90s Card Terms of Service

Effective Date: February 3, 2025

1. Introduction and Acceptance

Welcome to 90s Card. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and 90S CARD SDN. BHD. (Company No. 202501056119 (1657525-X)) (“90s Card,” “we,” “us,” or “our”).

By accessing or using our website, mobile applications, or any related services (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website or app. Your continued use of the Services after any changes constitutes acceptance of the revised Terms.

2. Description of Services

90s Card is an online digital Pokémon card pack opening platform where users can:

Purchase virtual packs containing real physical Pokémon cards
Open packs digitally to reveal the cards inside
View and manage their digital card collection (“Vault”)
Choose to keep cards in digital storage, sell cards back to the platform, or request physical shipping of cards
Access information about card values, conditions, and grading

Important Clarifications:

90s Card is an entertainment platform for collectors and hobbyists
All packs contain real, pre-determined physical cards
The digital pack opening experience reveals cards that already exist in our inventory

3. Eligibility

To use the Services, you must:

Be at least 18 years of age
Have the legal capacity to enter into a binding agreement
Not be prohibited from using the Services under applicable laws
Provide accurate and complete registration information

By using the Services, you represent and warrant that you meet all eligibility requirements. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion if we believe you do not meet these requirements.

4. Account Registration

4.1 Account Creation

To access certain features of the Services, you must create an account. You agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Keep your login credentials secure and confidential
Notify us immediately of any unauthorised access to your account

4.2 Account Responsibility

You are solely responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4.3 One Account Per User

Each user may maintain only one account. Creating multiple accounts may result in termination of all associated accounts.

5. Purchases and Payments

5.1 Pricing

All prices are displayed in the currency indicated on our platform. Prices are subject to change without notice. The price at the time of purchase will apply to your transaction.

5.2 Payment Methods

We accept payment methods as displayed during checkout. By providing payment information, you represent that you are authorised to use the payment method and authorise us to charge the applicable fees.

5.3 Payment Processing

Payments are processed by third-party payment processors. Your use of these payment services is subject to their respective terms and conditions. We are not responsible for errors or issues caused by payment processors.

5.4 No Refunds on Digital Pack Purchases

All purchases of virtual packs are final and non-refundable once the pack has been opened. By purchasing and opening a pack, you acknowledge that you have received the service (the digital reveal experience) and the cards contained within. Refunds for unopened packs may be considered on a case-by-case basis at our sole discretion.

5.5 Taxes

You are responsible for any applicable taxes, duties, or fees associated with your purchases, unless otherwise stated.

6. Digital Pack Opening

6.1 How It Works

When you purchase a virtual pack:

You are purchasing the right to digitally reveal cards from our physical inventory
The cards in each pack are real, physical cards that exist in our warehouse
Upon opening, the revealed cards are added to your digital Vault
You may then choose what to do with each card (keep, sell back, or ship)

6.2 Card Authenticity

All cards available through our Services are authentic Pokémon cards. We source cards from legitimate distributors and verified sellers. Cards may be raw (ungraded) or professionally graded by recognised grading services.

6.3 Card Condition

Card conditions are described to the best of our ability. For raw cards, conditions may vary. Graded cards will reflect the grade assigned by the grading company. Minor variations in condition descriptions do not constitute grounds for refunds.

6.4 Pack Contents

Pack contents are determined by our inventory allocation system. We do not guarantee specific cards, rarities, or values in any pack. The excitement of pack opening lies in the surprise of what you may receive.

7. Digital Vault

7.1 Card Storage

Cards you choose to keep are stored in your digital Vault. While in the Vault:

Your physical cards are securely stored in our facility
You retain ownership of the cards
You can view your collection at any time
You can request shipping or sell back at any time (subject to availability)

7.2 Storage Duration

We will store your cards for as long as your account remains active and in good standing. We reserve the right to impose storage fees or time limits in the future, with reasonable notice provided to users.

7.3 Risk of Loss

While we take reasonable precautions to protect stored cards, we are not insurers. Our liability for loss or damage to stored cards is limited as set forth in Section 14.

8. Selling Cards Back (Buyback)

8.1 Buyback Option

You may choose to sell cards back to 90s Card at prices displayed on our platform. Buyback prices are determined at our sole discretion and may change at any time.

8.2 Buyback Process

When you sell a card back:

You transfer ownership of the card to 90s Card
The card is removed from your Vault
You receive the stated buyback value as account credit or payment (as available)

8.3 Buyback Finality

All buyback transactions are final. Once you confirm a buyback, you cannot reverse the transaction.

9. Physical Shipping

9.1 Shipping Requests

You may request physical delivery of cards in your Vault. Shipping fees and options will be displayed at the time of request.

9.2 Shipping Address

You are responsible for providing accurate shipping information. We are not liable for delays, loss, or damage caused by incorrect addresses.

