Terms of Service
This Terms of Service ("Agreement") is entered between WEMIX MENA LTD. ("Company", "we", "us", or "our") and you ("User" or “you”). The Company and the User are collectively referred to as the "Parties" and individually as a "Party." By accessing or using WEMIX PAY and any related services (collectively, the "Services" or “WEMIX PAY”), you acknowledge that you have read, understood, and unconditionally agree to be bound by all terms and conditions set forth in this Agreement, including our Privacy Policy and WEMIX PLAY Cookie Policy.
By entering into this Agreement, you expressly and irrevocably waive your right to a trial by jury and your right to participate in any class action lawsuit or any other collective legal action related to or arising from your use of the Services.
Article 1 (Purpose and Scope)
The purpose of this Agreement is to establish the legally binding terms and conditions governing your access to and use of WEMIX PAY and its related services. This Agreement defines the legal rights, responsibilities, and obligations of the Parties and aims to protect the legitimate interests of both the Company and the User while providing a clear framework for the use of our Services.
This Agreement applies to all individuals and entities who access or use WEMIX PAY, irrespective of their geographic location. It governs all interactions and transactions processed through WEMIX PAY, including but not limited to the use of our applications, websites, and any other digital platforms. By accessing or using the Services, you hereby irrevocably agree to be bound by this Agreement, as well as any additional terms and conditions that may apply to specific features or functionalities within WEMIX PAY.
Article 2 (General Provisions)
Your access to and use of the Services is expressly conditioned upon your acceptance of and strict compliance with this Agreement. This Agreement is legally binding on all visitors, users, and others who access or use the Services. By accessing or using the Services, you irrevocably agree to be bound by this Agreement in their entirety. If you do not unconditionally agree to any part of the terms and conditions, you must immediately cease using the Services.
You represent and warrant that you are at least 18 years of age or older (or the age of majority according to the laws of your jurisdiction) and have the capacity to enter into this Agreement. The Company strictly prohibits access to or use of the Services by individuals who do not meet the applicable legal age requirement. Your use of the Services constitutes your binding representation that you meet the legal age requirement.
The Company reserves the exclusive right, at its sole and absolute discretion, to modify, amend, or revise the terms of this Agreement at any time. Any such modifications, amendments, or revisions shall be effective immediately on the date specified as the effective date in the posted notice or update. It is your sole responsibility to review this Agreement periodically for any changes. Your continued access to or use of the Services after the specified effective date of any modifications, amendments, or revisions constitutes your conclusive and binding acceptance of the updated terms. Should you disagree with the modified terms, you must immediately discontinue your use of the Services, and your continued access will be terminated.
The Company may, at its discretion, provide certain disclosures, notices, and communications to you in written form. By agreeing to this Agreement, you expressly consent to receive such disclosures, notices, and communications electronically, unless a written form is specifically required by applicable law. These electronic communications shall have the same legal effect as written communications.
To facilitate this, all communications from the Company to you may be provided via electronic mail to the email address you provided, as well as through notices on our website, pop-ups, or other electronic means. The Company shall not be held liable for any harm, loss, or damage that you may suffer as a result of your failure to receive any notice or communication from us, provided that such notice or communication was sent to the email address you provided or made available through our website or other electronic means.
Your access to and use of the Services are conditioned upon your acceptance of and compliance with our Privacy Policy. The Privacy Policy outlines our legally binding procedures for collecting, verifying, using, disclosing, recording, and reporting your personal information, including your payment information. It also details your rights concerning privacy, the protections afforded under applicable law, and the Company's compliance with legal requirements and business risk management purposes.
We may require your information to fulfill our risk management or legal obligations.
You represent and warrant that all information provided to us or our third party is accurate and agree to promptly update any changes within fourteen (14) days. Failure to provide accurate information or update your account promptly may result in the suspension or termination of your access to the Services.
