Terms of Use

Welcome to esukan.gg!

Please carefully read and make sure that you understand all the following terms and conditions before accessing or using esukan.gg Services.

Esukan.gg software package is an online application platform which can be accessed at the address esukan.gg, (“Site”) which enables user(s) either to create, organize, manage and share tournaments, to participate in tournaments for skill-based competitive computer, mobile or console games or to use the Site and related websites, applications, services and mobile applications provided by us ( “Services”).

These Terms of Use are between user(s) and Impact Integrated, a company established under an initiative under the purview of the Ministry of Youth and Sports, Malaysia (“Impact”, “We”, or “Us”) (“Terms”). These Terms govern your access to and use of the Site and the Services. By accessing and using the Site and Services, whether in the capacity of an individual or on behalf of a company, you constitute your express and entire acceptance of the Terms set forth herein and the Privacy Policy (“Policy”) found at https://www.esukan.gg/pp and all applicable laws and regulations, and you declare that you hold all rights, authorisation, capacity and powers necessary to accept this Terms.

1.       Amendments and Changes  

1.1    We may update or modify the Terms from time to time without prior notice to or acknowledgement of the users. We may choose to provide you with notice of such modification and if we do, such notice may be by email, in-Service notifications or otherwise. Therefore, it is your responsibility to check the Terms on a regular basis. In an effort to improve the Services, We may also update the Services, including Our web applications and software, without notifying you.

1.2    Your continued use of the Services following the effectiveness of any modifications to the Terms constitutes acceptance of those modifications. If any modification to the Terms is not acceptable to you, your sole remedy is to immediately cease accessing, browsing or otherwise using the Services.

2.       Eligibility

2.1     In order to use the Services, you need to register and maintain a User Account (as defined below) on the Site and you must:

2.1.1  be a natural person,

2.1.2  submit your email address, and

2.1.3  comply with the Terms.

2.2    Officers, directors and agents or organizers of the Services and its affiliates are not eligible to participate in any tournaments, other than for testing and product development purposes.

2.3    The Services may at any time require you to provide proof of eligibility to allow you access to the Site or Services. Failure to provide evidence of identification and/or eligibility satisfactory to Us, in Our sole and absolute discretion, shall result in the suspension and/or termination of such User Account or eligibility to enter the tournament.

3.       Required Information, Access and Accounts

3.1    Account Registration; Use of Data: To access certain portions of the Services, you may be required to create an account through the Services (“User Account”). If your contact information changes, you agree that you will promptly update the Account information to reflect those changes. Account information and other information about you are subject to the Policy. Through your use of the Services you consent to the collection and use (as set forth in the Policy) of information about you, including, if applicable, the transfer of such information to be used for the Services and its affiliates. Upon registration of the User Account, you are required to provide the following information:

3.1.1  an alias that will be the username;

3.1.2  a password;

3.1.3  your e-mail address;

3.1.4 birth-date or a confirmation that you are 18 years or older if there is a depositing of funds to play pay-to-enter Matches or Tournaments or with parental consent if you are under 18 years old;

3.1.5  full name;

3.1.6  state;

3.1.7  gender;

3.1.8  copy of identification card;

3.1.9  phone number; and

3.1.0 game related information, such as game accounts/ nicknames or in game names.

3.2    The information provided must be true, accurate, current and complete and not misleading or contain any material omission. If We suspect that you deliberately register a User Account with inaccurate or incorrect information, we reserve the right to suspend and/or terminate your User Account. We also reserve the absolute right to change and/or suspend/terminate offensive and/or inappropriate usernames.

3.3.    Account Security: Maintaining account security is very important. You are entirely responsible for maintaining the confidentiality of the username and password of your User Account. You agree to notify Us in writing immediately at [email protected] if you believe that your User Account’s username and/or password has/ have been compromised.

