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These General Terms and Conditions of Sale (these “Terms of Sale”) govern the purchase of any virtual in-game items or in-game benefits (the “Virtual Products”), the purchase of third-party partners’ vouchers within the Services (“E-vouchers”), or the purchase of a premium status as part of the Services (“Premium Status” together withVirtual Products and E-Vouchers, the “Products”) from WEWARD, a French Société par Actions Simplifiée(simplified limited liability company), having a place of business at 111 Avenue Victor Hugo, 75016, Paris (“WeWard”, “we”, “our”, “us”) through the website (the “Site”) and/or any associated mobile applications (each, an “App”, and together with the Site, the “Services”).By purchasing any Product through the Services, you expressly agree to these Terms of Sale.
1. Eligibility
The Products shall only be purchased by users who are at least 18 years old (“Customers” or “you”). To complete a purchase of a Product, you must have a valid billing address within the United States and must currently satisfy all eligible criteria for establishing a WeWard account. You must also have a current and valid payment method that is accepted by a third party payment processor approved by WeWard (a “Payment Processor”).
2. Restrictions
We may place a limit on the quantities of Products that may be purchased per order, per account, per payment card, per person, or per household. We may limit the period of time during which you may hold or use the Products. We reserve the right, without prior notice, to refuse service to any customer or reject any order, at anytime for any reason, and refund any money you have paid for such order.
3. Virtual Products, E-vouchers and Premium Status
The only Products offered for sale by WeWard are thoseshown on the Services.
WeWard reserves the right to modify, eliminate, and/or terminate Products or any portion thereof, at any time, without notice of liability to you.
4. Purchase of products
The purchase of any Virtual Product is merely the purchase of a limited personal non-commercial revocable license to use the Virtual Product exclusively in the Services while we provide you with the Services, and does not transfer ownership of the Virtual Product to you (the “License”). You understand that while you may “earn,” “buy,” or “purchase” Virtual Products through our Services, you do not legally “own” any Virtual Product and the amounts of any Virtual Product do not refer to any credit balance of “real”currency or its equivalent. Any “virtual currency” balance shown in your WeWard account does not constitute a “real-world” balance or reflect any stored value. YOU ACKNOWLEDGE THAT YOU DO NOT ACQUIRE ANY OWNERSHIP RIGHTS IN OR TO THE VIRTUAL PRODUCTS.
The License is personal to you, and cannot be sold, transferred, assigned, gifted, traded, sublicensed, or otherwise exchanged with a third party outside the scope of the Services. Accordingly, we expressly prohibit and do not recognize as legitimate any purported sales, transfers, assignments, gifts, trades, sublicenses, or other types of exchanges of Virtual Products not allowed by Company, whether for “real” money, goods, credits, or any other type of exchange currency. Any such sale, transfer, or exchange (or attempt to do so) is prohibited, void, and is a violation of these Terms of Sale and may result in cancellation of such Virtual Products, termination of your WeWard account, a lifetime ban from using our Virtual Products and Services, and/or a legal action.
You agree to comply with our third-party partners’ conditions of use and applicable policies when using the E-vouchers purchased via the Services. You acknowledge that Company shall not be responsible for any issues relating to the use of any E-voucher.
You understand that while you may “earn,” “buy,” or “purchase” Premium Status through our Services, you do not legally “own” any Premium Status. We reserve the right to modify or discontinue Premium Status offered aspart of our Services at any time, without prior notice. YOU ACKNOWLEDGE THAT YOU DO NOT ACQUIRE ANY OWNERSHIP RIGHTS IN OR TO THE PREMIUM STATUS.
5. Refunds, Prices and Payment Methods
YOU ACKNOWLEDGE THAT ALL PURCHASES OF PRODUCTS ARE FINAL, NON-REFUNDABLE, AND NON-EXCHANGEABLE TO THE FULLEST EXTEND ALLOWED BY LAW, AND THAT WEWARD IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. YOU FURTHER ACKNOWLEDGE AND AGREE THAT VIRTUAL PRODUCTS AND PREMIUM STATUS HAVE NO “REAL” WORLD VALUE AND THUS CANNOT BE REDEEMED FOR ACTUAL CURRENCY, GOODS, OR OTHER ITEMS OF MONETARY VALUE, INCLUDING IF YOU HAVE NOT USED VIRTUAL PRODUCTS OR PREMIUM STATUS REMAINING IN YOUR WEWARD ACCOUNT ATTHE TIME YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT FOR SUCH VIRTUAL PRODUCTS AND PREMIUM STATUS.
