actions or of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Application.
    2. The Application may at its discretion provide and furnish or third parties may provide and furnish such links, contact forms and/or phone numbers to other websites, links, webpages or resources or applications, including but not limited to social networking, blogging and similar websites through which you are able to log into the Application using your existing account and log-in credentials for such third-party websites. You hereby irrevocably consent, acknowledge and agree that IWG E-Sports is not responsible and shall not held responsible for the availability of such external websites or resources or applications, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources or applications. Links to third-party websites, applications and resources should in no way be considered as or interpreted to be IWG E-Sports' endorsement of such third-party sites or any product or service offered through them. As such, you are strongly advised to study, read and understand the relevant policy(ies) posted on those other websites, applications and resources in order to understand the procedures to those websites, applications and resources.
    3. We do not monitor or have any control over, and make no claim or representation regarding third party websites, applications and resources. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website, applications and resources does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website, applications and resources.
    4. You further irrevocably consent, undertake, acknowledge and agree that IWG E-Sports shall not be responsible or liable, directly or indirectly, for losses, damages (may it be actual and/or consequential), liabilities, actions, claims, demands, suits, proceedings, tribunal actions or of any sort incurred by you caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource or applications. Once you leave our Application, these Terms and Conditions no longer govern you and you are advised to check the terms and conditions of those websites or applications or resources. You also irrevocably undertake, understand, consent and acknowledge that it is your obligation to comply with any terms and conditions of any third parties that you may come into contact with either directly or indirectly through the use of the Application, and you accept all responsibility thereof. Your dealings and communications through the Application with any party other than IWG E-Sports are solely between you and such third party and should there be any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party and not IWG E-Sports.

  16. GENERAL INDEMNITIES AND LIMITATION OF LIABILITIES

    1. You hereby irrevocably and expressly understand, consent, agree and acknowledge that any usage of the Application is at your sole risk and expense. IWG E-Sports and its directors, managers, officers, members, employees, attorneys, agents, representatives, permitted-assigns, successors in rights and equity and any other such person(s) and/or companies in relation to IWG E-Sports shall make no warranties, representations and/or covenants (whether express or implied) arising or resulting from or under and in relation with the Application and from your use or inability to use thereof including but not limited to: -

      1. The accuracy, completeness, merchantability, satisfactory quality, uninterrupted and/or error-free service(s) or operation(s), continuity and availability of service(s) or operation, compatibility and usability with third party or such other service(s), fitness for a particular purpose, quiet enjoyment and non-infringement of third party rights of the Application or any services (including the Additional Service) that IWG E-Sports provides;
      2. Any errors, mistakes, omissions or inaccuracies in any material, content, message, transmission or act, whether posted, emailed, transmitted, submitted, advertised, offered or otherwise made available in the Application (whether by IWG E-Sports or any other third party through the Application);
      3. Any unauthorised access to or use of the Application or IWG E-Sports' servers, data and/or information;
      4. Any cessation, termination, omission or disturbance of the transmission to or from the Application;
      5. Any computer viruses, worms, Trojan horses and/or other malwares or by trespass or burdening network capacity whether transmitted to or through the Application whether due to the actions of any third parties or otherwise;
      6. Any transaction or transmission between you and any third-party provider of products, goods and/or services of any kind in any medium whatsoever;
      7. Any harassment, abuse, stalking, threatening, defamatory, offensive, libel, smear, slander, offensive, infringing, violating or illegal submission, material, content, message, transmission, or act by any user of Applicant or otherwise.
    2. You hereby expressly consent, acknowledge and agree that to the fullest extent permitted by law, in no event shall IWG E-Sports and its directors, managers, officers, members, employees, attorneys, agents, representatives, permitted-assigns, successors in rights and equity and any other such person(s) and/or companies in relation to IWG E-Sports be held in any way whatsoever responsible and/or liable over and for any losses or injury (in any form whatsoever including but not limited to loss of profits, corruption or loss of Data, failure in transmission of Data or business interruption regardless of the liability in contracts, torts or otherwise), damages (may it be actual and/or consequential), liabilities, actions, claims, demands, suits, proceedings, tribunal actions or of any sort incurred by you as a result of and arising from or under and in connection with the Application and from your use or inability to use thereof, including without limitation to the followings:-

