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Last Updated: October 30, 2024
BY CLICKING “BUY NOW”, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND YOU AGREE TO BE BOUND BY, THE FOLLOWING EA SPORTS FC MOBILE WEB STORE TERMS AND CONDITIONS OF SALE (THESE “TERMS AND CONDITIONS” OR THESE “TERMS”), IN ADDITION TO EA SPORTS FC MOBILE WEB STORE TERMS OF USE (the “TOU” or “TERMS OF USE”) AND THE PRIVACY NOTICE (“WEB STORE TERMS”), WHICH ARE HEREBY INCORPORATED HEREIN BY REFERENCE. Unless the context otherwise requires, all capitalized terms used but not defined herein shall have the meanings set forth in the Terms of Use.
YOU ALSO HEREBY ACKNOWLEDGE AND AGREE THE DIGITAL PRODUCTS OF EA SPORTS FC MOBILE WEB STORE (THE “WEB STORE”) ARE BEING SOLD TO YOU BY CODA AND THESE TERMS FORM A CONTRACT BETWEEN YOU, ON THE ONE HAND, AND CODA, ON THE OTHER HAND. THESE TERMS AND THE TOU CONTAIN LIMITATIONS OF LIABILITY AND OTHER LEGALLY BINDING CONTRACTUAL TERMS. THESE CLAUSES AFFECT YOUR LEGAL RIGHTS AND REMEDIES, AND YOU SHOULD REVIEW THEM CAREFULLY BEFORE CLICKING “BUY NOW” OR OTHERWISE ACCEPTING THESE TERMS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEB STORE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEB STORE OR ANY OF THIS WEB STORE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
These Terms composed of Part I (General Terms and Conditions) and Part II (Additional Terms and Conditions) are an integral part of the TOU that apply generally to the use of the Web Store. You should also carefully review our Privacy Notice before placing an order through this Web Store.
PART I GENERAL TERMS AND CONDITIONS
1. No Monetary Value
You acknowledge and understand that Digital Product has no monetary value and can only be used in the video game known as “EA Sports FC Mobile” (the “Game”) published by Electronic Arts Inc. ("EA"), may not be transferred to another person or redeemed for fiat currencies or other things of monetary value, or means of legal tender.
2. Sale Conditions
In respect of your purchases, you confirm that: (i) you are purchasing the Digital Product for your own exclusive and personal consumption; (ii) you shall have no right to rent, lease, lend, sell, redistribute or sublicense the Digital Product you acquire on this Web Store; and (iii) you at all times comply with all applicable laws, rules, regulations and terms and restrictions placed by Coda and/or EA in your purchase and use of the Digital Product.
3. EA Account
In order to make transactions or access certain reward schemes, promotions, features or services at the Web Store, we may require you to use your EA account registered for the Game. By logging in using your EA account, you confirm and agree 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 EA account, its password, and all activities that occur under your EA account. In the event of unauthorized access to your EA account at the Web Store, you must notify Coda immediately.
Coda reserves the right at its sole discretion to suspend or terminate your access or use of the Web Store using the EA account at any time if:
(a) you attempt to engage in, or indirectly engage in any conduct prohibited under the Web Store Terms;
(b) you breach any clause of the Web Store Terms and, if the breach may be remedied; you fail to do so within thirty (30) days from receiving notice from Coda specifying such breach;
(c) Coda is required to do so by any regulatory authority or law enforcement body;
(d) you have provided us with false or inaccurate information and have failed to provide us with the true or correct information within fifteen (15) days from receiving written notice from Coda requesting such information; or
(e) Coda has determined that the security of your EA Account has been compromised, or your account has been accessed in an unauthorised manner, and you fail to take action within five (5) days from receiving written notice from Coda specifying the required corrective action.
You are solely responsible for verifying and confirming your EA account or any other required information entered during the transaction or when accessing certain reward schemes, promotions, features or services at the Web Store is complete and accurate. By proceeding, you acknowledge that Coda is not liable for errors or refunds due to incorrect EA account details or any other information entered by you.
4. Product Description and Delivery
We take every effort to ensure that the product descriptions on the Web Store are as accurate as possible. However, to the extent permitted by applicable law, we do not warrant that such product descriptions are complete or correct.
We do not develop or publish Digital Products offered on the Web Store. EA is the publisher of Digital Products. Accordingly, your use of the Digital Product is subject to the User Agreement applicable to the Game found here. EA is solely responsible for delivery of the Digital Product to you.
