We, BIG CRUNCH DIGITAL PTE. LTD. and our subsidiary BIG CRUNCH DIGITAL (PH) PTE. LTD. (jointly and severally, “our Company”, “we”, “our”, or “us”) thank you for visiting our website www.peraperya.com and/or www.peraperya.ph (collectively and individually, “Website”), downloading, accessing and/or howsoever using our mobile game app known as “Pera Perya” (“App”), mobile games playable on Pera Perya (which together with all patches, updates, versions and variations, related or associated applications, social media channels, forums, media, video and audio files relating to the aforegoing, as well as our Website and App, shall hereinafter be referred to collectively as the “Site”), and any other services and products provided by our Company whether by itself or in conjunction with our business partners (collectively “Site Services”). Your terms of use of our Site and Site Services shall be governed by the terms and conditions as set out herein (“Terms of Use”) and our Privacy Policy, as well as our user licence agreement (“App’s T&Cs”) if you access or use our App. Accordingly, your use of our Site or any of our Site Services constitutes your full agreement to our Terms of Use and our Privacy Policy, our App’s T&Cs (if applicable), and any other specific terms (which may be imposed in our sole discretion from time to time) that may be applicable to you depending on the activity that you have transacted on or via our Site (individually and collectively “Service T&Cs”), which shall form a legally binding and enforceable contract between you and our Company (“Agreement ”). If you do not accept any provision in our Service T&Cs (including without limitation any provision of this Terms of Use set out below), please immediately cease all usage of our Site, Site Services and App, as well as notify us to discontinue any Updates (as defined in Clause 2.1 below) which you have signed up for, failing which you shall be deemed to be bound by all the provisions contained in our Privacy Policy and our Terms of Use (as well as our App’s T&Cs, and other Service T&Cs if applicable) as follows:- 

 

  1. Updates and Modifications

 

1.1 You agree that it is your responsibility to regularly check our Terms of Use available at [insert hyperlink/webpage address] to keep yourself updated of any changes or modifications.

 

1.2 You agree that our Terms of Use (and other Service T&Cs) may be amended, modified, varied or revised from time to time without any prior notice to you, and your continued access to our Site, use of our Site Services, use of our App, downloading or accessing of any media content (which includes games), continued subscription to any of our plans, purchase of any credits, purchase of any of our products, proceeding with any transaction, registration for and/or participation in any of our contests, promotions or other events, and/or your continued use of any of our other services, following any such changes to any of our Service T&Cs constitutes your agreement to be fully bound by our amended Terms of Use (and other Service T&Cs where applicable) which is accessible at all times, and should be reviewed by you regularly, at [insert hyperlink]. The date that appears at the start of each relevant terms and conditions constitutes the latest version of such terms and conditions that is in force and binding on you as part of the Agreement.

 

1.3 You agree that we are entitled to howsoever modify, vary, expand, suspend, terminate, cancel, restrict, or discontinue any services, products, the App, any features of the App, any games playable on the App, any other applications, any subscription plans, any media content, events, contests, promotions, or accessibility to any aspect, feature, component or part of our Site and our Site Services, at any time in our sole discretion without any prior notice or liability to you, even if you are have registered an account, subscribed to a plan or package, purchased a product or registered for any of our events, contests or promotions. Accordingly, you agree that in the event of your having made any payment to us in relation to the cancelled product, service, subscription plan, package, contest, promotion, or event, your sole and exclusive remedy against us (and therefore our total liability to you) shall be either US$50 or a refund (without any interest) of the amount that you have paid to and received by us, whichever is the lower.