Article 3 (Service Use)
WEMIX PAY is a service provided by the Company, under which the Company grants and the Users accept, a license to access and use certain services, software, and game content (collectively, the “Digital Content”) for personal, non-commercial use. The scope of the Service is subject to change at the sole discretion of the Company. By entering into this Agreement, Users acknowledge and agree that the Company may modify, expand, or reduce the scope of the Service at any time, with or without prior notice, and that continued use of the Service constitutes acceptance of any such changes.
The Company is authorized by the third-party developers and publishers of games on WEMIX PLAY (collectively, “Game Providers”) to sublicense the Digital Content to Users.
The Company may provide Services by associating third-party payment service providers who accept various payment methods, including WEMIX Coins (collectively, “Payment Method”).
Users are required to review and agree to the terms and conditions, as well as the privacy policies, of the applicable third-party service providers before initiating any payment through WEMIX PAY. Failure to do so shall be deemed the sole responsibility of the User.
The Digital Content is licensed, not sold. Subject to the terms and conditions of this Agreement, we hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Digital Content solely in accordance with the terms set forth herein. References to terms such as "sell," "sale," "buy," or "purchase" in this Agreement solely pertains to the transfer of license rights to the Service as governed by these terms.
The Company or its affiliates facilitate transactions made through WEMIX PAY. However, we do not:
Act as an escrow agent for any User’s funds;
Serve as your agent, trustee, or fiduciary;
Provide support or maintenance for any digital content or services;
Verify or guarantee the identity of any User or Game Provider;
Establish a partnership, joint venture, agency, or employment relationship with you or the Game Provider;
Determine your tax obligations or liabilities; or
Collect or remit taxes arising from your use of our Services, except as explicitly stated in this Agreement.
Please refer to the WEMIX PAY guide for more information.
Your access to the Services may be contingent upon the creation of a User account on WEMIX PLAY. We reserve the right to impose limitations on your use of WEMIX PAY, such as transaction limits or access restrictions, to ensure the security and integrity of our platform.
You are required to maintain the confidentiality of all credentials associated with the Services, including, but not limited to passwords, private keys, and any other security information. You shall bear full responsibility for the management and security of any and all information related to such credentials. You expressly agree that the Company, its affiliates, and representatives shall not be held liable for any unauthorized access or any resultant harm, loss, or damage that may arise due to the unauthorized use or disclosure of your credentials.
Right to Refuse Service
The Company reserves the right, at its sole and absolute discretion, to refuse to provide WEMIX PAY for any transaction under the following circumstances:
If the transaction does not comply with the terms and conditions of this Agreement or any other relevant terms, rules, or policies established by its affiliates.
If the Company reasonably believes that the transaction may violate any applicable laws, regulations, or rules, or could expose the Company, its affiliates, or representatives to liability or legal obligations.
Limitations
The Company reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, including the hours of operation, the availability of the Services, or any specific features, without prior notice or liability. Notwithstanding any other provision of this Agreement, the Company reserves the right to modify, suspend, or discontinue WEMIX PAY, in whole or in part, at its sole discretion without prior notice and for any reason, provided such action does not violate this Agreement or other policies established by the Company. Upon termination of your use of the Services, you are solely responsible for fulfilling all payment obligations, completing transactions, and satisfying any other liabilities incurred under this Agreement.
The Company reserves the right to delay or decline to process any transactions it deems suspicious or that may involve fraud, misconduct, or violations of applicable law, third-party terms, or other policies, as determined at the Company’s sole and absolute discretion. The Company shall not be held liable for any failure to perform its obligations under this Agreement where such failure is due to legal or regulatory restrictions, government actions, or any other external circumstances beyond the Company’s control, including, but not limited to, force majeure, orders from domestic or foreign courts, sanctions, or restrictions on foreign exchange.
Verification and Confirmation
The Company is under no obligation to provide the Services where the payment information, such as bank account or wallet address designated by you to proceed with the transaction, has not been verified and confirmed by the Company or its affiliates. You hereby acknowledge and agree that the Company, its affiliates, and representatives shall have the sole and absolute discretion to process or transfer funds in accordance with the terms of this Agreement.