You understand that while you may “purchase” the Digital Product offered on the Web Store, you do not in fact own or have any intellectual property rights in the Digital Product obtained through the Web Store. Rather, you purchase limited rights to access and use the Digital Product for your exclusive personal consumption. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Digital Product.
5. Prices and Payment Terms
All prices, discounts, and promotions posted on this Web Store are subject to change without notice.
To make a purchase on the Web Store, 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 recognized by our payment partners.
You are solely liable for the use of your selected payment instruments in connection with the purchase on this Web Store, and Coda shall have no liability to you or to any third party for any unauthorized use of your payment instruments.
You represent and warrant that (i) the payment information you provide to us is true, correct, and complete, (ii) you are duly authorized to use the chosen payment instrument for the purchase, (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, duties, currency exchange fees, data charges, and related charges, if any.
If you use a bank transfer as a method of payment, any bank details that you provide will be collected directly by our payment partners. Coda does not collect, store, or process your bank account information. For information on how we process other payment data that you may provide in the course of making a purchase, please refer to our Privacy Notice.
We reserve the right to reject or decline any transaction for any reason or set limits on transaction types and/or amounts.
6. Disputes and Errors
Disputes: Please contact us if you did not receive the Digital Product, if you believe you have been charged in error or if you have experienced any payment-related issues.
You must not make any false or misleading statements when submitting your complaint, or during the subsequent investigation of a dispute. We will investigate all disputes that are filed with us and will make reasonable efforts to resolve them. However, the ultimate resolution of such disputes shall be at Coda’ sole discretion.
If you have any questions or complaints about the Game or usage of the Digital Product in the Game, please contact EA here.
Error handling: As part of or separate from the dispute handling process, we may determine that a mistake has been made. 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 that you have been undercharged, we may collect a payment from you to rectify the mistake accordingly.
Refunds: You acknowledge and understand that all purchases successfully made on the Web Store are final and non-cancellable. No returns will be accepted, and no refunds will be issued unless expressly specified otherwise in these Terms and Conditions. In the event that a refund is made to you after dispute and/or error handling investigation, your payment instrument will be credited in accordance with the terms and time frame set by your bank or payment service provider.
7. Miscellaneous
Limitation of Liability. WITHOUT LIMITATION OF THE TOU, TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL EA OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES (THE “EA PARTIES”) BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEB STORE OR THE DIGITAL PRODUCTS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ANY EA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ANY OF THE EA PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) HEREUNDER EXCEED THE ACTUAL PRICE PAID BY YOU FOR THE DIGITAL PRODUCT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Release; Waiver. To the greatest extent permitted by the applicable laws and regulations, you hereby agree to release and hold harmless the EA Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Web Store and the Digital Products, whether under a theory of contract, tort (including negligence), warranty or other theory. In no event shall you, and you hereby irrevocably waive, any right to sue the EA Parties or to seek or obtain injunctive or other equitable relief in connection with the Web Store and any Digital Product.
Severability. Without limitation of the TOU, if any part, term or provision of these Terms and Conditions is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if these Terms and Conditions did not contain the particular part, term or provisions held to be illegal or invalid.
Part II ADDITIONAL TERMS AND CONDITIONS – COUNTRY SPECIFIC
AUSTRALIA
1. Scope of Application
If you are residing in or located in Australia, these provisions ("Australia Provisions") shall govern your purchase of Digital Product in addition to Part I (General Terms and Conditions) above, unless otherwise specified otherwise. In the event of any conflict between these Australia Provisions and Part I (General Terms and Conditions) or Web Store Terms, these Australia Provisions shall control to the extent necessary to resolve the conflict.
2. Provider of Digital Product
You understand and accept that the Digital Product is being sold to you by Coda Australia Technology Services Pty. Ltd. (“Coda Australia”), and that the Terms and Conditions are hereby entered into and agreed upon between you and Coda Australia. Coda Australia may be reached by users in Australia through https://fc-mobile-au-support-codapayments.zendesk.com/.
3. Warranties under Australian Consumer Law (ACL)
The Digital Product comes with guarantees that cannot be excluded under the Australian Consumer Law, and therefore, Section 10 of the TOU and Section 6 (Refunds) and 7 (Release; Waiver) of these Terms and Conditions do not apply to you. To the extent applicable to Digital Products, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
4. Digital Product Compliance
You acknowledge and understand that any Digital Products made available for sale on the Web Store do not constitute "financial products" as defined under the Corporations Act 2001 (Cth), and therefore do not fall under the provisions applicable to such products.
5. Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by and construed according to the laws of Australia without regard to its conflicts-of-law provisions. We shall endeavor to amicably resolve any disputes that arise out of or in connection with these Terms and Conditions (including any question regarding its existence, validity, or termination), but in the event that such efforts shall fail, such disputes may be referred to the Courts of the State of Victoria, to the exclusion of all courts in any other venue.
CANADA
1. Scope of Application
If you are residing in or located in Canada, these provisions ("Canada Provisions") shall govern your purchase of Digital Product in addition to Part I (General Terms and Conditions) above, unless otherwise specified otherwise. In the event of any conflict between these Canada Provisions and Part I (General Terms and Conditions) or Web Store Terms, these Canada Provisions shall control to the extent necessary to resolve the conflict.
2. Provider of Digital Product
You understand and accept that the Digital Product is being sold to you by Coda Canada Corporation, having its registered address at having its registered address at 1308 Kelowna Cr SW, Calgary, AB, T2V 2L8 (“Coda Canada”), and that the Terms and Conditions are hereby entered into and agreed upon between you and Coda Canada. Coda Canada may be reached by users in Canada through https://fc-mobile-ca-support-codapayments.zendesk.com/hc/en-us.
MALAYSIA
1. Scope of Application
If you are residing in or located in Malaysia, these provisions ("Malaysia Provisions") shall govern your purchase of Digital Product in addition to Part I (General Terms and Conditions) above, unless otherwise specified otherwise. In the event of any conflict between these Malaysia Provisions and Part I (General Terms and Conditions) or Web Store Terms, these Malaysia Provisions shall control to the extent necessary to resolve the conflict.
2. Provider of Digital Product
You understand and accept that the Digital Product is being sold to you by Aplikasi Coda Sdn. Bhd, having its registered address at Unit D-3A-4, Level 4, Block D, Setiawalk, Persiaran Wawasan, Pusat Bandar Puchong, 47160 Puchong, Selangor Darul Ehsan, Malaysia (“Coda Malaysia”), and that the Terms and Conditions are hereby entered into and agreed upon between you and Coda Malaysia. Coda Malaysia may be reached by users in Malaysia through https://fc-mobile-my-support-codapayments.zendesk.com/.
3. Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by and construed according to the laws of Malaysia, without regard to its conflicts-of-law provisions. We shall endeavour to amicably resolve any disputes that arise out of or in connection with these Terms and Conditions (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 Asian International Arbitration Centre (“AIAC”) under the Arbitration Rules of the AIAC for the time being in force, which rules are deemed to be incorporated by reference into this section. The seat of arbitration shall be Kuala Lumpur, 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.
NEW ZEALAND
1. Scope of Application
If you are residing in or located in New Zealand, these provisions ("New Zealand Provisions") shall govern your purchase of Digital Product in addition to Part I (General Terms and Conditions) above, unless otherwise specified otherwise. In the event of any conflict between these Hong Kong Provisions and Part I (General Terms and Conditions) or Web Store Terms, these New Zealand Provisions shall control to the extent necessary to resolve the conflict.
2. Provider of Digital Product
You understand and accept that the Digital Product is being sold to you by Coda Singapore, having its registered address at 21 Tanjong Pagar Road, #03-01/02 Singapore 088444 and that the Terms and Conditions are hereby entered into and agreed upon between you and Coda Singapore. Coda Singapore may be reached by users in New Zealand through https://fc-mobile-nz-support-codapayments.zendesk.com/.
3. Governing Law and Dispute Resolution
The CGA provides for certain guarantees that cannot be waived, giving consumers the right of redress for faulty goods. Therefore, Section 10 of TOU and Section 6 (Refunds) and 7 (Release; Waiver) of these Terms and Conditions do not apply to you. To the extent applicable to Digital Products, If the Digital Product you have purchased are faulty to the extent that they cannot be used in the way they were intended, without your fault or negligence, please contact our Customer Support team, so that we may assist in investigating your concern and process a remedy for you if your claim is valid.
