Incharge.gg Terms of Service

Last updated: 05 Jan 2025

These Terms of Service (“Terms”) govern your access to and use of Incharge.gg’s websites, applications, and services. By accessing or using any part of the Services, you agree to be bound by these Terms.

1. Definitions

“Incharge.gg”, “we”, “us”, “our” means Incharge LLP, a limited liability partnership in Singapore. “Sites” means https://incharge.gg and any related domains, mobile applications, and online platforms operated by Incharge.gg. “Services” means our payment facilitation and/or resale services for digital content (including in-app and game credits, gift cards, or similar digital items). “Publisher” means any third party that issues or supplies digital content redeemed or used on its platforms. “Payment Channels” means our payment partners and processors (e.g., card networks, banks, e-wallets, over-the-counter or voucher providers). “Publisher Credits” means digital content issued by a Publisher. “Merchant of Record” will be either (a) the Publisher (with Incharge.gg acting as limited payment collection agent), or (b) Incharge.gg (when we resell content directly).

2. Acceptance of Terms

2.1 By using the Services, you accept these Terms. If you do not agree, do not use the Services. 2.2 You represent that you have capacity to contract under Singapore law and, if acting on behalf of an entity, that you are authorised to bind that entity to these Terms.

3. Changes to Terms

3.1 We may update these Terms from time to time. We will post the updated Terms on the Sites and update the “Last updated” date. 3.2 Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

4. Nature of the Services; Merchant of Record

4.1 The Services enable you to purchase digital content (e.g., Publisher Credits) and pay via Payment Channels. 4.2 Your purchase will occur under one of two models: Publisher-as-Merchant: You buy directly from the Publisher. Incharge.gg acts as a limited payment collection agent to process and collect payment on the Publisher’s behalf. Incharge.gg-as-Merchant: We resell Publisher Credits to you, and Incharge.gg is the merchant of record.

5. Account Registration and Security

5.1 You may need an account to use certain Services. You must provide accurate information and keep it updated. 5.2 You are responsible for safeguarding your account credentials and any activity under your account. Notify us immediately of any unauthorised use.

6. Payment, Pricing and Taxes (including GST)

6.1 Payment Methods. You may pay through available Payment Channels. For card or bank payments, your details are provided directly to the Payment Channels; Incharge.gg does not store full card or bank details. 6.2 Pricing. Prices are displayed at checkout and may vary by currency, payment method, or location. 6.3 GST. Where applicable under Singapore law, Goods and Services Tax (GST) at the prevailing rate (currently 9% as of 1 Jan 2024) and is included in the prices shown. 6.4 Currency and FX. If you pay in a currency different from your funding currency, your provider may apply currency conversion and fees. 6.5 Errors. We may cancel and refund transactions affected by pricing, typographical, or availability errors.

7. Delivery, Redemption, and Risk of Loss

7.1 Delivery. Digital content is delivered electronically (e.g., code, token, wallet credit, or direct account top-up). Delivery timelines may vary by Publisher or Payment Channel. 7.2 Redemption. Publisher Credits are subject to the Publisher’s terms, including region locks, device/account restrictions, and expiry (if any). 7.3 Risk of Loss. Risk of loss passes upon electronic delivery to you or your designated account. Protect your codes and accounts from unauthorised access.

8. Refunds, Cancellations, and Error Handling

8.1 All Sales Final. Transactions successfully completed via the Services are generally final and non-refundable. 8.2 Exceptions. Without limiting your statutory rights under Singapore law (including the Consumer Protection (Fair Trading) Act 2003 (“CPFTA”)), we may, at our discretion or where required by law, provide a refund or replacement for: Duplicate charges or overcharges caused by system error; Non-delivery demonstrably caused by our systems or those of our Payment Channels, despite successful payment; Defects in a delivered code where the Publisher confirms non-redeemability not due to your fault; Any other situation required by applicable law. 8.3 Process. You must contact support within 7 days of the transaction (or within any longer period required by law). You may be asked for proof (order ID, screenshots, error messages). We may liaise with the Publisher and/or Payment Channels to investigate. 8.4 Chargebacks. See Clause 12 for details.

9. Consumer Protection

9.1 These Terms do not limit or exclude rights and remedies available to consumers under the CPFTA and other applicable Singapore laws. 9.2 Nothing in these Terms permits unfair practices within the meaning of the CPFTA.

