Legal - Razer Silver Terms & Conditions

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GENERAL TERMS

INTRODUCTION
1. These Terms and Conditions ("Terms and Conditions") are offered to you ("you") by Razer Online Pte Ltd, and/or its corporate affiliates as applicable (collectively, "Razer") and govern the Razer Silver programme (the scope of programme being described in section 3 below and hereinafter referred to as “the Programme”).
2. Razer reserves the right to amend the Terms and Conditions at any time by posting a revised version on Razer's main website (www.razer.com) and/or other websites managed by Razer (collectively, "Razer Sites"). Unless otherwise set out herein, the revised Terms and Conditions will be effective at the time that Razer posts it. Your continued use of the Programme shall constitute your acceptance of the prevailing Terms and Conditions including any term which may have been amended. You are responsible to regularly check these Terms and Conditions. If you do not agree to the revised Terms and Conditions, your sole remedy will be to cease use of your Razer Silver account immediately.
3. The Razer Silver website may be displayed in a variety of languages to enhance user experience and interaction. Save as otherwise expressly stated herein, the display of any particular language or translation is purely to improve user experience generally, and shall not be construed to mean that Razer Silver is targeting or operating specifically in any particular country.
4. By accessing and using the Razer Silver Programme, you accept and agree to all of the terms and conditions contained in these Terms and Conditions, the General Terms of Use (located at https://www.razer.com/legal)) and the Privacy Policy (located at http://www.razer.com/privacy-policy). In the event of any conflict or inconsistency between any of the aforementioned terms and conditions, the Terms and Conditions will prevail followed by the General Terms of Use and the Privacy Policy (collectively, "Applicable Terms"). If you do not accept and agree to any of the aforementioned terms and conditions, you should immediately stop accessing and using the Razer Silver Programme.
5. Razer Silver is a loyalty rewards programme. It is a limited purpose digital payment token and is not regulated.
IDENTITY VERIFICATION
1. Razer may from time to time require verification of your identity to confirm your ownership of your Razer Silver account. This verification process is required for purposes including but not limited to: (i) enabling Razer to take action when unauthorised usage of Razer Silver accounts has been detected; and (ii) resolving any disputes relating to the ownership of a Razer Silver account.
2. You hereby authorise Razer, 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, Razer shall request, and you shall provide to Razer, information about yourself that is true, accurate, current, and complete, and which can be verified through documentation that is legally recognised and accepted in the location in which such documentation is issued.
RAZER SILVER PROGRAMME
1. Razer Silver Loyalty Rewards Programme
  1. Razer Silver is a loyalty rewards programme. The Razer Silver program allows users to earn Razer Silver by spending Razer Gold, purchasing products from Razer.com and participating in Razer’s software and services. Razer Silver can only be earned and cannot be purchased with fiat. Users may redeem Razer Silver for rewards offered by Razer and Razer’s partners.
  2. Unless explicitly stated otherwise, any new features that augments or enhances the current Programme, including the release of new Razer Site(s) portal properties, shall be subjected to the Terms and Conditions. You understand and agree that the Programme is provided on an "As-Is Basis" and that Razer assumes no responsibility for the timeliness, currency, deletion, undelivered or failure to store any user communications or personalisation settings.
  3. Razer Silver is not legal tender and cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent described herein or as required by applicable law. Razer prohibits and does not recognise any purported transfers of Razer Silver outside of the Razer Silver platform/Programme, or the purported sale, lease, gift or trade in the “real world” of anything that appears or originates outside of Razer Silver.
  4. The Razer Silver awarded to a user has a validity of twelve (12) calendar months from the end of the month that includes the date the Razer Silver was awarded and will automatically expire if unutilised within the validity period. Notwithstanding anything to the contrary, Razer Silver is not equivalent to any currency amount and may not be converted into any currency.
2. Razer Silver Redemptions
  1. ALL REDEMPTIONS MADE USING YOUR RAZER SILVER ARE FINAL AND ARE NON-REFUNDABLE.
  2. All Razer Silver Redemptions must be made in the credits specified in the user interface for the Programme.
  3. You may view your transaction history for the past three (3) months by accessing the "Transaction History" section on your Razer Silver dashboard.
