1.Introduction
1.1 Introduction
The Terms of Service ("Terms of Service") are provided by COCOS STORE PTE. LDT. to you ("you") and/or its corporate affiliates, collectively referred to as "COCOS." These terms govern all services offered by COCOS related to the COCOS PAY service, as outlined in section 3 below and referred to hereafter as "the Service."
1.2 Location-Specific Terms
Depending on your location and/or the currency denomination of your COCOS PAY account, additional jurisdiction-specific terms outlined at cocoscard.com/legal ("Location Specific Terms") may apply. These terms integrate into these Terms of Service upon posting and may be updated periodically.
1.3 Modification of Terms
COCOS retains the right to modify the Terms of Service at any time by publishing an updated version on COCOS's primary website (www.cocoscard.com) and/or other platforms managed by COCOS ("COCOS Websites"). Your continued use of the Service implies acceptance of the current Terms of Service, including any amendments.
1.4 Multilingual Presentation
The COCOS PAY website may be presented in multiple languages to enhance user experience. This should not be interpreted as an indication that COCOS PAY is specifically targeting or operating in any particular country. COCOS PAY functions globally, addressing the language preferences of its users internationally.
1.5 Acknowledgment of Terms
By using the COCOS PAY service, you acknowledge and agree to comply with the terms outlined in these Terms of Service, Location Specific Terms, General Terms of Use (available at https://www.cocoscard.com/legal), and Privacy Policy (accessible at http://www.cocoscard.com/privacy-policy). In case of conflict, Location Specific Terms take precedence, followed by the Terms of Service, General Terms of Use, and Privacy Policy (collectively referred to as "Applicable Terms").
1.6 Consumer Advisory
COCOS, the holder of COCOS PAY, a stored value facility, may not require approval or licensing in certain countries. Consumers (users) are advised to carefully read these Terms of Service.
2. IDENTITY VERIFICATION
2.1 Identity Verification
COCOS may periodically request identity verification to confirm your ownership of the COCOS PAY account. This process is crucial for various reasons, including:
(1) Meeting COCOS's obligations to government authorities in preventing money laundering and terrorism funding.
(2) Allowing COCOS to respond to unauthorized COCOS PAY account usage.
(3) Resolving disputes related to COCOS PAY account ownership.
2.2 Authority for Inquiries and Documentation
You grant COCOS, either directly or through third-party service providers, the authority to conduct inquiries and collect necessary documentation for identity verification. Throughout this process, COCOS will request you to provide truthful, accurate, current, and complete information, verifiable through legally recognized documentation issued in the relevant location.
3.COCOS PAY SERVICE
3.1 Virtual Credits
3.1.1 COCOS PAY Overview
COCOS PAY serves as the unified virtual credits for gamers and other customers worldwide, allowing users to purchase content, goods, and services from COCOS and its participating merchants ("Merchandise") by redeeming virtual credits ("Virtual Credits"). Users can acquire Virtual Credits using real currency ("COCOS PAY")
3.1.2 Redemption
COCOS PAY can be redeemed exclusively for the purchase of Merchandise.
3.1.3 Reloading and Service Terms
Users can reload COCOS PAY through various payment channels. Any new features enhancing the current Service, including new COCOS WebSite(s) platform properties, are subject to the Terms of Service. The Service is provided "As-Is," and COCOS assumes no responsibility for communication timeliness, currency, deletion, undelivered messages, or failure to store user communications or personalization settings.
3.1.4 Legal Status of Virtual Credits
Virtual Credits are not legal tender and cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to other accounts. COCOS prohibits any transfers of Virtual Credits outside of the COCOS PAY platform, as well as the sale, lease, gift, or trade of Virtual Credits in the "real world."
3.2 COCOS PAY Transactions
3.2.1 Payment and Billing
You agree to pay all fees or charges to your COCOS PAY account in accordance with the fees, charges, and billing terms in effect when a fee or charge is due. If paying with a credit card, you must provide COCOS with a valid credit card. By providing your credit card information, you authorize COCOS and its payment processing partners to invoice your COCOS PAY account immediately for all applicable fees and charges, without additional notice or consent. Notify COCOS promptly of any billing address or credit card changes. COCOS reserves the right to change fees and billing methods, with notice through COCOS Sites or email.
3.2.2 Non-Refundable Transactions
ALL TRANSACTIONS MADE USING YOUR COCOS PAY ARE FINAL AND NON-REFUNDABLE.
