Payments Terms and Conditions
THIS LEGAL AGREEMENT SET OUT BELOW BETWEEN YOU AND ONKY PTE. LTD. (ONKY PTE) GOVERNS YOUR USE OF THE ONKY PTE PAYMENTS SERVICE (THE SERVICE). BY ACCESSING OR USING THE SERVICE YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
ONKY PTE is the provider of the Service, which permits you access to download software products identified as applications that have been developed, and are licensed to you, by ONKY PTE and are made available through ONKY PTE-branded Web sites and mobile application (The Products) and/or purchase virtual, in-game currency, including but not limited to virtual coins, points, credits, bonuses or chips all for use in the Service or virtual in-game items or collections, all with no cash value (Virtual Currency and Virtual Goods), for end user use and only under the terms and conditions set forth in this Agreement.
As a user of the Service, you have an account (Account). Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify ONKY PTE of any security breach of your Account. ONKY PTE shall not be responsible for any losses arising out of the unauthorized use of your Account.
USE OF PRODUCTS
Products may include functionality that enables you to receive additional services, or licenses to additional functionality or content for use within the Product (In App Purchases). Once a consumable In App Purchase is acquired and received by you, ONKY PTE shall be without liability to you in the event of any loss, destruction, or damage. All In App Purchases are deemed Products, and treated as such, for purposes of these terms and conditions.
You must enter your payment details to acquire In-App Purchases when prompted, once you have entered your payment details to obtain an In-App Purchase and the transaction was approved, you will you will be able to acquire additional In-App Purchases without re-entering your payment details, and you will be able to set a PIN Code, which will allow you to protect unauthorized In-App Purchases with the payment method(s) on file. If applicable, You can manage and edit your payment methods by adjusting the settings of your Account in the ONKY PTE Rewards Game Center. For more information, please contact: [email protected]
PAYMENTS, TAXES, AND REFUND POLICY
You agree that you will pay for all Virtual Currency and Virtual Goods you purchase through the Services, and that ONKY PTE may charge your payment method for any Virtual Currency and Virtual Goods purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING ONKY PTE WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. ONKY PTE may change such third party provider in its sole discretion at any time. If such third party provider is modified, new terms shall apply and ONKY PTE will update this provision when applicable.
Your total price will include the price of the Virtual Currency and Virtual Goods plus any applicable tax; such tax is based on the bill-to address and the tax rate in effect at the time you purchase the Virtual Item.
All sales of Virtual Currency and Virtual Goods are final.
Prices for Virtual Currency and Virtual Goods offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
If a Virtual Currency or Virtual Goods becomes unavailable following a transaction, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Virtual Currency or Virtual Goods, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by ONKY PTE.
ONKY PTE shall be responsible for and agree to reimburse players for all justified chargeback and refund claims. Credits provided by ONKY PTE are limited for a period of one year. ONKY PTE shall not be liable for any chargeback and refund claims in the event of an unlawful request, abuse of our Services, or infringement of ONKY PTEs Terms. Furthermore, in the event of any such claims or other fraudulent behavior relates to the Services, ONKY PTE may close Your Account at its sole discretion.
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
IMPORTANT SAFETY INFORMATION
To avoid muscle, joint, or eye strain during your use of the products offered through the Service, you should always take frequent breaks, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including but not limited to while playing video games. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before using the Products offered through the Service if you have ever suffered these or similar symptoms, and stop using such Products immediately and see a doctor if they occur during your use of such Products.
PRODUCT MAINTENANCE AND SUPPORT
ONKY PTE will be responsible for providing any maintenance and support services with respect to the Products, as specified in the ONKY PTEs Terms, or as required under applicable law.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
ONKY PTE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME ONKY PTE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY ONKY PTE) PROVIDED AS IS AND AS AVAILABLE FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL ONKY PTE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ONKY PTES LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ONKY PTE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ONKY PTE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
ONKY PTE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ONKY PTE DISCLAIMS ANY LIABILITY RELATING THERETO.
WAIVER AND INDEMNITY
BY USING THE SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD ONKY PTE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY ONKY PTE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM ONKY PTE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF ONKY PTES CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
ONKY PTE reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed acceptance thereof.
ONKY PTE reserves the right to take steps ONKY PTE believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that ONKY PTE has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as ONKY PTE believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to ONKY PTEs right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third-party claim that your use of the Service and/or Products is unlawful and/or infringes such third partys rights).