FantasyXchange (“FantasyXchange”, “we”, “us”, “our”) is an online social e-game, e-sports, football manager and fantasy football platform for football fans.
FantasyXchange is registered in Malaysia under company Playpal Global Sdn Bhd, company registration number 1396761-D, with registered office address at331, Jalan 4/93, Taman Miharja 2 1/2 Miles, Jalan Cheras 55200 Kuala Lumpur W.P. Kuala Lumpur, Malaysia.
Please read these terms and conditions (“General Terms and Conditions”) carefully. They set out the basis on which you are allowed to use FantasyXchange, which can be accessed via our website at https://www.thefantasyxchange.com (the “Website”) and via our Android and iOS applications (“App”)
OTHER RULES THAT MAY APPLY TO YOU
These are other rules, which all apply to your use of our service.
Our Game Rules
These are the terms and conditions that govern the purchase of Player packs from the FantasyXchange in-game shop, the operation of the transfer market through which you can buy Player Cards from/Sell Player cards to other FantasyXchange Customers, the operation of the fantasy football games, tournaments and leagues, and the rules of our games;
If there is any inconsistency between any of the documents that make up the Service Terms, the following order will apply:
These General Terms and Conditions;
The Game Rules and Virtual Goods Terms;
Any Merchandise terms; and/or
End User License Agreements.
By using any part of the Service, you confirm that you are aged 18 or above, and have read, understood and agreed to be bound by the Service Terms. IF YOU DO NOT AGREE WITH ANY OF THE SERVICE TERMS YOU MUST NOT USE THE SERVICE.
If we notify you of a material change to the Service Terms and you do not accept those changes, your account will be suspended until further action by you to accept the changes of the new Service Terms or reject the new Service Terms and close your account with FantasyXchange.
DEFINITIONS AND INTERPRETATIONS
When a defined term is used, it has the meaning set out below or that is given to in the clause of these General Terms and Conditions where it was defined:
“Account refers to a FantasyXchange account held by a FantasyXchange customer.
“FantasyXchange Customer” is an individual who has opened an Account on FantasyXchange, via the Service.
“User”. “you”, and/or “your” refers to a visitor of the Services or a FantasyXchange Customer.
“Game(s)” means any mini, or other game available via our Service.
“Inactive Account” refers to an Account where the FantasyXchange Customer has not accessed their Account for more than twelve (12) months.
“Payment Methods” refers to all types of payment methods FantasyXchange makes available to the FantasyXchange Customer to perform in-game purchases (Including Debit and Credit Payment Cards, Direct Bank Transfer and Mobile Wallet Transfers).
“Player Card” refers to the football player cards created by FantasyXchange that can be obtained via buying player packs, purchased and/or sold via the Service and used to enter into fantasy football games or tournaments or other games available via the Service.
“Territories” shall mean Malaysia and any other territories as permitted from time to time by FantasyXchange.
“Tournament” shall mean any fantasy football tournament, league, or competition available via our Service.
“Transaction” shall refer to any sale or purchase of Player Cards and/or tickets to enter, and participation in, any football tournament, or any other games via our Service.
“Prizes” refers to any winnings, rewards and prizes that are won from any games, tournaments, leagues, and competitions on FantasyXchange, of which are redeemable/withdrawable.
All References to “including” shall mean “including without limitation”.
All references in these General Terms and Conditions to the singular shall include the plural and vice versa.
WE MAY MAKES CHANGES TO THE SERVICE AND OUR SERVICE TERMS
We (at our discretion) may make changes to the Service (including adding or removing functionality on a temporary or permanent basis) and/or the Service Terms from time to time and at any time.
If we make material changes to the Service Terms (excluding the End User License Agreements) we will notify you before they come into effect via email (to the email address registered to your Account), via a pop-up when you next log in to your Account or via a notification on the Website/App. We will notify you of any minor changes via email (to the email address registered to your Account). However, you are responsible for regularly reviewing the Service Terms so that you are aware of any changes.
