CALL OF DUTY: MOBILE WEB STORE TERMS AND CONDITIONS OF SALE

Last Updated: January 10, 2024

BY CLICKING “BUY NOW”, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND YOU AGREE TO BE BOUND BY, THE FOLLOWING CALL OF DUTY: MOBILE WEB STORE TERMS AND CONDITIONS OF SALE (THESE “TERMS AND CONDITIONS” OR THESE “TERMS”), IN ADDITION TO THE CALL OF DUTY: MOBILE WEB STORE TERMS OF USE (the “TOU” or “TERMS OF USE”)  AND THE PRIVACY POLICY, 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 IN THE OFFICIAL CALL OF DUTY: MOBILE WEB STORE (THE “WEB STORE”) ARE BEING SOLD TO YOU BY CODA PAYMENTS AND THESE TERMS FORM A CONTRACT BETWEEN YOU, ON THE ONE HAND, AND CODA PAYMENTS, 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 Policy 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, can only be used in the video game known as “Call of Duty: Mobile” (the “Game”) published by Activision, 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 Payments and/or Activision in your purchase and use of the Digital Product. 

3. 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. Activision is the publisher of Digital Products. Accordingly, your use of the Digital Product is subject to the Software License and Service Agreement applicable to the Game found here. Activision 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.

4. 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 Payments 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 Payments 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 Policy

We reserve the right to reject or decline any transaction for any reason or set limits on transaction types and/or amounts.

5. 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 Payments’ sole discretion.

If you have any questions or complaints about Call of Duty: Mobile or usage of the Digital Product in Call of Duty: Mobile, please contact Activision 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.

6. Miscellaneous

Limitation of Liability. WITHOUT LIMITATION OF THE TOU, TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ACTIVISION OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES (THE “ACTIVISION 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 ACTIVISION 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 ACTIVISION 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 Activision 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 Activision 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 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 did not contain the particular part, term or provisions held to be illegal or invalid.

Part II ADDITIONAL TERMS AND CONDITIONS – COUNTRY SPECIFIC

European Union (EU)/European Economic Area (EEA)/Switzerland/United Kingdom (UK)‍

7.   Scope of Application 

Unless otherwise specified, if you are residing in or located in the EU/EEA, Switzerland, or UK, these provisions (the “EU Provisions”) shall govern your purchase of Digital Product in addition to Part I (General Terms and Conditions) above. In the event of any conflict between these EU Provisions and Part I (General Terms and Conditions) or Terms of Use, these EU Provisions shall control to the extent necessary to resolve the conflict.

8.    Provider of Digital Product 

You understand and accept that the Digital Product is being sold to you by Coda Netherlands Holdings B.V., having its registered address at Strawinskylaan 411, WTC, Tower A, 4th Floor, 1077XX Amsterdam and VAT number 862518866 (“Coda Netherlands”), and that the Terms and Conditions are hereby entered into and agreed upon between you and Coda Netherlands. Coda Netherlands may be reached by email at support.codm.eu@codapayments.com.

9.    Prices

All prices offered on the Web Store are inclusive of VAT at the applicable rate and any other taxes and additional charges.

10.    Conformity

Coda Netherlands guarantees that the Digital Product complies with the description provided on the relevant Web Store’s product page, with the reasonable requirements of reliability and/or usability and with the applicable laws that exist on the date on which the purchase transaction is made. Coda Netherlands shall have no obligation or liability in respect of any defect or non-conformity discovered after the redemption or activation of the Digital Product as specified above.

11.    Statutory Right of Withdrawal

You have a statutory right under EU/EEA or UK regulations to withdraw from certain contracts in respect of the purchase of the Digital Product. Please refer to this page for more information about the extent of your statutory right and how you may exercise it.

12.    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 Netherlands without regard to its conflict-of-law provisions. We will 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 fail, such disputes will be finally resolved by the Amsterdam District Court following proceedings in English before the Chamber of International Commercial Matters (“Netherlands Commercial Court” or “NCC District Court”), to the exclusion of the jurisdiction of any other courts. An action for interim measures, including protective measures, available under Dutch law may be brought in the NCC’s court in Summary Proceedings (CSP) in proceedings in English. Any appeals against NCC or CSP judgments will be submitted to the Amsterdam Court of Appeal’s Chamber for International Commercial Matters (“Netherlands Commercial Court of Appeal” or “NCCA”). The NCC Rules of Procedure apply.

We are obligated by applicable regulations to provide a link to the European Commission’s online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. However, Coda Netherlands is neither obligated nor willing to participate in dispute settlement procedures before a consumer arbitration board.

13.    Binding and enforceable

You understand and accept that these Terms and Conditions constitute a binding and enforceable contract between you and Coda Netherlands, and that the rights and obligations set out in these Terms and Conditions shall be effective between you and Coda Netherlands when you signify your acceptance.

Language. You may access a copy of the Terms of Use, Terms and Conditions, including the EU Provisions as applicable to your country, in both English and the respective local languages below. 

French:

‍Terms of Use

Terms and Conditions‍

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