 

2. Our Site Content

 

2.1 No games, applications, patches, soundtracks, music, songs, videos, animations, media files, comics, digital publications, and other media content on (or accessible via) our Site and/or App (collectively, “Media Content”), information, write-ups, photographs, graphics, APIs, articles, game releases, write-ups, opinions, photographs, trailers, summaries, pictures, graphs, charts, articles, service information, product information, testimonials, advertisements, and other content on (or accessible via) our Site, and your online account as maintained with us (collectively, “Site Content”), nor our newsletters, marketing materials, contest results, promotional updates, game updates, App updates, App support patches, App messages, messages (via any channels), or other emails (collectively, " Updates") which you may have viewed, subscribed to or downloaded via our Site, constitutes advice of any kind, including but not limited to counselling, life advice, technical advice, financial advice, gaming advice, legal advice or any other form of advice for which a license to provide such advice may be required under applicable law. “Site Content”, “Media Content” and “Updates” collectively shall be referred to as “Content”, and all references herein these Terms of Use to “game(s)” refers to mobile games playable on Pera Perya.

 

2.2 The Content is meant to provide information regarding our Company, our products, our services, and available Media Content. The aforesaid information constitutes general knowledge for entertainment purposes only and are not meant for specific reliance for any particular or out-of-the-ordinary purpose by any entity or individual, and therefore in the event that you wish to obtain more information (including but not limited to information on technical details regarding use of our App, any game, prizes, raffles and features associated with any game, or the availability of any specific Media Content) on any of our specific product or service, please email us at [insert email address]. You are therefore strongly advised to conduct your own research, procure your own checks and advice before you decide to download and/or use our App, play any games, register any account on Pera Perya or its associated forum, subscribe to any plans or package, participate in any of our forum discussions, purchase any credits or products, engage us for any of our services, or enroll for any promotions, contests, activities or events, as we do not provide any guarantees of any kind, including but not limited to continued access without interruption, enjoyability, resolution of technical issues, eligibility prizes, or release dates.

 

2.3 For the avoidance of doubt, our Company makes available some Media Content that are owned by our Company however, some of the Media Content are duly licensed from the owners or licensors of such Media Content for access by users of Pera Perya (pursuant to the user’s subscription plan). Any Media Content that may be stipulated as being available on our Site may at any time be removed without prior notice to you, and you agree that you will not raise any dispute regarding such removal (including but not limited to any dispute based on your having subscribed to the App or purchased credits due to your having seen such Media Content on our Website prior to your subscription or payment). Any written material found on our Site, our App and our Updates (or any other part of our Content) is for your general information only and does not constitute any guarantees (including but not limited to availability of Media Content and/or its quality of gameplay) by our Company.

 

2.4 Our Content may contain information on third party products and services. However, this does not imply any association with or endorsement by such third parties. The content of such third party services and products as stated therein our Content are based on information made publicly available by such third parties, and we therefore make no representations or warranties on the accuracy or updatedness of such third-party service/product related information. You are encouraged to conduct your own checks on any such third party products or services that you see on our Site and/or our Updates prior to subscribing to, registering an account for, or purchasing any such third party products, whether from third party sites or via our Site.  For the avoidance of doubt, references herein this Terms of Use to “related entity” or “affiliate” of our Company shall mean companies who have the same parent or ultimate parent company as our Company or is constituted with the same majority shareholders of our Company.

 

2.5 Any monetary figures cited in our Updates and on our Site may have been converted from local currency to United States Dollars, from United States Dollars to local currency, or from one currency to another, using internet currency conversion sites, and such values are therefore subject to change (including without limitation different rates that may be imposed by payment service providers or financial institutions during your transactions carried out via our Site).

 

2.6 Where the content contained on our Site and Updates are derived from non-English language sources, translations into English may have been done using language conversion tools. As such, our Company assumes no legal liability for any inaccuracies or misunderstandings due to translations.

 

2.7 Weblinks to our licensor’s website(s) from which Media Content are sourced may be provided on our Website. Although effort is made to ensure the aforesaid weblinks are active when hyperlinked on our Site, however, such links may expire and our Company bears no liability thereto.

