Terms & Conditions UK

1. Introduction, Scope, and Your Acceptance of These Terms

1.1. Introduction and Scope

1.1.1. These General Terms of Use and the documents referred to in them (see Section 1.3 below) (together the “Terms”) govern your access/use of any or all of the following services (collectively, the “Services”) provided to you by Coda Netherlands Holdings B.V., having its registered address at Strawinskylaan 411, WTC, Tower A, 4^th Floor, 1077XX Amsterdam and VAT number 862518866 (collectively referred to as “Coda” and “we”, “us” or “our”):

(a) the website (www.coda.co), along with access to it and all its links and functions;

(b) the Codashop mobile application, the Codashop website (www.codashop.com), and all other platforms through which Codashop is accessible (“Codashop”);

(c) user accounts registered through Codashop (each a “Coda Account”);

(d) reselling services via Codashop or Codapay, wherein you may make purchases from Coda on its third-party merchants’ platforms (the “Publishers”) and make payments through payment methods provided by payment channel partners and made available by Coda on the abovementioned platforms (the “Payment Channels”);

(e) Codacash, a closed loop e-wallet system offered by Coda (“Codacash”); and

(f) any other Coda applications, websites and/or services that link to these Terms.

1.2. Your Acceptance of These Terms

‍By accessing or using any of the Services, including by registering for a Coda Account and/or making any purchases from Coda or the Publishers, you consent to and accept these Terms and agree to be bound by them. IF YOU DO NOT ACCEPT OR AGREE TO THE TERMS, YOU SHOULD IMMEDIATELY STOP USING AND/OR ACCESSING THE SERVICES.

1.3. Other terms that apply

(a) If you use our loyalty programme rewarding users for purchases made on Codashop, these additional terms and conditions will apply: https://www.coda.co/terms-conditions/coda-rewards-program-terms-conditions-uk-eu;

(b) Coda’s Privacy Policy, located here, sets out how we collect and process personal data.

1.4. Amendments to these Terms

1.4.1. Coda may make changes to these Terms from time to time for various reasons including:

(a) to reflect changes to the Services, Coda websites at www.coda.co, www.codashop.com, and/or other Coda applications, websites, and/or platforms including Codapay (together the “Coda Sites”);

(b) to comply with changes in applicable law or regulation;

(c) for security purposes; and/or

(d) to reflect changes in our business practices or operations.

1.4.2. If a change to these Terms materially modifies your rights and/or your or our obligations, we will notify you reasonably in advance by posting a notice on the Coda Sites or by some other reasonable method. We may require that you accept the modified Terms in order to continue to use the Services. Your continued use of the Services or any of the Coda Sites following any changes to the Terms (and, if applicable, the relevant period of notice) shall be deemed as your acceptance of the amended Terms.

1.4.3. The date of the last update is set out at the top of the Terms. We recommend that you regularly check the Coda Sites for the latest version of the Terms.

1.5. Updates to the Coda Sites / Services

‍Coda may provide new features, upgrades, updates, patches, and other modifications to the Services (collectively, the “variations”). We may update, patch, or modify the Coda Sites, the mobile applications, or any of our platforms remotely. You hereby grant to Coda the right to deploy and apply such variations. All provisions of these Terms shall also apply to all such variations.

2. Use of the Services

2.1. Application of Terms

‍These Terms shall apply regardless of how you access or use any of the Services or Coda Sites, including but not limited to mobile devices, desktop devices, mobile applications, internet browsers, or any other device, application, or software.

2.2. License for use and Termination

2.2.1. Coda grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Coda Sites and/or the Services for your personal and non-commercial use, subject to these Terms.

2.2.2. Coda is entitled to suspend or terminate such license (and therefore your use/access of the Coda Sites and/or the Services) and close your Coda Account with or without prior notice to you if Coda discovers or suspects, acting reasonably, that your use of the Services and/or Coda Sites violates these Terms including (without limitation) in breach any of the Acceptable Use Restrictions as defined and set out in Section 6.2 below.

2.2.3. Coda may also close or temporarily suspend your Coda Account or your access to it if:

(a) it is necessary to repair, maintain, or improve the function of the Services and/or Coda Sites; or

(b) Coda decides to cease offering the Services and/or Coda Sites.

