This Terms of Service applies to all Customers whom pipwave provides the services to. By signing the Business Service Agreement, you are deemed to have read and accepted the term and conditions stated herein and all relevant policies. pipwave may amend and update the terms from time to time and you hereby agree that your continuous provision of the Services shall signify your acceptance to the changes and any updates to the terms and conditions mentioned therein. The Terms of Service below govern your use of the relevant Services.

1. General

1.1 This Terms of Service, and all schedules and appendices attached or referred hereto, if any, the Business Service Agreement, and the Incorporated Documents would be collectively referred to as “the Agreement” between you and pipwave.

1.2 If there is a conflict between the documents, the order of priority, highest first, is:
(a) the Business Service Agreement;
(b) this Terms of Service; and
(c) any Incorporated Document.

2. Definitions and interpretations

2.1 In these Terms, unless the context otherwise requires, the following words and expressions shall have the following meanings:
Account means the account created and used by you to access or use the Services;

Applicable Laws means with respect to any person or thing, any supranational, national, state, provincial, municipal or local law, common law, regulation, directive, guideline, constitution, act of parliament, ordinance, treaty, convention, by-law, circular, guidance, notice, codes, rule (including the rules of any applicable stock exchange), order, injunction, judgment, decree, arbitral award, ruling, finding or other similar requirement enacted, adopted, promulgated or applied by an Authority, including any amendments, re-enactment or replacement of it, that has the force of law with respect
to such person or thing in any relevant jurisdiction;

Authority includes any supranational, national, state, municipal or local government, governmental, semi-governmental, intergovernmental, regulatory, judicial or quasi- judicial body, agency, department, entity or authority, stock exchange or self- regulatory organisation established under statute and shall include persons exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government;

Business Day means a day that is not a Saturday, a Sunday or a public holiday or bank holiday in the Federal Territory of Kuala Lumpur;

Business Service Agreement means the specific agreement which allows you to subscribe to Services which entered by you and pipwave;

Change in Control means a change in the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person or entity, whether through the ownership of securities, by contract, or otherwise;

Claim means any claim, demand or proceeding arising out of any cause of action (including breach of contract, tort (including negligence) and any other common law,
equitable or statutory cause of action);

Data means data or information relating to:
(i) you, pipwave or any relevant third party;
(ii) operations, facilities, customers, personnel, assets, and programs (including personal information or Personal Data) of pipwave or any relevant third party; or
(iii) data or information, in any format whatever, generated, stored, processed, retrieved, printed or produced by you or on your behalf utilising such data or information referred to in (i) and/or (ii) above.

Incorporated Documents mean any other related documents referred to in this Agreement;

Information means any information, details, content, dimensions, data, maps, locations, photographs, text, descriptions, specifications, audio or video clips, graphics, and/or other materials;

Intellectual Property Rights mean all rights, titles and/or interests in, to and/or under patents, registered designs, designs, copyrights, names, marks, trade names, trademarks, service marks and logos and all other intellectual, industrial and/or proprietary rights;

Loss means all damages, losses, liabilities, costs or expenses arising out of or in connection with:
(i) a right under the Business Service Agreement;
(ii) a cause of action in connection with the Business Service Agreement and/or the Services; or
(iii) any claims, actions or proceedings brought by any third party,

in each case, including breach of contract, tort (including negligence) and any other available cause of action at Law.

Materials means literary works or other works of authorship including design, technical, functional, operational or other specifications (including application programming interface and other interface specifications), architecture, standards, rules, regulations, policies, procedures, workflows, software, routines, codes, interfaces, job control and other logs, databases, compilations of data, program listings, software tools, methodologies, processes, scripts, user manuals, reference manuals, reports, plans, drawings and other written documentation and machine-readable text and files;

PDPA means the Personal Data Protection Act 2010;

Personal Data shall have the meaning prescribed to it in the PDPA;

pipwave is a solution provider company under Gamer2Gamer Sdn Bhd which providing Electronic Know Your Customer (EKYC) solution service, payment solution service and screening services to SMEs, marketplaces, platforms and e-commerce portals;

Privacy Policy means the policy published by pipwave governing the processing of Personal Data;

