TERMS AND CONDITIONS

DO WE USE COOKIES?

Please read these terms and conditions carefully. These terms and conditions govern and apply to all and any use, access and availability of the Service (as defined below).

These terms and conditions also include our e-commerce terms, competition rules, and end-user license agreement for any Games that you buy through the Service and our separate Privacy Policy and Terms of Service.

By accessing the Service (and each time that you do so) you signify that you have read, understand and are able to agree to be bound by these terms and conditions (including any terms and conditions incorporated into or referred to by these terms and conditions) whether or not you have a registered HEYBOX account. You can use the Service through one registered account.

1. INTRODUCTION AND DEFINITIONS

The following services are made available by SAPPHIRE ENTERTAINMENT (HK) CO., LIMITED, ROOM 09, 27/F,HO KING COMMERCIAL CENTRE,2-16 FA YUEN STREET, MONGKOK,KOWLOON with company number 010-84158300, and all subsidiaries of ("SAPPHIRE ENTERTAINMENT", “we”, “us” or “our”):

- the online digital distribution e-commerce and entertainment platform owned and operated by HEYBOX and available from time to time at or using:

- our website heybox.hk or such other websites as we operate from time to time (the “Website”), or

- the software we make available for mobile or other devices which may be labelled “HEYBOX” or such other software as we may make available (together with any online or electronic documentation and all patches, updates and supplements thereto) (the “Apps”) or

- through partner websites which are made available by third parties (the “Partner Websites”);

- we may make Games (defined below) digitally available for purchase, resale and / or download through the Website, Apps or Partner Websites;

- content, materials, postings, data, messages and communications sent, posted, placed on, made to or otherwise communicated to, from or using the Website, Apps or Partner Websites (our “Communications”);

- the online social network made available by us which may, from time to time be accessed in part or in full through one or more of the Website or Apps, and allow registered users and gamers to track their game statistics, and see what their friends are playing;

(together, the above constitute our “Service”).

“Communications” means any content, materials, postings, data, messages and communications sent, submitted, posted, placed on, made to or otherwise communicated to, from or using the Service;

“Game” or “Games” means those computer or console games, digitally available which are or may be purchased and / or downloaded using the Service and resold to or through the Website in accordance with these terms and conditions and used in accordance with the applicable Game EULA;

“Game EULA” means the end user licence agreement applicable to a Game in the form substantially set out in Section 24 below;

By using the Service, and each time that you do so, you are telling us that you understand, accept and are able to accept these terms and conditions and agree to be bound by them. If you do not accept or understand these terms and conditions you should not use or access the Service or any part of them. By using and accessing the Service you confirm that you have the necessary hardware, software and capability required and that you shall be and shall remain responsible for all fees due in respect thereof. We shall have no liability in relation to any hardware, software or other services required to make use of the Service.

If you are under the age of 16 and do not understand these terms and conditions please ask a parent or guardian to explain their meaning to you.

We may make alterations to these terms and conditions from time to time and these variations shall become effective immediately upon being accessible from heybox.hk/om/app/protocol/terms. We will use our reasonable efforts to notify you of any such changes, which will not apply to any earlier use of the Service or purchases of Games through the Service.

Your continued use of the Website will be deemed acceptance of the updated or amended terms and these variations shall become effective immediately upon being accessible. If you do not agree to the changes, you should cease using the Service. If there is any conflict between these terms and specific local terms appearing elsewhere on the Service then these terms shall prevail.

2. REGISTRATION, ACCOUNT AND PASSWORD

In order to use and access the Service you will need to register. To register you will need to submit certain information and choose a user name and a password.

The user name and password chosen by and/or issued to you for the purpose of accessing the Service is personal to you so that you can use and access the Service and must not be disclosed to any person without our prior written consent.

You agree, accept and understand that:

- We consider one account per individual / household as 'fair use', and reserve the right to ban (deactivate) any user who is in possession of more than one/multiple accounts;

- You must ensure that all information held about you by us is up to date;

- You can amend your registration details at any time through the Service (as appropriate);

- You are and shall remain solely responsible for maintaining the confidentiality of your user name and password; and

- You are solely liable for any use of the Service using your username and password whatsoever.

When you create a HEYBOX account, your profile will be set for 'Public' view. This means that other users will be able to view any game reviews you write and the games you own or have added to your Want List. In addition, if you choose to link your Steam account to your HEYBOX account, other users will be able to view your gameplay data including top played games and game activity. If you prefer not to share this information, you can change your profile to 'Private' within the 'Settings' tab in 'My profile'.

