WAOCARD APP TERMS OF SERVICE
IMPORTANT – READ CAREFULLY. THESE TERMS OF SERVICE (“ToS”) ARE A LEGAL AGREEMENT BETWEEN YOU AND WAOCARD TECHNOLOGIES LTD. AND ITS AFFILIATES (COLLECTIVELY “WAOCARD”) FOR THE WAOCARD APP AND ANY RELEVANT SERVICE, SOFTWARE OR DOCUMENTATION THEREOF (COLLECTIVELY, THE “SERVICE”) PROVIDED BY WAOCARD, ITS AFFILIATES OR ITS THIRD-PARTY SUPPLIERS OR LICENSORS. BY AGREEING TO THESE ToS OR BY INSTALLING OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE ToS. IF YOU DO NOT AGREE TO THE ToS, THEN DO NOT INSTALL OR USE THE SERVICE.
SERVICE DESCRIPTION
WaoCard App is an application and related services intended for use with compatible NFC-enabled mobile devices or largely smartphones, wearable devices, and/or accessories (each, a “Device”) to use Cards, Loyalty Programs, or any other items or services provided through the WaoCard App (each, an “Item”).
YOUR ACCEPTANCE OF THESE ToS
The services and features provided by the Service or Update (defined below) thereto may vary or be limited depending on certain factors, including, without limitation, your country, location, Device, the credit or debit cards that you choose to use with the Service (each a “Card”), loyalty or membership cards and similar programs (each, a “Loyalty Program”), operating system, or network operator.
Persons under the age of majority in their resident jurisdictions (each, a "Minor") may not use the Service unless their parent or legal guardian has reviewed and agreed to these ToS. If You are a parent or guardian permitting a Minor to use the Service, You agree to (i) exercise supervision over the Minor's use of the Service; (ii) assume all risks associated with the Minor’s use of the Service, including the transmission of materials, content or other information to and from third parties via the Internet; (iii) assume all liabilities resulting from the Minor’s use of the Service, including applicable payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the Minor. UNDER NO CIRCUMSTANCES MAY MINORS UNDER THE AGE OF 10 (TEN) USE THE SERVICE.
You expressly acknowledge and agree that the use of the Service is at your sole risk and that the entire risk of unsatisfactory quality, performance, accuracy, and effort is with you. By using the Service you acknowledge and agree that WaoCard is not responsible for any related third-party products and/or services and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such third party service.
You will not use this Service for any illegal or fraudulent purposes, or purposes that are prohibited by these ToS. THE SERVICE IS NOT INTENDED FOR USE BY ANY PERSON OTHER THAN THE ITEM HOLDER AUTHORIZED TO USE THE ITEM PURSUANT TO THE AGREEMENT BETWEEN YOU AND THE PROVIDER THAT ISSUED YOU YOUR ITEM. IF YOU ARE NOT THE AUTHORIZED ITEM USER, YOU MAY NOT USE THE Service. BY USING THE Service, YOU INDICATE TO WAOCARD THAT YOU ARE THE AUTHORIZED ITEM HOLDER.
These ToS supplement the WaoCard Service Terms and Conditions (“Service Terms and Conditions”) that apply to registered User accounts with WaoCard (the “WaoCard Account”). You must have a WaoCard Account to use the Service. If You do not have a WaoCard Account yet, please read the Service Terms and Conditions provided at https://waocard.co and create a WaoCard Account before using the Service. The Service Terms and Conditions form an integral part of these ToS. In case of any inconsistency or conflict between the ToS and the Service Terms and Conditions, the terms of these ToS shall prevail. These ToS may be assigned to any of WaoCard’s group companies at any time.
From time to time WaoCard may offer features or services that may be subject to additional or different terms of service. You shall not use these additional features and services unless You agree to the applicable terms. WaoCard may also provide access to features or services that are identified as “beta,” “lite” or “pre-release.” You understand and agree that such services are still in development, may have bugs or errors, may be feature incomplete, may materially change prior to commercial launch, or may never be released commercially. Despite any other provisions of this ToS to the contrary, any use of or reliance on such beta features or services is done at Your own risk and is provided as is and without warranty of any kind.
1. Grant of License
Subject to the terms of these ToS, you are granted a limited, non-exclusive, non-transferable, personal, and revocable license to install, access, and use the Service.
