Terms & Conditions

Welcome to Monqi Games and our website at www.monqigames.com (our “website”). These Terms and Conditions (these “Terms”) constitute a legal agreement between you and Monqi Games governing the use of our website and services.

1. ABOUT US
   • We are Monqi Games (“Monqi Games”, “we”, “us”, “our”).
   • To contact us, please use team@monqigames.com.
   • These Terms were last updated on Sunday, 15th of December 2024.
   • The following also apply to these Terms and form an integral part of these Terms:
     • our Privacy Policy; and
     • our Cookie Policy.

2. GENERAL
   • By using our website, you are deemed to accept the following Terms ("our website" means the whole or any part of the web pages located at www.monqigames.com, and include the layout of our website; individual elements of our website's design; underlying code elements of the website; or text, sounds, graphics, animated elements, or any other content of our website) operated by Monqi Games.
   • As you browse through our website, you may access other websites that are subject to different terms and conditions. When using these other sites, you will be bound by the terms and conditions posted on those websites.
   • Monqi Games may change these Terms at any time without notice. Any amendment will be effective immediately. Your use of our website after any amendment constitutes an agreement by you to comply with and be bound by the amended terms and conditions. Accordingly, you should read these Terms from time to time for changes.

3. USER LICENSE AND GAMING CONTENT
   • We grant you a non-exclusive, limited, non-sublicensable, and non-transferable right to use our website, subject to the limitations set forth in these Terms and any other limitations communicated by us in writing. Nothing in these Terms prohibits Monqi Games from providing our website to others.
   • Except for the limited rights expressly granted below, we reserve all right, title, and interest in and to the website, including all associated intellectual property rights. Any games available through our website are owned by Monqi Games or its partners. No rights are granted to you hereunder other than as expressly set forth herein. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the website, use of the website, or access to the website without our express written consent. You may not duplicate, copy, or reuse any part of the visual design elements without our express written consent.
   • Users may create, upload, livestream, and monetize videos on online (live streaming) websites using gameplay and screenshots from games available on our website (“Gaming Content”), subject to the following conditions: (i) Monqi Games’ website and its logo will be clearly visible and not obscured, (ii) only monetize such videos and streams in accordance with the monetization methods available on such online websites (e.g., Youtube, Twitch,...), (iii) you do not imply or state that your Gaming Content is officially affiliated with, sponsored, endorsed, or approved by Monqi Games (except when we have entered into a partnership with you) and (iv) the User is responsible for any third-party content (e.g., music) that it uses together with the Gaming Content. Monqi Games reserves the right to take action at any time against Gaming Content that Monqi Games believes is unlawful, infringing, inappropriate or not in accordance with these Terms.
   • Monqi Games will use its best efforts to resolve any issues, provided that the User complies with these Terms.

4. ADVERTISEMENTS, THIRD-PARTY WEBSITES, AND PROMOTIONS
   • Our website contains links to other websites on the internet. We are neither responsible for nor endorse the content, products, services, or practices of third-party websites, including, but not limited to, websites embedded in our website or third-party advertisements, and make no representations regarding the quality, content, accuracy, or suitability of these websites in the context of your viewing or use. Your use of third-party websites is at your own risk and subject to the terms of use of such websites.
   • IN THE EVENT THAT YOU CHOOSE TO PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY, MONQI GAMES IS NOT RESPONSIBLE FOR SUCH PRODUCTS OR SERVICES, AS IT IS NOT A PARTY TO SUCH A TRANSACTION AND IS NOT LIABLE FOR ANY DIRECT OR INDIRECT COSTS OR DAMAGES ARISING FROM ANY DISPUTE BETWEEN YOU AND SUCH THIRD PARTY. NEITHER MONQI GAMES, NOR ITS LICENSORS OR CONTRACTORS, MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE GOODS OR SERVICES OFFERED BY SUCH MERCHANT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF CERTAIN RIGHTS OR COMPATIBILITY.

5. INTELLECTUAL PROPERTY RIGHTS
   • Our website is our copyright property. All rights are reserved.
   • You are provided with access to it only for your personal and non-commercial use. Other than for these permitted purposes, and for the purposes of and subject to the conditions prescribed under statutes that apply in your location, you may not, in any form or by any means:
     • adapt, reproduce, store, distribute, transmit, print, display, perform, publish, or create derivative works from any part of our website; or
     • commercialise any information, products or services obtained from any part of our website;
     • without our written permission.
   • All rights in our website and the content on our website, including copyright, design rights, source codes, and any other intellectual property rights in any of the foregoing, are reserved to Monqi Games and/or their content and technology providers.
   • All trade names, service marks, and other product and service names and logos displayed on the website are proprietary to their respective owners and are protected by applicable copyright laws.
   • Nothing contained on the website should be construed as granting any license or right of use of any other person's or entity's intellectual property that is displayed on our website without their express permission.
   • You may not remove, change, or obscure the Monqi Games logo or any notices of proprietary rights on any content of our website.

6. PROHIBITED USES
   • You may use our website only for lawful purposes. You may not use our website:
     • in any way that breaches any applicable local or international laws or regulations;in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
     • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
     • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
   • You also agree:
     • not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms; and
     • not to access without authority, interfere with, damage, or disrupt:
       • any part of our website;
       • any equipment or network on which our website is stored;
       • any software used in the provision of our website; or
       • any equipment, network, or software owned or used by any third party.

7. LIMITATION OF LIABILITY
   • We are not liable for the completeness, accuracy, or correctness of any information uploaded on our website and any related content. You expressly agree that your use of our services and our website is at your sole risk.
   • You agree not to use our website and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our website, or any other website or software) for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss or corruption of data or information; loss of business opportunity, goodwill, or reputation; or any other indirect or consequential loss or damage.
   • Nothing in these Terms shall limit or exclude our liability for death or personal injury resulting from any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
   • These terms set out the full extent of our obligations and liabilities in respect of the supply of the services and our website. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the services and our website which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law, or otherwise, is excluded to the fullest extent permitted by law.

8. OTHER IMPORTANT TERMS
   • We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
   • You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
   • No joint venture, partnership, agency, or employment relationship has arisen by reason of these Terms.
   • These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
   • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
   • Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
   • These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of Kenya. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such disputes or claims. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Kenya.