Payment Obligations
As a User engaging in transactions processed through WEMIX PAY, you are required to pay the full transaction price as indicated during the transaction process. Except where the Company or its affiliates are the issuer, neither the Company nor its affiliates are parties to the terms and conditions, privacy policies, or other terms governing your Payment Methods. Users are solely responsible for reviewing and understanding the terms and conditions of applicable third parties, including but not limited to the issuer of their credit card or other Payment Methods. The Company and its affiliates do not control the availability, accuracy, or functionality of Payment Methods or associated funds, except where they are directly involved in issuing the Payment Method. For any issues related to the foregoing, Users must directly contact the issuer of their Payment Method.
Payment Notification
You will receive an email notification regarding the contract formation and purchase details upon completing a transaction through WEMIX PAY, either from the Company or the respective third-party payment service provider.
Eligibility
Users may submit a request for a refund or cancellation of purchased Digital Content, as set forth in Article 3 Section 6.4. of this Agreement. The processing time for refunds or cancellations shall generally be between 3 to 7 business days but may vary depending on the Payment Method. (Please note that certain payment methods available through WEMIX PAY in your country may not support refunds being processed back to the original payment method.)
Users shall be eligible to apply for a refund only if all the following conditions are met:
The request is made within the refund period specified in the terms and conditions of the third-party payment service provider or Game Provider.
Unless otherwise stated in the Game Provider’s terms and conditions, the Digital Content subject to the refund request has not been used or otherwise tampered with (including but not limited to claiming from inboxes and unsealing).
The balance of any bonuses, rewards, or additional benefits granted in connection with the purchase must remain sufficient to cover the amount subject to reversal. If such bonuses, rewards, or benefits have been partially utilized, the refund will only be processed if the remaining balance, when combined with unused bonuses from other purchases, is adequate to fulfill the reversal requirement for the refunded item.
Ineligibility
Users shall not be entitled to request a refund or cancellation under any of the following circumstances:
The refund period specified in the terms and conditions of the third-party payment service provider or Game Provider has expired.
Unless otherwise stated in the Game Provider’s terms and conditions, the Digital Content subject to the refund request has been used, partially consumed, or otherwise altered, including but not limited to trading, exchanging, upgrading, destroying, or synthesizing the Digital Content in any form.
To prevent potential abuse or fraud, the balance of any bonuses, rewards, or additional benefits granted in connection with the purchase is insufficient to cover the amount subject to reversal.
The validity period of the acquired bonuses, rewards, or additional benefits granted in connection with the purchase has expired.
Transactions that are more than 365 days past the date of purchase.
Process
Refunds shall be processed only after the return of both the purchased Digital Content and the reversals of any bonuses, rewards, or additional benefits received with the purchase. Refunds shall be issued using the same Payment Method employed at the time of the original transaction, based on the amount paid at the time of purchase.
In the event of a refund request, any applicable refund processing fees will be charged to the User and shall be solely the User's responsibility. By requesting a refund, the User acknowledges and agrees to cover these costs in order to proceed with the refund.
Refunds shall be processed to the account or wallet address originally used at the time of the purchase. The method by which the refund is returned may vary depending on the Payment Method used during the original transaction.
Refund requests are governed by the specific refund policies established by the respective Game Provider or third-party payment service provider, except as otherwise specified in this Agreement.
Support
All requests for refunds and any other support services must be formally submitted through the third-party payment service provider or Game Provider in accordance with their terms and conditions. The Company shall not be liable for any failure to process refunds or provide support if requests are not submitted through the official support channels.
Information Accuracy Risk
You acknowledge and agree that the Company does not guarantee, or warrant the accuracy, authenticity, reliability, appropriateness, or completeness of any information or data provided through the Services, including, but not limited to, foreign exchange rates.