3.2.3 Payment in Credits and Taxes
Payments to COCOS must be made in the specified credits in the user interface. COCOS's fees do not include applicable Taxes. If any payments are subject to Tax, and you haven't remitted the Tax to COCOS, you're responsible for payment, penalties, or interest to the tax authority. You'll indemnify COCOS for any liability or expense related to such Tax. Upon request, provide COCOS with official receipts or evidence of paid taxes. "Tax" includes any value-added, sales, or use tax, and other taxes COCOS is allowed to pass to customers, serving as the functional equivalent of a sales tax where the taxing jurisdiction doesn't impose a 'sales' or 'use' tax.
3.3 Transactions with Participating Merchants
3.3.1 Payment Processing
When you use your COCOS PAY for transactions with participating merchants, acknowledge that COCOS may require processing time for your payment. You agree not to hold COCOS responsible for any damages or loss due to such delays or any decision not to accept payments through your COCOS PAY account.
3.3.2 Information Sharing with Merchants
In transactions with participating merchants using your COCOS PAY, COCOS may need to share your personal details with the merchant to facilitate payment processing. Once your personal details are shared, COCOS will no longer be involved in your transaction with the participating merchant, except for enabling payment through COCOS PAY.
3.4 Transaction Record
3.4.1 Transaction History Access
Visit the "Payment History" section on your COCOS PAY dashboard to review your transaction history for the past two (3) months.
3.4.2 Reporting Inconsistencies
If you identify any discrepancies in your COCOS PAY transactions, promptly inform COCOS. COCOS will initiate an investigation upon receiving your case and communicate the investigation results within seven (7) business days after its completion. Decisions made by COCOS in these investigations are considered final.
3.5 Alleged Use/Access
3.5.1 Acknowledgment of Use/Access
You acknowledge and agree that any actual or purported use or access to the COCOS PAY service linked to your user account with COCOS (excluding instances of COCOS's gross negligence) shall be treated as your use or access. You agree to abide by any such use or access to the COCOS PAY service, whether or not authorized by you.
3.6 Personal Data Provision
3.6.1 Transaction Information
When initiating a transaction through the COCOS PAY service, whether for purchasing COCOS PAY from COCOS or products/services from participating merchants, you may need to provide COCOS (or a payment operator appointed by COCOS) with information related to your chosen payment method. By providing this information, you confirm to COCOS that you are the authorized user of the credit or debit card, PIN, key, and/or account associated with that payment. You authorize COCOS to charge your credit or debit card or account for processing your payment.
3.7 COCOS PAY PIN Code Usage Terms
3.7.1 Description of COCOS PAY PIN Codes
The COCOS PAY PIN codes are 16-digit codes representing COCOS PAY and are provided through various means, such as POSA (Point of Sale Activation) gift cards, receipts, or other methods where the PIN code may be displayed.
3.7.2 Sale Restrictions and Account Reload
COCOS may, at its discretion, restrict the sale of COCOS PAY PIN Codes for any reason. When used to reload a COCOS PAY account, it contributes to the existing account balance, subject to COCOS PAY Account Limits.
3.7.3 Fixed Value at Purchase
At the time of purchase, a COCOS PAY PIN Code has a fixed value denominated in the applicable currency.
3.7.4 Redemption and Expiry
Upon redeeming your COCOS PAY PIN Card, its full value converts to COCOS PAY and is credited to your COCOS PAY Account. COCOS PAY must be used within one year, or it may be forfeited or redistributed to other users at COCOS PAY's discretion, unless prohibited by law.
3.7.5 Balance Verification
No billing or statements are issued for COCOS PAY PIN Code use. Check your COCOS PAY PIN Code balance at cocoscard.com
3.7.6 Risk and Responsibility
Loss of COCOS PAY PIN Codes' risk, along with its value, transfers to you upon purchase. COCOS and distributors are not responsible if lost, stolen, destroyed, or used without permission. COCOS is not liable for actions, content, goods, or services of associated games.
3.7.7 Warranties and Remedies
COCOS does not provide warranties, express or implied, for COCOS PAY PIN Codes and is not responsible for merchantability or fitness for a particular purpose. In case of a non-functional COCOS PAY PIN Code, the sole remedy is replacement. If laws allow no limitations on implied warranties or certain damages, the mentioned limitations may not apply.
