Effective Date: 8 June 2021
Scope and Acceptance
Unless specified otherwise in these Terms, the Terms are hereby entered into and agreed upon between you and Coda Singapore.
Acceptance. By using any of the Services, 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.
Amendments. Coda reserves the right to make changes at any time to these Terms or any of the policies or notices relating to its platforms, sites or applications. Such changes will be effective immediately upon publication on www.codapayments.com, www.codashop.com, community.codashop.com (the “Coda Sites”), or other Coda applications, websites, and/or platforms. Coda will also post a notice on these platforms to inform users of the new Terms, and the date of the last revision is set out at the top of the Terms. It is your responsibility to regularly check the abovementioned sites for the latest version of the Terms. Your continued use of the Services or any of the foregoing platforms following any changes to the Terms shall be deemed as continued acceptance of the revised Terms.
Updates. 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 application, or any of our platforms remotely. You hereby grant to Coda the right to deploy and apply such variations. All provisions of these Terms of Service shall also apply to all such variations.
Use of the Services
Application of Terms through use. These Terms shall apply regardless of how you access or use any of the Services, including but not limited to mobile devices, desktop devices, mobile applications, internet browsers, or any other device, application, or software.
License for use
Access and use of Services and Coda Sites
The Services allow you to purchase certain digital content, such as gift codes, app/game credits, and vouchers from Coda or its Publishers via the Coda Sites or through the Publishers’ sites or platforms, and make payment for such purchases through the Payment Channels by:
For credit card or bank transfer payments, any banking or credit card details that you provide are collected directly by the Payment Channels who are the relevant banking institutions, card issuers, or card aggregators. These details are not collected, stored, or processed by Coda.
Purchases made using the Services will be in one of two forms, where:
Payment facilitation and digital content reselling services
You 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 payment; or (ii) Codashop.
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.
You are fully 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 accounts or your payment instruments.
Coda, the Publishers, and/or the Payment Channels reserve the right and discretion to reject or decline any transaction for any reason or set limits on transaction types and/or amounts.
Publisher Codes. 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 solely responsible for redeeming the Codes, and for providing goods or services to you in exchange. Unless otherwise noted on the relevant product information page on the Coda Sites, Publisher Codes do not expire.
Modification of Services. Coda reserves the right to change, modify, suspend or discontinue the Services in part or whole at any time, with or without notice to you. Any changes or modifications may be reflected in these Terms according to the section on Amendments.
Taxes, charges, and fees. You are responsible for any taxes, duties, currency exchange fees, data charges, and related charges on purchases that you make as a result of or in the course of using any of the Coda Sites or Services.
Disputes handling. If you are dissatisfied with any Publisher Codes purchased using the Services, or if you believe that you have been charged in error, please directly contact the following in order to resolve the issue:
If you are unable to resolve the issue with the Publisher directly, you may file a dispute or complaint against the Publisher with us. You must not make any false or misleading statements when filing, or during the subsequent investigation of, a dispute. Coda will investigate all disputes that are filed with it and will make reasonable efforts to resolve them. However, the ultimate resolution of such disputes shall be at Coda’s sole discretion.
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 that you have been incorrectly charged or overcharged, Coda will credit your account or otherwise arrange for a refund to rectify the mistake. If Coda concludes that you were not charged when you ought to have been, or that you have been undercharged, Coda may debit or charge your account or otherwise collect a payment to rectify the mistake accordingly.
Product Descriptions. Coda takes every effort to ensure that the product descriptions on Codashop are as accurate as possible. However, to the extent permitted by law, we do not warrant that such product descriptions are complete and accurate.
Refunds. You acknowledge and understand that transactions successfully made using any of the Coda Sites or Services are final. No returns will be accepted, and no refunds will be issued unless expressly specified otherwise in these Terms. In the event that a refund will be made to you after dispute and/or error handling as outlined in the sections on Disputes and Error Handling, the time frame 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.
Codashop User Accounts
Account services. At your option, you may register for a Coda Account, which allows you to:
Account verification. If you sign up for a Coda Account, you confirm that you have provided Coda with complete and accurate information about yourself for verification purposes, and that you are responsible for maintaining the confidentiality of your Coda Account, its password, and all activities that occur under your Coda Account. In the event of any unauthorised access to your Coda Account, you shall notify Coda immediately.
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 necessary to resolve the matter as soon as reasonably practicable.
Closure or suspension of Coda Account due to breach. Coda reserves the right at its sole discretion to permanently close or suspend your Coda Account or your access to it at any time if:
Voluntary closure of Coda Account by user. You can choose to close your Coda Account permanently, at any time and for any reason, upon giving thirty (30) days of prior written notice to Coda via www.codashop.com. 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.