Information Use Risk
Any information or data obtained through the Services is used at your own risk and based on your independent judgment. The Company, its affiliates, and representatives shall not be held liable for any losses, damages, or consequences arising from your use of, or reliance on, any such information or data accessed through the Services.
Limitation of Liability
To the fullest extent permitted by applicable law, the Company, its affiliates, and its representatives shall not be held liable for any indirect, incidental, consequential, or special damages, or any loss of profits, revenue, data, or use, arising out of or in connection with your use of the Services, even if the Company has been advised of the possibility of such damages. Your sole and exclusive remedy for any dissatisfaction with the Services shall be the immediate cessation of all use of the Services.
Article 4 (Contractual Obligation)
The Company, its affiliates, and agents shall bear no liability for any aspect of the agreement between you and the applicable Game Provider. By purchasing Digital Content, you expressly acknowledge and agree to comply with the terms and conditions of this Agreement with the Company, as well as the legal agreements, terms, and conditions established by the Game Provider. All pricing and availability of Digital Content are exclusively determined by the Game Provider, and the Company disclaims any and all responsibility or liability in relation thereto.
Users shall provide all necessary notices, information, materials, approvals, and cooperation required for the Company’s provision of services. Any delay or cancellation of the Company’s services or transactions due to a User’s failure to fulfill these obligations shall not render the Company or its affiliates liable for any resulting loss or damage.
Users represent and warrant that:
They will utilize the Company’s services in good faith and in compliance with all applicable laws and regulations.
All information and materials provided in connection with the Company’s services are true, complete, lawful, and accurate, and are not false, misleading, or deceptive.
They will not use the Company’s services to defraud the Company, its affiliates, other Users, or any third party, nor engage in unlawful activities, including dealing in prohibited Digital Content.
Article 5 (Intellectual Property)
Unless expressly stated otherwise by the Company, all intellectual property rights and content provided in connection with the Services, including but not limited to WEMIX PAY, are the sole and exclusive property of the Company, its licensors, suppliers, or Game Providers, as applicable. These rights are protected under applicable intellectual property laws, international copyright treaties, and other relevant regulations. No rights or licenses to use the content of the Services are granted by implication, estoppel, or otherwise, except as expressly provided in this Agreement.
The Company grants and you accept, a limited, non-transferable, non-sublicensable, revocable, and non-exclusive license to access and use the Digital Content provided through the Services, strictly in accordance with the terms of this Agreement. This license is conditional upon your compliance with all applicable terms and conditions. Any violation of this Agreement may result in the immediate suspension or termination of the license.
You acknowledge and agree that all materials and content available through the Digital Content are provided solely for your personal, lawful, and non-commercial use. Commercial use is strictly prohibited unless expressly permitted under this Agreement or through a separate agreement entered into with the Company. You are permitted to use such materials and content only for the purpose of accessing and utilizing the Digital Content in accordance with the terms of this Agreement.
Any use of the content from the Services beyond the expressly permitted uses is strictly prohibited. You agree not to infringe, or permit others to infringe, on the Company’s intellectual property rights. You must retain all copyright and proprietary notices on any copies of the materials provided via the Services. Failure to do so shall not affect the Company’s intellectual property rights.
You are strictly prohibited from selling, modifying, reproducing, displaying, publicly performing, distributing, or otherwise using the materials derived from or created through the Services for any public or commercial purpose without prior written consent from the Company. The use of such materials on other websites, in file-sharing services, or any other digital or physical medium for any purpose is expressly forbidden. Copying any material or content from the Services without the Company’s explicit written permission constitutes a breach of this Agreement and may result in legal action.
All rights not expressly granted to you under this Agreement are fully reserved by the Company. The Company reserves the right to enforce its intellectual property rights to the fullest extent permitted by laws of the United Arab Emirates, including seeking injunctive relief and damages.
Article 6 (Disclaimers and Limitations)
All indemnities, warranties, and limitations of liability (whether express or implied) are excluded to the fullest extent permitted by law, except as otherwise provided herein. Nothing in this Agreement shall exclude or limit liability that cannot be excluded or limited under applicable law.