4. Refund/Withdrawal/Cancellation
Unless otherwise stated, when we provide you with Digital Product, the transaction is instantaneous due to the nature of such Digital Products, such that a deduction is immediately made through your chosen Payment Channel, and the Digital Product shall instantly credited to you through the Publishers’ respective platforms or delivered to you within a short period of time after the successful completion of your purchase. Hence, once you have made your purchase, it cannot be withdrawn, canceled, refunded, or replaced solely at will or because you have changed your mind or you have decided that you do not like what you have purchased. However, this does not prevent you from raising valid disputes or errors according to the procedures outlined in Section 6 of these Terms and Conditions, or from raising valid claims in accordance with the Consumer Guarantees Act (CGA) under the immediately succeeding section.
5. Use of Web Store and Purchase of Digital Product by Children Under 18
The use of Web Store and purchase of Digital Product are not directed to persons under the age of eighteen (18) in New Zealand and may not be used by them without the permission and consent of their parent or guardian.
HONG KONG
1. Scope of Application
If you are residing in or located in Hong Kong, these provisions ("Hong Kong Provisions") shall govern your purchase of Digital Product in addition to Part I (General Terms and Conditions) above, unless otherwise specified otherwise. In the event of any conflict between these Hong Kong Provisions and Part I (General Terms and Conditions) or Web Store Terms, these Hong Kong Provisions shall control to the extent necessary to resolve the conflict.
2. Provider of Digital Product
You understand and accept that the Digital Product is being sold to you by Coda Singapore, having its registered address at 21 Tanjong Pagar Road, #03-01/02 Singapore 088444 and that the Terms and Conditions are hereby entered into and agreed upon between you and Coda Singapore. Coda Singapore may be reached by users in Hong Kong through https://fc-mobile-hk-support-codapayments.zendesk.com/hc/.
INDONESIA
1. Scope of Application
If you are residing in or located in Indonesia, these provisions (the “Indonesia Provisions”) shall govern your purchase of Digital Product in addition to Part I (General Terms and Conditions) above, unless otherwise specified otherwise. In the event of any conflict between these Indonesia Provisions and Part I (General Terms and Conditions) or Web Store Terms, these Indonesia Provisions shall control to the extent necessary to resolve the conflict.
2. Provider of Digital Product
You understand and accept that the Digital Product is being sold to you by PT Coda Indonesia, having its registered address at Sopo Del Tower Lt. 22, Jalan Mega Kuningan Barat III Lot 10.1-6, Jakarta Selatan 12950, Indonesia (“Coda Indonesia”), and that the Terms are hereby entered into and agreed upon between you and Coda Indonesia. Coda Indonesia may be reached by users in Indonesia through https://fc-mobile-id-support-codapayments.zendesk.com/.
3. Use of Web Store and Purchase of Digital Product by Persons Under 21.
The use of Web Store and purchases of Digital Product are not directed to persons under the age of twenty one (21) in Indonesia, are not married or under guardianship (“minors”) and may not be used by such minors without the permission and consent of their parent or lawful guardian. You hereby waive every right under the applicable law to cancel or revoke any and all consents that you have been given based on these Terms and Conditions when you are considered as an adult under the applicable law.
4. Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by and construed according to the laws of the Republic of Indonesia without regard to its conflicts-of-law provisions. We shall endeavor to amicably resolve any disputes that arise out of or in connection with these Terms and Conditions (including any question regarding its existence, validity, or termination), but in the event that such efforts shall fail, such disputes shall be referred to the jurisdiction of the District Court of Jakarta Selatan, to the exclusion of all courts in any other venue, except for complaints filed by users classified under the law as consumers, who may file such complaints with the court with jurisdiction over their domicile.
PHILIPPINES
1. Scope of Application
If you are residing in or located in the Philippines, these provisions ("Philippines Provisions") shall govern your purchase of Digital Product in addition to Part I (General Terms and Conditions) above, unless otherwise specified otherwise. In the event of any conflict between these Philippines Provisions and Part I (General Terms and Conditions) or Web Store Terms, these Philippines Provisions shall control to the extent necessary to resolve the conflict.
2. Provider of Digital Product
You understand and accept that the Digital Product is being sold to you by Coda Payments Philippines Inc. having its registered address at 6th Floor, One Ayala Avenue Corporate Center, East Tower, Ayala Avenue corner EDSA, Barangay San Lorenzo, Makati City, Philippines (“Coda Philippines”), and that the Terms and Conditions are hereby entered into and agreed upon between you and Coda Philippines. Coda Philippines may be reached by users in the Philippines through https://fc-mobile-ph-support-codapayments.zendesk.com/.
3. Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by and construed according to the laws of the Republic of the Philippines, without regard to its conflicts-of-law provisions. We shall endeavour to amicably resolve any disputes that arise out of or in connection with these Terms and Conditions (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 Philippines Dispute Resolution Center Inc. (“PDRCI”) under the Arbitration Rules of the PDRCI for the time being in force, which rules are deemed to be incorporated by reference into this section. The seat of arbitration shall be Makati City, the Philippines, 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.
TAIWAN
1. Scope of Application
If you are residing in or located in Taiwan, these provisions ("Taiwan Provisions") shall govern your purchase of Digital Product in addition to Part I (General Terms and Conditions) above, unless otherwise specified otherwise. In the event of any conflict between these Taiwan Provisions and Part I (General Terms and Conditions) or Web Store Terms, these Taiwan Provisions shall control to the extent necessary to resolve the conflict.
2. Provider of Digital Product
You understand and accept that the Digital Product is being sold to you by Coda Singapore, having its registered address at 21 Tanjong Pagar Road, #03-01/02 Singapore 088444 and that the Terms and Conditions are hereby entered into and agreed upon between you and Coda Singapore. Coda Singapore may be reached by users in Taiwan through https://fc-mobile-tw-support-codapayments.zendesk.com/.
3. Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of Taiwan, without regard to its conflicts-of-law provisions. We shall endeavour to amicably resolve any disputes arising out of or in connection with these Terms and Conditions (including any questions regarding their existence, validity, or termination). If such efforts fail, the parties agree that the Taipei District Court in Taiwan shall have jurisdiction to resolve the dispute.
THE UNITED STATES OF AMERICA
1. Scope of Application
If you are residing in or located in the United States, these provisions ("US Provisions") shall govern your purchase of the Digital Product in addition to Part I (General Terms and Conditions) above, unless specified otherwise. In the event of any conflict between these US Provisions and Part I (General Terms and Conditions) or TOU, these US Provisions shall control to the extent necessary to resolve the conflict.
2. Provider of Digital Product
You understand and accept that the Digital Product is being sold to you by Coda US LLC, a Delaware corporation, with a principal place of business at 10866 Washington Boulevard #1268 Culver City, California, USA 90232 (“Coda US”), and that the Terms and Conditions are hereby entered into and agreed upon between you and Coda US. Coda US may be reached by users in the United States through https://fc-mobile-us-support-codapayments.zendesk.com/.
3. Governing law and dispute resolution
These Terms and Conditions (and Terms of Use incorporated herein by reference) shall be governed by and construed according to the laws of the State of California without regard to its conflicts-of-law provisions. We shall endeavour to amicably resolve any disputes that arise out of or in connection with these Terms and Conditions (including any question regarding its existence, validity or termination), but in the event that such efforts shall fail, subject to Section 4 of these US Provisions, either party may pursue any remedies available to it at law or in equity. You and Coda US submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles County, California for resolution of any lawsuit or court proceeding permitted under these Terms.
4. Arbitration
(a) Generally. In the interest of resolving disputes between you and Coda US in the most expedient and cost effective manner, and except as described herein, you agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CODA US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
(b) Exceptions. Despite the provisions of Section 4 (a), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (1) bring an individual action in small claims court; (2) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (3) seek injunctive relief in a court of law in aid of arbitration; or (4) to file suit in a court of law to address an intellectual property infringement claim.
(c) Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 4 within 30 days after the date that you agree to these Terms by sending a letter to Coda US LLC, Attention: Legal Department – Arbitration Opt-Out, 10866 Washington Boulevard #1268 Culver City, California, USA 90232 that specifies: your full legal name, email address, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once we receive your Opt-Out Notice, this Section 4 will be void and any action arising out of these Terms will be resolved as set forth in Section 3. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
(d) Arbitrator. Any arbitration between you and Coda US will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Coda US. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
(e) Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Coda US’s address for notice is: Coda US LLC, 10866 Washington Boulevard #1268 Culver City, California, USA 90232. The Notice of Arbitration must: (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Coda US may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Coda US must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Coda US in settlement of the dispute prior to the award, Coda US will pay you the higher of: the amount awarded by the arbitrator and US$10,000.
(f) Fees. If you commence arbitration in accordance with these Terms, Coda will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California, but if the claim is for US $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(g) No Class Actions. YOU AND CODA US AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Coda US agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
(h) Mass Arbitration. If 25 or more Demands for arbitration are filed relating to the same or similar subject matter, and counsel for the parties submitting the Demands is the same or coordinated, you and Coda US agree that this will constitute a “Mass Arbitration” under AAA Rules.