DO NOT SHARE YOUR USERNAME OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. WE ARE NOT LIABLE FOR ANY IMPROPER USE OF YOUR USER NAME, PASSWORD, OR ACCOUNT OR ANY USE BY ANY THIRD PARTY. IF YOU THINK YOUR USER NAME, PASSWORD, OR ACCOUNT HAVE BEEN COMPROMISED IN ANY WAY YOU MUST INFORM US IMMEDIATELY.

You undertake that all the information supplied during registration is truthful, complete and correct. If the information you have supplied is incomplete or incorrect you agree to indemnify (compensate) us against any loss or damage incurred by us and/or any third parties who may suffer damage as a result of the information that you have supplied.

3. RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS

Subject to these terms and conditions and your compliance with them, we grant you a non-exclusive, non-transferable, personal, limited license to access and use the Service solely for your private, non-commercial, personal use only.

This license includes the limited right to download content, materials, data and communications temporarily, for purposes solely connected with the private, non-commercial, personal use of the Service and the right to download, install and use the Apps in accordance with these terms and conditions and any applicable end user licence agreement.

You may not transfer, sub license or deal in this right without our prior written permission.

These terms and conditions and the rights granted by them do not give you any title or rights of ownership in any part of the Service and should not be deemed a sale or transfer of any copyright or other intellectual property rights subsisting in it.

Unless otherwise expressly specified, all copyright, design rights, database right, patent rights, trademark and trade dress rights and other intellectual property rights in the Service (in any part of the world, whether registered or unregistered) belong to and vest in us, or are licensed by us (as appropriate). All our intellectual property rights are hereby asserted and reserved.

All third party trade names and trademarks are the property of their respective owners and we make no warranty or representation in relation to them. We do not claim or assert any right title or interest in any third party Communications.

4. RESTRICTIONS AND OBLIGATIONS

You agree to comply with all rules applicable to the use of the Games purchased or otherwise obtained through the Service including but not limited to the applicable Game EULAs.

Notwithstanding any other provision of these terms and conditions you agree and undertake not to:

- Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them (save to the extent which expressly cannot be prohibited in accordance with applicable mandatory law in your jurisdiction);

- Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service;

- Create software which mimics any data or functionality in the Service;

- Use or deal in the Service except as permitted by these terms and conditions;

- Include contact details intended to enable communication outside of the Service, in any Communication;

- Use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email;

- Make any public, business or commercial use of the Service or any part of them;

- Provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the Service without our prior written permission;

- Make the Service or any part of it available to any third party (please note this does not stop you from fairly and honestly providing links to the Website or Apps, or showing either to other people);

- Use or process the Service or any part of them unfairly or for any illegal or immoral purpose; or

- Delete or obscure any copyright or other proprietary notice on the Service.

The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third party software to modify any aspect of the Service, whether for the purpose of securing an unfair advantage over other users in a Game or otherwise, and you expressly consent to our monitoring your computer's random access memory for the purpose of identifying said unauthorized third party programs.

5. FORUM AND COMMUNICATIONS

The Service consists of an online digital distribution, gaming and entertainment service and ancillary to this we are involved in the transmission, storage, retrieval and dealing with third party Communications without review, selection or alteration of their content - for which the Service is a mere conduit.

The views expressed in any Communications are the views of the individual authors and not those of us unless specified otherwise by us. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any Communications. By using the Service you acknowledge that we have no responsibility to review the content of any Communications and that all Communications are made available on the basis that we are not required to and do not exercise any control or judgement of the content. Notwithstanding the foregoing we shall be entitled to remove or reject any Communications and remove or suspend your ability to make or access Communications.

You agree that we may use, publish, edit, modify and adapt your Communications for any and all purposes relating to the Service and our business and you hereby grant us an irrevocable, sub-licensable, transferrable, unrestricted non-exclusive right and licence and all necessary permissions, consents and licences required for us to use your Communications in that way, including without limitation your profile and the content of your posts through the Service and the publication of your user name and profile on any leader-board feature that we may include via the Service from time to time. You further waive all so called moral rights in your Communications.

