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TERMS OF SERVICE

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This website/widget/API/web/mobile Application (“Platform”) is owned and operated by Poko Inc. under its brand name “Poko” (“Company”/”We”/”Us”/”Our”) having its registered office at 1309 BAYLISS DR, Alexandria, VA, US 22302.

Any user of the Platform shall be termed as the “Customer”, any reference to “You”, “Your”, “Yourself” shall hereinafter refer to the Customer.

These Terms of Service (“Terms”) constitute a legally binding agreement between You and Us. These Terms govern Your access and use of the Platform.

Please use the Services provided by the Platform only if You agree to these Terms. If You do not agree with the Terms, You may not use the services provided. Your usage or access to the Services provided by the Platform shall be deemed to be implied consent on Your part to comply with these Terms.

These Terms may be changed or updated from time to time. The Company reserves the right to modify, change or alter these Terms at their sole and exclusive discretion. We shall be posting the updated versions of these Terms on the Platform. You shall be solely responsible to review and update Yourself with the changed Terms. If You continue using the Services after the updated Terms have been posted, it would be construed as a deemed acceptance from Your part of the updated Terms.
Do note that we offer these services only in jurisdictions where such services are legal and applicable.

SERVICES

The Platform includes:

  1. Direct Checkout is our reseller game store in which we purchase game items expressed as NFTs or otherwise to resell to users

  2. An Onramp Aggregator that enables its End Users to be redirected to the services of various third parties that offer fiat-to-cryptocurrency onramping services (“Onramp Service Providers”).

    For our Onramp Aggregator, you acknowledge that We merely facilitate the transactions between Onramp Service Providers and End Users through Our Platform and offer no representations and warranties in this regard. We do not offer fiat-to-cryptocurrency conversion services or sell, deal, offer, transact in cryptocurrencies in any manner. We are not party to the transactions that take place between the Onramp Service Providers and the End Users. We are not liable for any disputes that You may have with the Onramp Service Providers. We do not take custody of End-User funds at any stage.

    We do not provide customer support for the transactions between End Users and Onramp Service Providers including but not limited to evaluating the transactions for compliance with applicable laws, cancellations, refunds etc. All these terms shall be governed by the terms of use of individual Onramp Service Providers that You choose to use through the Platform.

  3. Poko Cards: This is our travel cooperative program where users are onboarded into our contractor community to prepay for travel, support each other in their travel goals and negotiate for better common purchasing rates and discounts with our suppliers (e.g. hotels/airlines).

ELIGIBILITY

You can use the Services offered on the Platform if:

  1. You are of Eighteen years of age and above and understand and freely consent to these Terms and other policies which are displayed on Our Platform.
  2. You acknowledge and agree that in using and accessing the Services, You shall always be in compliance with the applicable laws.
  3. You are not using the Services for any unlawful or illegal purpose.
  4. Usage of the Services offered on the Platform do not breach applicable laws in the jurisdiction where You are based.

INTELLECTUAL PROPERTY

You agree that the Services offered, the Platform, the software on which the Platform runs, the widgets, APIs, any information/content displayed on the Platform, the logos, brand name, brand marks of the Company are the sole and exclusive intellectual property of the Company.

You agree to not copy, modify, re-sell, reuse, license out, distribute or use the intellectual property of the Company in any unauthorized manner.

Any violation of this clause shall be considered to be a breach of these Terms and the Company is free to pursue any legal remedy it deems fit for the enforcement and protection of its rights.

You agree and acknowledge that these Terms only grant a limited, revocable, non-exclusive license to the End User to view, access and use the Services offered by the Platform.

ASSUMPTION OF RISK

You acknowledge and voluntary assume the following risks:

  1. The risk of carrying out transactions on blockchains and similar emerging technologies that may be susceptible to higher security and technical risks.
  2. The risks of converting Your fiat into cryptocurrency and/or cryptocurrency into fiat, and other risks specific to the digital asset space.
  3. The risk of an uncertain regulatory regime associated with digital currencies and related technologies, that is subject to change at any time.

USE OF SERVICES

Your Use of Services shall be strictly in accordance with the guidelines/conditions laid down below:

  1. You shall not use the Services or access the Platform for any illegal or unlawful activity.
  2. You shall not use our services to evade UNSC, OFAC or EU sanctions.
  3. You shall not use the Services to whitewash funds acquired through money laundering or other illegal purposes.
  4. You shall be fully responsible for paying taxes and other fees and filing any related reports in your concerned jurisdiction.
  5. You shall provide accurate and up-to-date information during the registration process.
  6. You shall use the Services only for the purposes permitted under these Terms.
  7. You shall not modify, copy, reuse, re-sell or tamper in any possible manner, the information available on the Platform.
  8. You shall not employ unauthorized means to access the Service by circumventing the interface which has been provided by the Company. The Company reserves the right to prohibit any such activity.
  9. You shall not attempt to gain unauthorized access to any part of the Platform, which has not been made available by the Company to You, by using illegal cyber means.
  10. You shall not engage in any conduct which has the effect of damaging the reputation of the Company or its brand. You acknowledge and agree that if You do engage in disparaging or defamatory conduct which tarnishes the reputation of the Company or its brand, the Company reserves the right to pursue legal remedies against You.
  11. You shall not through any means or usage of any device, software or hardware, interrupt the normal functioning of the Platform.
  12. You give Your informed and free consent for Your personal information to be collected and processed by the Company. You understand that the Company shall use your personal information for the purposes of making the Platform available to You and for other legitimate purposes.
  13. You understand and agree that the Onramp Service Providers are third-parties and that the Company shall not be liable for any omission or unlawful conduct of any Onramp Service Provider.
  14. You understand and agree that the underlying custodians, brokers, processors etc (collectively, ‘Service Providers’) we may work with are third-parties and that the Company shall not be liable for any omission or unlawful conduct of any Service Providers.