(i) Modifications to this Arbitration Provision. If we make any future change to this arbitration provision in Section 4, other than a change to Coda US’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Coda US’s address for Notice of Arbitration, in which case this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
(j) Enforceability. If Section 4 (a) or the entirety of this Section 4 is found to be unenforceable, or if we receive an Opt-Out Notice from you, then the entirety of this Section 4 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 3 will govern any action arising out of or related to these Terms.
5. Notice to California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the services offered on this Web Store or to receive further information regarding the use of the services.
6. Transactional Limits
Your purchases may be subject to certain financial or transactional limits. Specifically, you may not acquire Digital Products in excess of $2,000 maximum value per electronic device or vehicle (card, code, electronic serial number, mobile identification number, or personal identification number) on any single day. In addition, in no event will Coda US sell Digital Products with a combined total value greater than $10,000 to any one person on any single day.
7. Export
You represent and warrant that you are not located in a country or territory that is subject to economic sanctions or trade embargoes imposed by the U.S. Government (including Cuba, Iran, North Korea, Syria, and Crimea), that you are not listed or identified in any U.S. Government list of sanctioned parties, and that you will comply fully with all relevant export laws and regulations of the United States and other international trade laws applicable to your use of the Web Store.
SINGAPORE
1. Scope of Application
If you are residing in or located in Singapore, these provisions ("Singapore Provisions") shall govern your purchase of Digital Product in addition to Part I (General Terms and Conditions) above, unless otherwise specified otherwise. In the event of any conflict between these Singapore Provisions and Part I (General Terms and Conditions) or Web Store Terms, these Singapore Provisions shall control to the extent necessary to resolve the conflict.
2. Provider of Digital Product
You understand and accept that the Digital Product is being sold to you by Coda Singapore, having its registered address at 21 Tanjong Pagar Road, #03-01/02 Singapore 088444 and that the Terms and Conditions are hereby entered into and agreed upon between you and Coda Singapore. Coda Singapore may be reached by users in Singapore through https://fc-mobile-sg-support-codapayments.zendesk.com/hc/.
THAILAND
1. Scope of Application
If you are residing in or located in Thailand, these provisions ("Thailand Provisions") shall govern your purchase of Digital Product in addition to Part I (General Terms and Conditions) above, unless otherwise specified otherwise. In the event of any conflict between these Thailand Provisions and Part I (General Terms and Conditions) or Web Store Terms, these Thailand Provisions shall control to the extent necessary to resolve the conflict.
2. Provider of Digital Product
You understand and accept that the Digital Product is being sold to you by Coda Payments (Thailand) Limited, having its registered address at having its registered address at No. 1778 Summer Hub Office Building, 3rd Floor, Unit 304 , Sukhumvit Road, Phra Khanong, Klongtoey, Bangkok 10110 (“Coda Thailand”), and that the Terms and Conditions are hereby entered into and agreed upon between you and Coda Thailand. Coda Thailand may be reached by users in Thailand through https://fc-mobile-th-support-codapayments.zendesk.com/hc/.
3. Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by and construed according to the laws of Thailand without regard to its conflicts-of-law provisions. We shall endeavor to amicably resolve any disputes that arise out of or in connection with these Terms and Conditions (including any question regarding its existence, validity, or termination), but in the event that such efforts shall fail, such disputes may be referred to the Courts of Thailand, to the exclusion of all courts in any other venue.
CAMBODIA
1. Scope of Application
If you are residing in or located in Cambodia, these provisions ("Cambodia Provisions") shall govern your purchase of Digital Product in addition to Part I (General Terms and Conditions) above, unless otherwise specified otherwise. In the event of any conflict between these Cambodia Provisions and Part I (General Terms and Conditions) or Web Store Terms, these Cambodia Provisions shall control to the extent necessary to resolve the conflict.
2. Provider of Digital Product
You understand and accept that the Digital Product is being sold to you by Coda Singapore having its registered address at 21 Tanjong Pagar Road, #03-01/02 Singapore 088444, and that the Terms and Conditions are hereby entered into and agreed upon between you and Coda Singapore. Coda Singapore may be reached by users in Cambodia through https://fc-mobile-kh-support-codapayments.zendesk.com/hc/.
TURKEY
UAE