2.3. Access and use of Services and Coda Sites

2.3.1. The Services allow you to purchase limited rights to access and use certain digital content, such as gift codes, in-app/game credits, and vouchers (“Publisher Codes”) from Coda or its Publishers via the Coda Sites, and make payment for such purchases through the Payment Channels by:

(a) Redeeming or consuming prepaid mobile credits issued by your mobile network operator;

(b) Having the value of such purchase added to your upcoming mobile bill issued by your mobile network operator; and/or

(c) Using one of the other payment options offered by Coda’s payment channel partners, such as e-wallets, voucher redemptions, over-the-counter payments at participating convenience stores, credit cards, and bank transfers.

For the avoidance of doubt, these purchases do not include any assignment of or purchase of intellectual property rights in Coda’s Services or any digital content obtained through the Services.

2.3.2. Coda is the reseller and merchant on record for the Publisher Codes purchased via the Coda Sites.

2.3.3. You acknowledge and understand that digital content (including Publisher Codes) has no intrinsic or separate/external monetary value, and is limited to use/redemption for games/other content issued by the relevant Publisher or for use in Coda Sites (as applicable) and cannot be transferred to another person or redeemed for “real” currency of any kind.

2.4. Payment facilitation and digital content reselling services

2.4.1. You can initiate and make a purchase by choosing to purchase Publisher Codes via (i) the relevant Publisher’s site or mobile platform, where you will be routed to the Coda Sites to make a purchase; or (ii) Codashop.

2.4.2. To make payments via the Services, you must have a valid and eligible mobile phone account with one of our partner mobile network operators or a valid payment instrument issued or recognised by the Payment Channels.

2.4.3. You must keep your payment account details confidential and secure at all times and never share them with other people. You are liable for the use of your payment accounts or instruments via the Services. You acknowledge and accept that Coda has no liability for any unauthorised use or access by third persons of your payment accounts or your payment instruments unless such unauthorised use or access is the result of our failure to exercise reasonable care and skill.

2.4.4. For bank transfer payments, any banking details that you provide are collected directly by the relevant Payment Channels. These details are not collected, stored, or processed by Coda. For information on how we process other payment data that you may provide in the course of making a purchase from Coda, please refer to our Privacy Policy.

2.4.5. Coda, the Publishers, and/or the Payment Channels are entitled to reject or decline any transaction for any reason or set limits on transaction types and/or amounts.

2.5. Publisher Codes (including expiry)

2.5.1. ‍In respect of Publisher Codes purchased through any of the Coda Sites or using any of the Services, the relevant Publishers that issued the purchased Codes, and not Coda, are responsible for redeeming the Codes, and for providing the applicable digital content to you in exchange.

2.5.2. Publisher Codes will expire at a certain point after they’re issued/purchased. Expiry periods may vary depending on the particular Publisher Code or Publisher in question. Information about Publisher Code expiry can be obtained by contacting our support team (see Section 13 below for how to get in touch with us) – we recommend that you do this prior to purchasing any Publisher Codes.

2.6. Modification of Services

Coda may change, modify, suspend or discontinue the Services in part or whole at any time, with or without notice to you. If necessary, any such changes or modifications may be reflected in these Terms according to Section 1.4 above. Coda will have no liability for any such change, modification, suspension or discontinuance to the Services.

2.7. Taxes, charges, and fees

‍All prices offered on Coda Sites are inclusive of VAT at the applicable rate and any other taxes and additional charges, if applicable, except that if you are subject to any banking or currency exchange charges, these are outside of Coda’s control.

2.8. Complaints / Disputes handling

2.8.1. If you are dissatisfied with any Publisher Codes purchased using the Services, or if you believe that you have been charged in error or have any other concern about the Coda Sites or Services, please contact us as soon as possible with full details of the issue (see Section 13 below for how to get in touch).

2.8.2. You must not make any false or misleading statements when filing, or during the subsequent investigation of, a dispute or complaint and you agree to promptly cooperate with our (and/or the relevant Publisher’s) reasonable requests. Coda will investigate all complaints/disputes that are filed with it and will make reasonable efforts to resolve them.