  4. If you notice any discrepancies in your Razer Silver transactions, you should notify Razer immediately. Razer will commence investigation of the discrepancy as soon as it acknowledges receipt of your case, and you will be informed of the results of Razer's investigation within seven (7) business days after the date of completion of the investigation. All decisions of Razer in respect of such investigations are final.
3. Purported use/access
  1. You agree and acknowledge that any use or purported use of or access to or purported access to the Razer Silver Programme made referable to your user account with Razer (other than due to Razer's gross negligence) shall be deemed to be access to and/or use of the Razer Silver Programme by you and you agree to be bound by any such access and/or use of the Razer Silver Programme (whether such access or use are authorised by you or not).
4. Razer Silver Requirements
  1. By accessing and using the Razer Silver Programme, you warrant and represent that:
    1. you are at least the age of majority in your jurisdiction and/or state of residence, or that you are the age of majority in your jurisdiction and/or state of residence and you have given Razer your consent to allow any of your minor dependents to use the Razer Silver Programme;
    2. you are capable of entering into a legally binding agreement and not be barred from doing so under any applicable laws;
    3. you are a resident in a region where the Razer Silver Programme is available;
    4. you are using your actual identity;
    5. the personal particulars that you have provided upon request by Razer for use of the Razer Silver Programme are true, accurate, complete and current;
    6. you will maintain and promptly update your personal particulars, and ensure that such particulars are kept true, accurate, complete and current; and
    7. you are not subject to any sanctions, nor are you using Razer Silver in any activity involving sanctioned individuals, entities, or countries.
  2. In order to use your Razer Silver account, you must have a user account that is in good standing with Razer in accordance with the terms and conditions of the Razer Sites. If your user account with Razer is terminated for any reason, you will cease to have access to your Razer Silver account and the Programme.
  3. You understand that you are solely responsible for maintaining the confidentiality of your password. Razer may require you to change your password periodically.
  4. Razer Silver account cannot be transferred and will solely belong to the named user of the Razer Silver account.
RESTRICTED ACTIVITIES
1. In accessing and/or using Razer Silver, you shall not at any time, directly or indirectly engage in any of the following activities ("Restricted Activities"):
  1. breach the Applicable Terms and any other legally binding agreement that you have entered into with Razer;
  2. violate any law, statute, ordinance, or regulation;
  3. infringe Razer's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  4. provide false, inaccurate or misleading information about yourself;
  5. refuse to cooperate in an investigation or provide confirmation of your identity;
  6. use an anonymizing proxy to disguise the place of your residence, whether to bypass geographical restrictions on Razer Silver content, to purchase or redeem at pricings or currencies not applicable to your geographical residence, or for any other purpose;
  7. engage in potentially fraudulent or suspicious activities;
  8. use your Razer Silver account in a manner that Razer reasonably believes to be an abuse of the Razer Silver Programme;
  9. control a Razer Silver account that Razer reasonably believes is linked to another Razer Silver account that is engaging in any of these Restricted Activities;
  10. defame, make libellous statements against, threaten, or harass any Razer staff or any other personnel engaged by Razer in relation to the Razer Silver Programme;
  11. disclose or distribute another user’s information to a third party, or use the information for any purposes unless you receive the user's express consent to do so;
  12. take any action that imposes an unreasonable or disproportionately large load on Razer's infrastructure;
  13. access any Razer system in any way that is not expressly authorized by Razer;
  14. reproduce, attempt to reproduce, or counterfeit, any Razer Silver;
  15. facilitate or allow any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information;
  16. use any robot, spider, other automatic devices, or manual process to monitor or copy the Razer Silver without Razer's prior written permission;
  17. use any device, software or routine to bypass Razer's robot exclusion headers, or interfere or attempt to interfere with the Razer Silver Programme;
  18. take any action that may cause Razer to lose any of the services from its internet service providers, payment operators, or other third parties;
  19. alter, remove, cover, or otherwise deface any identification, trademark, copyright, or other notice from any part of the Razer Silver Programme;
  20. using Razer Silver in any activity involving sanctioned individuals, entities, or countries; and/or
  21. in Razer's absolute discretion, reflect poorly or tarnish Razer's reputation.