      1. The accuracy, completeness, merchantability, satisfactory quality, uninterrupted or error free service(s) or operation, continuity and availability of service(s) or operation, compatibility and usability with third party or such other services, quiet enjoyment and non-infringement of third party right of the Application;
      2. Any errors, mistakes, omissions or inaccuracies in any material, content, message, transmission or act, whether posted, emailed, transmitted, submitted, advertised, offered or otherwise made available in the Application (whether by IWG E-Sports or any other third party through the Application);
      3. Any unauthorised access to or use of the Application or IWG E-Sports' servers, data and/or information;
      4. Any cessation, termination, omission or disturbance of the transmission to or from the Application;
      5. Any computer viruses, worms, Trojan horses and/or other malwares or by trespass or burdening network capacity whether transmitted to or through the Application whether due to the actions of any third parties or otherwise;
      6. Any transaction or transmission between you and any third-party provider of products, goods and/or services of any kind in any medium whatsoever;
      7. Any harassment, abuse, stalking, threatening, defamatory, offensive, libel, smear, slander, offensive, infringing, violating or illegal submission, material, content, message, transmission, or act by any user of Applicant or otherwise.
    3. You hereby irrevocably agree, consent and undertake to indemnify and hold harmless to the fullest extent allowed by the law IWG E-Sports, IWG E-Sports' agents, its directors, managers, officers, members, employees, attorneys, agents, representatives, permitted-assigns, successors in rights and equity and any other such person(s) and/or companies in relation to IWG E-Sports against all and any claims, damages, obligations, losses, liabilities, costs, debts and/or expenses of any nature whatsoever arising from your usage of the Application, your breach and/or violation of any terms of these Terms and Conditions, your breach and/or violation of any third party rights of any nature whatsoever, including but not limited to any copyrights, trademarks, intellectual property rights, property and/or tortious rights.

  17. FEES AND TAXES (IF APPLICABLE)

    1. IWG E-Sports reserves the right at its sole discretion to charge, apply, levy fees and charges to Users and / or Partners and/or any such parties for the Additional Service and the use of the Application. IWG E-Sports reserves the right to charge fees and charges for such facilities at its sole discretion and by using the Application of which you hereby irrevocably undertake, consent and agree to pay any such fees and charges as IWG E-Sports may but not obligated to notify to you and prescribe from time to time.
    2. IWG E-Sports through the Application functions, amongst others, mainly as an online platform for Users to connect with Partners for the purposes of transacting to respectively receive and provide Service. IWG E-Sports is not itself a Partner or a User, and is not responsible to account for or pay any tax or comply with any laws relating to tax or relevant compliance for any transaction, sale or service provided by any Partner to any User. You hereby understand, undertake, acknowledge and agree that you are solely responsible for your own tax reporting and statutory compliance obligations.
    3. Any fees that IWG E-Sports may charge the User or the Partner are due immediately and are refundable provided the Users and Partners have satisfactorily completed IWG E-Sports' cancellation process which shall be solely determined by IWG E-Sports from time to time.
    4. IWG E-Sports may without any obligations whatsoever, at its sole discretion, make promotional offers, loyalty programs, activities and/or programs with different features and different rates to any of the Partners or Users whereby these promotional offers, loyalty programs, activities and/or programs shall accordingly be honored by you. IWG E-Sports may determine, alter, amend, replace and change the fee as IWG E-Sports deems fit and proper from time to time in its absolute discretion as necessary or appropriate in relation to the usage of Application by parties hereof.
    5. Users may choose to pay to the IWG E-Sports by the following methods and manner, the details of which are as follows: -

      1. Interbank GIRO (IBG) Bank transfer;
      2. A third party payment gateway;
      3. Instant (real time) Transfer made via local/Malaysian bank/financial institution (recognised by the Bank Negara Malaysia),

      Wherein you are required to give the exact title of the payment, which is displayed after clicking on the “PAY” button on the Application, without any alterations. The Application and/or IWG E-Sports or any other party through this Application is not liable for any consequences of incorrect giving of title of payment by you.

