TERMS OF USE

 

Last Updated:June 4, 2024

 

These terms of use (the “Terms” or “Terms of Use”) is a contract between you and Cybershell Technology Limited and its subsidiaries and affiliates (individually and collectively, “JollyMax”, “we”, “us” and “our”) and governs your access to the website of JollyMax at https://www.jollymax.com (“Site”), including all sub-pages on this website, and use of any services of JollyMax (the “Service”). You must be above eighteen (18) years of age (or age of majority in your jurisdiction) and competent to contract under the applicable laws to access or use the Service.

By visiting the Site, logging on to or using the Service, you shall be presumed to have read the Terms of Use (including other relevant agreements) and unconditionally and irrevocably accepted the terms and conditions set out therein. Your acceptance of these terms of use shall constitute a legally binding agreement between JollyMax and you as the user.

The Terms of Use may be revised or altered by us at our sole discretion from time to time, and the latest Terms of Use will be posted on the Site. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms of Use, such as through a notice on our Site. However, you are responsible for periodically reviewing these Terms of Use and check for such changes. Your continued access to the Site and/or use of any of the Services shall constitute your acknowledgement, acceptance, and agreement of the changes we make to these Terms of Use.

 

1.JollyMax Service

JollyMax allows you to purchase certain digital entertainment content, such as gift codes, app/game credits, and vouchers (“Digital Product”) through the Site from JollyMax or JollyMax’s third party merchants (the “Publishers”).

 

2.Who May Use the Service

You must be at least 18 years old (or age of majority in your jurisdiction) to use the Service. If you are below the age of majority under the law applicable to you, you must have your parent or legal guardian's consent to use the Service. Please have your parent or legal guardian read these Terms with you.

By granting your child permission to use the Service, you hereby agree to be bound by these Terms. You are responsible for monitoring and supervising your child's use of the Service. If your child is using the Services and is either under the age of majority or does not have your permission, please contact us at service@jollymax.com immediately, so that we can disable your child's access.

 

3.Account

3.1 Account and User ID

(a) You may use some of our Service only as a visitor, but if you want to use all of our Service, please register and log in through a third-party (e.g., Facebook, Google) account.

(b) In registering with JollyMax, you agree to provide accurate, current, and complete information about yourself, and to update that information if it changes; if you don’t, we have the right to close your Account and any Service created under your Account with JollyMax.

If we rely on the contents of your application and accept you to use our Services, you irrevocably agree that you shall indemnify and keep us indemnified and hold us harmless for any expense, loss or damage that we may suffer arising from any inaccurate or false statement or misrepresentation of facts submitted by us to you.

(c)  You are also solely responsible for your username of your account, provided that your username shall comply with applicable laws or our guidelines (if any) (e.g., your username must not contain obscene words). We may request you to change your username, suspend or terminate your account with us, if your username violates applicable laws or guidelines or otherwise deemed inappropriate by us.

3.2 You must not sell, lend, share or transfer your account or otherwise permit any other person to access or use your account. You agree that you are solely responsible for any and all activities that occur under your account, including any use of our Service and transactions occurred under your account. To the fullest extent permitted by laws, any acts under your account will be deemed as acts made by yourself.

3.3 Termination of your account also terminates your access to or use of the Service and any license or rights granted under these Terms. If you want to terminate or disable your account, you may submit your account deletion request by contacting us at service@jollymax.com

. Once your account is deleted, you will not be able to reactivate your account or retrieve any information or content in connection with the deleted account.

 

4.Use of the JollyMax Service

4.1 You shall procure, at your own costs and expenses, the requisite equipment and software to connect and access the Site and the ensuing use of the Services. You shall bear all charges and fees imposed by third parties in relation to and in connection with you connecting your equipment to the Site (or any of them).

4.2 It is your primary responsibility to ensure that you are acquainted with the guidelines and procedures for the use of the Services that JollyMax may issue from time to time. JollyMax  shall not be liable for any errors, losses or damages caused by your use of the Services.