2. Reservation of Rights and Ownership
This Service includes software and data provided by third parties. You acknowledge that the Service is proprietary to WaoCard and its licensors, and protected under applicable copyright and other intellectual property laws and treaties. These ToS and your use of the Service do not grant you any ownership interest in or to the Service, and you are granted only a limited, personal, non-exclusive, non-transferable license to use, that is revocable in accordance with the terms of these ToS. You may not use the Service to reproduce copyrighted materials, or materials you do not have the right or legal approval for reproduction.
3. Restrictions
Except to the extent that mandatory local law requires that you be able to do so, you may not (i) reverse engineer, decompile, disassemble, copy, or otherwise attempt to discover the source code or algorithms of the Service; (ii) modify or disable any features of the Service; (iii) duplicate and/or create derivative works based on the Service; (iv) rent, lease, lend, sublicense or provide commercial hosting services with the Service; (v) infringe our intellectual property rights or those of any third party in relation to your use of the Service (to the extent that such use is not licensed by these ToS); (vi) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these ToS, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system; (vii) use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (viii) collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; (xi) use the Service to harass, threaten or harm any other person and/or violate its privacy or its right to honor; or (x) modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or encourage or assist any other person to do any of the foregoing) the Service.
4. Update, Change or Suspension of the Service
WaoCard may, at any time, provide or make available updates or upgrades to the Service (“Updates”), including without limitation to bug fixes, service enhancements, new features, deletion of existing functions, or modification of the Service. However, You acknowledge and accept that WaoCard is not obliged to provide you with Updates and You agree that WaoCard shall not be liable to You or to any third party as a result of taking (or not taking) any of these actions. Updates will be governed by these ToS unless separate terms and conditions are provided with such Updates, in which case separate terms and conditions shall govern the Updates. Updates for security software critical bug fixes or other important Updates may be automatically downloaded and installed given the importance of receiving such Updates in a timely manner to help protect you and other users.
WAOCARD MAY MAKE CHANGES TO THESE ToS. IF WAOCARD MAKES CHANGES TO THESE ToS, WAOCARD WILL UPDATE SUCH REVISED ToS. WAOCARD MAY NOTIFY YOU BEFORE MAKING ANY MATERIAL CHANGES TO THESE ToS. YOU MAY STOP USING AND UNINSTALL THE SERVICE AT ANY TIME IF YOU DO NOT AGREE TO SUCH CHANGES, BUT YOU WILL BE DEEMED TO HAVE UNDERSTOOD AND ACCEPTED THEM BY CONTINUING TO USE THE SERVICE.
5. Third-party Services and Content
Third-party services and/or content may also be available to you through the Service. To the extent permitted by law, WaoCard disclaims any warranty, condition, or representation in respect of any third-party services or content in any aspects including, but not limited to, quality, accuracy, effectiveness, lack of viruses, non-infringement of third-party rights and compliance of any applicable laws or regulations. The use of third-party services and contents may be governed by such third-party provider’s terms of use, license agreement, privacy policy, or other such agreement. Third-party services and/or content of the Service may be subject to open source licenses, in which the terms of such open source licenses may precede the terms of these ToS with respect to that portion of the Service.
6. Collection and Use of Data
WaoCard and/or parties that are entrusted by WaoCard may collect and use information necessary to provide the Service and Updates, improve or enhance the Service. At all times your information will be treated in accordance with applicable law and WaoCard’s global Privacy Policy. In addition, your use of the Service will be subject to the WaoCard App Privacy Notice.
7. Data Access
Some features of the Service may require your Device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The Service may require access through your data network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the Service may be affected by the suitability and performance of your device hardware or data access. You expressly acknowledge and accept that WaoCard is not responsible for the availability and promptness of the data network and/or the data access.
8. Compliance with Law
You acknowledge and agree to comply with any and all applicable laws and regulations in using the Service including without limitation, all applicable export restriction laws and regulations.
9. Security
You must register either your fingerprint image or PIN or (if the feature is available) iris image to prevent others from accessing or using the Service on your Device. You agree to keep Your PIN confidential at all times, and to notify WaoCard immediately if Your PIN is stolen, becomes known to an unauthorized third party or is otherwise compromised. If you allow your Device to be used by a third party, you must ensure that you remove any Items from the Service. If You lose Your Device, then You can lock the Service application and wipe the data off the Service by requesting via any correspondence to WaoCard Technologies Ltd. to prevent the use of the Service by others.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS IF YOU ALLOW ANYONE (SUCH AS ANOTHER USER OR A MERCHANT) TO USE OR HANDLE YOUR DEVICE OR WAOCARD APP.