INTELLECTUAL PROPERTY
1. All intellectual property rights in the Razer Silver Programme are the property rights of Razer and its respective third-party licensors. Razer grants to you a non-exclusive, non-transferrable, and revocable right to access and use the services made available by Razer on the Razer Sites for your personal purposes. You are strictly prohibited from re-selling or re-providing the Razer Silver Programme to any other person.
2. These Terms and Conditions do not confer you any right to use any trademark(s) or product/service trade name(s) that are owned or registered by Razer. Written approval must be obtained from Razer prior to any use of such trademark(s) or product/service trade name(s).
3. Save as provided herein, nothing in these Terms and Conditions shall be construed or deemed as granting or providing to you any right, license, interest, or permission to deal with any intellectual property right of Razer in any way including, without limitation, the right to copy, de-compile, transfer, publish, store, create derivative works or use the same and the right to use the Razer Silver Programme in an unauthorised manner. You shall not reverse engineer or attempt to reverse engineer any Razer systems or Razer Silver. You shall promptly notify Razer if you are aware of any third parties engaging in the aforementioned activities.
LOST OR STOLEN RAZER SILVER
1. You agree to immediately notify Razer by contacting our Customer Care Support in the event there is any fraudulent or unauthorised use of your password or Razer Silver account or any other breach of security. Our Customer Care Support shall immediately suspend your Razer Silver account and investigate your complaint and respond to you as soon as possible. However, Razer shall not be liable to compensate your loss as it is your duty to take the necessary precautions to safeguard your password.
SUSPENSION OR TERMINATION OF SERVICE
1. Razer-Initiated Suspension or Termination
  1. Razer may in its sole discretion suspend or terminate your access to the Razer Silver Programme/account with immediate effect (without entitling you to receive any compensation in respect of such suspension or termination) if:
    1. you have created, or are likely to create, imminent harm (including an interruption, disruption or congestion) to Razer's network or computer systems;
    2. you have engaged, are engaging, or are suspected to be engaging, whether directly or indirectly, in the Restricted Activities;
    3. you have attempted to defraud Razer, or any third party using Razer Silver;
    4. your user account with Razer is terminated for any reason;
    5. Razer is acting in compliance with a requirement of any relevant regulatory authority or law enforcement body;
    6. Refuse to cooperate in an investigation or provide confirmation of your identity when requested;
    7. you become subject to any bankruptcy proceedings;
    8. you are in breach of any clauses of the Terms and Conditions, and you fail to remedy such breach within thirty (30) days of written notice from Razer specifying such breach;
    9. you have at any time provided any false or incomplete information to Razer, and have failed to provide Razer with such true and complete information within ten (10) days of written notice from Razer requesting for such information;
    10. the requirements of any relevant regulatory authority result in Razer having to stop making available the Razer Silver Programme or to make available the Razer Silver Programme in a manner that is unacceptable to Razer;
    11. you are or become subject to any sanctions, or are using Razer Silver in any activity involving sanctioned individuals, entities, or countries; and/or
    12. in the sole discretion of Razer, Razer suspects that your Razer Silver account has been accessed in an unauthorised manner or that the security of your Razer Silver has been compromised in any way, and you fail to adopt such remedial steps as may be prescribed by Razer within five (5) days from Razer specifying such steps.
  2. Where Razer has suspended your access to the Razer Silver Programme in accordance with this section 7, Razer may in its sole discretion restore such suspended access if you have sufficiently demonstrated to Razer that the initial cause for the suspension has been resolved.
  3. In addition to the above, Razer may upon providing you with at least thirty (30) days' written notice:
    1. suspend your access to the Razer Silver Programme/account if Razer, in its sole discretion, determines that such suspension or termination is necessary to repair, maintain or improve the Razer Silver Programme; and/or
    2. terminate your access to the Razer Silver Programme/account if Razer, in its sole discretion, decides to cease provision of the Razer Silver Programme.