Some jurisdictions do not allow the exclusion of certain warranties or limitations on statutory rights. In such cases, the exclusions and limitations in Article 6 apply to the greatest extent permissible under applicable law.
WEMIX PAY is provided to you on an "AS IS" and "AS AVAILABLE" basis, with all faults and defects, and without any warranty of any kind. To the maximum extent permitted by applicable law, the Company, including its affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise. This includes but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties arising from the course of dealing or usage of trade.
The Company makes no warranty or representation that the Service will meet your requirements, operate uninterrupted, be error-free, or that any defects will be corrected. Furthermore, the Company disclaims any warranties regarding the accuracy, reliability, or availability of the Service, its content, or that it is free from harmful components such as viruses or malware.
To the maximum extent permitted by applicable law, neither the Company, its affiliates, service providers, nor any of their respective officers, directors, agents, employees, or representatives shall be liable for any lost profits, special, incidental, indirect, intangible, or consequential damages, regardless of the legal theory, whether in contract, tort (including negligence), strict liability, or otherwise, arising out of or in connection with the use or unauthorized use of the Services, or this Agreement, even if the Company has been advised of, knew of, or should have known of the possibility of such damages. This includes, without limitation, damages for lost profits, lost business opportunities, or other similar losses.
The Company shall not be liable for any damages resulting from:
Malfunction, unexpected function, or unintended function of any computer or cryptocurrency network, including but not limited to losses from network forks, replay attacks, double-spend attacks, Sybil attacks, 51% attacks, governance disputes, mining difficulty, changes in cryptography or consensus rules, hacking, or cybersecurity breaches;
Fluctuations in the value of any digital assets associated with the Services; or
Any change in law, regulation, or policy.
This limitation of liability applies regardless of whether other provisions of this Agreement have been breached or proven ineffective.
WEMIX PAY may include links to third-party websites or services that are not owned, operated, or controlled by the Company. The Company does not have any control over and does not assume any responsibility for the content, privacy policies, or practices of any third-party websites or services.
By using our WEMIX PAY, you acknowledge and agree that the Company shall not be held responsible or liable, whether directly or indirectly, for any damage or loss arising from or alleged to be caused by your use of or reliance on any content, products, or services available on or through any such third-party websites or services.
In using the Services, you may view content or services provided by third parties, including links to web pages and services of such parties (“Third-Party Content”). The Company does not control, endorse, or adopt any Third-Party Content and is not responsible for such content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable in your jurisdiction. Your dealings or correspondence with such third parties are solely between you and the third party. The Company is not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings, and your use of Third-Party Content is at your own risk. Users must review and agree to the terms and conditions, as well as the privacy policies, of any third-party websites or services that users access through WEMIX PAY.
You agree to indemnify and hold harmless the Company, its affiliates, subsidiaries, directors, managers, officers, employees, and other service providers from any and all claims, demands, actions, damages, losses, costs, or expenses, including reasonable legal fees, arising out of or relating to:
Your use of the Site or Services
Your breach of this User Agreement or any other policy
Your negligence, violation, or alleged violation of any applicable law or the rights of a third party
Feedback or submissions you provide
False, incomplete, or misleading information relied upon by the Company to verify your identity and source of funds, where applicable
Your violation of any rights of any other person, entity, or third party
However, this indemnity does not apply to claims or losses arising from the Company’s gross negligence or willful misconduct. This indemnity shall extend to your successors and assigns and shall survive any termination or cancellation of this Agreement.
By using the WEMIX PAY service, you acknowledge and agree that the services provided through WEMIX PAY do not constitute banking services. The WEMIX PAY service is not acting as a trustee, fiduciary, or escrow agent with respect to any User’s funds. Additionally, the Company has no control over, nor liability for, the Digital Content purchased through the WEMIX PAY service. The WEMIX PAY service does not guarantee the identity of any User, Game Provider, or the successful completion of any transaction on the Services that you choose to participate in.