3.7.8 Associated Account Details
No credit card, credit line, overdraft protection, or deposit account is associated with your COCOS PAY account or COCOS PAY PIN Code. Unless required by law, associated value is non-refundable and not redeemable for cash. No interest is paid on COCOS PAY account or COCOS PAY PIN Code value. The value is not insured by any federal or state agency. Purchases are final, and resale is strictly prohibited unless otherwise stated.
3.8 COCOS PAY Requirements
3.8.1 Affirmations for COCOS PAY Usage
By using the COCOS PAY service, you affirm that:
a) You are of legal age or have obtained consent from a minor dependent to use COCOS PAY;
b) You are legally capable of entering binding agreements and not prohibited by any applicable laws;
c) You reside in a region where the service is available;
d) You use your actual identity;
e) The personal information provided to COCOS for COCOS PAY is true, accurate, complete, and current;
f) You will maintain and update your personal information to ensure accuracy;
g) You are not subject to sanctions and do not engage in activities involving sanctioned individuals, entities, or countries.
3.8.2 User Account Status
To use your COCOS PAY account, you must have a user account in good standing with COCOS as per the terms and conditions of COCOS Sites. If your user account is terminated, access to your COCOS PAY account and services will cease.
3.8.3 Password Confidentiality
You are solely responsible for maintaining the confidentiality of your password, and COCOS may require periodic password changes.
3.8.4 Account Limitations
Your COCOS PAY account can only hold one currency and cannot be transferred. It belongs solely to the named user.
3.9 Alternative Payment Methods
As part of COCOS PAY Services, alternative payment methods may be offered based on your location. Payments through such methods are governed by the terms of the chosen payment method.
4.COCOS PAY ACCOUNT LIMITS
4.1 COCOS PAY Account Limits
Your COCOS PAY account may have maximum limits at any given time, depending on your location ("Account Limits"). The specific Account Limits applicable to you will be detailed in the Location Specific Terms and may encompass one or more of the following:
a) Hold Limit: Maximum amount of COCOS PAY that can be stored in your COCOS PAY account;
b) Single Transaction Limit: Maximum amount of COCOS PAY that can be utilized in a single transaction; and/or
c) Cumulative Transaction Limit: Maximum cumulative amount of COCOS PAY that can be used for payment transactions within a specified period. Any top-ups to your COCOS PAY account will not contribute to the Cumulative Transaction Limit.
4.2 Unsuccessful Transactions
Transactions exceeding the relevant Account Limits will be unsuccessful. If you surpass the Hold Limit, a top-up will be declined. If you exceed the Cumulative Transaction Limit, your transaction will not proceed, and further transactions will be restricted until the limit resets in the next period.
4.3 Modification of Account Limits
COCOS retains the right to modify the Account Limits at its discretion. COCOS PAY Account Limits are subject to regulatory approvals and periodic changes.
5. DISPUTE RESOLUTION
5.1 Transaction Disputes
For clarity, COCOS is not a participant in any transaction between you and any participating merchant. Unless explicitly stated otherwise below, issues related to such transactions, including refunds and disputes, should be directly addressed with the participating merchant.