3.4.   Rules Related to the Service Account Names: When you choose a User Account name, display name or otherwise create a label or image that can be seen by other users of the Services, including, without limitation, usernames (each a “User Identifier”), you must abide by the following guidelines as well as the rules of common decency. If We find a User Identifier for any type of account, including, without limitation, an individual user account or a tournament organizer account, to be offensive or improper, or believes a User Identifier is or may be illegal, We may, in Our sole and absolute discretion, refuse to grant you the User Identifier, change or remove the User Identifier, and/or suspend or terminate your User Account. In particular, you may not use any User Identifier:

(a)  belonging to another individual or entity with the intent to impersonate that individual or entity, whether actual or fictitious, including, without limitation, impersonating any of the agent or employee providing the Services or any other Site’s community user;

(b)  that incorporates vulgar language or imagery or which is otherwise offensive, defamatory, libellous, obscene, hateful, or racially, ethnically or otherwise objectionable;

(c)  that is subject to the rights of any other person or entity without written authorization from that person or entity;

(d)  that belongs to a popular culture figure, celebrity or media personality;

(e)   that is, contains, or is substantially similar to a trademark, service mark or any other intellectual property right, whether registered or not, or may otherwise cause confusion;

(f)    belonging to any religious figure or deity;

(g)   related to drugs, sex, alcohol, or criminal activity;

(h)   comprised of partial or complete sentences (e.g., “trollu4fun”);

(i)     comprised of gibberish or incomprehensible character(s) (e.g., “fdsjmfidszx”);

(j)     use of any characters except for the following: numbers and letters, period (.), underscore (_), or dash (-) and space; or

(k)   is substantially similar to, or otherwise contains or duplicates any copyrighted work or component of a copyrighted work (including, without limitation, comics, anime, movies or other video games, and any characters appearing in any of the foregoing).

 

3.5.   User Rules: The user rules below are in furtherance, and not in limitation, of the other terms and conditions in these Terms. In connection with your use of the Services, you agree that you will not, nor permit anyone else to, directly or indirectly:

(a)  Violate any applicable law, regulation, or contract or use the Services or materials for any unlawful purpose;

(b)   Use the Services to run tournaments or competitions for games of chance or to conduct gambling;

(c)  Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including, without limitation, rights of privacy or publicity);

(d)   Access the Services to participate in a tournament that violates any law where you reside or that you are subject to;

(e)  Create, distribute or use any third-party software, including, without  limitation, “mods,” cheats, addons or hacks, designed to change or manipulate the tournaments or outcome of the tournaments;

(f)    Misrepresent yourself in any way;

(g)   Make any false, misleading, or inaccurate statements;

(h)   Use language that is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, offensive, profane, unlawful, or invasive of another’s privacy;

(i)    Commit any actions considered to be unethical;

(j)    Impersonate any person or entity, including any employee or representative of the Services;

(k)   License, create derivative works from, any information, content obtained     

        from the Services;

(l)     Restrict or inhibit any other visitor or member from using the Services, including, without limitation, by means of “hacking” or defacing any portion  of the Services;

(m)   Modify any software for the Services in any manner or form, nor use modified    

        versions of such software, including, without limitation, for the purpose of

        obtaining unauthorized access to the Services;

(n)    Engage in spamming or flooding;

(o)   Transmit any software or other materials that may contain any viruses,

        worms, Trojan horses, defects, date bombs, time bombs or other items of a

        destructive nature;

(p)    Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or

         disassemble any portion of the Services or otherwise attempt to derive any

         source code or underlying ideas or algorithms of any part of the Services

(q)    Remove any copyright, trademark or other proprietary rights notices

         contained on or in the Services;

(r)     Stalk or otherwise harass another; or

(s)    Harvest or collect information about Services visitors, users or Account    holders without their express consent.

3.6    We reserves the right to permanently suspend or terminate your User Account and your access to the Services, and/or disqualify you from receiving any prize(s) offered by the tournaments, if We or the tournament organizer(s) suspects that you have violated any of the User Rules.

3.7    Interruption of Service: The site and associated Services are in principle continuously available, except in the event of interruption, whether planned or not, for the purposes of maintenance, or in the event of interruption due to force majeure. We cannot guarantee that your use of the Services will be uninterrupted. You agree that We shall not be held liable for any damages, losses, claims, actions, proceedings, suits, demands, damages, expenses and costs (including fees, on a solicitor and client basis) incurred due to any  interruption, in whole or in part, of any type whatsoever, resulting from the unavailability of the Site and associated Services.