Use of the Service for Your wearable devices or accessories may require access to or pairing with Your mobile device, and obtaining updates or upgrades made available by WaoCard from time to time. You acknowledge and agree that: (i) Your wearable device or accessory may access Your mobile device anytime; (ii) certain data and information that you have supplied to WaoCard (including encrypted Item information), may be transferred to Your wearable device; and (iii) when deleting or resetting the Service application from Your wearable devices, certain Item information will be preserved in Your mobile device; (iv) deleting an Item from Your wearable device may not automatically delete such Item from the Service; (v) it is Your sole responsibility to apply a security function (e.g. pattern lock, pin number, etc.) to Your Device; and (vi) WaoCard is NOT liable for any losses or damages suffered by You due to Your lost, stolen or damaged Device.
10. Disclaimer of Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS”, “WHERE IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONTRACTUAL CONDITIONS OF ANY KIND FROM WAOCARD, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAOCARD AND ITS AGENTS, EMPLOYEES, LICENSORS, AND SUBCONTRACTORS DISCLAIM ALL REPRESENTATIONS WARRANTIES OR GUARANTEES, OR OTHER TERMS OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED OR STATUTORY, RELATING TO THE SERVICE, AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WAOCARD OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY WAOCARD OF WARRANTY REGARDING THE SERVICE OR TO CREATE ANY WARRANTY OF ANY SORT FROM WAOCARD.
WITHOUT LIMITING THE PREVIOUS DISCLAIMER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAOCARD AND ITS AGENTS, EMPLOYEES, LICENSORS AND SUBCONTRACTORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICE OR THE CONTENT THEREIN WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (ii) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS (iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS OR (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALITY OF THE SERVICE WILL BE SATISFACTORY TO YOU, OR THAT ERRORS WILL BE CORRECTED.
11. Limitation of Liability
WAOCARD and You do not limit or exclude liability for any types of loss or damage for which liability cannot, under applicable law, be excluded or limited, to the extent that the applicable law prevents such exclusion or limitation, or to the extent that a court of competent jurisdiction judges that such an exclusion or limitation would be ineffective under applicable law.
DISCLAIMER OF CERTAIN DAMAGES.
IN NO EVENT SHALL WAOCARD OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF WAOCARD OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORIES, EVEN IF WAOCARD OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS FROM WAOCARD AND ITS LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLY TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WAOCARD WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS IF YOU ALLOW ANYONE (SUCH AS ANOTHER USER OR A MERCHANT) TO USE OR HANDLE YOUR DEVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WAOCARD’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL LOSS; OR (B) $500 (FIVE HUNDRED DOLLARS).
THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
You acknowledge that the above provisions of clauses 10 and 11 are reasonable given the benefits of the Services and you will accept such risk and/or insure accordingly.
IT IS ESSENTIAL THAT YOU BACK UP YOUR DATA ON YOUR DEVICE BEFORE USING THE SERVICE TO AVOID LOSING ANY DATA. YOU EXPRESSLY ACKNOWLEDGE AND ACCEPT THAT WAOCARD IS NOT RESPONSIBLE FOR ANY LOSS OF DATA DERIVED FROM THE USE OF THE SERVICE.
12. Applicable Law
These ToS shall be governed and construed by the laws of Nigeria, without regard to its conflict or choice of law provisions. Unless otherwise provided for in the governing law, any claim or dispute arising in connection with these ToS or Your use of the Service shall be resolved as set forth in the Service Terms and Conditions.
You agree that WaoCard may send You notices, disclosures, and other communications to Your device via SMS, in-app messaging email, and direct mail. Notices may include information about the Service, deals, promotions, rewards, merchant acceptance, service enhancements, updates, and other information. You agree that certain notices may be based on Your location relevant to stores or businesses. You can choose to modify these notification settings within the Service by clicking on Settings and then Notifications. You hereby consent to receive such notices from WaoCard.
13. Entire Agreement
These ToS and the Service Terms and Conditions are the entire agreement between you and WaoCard relating to the Service and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Service or any other subject matter covered by these ToS. If any provision of these ToS is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect.
14. No Waiver
The failure of WaoCard to enforce at any time any of the provisions of these ToS, or the failure by WaoCard to require at any time performance by You of any of the provisions of these ToS, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of WaoCard to enforce such provision thereafter. The express waiver by WaoCard of any provision, condition, or requirement of these ToS shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
15. Survival
Any provision that by its nature should continue to be in effect, shall survive the expiration or earlier termination of these ToS, and shall remain valid and binding.