 

2.8 Reviews of our products, services, Media Content, our Site, our Updates and other matters related to our Company posted by individuals or third party companies on our Site and our Updates are the personal views of such individuals or third party companies, and does not represent the view of the Company, nor any implied endorsement or recommendation by the Company. Such reviews are also not to be deemed as any warranty, express or implied, of the quality or efficacy of the reviewed products, services or other subject-matter.

 

2.9 We may make available limited trial services (including without limitation trial or sample games) via our Site and/or our Updates. You agree that when you contact us or sign up for any such free trial services, it is not guaranteed that such free trial services or certain features thereto will definitely be made available to you, or the trial period may be different from what may have been published on our Site, our Updates or on other third party channels.

 

2.10 Promotions, events, contests and discounts as featured on our Site and/or our Updates are for limited time-periods only and subject to specific terms and conditions indicated as may be applicable in order to enjoy such promotions, events, contests and/or discounts. Once a promotion, event, contest or trial period expires, you are no longer eligible to participate in such promotions, events and contests, and our Company is not howsoever obligated to provide any such previously offered events, privileges or discounts to you even if you have contacted our Company with queries during the promotional, trial or event period.


 

  1. Intellectual Property

 

3.1 All Content, including without limitation any Media Content, write-ups, summaries, manuals, guides, games, extracts, comics, derivations, articles, translations, quotations, discussions, comments, diagrams, graphs, charts, layout, graphics, photographs and drawings, as displayed on our Site, in our Updates and/or otherwise in any other part of our Content, are protected by (whether registered or otherwise) copyright, design rights, layout rights, trade mark rights and/or other intellectual property rights (whether owned by our Company or licensed to our Company, or permitted under the law for use by our Company). You agree therefore that without our Company's prior written consent, you are not permitted to reproduce, copy, download, extract, store, distribute, lease, time-share, publish, sell, translate, modify or create derivative works from, any part of the content found on our Site, our App, any games, or in our Updates, including without limitation deep linking or framing any part of our Site or content on another website without our prior written consent unless otherwise specifically permitted in any of our Service T&Cs. We reserve our rights to take legal action against you for any such unauthorised use of any part of our Content.

 

3.2 For the avoidance of doubt and without prejudice to Clause 3.1 above, all Media Content are strictly protected by copyright laws. You are therefore not permitted to howsoever copy, reproduce, duplicate, download, derive, modify, translate, hack, distribute, transfer, share, lease, rent or howsoever deal with any part of the Media Content except to view as may be permitted by the App’s T&Cs, this Terms of Use, our Privacy Policy and other applicable Service T&Cs governing your use of our App unless you have the prior specific written consent of our Company.

 

3.3 All company names (including our Company's name and the company names of the any third parties featured on our Site), logos, trade marks, service marks, brands, whether registered or otherwise (collectively the " Branding ") represented on our Site, in our Updates, and in any other part of our Content, belong to our Company or to third parties who have agreed (or our Company is so permitted under applicable law) to display their Branding on our Site, and in our Updates. You are therefore not permitted to copy, replicate, modify, extract, download or howsoever use any such Branding for any purpose whatsoever without the prior written consent of our Company.


 

  1. Third Party Sites and Browsing Experience

 

4.1 Please note that we do not control any links, services, content, products or resources provided by other third parties referenced or linked to our Site, or in our Updates, even if such third party’s website may be co-branded with ours by bearing our Company logo or name. We seek your further understanding that we are unable to control or influence any third parties' actions even if their websites are hyperlinked on our Site, or in our Updates. Accordingly, should you decide to use or access such third parties’ websites, all use and access are at your sole risk and subject to the terms and conditions of use of such third parties’ websites. If you have any query on the terms and conditions of use of such third parties’ websites or their services or products, please contact the third parties directly.

 

4.2 You agree that our Company may employ cookies, action tags, dynamic device identifiers, or other legal technological means to record your anonymised accessing of our Site for the purpose of providing better services and enhancing your browsing and user experience. Further details of such technological means are as set out in our Privacy Policy .