2.9. Error handling

‍As part of or separate from the dispute handling process, Coda may determine that a mistake has been made that affects you. If Coda determines, acting reasonably, that you have been incorrectly charged or overcharged, Coda will credit your Coda Account or otherwise arrange for a refund to rectify the mistake. If Coda concludes, acting reasonably, that you were not charged when you ought to have been, or that you have been undercharged, Coda may debit or charge your Coda Account or otherwise collect a payment to rectify the mistake accordingly.

3. Product Descriptions, Right of Withdrawal, Refunds

3.1. Product Descriptions

Coda takes every reasonable effort to ensure that the product descriptions of the Publisher Codes on Coda Sites are as accurate as possible. However, we cannot guarantee that such product descriptions are complete and accurate. If you consider that a purchase you have made on Codashop has been misdescribed, please contact us to discuss further (see Sections 2.8 and 2.9 above).

3.2. Right of Withdrawal & Refunds

3.2.1. In the United Kingdom (“UK”) and European Union (“EU”)/European Economic Area (“EEA”), consumers have a statutory right of withdrawal during a withdrawal period for certain transactions (and under certain conditions). However, this right can be ‘waived’ at the point of sale by expressly requesting that the relevant digital content be supplied immediately and acknowledging that the right to withdraw will then be lost upon that supply beginning.

3.2.2. If a refund is to be made to you after the conclusion of a dispute, complaint and/or error handling matter as outlined in Section 2.8 and 2.9 above, the timeframe to credit the refund to your bank or payment service account shall depend on the Payment Channel used or your bank or payment service provider.

4. Codashop User Accounts

4.1. Account services

4.1.1. ‍At your option, you may register for a Coda Account, which allows you to:

(a) Access certain reward schemes or promotions on Codashop;

(b) Track or keep records of purchase transactions you have made on Codashop; and

(c) Use any other features of the Services or the Coda Sites that may only be available to registered users.

4.2. Account verification

4.2.1. ‍If you sign up for a Coda Account, you confirm that:

(a) you have provided Coda with complete and accurate information about yourself for verification purposes and that you will keep that information up-to-date; and

(b) you are responsible for maintaining the confidentiality of your Coda Account, its password, and all activities that occur under your Coda Account while your login details have been entered correctly. In the event of any unauthorised access to your Coda Account, you shall notify Coda immediately.

4.2.2. ‍Coda is entitled to check your identity and request for proof of identification, or refuse your registration, (i) at its discretion, when (ii) it is required by relevant authorities to do so as part of anti-money laundering and anti-terrorist funding rules and regulations, (iii) if/as necessary when unauthorised usage of your Coda Account is detected, or (iv) there is a dispute relating to the ownership of your Coda Account.

4.3. Coda Account security

4.3.1. We may require you to set-up a static PIN during the Coda Account registration, which you will use and enter before each purchase transaction or top-up. We may also need you to authenticate your transaction via a one-time password (“OTP”) that will be sent to your registered email address or mobile phone number. Coda is entitled to impose other authentication requirements if/as it reasonably deems necessary.

4.3.2. You are responsible for your Coda Account’s security and all consequences resulting from the use or misuse of your Coda Account, PIN, OTP, or (if applicable) other related security credentials for aspects of the Services including if applicable Codacash. This security obligation includes safe-keeping your sign-in details and keeping your Coda Account information private from others.

4.3.3. If there is or has been any fraudulent or unauthorised use of your sign-in details or Coda Account, loss of Coda Account access, or any other breach of security, you agree to immediately notify Coda by sending an e-mail to Codashop Customer Support. As soon as reasonably practicable, Coda will suspend your Coda Account, investigate the issue, and respond to you.

4.4. Transaction history

You may access a record of all your successful and failed purchases or top-ups on your Coda Account page at www.codashop.com. If there is any mistake or missing information, please contact us via the Codashop HELP widget. We will take the steps reasonably necessary to resolve the matter as soon as reasonably practicable.