Article 7 (Dispute Resolution)
This Agreement and any disputes arising out of or relating to it or the Services shall be governed by and construed in accordance with the laws of the Abu Dhabi Global Market (“ADGM”), without regard to its conflict of law principles.
The Company is not liable for any claims, disputes, or issues related to the Digital Content or your use of it. You acknowledge and agree that the Game Provider is solely responsible for addressing such claims, including but not limited to: (a) claims that the Digital Content fails to comply with applicable legal or regulatory requirements; and (b) claims arising under consumer protection or similar laws. In the event of any dispute, claim, or controversy arising from a purchase made or a license granted using WEMIX PAY, you agree to first attempt to resolve the matter directly with the Game Provider.
Most User concerns can be resolved by requesting dispute resolution through contact_wemixpay@wemix.com. In the event of any dispute, claim, or controversy arising out of or in connection with this Agreement or the Services, including but not limited to disputes related to any aspect of the relationship between the Parties, the Parties shall first attempt to resolve the matter amicably through good faith negotiations. Either Party may initiate these negotiations by providing written notice to the other party detailing the nature of the dispute.
In the event that disputes cannot be resolved in accordance with the foregoing provisions, the Parties hereby irrevocably agree to submit all claims, actions, or proceedings to final and binding arbitration at the ADGM Arbitration Centre, to be conducted in strict accordance with the then-current Arbitration Rules of ADGM. The arbitration shall have its seat and place in ADGM, and all proceedings shall be conducted exclusively in the English language. The arbitration shall be presided over by a single arbitrator, whose decision shall be final, conclusive, and binding upon the Parties.
Article 8 (Miscellaneous)
Neither party, including its affiliates or agents (“Indemnified Persons”), shall be liable for any failure or delay in performing obligations under this Agreement due to events beyond its reasonable control (“Force Majeure Events”), including but not limited to:
Natural disasters (e.g., fire, flood, acts of God)
War, terrorism, riots, or civil unrest
Infrastructure failures (e.g., Internet, telecommunications, power)
Labor disputes
Government actions, legal orders, or regulatory changes
Third-party non-performance due to similar causes
The affected party is excused from performance during the Force Majeure Event, provided it uses reasonable efforts to resume as soon as possible. Delays or non-performance due to a Force Majeure Event shall not constitute a breach of this Agreement, and no damages or losses shall be claimed.
The Company reserves the right to assign or transfer this Agreement, including all rights, titles, benefits, interests, obligations, and duties under it, to any of its affiliates or successors in interest. Additionally, the Company may delegate its rights and responsibilities under this Agreement to independent contractors or other third parties at its sole discretion. Users, however, are strictly prohibited from assigning or transferring this Agreement, in whole or in part, to any person or entity without the prior written consent of the Company.
You are solely responsible for determining and complying with any tax obligations that may arise from your use of the Services. This includes the responsibility to report and remit the appropriate taxes to the relevant tax authorities. The Company assumes no responsibility for determining the applicability of taxes to your use of the Services, nor for collecting, reporting, withholding, or remitting any taxes related to transactions involving digital assets.
If any provision of this Agreement is found to be unenforceable under applicable law, the validity and enforceability of the remaining provisions shall remain unaffected. Should any provision be deemed unenforceable, a court of competent jurisdiction may modify or reform the provision to the extent necessary to render it enforceable. The provisions of this Agreement shall be interpreted in a manner that upholds its legality and enforceability to the fullest extent possible.
In the event of any conflict between the provisions of this Agreement and the WEMIX PLAY Terms of Service, the provisions of this Agreement shall take precedence and govern.
This Agreement constitutes the complete and exclusive understanding between the Parties regarding its subject matter and supersedes all prior or contemporaneous oral or written agreements, representations, or announcements related thereto.
If you have any questions about this Agreement, you can contact us through contact_wemixpay@wemix.com.
Notification Date : December 12, 2024
Execution Date : December 19, 2024
Last updated