6. RESTRICTED ACTIVITIES
6.1 Prohibited Activities
While accessing and/or using the COCOS PAY service, you are prohibited from engaging, directly or indirectly, in any of the following activities ("Restricted Activities"):
a) Violating the Applicable Terms and any other legally binding agreement with COCOS;
b) Contravening any law, statute, ordinance, or regulation;
c) Infringing upon COCOS's or any third party's intellectual property rights, including copyrights, patents, trademarks, trade secrets, or rights of publicity or privacy;
d) Providing false, inaccurate, or misleading information about yourself;
e) Refusing to cooperate in an investigation or verify your identity;
f) Using an anonymizing proxy to conceal your place of residence, whether to circumvent geographical restrictions on COCOS PAY content, to purchase or redeem at non-applicable pricings or currencies based on your geographical residence, or for any other purpose;
g) Engaging in potentially fraudulent or suspicious activities;
h) Using your COCOS PAY account in a manner that COCOS reasonably believes to be an abuse of the COCOS PAY service;
i) Controlling a COCOS PAY account that COCOS reasonably believes is linked to another COCOS PAY account involved in any of these Restricted Activities;
j) Defaming, making libelous statements against, threatening, or harassing any COCOS staff or personnel engaged by COCOS in relation to the COCOS PAY service;
k) Disclosing or distributing another user’s information to a third party or using the information for any purposes without the user's express consent;
l) Taking any action that imposes an unreasonable or disproportionately large load on COCOS's infrastructure;
m) Accessing any COCOS system in a manner not expressly authorized by COCOS;
n) Reproducing, attempting to reproduce, or counterfeiting any Virtual Credits;
o) Facilitating or allowing any viruses, Trojan horses, worms, or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or information;
p) Using any robot, spider, other automatic devices, or manual process to monitor or copy the COCOS PAY without COCOS's prior written permission;
q) Using any device, software, or routine to bypass COCOS's robot exclusion headers or interfering or attempting to interfere with the COCOS PAY service;
r) Taking any action that may cause COCOS to lose any services from its internet service providers, payment operators, or other third parties;
s) Altering, removing, covering, or otherwise defacing any identification, trademark, copyright, or other notice from any part of the COCOS PAY service;
t) Using COCOS PAY in any activity involving sanctioned individuals, entities, or countries; and/or
u) Reflecting poorly or tarnishing COCOS's reputation in COCOS's absolute discretion.
7. INTELLECTUAL PROPERTY
7.1 Ownership and Usage Rights
All intellectual property rights related to the COCOS PAY service belong to COCOS and its third-party licensors. COCOS provides you a non-exclusive, non-transferable, and revocable right to access and use the services on the COCOS PAY Sites for personal use. Reselling or providing the COCOS PAY service to others is strictly prohibited.
7.2 Trademarks and Trade Names
These Terms of Service don't grant you the right to use any trademarks or product/service trade names owned or registered by COCOS. Prior written approval from COCOS is necessary for any use of such trademark(s) or trade name(s).
7.3 Limited Rights
Except as provided herein, these Terms of Service do not grant you any right, license, interest, or permission to deal with any intellectual property right of COCOS. This includes the right to copy, de-compile, transfer, publish, store, create derivative works, or use the COCOS PAY service in an unauthorized manner. You must not attempt to reverse engineer COCOS systems or Virtual Credits. If you become aware of third parties engaging in such activities, promptly notify COCOS.
8. LOST OR STOLEN COCOS PAY
8.1 Unauthorized Use or Security Breach
You are obligated to promptly notify COCOS through our Customer Care Support if you detect any fraudulent or unauthorized use of your password, COCOS PAY account, or experience any security breach. Our Customer Care Support will swiftly suspend your COCOS PAY account, conduct an inquiry into your complaint, and provide a timely response. However, it's crucial to emphasize that COCOS is not responsible for compensating any losses, as the protection of your password is your own responsibility.
8.2 Loss, Theft, or Damage of COCOS PAY PIN Codes
In the event that your COCOS PAY PIN Codes are stolen, lost, misplaced, damaged, or malfunctioning, it is imperative to promptly inform our Customer Care Support and provide the receipt or any evidence of the COCOS PAY PIN Codes' purchase. If the COCOS PAY resulting from the PIN Codes has not been used, COCOS will block the serial number/PIN and reimburse the unused amount to your COCOS PAY account. However, if the COCOS PAY from such PIN Code has already been utilized when you report, COCOS is not liable for compensating the loss. COCOS may conduct investigations and, upon your report to the relevant government authorities with a copy provided to COCOS, assist in providing the necessary information for their investigation.
9. SUSPENSION OR TERMINATION OF SERVICE
9.1 COCOS-Initiated Suspension or Termination
9.1.1 Grounds for Immediate Suspension or Termination
COCOS reserves the right, at its sole discretion, to immediately suspend or terminate your access to the COCOS PAY service/account without any entitlement to compensation if:
(a) You create, or are likely to create, imminent harm, including interruption, disruption, or congestion, to COCOS's network or computer systems;
(b) You engage, are engaging, or are suspected to be engaging, directly or indirectly, in Restricted Activities;
(c) You attempt to defraud COCOS or any third party using Virtual Credits;
(d) Your user account with COCOS is terminated for any reason;
(e) COCOS is acting in compliance with a requirement of any relevant regulatory authority or law enforcement body;
(f) You refuse to cooperate in an investigation or provide confirmation of your identity when requested;
(g) You become subject to any bankruptcy proceedings;
(h) You are in breach of any clauses of the Terms of Service, and you fail to remedy such breach within thirty (30) days of written notice from COCOS specifying such breach;
(i) At any time, you provided false or incomplete information to COCOS and failed to provide true and complete information within ten (10) days of written notice from COCOS requesting such information;
(j) Requirements of any relevant regulatory authority result in COCOS having to stop making available the COCOS PAY service or make it available in a manner that is unacceptable to COCOS;
(k) You are or become subject to any sanctions, or you are using COCOS PAY in any activity involving sanctioned individuals, entities, or countries; and/or
(l) In the sole discretion of COCOS, COCOS suspects that your COCOS PAY account has been accessed in an unauthorized manner or that the security of your COCOS PAY has been compromised in any way, and you fail to adopt such remedial steps as may be prescribed by COCOS within five (5) days from COCOS specifying such steps.