REFUND POLICY

  1. Introduction

    Thank you for choosing to engage with our games. We value and appreciate your support. This Refund Policy governs the purchase of in-game items through our Direct Checkout store whether expressed as NFTs or otherwise.

  2. General Policy

    All purchases of in-game items and credits are FINAL and NON-REFUNDABLE. Once the items have been credited to your account or wallet address, they cannot be returned.

  3. Unauthorized Purchases

    In the event of an unauthorized purchase, or if you believe there was an error in billing, please contact our customer support immediately. We will investigate the matter, and decisions will be made on a case-by-case basis.

  4. Failed Delivery

    If you have made a purchase but did not receive the in-game item or credits, please contact our customer support with the relevant transaction details. We will work to ensure the items or credits are delivered to your account as soon as possible.

  5. Price Changes

    Prices of in-game items or credits are subject to change without prior notice. We do not offer price protection or refunds in the event of a price drop or promotional discount.

  6. Right to Change Refund Policy

    We reserve the right to modify or revise this Refund Policy at any time. Any changes will be immediately effective upon posting to our website or within our games. Continued use of our games after changes to this policy will indicate your acceptance of those changes.

  7. Contact Us

    If you have any questions or concerns about this Refund Policy or any purchase you have made, please contact our customer support at help@pokoapp.xyz.

FEES

  1. You agree to pay any applicable fees associated with the use of the Widget. These fees will be disclosed to you prior to completing the transaction.
  2. The Onramp Service Providers may charge a conversion fee for the Onramp services provided by them. The Company does not determine such conversion fee and shall not be held liable for any dispute arising from or associated with the levy of the conversion fee by the Onramp Service Provider. Any dispute, technical issues with the payment or refunds associated with the conversion fee shall directly be taken up by the Onramp Service Provider.

DISCLAIMER

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL USE THIS PLATFORM AT YOUR SOLE RISK. ALL SERVICES WHICH YOU ACCESS AND USE ARE SOLELY ON AN ‘AS-IS’ AND ‘AS-AVAILABLE’ BASIS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

The Company shall not be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of the Platform and/or the Services being offered on the Platform and/or for any other claim related in any way to Your use of the Service.

Further, the Company shall not be liable for any damages, losses, costs, expenses or any other liability arising out of or connected with:

  1. 1. Incorrectness of information displayed on the Platform.
  2. 2. any errors, bugs, hacks, breaches, viruses, worms, harmful software or (other) attacks aimed at the security of the Platform.
  3. 3. for any incorrect information provided by the Customer,
  4. 4. any incorrect performance of the Services,
  5. 5. For any act or omission, non-fulfilment of orders or any claims pertaining to the transactions related to the Onramp Service Providers.

In any case, the Company’s cumulative liability under these Terms shall not exceed USD 50,000.

TERMINATION AND SUSPENSION

At any time, We may block your access to the Platform and/or its Services, at Our sole discretion, if We reasonably suspect that You are using the Platform in breach of these Terms and/or in breach of applicable laws.

Either Party may terminate this agreement at any time.

In case of termination, all limitations of liability as well as all general provisions in this agreement will survive.

We may at any time, at Our sole discretion, choose to cease the operation of the Platform or part of the Platform, without giving any prior notice to You. You agree and acknowledge that the Company does not assume any responsibility nor liability with respect to, or in connection with the termination of the Service and/or loss of any data.

THIRD-PARTY LINKS

Our Platform may contain some third-party links. Such third-party links may lead You to a third-party website that is not affiliated to Us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SEVERABILITY

If any of these Terms become illegal, invalid or otherwise unenforceable, then that part of the Terms which has become so illegal, invalid or unenforceable shall be deemed to be severed from the rest of the Terms without affecting the validity or enforceability of the rest of the Terms.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company or any of its officers, representatives, employees or agents against any claims which may arise out of Your breach of any of these Terms and/or any breach of applicable laws.

DISPUTE RESOLUTION AND GOVERNING LAW

These Terms are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts at Singapore.

QUESTIONS AND GRIEVANCES

If you have any queries regarding these Terms, you may contact our customer service personnel at the following email address: legal@pokoapp.xyz. The Company does not ensure but, Our customer service personnel, shall try to the best of their capabilities to resolve Your issue within 30 working days of Your raising such an issue.