9.3 Shipping Times

Estimated shipping times are not guaranteed. Actual delivery times may vary based on location, customs processing, and carrier performance.

9.4 Risk of Loss in Transit

Risk of loss passes to you upon delivery to the shipping carrier. We recommend purchasing shipping insurance for valuable items where available.

9.5 Customs and Import Duties

International shipments may be subject to customs duties, taxes, or fees imposed by the destination country. You are solely responsible for these charges.

9.6 Shipping Restrictions

Certain items may not be shippable to all locations due to legal or logistical restrictions. We reserve the right to refuse shipping requests that we cannot fulfil.

10. Prohibited Conduct

You agree not to:

Violate any applicable laws or regulations
Use the Services for any illegal or unauthorised purpose
Create multiple accounts or use another person's account
Attempt to manipulate, hack, or exploit the Services
Use bots, scripts, or automated methods to access the Services
Interfere with or disrupt the Services or servers
Circumvent any security measures or access controls
Engage in fraudulent activity, including payment fraud
Harass, abuse, or harm other users or our staff
Infringe upon intellectual property rights
Resell or commercially exploit the Services without authorisation
Misrepresent your identity or affiliation

Violation of these prohibitions may result in immediate account termination and legal action.

11. Intellectual Property

11.1 Our Content

The Services, including all content, features, designs, graphics, logos, and software, are owned by or licensed to 90s Card and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

11.2 Trademarks

“90s Card” and our logos are trademarks of 90S CARD SDN. BHD. You may not use our trademarks without prior written consent.

11.3 Third-Party Content

Pokémon, Pokémon card images, and related trademarks are the property of The Pokémon Company, Nintendo, and their affiliates. 90s Card is not affiliated with, endorsed by, or sponsored by The Pokémon Company or Nintendo. All third-party trademarks are the property of their respective owners.

11.4 User Content

If you submit any content to our Services (such as reviews or comments), you grant us a non-exclusive, royalty-free, worldwide licence to use, display, and distribute such content in connection with the Services.

12. Privacy

Your use of the Services is subject to our Privacy Notice, which describes how we collect, use, and share your personal information. By using the Services, you consent to the practices described in our Privacy Notice.

13. Disclaimers

13.1 “As Is” Basis

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13.2 No Guarantees

We do not guarantee that:

The Services will be uninterrupted, secure, or error-free
Any defects will be corrected
The results from using the Services will meet your expectations
Card values will increase or maintain their value

13.3 Investment Disclaimer

Cards purchased through 90s Card are collectibles, not investments. We make no representations about future card values. Card values can decrease as well as increase. Do not spend more than you can afford to lose.

13.4 Third-Party Services

We are not responsible for third-party services, including payment processors, shipping carriers, or grading companies.

14. Limitation of Liability

14.1 Exclusion of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, 90S CARD SDN. BHD., ITS DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.

14.2 Liability Cap

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless 90S CARD SDN. BHD., its directors, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

Your use of the Services
Your violation of these Terms
Your violation of any rights of another party
Any content you submit to the Services

16. Termination

16.1 Termination by You

You may terminate your account at any time by following the account deletion process or contacting us at 90scard@proton.me.

16.2 Termination by Us

We may suspend or terminate your account at any time, with or without cause or notice, including for:

Violation of these Terms
Fraudulent or illegal activity
Extended period of inactivity
Requests by law enforcement

16.3 Effect of Termination

Upon termination:

Your right to access the Services will cease immediately
You must request shipping of any cards in your Vault within 30 days
Cards not claimed within 90 days of termination may be forfeited
We may retain certain data as required by law

16.4 Survival

Provisions regarding intellectual property, disclaimers, limitation of liability, indemnification, and governing law shall survive termination.

17. Governing Law and Miscellaneous

17.1 Governing Law

This Agreement is governed by the laws of Malaysia, including the Personal Data Protection Act (PDPA).

17.2 Dispute Resolution

Disputes shall be resolved through negotiation. If unresolved, they shall be submitted to Malaysian courts.

17.3 Severability

If any provision is held invalid, the remaining provisions shall remain effective.

17.4 Language

In case of discrepancies between translated versions of this Agreement, the English version shall prevail.

17.5 Effectiveness and Interpretation

This Agreement becomes effective upon your acceptance during registration. 90s Card reserves the right of interpretation and revision.

17.6 Entire Agreement

These Terms, together with our Privacy Notice and any other policies referenced herein, constitute the entire agreement between you and 90s Card regarding the Services.

17.7 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

17.8 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

17.9 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, strikes, government actions, or internet outages.

17.10 Notices

We may provide notices to you via email, posting on the Services, or other reasonable means. You may contact us at 90scard@proton.me.

18. Contact Us

If you have any questions about these Terms of Service, please contact us:

Email: 90scard@proton.me

Company:
90S CARD SDN. BHD.
Company No. 202501056119 (1657525-X)