16. Headings
The headings contained in these ToS are for reference purposes only and shall not affect the meaning or interpretation of these ToS.
FEATURE SPECIAL TERMS
The terms in this Section only apply to the specified features. If there is any conflict between these Feature Special Terms and the rest of these ToS, the Feature Special Terms will apply. We may additionally provide separate terms, policies, and guidelines within each feature.
WAOPAY
1. Payment Cards.
a. WaoPay enables Users to store and use credentials that represent credit, debit, prepaid and gift cards (each, a “Card”) as authorized by the issuer of such Card (a “Card Issuer”). WaoPay may be used at participating merchant locations using an eligible WaoCard mobile device, Point-Of-Sale terminal or accessory or on-line via applications, websites, browsers, interfaces and integrations with third party digital Apps. Your Card Issuer, as well as WaoCard, each reserves the right to exclude certain Cards from participating in WaoPay or to terminate their participation. Eligible Cards may also vary based on Your location and may change from time to time. The availability of WaoPay and its features may vary based on Your location, merchant or provider participation, device model or Card.
b. In some instances, credit, debit, prepaid and gift cards used to make purchases from other WaoCard applications, websites, browsers, and interfaces will be stored as Cards within WaoPay to facilitate Your future checkout experiences. In addition, when you add a Card to WaoPay, your payment card information may also be stored within your WaoCard Account to pay for and access paid content with other WaoCard Account services. You can add or remove these payment cards from your WaoCard Account by going to “Account Settings” in your WaoCard Account settings and clicking “Payment methods.”
c. WaoPay facilitates issuance of a general purpose reloadable prepaid Wallet by our affiliates. Your eligibility for, and use of, the Wallet is subject to the affiliate’s terms and conditions. WaoCard reserves the right to terminate this feature or change Wallet affiliates at any time. In the event of a change of affiliates, Your data may be ported to the new provider for continuity purposes. For the avoidance of doubt, WaoCard:
i. is not the Wallet Issuer;
ii. is not a bank;
iii. is not a financial institution;
iv. does not determine your eligibility for a Wallet;
v. does not hold, have access to or guarantee money deposited to Your Wallet; and
vi. is not liable for any errors or omission arising from, or related to, the Wallet or Wallet Issuer.
2. Gift Card Catalog.
WaoCard enables certain gift Cards (“Gift Cards”) to be purchased through WaoPay (“Gift Card Catalog”). You agree to comply with any additional terms and conditions established by the Gift Card Catalog provider, as applicable. For the avoidance of doubt, WaoCard is not the merchant of record for Your purchase of Gift Cards from the Gift Card Catalog. You agree to look solely to the Gift Card Issuer (and not WaoCard) with respect to any requested refunds, exchanges, replacements or other concerns in connection with a Gift Card. We do not assume any liability for Gift Cards and are not responsible for Gift Cards that expire or cannot be redeemed for any reasons, including Gift Card Issuers that cease operations. If You encounter difficulty in purchasing a Gift Card through the Gift Card Catalog, please contact the WaoCard Technical Support Team for support. If You encounter difficulty in setting up a Gift Card for use within WaoPay once purchased, please contact WaoCard Customer Support Team for support. You may also load certain physical Gift Cards for use with WaoPay by entering the Card number and any applicable codes. You should be sure to keep your physical Gift Card or proof of purchase of the physical Gift Card in case you are unable to redeem the loaded Gift Card for any reason. Gift Cards provisioned within WaoPay remain subject to the terms and conditions established by the Card Issuer, the Gift Card Catalog provider and these ToS. Gift Cards added to Your device may be stored by WaoCard allowing for portability to other WaoCard devices.
3. Deals and Offers.
(a) WaoPay enables Users to store and access offers, coupons, deals, discounts and vouchers (“Deals”). Types of Deals will vary, quantities are limited, expiration dates will apply and are subject to participation by Deal providers. You agree to receive notices about nearby Deals to Your eligible device or accessory based on the proximity of Your device to a participating store or business. You agree to comply with any additional terms and conditions established by the Deal provider, as applicable, including, without limitation, redemption limits, resale and redistribution restrictions, and expiration dates. One-time Deals may only be used one time and may not be shared. You agree not to engage in any practices that interfere or circumvent any redemption tracking methods.