4.       Privacy Policy / Your Privacy Rights

        By using the Services, you represent that you have read and consent to our Privacy Policy at https://www.esukan.gg/pp. We may revise the Policy at any time, and the new version(s) will be available at the above link. If at any point you do not agree to the Privacy Policy or any portion of the Privacy Policy, you must immediately stop using the Services. Please review our Privacy Policy. You acknowledge and agree that any disputes related to our Privacy Policy, including any breaches in security or privacy, will be subject to our limitations on liability contained in the Privacy Policy and these Terms.

5.       Links to Other Websites

5.1     The Services and/or third parties may, from time to time, send email and/ or messages to you containing advertisements, promotions, etc. pursuant to our Privacy Policy.

5.2   You agree that your use of internet websites and resources is not controlled by Us, including without limitation your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, and shall be at your own risk and is subject to the respective terms and conditions of use of such sites and resources.

6.      Changes of the Service

6.1    We reserve the right to modify, suspend, and/or discontinue properties of the Service at any time including, but not limited to, (i) functionality, (ii) features, and (iii) services, with or without notice.

6.2     All new functionality, features or services introduced to the Service will be subject to what is stipulated in these Terms.

6.3    We will take reasonable efforts to keep the Services operational and fully functional during changes described above.

7.       Code of conduct

7.1    You acknowledge that you understand that when you are invited to a tournament through the Services, you are not invited by Us but by another registered User who uses the Service.

7.2    You may use the Services for lawful purposes only. You agree that when using the Services or communicating via the Services you may not use the Services to post, transmit or otherwise distribute illegal or unlawful material.

7.3     You agree to the following:

(a)  You shall not defame, abuse, harass, threaten or otherwise violate the legal rights of others or of any third party,

(b) You shall not in any manner publish, post or in any other way express any topic, material or information that is inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, politically slanted, indecent or unlawful,

(c)  You shall not contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm the Services or its Users in any way,

(d)  You shall not participate in any attempt to cheat another User through  collusion or other techniques, regardless of the outcome,

(e)  You shall not at any time use any, now or in the future existent, cheats, scripts, automation software (bots), mods, hacks, or any other unauthorized own or third-party software, to modify or automate the Service, games played through the Service or content of the Service, or in any other way seek to enhance your chance of winning,

(f)   You shall not advertise or promote any product or service of any kind, on or through the Service, and

(g)  You shall not use programming codes or commands (including, but not limited to advanced fonts, Java, tables and/or HTML) in messages or any other communication on the Service.


8.       License

We grant you a personal, royalty-free, limited, non-transferrable and non-exclusive license, worldwide, to use the software provided by Us within the framework of the Services and subject to these Terms. You are not authorized to duplicate, copy, modify, distribute, sell or rent, in whole or in part, the Services or the software comprising the Site. Likewise, you are not authorized to decompile or attempt to extract the source code of the software.

9.       Content

      By using the Service and as a holder of a esukan.gg account, you may display, produce, represent, publish or transmit Content. “Content” designates all of the information displayed, produced, represented, published or transmitted on the Site such as text, messages, images, logo, illustrations, video, information on Participants, results and associated hypertext links. You are solely liable for the Content that you distribute when using the Service. Once you make your Content accessible to the public, you agree that We, and any other user of the Internet, has the right to access, share and redistribute the Content on any platform and via all media channels, in particular through Internet and social networks, and on a royalty-free, non-exclusive and without time limit basis. You declare that the information that you publish is complete, exact and does not contain intentional or malicious errors, such as false results. We provide an electronic message system to facilitate discussions in organized tournaments and to submit requests to our customer service. You agree to use the electronic message system in a peaceful and courteous manner and not to post any unlawful messages, defamatory, abusive, discriminatory or that may adversely affect the experience of other users. In addition, it is strictly forbidden to perform marketing or commercial operations on the Site through the use of the Services.

10.     Winnings

10.1   You acknowledge that the outcome of the games and tournaments offered through the Service depends on the number and skill level of each individual participant in each     Game or tournament as well as the number of Users participating in each Game.

