TERMS AND CONDITIONS

Ⓒ 2024 Waffo Technologies Pte. Ltd. All rights reserved.

These Terms and Conditions (these “Terms”) describe your rights and responsibilities with respect to your use of Waffo’s mobile and/or web-based software platform and related services (the “Services”). “You”or “yours” of any variant therefore refers to you, if you are an individual entering into these Terms on your own behalf, or the entity or other organization that you represent in agreeing to these Terms.“Waffo”, “we”, “our”, or “us” refer to Waffo Technologies Pte. Ltd. and its affiliates.

When you are using the Services, the rights, obligations, applicable terms and conditions, as well as the responsibilities of Waffo, are outlined in these Terms. Please read it carefully to ensure that you understand your rights.

When you are using the Services, you are granted a non-exclusive, non-transferable, revocable, limited license to access and use the Services, subject to compliance with these Terms.

You agree to use electronic documents as a form of expression, which shall have the same effect as written documents. Once you click the "Agree" button when you use the Services, you are deemed to consent to comply with all provisions of these Terms. Waffo reserves the right to supplement, amend or delete any content in these Terms at any time without prior notice to you.

Article 1: Your Declarations

The Services are not directed to persons under the age of majority in your country (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 all provisions of 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 account with us, if applicable, 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.

You will use the Services for lawful purposes only and in accordance with these Terms and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

You warrant that you are using the Services, https://waffoplay.com or other sites of ours 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.

You are solely liable for the use of your selected payment instruments in connection with our Services, and we shall have no liability to you or to any third party for any unauthorised use of your payment instruments in connection with the Services.

For any requests or questions in connection with these Terms, you may visit us at https://waffoplay.com.

Article 2: Provision of Personal Identification Information

To provide the Service, Waffo may require relevant information from you in order to complete your order, including your email address, the name of the entity or organization you are representing, mobile number and/or address, as applicable.

You must update the provided information promptly if any changes occur. If the information provided is not accurate or up to date, we reserve the right to suspend or terminate your access to the Service. Additionally, any fraudulent or improper transactions may result in immediate termination of access to the Service.

Article 3: Information Collection and Data Privacy

We may access, collect, disclose, and/or process your personal data in the course of providing you with the Services. You acknowledge, accept, and understand that such access, collection, disclosure, and/or processing shall be in accordance with our Privacy Policy.

You must keep details of your payment information confidential and secure at all times and never share them with other people. You are liable for the use of your payment information, your payment accounts, if applicable, or instruments via the Services. You acknowledge and accept that Waffo has no liability for any unauthorised use or access by third persons of your payment accounts, if applicable, or your payment instruments.

Waffo will use the provided information for the following purposes:

In using the Services, you agree not to in any way:

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).

Article 4: Services and Restrictions

The Services allow you to purchase certain digital content, such as gift codes, app/game credits, and vouchers from us or its third-party merchants (the “Publishers”) via https://waffoplay.com or other sites of ours, or through the Publishers’ sites or platforms, and make payment for such purchases through the payment service providers (the “Payment Service Providers”) by:

  1. (i) Redeeming or consuming prepaid mobile credits issued by your mobile network operator;
  2. (ii) Having the value of such purchase added to your postpaid mobile bill issued by your mobile network operator; or
  3. (iii) Using one of the other payment options offered by our Services or our Payment Service Provider partners, such as e-wallets, voucher redemptions, over-the-counter payments at participating stores, credit cards, and bank transfers.

Purchases made using the Services will be in one of two forms, where:

  1. (a) You purchase codes, in-app/game credits, and vouchers directly from third-party Publishers (the “Publisher Codes”) as the merchant on record, and we provide facilitation services to the Publishers by processing and collecting payments for the purchased Publisher Codes for and on the Publishers’ behalf; or
  2. (b) Waffo resells the Publisher Codes directly to you, as the merchant on record.

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 relevant sites of ours to make a purchase; or (ii) https://waffoplay.com or other sites of ours.

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 Service Providers.

Publishers are solely responsible for redeeming the Publisher Codes purchased by you via the Services and for providing the relevant goods or services in exchange for such Publisher Codes.

All electronic records on the Service website are owned by us.

To improve service quality, if hardware or cloud storage changes are necessary, you hereby consent that we may transfer your personal data to another hardware or cloud location, and you will cooperate with us if any necessary settings for changes are needed from your end.

You must access the Service in compliance with all applicable laws. Any illegal access or server attacks will result in restrictions or termination of the Service to you, including blocking your IP address(es) and deleting your personal data.

If you have any questions about your purchase order records, you must provide proof of your transactions and submit your order information for Waffo to verify.

Article 5: Indemnification and Liability

You agree to indemnify, defend, and hold harmless Waffo, its affiliates and subsidiaries, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers, from and against any and all claims, actions, proceedings, losses, liabilities, expenses, damages, and costs, including but not limited to attorneys’ fees, arising out of or in connection with your use of the Services and/or any violation by you of these Terms.