4.3 It is your responsibility to secure the information of your Account. Any notification or confirmation received by JollyMax from your Account shall be deemed to have been issued by you notwithstanding that such notification or confirmation may have been issued by a third party, whether authorized or otherwise, and you shall be bound by such notification or confirmation.

4.4 JollyMax shall not be liable for acting on the notification or confirmation sent through your Account. JollyMax shall not be obliged to investigate the authenticity or authority of persons effecting the notification or confirmation or verify the completeness of such notification or confirmation. Such notification or confirmation shall be deemed irrevocable and binding on you upon receipt by JollyMax notwithstanding any error, fraud, forgery and lack of clarity or misunderstanding in respect of the terms of such notification or confirmation. You shall immediately notify JollyMax upon receipt of incomplete, garbled or inaccurate data or information from JollyMax. You shall also immediately notify JollyMax upon receipt of any data or information which is not intended for you and you shall delete such data or information from your Account.

4.5 Without prejudice to other provisions of the Terms of Use, you may not use the Service for activities that:

(a) make purchase if you are under the age of majority;

(b) use the Service for any illegal or noncompliant purposes or violate applicable laws, regulations, rules, or guidelines;

(c) use a buying agent or purchasing agent to make purchases using our Service and thereafter charge other directly or indirectly for such uses;

(d) modify, alter, reverse engineer, duplicate, disassemble, decompile, transfer, copy, exchange or translate the Service or any elements therein or thereof without our prior written permission;

(e) use the Service to make profits or for any commercial or unauthorized purposes, such as sending advertising content or messages without our prior written permission;

(f) use any automated system, software, robot, spider, crawler, scraper or interface, or any other automatic device, software or process, whether operated by a third party or otherwise, to extract, monitor, copy or collect any data or information from the Service, or engage in any manual process to do the same;

(g) interfere with, disrupt, or create an undue burden on the Site or the networks or Service connected to the Site.

(h) attempt to circumvent any technical measures we employ, or attempt to access parts or features of the Service that you are not authorized to access;

(i) probe, scan, or test the vulnerability of our Service or any system or network;

(j) use the Service in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or take any acts that could affect, cause damage to or impair the provision of the Service;

(k) attempt to trick, defraud, or mislead us or any other user;

(l) solicit login credentials from another user;

(m) attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

(n) relate to transactions involving (i) certain controlled substances or other products that present a risk to consumer safety, (ii) drug paraphernalia, (iii) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (iv) stolen goods including digital and virtual goods, (v) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (vi) items that are considered obscene, (vii) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (viii) certain sexually oriented materials or services, (ix) ammunition, firearms, or certain firearm parts or accessories, or (x) certain weapons or knives regulated under applicable law;

4.6 We may release certain Services or their features in a beta or trial version, which may not work correctly or in the same way the final version may work, and we shall not be liable in such instances.

4.7 Links to third-party materials (including without limitation any websites) provided through the Service may lead you to leave the Site. Please note that the linked materials may not be under the ownership or control of JollyMax in any manner whatsoever, and you therefore access them at your own risk. JollyMax is not responsible for the contents, terms of use, or privacy practices of any such linked materials. The inclusion of any third-party materials does not in any way imply or express affiliation, endorsement, or sponsorship by JollyMax of any linked materials.

 

5. Digital Product& Services

5.1 You can purchase Digital Product through payment channels available to you on the Site. Unless otherwise permitted by JollyMax in writing, you are prohibited from selling, transferring or otherwise disposing of the items to any other persons, whether within or outside the confines of the Site.

5.2  In respect of Digital Product purchased through the Site, the relevant Publishers that issued the Digital Product and not JollyMax, are solely responsible for redeeming the Digital Product, and for providing goods or services to you in exchange. Please read the instructions on corresponding page carefully before purchasing the Digital Product, and purchase after your acceptance of the relevant instructions.

5.3 The price for purchasing Digital Product is solely determined by JollyMax or the Publishers and will be displayed on the Site at the point of purchase. We can change the prices at any time and you understand that we do not provide any price protection or refund in case of price reduction. The currency applicable to your payment may depend on various factors (e.g., the jurisdiction where you make the purchase).