Platform means the platform developed and/or operated by pipwave;

Registration Process means the registration process set out by pipwave for you to register and open the Account with pipwave;

Representatives means the servants, employees, officers, agents, contractors, workmen, personnel and/or representatives of the relevant party;

Services means the service or services; as the case may be, subscribed in the relevant Business Service Agreement with you;

Systems means telecommunications and computer hardware and software and other
applications, tools, programming, interfaces, coding, configurations, hardware, peripheral equipment, networks, communications and other systems, numbering, domain names or electronic addresses, facilities, architectures and other equipment or elements of whatever nature and

You/your means all users of pipwave

2.2 In this Agreement, unless the context otherwise requires:
(a) denoting the singular include the plural and vice-versa;

(b) words denoting natural persons include bodies corporate and unincorporated;

(c) references to any law, legislation or to any provision of any law or legislation shall include all relevant regulations, statutory requirements and instruments issued under such law, legislation or provision and any variation, modification
or re-enactment of any of the foregoing;

(d) headings of this Agreement are inserted for convenience only and shall not affect the construction or interpretation of this Agreement;

(e) references to any party to this Agreement or any other agreement or instrument shall include that party’s successors and permitted assigns;

(f) no rule of construction or interpretation applies to the disadvantage or detriment of the party having control or being responsible for the preparation of this
Agreement; and

(g) any words following the terms including, include or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

3. What you have to observe

3.1 You must comply with pipwave’s policies and rules (as provided to you) to the extent that they are applicable to the receipt of the Services.

3.2 You must provide, operate, maintain and support, in good functioning condition, all your System and Materials required to interface with Pipwave’s Systems and Materials in order for pipwave to provide the Services to you and/or you to provide the
Services, as the case may be.

3.3 You must act with all proper diligence and in good faith and in a manner, which is consistent with this Agreement.

3.4 You agree to provide pipwave with access to all documentation, systems, and other resources reasonably required by pipwave under the Agreement.

3.5 In relation to any Services provided in accordance with the Agreement, you:
(a) must ensure that a standard of care, skill, diligence, prudence, and foresight is provided that would reasonably be expected of a competent provider of services, activities, and responsibilities similar to the Services (including in relation to technical and organisational security); and

(b) must ensure that a quality of Services that is equivalent to good industry standards and practices relevant to the Services.

4. Restrictions and Limitations that you have to comply

4.1 You must not commit or permit any copying, reselling, altering, modifying, creating
of derivative works, reverse engineering, decompiling, translating, disassembling, adding, attaching or extracting source code or any Confidential Information in connection with the pipwave or any other Systems, Materials and Data prepared, devised, written or provided in whole or in part by or on behalf of pipwave or any third party in connection with any Services; and

4.2 You must not permit any personnel, agents, third party contractors or other third parties under your control to, by act or omission or in any manner, encumber, impair or otherwise prejudicially affect the pipwave or any other Systems, Materials and Data prepared, devised, written or provided in whole or in part by or on behalf of pipwave or any third party in connection with any Services. This may be done by having in place security measures, systems, applications, and processes in accordance with good industry standards and practices.

4.3 You must ensure that, in relation to the provision of Services by you, no act or omission is committed or permitted by you which could reasonably be considered to be or likely to be:

(a) unsolicited, unauthorised, inappropriate, offensive, obscene, indecent, defamatory, abusive, harassing or threatening;

(b) damaging, disruptive, destabilizing, destructive, corruptive, intrusive, probing, circumventing or dangerous;

(c) infringing a third party’s rights; or

(d) adversely affecting or damaging the goodwill or reputation of pipwave.

4.4 You (including any personnel, agents, third party contractors or other third parties
under your control) must not make any public statement or act in any manner which is reasonably likely to disparage, criticise, or bring into disrepute pipwave or the other parties involved in enabling the Services.

5. General Obligations/What we need to comply

5.1 Both parties agree to ensure its compliance with applicable Law in connection with the Agreement and the Services and each party warrants and represents that it has obtained and will maintain all legal, regulatory and governmental approvals and
consents required from the relevant authorities in Malaysia, or in your case, in the Territory, in relation to its respective obligations under this Agreement.