You agree and undertake that you will not make any Communication or post to or transmit to the Service any statement or material, nor use the Service in any way that:

- Encourages any violation of these terms and conditions;

- Is abusive, seditious, pornographic, aggressive, homophobic, defamatory, libellous, untrue, hateful, discriminatory, obscene, inflammatory or racist;

- Is unlawful, malicious, misleading, discriminatory or which gives rise to civil or criminal liability or which might call us or the Service into disrepute;

- Promotes any illegal or unlawful activity;

- Infringes any copyright or other intellectual property right of any third party or assists such infringement or piracy;

- Is technically harmful such as the introduction of any computer virus, worms, logic bombs or other malicious software or technically harmful data or otherwise attempts to or actually does modify or interfere with the Service or overburden or disrupt any computer or server used by the Service;

- Harasses, bullies or intimidates any person;

- Markets or promotes any third party or may be deemed a marketing or commercial communication;

- Interferes with another user's use and enjoyment of the Service;

- Impersonates any moderator, administrator or any staff or other persons connected with HEYBOX;

- Infringes upon or violates any third party's rights, including but not limited to intellectual property rights, rights of privacy, including unauthorized disclosure of a person's name, e-mail address, physical address or phone number, and/or rights of publicity;

- Includes restricted and/or password protected content or materials;

- Exploits any other person;

- Is disruptive or offensive or is just generally mean-spirited such as including spoilers;

- Solicits passwords or personal information;

- Provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone's privacy, or providing or creating computer viruses;

- Contains video, photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);

- Tries to gain unauthorized access to any computer, servers or any part of the Service including its servers, network and the computers of other users;

- Tries to gain unauthorized access to any profiles, blogs, forums, communities, account information, bulletins, or other aspects of the Service;

- Engages in or solicits commercial activities or sales without our prior written consent such as, without limitation gambling, betting, sweepstakes, sales advertising, investments and pyramid schemes;

- Refers to any material that is inappropriate;

- Seeks or attempts to make any arrangement to meet a child under the age of 16 or which may have such a meeting as its object or effect;

- Contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or

- Solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.

If you discover any material which you believe contravenes these terms and conditions please inform either us or a forum moderator with details of the page you found it on by contacting us through our Customer Support page.

It is a known risk of Internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. We have no way of telling if statements made by other users are true. This is a decision that can only be made by you. You should therefore exercise some degree of caution when using any website. By using any part of the Service you accept that this is the case and accept that you therefore use the Service at your own risk (subject to your mandatory consumer rights). PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.

You acknowledge and agree that, if necessary, we will communicate with you via the email address you have provided to us. Notices that are applicable to all our customers shall be made available on the Websites or otherwise via the Service. You will be deemed to have received a notice at the time the email is sent or within 14 days of the time the notice is posted on the Website or otherwise within the Service.

All emails or other communications sent by us and attachments thereto are intended for the addressee only.

6. LIABILITY

This clause applies to your use of the Service, but not to any Products (as defined in Section 8 below) which you purchase through the Service.

HEYBOX provides and maintains the Service for personal entertainment on an “as is“ basis and is liable only to provide its services with reasonable skill and care.

External Sites have not been verified or reviewed by us and all use and access of External Sites is made at your own risk. “External Sites” means third party web sites and online services to which the Service links. HEYBOX gives no other warranty in connection with the Service and to the maximum extent permitted by law, HEYBOX excludes liability for:

- Any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which We have been made aware of;

- The accuracy, currency or validity of information and material contained within any Communications or the Service;

- Any interruptions to or delays in updating the Service;

- Any incorrect or inaccurate information on the Service;

- The infringement by any person of any copyright or other intellectual property rights of any third party through any Communication or use of the Service;

- the availability, quality, content or nature of External Sites;

- any transaction involving External Sites;

- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Service, or any Communication (save that, where digital content supplied to you by us or on our behalf through the Service causes damage to your digital content or devices you may be entitled to compensation or repair or replacement, in which case please let us know); and

- all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.

We do not warrant that the operation of the Service will be uninterrupted or error free.

We will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond our reasonable control including Internet outages, communications outages, fire, flood, war or act of God.

Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.

You agree that in relation to your use of the Service you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call us or the Service into disrepute.

You agree that you are and shall remain responsible for maintaining the confidentiality of your password and username and for all activities that occur under your account.

You hereby indemnify (agree to compensate), defend and hold us and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorney's fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions or claims arising from your use of the Service, or any of your Communications, or any use of your user account. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

7. TERMINATION

Without limiting any other rights that we may have, we may remove, restrict, cancel or suspend access to and/or use of the Service and any part of it, if we consider (in our sole discretion) that you have breached any of these terms and conditions.

You may also terminate your agreement with us by ceasing to access the Service, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies which have accrued up to the time of termination.