4.5. Closure or Suspension of Your Coda Account by Us Due to Your Breach

4.5.1. ‍Coda is entitled to permanently close or suspend your Coda Account or your access to it at any time if:

(a) You attempt to engage in, or indirectly or directly engage in any conduct prohibited under these Terms including (without limitation) any of the Acceptable Use Restrictions as defined and set out in Section 6.2 below;

(b) You fail to comply with any clause of these Terms and, if the breach may be remedied, you fail to do so within fifteen (15) days from receiving written notice from Coda specifying such breach;

(c) Coda is required to do so by any regulatory authority or law enforcement body;

(d) You become or are subject to bankruptcy proceedings;

(e) You have provided us with false or inaccurate information and have failed to provide us with the true or correct information within fifteen (15) days from receiving written notice from Coda requesting such information; or

(f) Coda has determined, acting reasonably, that the security of your Coda Account has been compromised, or your Coda Account has been accessed in an unauthorised manner, and you fail to take action within five (5) days from receiving written notice from Coda specifying the required corrective actions.

4.6. Closing Your Own Coda Account

‍You can choose to close your Coda Account, at any time and for any reason, by following the instructions within your Coda Account on Codashop. All transactions that you have made prior to such closure must be paid, and Coda reserves the right to deduct from your balance any unpaid fees, surcharges, or costs that you may have incurred before closing your Coda Account.

5. Use of User Content

5.1. User Content

You are responsible for all content that you transmit, publish, share, send, or post, whether publicly or privately (the “User Content”), via any of the Coda Sites. Coda does not assume any responsibility or liability for the User Content, and it has no obligation to constantly monitor, moderate, or review the User Content. However, Coda may remove User Content that violates these Terms upon request by any other user or at its own discretion.

5.2. No misrepresentation

You shall not misrepresent your identity, impersonate any person or entity, or mislead other users as to the origin of the User Content that you transmit, publish, share, send, or post.

5.3. User Content restrictions

You shall not transmit, publish, share, send, or post User Content that:

(a) Harasses, bullies, or threatens other users, persons, or groups;

(b) Discriminates or promotes hate and/or violence against other users, persons, or groups, including on the basis of ethnicity, race, gender, sex, religion, disability, or any other identity trait or vulnerability;Discriminates or promotes hate and/or violence against other users, persons, or groups, including on the basis of ethnicity, race, gender, sex, religion, disability, or any other identity trait or vulnerability;

(c) Is defamatory or libellous;

(d) Is offensive, obscene, graphic, or sexually explicit;

(e) Violates the prohibitions on user conduct as set out in the section on User Obligations;

(f) Infringes upon intellectual property rights in any way or violates the section on Use and Ownership of Intellectual Property;

(g) Invades the privacy of other users or persons in any way or violates the section on Personal Data and Confidential Information; or

(h) Violates any other provision of these Terms or is in any way illegal or unlawful.

5.4. Rights over User Content

You represent and warrant (i.e., promise to us) that (i) you own or have the rights to transmit, publish, share, send, or post your User Content; and (ii) your User Content does not violate these Terms and any relevant laws or regulations applicable in your jurisdiction.

5.5. Removal of User Content

You accept and agree that Coda may remove your User Content if it violates these Terms. Coda may also suspend or close your Coda Account as permitted under Section 4.5 above.

6. User Obligations/Confirmations (including as to age), and Acceptable Use Restrictions

6.1. In respect of your purchases and any other use of the Service and/or Coda Sites, you confirm that:

(a) you are 18 years or over or, if a minor, you have obtained the prior permission and consent of your parent or legal guardian to use the Services in accordance with Section 12.1 below;

(b) you are purchasing the Publisher Codes via the Services for your own exclusive and personal consumption;

(c) you have no right to reproduce, replicate, distribute or otherwise exploit any content, goods or services provided to you;

(d) you are not prohibited by any law, condition, ordinance, or other requirements from creating a Coda Account and/or otherwise using any aspect of the Services; and

(e) you are capable of legally accepting, entering into, and being bound by these Terms and.

(f) you will at all times comply with all applicable laws, rules and regulations relating to your purchase and use of the Publisher Codes and any other use of the Services.