Use of Codaclub and User Content
User Content. You are responsible for all content that you transmit, publish, share, send, or post, whether publicly or privately (the “User Content”), on Codaclub. 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.
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.
User Content restrictions. You shall not transmit, publish, share, send, or post User Content that:
Rights over User Content. You represent and warrant that (i) you own or have the rights to transmit, publish, share, send, or post the User Content; and (ii) the User Content does not violate these Terms and any relevant laws or regulations applicable in your jurisdiction.
Removal of User Content. You accept and agree that Coda may remove your User Content if it violates this section on Codaclub or any part of these Terms, without prejudice to Coda’s discretion to suspend or close your Coda Account.
In respect of your purchases, you confirm that: (i) you are purchasing the Publisher Codes via the Services for your own exclusive and personal consumption; (ii) you shall have no right to reproduce, replicate, distribute or otherwise exploit any content, goods or services provided to you; and (iii) you at all times comply with all applicable laws, rules and regulations in your purchase and use of the Publisher Codes.
In using any of the Services, you shall not carry out any of the following acts, nor use the Services to engage in the following acts:
Fraud and unlawful conduct
Abuse, harassment, and interference with user experience
Damage to Coda’s business, platforms, or Services
You understand that the enumeration of acts above is not exhaustive, and that acts analogous to those enumerated above, or those that are unlawful, fraudulent, abusive, or damaging in a similar manner, shall also be prohibited.
Use and Ownership of Intellectual Property
Coda owns or holds all necessary licenses to all intellectual property rights (including all existing and future copyright, trademarks and patent rights) in all information, text, material, graphics, logos, icons, sound recordings, software and source code on the Coda Sites, including the platforms through which Coda provides you the Services (“Subject Matters”).
Unless provided otherwise in these Terms, all third-party content on the Coda Sites is owned by or licensed to Coda in accordance with the relevant laws.
Except as expressly authorised by these Terms, you have no right, title, or interest in or to the Subject Matters. You may not, without our express written permission (or that of our suppliers or licensors, where applicable), in any form or by any means:
Personal Data and Confidential Information
User obligations relating to personal data. In using the Services, you agree not to in any way:
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).
Indemnification and Liability
Indemnification. You agree to indemnify, defend, and hold harmless, Coda, 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.
Limitation of liability
To the maximum extent permitted by applicable law, Coda 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 the Coda Sites 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 Coda 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.
Coda shall in no event be liable to you for any failure or delay by Coda 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. Coda’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.
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, Coda makes no representations or warranties of any kind, express or implied, regarding the Coda Site or the Services, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights.
Coda 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. Except as otherwise indicated in these Terms, Coda shall not be obliged to issue refunds if a purchase does not meet your expectations, or if the relevant Publisher does not fulfil its commitments, although Coda will make reasonable efforts to assist you in these matters as described under the sections on Disputes and Error Handling. Coda has no obligation, and cannot guarantee, that it will resolve any disputes related to your transaction to your satisfaction.
Coda may, at its sole discretion and at any time, suspend or terminate your access to or disable your use of the Services and/or the Coda Sites for any reason without prior notice to you, including if Coda suspects fraud, illegal, unauthorised or improper conduct on your part, or if you have breached any part of these Terms. Coda 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 Channels, the Publishers, and/or our affiliates and subsidiaries.
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 the abovementioned circumstances, Coda 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 the Coda Sites.
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). 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 Coda 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.
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 and compel strict compliance therewith.
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.
Termination. Coda may, at its sole discretion, terminate your access to any of the Coda Sites, the Services, and/or your Coda Account if you breach any of the Terms. In the event of termination, the provisions of the section on Indemnification and Liability shall survive.
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. As such, any information which you transmit to Coda is transmitted at your own risk.
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.
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, however, entitled to assign these Terms and/or any of our obligations, in whole or in part, at any time, to any Coda affiliate or subsidiary or any third party, with or without notice to you.
Entire agreement. These Terms constitute the entire agreement between you and Coda, 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 Coda unless agreed to by Coda, set forth in writing, and published in the same manner as previously binding versions.
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.
These Terms shall be governed by and construed according to the laws of Singapore without regard to its conflicts-of-law provisions.
We (or the relevant Coda entity) 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 Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference into this section on Governing Law. The seat of arbitration shall be Singapore, 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.
Age. 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 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.
Use for lawful purposes. 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.
Use of device. You warrant 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.
Use of payment instruments. You are solely liable for the use of your selected payment instruments in connection with our Services, and Coda shall have no liability to you or to any third party for any unauthorized use of your payment instruments in connection with the Services.
Company information. Coda Payments Pte. Ltd. is a company registered under the laws of Singapore (Company Registration No. 201136158E) with registered address at 53 Craig Rd #02-01 Singapore 089691. It is currently under application as a Major Payment Institution regulated by the Monetary Authority of Singapore.