HOW YOU MAY USE OUR SERVICE
By using our service, you confirm and agree that you:
Are at least 18 years old or above.
Will not access or use the Service from outside the Territories and particularly in any jurisdiction in which the Services offered by us are or are likely to be illegal or might be considered unlawful by the relevant Applicable Law.
Are capable of entering into binding contracts by law.
Are a resident of Malaysia.
Are using the Service for your own personal entertainment and that you are not acting on behalf of, or in conjunction with, another person or party when using our Service.
Are not directly involved in any sport, competition or league in relation to that which we offer our Services (including a professional player, official or other participant or close friend or relative of the same).
Are not making in-game purchases using monies originating from criminal and/or any other illegal or unauthorized activities or conducting criminal activities whereby an Account is directly or indirectly involved.
Are not depositing monies through a Payment Card and/or bank account in the name of, or that belongs to, a third party and/or utilising a Payment Card and/or bank account in a sanctioned territory.
Will keep your Account details up-to-date including your:
Have provided information that is true, complete and correct in the registration process. Failure to do so may result in suspension of Account, Transactions or payments being delayed, declined or payments being issued incorrectly.
Will not open more than one Account with us.
Will not, as the FantasyXchange Customer, permit any other person to access, use, deposit money into, carry out a Transaction from your Account.
Will only deposit your own funds into your Account and, in particular, you will not use funds borrowed or loaned from another person or company, to carry out Transactions on the platform or deposit money into your Account.
Any Transactions made through the Service, where the correct account name and password of the FantasyXchange Account have been used will be regarded as valid and having been made by you;
You must not:
Misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
Use any technology (including any software) which allows you to cheat.
Use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm, or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of our Service.
Attempt to gain unauthorized access to our Service, the server on which our Website is stored or any server, computer or database connected to our Service.
Attack our Service via a denial-of-service attack or a distributed denial-of service attack.
Attempt to restrict another user of the Service from using or enjoying the Services and you must not encourage or facilitate the breach of the Service Terms by others.
Use the Service or any illegal, fraudulent, or unauthorized purpose
Do anything to inaccurately imply an association or partnership between a third party and our Service or an endorsement by us of that third party.
By using our Service, you acknowledge and agree that you only receive a license to use and enjoy the Player Cards and that you have no ownership or other proprietary interest or rights in any Player Card. You also agree and understand by accepting these General Terms and Conditions that Player Cards may not be bought, sold, copied, reverse engineered, decompiled, exchanged, transferred, or redeemed outside of the Service and that Player Cards have no real-world value. We grant you a limited, non-exclusive, non-transferable, revocable, limited license to use and enjoy the Player Cards in connection with our Service for your individual, non-commercial, entertainment purposes only and expressly conditioned upon your compliance with these General Terms and Conditions, and for as long as we (acting reasonably) decide to make the Service available to you. If we close or suspend your account, or suspend or terminate the Service, any license granted by FantasyXchange to you in the Player Cards ends immediately. Unless stated otherwise, FantasyXchange shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking, or any other damage or loss of any kind caused to Player Cards, including the deletion of Player Cards upon the termination or expiration of your account or any other reasonable changes FantasyXchange may make to the Service.
TRANSACTIONS WITHIN OUR SERVICE
All Transactions on the FantasyXchange platform must be done via in-game currency.
In game currency can be bought via the in-game shop.
Any purchase of in-game currency via secured Payment Methods are final and non-refundable.
It is your responsibility to read these General Terms and Conditions and the Game Rules carefully to understand the terminology used in relation to Transactions involving our Service. As explained in clause 4.1, the Game Rules can change periodically. We cannot accept any responsibility if you carry out a Transaction in circumstances where you do not fully understand any of the terms involved or how the Transaction or the Service is operated.