 

  1. Minors

 

5.1 Our products and services are targeted for adults (aged 18 and above) and business entities. Our Site, and our Content are therefore not meant for persons who may be defined as minors under applicable law. However, it is not possible for our Company to determine whether any user of our Site or Content is a minor.

 

5.2 If you are a minor, please discontinue all transactions via our Site and use of our Site Services (including without limitation our App) immediately. It is the responsibility of parents and legal guardians to monitor whether a minor is transacting via our Site or using our Site Services, therefore parents and/or legal guardians shall be fully responsible for the acts and transactions performed via our Site by their minor (including without limitation any fees owing by such minor to our Company).


 

  1. Feedback

 

6.1 In the event that you provide us with any feedback and comments, whether via email to our Company or any postings or on our discussion forum, we thank you for taking the time to write to us, and your feedback and comments are appreciated. Any such feedback, postings, and comments from you (“Feedback”) shall become and remain the sole property of our Company. Our Company shall be entitled in its sole discretion to howsoever use, publish, edit or disseminate such Feedback, with or without attribution to you as the Feedback’s author, and without having to notify you or seek your consent in advance. Accordingly, you agree that you assign all ownership (including but not limited to copyright) in the Feedback to our Company without the right to any compensation of any kind once you submit your Feedback to our Company, and you further agree to waive all moral rights over your Feedback once submitted to the Company.

 

6.2 Kindly note that you are responsible for your Feedback, and you should ensure that such Feedback does not contain any libelous, scandalous, defamatory, offensive, seditious, misleading, misrepresentative, abusive or infringing contents, particularly if such Feedback will be published to the public whether via our Site, or our Updates, or other means (even if you were not aware that your Feedback would be published). You agree to fully hold harmless and indemnify our Company and its related entities for all losses and costs suffered or incurred by our Company (and/or any of its related entities) due to your Feedback, including but not limited to third party claims, legal fees on a solicitor-client basis, settlement amounts, fines, penalties, and law enforcement actions. Accordingly, and without prejudice to the aforegoing, you also hereby undertake to fully indemnify, defend and hold harmless the Company, its related entities, and their respective employees, agents, officers, shareholders, and directors from claims, demands, direct damages, indirect damages, consequential damages, loss of opportunities, loss of reputation, legal costs (on a client-solicitor basis) and other losses of any kind that may arise in relation to any dispute that you may howsoever have with another user of our Site.


 

7. Disclaimers and Limitation of Liability

 

7.1 While we have exercised due care in the preparation of all Content displayed and/or made available on our Site, and in our Updates, such content, information, Media Content, the App, games, prizes, manuals, guides, and materials are provided “AS IS”, “WITH ALL FAULTS" and "AS AVAILABLE”.

 

7.2 YOUR USE OF OUR CONTENT, OUR SITE, OUR APP, OUR GAMES, OUR PRIZES, AND OUR UPDATES, AS WELL AS YOUR VIEWING, DOWNLOADING AND/OR USE OF MEDIA CONTENT, IS AT YOUR OWN DISCRETION AND RISK. OUR COMPANY MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) OR PROMISES ABOUT THE QUALITY, RESOLUTION, GAMEPLAY, PRIZES, ACCURACY, UPDATENESS, NON-OMISSIONS, CONTINUED ACCESSIBILITY, CLARITY, RESOLUTION, NON-INTERRUPTEDNESS, SPEED, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF SUCH PURPOSE), THE ACTS OR OMISSIONS OF OTHER USERS OF OUR SITE, OR RELIABILITY OF OUR SITE, OUR APP, OR OUR UPDATES, INCLUDING BUT NOT LIMITED TO THEIR SAFETY OR SECURITY, FREEDOM FROM COMPUTER VIRUSES, WORMS, TROJAN HORSES, AND FULLPROOF SECURITY AGAINST THIRD PARTY HACKERS.

