Terms and Conditions

These terms and conditions (these “Terms”) applies between you and A.R.C XQ CO., LTD., Ltd, Ltd (“we”, “us”, or “our”), (hereinafter “A.R.C XQ CO., LTD., Ltd”, “we” or “us”). Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the Services.

1. Intellectual Property

   1. All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of A.R.C XQ CO., LTD., Ltd, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable Thailand and International intellectual property and other relevant laws.
   2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the Website or unless given express written permission to do so by A.R.C XQ CO., LTD., Ltd.

2. Basis of Order and Acknowledgement

   1. The Contract is subject to these Terms to the exclusion of all other terms and conditions (including any terms and conditions you purport to apply in any Contract).
   2. Minimum order quantities and/or values may apply at our discretion.
   3. You represent that you are at least 18 years of age, and if you live in another state or country, you are of the age necessary to enter into contracts according to the laws of your home state or country.
   4. A Contract shall not be effective until we have issued written acknowledgement and acceptance of such Contract (notwithstanding any earlier confirmation of receipt).
   5. We may in our sole discretion decline any purchase order placed by you. No change or modification of the Contract shall be allowed after acceptance by us unless accepted in writing by us. If there is any conflict between the prices indicated online and our acknowledgement of the Contract, then the latter shall take precedence.

3. The Products

   1. The specification for the Products (game top-ups and gift cards hereinafter “Products”) shall be those set out on our website.
   2. Products shown for sale are prone to be stopped from sale at any time.
   3. We do our best to ensure that the information about Products is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them.
   4. We reserve the right to modify the information about Products displayed on our Site, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.

4. When Orders are not accepted

   1. While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if:
      1. you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information;
      2. we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed the Products you ordered are unfortunately out of stock or no longer available;
      3. we have reasonable grounds to believe that you intend to resell the Products.
   2. If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order.
   3. If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.

5. Cancellation of Orders

   1. A.R.C XQ CO., LTD., Ltd reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. We may do this for example, but without limitation, where:
      1. our suppliers are unable to supply Products that they have previously promised to supply;
      2. an event beyond our control, such as storm, fire, flood or failure of computer systems, means that we is unable to supply the Products within a reasonable time;
      3. Products ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
      4. you ask us to cancel your Order.
   2. You may cancel your Order where we:
      1. have breached a material term of this Agreement;
      2. are not able to deliver your Order within a reasonable time of the estimated delivery time, other than a result of any delay:
         1. for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Products; or
         2. whic our control.
   3. Where we cancel your Order after acceptance it will send you an e-mail notifying you of cancellation.
   4. In the event of us or you are cancelling your Order after payment has been processed, we will refund any money paid in respect of that Order.
   5. Except to the extent otherwise required by law or as expressly set out in these Terms, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

6. Availability of Products

A.R.C XQ CO., LTD., Ltd cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Products may be out of stock or unavailable. We reserve the right to withdraw or suspend from sale any Products displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

1. Passing of Risk and Title

   1. The risk in the Product shall pass to you on delivery as set forth herein.
   2. The full legal, beneficial and equitable title to the Product shall remain vested in us (even though they have been delivered and risk has passed to you) until we give written notice to you to pass legal and beneficial ownership of the Product to you or, if earlier:
      1. payment in full, in cash or cleared funds, for all the Product has been received by us; and
      2. all other money payable by you to us or under the Contract or any other contract or order has been received by us.
   3. Our rights and remedies set forth herein are in addition to and shall not in any way prejudice, limit or restrict any of our other rights or remedies under the Contract or in law or equity.
   4. We shall be entitled to maintain an action against you for the price of the Product notwithstanding that legal, equitable and beneficial title to and property in the Product has not passed to you.

2. Digital Products Delivery and Performance

   1. Delivery of Digital** Products shall be made by us delivering you the access details to the Account(s) to the e-mail address and account specified in the accepted order.
   2. With effect from the Commencement Date, A.R.C XQ CO., LTD., Ltd shall, in consideration of the amount(s) being paid in accordance with the accepted order will provide the Digital Products to the Account expressly identified or otherwise agreed under this Agreement.