6.2. In using any of the Services, you may not carry out any of the following acts, nor use the Services to engage in the following acts, and by using the Services you are warranting (i.e., promising to us) that you will not do any of the following (everything contained in this Section 6.2 being the “Acceptable Use Restrictions”):

6.2.1. Fraud, unlawful, and other prohibited conduct

(g) Use the Services in any way that violates, intentionally or unintentionally, any applicable law, ordinance, regulation, rule, code, directive, guideline, or policy including without limitation laws and requirements (whether or not having the force of law) relating to anti-money laundering or counterterrorism, or for any other unlawful purpose whatsoever;

(h) Use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

(i) Disguise (including by the use of a VPN or similar technology) your origin, place of residence or any identifiers, intentionally or otherwise, to get around any geographical restrictions or avoid terms that apply to a specific country, to purchase products and/or services not available or applicable in your country of residence, or for any other unlawful purpose;

(j) Remove any proprietary notices from the Services;

(k) Charge others to use the Services;

(l) Use the Services for any commercial purpose or for the benefit of any third-party or any manner not expressly permitted in these Terms;

(m) Share your Coda Account details, PIN, or OTP with other persons;

(n) Use your Coda Account or control a Coda Account that is engaging in any of the activities set out in this Section 6.2; or

(o) Use the Services for any fraudulent purposes.

6.2.2. Abuse, harassment, and interference with user experience

(a) Interfere with any other users’ use of the Services;

(b) Interfere with, manipulate, or disrupt the Services or servers or networks connected to the Services or any other users’ use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

(c) Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

(d) Upload, post, email, transmit, or otherwise make available to any other user or person any material that contains software viruses, worms, Trojan horses or any other computer code, routines, files, or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;

(e) Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other unauthorised form of solicitation; or

(f) Upload, post, email, transmit, or otherwise make available any content through the Services that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or discriminatory, or otherwise illegal or objectionable.

6.2.3. Damage to Coda’s business, platforms, or Services

(a) Attempt to harm, disrupt, or otherwise engage in activity that diminishes the business and reputation of Coda and the capacity of the Coda Sites to serve other users, or hamper or interrupt the provision by Coda of the Services in any way;

(b) Attempt to decompile, reverse engineer, disassemble or hack the Services (or any part of the Services), or to defeat or overcome any encryption technology or security measures established by or for the benefit of Coda with respect to the Services and/or any data transmitted, processed or stored by Coda;

(c) Attempt to gain access to any account, computers, or networks related to the Coda Sites and Services without proper authorisation; or

(d) Take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, interfere with, or impair the Services or the servers or networks connected to the Services.

6.2.4. Misuse of Codacash

(a) Use Codacash or any of its features in any way not expressly permitted by Coda;

(b) Reproduce, attempt to reproduce, or counterfeit Codacash or Codacash balances;

(c) Interfere with Codacash in any way;

(d) Use Codacash in any activity involving sanctioned individuals, entities, or countries;

(e) Violate any applicable law, ordinance, or regulation through your use of Codacash; or

6.2.5. You understand that the list of Acceptable Use Restrictions is not exhaustive, and that acts analogous or similar to those listed above, and/or those that are in some other way unlawful, fraudulent, abusive, inappropriate, unreasonable or damaging, are also prohibited.

7. Use and Ownership of Intellectual Property

7.1. Coda owns or is the licensee of all intellectual property rights (including all existing and future copyright, trademarks and patent rights) in all information, text, material, graphics, logos, icons, sound recordings, musical compositions, software and source code on the Coda Sites, including the platforms through which Coda provides the Services (together “Coda Site Content”).

7.2. Except as expressly authorised by these Terms, you have no right, title, or interest in or to the Coda Site Content. You may not, without our express written permission (or that of our suppliers or licensors including Publishers, where applicable), in any form or by any means:

(a) Adapt, reproduce, copy, modify, display, perform, publish, distribute, disseminate, broadcast, circulate, edit, or create derivative works from any of the Coda Site Content (including, without limitation, the display and distribution of any of the Coda Site Content via third-party websites or other networked computer environment); or

(b) Commercialise any information, goods or services from or in connection with any of the Coda Site Content.

7.3. We do not solicit or invite users to provide us with input and/or suggestions regarding problems with or proposed modifications or improvements to the Services (“Feedback”). If you nevertheless choose to provide us with Feedback, you hereby grant Coda an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose, including to improve the Services and create other products and services.