10. Prohibited Conduct and Fraud

10.1 You must not use the Services for unlawful activities, money laundering, terrorism financing, fraud, or to violate Publisher terms. 10.2 We may request identity verification if fraud risk is suspected and may suspend or terminate access (see Clause 15).

11. Chargebacks and Recoveries

11.1 If you initiate a chargeback or reversal, we may suspend or terminate access and cancel deliveries or redemptions. 11.2 We may submit evidence to your payment provider. If a chargeback is resolved against us, you remain liable to us for the transaction amount and related fees. We may use lawful recovery methods.

12. No Warranties

12.1 The Services are provided “as is” and “as available.” We do not guarantee uninterrupted, error-free, or virus-free operation. 12.2 We do not control the quality, safety, legality, or fitness-for-purpose of Publisher Credits or Publisher services. Your use of Publisher Credits is subject to the Publisher’s terms.

13. Limitation of Liability

13.1 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under Singapore law (including the UCTA). 13.2 Subject to Clause 13.1 and to the maximum extent permitted by law, Incharge.gg will not be liable for: Any indirect, incidental, special, consequential, or punitive damages; Loss of profits, business, goodwill, or data; Losses arising from Publisher actions or failures. 13.3 Subject to Clause 13.1, our aggregate liability arising out of or in connection with the Services will not exceed the amount you paid to us for the transaction giving rise to the claim.

14. Suspension and Termination

14.1 We may suspend or terminate your access without prior notice if we suspect fraud, unlawful activity, breach of these Terms, or harm to other users, Publishers, or our partners. 14.2 We may impose transaction limits at any time.

15. Availability and Maintenance

15.1 Service availability depends on networks and systems operated by our providers, Payment Channels, Publishers, affiliates, or subcontractors. Downtime may occur. 15.2 We may modify or discontinue features without liability, subject to refund obligations under applicable law.

16. Personal Data Protection (PDPA)

16.1 We collect, use, and disclose personal data in accordance with the Singapore Personal Data Protection Act 2012 ("PDPA"). 16.2 Our Privacy Policy (available on the Sites) explains the purposes of collection, use, disclosure to Payment Channels and Publishers, overseas transfers, retention, and your rights to access and correction. 16.3 You consent to our processing of your personal data as described in our Privacy Policy, including transfers outside Singapore where recipients are bound to comparable protection.

17. Intellectual Property

17.1 The Sites, Services, and related content are owned by Incharge.gg or its licensors and protected by law. 17.2 You must not copy, modify, reverse engineer, or create derivative works from the Sites or Services except as permitted by law.

18. Third-Party Services and Links

18.1 Third-party sites and services (including Payment Channels and Publishers) are governed by their own terms and policies. We are not responsible for third-party acts or omissions.

19. Electronic Communications and Signatures (ETA)

19.1 You agree to receive notices and records electronically and consent to the use of electronic signatures and contracts in accordance with the Singapore Electronic Transactions Act 2010.

20. Compliance; Sanctions and Export

20.1 You represent that you are not on any sanctions list and will not use the Services in sanctioned jurisdictions or for prohibited end uses.

21. Payment Services Act Notice

21.1 Incharge.gg is not a bank, deposit-taker, or stored value facility. We do not hold customer funds on deposit. Where we act as a limited payment collection agent for a Publisher, your payment obligation to the Publisher is deemed fulfilled when your payment is received by us for the Publisher’s benefit.

22. Governing Law and Dispute Resolution

22.1 These Terms are governed by the laws of Singapore. 22.2 Courts. The courts of Singapore will have exclusive jurisdiction, except that consumers may bring eligible claims in the Small Claims Tribunals. 22.3 Nothing limits your statutory rights under Singapore law.

23. Miscellaneous

23.1 Severability. If any provision is invalid or unenforceable, the remainder remains in effect. 23.2 No Waiver. Failure to enforce a provision is not a waiver. 23.3 Assignment. You may not assign these Terms without our consent. We may assign to an affiliate or in connection with a restructuring or sale. 23.4 Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control. 23.5 Entire Agreement. These Terms and any policies referenced (e.g., Privacy Policy, Refund Policy) are the entire agreement between you and Incharge.gg regarding the Services. 23.6 Language. If these Terms are translated, the English version prevails to the extent of any inconsistency.