3. Technical Requirements

Users are responsible for ensuring that the technical requirements for access to and use of the respective Digital Products are met. This applies in particular to the hardware and operating system software used, the connection to the Internet, the firewall settings (if any). The User shall carry out necessary and reasonable adjustment measures himself/herself and shall bear the costs for the Internet connection in order to be able to access the Digital Products.A.R.C XQ CO., LTD., Ltd does not guarantee that the services offered can actually be used with the User's device.

1. Delay in availability or delivery of Goods

   1. You agree and acknowledge that:
      1. A.R.C XQ CO., LTD., Ltd does not guarantee the dispatch or delivery or availability of Goods within the time frames set out, estimated delivery times listed for your Order or any other time frames otherwise specified by us;
      2. stock availability and e our control may cause delays, or in some circumstances, prevent your Goods from being delivered;
      3. delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and
      4. except to the extent expressly set out in these Terms or otherwise required by law, neither we nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

2. Refunds

   1. We provide digital products and as such our products are immediately viewable and usable after purchase. Therefore, the following apply:
      1. All Sales Are Final. No Returns or Exchanges. We do not offer any kind of returns or exchanges.
   2. In the unlikely event that you are experiencing or have experienced a technical error, please contact us with details and images of your experience so we can investigate the error and determine if a refund is owed to you.
   3. Where A.R.C XQ CO., LTD., Ltd is obliged to refund your payment pursuant to these Terms, we aim to initiate your refund within 14 working days. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
   4. Except to the extent otherwise required by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

3. Chargebacks

You agree to contact A.R.C XQ CO., LTD., Ltd prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through TERM.IN.TH, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.

1. Exclusion and Limitation of Liability

   1. These terms and conditions set out our entire liability (including any liability for the acts or omissions of our sub-contractors) in respect of the Product supplied by us and any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract. Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or for any liability that cannot legally be excluded or limited.
   2. In no event shall we be liable for:
      1. any loss of anticipated profits;
      2. any loss of actual profits, (direct or indirect);
      3. any loss of anticipated savings;
      4. any loss of business or revenue;
      5. any economic loss of whatever nature;
      6. any indirect, special or consequential loss or damage, or punitive or exemplary damages, howsoever caused;
      7. any loss arising as a result of any third party bringing a claim of any nature whatsoever; and/or
      8. any loss resulting from use, application of or results obtained from any software incorporated into the product.
   3. We shall not be liable for any such loss whether or not any such loss or damage was foreseen, direct, foreseeable, known or otherwise. Our total aggregate liability arising out of or in connection with the performance or contemplated performance of the contract whether for negligence or breach of contract or for any cause whatsoever shall in no event exceed the price paid by you for the product giving rise to your claim.
   4. To the extent permitted by law, the period in which any claim arising out of or related to the contract must be brought is limited to one year from the date that such claim or cause of action is discovered or should have been discovered with the exercise of due diligence, and no claim may be brought after the expiry of this agreed limitation period.

2. Accuracy of Billing and Account Information

   1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
   2. You agree to provide current, complete, and accurate purchase and order information for all purchases made at our store.
   3. You agree to promptly update your order information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

3. Privacy

   1. For the purposes of applicable data protection legislation, we will process any personal data you have provided to us in accordance with our Privacy Policy.
      1. You agree that, if you have provided us with personal data relating to a third party you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to us and that you have brought to the attention of any such third party our Privacy Policy.
   2. You agree to indemnify us in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

4. Disclaimers

A.R.C XQ CO., LTD., Ltd makes no warranty or representation that the Products will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Products.

1. No Waiver

In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

1. Previous Terms and Conditions

In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms shall prevail unless it is expressly stated otherwise.

1. Severance

In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining terms and conditions.

1. Law and Jurisdiction

These terms and conditions and the relationship between you and A.R.C XQ CO., LTD., Ltd shall be governed by and construed in accordance with the Law of Thailand and A.R.C XQ CO., LTD., Ltd and you agree to submit to the exclusive jurisdiction of the Courts of Thailand.