8. Personal Data and Confidential Information

8.1. Privacy Policy

‍Coda may access, collect, disclose, and/or process your personal data in the course of providing you with the Services in accordance with Coda’s Privacy Policy

8.2. User Obligations Relating to Personal Data

In using the Services, you agree not to:

(a) Harvest or collect any information about or regarding other users of the Services and/or Coda Sites, including without limitation any personal data or information;

(b) Use the Services or Coda Sites to collect or store personal data about other users or persons in connection with the prohibited conduct and activities set forth in Section 6 above; or

(c) Transmit, publish, share, disclose, or post another individual’s confidential or personal information.

8.3. Confidential Information

‍You shall not upload, post, email, transmit, or otherwise make available through the Services any content that you do not have a right to make available under any law or under any contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

9. Your Obligation to Compensate Us, Our Liability, and Our Provision of the Services

9.1. Your Obligation to Compensate Us

‍You agree to compensate Coda and/or, if applicable, its affiliates and subsidiaries, for any costs, damages, charges or losses sustained or incurred by us (or such affiliates and subsidiaries) arising from any breach by you of these Terms including (without limitation) breach of the Acceptable Use Restrictions.

9.2. Our Liability

9.2.1. Nothing in these Terms is intended to, or will, exclude or limit our liability for:

(a) our fraud or fraudulent misrepresentation;

(b) death or personal injury resulting from our negligence; or

(c) any other liability which we may not limit or exclude under applicable law including any breach by us of your statutory rights as a consumer.

9.2.2. Subject always to Section 9.2.1 above, we will not be responsible to you or any third party for:

(a) losses that were not foreseeable by you and us at the time of you first accepted these Terms;

(b) any business losses and/or losses to non-consumers (for example loss of business, loss of business information, business interruption and loss of profits or revenues);

(c) losses resulting from third party services, equipment and devices that you use to access the Services and/or Coda Sites;

(d) any use by you of the Services, including where you are in breach of these Terms (including any breach by you of the Acceptable Use Restrictions);

(e) damage to your equipment (e.g. desktop, laptop, mobile, smartphone, tablet, games console or other internet-enabled device) or for any loss or corruption of data that results from your use of the Services, except that if any defective digital content that we have supplied to you damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation;

(f) our closure or suspension of your Coda Account in accordance with these Terms;

(g) the accuracy or completeness of any information provided by us or third parties (including Publishers) via the Coda Sites

(h) any Publisher Codes purchased or transactions entered into via the Services;

(i) any misuse or unauthorised use of Coda Accounts; or

(j) failure or delay by Coda or its employees, agents, or representatives to perform its obligations under these Terms, to the extent that such failure or delay is caused by an event or condition beyond its reasonable control.

9.2.3. Subject always to Section 9.2.1 above, the aggregate liability of Coda and its respective employees, directors, agents, representatives arising out of or in connection with these Terms or the transactions contemplated in these Terms, shall not exceed the amount of payment that you have made via the Services for the transaction giving rise to the claim for liability.

9.3. Our Provision of the Services

9.4. Subject always to Section 9.2.1 above:

(a) the Services and Coda Sites are provided on an “as is” basis and Coda makes no specific representations or warranties regarding the Coda Sites or the Services;

(b) We do not guarantee that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful computer software;

(c) Coda has no control over the quality, fitness for purpose, safety, reliability, legality, or any other aspect of the Publisher Codes, any digital content, good or service provided by a Publisher that you purchase using the Services;

(d) You agree and understand that the availability of the Services is dependent on the network and systems availability of our service providers, the Payment Channels, the Publishers, and/or our affiliates and subsidiaries;

(e) The Services and/or any of the Coda Sites may from time to time be delayed, interrupted or disrupted for an indeterminate period of time. In the event of any of these circumstances, Coda shall not be liable for any claims arising from or in connection with any such delays, interruptions; and disruptions, limitations, suspensions, termination or the like to the Services and/or the Coda Sites.