5.2 You further warrant and represent that you have obtained and will maintain all necessary approvals, licenses, sub-licenses, rights, and consents from all other necessary third parties, in respect of the provision of Services.

5.3 You shall comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the pipwave and/or G2G Services as imposed or may be imposed by pipwave and G2G from time to time.

6. Use of the pipwave Services

6.1 In consideration of you agreeing to the terms and conditions contained in this Agreement, pipwave grants you a non-exclusive, non-transferable right to access and use the pipwave solely and to the extent necessary for the purpose of this Agreement. The pipwave shall not be commercialised in any manner whatsoever.

6.2 pipwave may market and promote to third parties the Services referred to in the relevant Business Service Agreement executed by you and pipwave.

6.3 You acknowledge and agree that pipwave or any agreed third party may, in combination with pipwave or the relevant third party’s own work or services, resell, distribute or sub-license, directly or indirectly, those Services in accordance with the Agreement. pipwave or any agreed third party may offer those Services on a worldwide basis (as determined by pipwave) unless specified otherwise in the relevant Business Service Agreement with you.

6.4 The pipwave and/or all Information contained on, in or made available through the pipwave shall be collectively referred to as “pipwave Services” and reference to pipwave Services shall include any part thereof. Save and except as otherwise stated in this Agreement or with pipwave’s prior written consent, you shall not and shall not attempt to, whether by yourself or by allowing any third party:

(a) copy, distribute, recreate, and/or disseminate pipwave Services except where
such act is incidental to the normal use of pipwave Services, or where it is necessary for the purpose of this Agreement or other back-up and/or operational security reasons;

(b) rent, lease, sub-license, loan, translate, merge, adapt, vary or modify pipwave Services;

(c) make alterations or modifications to the whole or any part of pipwave Services, or permit pipwave Services to be combined with, or become incorporated in, any other programs;

(d) disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of pipwave Services;

(e) provide or otherwise make available the underlying software of the pipwave in whole or in part (including object and source code), in any form to any person;

(f) use pipwave Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with or not authorised by this Agreement, or act fraudulently or maliciously;

(g) collect or harvest any Information from pipwave Services or G2G’s systems or attempt to decipher any transmissions to or from the servers running any of the pipwave Services;

(h) access any data or Information not intended for you, including without limitation logging into a server or an account which you are not authorized to access;

(i) use any device, software or routine to interfere or attempt to interfere with the proper working of the pipwave Service and/or transmit or distribute any malicious code, viruses, or harmful data into or through the pipwave Services or any operating system;

(j) misuse, abuse or hack into any aspect of pipwave Services in any manner whatsoever or otherwise compromise the integrity of pipwave’s software or systems;

(k) send, advertise or publish any unsolicited advertising or promotional content through or on pipwave Services; and

(l) use pipwave Services in a way that could: (i) damage, disable, overburden, impair or compromise pipwave’s systems, software and/or security; or (ii) interfere with other users’ use and enjoyment of pipwave Services.

7. Information submitted by you

7.1 You shall ensure that all Information provided to pipwave by you is true, complete, accurate and up-to-date and that you have all the necessary authority and right to publish or provide such Information. You warrant that pipwave’s use of any such Information will not infringe the right (including without limitation the Intellectual Property Rights) of any third party.

7.2 You shall not transmit or post (or cause to be transmitted or posted) through or on the pipwave Services any Information which is or may be unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages or may encourage conduct that would constitute a
criminal offence, give rise to civil liability or otherwise violate any law or which violates or infringes or may violate or infringe the rights of others.

7.3 By submitting or uploading any Information on or through the pipwave Services, you automatically grant, or warrant that the owner of such Information has expressly granted, pipwave the royalty-free, perpetual, irrevocable, non-exclusive right and license to reproduce, share, publish and distribute such Information (in whole or in part) on or through the Platform save and except for the Personal Data which is to be processed by pipwave in accordance with the Privacy Notice published on the Platform.

8. Personal data

8.1 All Personal Data collected by pipwave will be processed by pipwave in accordance with the Privacy Policy published on the Platform.