  4. Where Razer has suspended your access to the Razer Silver Programme/account for any reason, you will not be able to utilise any Razer Silver that are in your Razer Silver account during the period of suspension. You will be able to resume use of your Razer Silver when your access has been restored.
  5. Where Razer has terminated your access to the Razer Silver Programme/account for any reason, notwithstanding anything to the contrary in these Terms and Conditions, all unused Razer Silver will immediately expire, and be removed from your Razer Silver account.
  6. You will not be entitled to any compensation from Razer arising from any expiry and removal of Razer Silver or Razer Silver from your Razer Silver account pursuant to this section or these Terms and Conditions.
  7. Under no circumstances is Razer liable to you or any third party for any suspension or termination of your access to the Razer Silver account.
  8. You understand that in addition to Razer's suspension or termination of your access to the Razer Silver Programme/account, Razer reserves the right to commence legal action against you in relation to your breach of these Terms and Conditions.
2. User-Initiated Termination
  1. You may, at any time, request the deactivation of your Razer Silver account through your user account with Razer. Prior to the deactivation of your Razer Silver account, Razer reserves the right to collect from you, and you shall pay to Razer, all fees, surcharges, or costs that you have incurred prior to the deactivation. You shall not be entitled to access any of the Razer Sites unless you have settled such fees, surcharges, or costs in full.
  2. Upon deactivation of your Razer Silver account, all unused Razer Silver will immediately expire and be removed from your Razer Silver account and you will not be entitled to any compensation from Razer arising from such expiry and removal of your Razer Silver.
  3. In the event of any termination, unless otherwise required by a mandatory law of any jurisdiction, all unused Razer Silver will not be refunded to you.
DISCLAIMERS AND LIMITATION OF LIABILITY

Availability of the Razer Silver Programme
1. Razer does not guarantee that the Razer Silver Programme/platform will be uninterrupted, secure, error-free, and free from viruses or other harmful components.
2. You agree and understand that: (i) the availability of the Razer Silver Programme is subject to the availability of resources, including but not limited to network availability; and (ii) the use of the Razer Silver Programme may be subject to any telecommunications, electronic or system failures, interruptions (whether of Razer or any third party), or disruptions (whether or not due to the inherent hazards of electronic distribution).
3. THE RAZER SILVER PROGRAMME IS PROVIDED 'AS IS'. RAZER AND ITS AFFILIATES, OFFICERS AND EMPLOYEES GIVE NO GUARANTEE, REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IN RESPECT OF ANY ACCURACY, QUALITY, COMPLETENESS, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OF ANY SOFTWARE, INFORMATION OR DATA, DIRECTIONS, INSTRUCTIONS OR NOTICES, VIEWS, OPINIONS AND RECOMMENDATIONS AVAILABLE ON, RECEIVED FROM, TRANSMITTED TO, OR PROVIDED PURSUANT TO THE RAZER SILVER PROGRAMME.
4. OTHER THAN LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF THE RAZER SILVER PROGRAMME, ANY CONDITION OR WARRANTY WHICH MAY BE IMPLIED OR INCORPORATED WITHIN THE TERMS AND CONDITIONS BY REASON OF STATUTE OR COMMON LAW OR OTHERWISE (INCLUDING WARRANTIES AS TO MERCHANTABILITY, SUITABILITY, SATISFACTORY QUALITY AND FITNESS FOR PURPOSE) IS HEREBY EXPRESSLY EXCLUDED.
5. In no event will Razer, its employees, subsidiaries, related corporations, associates, affiliates, and service providers be liable for any loss suffered by you or anyone else in connection with any of the following:
  1. decision made or action taken by you or anyone else in reliance on the Razer Silver Programme, or as a result of the use of the Razer Silver Programme;
  2. your failure to comply with your obligations as set out in the Terms and Conditions;
  3. any act or omission of any underlying carrier, service provider (including Razer's service providers), vendor, participating merchant or third party;
  4. any cause that is beyond the control of Razer, including without limitation, the failure of an incoming or outgoing communication; and
  5. incorrect, false and/or incomplete information that you have provided to Razer.
  Limitation of Liability
6. In no event shall Razer's aggregate liability to you for any claims under or pursuant to these Terms and Conditions exceed the value of the outstanding Razer Silver in your Razer Silver account at the time that your claim arose.