To the maximum extent permitted by applicable law, Waffo and its respective employees, directors, agents, and representatives will not be liable for any indirect, incidental, punitive, or consequential damages arising out of or in connection with your use of https://waffoplay.com or any other sites of ours and/or the Services (including the inability to use the Services), or any Publisher Codes purchased or transactions entered into via the Services.

To the extent permitted by applicable laws, in no event will the aggregate liability of Waffo and its respective employees, directors, agents, and representatives arising out of or in connection with these Terms or the transactions contemplated herein, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of payment that you have made via the Services, in respect of the transaction giving rise to the claim for liability.

Waffo shall in no event be liable to you for any failure or delay by Waffo or its employees, agents, or representatives to perform its obligations under these Terms, regardless of whether the failure or delay is caused by an event or condition beyond its control. The laws of some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in these Terms. Waffo’s liability is limited to the greatest extent permitted by law.

Notwithstanding any law, rule or regulation to the contrary, you agree that any claim you may have arising out of these Terms must be brought or filed before the relevant tribunal in the jurisdiction where you are located within one (1) year after such claim could be first filed. Any claims brought after such period shall be forever barred.

Article 6: No Warranty and Disclaimer

The Services are provided on an “as is” basis. We do not guarantee that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful computer software.

To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding https://waffoplay.com or other sites of ours or the Services, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights.

Waffo has no control over the quality, fitness for purpose, safety, reliability, legality, or any other aspect of any good or service provided by a Publisher that you purchase using the Services.

We may, at its sole discretion and at any time, suspend or terminate your access to or disable your use of the Services and/or https://waffoplay.com or other sites of ours for any reason without prior notice to you, including if Waffo suspects fraud, illegal, unauthorised or improper conduct on your part, or if you have breached any part of these Terms. We may also impose limits on the type and/or amount of transactions you are allowed to make using the Services at any time in our sole discretion without prior notice.

You agree and understand that the availability of the Services is dependent on the network and systems availability of our service providers, the payment service providers, the publishers, and/or our affiliates and subsidiaries.

The Services and/or https://waffoplay.com and other sites of ours may from time to time be delayed, interrupted or disrupted for an indeterminate period of time. In the event of any of the abovementioned circumstances, Waffo shall not be liable for any claims arising from or in connection with any such delays, interruptions, disruptions, limitations, suspensions, termination or the like to the Services and/or https://waffoplay.com or other sites of ours.

Article 7: General Provisions

Links to third-party sites provided through the Services may lead you to leave https://waffoplay.com or other sites of ours. Please note that the linked sites may not be under the ownership or control of Waffo in any manner whatsoever, and you therefore access them at your own risk. Waffo is not responsible for the contents, terms of use, or privacy practices 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 us of any linked site and/or any of its content therein.

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 https://waffoplay.com and other sites of ours, via forms or emails, when Waffo posts notices or updates to these Terms, or when Waffo communicates with you via your email or mobile phone number). You consent to receive communications from us in electronic form and agree that all terms and conditions, notices, rules, disclosures, policies, and other communications from us provided electronically to you shall be deemed to satisfy any legal requirement relating to communications in writing and shall be deemed to be given on the date of the electronic communication.

You are responsible for any applicable taxes, duties, currency exchange fees, data charges, and related charges on purchases made through the Services.

Our failure or delay in enforcing any right or provision under these Terms shall not be construed as a waiver or limitation of our right to subsequently enforce any provision of these Terms and compel strict compliance therewith.

References to goods, services, and/or businesses on any of our sites do not constitute or imply an endorsement, approval or recommendation by Waffo of those goods, services and/or businesses.

Waffo may, at its sole discretion, terminate your access to https://waffoplay.com and/or other sites of ours, the Services, and/or your account with us (if applicable) if you breach any of these Terms. In the event of termination, the provisions of the section on Indemnification and Liability shall survive.

Waffo 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 Waffo strives to protect all data transmissions over the Internet (including your information) and has adopted substantial measures to mitigate security risks, Waffo does not warrant and cannot ensure the absolute security of any information which you transmit to Waffo. As such, any information which you transmit to Waffo is transmitted at your own risk.

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 Waffo.

You may not assign any of your rights or obligations under the provisions of 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, however, entitled to assign the provisions of these Terms and/or any of our obligations, in whole or in part, at any time, to any of our affiliate or subsidiary or any third party, with or without notice to you.

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.

These Terms constitute the entire agreement between you and Waffo, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings relating to the subject matter of these Terms. No modification or amendment of these Terms will be binding on Waffo unless agreed to by Waffo, set forth in writing, and published in the same manner as previously binding versions.

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.

These Terms shall be governed by and construed according to the laws of Hong Kong.

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 dispute shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the rules of the HKIAC (“HKIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference into the Article on Governing Law. The seat of arbitration shall be Hong Kong, and the Tribunal shall consist of one (1) arbitrator. All arbitration proceedings shall be in the English language. The decision of the arbitrator shall be final and binding.