TERMS AND CONDITIONS
Coda Payments PTE LTD and/or its subsidiaries, including but not limited to Coda Payments India Pvt. Ltd. (“Coda,” “we,” or “us”) provides a service (“Codapay”) that allows you (“you”) to make purchases from us, your mobile network operator (“Operator”), or a merchant (“Merchant”) by redeeming prepaid mobile credit issued by your Operator, having the value of such purchases added to a postpaid mobile bill issued by your Operator, or by paying for such purchases using another payment channel.
This agreement (the “Terms and Conditions”) sets forth the terms and conditions of your use of Codapay. By using Codapay, Codashop ( https://www.codashop.com ), or any other service created by us, you are agreeing to these Terms and Conditions.
You must only use Codapay to make purchases using your own mobile account or payment instrument. You may make purchases using a corporate or business mobile account or payment instrument only if you are authorized both to make purchases for the organization and to agree to these Terms and Conditions on its behalf.
If you lose your SIM card or mobile phone or if your mobile account has otherwise been compromised, you must alert your Operator immediately so that it can block your account from being used for Coda purchases, calls, and other services. If someone else uses your account to make purchases before you make this report to your Operator, it will be at your Operator’s discretion whether to issue a refund to you for the value of such purchases.
By using Codapay, you acknowledge that
transactions made through Codapay cannot be repudiated after being initiated
you are solely liable for use of your mobile account or payment instrument and that Coda shall have no liability to you or any third party for any unauthorized use or access of Codapay through your mobile account or payment instrument
you are responsible for any taxes, duties, currency exchange fees, data charges and related charges on purchases made by you using Codapay
Coda, your Operator, or a Merchant may decline to accept a transaction you initiate through Codapay for any reason, and that, should this occur, Coda shall not have any liability to you
you consent to be contacted by Coda, and to receive notices electronically, including but not limited to by text message, from us. You agree that we may make any notices that we may be required by law to make in electronic format. These communications will be deemed to be in writing and received by you when sent to you
You may not
use Codapay in any way that violates any applicable law or for any unlawful purpose
attempt to harm, disrupt, or otherwise engage in activity that diminishes Coda, our websites, or our Service
interfere with any other person’s use of Codapay
misrepresent your identity or impersonate any person
attempt to gain access to any account, computers or networks related to Codapay without authorization
attempt to obtain any data through any means from Codapay, except if we intend to provide or make it available to you
attempt to charge others to use Codapay either directly or indirectly
use Codapay for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others
use Codapay to purchase any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents
use Codapay to harvest or otherwise collect information about others, including e-mail addresses
attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Coda
Dispute and error handling
If you are dissatisfied with any or service purchased using Coda, or if you believe that you have been charged in error, you should contact the Merchant (or, if your purchase was made at Codashop, us) directly to attempt to resolve the issue. If you are unable to resolve the issue with the Merchant directly, you may dispute a transaction (or a partial transaction) with Coda. You may initiate a dispute by contacting 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 and make reasonable efforts to resolve them on behalf of customers. Ultimate resolution of such disputes shall be at the sole discretion of Coda.
As part of or separate from the dispute handling process, we may determine that a mistake has been made that affects you. If we determine that you have been incorrectly charged or overcharged, we will credit your account or otherwise arrange for a refund to rectify the mistake. If we conclude that you were not charged when you ought to have been or have been undercharged, we may debit your account or otherwise collect a payment to rectify the mistake.
Sales by Coda, including but not limited to sales on Codashop, are final; no returns are accepted and no refunds are issued. Gift code issuers, not Coda, are responsible for redeeming gift codes that you purchase from Codashop and for providing goods or services to you in exchange.
Unless otherwise noted on the product information page, gift codes sold on Codashop do not expire.
Copyright, trademarks, and intellectual property
If you purchase content using Coda, it is exclusively for your personal consumption. You have no right to reproduce it for any reason, including for distribution.