WeWard reserves the right to control, regulate, modify, discontinue, change, delete, or remove any Product offered for sale on the Services without notice to the Customers at any time and for any reason.WeWard also reserves the right to distribute any and all Product free of charge, at its sole discretion. WeWard may, at any time, revise the perceived value or pricing of any Product at its sole discretion and without notice to the Customers. YOU HEREBY ACKNOWLEDGE THAT PRODUCTS DO NOT HAVE, AND SHALL NOT HAVE, AT ANY TIME, ANY ESTABLISHED VALUE.
All prices indicated on the Services shall be in U.S.Dollars, and shall be exclusive of applicable taxes and telecommunicationscharges, unless otherwise indicated. To the extent permissible by law, youagree to be solely responsible for any such applicable taxes andtelecommunications taxes. Notwithstanding the foregoing, all applicable salestaxes shall be added to the price at check-out, and the Customer shall have anopportunity to review all such charges prior to completing and submitting anorder. The amount of sales taxes and other charges shall depend on various factors,including, without limitation, the type and the price of purchases. Sales tax regulations may change between thetime you place an order and the time payment is cleared, which may affect thecalculation of sales taxes. The amount appearing on the checkout page maydiffer from the sales taxes ultimately charged, as indicated in the invoice youwill receive with the purchase confirmation e-mail.
The price of the purchases and applicable sales taxes will be charged to your account when full payment has been received and cleared by WeWard. Payment may be made by credit card or debit card through Payment Processors, such as Google Pay or Apple Pay.Your purchase through the Payment Processor is subject to any applicable terms or conditions imposed by such Payment Processor. You are responsible for all charges in relation to your purchase from such Payment Processor and must provide accurate and complete payment information to the Payment Processor. We may suspend or cancel your WeWard account and/or your access to any of theServices if we are informed that you violated, or attempted to violate, the applicable Payment Processor’s policies.
6. Limitation of Liability
ALL PRODUCTS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY, EXCEPT WHERE PROHIBITED UNDER APPLICABLE LAW.
WE ASSUME NO LIABILITY FOR PURCHASING ERRORS, TRIAL VERSIONS, PROMOTION CODES OR DISCOUNTS NOT PROVIDED AT THE TIME OF PURCHASE. WE WILL NOT BE LIABLE FOR ANY ERRORS ON BILLING STATEMENTS. YOU ACCEPT FULL RESPONSIBILITY FOR CONFIRMING THAT THE PHONE OR OTHER DEVICE MANUFACTURER, PHONE OR OTHER DEVICE MODEL, AND CARRIER ARE SUPPORTED AND THAT THE PHONE OR OTHER DEVICE IS COMPATIBLE TO THE PRODUCTS OR SERVICES PURCHASED, DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE SERVICES. PLEASE READ THE SYSTEM REQUIREMENTS VERY CAREFULLY BEFORE MAKING ANY PURCHASES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL WEWARD BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OPPORTUNITY OR DATA, OR DELAY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT WEWARD IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT, WEWARD’S LIABILITY SHALL BE STRICTLY LIMITED TO THE PRICE YOU PAID FOR THAT PARTICULAR PRODUCT.
7. Force Majeure and Exclusions
WeWard shall not be liable for any delay or failure to make the Products accessible to Customers on its Services if such delay or failure is caused (i) by circumstances beyond its reasonable control, including, without limitation, acts of God, natural disaster, lightening, flooding, tornado, earthquake, fire, power grid or network outage, war, riot or other civil unrest, blackouts or governmental laws, regulations, orders or actions; (ii) by any third party network, service, platform or technology, including without limitation any network, service, platform or technology provided by Payment Processors; (iii)by improper installation or operation of the Products or any technology needed to operate the Products; or (iv) by a failure by the Customer to implement any correction, modification, enhancement, improvement, or other update made available to the Customer.
8. Website Policies
For any other legal information concerning your access to, use of, or the way the Services may use and collect your personal information, please read the WeWard’s Terms of Use (together with these Terms of Sale, collectively, the “Website Policies”).
WeWard reserves the right to amend any portion of the Website Policies at any time and without prior notice to you; as such, please make sure you review the current Website Policies prior to making a purchase on the Site. Any amendments or updates to any Website Policies shall be effective upon publication in their respective sections of the Site.
9. Miscellaneous
These Terms of Sale and their interpretationshall be governed by the laws of the State of New York without regard to its conflicts of law rules. Any disputes hereunder shall be resolved inthe courts of the State of New York, County of New York. The United Nations Convention on Contractsfor the International Sale of Goods shall not apply to any purchase or salehereunder.
These Terms of Sale, together with the other Website Policies, shall constitute the entire agreement between you and WeWard. The invalidity or unenforceability, in whole or in part, of any provision of these Terms of Sale shall not affect the validity or enforceability of any other provision hereof or any other term of the remaining Website Policies. The headings contained herein are for purposes of convenience only and shall not control or affect the meaning or construction hereof.
Effective Date: May 1st, 2024