10. Additional Terms For Codacash

10.1. This Section sets out the additional terms and conditions (the “Codacash Terms”) that apply to users of Codacash. These Codacash Terms are effective alongside the General Terms of Use provided above.

10.2.Codacash Services

10.2.1. We offer Codacash as a payment method that can be used to purchase select products and/or services on Codashop. You must have, and be logged into, your Coda Account and have sufficient balance (including to cover for any applicable taxes) to make a purchase using Codacash. Transactions will not be successful if you have insufficient balance in your Coda Account.

10.2.2. Your Coda Account is specific to the territory where you reside and is denominated in and equivalent to the local currency in that territory. You may use Codacash to buy only the products and/or services offered on Codashop in the territory where you reside.

10.2.3. You acknowledge and understand that Codacash is not legal tender and is limited to use/redemption via Codashop. Codacash is exclusive to you for your own personal use and may not be resold, transferred for value, exchanged for cash, applied to any external account, or offered for sale, lease, gifting or trading (and you may not attempt to do any of these things). You may not withdraw your Codacash balance or transfer the balance between Coda Accounts. You may only consume your balance by purchasing products and/or services on Codashop.

10.3. Codacash requirements

10.3.1. To top-up or make a purchase using Codacash, you must have an open, active Coda Account.

10.4. Top-ups

10.4.1. You may top up your Codacash wallet using the Payment Channels that are available for Codacash top-ups on Codashop. Coda may decline your top-up request for any reason and at its sole discretion. Coda is not liable or responsible for a top-up that is not successfully processed by the Payment Channel you select. The top-up amount will be added to your Coda Account balance once Coda has confirmed that your payment is successful via a success message to your registered mobile number or email address.

10.4.2. Coda is entitled to impose a limit on the value stored in your Coda Account and/or specify transaction limits on individual top-ups. This could be due to limitations imposed by the Payment Channels by the relevant monetary/financial authorities or central bank in your jurisdiction, or for other reasons.

10.4.3. All Codacash wallet top-ups are final and non-refundable.

10.5. Completion of purchase transaction

The purchase transaction amount will be deducted against your Codacash balance in your Coda Account once the transaction on Codashop is confirmed successful.

10.6. Refunds for purchase transaction

We will not process any refunds for successful purchases made using Codacash except, if applicable, in accordance with 3.2. Codacash refunds, if applicable, will be credited back into your Coda Account.

10.7. Rewards and benefits

10.7.1. We may from time to time (at our sole discretion) offer rewards or benefits that you may be eligible to receive if you use Codacash to make payment for a purchase on Codashop. Rewards or benefits may include cashbacks (where a portion of your purchase value is credited to your Coda Account), bonuses to your purchase (such as grant of additional in-game credits or in-game items at no cost to you) or other ad hoc rewards through events or promotions.

10.7.2. These Terms (including these Codacash Terms) apply to such rewards or benefits alongside any additional, specific rules for the reward/benefit in question which will, if applicable, be posted on the relevant page/s of the Coda Sites and/or other applicable platforms. We encourage you to read such additional rules and review our Privacy Policy, which, in addition to these Terms, apply to any information you submit in connection with the rewards, benefits, bonuses, and events and promotions.

10.8. Balance after closure

Unless otherwise provided in these Terms, if your Coda Account is permanently closed, whether by Coda or by you voluntarily, all unused Codacash balance will immediately expire and be removed. Where Coda has closed your Coda Account for a reason other than for cause (“cause” meaning for any of the reasons set out in Section 2.2.2 above), Coda shall, as soon as reasonably practicable, use reasonable efforts to grant you the right to consume a product and/or service of your choice that is equivalent in value to your unused balance. For the avoidance of doubt, Coda will not be required to grant you such right if your Coda Account is permanently closed by Coda for cause or if you voluntarily close your own Coda Account. You shall not be entitled to any other compensation from Coda, and Coda will not be liable to you for any loss of your Codacash balance.