Except for orders placed for the sale or purchase of a Player Card in the FantasyXchange Transfer Market, all other Transactions are offers until such time as they are accepted by FantasyXchange and such transactions are not accepted by FantasyXchange until the corresponding value is deducted from your in-game currency Account balance and the Transaction is recorded in our servers. Orders placed for the sale or purchase of a Player Card in the FantasyXchange trading platform are not accepted until the order is accepted by another FantasyXchange user and the sale/purchase is executed. Any order for the sale or purchase of any Player Card may be matched and executed or voided or cancelled by us before it is executed, and we may accept or refuse to accept any other Transaction that you attempt to place, at any time and for any reason.
Each Transaction is considered a separate Transaction. Information on whether a Transaction has been accepted or declined will be available in the ‘Transaction History’ of the relevant Account. You must verify for yourself that the details of the Transaction are correct and accurate before the Transaction is placed. If you have put a card up for sale but you put the wrong price on the card in error or you change your mind, you can visit your ‘my transfers’ tab and delete the sale, provided that another player has not already purchased the card. All other Transactions are irrevocable once placed, and you cannot cancel them even if they were made in error.
Transactions must be made through our Services and not by accessing or attempting to access any API endpoint or by any other means without our explicit written approval. Any request to make a Transaction (whether by post, email or otherwise) shall not be accepted and where received will be void regardless of the outcome.
Any promotions made available to FantasyXchange Customers shall be available to you at our discretion subject to any terms of such promotions made available and communicated at the time.
The time of a Transaction shall be the time at which the Transaction was accepted by our servers.
You fully accept and agree that GACHA algorithm will determine the content of player packs purchased via the FantasyXchange Shop.
TOURNAMENTS, LEAGUES AND COMPETITIONS
FantasyXchange hosts two types of tournaments:
The Season Long Tournament
The Weekly Tournaments
All Tournament results are based on “live statistics” from live game play.
The result of a Tournament will be determined at the time of conclusion of the relevant live or virtual football match (as applicable) unless otherwise stated. In the event that: (i) the relevant live match is cancelled and does not take place at any time in the future, we will return any tournament entry ticket used by you; (ii) the relevant live match is cancelled or suspended and the same match takes place, or concludes, at a later time or on a later date, the outcome of the Tournament will be determined at the time of conclusion of the match and no refunds will be made; (iii) a decision is officially overturned in connection with the relevant live match, which changes the outcome of a Tournament, we reserve the right to change the outcome of the Tournament to reflect the overturned decision within one hour after conclusion of the match and no refunds will be made (our decision shall be final and your Account shall be updated to reflect the adjusted outcome) After one hour, the results of the Tournament will be final even if any decision in connection with the match is officially overturned after that time. FantasyXchange does not recognize protests in connection with any matches unless a decision which changes the outcome of a Tournament is officially overturned.
Once players’, teams’, Leagues’ and/or other results and rankings are calculated and assigned, such results and rankings will not be changed regardless of any official statistics or scoring adjustments made by any sports legal bodies or official leagues at later times and dates, except in the Company’s sole and absolute discretion.
FantasyXchange may periodically introduce limited time seasonal or promotional mini games and competitions.
GAME OF SKILL
The platform itself is known to be a platform of game of skill as the features by the platform is a skill based game. This game may not be used for any form of illicit gambling.
The approach of this game is based on the study made from football matches and players talent and not any form of gambling. There are no elements of prediction or chance involved.
Rules and scoring criteria for the game can be found in the Game Rules.
FantasyXchange may choose to award prizes in respect of the Game (“Prizes”). Such Prizes will be available at the discretion of the Premier League and in accordance with criteria set by it. FantasyXchange reserves the right to alter and amend the Prizes or the criteria for winning a Prize, where circumstances beyond its reasonable control require it to do so.