8. PURCHASES

You may purchase Games, and Gift Cards (together, the “Products”) through the Service as follows:

- Our shopping pages will guide you through the steps you need to take to place an order for a Product (“Order”) with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your Order at each stage of the order process.

- When you place an Order this will be deemed an offer by you to buy the Product(s) for the price stated, subject to these terms and conditions.

- After you have submitted your Order HEYBOX will send you an e-mail to confirm that it has received it. This email confirmation will be produced automatically so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not mean HEYBOX has accepted your Order or that it will be able to meet your Order.

- Where you have incorrectly submitted an Order, please contact us as soon as reasonably possible at helpdesk@xiaoheihe.cn.

If the payment confirmation for a purchase is delayed (ie payments with Boacompra, Unionpay, Alipay) the order will be fulfilled with a version of the game as advertised at the point of payment confirmation.

- Once HEYBOX has sent the confirmation email HEYBOX will (if the Product is available) either: (i) make the Game available (either for download by you or otherwise); (ii) credit your user account or the user account specified by you with the value of a Gift Card; or (iii) send, or make available for you to send, the relevant Gift Card to the individual of your choosing, electronically or otherwise as described to you when placing your Order (please note that the ultimate recipient of a Gift Card will need to register for an account with HEYBOX in order to redeem it); and a binding contract will exist between you and us in respect of your Order once any of the foregoing events occur.

- If HEYBOX are unable to supply you with a Product for any reason we will inform you of this by email or otherwise through the Service, and we will not process your Order. If you have already paid for the Product(s), HEYBOX will refund you the full amount, including any delivery costs charged, as soon as possible.

The use and purchase of all Games purchased or downloaded through the Service shall be subject to the Game EULA (see Section 24 below), which shall be deemed incorporated into any purchase, and by purchasing or downloading or using any Game you are deemed to accept that Game EULA.

ATTEMPTED PURCHASES OR DOWNLOADS VIA THE SERVICE WILL BE ADVERSELY AFFECTED AND MAY NOT WORK AT ALL IF YOU ARE USING A VPN (“VIRTUAL PRIVATE NETWORK”), A PROXY SERVER OR SIMILAR TECHNOLOGY. ANY SUCH PURCHASES MAY NONETHELESS BE CHARGED AS PART OF THE ORDER PROCESS. IF THIS HAPPENS TO YOU, PLEASE SEE BELOW FOR INFORMATION REGARDING YOUR RIGHT TO CANCEL OR CHANGE YOUR MIND.

9. PRICE AND PAYMENT

- Payment is due from the moment an Order is accepted.

- Payment may be made as set out on the payment page of the Service, by credit card, debit card or any other such method as HEYBOX may introduce in its sole discretion.

- HEYBOX aims to debit money from your account within three (3) working days after receiving your Order.

- HEYBOX reserves the right to accept or refuse any payment made in any form.

- Prices are quoted in UK Pounds, Euros, US Dollars, Canadian Dollars, Australian Dollars, Rubles , Indian Rupees, Argentinian Peso, Brazilian Reals, Chilean Peso, Chinese Yuan, Colombian Peso, South Korean Won, Mexican Peso, Malaysian Ringgit, Peruvian Nuevo Sol, Philippine Peso, Turkish Lira depending on your geographical location. You will be charged in the currency in which the price is quoted .

If you do not hold an account in the relevant currency you should pay by debit or credit card (or any other method that HEYBOX may introduce from time to time) and your card company should exchange the amount charged to the currency of your country at the current rate. Please note that you are responsible for paying any currency exchange, or other payment charges.

You will not be charged for any Orders that cannot be fulfilled and, where appropriate, HEYBOX will re-credit to your account any sum debited by HEYBOX. HEYBOX cannot guarantee that a particular Product will always be available.

Credit/debit card details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the Internet. Please refer to the Service Privacy Policy regarding use of your data (including credit card data) in section 20 below.

Your credit card company may also do security checks to confirm it is you making the Order.

10. YOUR RIGHTS TO END THE CONTRACT

Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the contract:

- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back) – see ‘If There Is A Problem with the Product’ in Section 12 below.

- If you have just changed your mind about pre-order product, you may be able to get a refund if you are within the cancellation period. For digital content, including Games and/or Gift Cards, the cancellation period ends at the end of 14 days after the day on which the contract between you and us is entered into. HOWEVER, IF WE SUPPLY THE PRODUCT TO YOU IMMEDIATELY AND YOU AGREED TO THIS WHEN PLACING YOUR ORDER YOU WILL NOT HAVE A RIGHT TO CHANGE YOUR MIND. Where you do not give your express consent to waive this statutory cancellation period we may not supply the Product(s) until the 14 day period has ended.

- Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any Products which have not been provided or downloaded by you and you may also be entitled to compensation. The reasons are:

11. OUR RIGHTS TO END THE CONTRACT

We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:

- You do not make any payment to us when it is due; or

- You do not, within a reasonable time, allow us to deliver the Products to you, or download them via the Service; or

- You breach any of these terms and conditions.

You must compensate us if you break the contract. If we end the contract in the situations set out above, we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we incur as a result of your breaking the contract.

We may withdraw the product. We may write to let you know that we are going to stop providing a Product. We will let you know as soon as reasonably practicable if this is the case, and will refund any sums you have paid in advance for Products which will not be provided.

12. IF THERE IS A PROBLEM WITH THE PRODUCT

If you have any questions or complaints about our Product, please contact us. You can write to us at helpdesk@xiaoheihe.cn

Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the Hong Kong Commission Online Dispute Resolution platform.

Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to digital content, including Games and Gift Cards. Nothing in these terms will affect your legal rights.

13. SUMMARY OF YOUR KEY LEGAL RIGHTS

This is a summary of your key legal rights. These are subject to certain exceptions.

The Foundamental Law of Hong Kong Special Administrative Region says that digital content, including the Games and/or any online Gift Cards/codes, must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of your digital content, your legal rights entitle you to the following:

- Up to six months: the right to choose either a repair or replacement of such digital content, or a price reduction if such repair or replacement is impossible. The trader (HEYBOX) shall bear all the costs of repairing or replacing the digital content, including any labour, materials or postage (if applicable).

- After six months, and for up to six years: you may enforce your right to a repair or replacement for up to six years from the supply of the digital content, or you may be entitled to have some of your money back.

14. ERRORS

IMPORTANT: HEYBOX tries very hard to ensure that all information on this site is accurate. However, just occasionally, an error can occur.

- If HEYBOX discovers an error that affects you, HEYBOX will notify you as soon as possible.

- In those circumstances HEYBOX reserves the right to cancel or suspend a transaction until the error is corrected and will use all reasonable efforts to ensure the same error does not reoccur and that it is rectified as quickly as possible.

- HEYBOX may cancel any Order or sale and not supply the applicable Game or Product if it is reasonable to do so (including without limitation in the event of mistake). HEYBOX may also change or discontinue the availability of any Games or Products at any time in its sole discretion.

15. LIABILITY & DISCLAIMER

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract between you and us, or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including your right to receive Products which are as described and match information we provided to you and any demo, sample or model made available by us and seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.

We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Subject to the preceding three paragraphs, our total liability to you in respect of all losses arising under or in connection with the contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

Subject to the preceding four paragraphs, and so far as the law permits, we disclaim all representations, terms, conditions and warranties (including those relating to satisfactory quality, merchantability, fitness for a particular purpose, title, non-infringement and freedom from computer viruses) relating to Products provided to you by HEYBOX. So far as the law permits, we will not have any liability to you (whether or not caused by negligence) relating to products provided to you by us for any indirect, special, incidental or consequential damages. This includes loss of data, loss of income or profit, loss of goodwill, damage to reputation, damage to computer software and other computer or storage systems. Notwithstanding the foregoing, where digital content supplied to you by us or on our behalf as part of the Products causes damage to your digital content or devices you may be entitled to compensation or repair or replacement, in which case please let us know.

16. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a contract that is caused by an Event Outside Our Control.

An“Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Our Control takes place that affects the performance of our obligations under a contract we will contact you as soon as reasonably possible to notify you, and our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our supply of Products to you, we will arrange a new supply date with you after the Event Outside Our Control is over.

You may cancel a contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us at helpdesk@xiaoheihe.cn . If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

17. POLICY ON PRIVACY AND COOKIES

Privacy

HEYBOX’s mission is being the leading company offering millions of gamers a single destination for all things gaming through our eCommerce store and Community platform. Our aim is to inspire confidence when you entrust us with your data and for this we are committed to be transparent with you about the data we collect about you and how it is used and shared.

By using our Services, you consent to our use of your data under our Privacy Policy.

Cookies

We use cookies and other technologies to ensure everyone who uses HEYBOX has the best possible experience. Cookies also help us keep your account safe, allows the HEYBOX website to remember things like your preferences or what’s in your shopping basket. By continuing to visit or use our services and interacting with the content of our website, you are agreeing to the use of cookies and similar technologies for the purposes we describe in our Cookie Policy.