8.2 To the extent that any of the data or Information extended to you by pipwave and/or collected or processed by you on behalf of pipwave, pursuant to this Agreement, consists of Personal Data, you agree to: (i) comply with the requirements of the PDPA, and shall not conduct yourself in such a manner as to cause pipwave to be in breach of its obligations (as a “data user”) under the PDPA, (ii) observe pipwave’s published policies on Personal Data protection from time to time, (iii) on reasonable request by pipwave, give pipwave access to any Personal Data, and (iv) immediately notify pipwave if you become aware of a breach or possible breach of your obligations in relation to the processing of the Personal Data under this Agreement. This Clause shall survive the termination of this Agreement.

9. Confidentiality

9.1 “Confidential Information” means all Information of any kind, whether in machine readable or visually readable form, oral or otherwise and whether or not labelled as “Confidential”, that are made available by or on behalf of the disclosing party to the receiving party, whether before or after the commencement of the term of this Agreement, for the purposes relating to or in connection with this Agreement. The Confidential Information shall include without limitation technical information, data, know-how, information relating to the disclosing party’s or their respective affiliates’ business, trade secrets, revenue or income information, marketing strategies, financial condition and operations, and any other information that is by its nature confidential and proprietary to the disclosing Party or its suppliers/affiliates.

9.2 “Confidential Information” shall not include information that: (i) was, at the time of its disclosure, already in the possession of the receiving party free of any obligation to keep it confidential and such party can establish, through reasonably sufficient and credible competent evidence, such prior possession; (ii) is independently developed by the receiving party, (iii) is or becomes generally available to the public other than as a result of a breach of this Agreement by the receiving party or its Representatives; or (iv) becomes available to the receiving party on a non-confidential basis from a source other than the disclosing party or its Representatives; provided, however, that such source is not to the knowledge of the receiving party bound by a confidentiality agreement or other legal or fiduciary obligation of secrecy to the disclosing party.

9.3 Unless otherwise stated herein, the receiving party of any of the Confidential Information agrees not to disclose such Confidential Information to any person except (i) where such disclosure is required by law or the regulations of any securities
exchange or court of competent jurisdiction; (ii) where such disclosure is permitted under this Agreement; (iii) to their respective Representatives and/or legal, financial and/or accounting advisors who have a definite need to know such Confidential Information; and/or (iv) with prior written approval of the disclosing party.

9.4 In the event that any of pipwave’s Confidential Information is required to be disclosed in any manner due to the requirements of any applicable law or the regulations of any securities exchange or securities trading system, or court of competent jurisdiction, you shall give prompt written notice to pipwave prior to any disclosure sufficient under the circumstances to allow pipwave to seek a protective order or other appropriate remedy. You shall: (i) only disclose such minimum information as is legally required and shall, at the request of pipwave, use commercially reasonable efforts to obtain confidential treatment for pipwave’s Confidential Information that is to be disclosed and allow pipwave, if it wishes, to also take such measures as it deems necessary or desirable to challenge any such disclosure or to otherwise redact or minimize such disclosure; and (ii) fully cooperate with pipwave.

9.5 All Confidential Information shall solely be used for the purpose of this Agreement.

9.6 Notwithstanding anything contained herein, pipwave shall be entitled to disclose your Information to the relevant pipwave’s service providers for the purpose of providing the pipwave Services. You hereby irrevocably and unconditionally authorises pipwave to forward your contact Information to the relevant parties for the purpose of the Agreement.

9.7 This Clause shall survive the termination or expiry of this Agreement for any reason whatsoever.

10. Intellectual property rights

10.1 All existing Intellectual Property Rights of pipwave, its contractors, partners, services providers, suppliers, or licensors (if any) shall belong and remain with its respective owner. Nothing in this Agreement shall transfer or assign such Intellectual Property Rights to you.

10.2 All Intellectual Property Rights created and/or developed pursuant to this Agreement by pipwave (its suppliers, contractors, partners and/or licensors (if any)) shall belong absolutely to pipwave.

10.3 You shall not, whether by yourself or through any other person, engage in any conduct which will infringe the Intellectual Property Rights of pipwave or those of any third party in relation to your use of the pipwave Services.