9.1.2 Reinstatement of Suspended Access
In situations where COCOS has suspended your access to the COCOS PAY service as outlined in section 9, COCOS, at its sole discretion, may reinstate the suspended access if you can adequately demonstrate to COCOS that the initial reason for the suspension has been resolved.
9.1.3 Suspension or Termination with Notice
Beyond the aforementioned, COCOS, with a minimum of thirty (30) days' prior written notice, may:
(a) Suspend your access to the COCOS PAY service/account if COCOS, at its sole discretion, deems such suspension or termination necessary to repair, maintain, or enhance the COCOS PAY service; and/or
(b) Terminate your access to the COCOS PAY service/account if COCOS, at its sole discretion, opts to discontinue the provision of the COCOS PAY service.
9.1.4 Impact of Suspension on Virtual Credits
During any period of suspension of your access to the COCOS PAY service/account by COCOS, you will be unable to utilize any Virtual Credits in your COCOS PAY account. Once your access is reinstated, you can resume using your Virtual Credits.
9.1.5 No Compensation for Expiration of Virtual Credits
You are not entitled to receive compensation from COCOS for the expiration and removal of COCOS PAY Virtual Credits from your COCOS PAY account as per this section or the Terms of Service.
9.1.6 COCOS's Liability for Suspension or Termination
COCOS holds no liability under any circumstances to you or any third party for the suspension or termination of your access to the COCOS PAY account.
9.1.7 Legal Proceedings
You acknowledge that, in addition to COCOS's suspension or termination of your access to the COCOS PAY service/account, COCOS retains the right to initiate legal proceedings against you for your violation of these Terms of Service.
9.2 User-Initiated Termination
9.2.1 Deactivation Request
You have the option to request deactivation of your COCOS PAY account at any time through your COCOS user account. Before deactivating your COCOS PAY account, COCOS may collect and require you to pay all fees, surcharges, or costs incurred prior to deactivation. Full settlement of such fees, surcharges, or costs is necessary for access to any COCOS Sites.
9.2.2 Expiration of Virtual Credits
Upon deactivating your COCOS PAY account, any unused Virtual Credits will immediately expire and be removed from your account. You won't be entitled to compensation from COCOS for the expiration and removal of these Virtual Credits.
9.2.3 No Refund for Unused Virtual Credits
In case of termination, unless mandatory laws of a jurisdiction or the Location Specific Terms dictate otherwise, unused Virtual Credits will not be refunded.
10. ADMINISTRATIVE FEES & CHARGES
10.1 Imposition of Administrative Fees
Subject to regulatory approvals and applicable changes, COCOS may impose administrative fees on your Service usage. Unless specified in the Location Specific Terms, default fees and rates (or equivalent value in your COCOS PAY account currency) are subject to tax, where applicable:
1) Inactive Fees: COCOS collects Inactive Fees if there are no transactions (reloads or spending) in your COCOS PAY account for one (1) year (“First Period”).
2) Dormant Fees: COCOS collects Dormant Fees annually if there are no transactions after the First Period.
11. DISCLAIMERS AND LIMITATION OF LIABILITY
11.1 Uninterrupted Service Not Guaranteed
COCOS does not guarantee uninterrupted, secure, error-free, or virus-free operation of the COCOS PAY service/platform.
11.2 Dependency on Resources and Network Conditions
You acknowledge that COCOS PAY service availability depends on resources and network conditions. Usage may be subject to failures, interruptions, or disruptions, whether from COCOS or third parties.