5.4 Digital Product is of no monetary value and cannot be redeemed or exchanged for cash, cash equivalent, legal lender, legal currency, or any other property.

5.5 JollyMax may at any time or from time-to-time sub-contract and/or appoint our subsidiaries, affiliates, related entities and/or any third-party service provider(s) to operate the Site and/or provide the Services and/or part thereof on our behalf at our absolute discretion. We shall have the rights to delegate, transfer, assign or novate, in whole or in part, our rights, benefit or obligations to our subsidiaries, affiliates, related entities or appointed third party service provider(s) without your consent and without notice to you.

5.6 You agree that to the extent permitted by law, the transaction made via JollyMax cannot be refuted once initiated. 

5.7 Please be sure the Digital Product is right for you before purchasing. JollyMax does not support refunds to the maximum extent permitted by laws and regulations. Users are solely responsible for confirming that their devices are compatible with the products they purchase. All Digital Products purchased are final, non-refundable and non-returnable. We do not offer refunds or exchanges for the incorrect purchase of JollyMax Service, including due to compatibility issues.

5.8 JollyMax has no control over the quality, fitness for purpose, safety, reliability, legality, or any other aspect of any good or service provided by a Publisher that you purchase using the Service. Except as otherwise indicated in these Terms, JollyMax will not be obliged to issue refunds if a purchase does not meet your expectations, or if the relevant Publisher does not fulfil its commitments.

 

6.Ownership and Intellectual Property Rights

6.1 The Service are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. JollyMax, our affiliates, licensors, or our service providers own all legal right, the title, interest, copyright and other worldwide intellectual property rights in the Service and all copies of the Service improved, updated, upgraded, modified, or customized and any software or documents provided to you as part of or in connection with the Service, including, without limitation, all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist.

6.2 In addition, this Terms of Use does not grant you any rights to the intellectual property rights in the Service. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein.

6.3 Unless you have agreed otherwise in writing by JollyMax, nothing in the Terms of Use gives you a right to use any of JollyMax’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

6.4 Unless you have been expressly authorised to do so in writing by JollyMax, you agree that in using the Service, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

6.5 By using or accessing the Services, you agree to comply with the copyrights, trademarks, applicable intellectual property related legislations and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell or create derivative works of any portion of the Services, the Site or its Content. You also may not, unless with our prior written consent, mirror or frame any part or whole of the contents of the Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

 

7.JollyMax’s Rights

7.1 JollyMax may from time-time-time require verification of your identity. This verification process is required for purposes including but not limited to:

(a)  fulfilling JollyMax’s obligations to the relevant authorities to combat against suspicious or unlawful activities, anti-money laundering activities and the funding of terrorism;

(b)  enabling JollyMax to take action when unauthorized usage of JollyMax accounts has been detected; and

(c)  resolving any disputes relating to the ownership of a JollyMax account.

7.2 You hereby irrevocably authorize JollyMax, whether acting on its own or through its third-party service providers, to make any inquiries and to collect any documentation that it considers necessary to verify your identity. As part of this verification process, JollyMax shall request, and you shall provide to JollyMax, information about yourself that is true, accurate, current and complete, and which can be verified through documentation that is legally recognized and accepted in the location in which such documentation is issued.

7.3 We reserve the right to change, modify, suspend or discontinue all or any part of the Site and/or Services at any time or upon notice as required by applicable laws. We may also impose limits on certain features or restrict your access to parts of, or the entire Site and/or Services in our sole discretion and without notice and any liability to you.

7.4 For enhancement and improvement purposes, JollyMax may from time-to-time conduct software evaluation to assess the performance level of the Site and/or Services. You hereby irrevocably grant to and authorize JollyMax to conduct periodical review on your Account, including but not limited to assessing the activities and/or transactions carried out by you on the Platform or via your Account.

7.5 JollyMax may suspend and restrict your access to any or all the JollyMax Service if:

(a) we are so required by a court order or binding order of a government authority;

(b) we reasonably suspect you of using your JollyMax account in connection with a prohibited use;

(c) use of your JollyMax account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity; and/or

(d) breach of any of the provisions under this Terms of Use.