10.4 You shall use any Information and/or properties made available to you by pipwave under this Agreement in which any of pipwave’s Intellectual Property Rights subsist solely for the purpose of and only to the extent permitted by this Agreement. This Clause shall survive the termination of this Agreement.

10.5 For claims of copyright infringement and notification procedure, please go to https://www.g2g.com/dmca.

11. Warranty, unavailability, and disclaimer

11.1 pipwave warrants that the pipwave Services will be provided with reasonable care and skill.

11.2 Information made available to you through the pipwave Services may be furnished to pipwave by third party, including without limitation the other users of the Platform. While pipwave will use reasonable endeavours to ensure that such Information is communicated to you in its original form as supplied by the third party, pipwave does not warrant that the said Information is accurate, complete, reliable, original, current, or error-free.

11.3 In relation to the use of the pipwave Services, pipwave does not warrant that:

(a) the operation of the pipwave Services will be uninterrupted or error-free;

(b) any defects in the pipwave Services will be corrected; and

(c) the Platform is free of viruses, bugs, online interruption or other harmful threats. You shall be responsible for implementing all necessary security and virus protection measures on or in your computer or mobile device before accessing the Platform.

11.4 You understand, acknowledge and agree that:

(a) advice or recommendations are a matter of opinion and may not represent the true application, quality or feature of a particular service, as such you accept that any advice or recommendation given by pipwave, its employees or agents is followed or acted upon entirely at your own risk, and accordingly pipwave shall not be liable for any such advice or recommendation;

(b) all transactions conducted on the Platform are through telecommunication and data network. As such, your receipt of the notification from pipwave and vice versa may be delayed or prevented by factors affecting the relevant service providers and other relevant parties. You accept that pipwave cannot guarantee the prompt delivery of such notification or confirmation; and

(c) there may be certain times that the pipwave Services may not be available due to maintenance, updating or upgrading works, or such other reasons beyond the control of pipwave. pipwave makes no warranty that the pipwave Services will be available at all times and pipwave shall not be held responsible or liable in any manner whatsoever for such unavailability.

12. Limitation of liability

12.1 To the maximum extent permitted by law and the Act,

(a) pipwave Services and all Information made available to you by G2G via the pipwave Services are provided on an “as is” and “as available” basis, without warranty of any kind, and pipwave hereby disclaims all warranties and conditions with respect to the pipwave Services and Information made available to you by pipwave unless otherwise stated in this Agreement;

(b) pipwave shall not be liable to you for any costs, loss, damages, claims, fines,
penalties, liabilities and/or expenses howsoever arising from the provision of any Information made available to you by pipwave through the Platform;

(c) in no event shall pipwave be liable for any indirect, incidental, punitive and/or consequential damages and/or losses, loss of profit, goodwill, production and/or revenue and/or any other type of special losses and/or damages howsoever arising whether or not such losses and/or damages were reasonably foreseeable or pipwave had been advised of the possibility of same incurring; and

(d) pipwave’s maximum and cumulative total liability (including any liability for acts and omissions of its Representatives) in respect of any and all costs, loss, damages, claims, fines, penalties, liabilities and/or expenses howsoever arising under this Agreement will be limited to an aggregate amount equal to the RM30.

13. Indemnity

13.1 You agree to defend, indemnify and hold pipwave, its affiliates and each of their respective directors, officers, employees and agents harmless from and against all costs, loss, damages, claims, fines, penalties, liabilities and/or expenses, including attorneys’ fees, arising howsoever under this Agreement including without limitation arising from or in connection with negligence, omission, and/or breach of this Agreement on your part. This indemnity shall be granted whether or not legal proceedings are instituted and, if such proceedings are instituted, irrespective of the means, manner or nature of any settlement, compromise or determination. For the avoidance of doubt, nothing in this clause shall prevent or restrict pipwave enforcing any other rights and obligations owed to it under this Agreement.