 

7.3 IN ADDITION, OUR COMPANY MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) OR PROMISES ABOUT CORRECTNESS, THAT ANY ERRORS (WHETHER IN CONTENT, MEDIA CONTENT, UPDATES, OUR WEBSITE, OUR SITE, OUR APP OR GAMES) WILL BE CORRECTED, THAT RESOLUTION WILL BE ENHANCED, THAT PRIZES WILL BE AVAILABLE, GAME PLAY WILL BE ENJOYABLE, MERCHANTABLITY, QUALITY, TIMELINESS OF DELIVERY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF SUCH PURPOSE), SUITABILITY FOR SPECIFIC VIEWING REQUIREMENTS, THE ACTS OR OMISSIONS OF OTHER USERS OF OUR SITE, NON-INFRINGEMENT OR RELIABILITY OF ANY WRITE-UPS, PRODUCTS OR SERVICES DISPLAYED ON OUR SITE AND/OR IN OUR UPDATES. YOU, AT YOUR OWN VOLITION AND DISCRETION, ENTER INTO SUBSCRIPTIONS, SIGN-UPS, MAKE PURCHASES, PLAY ANY OF OUR GAMES AND/OR PARTICIPATE IN ANY EVENTS VIA OUR SITE AFTER HAVING DONE YOUR OWN DUE DILIGENCE CHECKS AND WITH DUE CONSIDERATION, AND THEREFORE ALL SUBSCRIPTIONS, SIGN-UPS, REGISTRATIONS, PURCHASES AND/OR PARTICIPATIONS ARE AT YOUR SOLE RISK.

 

7.4 IN NO CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED AT LAW, SHALL OUR COMPANY NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR EMPLOYEES BE LIABLE FOR ANY DAMAGES, LOSS, LOSS OF CUSTOMERS, LOST PROFITS, LOST BUSINESS, LOST OPPORTUNITIES, LOST DATA, COST OF SERVICING OR REPAIR OF TABLET, SMART PHONES, MOBILE PHONES, COMPUTER OR OTHER EQUIPMENT, SPECIAL DAMAGES, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, HOWSOEVER ARISING OR SUFFERED AS A RESULT OF ANY USE (OR INABILITY TO USE) OF OUR SITE, OUR GAMES, OUR PRIZES, OUR FORUMS, OR OUR UPDATES OR OUR SERVICES OR OUR PRODUCTS OR OUR COMPANY'S BREACH OF ANY PROVISION HEREIN THIS TERMS OF USE OR PRIVACY POLICY OR APP’S T&CS, WHETHER DUE TO VIRUSES OR THIRD PARTY HACKERS OR EMBEDDED MALWARE, OR ANY RELIANCE ON OR USE OF THE INFORMATION, CONTENT, THIRD PARTY LINKS, THE SERVICES OR PRODUCTS INTRODUCED OR DESCRIBED HEREIN OUR SITE, OR OUR APP, OR OUR UPDATES EVEN IF OUR COMPANY HAS BEEN ADVISED OF SUCH USE OR RELIANCE IN ADVANCE.

 

7.5 In no event shall our Company be liable for any indirect or consequential damages, including without limitation, loss of profits, loss of revenue, loss of business, loss of opportunity, mental trauma, emotional trauma, loss of goodwill or reputation. Our Company further disclaims any and all liability for any losses or damages that you may incur as a direct result of using or accessing our Site, our Updates, any of our Content, using our App, downloading any Media Content, playing any games, participating in any events, contests or promotions, including but not limited to any virus, trojan horse, malware or worm attacks on your tablet, smart phone, or computer.

 

7.6 In the event that our Company’s liability to you in relation to our Content, Site, Updates, App, Media Content, games, contests, events, promotions, products and/or services featured (or made available) on our Site and/or any part of our Content, cannot be fully disclaimed, you agree that our Company’s total liability to you shall not exceed US$50, which you agree is a reasonable compensation amount taking into consideration the limited nature of our Company’s services and products. Accordingly, you agree that upon receipt of US$50 from the Company, you will waive all rights against the Company and will make no further claims whatsoever against the Company.