10.2   All winnings will be issued in cash by a deposit directly into the winner’s Monetary Account after each Game is deemed to be finished by the provider of the Game. All funds  and winnings are denominated in USD (United States dollar) or MYR (Ringgit Malaysia) unless otherwise stated. The results and winners of each Game or tournament in the   Services will be determined with actual game and server data as well as by the organiser or by Us. All such determinations are final and binding. By registering and/or    participating in any tournament or Game, you agree to be bound by the aforementioned determinations

11.     Tournament Organizers, Prizes and Rewards

11.1   We help organizers create and manage competitions for online computer, mobile or console games tournaments and help gamers find tournaments to join. Each tournament is different because it is subject to the parameters set by the organizer through the Site, including without limitation to the interactions and rankings among event attendees, communications and the awarding of prizes, if any. By using the Services, you agree to these additional parameters and agree to receive communications from the organizer subject to applicable laws. We will only provide assistance in the administering of prizes or rewards, and the tournament organizer shall remain responsible for the determination of eligibility and the distribution of any prizes or rewards.

12.     Marketing activities

12.1   By registering for a User Account, you grant Us the right to display your username, gameplay data and statistics and any other information regarding your activity in the   Service. By registering a User Account, you also agree to allow Us to print, publish, broadcast and use, worldwide, in any media and at any time, your name, nickname,     picture, voice, likeness, and/or biographical information for promotional, marketing or other related purposes without additional compensation to you.

13.     Warranties and limitation of liability

13.1   Availability of the Site and Services is subject to an obligation of diligence with respect to access to and availability of the Site and Services and Impact cannot be held liable in the event of damage, of any sort whatsoever, if the Site becomes unavailable. You are hereby informed that the Site and Services may be momentarily unavailable for reasons of maintenance, servicing, upgrade of Services or for reasons beyond our control. We are not responsible for technical, hardware or software malfunctions, lost or unavailable network connections or disconnections from your platform, or any incorrect or inaccurate results that may be posted on your online Game or tournament.

13.2   We do not warrant that the Services will meet your requirements or expectations or that the use of the Services will be uninterrupted or free from errors.

13.3   Warnings: You hereby acknowledge that the use of this Site and associated services is provided ‘As Is’ basis with no warranty of any sort, and that you use the said  state and you use the Site and Services at your own risk. We cannot be held liable for the content, reliability or availability of the Services.

13.4   We shall not be held responsible for the all conditions of participation set using the Service and agreed by a participant and a tournament organizer. The organizer of the   tournament shall be wholly liable in the event of dispute between a participant. We decline all responsibility in the event of litigation arising during a tournament and will   instruct the participant to contact the designated organizer.

13.5  We assume no responsibility for the content, privacy policies or practices of any third-party websites or services that may be reached by following links presented in the Service. You further acknowledge and agree that We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

13.6  You acknowledge and agree that any and all agreements between you and any other User is made on your own risk and that We are not responsible for any of your loss or damage in relation to such agreements.

13.7  You agree that We and Our affiliates will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, arising from your use of or in connection with the Services.

14.     Personal Data

14.1  When using the Services, We may collect and process your personal data. In addition, you may also share your personal data with other users of the Services and in particular   tournament organizers or participants. You are required to be particularly vigilant about the personal data that you provide when using the Services and to never disclose   sensitive or risky information (such as political opinion, religious opinion, bank card number). For more information about the collection and processing of your personal data   and your rights, please read our Policy.

14.2   General information concerning the collection of your Personal Data by tournament organizers: The Services available on esukan.gg shall allow tournament organizers to  collect and process the Personal Data of the participants who are registered in their tournament. Tournament organizers are responsible for the processing of personal data  collected for the purposes of their tournament. As a tournament organizer, you can choose to define the purposes and means of processing implemented for the performance   of your tournament, which shall be in compliance with our Policy and with the Personal Data Protection Act, 2010 of Malaysia (“PDPA”). Esukan.gg shall only act as a   processor on behalf of the tournament organizer who is responsible for any processing carried out. In the event a tournament organizer collects personal data that does not   comply with the provisions of our Privacy Policy or with PDPA, We reserve the right to close the organizer’s account by written notice unless, the breaching organizer cures   such breach within fourteen (14) days, or in the event of a serious or repeated breach of any of such provisions with immediate effect.