11.3 "AS IS" Provision
THE COCOS PAY SERVICE IS PROVIDED 'AS IS.' COCOS AND ITS AFFILIATES, OFFICERS, AND EMPLOYEES MAKE NO GUARANTEE, EXPRESS OR IMPLIED, REGARDING ACCURACY, QUALITY, COMPLETENESS, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE OF ANY SOFTWARE, INFORMATION, OR DATA, DIRECTIONS, INSTRUCTIONS, NOTICES, VIEWS, OPINIONS, AND RECOMMENDATIONS AVAILABLE THROUGH THE COCOS PAY SERVICE.
11.4 Exclusion of Implied Conditions or Warranties
EXCEPT FOR LIABILITY ARISING FROM DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM COCOS PAY SERVICE USE, ANY IMPLIED CONDITIONS OR WARRANTIES ARE EXPLICITLY EXCLUDED.
11.5 Limitation of Liability
COCOS, ITS EMPLOYEES, SUBSIDIARIES, RELATED CORPORATIONS, ASSOCIATES, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY LOSS RESULTING FROM:
(a) DECISIONS MADE OR ACTIONS TAKEN IN RELIANCE ON THE COCOS PAY SERVICE;
(b) FAILURE TO COMPLY WITH OBLIGATIONS UNDER THE TERMS OF SERVICE;
(c) ACTS OR OMISSIONS OF UNDERLYING CARRIERS, SERVICE PROVIDERS, VENDORS, PARTICIPATING MERCHANTS, OR THIRD PARTIES;
(d) CAUSES BEYOND COCOS'S CONTROL, INCLUDING INCOMING OR OUTGOING COMMUNICATION FAILURES; AND
(e) INCORRECT, FALSE, AND/OR INCOMPLETE INFORMATION PROVIDED TO COCOS BY YOU.
11.6 Non-Banking Nature of COCOS
COCOS is not a bank, and the COCOS PAY service is not considered a banking service. COCOS doesn't act as a trustee or fiduciary for your Virtual Credits but serves as an agent and custodian per applicable law. COCOS holds no control or liability for products or services paid for using COCOS PAY.
11.7 Transactions with Third-Party Merchants : COCOS's Non-Endorsement
For third-party merchants accepting payments via your COCOS PAY account, COCOS doesn't endorse or take responsibility for:
(a) The reliability or performance of the third-party merchant.
(b) The safety, quality, accuracy, reliability, integrity, or legality of any product or service from a third-party merchant
(c) The truth or accuracy of the description of any product or service from a third-party merchant. COCOS doesn't endorse or review descriptions, and inclusion doesn't imply endorsement.
(d) Any loss you may suffer due to a third-party merchant's product or service.
11.8 Recourse to Third-Party Merchants
Recourse for any third-party merchant's product or service issues should be sought directly against the third-party merchant.
11.9 Processing Time Guarantees
When authorizing a payment via COCOS PAY to a third-party merchant, COCOS will make reasonable efforts for timely processing but makes no guarantees regarding processing time.
11.10 Limitation of Liability :Aggregate Liability
COCOS's aggregate liability for any claims under these Terms of Service won't exceed the value of outstanding COCOS PAY in your COCOS PAY account when the claim arose.
11.11 Exclusion of Special Damages
To the maximum extent permitted by law, COCOS isn't liable for any special, incidental, indirect, or consequential damages or loss related to the use of COCOS PAY or these Terms of Service, whether arising by tort, strict liability, breach of contract, or breach of warranty, even if advised of such damages.
12. RULES FOR SWEEPSTAKES, CONTESTS, AND GAMES
12.1 Governing Rules for Activities
Specific rules govern any sweepstakes, contests, or games accessible through the Site. Upon entry or participation, you are subject to these rules. We recommend reading the linked rules from the particular activity and reviewing our Privacy Policy, which, along with these Terms of Service, governs any information you submit in connection with such sweepstakes, contests, and games.
13. INDEMNIFICATION
13.1 Obligation to Indemnify
Unless otherwise stipulated by applicable law, you are obligated to indemnify COCOS PAY, its employees, subsidiaries, related corporations, associates, and affiliates against any and all losses, including reasonable legal costs, incurred by COCOS PAY, its employees, subsidiaries, related corporations, associates, and affiliates, arising from your violation of the Applicable Terms.