 

  1. Non-Interference

 

8.1 You undertake that you shall not howsoever mine data from, interfere or attempt to interfere with any part of our Site, disrupt accessibility to our Site (or any part thereof), hack any games, or bypass any security measures that we may include with our Site, including but not limited to the utilization of any screen-scraper, hacks, spider, robot, virus, worms or other means to access or attack our Site for any purpose without our prior written consent.


 

  1. Indemnification

 

9.1 You agree to fully indemnify, defend and hold the Company, its related entities, and their respective shareholders, directors, officers, employees, representatives, agents, subcontractors, and licensors (on a joint and several basis) harmless from and against any and all claims (including without limitation third party claims for intellectual property infringement due to your breach of Section 3 herein), damages, costs and expenses, including but not limited legal fees and settlement payments on a full indemnity (solicitor-client) basis arising from or related to your use of our Site, our Site Services, our App, any of our Games, contests, events, promotions and/or other Media Content, or breach of any of the provisions of the Agreement (including without limitation any provisions herein this Terms of Use, the terms and conditions of our App’s T&Cs, our Privacy Policy, and/or our Updates).

 

9.2 Without prejudice to Clause 9.1 above, you further agree to fully indemnify, defend and hold (on a joint several basis) the Company, its related entities, and their respective shareholders, directors, officers, employees, representatives, agents, subcontractors, and licensees harmless from and against any and all claims initiated by the licensors of our Media Content due to your breach of any provision of Section 3 or any breach by you of any applicable laws (including but not limited to copyright law) in relation to such Media Content, your indemnification hereto to include but is not limited to settlement payments and legal fees on a full indemnity (that is, solicitor-client) basis.

 

9.3 For the avoidance of doubt, regardless of the indemnification received by the Company from you, the Company shall have full authority and charge over its own defence, legal actions, and settlement proceedings in relation to any third party claims and licensor’s allegations without any reference to you.


 

  1. Governing Law and Jurisdiction

 

10.1 Our this Terms of Use and accordingly your agreement thereto shall be governed by and construed in accordance with the laws of the Republic of Singapore, without reference to any conflict-of-law principles.

 

10.2 In the event of any disputes arising from any provision(s) of the Agreement (including without limitation any provision herein this Terms of Use), your agreement thereto, and/or your use of our Site, App, Media Content, games, discussion forums, or other parts of our Content, you must first contact our Company’s officer at [need to have a support email] regarding your dispute, and use your best endeavours to amicably settle any dispute in good faith. We on our part will also use our best endeavours to amicably settle your concerns in good faith. However, if no amicable resolution is reached within 30 days, all parties agree to submit to the exclusive jurisdiction of the Courts of Singapore, without reference to any conflict-of-law principles.


 

  1. Miscellaneous

 

11.1 If any provision or clause therein our Agreement (including without limitation any provision or clauses herein this our Terms of Use) or part thereof is rendered void, illegal or unenforceable by any legislation or laws to which it is subject, it shall be modified so as to give effect to its intention, or where such modification is not possible, that provision or clause shall be rendered void, illegal or unenforceable to that extent only and it shall in no way affect or prejudice the enforceability of the remainder of such provision or clause or the other provisions of our Agreement (including without limitation our this Terms of Use).

 

11.2 The failure or delay of our Company at any time to enforce any of its rights hereunder our Terms of Use shall not be constituted as a waiver thereof and shall in no manner affect our Company's rights at a later time to enforce the same.

 

11.3 You agree that you shall not hold our Company for any delay or failure in performance (including but not limited to non-accessibility to our Site, App, games, and any Media Content) due to events beyond our Company’s reasonable control, including but not limited to natural catastrophes, civil riots, acts of war, shortage of utilities, failure of telecommunications services, and any applicable laws and regulations.

 

11.4 A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of its terms.

TERMS OF USE