    6. In the event should you opt to make any payments vide a interbank GIRO (IBG) and/or Instant (real time) Transfer made via local/Malaysian bank/ financial institution (recognised by the Bank Negara Malaysia), you are solely liable to ensure at all material times that all payment details are correct and consistent with the relevant details and once payment of the same is made, you are also required to email to IWG E-Sports at [email address] of the proof of payment and/or receipt of payment and/or acknowledgement of payment from the bank/ financial institution.
    7. IWG E-Sports reserve its rights to suspend the processing of any transaction wherein IWG E-Sports reasonably believes that the said transaction may be fraudulent, illegal or involves any criminal activity or where it reasonably believes the Users and Partners to be in breach of the Terms and Conditions between the Partners and Users and IWG E-Sports. Should such event arise, you hereby irrevocably undertake, consent and acknowledge that you shall not in any way whatsoever hold IWG E-Sports and/or its directors, managers, officers, members, employees, attorneys, solicitors, agents, representatives, permitted-assigns, successors in rights and equity and any other such person(s) and/or companies in relation to IWG E-Sports liable for any withholding of, delay in, suspension of and/or cancellation of, any payment to you.
    8. You hereby consent, undertake, and agree that you will cooperate in your best capacity and at your best endeavours in relation to any criminal investigation that is required and to assist IWG E-Sports in complying with any internal investigations, instructions from the authorities and/or any such other requirements by the prevailing laws or regulations currently in force.

  18. NO PARTNERSHIP, NO AGENT-PRINCIPAL RELATIONSHIP

    1. You hereby irrevocably undertake, acknowledge, consent and agree that in no way whatsoever in any circumstance that IWG E-Sports is a party to any agreement (may it be oral, written or otherwise) for any service or any agreement and/or contract entered into between Users and Partners in connection with any services offered, directly or indirectly, through the Application.
    2. No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions and/or your use of the Application (whether in whole or in part thereof). IWG E-Sports is not privy and shall not be held binding in any aspect whatsoever in relation to any of the agreement and/or contract entered between Users and Partners in connection with any services offered, directly or indirectly, through the Application. All Partners and any such parties hereof are independent and not under the supervision, management and/or control of IWG E-Sports. As such, neither IWG E-Sports nor any users of the Application may direct or control the day-to-day activities of the other or create or assume any obligation on behalf of the other.

  19. ENTIRE AGREEMENT

    These Terms and Conditions, together with the Personal Data Protection Policy, the Intellectual Property Rights Policy, the Legal Disclaimer Policy and any other additional policies published by IWG E-Sports on the Application, shall constitute the entire agreement between you (whether as an User or Partner or any such third party, as the case may be) and IWG E-Sports concerning the Application.

  20. PARTIAL INVALIDITY

    If any provision of these Terms and Conditions is held to be void, invalid, unenforceable or illegal for the operation of law, the other provisions shall continue in full force and effect.

  21. JURISDICTION AND GOVERNING LAW

    These Terms and Conditions are governed by and shall be interpreted in accordance with the governing laws of Malaysia and in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Application whether in contract or tort or otherwise the courts of Malaysia will have non-exclusive jurisdiction over such dispute and the interpretation of issues.

  22. FORCE MAJEURE

    The Application and IWG E-Sports shall not be liable for any performance failure, delay in performance, or lost data to the extent said failures or delays are proximately caused by (a) natural weather events, (b) war; or (c) any other causes beyond that IWG E-Sports' reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, agents, distributors, contractors, subcontractors, agents, independent individuals and carriers to substantially meet its performance obligations herein stated, provided that in any such event, as a condition to the claim of non-liability, the Party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon.

  23. COMPLAINTS PROCEDURE

    If you have any queries and/or complaints about this Application or the Partner or the Users or the Service or the Additional Service or any services listed on this Application (save and except issues relating to a third party beyond IWG E-Sports' control and subject always to the foregoing clauses), please do not hesitate to contact our team at support@kohai.gg and our team will contact you to resolve the issue in due course.

Date of issuance:

15th April 2022

This Policy shall be effective as of 15th April 2022