14. Force majeure

14.1 pipwave shall not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of the pipwave’s obligations under this Agreement, if the delay or failure was due to any cause beyond pipwave’s reasonable control, including but not limited to:

(a) fire, act of God, storm, explosion, earthquake, flood, tempest, accident or other natural disaster;

(b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;

(c) acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

(d) strikes, lock outs or other industrial actions or trade disputes;

(e) difficulties in obtaining raw materials, labour, fuel, parts or machinery; and/or

(f) telecommunication, transportation, power supply, or system disturbances or failures, or breakdown in machinery affecting the Platform, pipwave Services or any part thereof.

15. pipwave Rights and suspension

15.1 Without prejudice to any other rights pipwave may have under this Agreement or at law, pipwave shall have the right to immediately (without notice):

(a) suspend or cease your access to the Platform and/or pipwave Services;

(b) remove any Information submitted, uploaded or transmitted by you to or through the Platform;

(c) suspend or limit any or all of the activities in connection with your Account; and/

in any of the following events:

(a) pipwave is of the opinion that your performance of the Agreement is not satisfactory in pipwave’s sole discretion;

(b) pipwave is of reasonable opinion that your use of the Platform and/or pipwave Services will interfere or cause disturbances to other user’s use or enjoyment of the pipwave Services; or

(c) you are found to be in breach of any of the terms and conditions contained in this Agreement or pipwave suspects, on reasonable grounds, that you may have committed any such breach.

16. Terms

16.1 This Terms of Service shall be effective from the date of the Business Service Agreement until it is terminated.

16.2 Each Services shall start on the date as set out in the Business Service Agreement.

17. Termination

17.1 Without prejudice to any other rights that pipwave may have under this Agreement or at law, pipwave may immediately terminate this Agreement by notice in writing if:

(a) you are in breach of any of the terms and conditions of this Agreement (including any failure to pay an invoice by the due date) and such breach is not remedied by you within thirty (30) days’ of pipwave’s written notice; or

(b) you shall pass a resolution for winding up or becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration, including without limitation bankruptcy proceedings, or if a receiving order is made against you or you make any arrangement or composition with your creditors.

17.2 Without prejudice to any other rights and remedies pipwave may have under this Agreement or at law, upon termination:

(a) all rights granted to you under this Agreement shall cease;

(b) you shall immediately cease all activities authorised by this Agreement; and

(c) you shall immediately destroy or, at pipwave’s request, promptly return all pipwave’s Confidential Information which is in your possession and to certify to pipwave that you have done so.

17.3 Termination of all Business Service Agreement will automatically terminate the whole Agreement and the relevant Business Service Agreement covering those Services.

18. Variation

18.1 pipwave shall have the right at any time to add, delete, amend, or modify this Terms of Service, or any part thereof, or to impose new conditions. Such addition, deletion, amendment, or modification shall be effective immediately upon notice thereof, which may be given by means of, including, but not limited to, posting on the Platform, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the pipwave Services by you after the issuance of such notice shall be deemed to constitute acceptance of this Agreement with such addition, deletion, amendment, or modification.

18.2 You shall immediately notify pipwave in the event that you are not agreeable to any such addition, deletion, amendment, or modification and this Agreement shall be deemed terminated upon your notification to pipwave of your disagreement unless otherwise agreed by pipwave.

18.3 pipwave shall have the right at any time to change or discontinue any aspect or feature of the pipwave Services, including, but not limited to, content, hours of availability, and equipment needed for access and use.

18.4 No amendment or variation of this Agreement by you shall be valid and binding unless approved in writing by both parties.

19. Notices

19.1 to the address, email address or facsimile notified by the other party or made available to the other party though the Platform. Such notice shall be deemed to have been served (a) if delivered personally, the next Business Day after it has been delivered; (b) if sent by registered mail or courier, five (5) days after dispatch; (c) if sent by facsimile, upon receiving the confirmation report stating successful transmission of the facsimile if sent before 5p.m. on a Business Day and if sent after 5p.m. on a Business Day or on a non-Business Day, the next Business Day; or (d) if sent by e-mail, upon successful delivery of the email and recorded as a sent email if sent before 5p.m. on a Business Day and if sent after 5p.m. on a Business Day or on a non-Business Day, the next Business Day.