At any point, you can change your preferences in our cookie settings.Your choices and rights

If you are a user of our services, you can access, correct, and modify some of the personal information that you have provided to us via HEYBOX Account Settings.

You also have the right to request a copy, rectification, erasure or blocking of your personal information and to object to our processing of your personal information in certain situations. You can exercise these rights by contacting us via the information in the About Us and Complaints section of our Privacy Policy.

You can close your account for HEYBOX by contacting HEYBOX Help & Support. Note that this will not affect any alternative accounts that you might have; you will need to close those accounts separately.

18. GENERAL

These terms and conditions are subject to your statutory and common law consumer rights and shall not limit any rights you might have that may not be excluded under applicable law nor shall it exclude or limit HEYBOX’s liability for death or personal injury resulting from our negligence nor any fraudulent representation.

19. CONTACT US

All questions, comments or inquiries should be directed by email to helpdesk@xiaoheihe.cn or by post to ROOM 09, 27/F, HO KING COMMERCIAL CENTRE, 2-16 FA YUEN STREET, MONGKOK, KOWLOON, HONGKONG.

These terms and conditions constitute the entire agreement between you and us and shall apply to the exclusion of all other terms and conditions or conditions of contract which you may propose.

Use of the word ‘including’ in these terms and conditions means including without limitation. Failure to enforce any of these terms and conditions will not be deemed a waiver of any term or right.

If any part of these terms and conditions is found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.

Use of the Service and these terms and conditions are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.

20. ADDITIONAL TERMS

The terms and conditions of additional App end user license agreements may be notified to you and apply to your use of any relevant App, and the following terms and conditions of the Game EULA at section 24 below shall apply to the use of all Games unless provided otherwise.

21. GAME EULA

YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT (EULA) BEFORE PURCHASING, DOWNLOADING OR INSTALLING ANY GAME VIA THE SERVICE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, YOU SHOULD NOT USE, PURCHASE, DOWNLOAD OR INSTALL GAMES VIA THE SERVICE.

Games purchased through the Service are copyright works of the third party developer or publisher identified in the Game (“Publisher”) or its licensors.

Use of the Games is governed by the terms of this EULA unless you are presented with an alternative end user license agreement, in which case the terms of that end user license agreement shall apply. If you have already purchased or downloaded a Game before being presented with an alternative end user licence agreement and you do not accept (and have not accepted) its terms and conditions and have not made any use of the Game please notify us at helpdesk@xiaoheihe.cn and we may arrange for your purchase and use of the Game to be cancelled and your account credited or a refund given as appropriate.

Each Game is solely for use by end users according to the terms of this EULA. Any use, reproduction or redistribution of the Game not in accordance with the terms of this EULA is expressly prohibited. Reference to Game in this EULA shall include any online service which is made available through it, where and to the fullest extent that the content permits.

1. Limited Use License. You are granted and by installing the Game you accept, a limited, non-exclusive right and license to install and use one (1) copy of the Game for your personal, non-commercial use on a single computer, console, or device (as appropriate) subject to the terms of this EULA.

2. End User Rights and Obligations. The Game is licensed to you as a single product. Its component parts may not be separated for use on more than one computer. You should back-up to another secure location, on a regular basis, any data files concerning your use of the Game as neither HEYBOX nor the Publisher has liability for lost or corrupted data. You may make a single back-up copy of the Game for your own personal use in the event that the original copy is destroyed, lost or corrupted. You may also permanently transfer the Game on to another computer owned by you provided that you remove the Game from the computer on which it was originally installed.

3. You may not, except as expressly provided by this EULA:

- Sell, distribute or otherwise transfer copies or reproductions of the Game to any third party in any way and may only sell or Trade-In a Game to HEYBOX;

- In whole or in part reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Game, except where applicable law provides otherwise in which case the product and all end results of such acts shall belong to, vest in and be the exclusive property of the owner of the applicable rights in the Game;

- Remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Game;

- Exploit the Game or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet cafe or any other location-based site;

- Network the Game or otherwise install or use it (or permit its use) on more than one computer, console, handheld device or PDA at the same time nor use or permit use of the Game in a network, multi-user arrangement or remote access arrangement, including any online use otherwise than as part of an online service approved by Publisher;

- Use the Game for any illegal or immoral purposes;

- Export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations;

- Create data or executable programs which mimic data or functionality in the Game; or

- Otherwise use, copy, transfer, distribute, rent, lease, loan, sub-license or deal in the Game or any part or interest in it except as expressly provided by this EULA or in any manner which is inconsistent with this EULA.