7.6 JollyMax reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your JollyMax account(s) and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your JollyMax account is associated with a prohibited use.

7.7 JollyMax makes no representation or warranty, express or implied, to the extent not prohibited by applicable laws, regarding the advisability of using any of the Service.

7.8JollyMax reserve the right and discretion to reject or decline any transaction for any reason or set limits on transaction types and/or amounts.

7.9 You irrevocably and unconditionally allow and permit JollyMax to send to your Account updates on services and events offered or provided by JollyMax.

7.10 Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, its content) may not always be entirely complete or current. In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies and Service.

 

8. Availability

8.1 Whilst we endeavour to ensure that the Site and/or Services are secured, You acknowledge and agree that the entire risk arising out of the access, use or performance of the Site and/or the Services shall remain with you to the fullest extent permitted by applicable law.

8.2 You agree and understand that the availability of the Service is dependent on the network and systems availability of our service providers, the payment channels, the Publishers, and/or our affiliates and subsidiaries.

8.3 You are aware that all transactions conducted on the Site are through telecommunication and data networks. You are fully aware that your receipt of the notification from JollyMax and vice versa may be delayed or prevented by factors affecting the relevant service providers and other relevant parties. You accept that JollyMax cannot guarantee the prompt delivery of such notification or confirmation.

8.4 The Site and/or Services are provided ‘as is’ and ‘as available’ basis without any warranties, claims or representations made by us of any kind either expressed, implied or statutory, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, custom or trade usage. Without limiting the foregoing and to the fullest extent permitted by applicable law, we do not warrant that the Site and/or Services or the functions contained therein will be available, accessible, uninterrupted, timely, secured, accurate, complete or error-free, that defects, if any, will be corrected, or that the Site and/or the Server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, Trojan-Horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components. JollyMax won’t be liable for any claims arising from or in connection with that.

8.5 The JollyMax Service may be temporarily unavailable from time to time for maintenance or other reasons. JollyMax assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. JollyMax is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the internet and/or in connection with the Service. Under no circumstances will JollyMax be responsible for any loss or damage, including any loss or damage to any user of content of the Site, financial damages or lost profits, or loss of business, resulting from anyone's use of the Service and the Site, any user content or third-party content posted on or through the Service or the Site or transmitted to users, or any interactions between users of the Site, whether online or offline.

 

9. Disclaimers, Exclusions and Force Majeure

9.1 To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the Service, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights.

9.2 Limitation on Liability. Subject to the overall provisions stated above, you expressly understand and agree that in no event shall JollyMax, its affiliates, and its or their licensors or service providers be liable to you for:

(a) any direct, indirect, incidental, special, consequential, punitive or exemplary damages, costs, losses, penalties, fines, charges or expenses which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of profits, any loss of data or other information suffered, business interruption, cost of procurement of substitute goods or Services, loss of privacy arising out of or in any way related to the use of or inability to use the Service or other intangible loss;

(b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Service;

(c) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Service.

9.3  In the event of any jurisdiction does not allow limitations on implied warranties or the exclusion or limitation of certain damages, all or part of the disclaimers as listed above in clause 9.2 may not apply.

9.4 You agree to indemnify and hold JollyMax, its affiliates, its licensors, its service providers, and its and their respective officers, directors, employees, agents, successors, assignees and licensors, in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions (including, without limitation, lawyer’s and experts’ fees) or other proceedings as a result of:

(a) fraud, negligence and wilful misconduct by you in the use of the Service;

(b) violation of applicable laws, rules or regulations in the use of the Service and/ or in the conduct of your business or in relation to any information available as part of the Service, including but not limited to the legal provisions mentioned thereafter;

(c) breach of the confidentiality obligations under these Terms of Use; your wrongful or improper use of the JollyMax Service and breach of any third party rights;

(d) fines, penalties and charges imposed by the acquiring bank, card payment networks or any governmental authority on account of transactions on the website or platform or the use of personal information or data that are in violation of applicable law.