Except for the licenses granted in these Terms and Conditions, you have no right, title or interest in or to Coda or its Service. Coda’s websites and Service, including its constituent parts, are Copyright © 2016 Coda Payments, and/or the proprietary property of its suppliers, affiliates, or licensors. They may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web sites or other networked computer environment) without our express prior written consent. All rights reserved.
Our service marks and logo may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
Coda may have patents, patent applications, or other intellectual property rights. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with our webpages and Service does not give you any license to our intellectual property.
We have no control over the quality, fitness, safety, reliability, legality, or any other aspect of any good or service provided by a Merchant that is purchased using our Service. We are not required to issue refunds if a purchase turns out to not meet your expectations, or if the Merchant does not fulfill its commitments, although we will make reasonable efforts to assist you in these matters as described in the “Dispute and error handling” section above. We have no obligation, and cannot guarantee that, we will resolve any disputes related to any transaction to your satisfaction.
From time to time, Codapay may be delayed, interrupted or disrupted for an indeterminate period of time. In addition, except as otherwise required by applicable law or regulation, Coda may terminate your use of Codapay or impose limits on the type and or amount of transactions you are allowed to make with the service at any time in its sole discretion without prior notice. Coda and its affiliates shall not be liable for any claim arising from or related to Codapay arising from any such delay, interruption, disruption, limitation, or suspension.
In no event will Coda or any affiliate be liable for indirect, consequential or special damages, including lost profits, arising from your use of Codapay, even if such damages were reasonably foreseeable and notice was given regarding them. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory.
OUR WEBSITES AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITES, CODAPAY OR ANY APPLICATION OR DOCUMENTATION.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR 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 THIS AGREEMENT, THE WEBSITES, CODAPAY (INCLUDING THE INABILITY TO USE CODAPAY), OR ANY SERVICES OR GOODS PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH CODAPAY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF CODA OR OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF CODAPAY DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
In no event will we be liable to you for any failure or delay by us (or our employees, agents, or representatives) in performing our obligations under this Agreement, regardless of whether the failure or delay is caused by an event or condition beyond our 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 and Conditions. Our liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend and hold harmless, Coda, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all claims, losses, expenses, damages and costs, including but not limited to attorneys’ fees, resulting from any violation of this agreement by you.
If any part of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining Terms and Conditions will remain in full force and effect and, upon our request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the economic, legal and business objectives of the original language. If such construction is not possible, the provision will be severed from this Agreement and the rest of the Agreement will remain in full force and effect.
Coda is not a bank, e-money issuer, or money transferor and does not require the approval of the Monetary Authority of Singapore or the Japanese Financial Agency to operate. Your prepaid or postpaid mobile account is not a bank account, e-money account, payment card, or other regulated financial instrument.
Coda does not process or store your credit or debit card number.
This Agreement shall be governed by and construed according to the laws of Singapore without regard to its conflicts-of-law provisions, and you and Coda agree to submit to the exclusive jurisdiction of the Singapore courts.
Nothing in these Terms and Conditions is intended to or creates any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary relationship between you, us, or our affiliates.
Coda may assign this contract, any of its terms, and any of Coda’s obligations, in whole or in part, at any time, with or without notice to you, but you may not assign this contract, or any part of it, to any other party without Coda’s prior written approval. Any attempt by you to do so is void.
Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of these Terms must be filed within one (1) year after such claim or cause of action first could be filed or be forever barred.
We will not be considered to have waived any of our rights or remedies, or portion of them, unless the waiver is in writing and signed by us.
Our failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provisions.
These Terms and Conditions constitute the entire agreement between you and Coda, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings. No modification or amendment of this Agreement will be binding on Coda unless set forth in writing signed by us.
These Terms and Conditions were written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.
We reserve the right to change, modify or otherwise alter these Terms and Conditions at any time. You can find the most recent version on our website. Such modifications shall become effective immediately upon the posting thereof.