4. Ownership. The Game is licensed, not sold. Your licence confers no title or ownership in the Game. All right, title, interest and ownership rights in the Game and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights ('Intellectual Property Rights'), in or connected with the Game and each part thereof (including by way of example only any titles, code, themes, objects, characters, stories, catchphrases, concepts, artworks, animations, sounds, music, audio-visual effects and methods of operation) are owned by, belong to and vest in Publisher or its licensors. The Game is protected by copyright law, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Game may contain certain licensed materials and Publisher's licensors may act to protect their rights in the event of any breach of this EULA. All trademarks are the property of their respective owners.

5. Termination. The licence granted by this EULA will terminate automatically if you breach its terms and conditions. In that event, you must immediately destroy and erase the Game and all and any copies in your possession or control and stored on any media whatsoever and on HEYBOX's request certify that you have done so. You may terminate this EULA at any time by deleting and removing the Game from your personal computer and destroying your copy of the Game in your possession.

6. Liability. THIS EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD OR DEATH OR PERSONAL INJURY ARISING CAUSED BY NEGLIGENCE OF HEYBOX OR ITS LICENSORS. EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:

7. YOU INSTALL AND USE THIS GAME AT YOUR OWN RISK ;

8. THE GAME IS PROVIDED "AS IS" WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT;

9. HEYBOX AND ITS LICENSORS DO NOT WARRANT THAT THE OPERATION OF THIS GAME WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN BE CORRECTED;

10. HEYBOX AND ITS LICENSORS EXCLUDE ANY AND ALL LIABILITY FOR ALL REPRESENTATIONS (EXCEPT THOSE MADE FRAUDULENTLY), WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT;

11. HEYBOX AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF OR INABILITY TO USE THE GAME, ERRORS OR DEFICIENCIES IN IT, DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OF INFORMATION OR LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE APP AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE); AND

12. HEYBOX AND ITS LICENSORS WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR IF THE GAME HAS BEEN MODIFIED IN ANY MANNER (NOT BY HEYBOX OR ITS LICENSORS) AFTER IT HAS BEEN BOUGHT.

13. THE LIABILITY IN CONNECTION WITH YOUR USE OF THE GAME OF HEYBOX AND ITS LICENSORS SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME.

14. You agree to indemnify (compensate), defend and hold HEYBOX and its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your misuse of the Game or use otherwise than in accordance with the terms of this EULA. HEYBOX's licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.

15. Severability. In the event that any provision of this EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA shall remain in full force and effect.

16. Applicable Law. To the maximum extent permitted by the local law applicable in the country in which you obtain or use them, the Game, any applicable online service and this EULA are subject to English Law. In the event that English Law cannot apply in the country you obtained or use the Game local law will apply.

22. HEALTH AND SAFETY AND PRECAUTIONS

Games may contain flashing lights, realistic images and simulations.

PLEASE READ THIS NOTICE BEFORE YOU OR YOUR CHILD USE YOUR GAME(S)

Some people experience side effects such as motion sickness, epileptic seizures, momentary loss of consciousness dizziness, motion sickness or nausea when viewing certain types of flashing light or pattern including when playing video games. This may happen where a person has not previously suffered in this way and have no known symptoms or history of such side effects. If you or anyone considering using this Game suffers in this way, has a condition which makes this possible or has experienced similar symptoms, please consult a doctor before using any Game. If you or they are already using a Game please stop and consult a doctor.

If you or any part of you feels tired, fatigue or discomfort whilst playing games please stop and rest. If it continues after you stop playing please consult a doctor. If you have suffered or suffer from an injury playing games can aggravate it. In that case please consult a doctor. Failure to follow this advice may result in long term injury.

PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING YOUR GAME(S):

Please do not:

- Sit or stand too close to the TV screen / monitor but sit or stand a safe distance away;

- Use this Game or play games if you are sick, sleep, or feel tired, fatigue or discomfort;

- Play in a room that is not well-lit;

- Play for too long at any one time, please take a 10- to 15-minute break every hour.

NOTICE TO PARENTS AND CARERS:

Please observe children whilst they play games. Please ensure that you and they following the precautions described above. If you or they experience dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions or any other side effects PLEASE STOP ALL USE IMMEDIATELY and consult a doctor

23. STANDARD RULES FOR ONLINE PRIZE DRAWS AND COMPETITIONS

(For Competitions that begin on or after May 25th 2022)

Key details of each prize draw and competition (the "Competition") are shown on the promotional Competition page for that prize draw or competition. The following general rules apply to all Competitions (such as prizes or other value in games, sweepstakes, contests and promotions, social network giveaways, and other events we deem to be meet our definition of Competition).