19.2 Except as otherwise agreed or provided in this Agreement, all notices and other communications to be given to any party pursuant to this Terms of Service shall be in writing and shall be valid and sufficient if dispatched or sent in the following manner:

If by pipwave to you

(a) by posting, publishing or sending a notification on or through the relevant Platform;

(b) by email to your email address provided or notified by you; or

(c) by short messaging services (SMS) to your mobile phone number registered with pipwave.

If by you to pipwave

(a) by hand, registered post, courier or other registered postal service to:

(b) by email to support@g2g.com

Attention to: GAMER2GAMER Sdn. Bhd. (pipwave)
Level 17, Unit 17-3 & 17-3A, Vertical Corporate Tower B, Avenue 10, The Vertical Bangsar South City, No 8, Jalan Kerinchi, 59200 Kuala Lumpur, Malaysia.

19.3 Notices shall be deemed to have been served (a) if delivered personally, the next Business Day after it has been delivered; (b) if sent by registered mail or courier, three (3) Business Days after dispatch; (c) if sent by e-mail, upon successful delivery of the email and recorded as a sent email if sent before 5p.m. on a Business Day and if sent after 5p.m. or on a non-Business Day, the next Business Day; (d) if sent by way of posting, publishing or sending a notification on or through the relevant Platform or by SMS, immediately upon successful posting, publishing or sending if posted, published or sent before 5p.m. on a Business Day and if posted, published or sent after 5p.m. or on a non-Business Day, the next Business Day.

19.4 Notwithstanding anything to the contrary in this clause, notification by way of email shall not be applicable to or valid with respect to any legal, notices, claims, demands, suits, actions and/or proceedings.

20. Entire agreement

20.1 This Agreement (together with any documents referred to herein) constitutes the whole agreement between the parties relating to the subject matter hereof and supersedes any prior agreements, understandings or arrangements between them, whether oral or in writing relating to the subject matter hereof and no representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as set out in this Agreement.

21. Assignment, novation, delegation and subcontracting

21.1 You shall not transfer, assign, novate and/or sub-contract any of your rights and/or obligations contained in this Agreement to a third party without pipwave’s prior written consent. pipwave may transfer, assign, novate, and/or sub-contract any or all of its rights and obligations under this Agreement to any of its affiliates.

22. No waiver

22.1 No failure or delay on the part of a party in exercising any rights or remedies under this Agreement at any time or for any period of time nor any knowledge or acquiescence by a Party of, or in, any breach of any provision of this Agreement shall operate as or be deemed to be a waiver thereof nor shall a waiver by that party of any breach constitute a continuing waiver in respect of any subsequent or continuing breach. A provision of right or remedy under this Agreement may not be waived except in writing signed by the waiving party.

23. Successors and assigns

23.1 This Agreement shall be binding upon the parties and their permitted legal assigns and successors in title.

24. Severability

24.1 Any term, condition, stipulation, provision, covenant or undertaking (“Provision”, and any reference to Provision shall include any part thereof) contained in this Agreement which is illegal, invalid or unenforceable shall be fully severable and
ineffective to the extent of such illegality, invalidity or unenforceability without invalidating the remaining Provisions contained in this Agreement which shall not be affected by the illegal, invalid or unenforceable Provision or by its severance herefrom. This Agreement shall be construed and enforced as if such illegal, invalid or unenforceable Provision had never comprised a part hereof. Where any Provision of, or the application of any provision of this Agreement is illegal or unenforceable or deemed to be illegal or unenforceable, the Provision shall continue to apply with the necessary modification in order that the Provision is legal, valid and enforceable provision.

25. No partnership/agency

25.1 Nothing in this Agreement shall create, or be deemed to create, a joint venture or partnership between/among the parties. No party has any authority to act, make representations or bind or contract on behalf of the other party.

26. Governing law

26.1 The construction, validity and performance of this Agreement shall be governed in all respects by the laws of Malaysia. The parties hereto submit to the exclusive jurisdiction of the courts of Malaysia.

27. Survival

27.1 The covenants, conditions and provisions of this Agreement which are capable of having effect and which shall by its nature survive after the termination or expiration of this Agreement shall remain in full force and effect following the termination or expiration of this Agreement.