9.5 JollyMax shall not be liable for any delay or failure to perform the Services, regardless of the cause of such delay or failure. Such causes may include but not limited to an Act of God, riot, civil commotion, strike (whether or not involving employees of JollyMax), lockout or other labour disturbance, fire, war, acts of foreign enemies, power outage, pandemics, epidemics, network congestion, telecommunications failure, electrical power failures, or any fault, interruption, disruption or malfunction of equipment, tools, utilities, communications, computer (software and hardware) services or networks, government order or change in any law or regulation which renders the performance impractical.

9.6 You acknowledge, accept, and agree that all disclaimers, exclusions and limitations of liability set out in these Terms of Use represent a fair and reasonable allocation of risks and benefits of the agreement between JollyMax and you, taking all relevant factors into consideration, including without limitation the value of the consideration provided to you by JollyMax. You further agree that these disclaimers, exclusions and limitations shall be enforceable to the fullest extent permitted by applicable law.

 

10.Complaints and Dispute Resolution

10.1 These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong without regard to the conflict or choice of law principles.

10.2 If you have a dispute with JollyMax, you agree to contact JollyMax through our support team in first instance to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through the JollyMax support team, you agree that the dispute will be resolved in the manner described immediately below.

10.3 Each party (i) waives all its respective right(s) to have any and all disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") arising from or related to these Terms of Use resolved in a court, and (ii) waives all its respective right(s) to have any Disputes heard before a court. Instead, each party shall arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

10.4 Any Dispute arising out of or related to these Terms is personal to you and will be resolved solely through individual arbitration, and shall in no circumstances be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an entity attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

10.5 Any Dispute arising out of or in connection with these Terms of Use (including without limitation the enforceability of this section or any question regarding its existence, validity or termination) shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Hong Kong. The tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.

 

11.Privacy and Disclosure

For information about the way in which we collect, process and share your personal data, please refer to our Privacy Policy, the full text of which is accessible on the website of JollyMax.

  

12.General Provisions

12.1 Assignment

You may not assign any rights and/or licenses granted under these Terms of Use. We reserve the right to assign our rights without restriction, including without limitation to any JollyMax affiliates or subsidiaries, or to any successor in interest of any business associated with the Service. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns. In the event that JollyMax is acquired by or merged with a third-party entity or undergoes a change of control, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

12.2 Confidentiality

You agree not to disclose or attempt to use or personally benefit from any non-public information or information that by its nature should be considered confidential (“Confidential Information”) that he may learn on the website or through the services. You shall hold such Confidential Information in confidence and shall not disclose Confidential Information to any third party without our prior written consent. You acknowledge and agree that a breach of this clause would cause irreparable harm and that we shall be entitled to seek equitable relief from such breach. This obligation shall continue until such time as the non-public information has become publicly known through no action of your own. If you are compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any such non-public information, you agree to promptly and diligently notify JollyMax and cooperate fully with JollyMax in protecting such information to the extent possible under applicable law.

12.3 Notices

All notices we send to you under this Terms may be sent by means of homepage announcements, messages, official website, E-mail and SMS.

You consent to receive communications from us in electronic form and agree that all terms and conditions, notices, rules, disclosures, policies, and other communications from JollyMax provided electronically to you shall be deemed to satisfy any legal requirement relating to communications in writing and shall be deemed to be given on the date of the electronic communication.

12.4 Severability

If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

12.5 Termination

We may terminate or suspend use of the Service or the Site at any time in our discretion, with notification to you. Upon any termination for any reason, we shall have no liability to you and no further obligations under the Terms of Use.

12.6 Survival

The following provisions of these Terms of Use shall survive termination of your use or access to the Service and the Site: the sections concerning Intellectual Property, Liability and Indemnity, Complaints and Dispute Resolution and General Provisions, and any other provision that by its terms survives termination of your use or access to the Service and the Site.

12.7 Contacting JollyMax

If you have feedback or general questions, please contact us via our user support at service@jollymax.com . When you contact us you may need to provide some information we may need to identify you, your JollyMax account(s), and the matter or transaction in relation to which you are contacting us.