Each prize draw and competition will run from the Start Date through to the End Date, each of which will appear on the Competition page. All entries for the Competition must be received no later than 23.59 Beijing Standard Time on the End Date to be eligible for selection.

The promoter of the Competition is SAPPHIRE ENTERTAINMENT (HK) CO., LIMITED, whose registered office is at ROOM 09, 27/F, HO KING COMMERCIAL CENTRE, 2-16 FA YUEN STREET, MONGKOK, KOWLOON, HONGKONG

Each Competition is open only to legal residents of the territory specified on the Competition page who are at least the Minimum Age shown on the Competition page. Employees or agents of HEYBOX or anyone else connected to the Competition, and/or their immediate family, may not enter.

Only one entry per household is allowed unless otherwise stated on the Competition page. Only entries made online via the Internet will be accepted. All submitted entries become the property of HEYBOX; provided that any materials submitted as part of a Competition, such as a photograph, video, written story or drawing, are "Solicited Submissions".

By “Submissions” we mean text, messages, tweets, ideas, concepts, pitches, suggestions, stories, artwork, photographs, drawings, videos, audio visual works, musical compositions (including lyrics), sound recordings, characterisations, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through any of HEYBOX’s Competition pages or Sites.

There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on a Competition page for our review or display and possible specifically-defined consideration; and (b) that you distribute on or through any of HEYBOX’s Sites for which you do not seek Consideration (such as in Public Forums). “Unsolicited Submissions” are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.

Unless otherwise noted on the Competition page, there is no entry fee and no purchase is necessary to enter any Competition. Entrants are responsible for the cost of their connection to the Competition page via the Internet.

HEYBOX does not guarantee continuous, uninterrupted or secure access to the Competition page or website.

HEYBOX does not accept responsibility for lost, damaged, invalid or illegible entries.

Winner Selection (depending on the type of Event): For a Prize Draw: All winning entries will be selected randomly by HEYBOX or its agents within two (2) weeks of the End Date from all correct entries received. The selection is final. For a Competition: The winning entries will be selected by a panel of judges within (3) weeks of the End Date. The Selection Criteria will be found on the Competition page. The panel's decision is final, and no correspondence will be entered into.

Winners will receive confirmation via e-mail on or before the Announcement Date shown on the Competition page. Winners must reply to that e-mail by the Reply Required by date shown on the Competition page, or risk forfeiting the prize. HEYBOX reserves the right to select another prize winner if a reply is not received in time. HEYBOX will make reasonable attempts to contact the winner where appropriate and possible but shall have no liability to previously-selected prize winners who have not replied in time.

Winner name(s) will be displayed on the Competition page or Competition Winner Announcement page for at least thirty (30) days after the Prize(s) have been awarded.

All prizes are non-transferable. No cash alternative is available for any prize. In the unlikely event that a prize should become unavailable, HEYBOX reserves the right to substitute a prize which it reasonably determines as being of equal value. HEYBOX takes no responsibility for inaccurate prize details supplied to any entrant by any third party connected with the Competition.

HEYBOX reserves the right to cancel or amend the Competition and these terms and conditions without notice if it cannot be guaranteed that the Competition can be carried out correctly for technical reasons, or in the event of a catastrophe, war, civil or military disturbance, or any actual or anticipated breach of any applicable law or regulation, or any other event outside of the HEYBOX’s control. Any changes to the Competition will be notified to entrants as soon as possible by the HEYBOX.

HEYBOX reserves the right to cancel or terminate the Competition or disqualify any participant at any time without giving advance notice and will do so or if HEYBOX suspects that any person has been manipulating the administration of the Competition or has acted unethically in any other way.

Each entrant agrees that if he or she wins a Prize, HEYBOX will have the right, without additional payment or permission, to use their name (or username), age, and town/city for the purposes of announcing the winner(s) and they may be requested (by HEYBOX, its agents and their related companies) to participate in post-event publicity.

The Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to HEYBOX and not to any other party. The information provided will be used in conjunction with the HEYBOX’s Privacy Policy.

Any HEYBOX Competition and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.

By accepting the HEYBOX Competition terms and conditions, you are required to opt in to the HEYBOX Newsletter. You may, later on, chose to review your preference settings.