Prizes are not transferable and are non-exchangeable in any circumstances. FantasyXchange will make reasonable endeavors to accommodate any needs or requirements of Prize recipients and where a Prize includes travel or attendance at an event, FantasyXchange will seek to agree dates with the recipient. However, where the recipient is unavailable on the dates provided by FantasyXchange, the Prize may be forfeited, or another recipient selected
Subject to compliance with these Terms, all Players are eligible to win the Prizes. However, where a Player is under the age of 18, they will not be eligible to win any cash element of a Prize (if applicable) and parental or guardian consent must be obtained. Such consent must include confirmation that the parent/guardian consented to the Player’s Entry to the Game, they consent to the Player being awarded a Prize and will accompany the Player during any travel connected to the Prize.
In the event of a tie, the tie breakers as stated in the game rules will be applied. In the case of an unresolved tie breaker, the platform reserves the rights to resolve the dispute by making a fair allocation of prizes of equal or as close to equal as deemed fit based on the platform’s discretion.
Winners will be notified of their success by announcement within the game and by email in respect of the Prizes, using the email address used when Registering.
Where applicable, Gift not collected within thirty (30) days from date of notification by FantasyXchange shall be disposed of at FantasyXchange’s sole discretion. FantasyXchange’s decision regarding the award of all prizes and in all matters relating to any tournaments, shall be final and binding on all participants in any tournaments, and no queries, challenges, or appeals may be made or entertained regarding FantasyXchange decisions on the same.
You hereby consent to the use by the FantasyXchange of your name or team names for future promotional, marketing and publicity purposes of the FantasyXchange or the Game without any compensation or prior notice. If you have an objection to the use of your name or team, please contact email@example.com.
FantasyXchange may wish to use the name and photograph of winners for promotional, marketing and publicity purposes in any and all media worldwide. FantasyXchange will contact winners to request their consent to their image being used. Where a Player is under 18, parental consent will also be required.
We take appropriate steps in accordance with industry standards to ensure that no errors are made in prices offered by us through the Service or Transactions accepted. However, human and/or systems’ error may occasionally result in errors.
When an error in our system has affected any transactions, we shall endeavor to correct them and to void any transactions affected by such errors. The price set by us at the time of acceptance shall be applied for the refund of those transactions to your Account.
If for any reason, such as a result of a bug or other fault in the system, you receive a Player Card in error or notice any other erroneous outcomes, it is your responsibility to notify us of the error without delay.
CLOSURE AND SUSPENSION OF ACCOUNT OR SERVICE
Any breach of the Game Rules from time to time shall also be a breach of these Terms and Conditions. In the event of any breach by you of these Terms and Conditions, FantasyXchange reserves the right at its sole discretion to permanently or temporarily close or suspend your Account.
If you opt to exclude yourself from any further involvement with this service, please contact us at firstname.lastname@example.org if you wish to close your Account.
We may terminate these General Terms and Conditions and close your Account or suspend your Account or suspend or terminate the Service and/or any part of it (including Player Cards) at any time for any reason that we deem to be reasonable.
If we suspend your Account or terminate the Service and close your Account we will, where possible, notify you in advance of our decision by sending an email to the email address associated with your Account; other than if you self-exclude, if we close your Account: (i) any orders for the sale or purchase of Player Cards that have not yet been accepted by another FantasyXchange user and executed shall be cancelled; (ii) your Player Cards will be cancelled; (iii) any other Transactions that we consider relevant will be void.
We may also be required to suspend or close your Account or the Services in order to comply with our legal or regulatory obligations or if we are requested to do so by the police, by any regulatory authority or by any court or other competent authority.
If your Account is suspended, you will not be able to access or use it. During any period of suspension, we may further investigate the event that gave rise to the suspension. If our investigation into the event giving rise to a suspension concludes that we have the right to terminate these General Terms and Conditions and close your Account, we may do so. If the investigation into the event giving rise to a suspension determines that the suspension on your Account should be lifted, then we will remove such suspension.