14.3    Processing and the purpose of personal data collected by tournament organizers: When you organize a tournament, you may request from your participants to provide their   Personal Data. You are only authorized to collect the Personal Data of participants that are strictly necessary for the performance of your tournament and in particular to   verify that your participants comply with the conditions of your tournament. You may request from your participants to send proof to justify the accuracy of their Personal   Data.

14.4   Storage of Personal Data collected from tournament organizers: Tournament organizers are not authorized to store Personal Data for a longer period of time than specified in Our Policy. Tournament organizers undertake to take all appropriate security measures to protect esukan.gg and its users or visitors of the Website against any unauthorized access, modification, disclosure or destruction of Personal Data collected through the Services. Tournament organizers undertake to respect the rights of users concerning their Personal Data and in particular the rights defined in Our Policy or by any applicable law or regulation in force.

14.5   Abuse and Reports: If you believe that a tournament organizer is not acting in compliance with Our Policy, you may notify us by email to [email protected]

14.6   We have the right to send e-mails to your registered address. Our goal is to provide you with relevant information, which may include newsletters and tailored offers from         our partners and affiliates.

14.7   We are, unless otherwise stated, the controller of your Personal Data according to the PDPA, and is thereby responsible for the processing of the Personal Data you provide.   Your Personal Data is solely processed with the purpose to provide the Service, to comply with applicable law and to ensure that the User Account is used in accordance with these Terms. However, your Personal Data may be shared with third-parties for the same purpose. By registering a User Account, you agree to these Terms and Our Policy and give your consent of such processing of your Personal Data as described above.

14.8  You have the right to access your Personal Data gathered by Us via the Site. To exercise your rights afforded under this Terms or Our Policy, you may e-mail Us at [email protected] or send a written letter to Our registered address. You are further entitled to demand that We cease to process your Personal Data. Please note that if We receive such demand, you will no longer be able to access the Services.

15.     Limited access

15.1   We reserve the right to immediately limit the use or access to the Services and to block, restrict or delete any Content at any time, for any reason and without liability, if such   use, access or content constitutes or may   constitute a violation of these Terms or of any applicable local or international laws, rules or regulations.

15.2   We also reserve the right to limit, restrict or stop your access to the Services or remove your User Account and delete your Content, without prior notice or liability, if the     Content or your continued use of the Service risks       harming our trademarks or reputation.

15.3    The exercise of the rights mentioned above by Us shall not entitle you to any remuneration or compensation.

16.     Duration and termination

16.1   These Terms are considered to be in effect from the day you accept it, i.e. when you first access or use the Services, until We terminate them.

16.3   Your User Account may be terminated or suspended if We determine, in our sole and absolute discretion, that:

(a)      you have breached any part of these Terms or Our Policy;

(b)   doing so would be in Our best interest or if We are required to uphold a third-    party’s rights;

(c)    We have stopped offering any Services via Our website; or

(d)  you have (or We, in our sole and absolute discretion, have r grounds for suspecting that you have) made unauthorized use of someone else’s Personal Data.

16.3   Upon termination, your right to use the Service will immediately cease.

17.     Intellectual Property

    The Site, its contents and Services, its software, designs, models, databases, trademarks and logos are protected by intellectual property and copyright law. The user undertakes to respect these rights. Esukan.gg is the copyright of Impact . All rights reserved. The products and video games presented on the Site uses the intellectual property belonging to their respective owners.

18.     Severability

18.1   If any of the provision of these Terms between Us and you are held to be invalid or unenforceable, such provision shall be limited, modified or severed to the minimum extent necessary to eliminate its invalidation or unenforceability so that the remaining Terms otherwise remain in full force, effect and enforceable.

19.     Governing law

19.1   The Terms shall be construed in accordance with and governed by the laws of Malaysia.

20.     Disputes

20.1  Any dispute, controversy or claim arising out of or in connection with the Terms, or the breach, termination or invalidity thereof, shall be settled under the exclusive jurisdiction of The District Court of Malaysia.

21.     Contact Us

          You may contact us at https://www.esukan.gg/contact_us, for matters in relation to this Terms.