11. General Provisions

11.1. Links to Third-Party Sites

Links to third-party sites provided through the Services may lead you to leave the Coda Sites. Please note that the linked sites may not be under the ownership or control of Coda in any manner whatsoever, and you therefore access them at your own risk. Coda has no knowledge or control of, and is not responsible for, the contents, terms of use, privacy practices, or goods/digital content/services of any such linked site, or any link contained within a linked site, including any changes or updates to such sites. The inclusion of any third-party link does not in any way imply or express affiliation, endorsement, or sponsorship by Coda of any linked site and/or any of its content and/or its goods/digital content/services.

11.2. Notices

We may make any notices that we may be required by law to make in electronic format (such as but not limited to when you visit the Coda Sites or platforms, via forms or emails, when Coda posts notices or updates to these Terms, or when Coda communicates with you via your email or mobile phone number).

11.3. No waiver

‍Coda’s failure or delay in enforcing any right or provision under these Terms shall not be construed as a waiver or limitation of its right to subsequently enforce these Terms.

11.4. No endorsement

References to goods, services, and/or businesses on any of the Coda Sites do not constitute or imply an endorsement, approval or recommendation by Coda of those goods, services and/or businesses.

11.5. Security

Coda takes all reasonable steps to preserve the security of the information that you provide to it. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst Coda strives to protect all data transmissions over the Internet (including your information) and has adopted substantial measures to mitigate security risks, Coda does not warrant and cannot ensure the absolute security of any information which you transmit to Coda.

11.6. Relationship

Nothing in these Terms is intended to or creates any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary relationship between you and Coda.

11.7. Assignment

You may not assign any of your rights or obligations under these Terms, or any part of it, to any other party without our prior written approval. Any attempt by you to do so without our prior written approval shall be deemed null and void. We are entitled to assign or otherwise transfer these Terms and/or any of our rights and/or obligations, in whole or in part, to any Coda affiliate or subsidiary or any third party, with or without notice to you provided that such assignment or transfer will not negatively affect your rights under these Terms.

11.8. Localised terms

‍These Terms were prepared in English. To the extent that any translated localised version of the Terms conflict with the English version, the terms of the English version prevail.

11.9. Separability

If any of the provisions of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

11.10. Governing Law and Jurisdiction

‍These Terms are governed by and shall be construed according to the laws of the Netherlands without regard to its conflicts-of-law provisions. We shall endeavour to amicably resolve any disputes that arise out of or in connection with these Terms (including any question regarding its existence, validity or termination), but in the event that such efforts shall fail, such disputes will be resolved by the Amsterdam District Court following proceedings in English before the Chamber for International Commercial Matters (“Netherlands Commercial Court” or “NCC District Court”) provided that such choice of law/jurisdiction will not deprive you of any mandatory consumer protections of your home country (if different). An action for interim measures, including protective measures, available under Dutch law may be brought in the NCC’s Court in Summary Proceedings (CSP) in proceedings in English. Any appeals against NCC or CSP judgments will be submitted to the Amsterdam Court of Appeal’s Chamber for International Commercial Matters (“Netherlands Commercial Court of Appeal” or “NCCA”). The NCC Rules of Procedure apply.

Notwithstanding the exclusive jurisdiction of the NCC, if you are a Dutch user of the Services you may for a period of one month after Coda invokes in writing this Section 11.10, opt for the resolution of the dispute by the competent court under Dutch law.

For non-UK users: We are obligated by applicable regulations to provide a link to the European Commission’s online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr.

12. User Declarations

12.1. Age

The Services are not directed to persons under the age of 18 (a “minor”). Subject to specific age restrictions imposed in your country, and unless otherwise set forth in these Terms, permission and consent from a parent or legal guardian to use the Services is required for minors. By proceeding with the use of the Services, such parent or legal guardian will be deemed to have agreed to these Terms on the minor’s behalf and will be responsible for the use of the Services, including the creation and use of the minor’s Coda Account, purchases or transactions made by the minor, and whether or not the minor was under supervision during such purchase. As such, purchases cannot be cancelled on the ground that they were made without the permission, consent, and/or supervision of the parent or guardian.

12.2. Use for lawful purposes

You warrant (i.e., promise) that you are using the Services or the Coda Sites on a machine or device over which you have ownership, or whose use by you has been authorised by the owner of such machine or device.

13. Contact Us

For any requests or questions in connection with these Terms, you may write to support.eu@coda.co or visit our  Help Center.