If your Account has been closed at the discretion of FantasyXchange by valid reasons for breach of this Terms and Conditions, you will be disqualified from being a FantasyXchange customer. You shall not be eligible to register for the Service or participate in the Game under any other identity.
If your Account becomes inactive for a period of 12 months or longer, it will be deemed a Dormant Account, and FantasyXchange reserves the right to irreversibly close your Account.
INTELLECTUAL PROPERTY IN OUR SERVICE
We are the owner of ‘FantasyXchange’ and any other marks used by us are the trademarks, service marks and/or trademarks of FantasyXchange, its subsidiaries or associated companies and/or it licensors. Further, all other material used by us including but not limited to the software, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) is owned by us and/or our licensors and is protected by copyright and/or other intellectual property rights. You obtain no rights in such copyright material or trade or service marks and must not use them without our written permission.
Your use of the Service (including, for the avoidance of doubt, any intellectual property and/ or services we may license from third parties from time to time which forms part of the Service) is for your personal, entertainment use on a single computer only. You may not use the Services or any intellectual property contained therein for any commercial purpose.
We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable right to use the software we make available to provide the Services (the ‘Software’) and all content derived from the Software, including, but not limited to, the copyright and all other intellectual property rights therein, in connection with the Services in accordance with this Agreement. The Software is the valuable intellectual property of FantasyXchange and/or its associated companies and/or its licensors. You obtain no rights to the Software except to use it in accordance with these Agreements. You must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; (b) sell, assign, sublicense, transfer, distribute, lease or grant a security interest in the Software; (c) make the Software available to any third party through a computer network or otherwise; (d) export the Software to any country (whether by physical or electronic means); or (e) use the Software in a manner prohibited by applicable laws, regulations and/or this Agreement.
FantasyXchange does not claim any intellectual property rights relating to the name and image of any sports team, event organiser and/or player which is featured on its Service and those names and/or images are used strictly in order to provide the Services. From time to time FantasyXchange may, however, enter into arrangements with third parties which grant FantasyXchange the right to use certain materials on its Service.
LINKS TO THIRD PARTY WEBSITES
The Service may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such websites. We recommend you review those websites’ terms and conditions and privacy policies to ensure you are happy to use them.
Governing law and jurisdiction. These General Terms and Conditions and any dispute or claim arising out of or in connection with our Service (including any non-contractual disputes or claims) shall be governed by Malaysian law. The courts of Malaysia will have exclusive jurisdiction over any such dispute or claim. We retain the right to bring proceedings against you for breach of the Terms of Service in your country of residence or any other relevant country.
Waiver. Failure by us to insist upon strict performance of any of your obligations or to exercise any of the rights or remedies to which we are entitled shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any provision shall not constitute a waiver of any subsequent breach of that provision.
Entire Agreement. The Service Terms constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter. You acknowledge that in entering into this agreement you have not relied on and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) by FantasyXchange or its representative that is not set out in our Service Terms.
You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in our Service Terms. Nothing in this clause shall however limit or exclude any liability for fraud.
Transfer of rights and obligations. You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with your use of the Service, without our prior written consent. You agree that we may transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with the Service. You also agree that we may use third parties and sub-contract our obligations provided that we remain responsible to you for the performance of these General Terms and Conditions.
Severance. If any of these General Terms and Conditions should be found to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be removed and the remaining terms shall survive and remain in full force and effect and continue to be binding on and enforceable by FantasyXchange and you.
FantasyXchange will give notice to you via the Service or using the contact information you provided to us as part of your registration for an Account. Notice will be deemed received and properly served immediately when posted to the Service, 24 hours after an email is sent, or three days after the date of posting any letter. This clause does apply to the service of legal proceedings.
Playpal Global Sdn Bhd (1396761-D)
Wisma Pesaka Antah, 6 Jalan 13/6,
46200 Petaling Jaya, Malaysia.