14. RESPONSIBILITY FOR TAXES
14.1 Tax Compliance
You are accountable for reporting and paying any relevant taxes arising from your utilization of COCOS PAY. It is agreed that you will adhere to all applicable tax laws associated with your use of COCOS PAY.
15. COMMUNICATION WITH COCOS
15.1 Communication Channels
For any communications concerning the COCOS PAY service or your account, please utilize the Ticket Inbox accessible on your COCOS PAY dashboard.
15.2 Contacting COCOS
If you need clarification regarding the suspension or termination of your access to the COCOS PAY service by COCOS, you may send an email to support-cocospay@cocoscard.com
16. FORCE MAJEURE
16.1 Force Majeure
COCOS PAY shall not be held liable for any delay or failure to fulfill its obligations under these Terms of Service if the cause of such delay or failure is beyond its reasonable control. Such causes may include acts of God, riots, civil commotions, strikes (whether or not involving COCOS PAY employees), lockouts or other labor disturbances, fires, wars, acts of foreign enemies, perils of the sea, power outages, epidemics, network congestion, telecommunications failures, electrical power failures, or any faults, interruptions, or disruptions of the networks of any service provider or of your equipment or the equipment of any third party.
17. GOVERNING LAW
17.1 Governing Law
Unless otherwise mandated by a mandatory law of another jurisdiction or as outlined in the Location Specific Terms, these Terms of Service (including any non-contractual disputes/claims arising out of or in connection with them) are governed by the laws of Singapore, without regard to choice or conflicts of law principles.
17.2 Codes of Conduct
COCOS PAY does not consider any codes of conduct mandatory in connection with the services provided under these Terms of Service.
17.3 Arbitration
Unless specified otherwise in the Location Specific Terms, any dispute arising out of or in connection with these Terms of Service, including questions regarding their existence, validity, or termination, shall be submitted to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre currently in force. These rules are deemed incorporated by reference in this clause. The arbitration's seat shall be in Singapore, and the Tribunal shall consist of one arbitrator. The arbitration language shall be English. To the maximum extent permitted by applicable law, no arbitration under these Terms of Service shall be consolidated with an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise.
18. ENTIRE AGREEMENT, SEVERABILITY, WAIVER, ASSIGNMENT
18.1 Entire Agreement and Miscellaneous Provisions
These Terms of Service, along with other legal notices published by COCOS on the COCOS PAY sites applicable to the COCOS PAY services, constitute the entire agreement between you and COCOS concerning your access and use of COCOS PAY. If any provision of these Terms of Service is deemed invalid or unenforceable, that provision shall be deemed severable, not affecting the validity and enforceability of the remaining provisions. No waiver by COCOS shall be considered a continuing waiver, and COCOS’s failure to assert any right under these Terms of Service shall not constitute a waiver of such right. Any cause of action must commence within 1 year after it arises. You may not assign these Terms of Service, but COCOS may assign them without restriction.
19. RIGHT OF SET OFF
19.1 Set-Off
COCOS is entitled, but not obligated, to set off any sums you owe against any COCOS PAY outstanding in your account, using the prevailing selling price of COCOS PAY in your primary residence.
20. SURVIVAL
20.1 Survival of Terms
All sections of these Terms of Service intended to survive termination or expiration shall continue in full force.
21. TRANSLATIONS OF TERMS OF SERVICE
21.1 Language Prevailance
In case of a conflict between the English version and translations of these Terms of Service, the English version will prevail.
22. RELEASE
22.1 Release of Claims
To the extent permitted by applicable laws, you release and discharge COCOS from any and all past, present, and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions, and causes of action arising directly or indirectly from interactions with other COCOS Site users or third parties.
23. ELECTRONIC COMMUNICATIONS
23.1 Electronic Communications
Communications between you and COCOS, whether electronic or otherwise, are considered contractual. You consent to receive electronic communications from COCOS, and such communications satisfy legal requirements as if in writing. This does not affect your statutory rights.
24. Definitions
In the context of this agreement
COCOS :
• COCOS STORE Pte Ltd is the company that provides payment and game services.
COCOS PAY :
• COCOS PAY is a virtual credit designed for transactions between you and our merchants during online purchases. COCOS PAY is the exclusive property and operation of COCOS STORE Pte Ltd.
COCOS account :
• Anyone intending to use our services must create a COCOS account.
Merchants:
• Those interested in business collaborations can reach out to us directly.