7. To the maximum extent permitted by applicable law, in no event shall Razer be liable for any special, incidental, indirect, or consequential damages or loss whatsoever (including, but not limited to, damages for loss of profits or loss of confidential or other information, for business interruption, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Razer Silver, or otherwise under or in connection with any provision of these Terms and Conditions, whether arising by tort (including negligence), strict liability, breach of contract or breach of warranty by Razer, and even if Razer has been advised of such damages.
RULES FOR SWEEPSTAKES, CONTESTS AND GAMES
1. Any sweepstakes, contests or games that are accessible through the Site are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to this Terms and Conditions, governs any information you submit in connection with such sweepstakes, contests and games.
INDEMNIFICATION
1. Unless otherwise provided by applicable law, you shall indemnify Razer, its employees, subsidiaries, related corporations, associates and affiliates against any and all loss (including reasonable legal costs) suffered by Razer, its employees, subsidiaries, related corporations, associates and affiliates to any person as a result of your breach of the Applicable Terms.
COMMUNICATION WITH RAZER
1. All communications with Razer regarding the Razer Silver Programme or your account may be filed through the Ticket Inbox located on your Razer Silver dashboard.
Your Razer ID Account is enabled to receive and hold Razer Silver for your convenience. If you delete your Razer ID Account, you will also irretrievably lose all the Razer Silver recorded under that Razer ID Account. .FORCE MAJEURE
1. Razer shall not be liable for any delay or failure to comply with its obligations under these Terms and Conditions, where the cause of such delay or failure is beyond its reasonable control. Such causes may include an act of God, riot, civil commotion, strike (whether or not involving employees of Razer), lockout or other labour disturbance, fire, war, acts of foreign enemies, perils of the sea, power outage, epidemics, network congestion, telecommunications failure, electrical power failures, or any faults, interruption or disruption of the networks of any service provider or of your equipment or the equipment of any third party.
GOVERNING LAW
1. Unless otherwise required by a mandatory law of any other jurisdiction or as set out in the Location Specific Terms, these Terms and Conditions (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of Singapore, without regard to choice or conflicts of law principles.
2. Razer does not accept any codes of conduct as mandatory in connection with the services provided under these Terms and Conditions.
3. Unless otherwise set out in the Location Specific Terms, any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
ENTIRE AGREEMENT, SEVERABILITY, WAIVER, ASSIGNMENT
1. These Terms and Conditions and other legal notices published by Razer on the Razer Sites applicable to the Razer Silver Programmes shall constitute the entire agreement between you and Razer concerning your access and use of Razer Silver. If any of the provisions of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining provisions of these Terms and Conditions, which shall continue in full force and effect. No waiver shall be deemed a further or continuing waiver, and Razer’s failure to assert any right under these Terms and Conditions shall not constitute a waiver of such right. You agree that any cause of action arising out of or relating to the Razer Silver Programme must commence within 1 year after the cause of action arises, and otherwise is permanently barred. You may not assign or transfer these Terms and Conditions, but Razer may assign the Terms and Conditions without restriction and without prior notice to you.
SURVIVAL
1. All sections of these Terms and Conditions so intended to survive after the termination or expiration of these Terms and Conditions shall survive such termination or expiration.
TRANSLATIONS OF TERMS AND CONDITIONS
1. Any translation of these Terms and Conditions is provided solely for your convenience and is not intended to modify these Terms and Conditions. In the event of a conflict between the English version of these Terms and Conditions and a version in a language other than English, the English version will prevail.
RELEASE
1. To the extent permitted under applicable laws, you hereby release and forever discharge Razer (and its officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions or exchange of goods with, or act or omission of, other Razer Site users or your participation in any transaction with any third party, including any claim for personal injury, property damage, or death.
ELECTRONIC COMMUNICATIONS
1. The communications between you and Razer use electronic means, whether you visit the Razer Sites or send Razer e-mails, or whether Razer posts notices on the Razer Sites or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Razer in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Razer provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

RAZER SILVER TERMS AND CONDITIONS