(b) You agree to look solely to the Deal provider (and not WaoCard) to resolve any and all questions or concerns relating to a Deal, including, without limitation Deal redemption, product safety or product liability. WaoCard is neither responsible nor liable for Deal content, including errors or omissions relating to the Deal or for product safety or liability. You agree that we are not agents of any Deal provider and that Deal providers operate independently and are not under our control. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such Deal.
4. Promotions.
Promotions such as discounts and referral codes (“Promotion(s)”) offered by WaoCard or its partners are subject to the applicable terms and conditions. Quantities may be limited or substituted in WaoCard’s sole discretion.
5. Membership Programs.
WaoPay provides access to certain third party loyalty or membership Cards and similar programs (“Membership Program(s)”). You agree to comply with any additional terms and conditions established by the Membership Program provider. Membership Cards may be accessed or used in WaoCard Pay with or without biometric authentication or PIN verification. Membership Cards added to Your device may be stored by WaoCard allowing for portability to other WaoCard devices. WaoCard is not liable for any errors or omissions contained within any Membership Program. You agree to look solely to the Membership Program provider to resolve any questions or disputes relating to a Membership Program.
6. Points Rewards Programs.
You may also be eligible to purchase items using WaoPay with points associated with your Card. Such third party points programs are managed by, and subject to, Your agreement with Your Rewards Points issuer(s). If successfully processed, points will be deducted from Your Card account and applied as a statement credit. If not successfully processed, Your Card will be charged the full amount of the transaction. WaoCard is not responsible for any errors or failure of points to be processed or applied to Your purchase. You agree to look solely to Your Rewards Points issuer (and not WaoCard) to resolve any issues regarding point redemption.
7. Covid-19 Vaccine Card.
WaoPay may enable Users to import and display their Covid-19 vaccination information (“Covid-19 Vaccination Card”) from third party applications that facilitate access to health information (“Health Information Providers”). You agree to comply with any additional terms and conditions established by the Health Information Provider. Covid-19 Vaccination Cards may be accessed or used in WaoPay with biometric authentication or PIN verification. The availability of Covid-19 Vaccination Cards may vary based on Your health care provider. Covid-19 Vaccination Cards added to WaoPay will be stored on Your device by WaoCard for the sole purpose of enabling its display within WaoPay. WaoCard is not liable for any errors or omissions contained within any Covid-19 Vaccination Card. You agree to look solely to the Health Information Provider to resolve any questions or disputes relating to the information displayed in a Covid-19 Vaccination Card.
8. Cash Loan Program.
WaoCard offers a Cash Loan Program (“Loan Program”) to allow Users to earn make transactions using a loan while they pay back their loans when they have cash available. Loans can be completed through the websites, and applications. Obtaining loans and its repayment are offered at the sole discretion of WaoCard and subject to Your compliance with these terms and conditions. WaoCard reserves the right to change, upgrade, or discontinue the Loan Program, any feature of the Loan Program, or the participation of any Merchant or Third Party Site, at any time, with or without notice. All rights not expressly granted under these terms and conditions are reserved by WaoCard or its licensors.
(a) Qualifying Purchases; Exclusions
(i) Qualifying Purchases: Available offers are presented in the WaoPay application. In order to earn an loan, You must: (A) complete a qualifying purchase transaction after registering your Account on WaoCard (B) click on a Loan Request link within the WaoCard application or WaoCard browser which link redirects you to a platform for obtaining loans.
(ii) WaoCard Browser: WaoCard may also make available a browser extension to enhance Your transaction experience (“WaoCard Browser Extension”). Additional terms may apply to any such WaoCard Browser Extension.
(iii) Exclusions: Loans are earned on Your net purchase amount for a Qualifying Purchase, which excludes taxes, fees, discounts or credits, shipping, returns or cancellations, extended warranties and any other fees imposed by third parties. Purchases of Gift Cards do not qualify under the Loan Program. The amount of an Loan for a Qualifying Purchase will be calculated discretely by WaoCard with accruing interests that will be made obvious prior to obtaining loans. Loans and their accruing interests must all be agreed to by the obtaining party before such loans are processed and disbursed into the account of the loanee. The terms of a particular offer will be displayed to You within the WaoCard Pay application or WaoCard browser prior to you selecting the Offer. The maximum amount of a Loan will be set by WaoCard.
(iv) Fraudulent Activity: We reserve the right to investigate any purchase transaction (including a Loan) that we believe, in our sole discretion, is abusing or has abused the Loan Program. We reserve the right to rescind Loan to any User that we believe, in our sole discretion, is abusing or has abused the Loan Program, including, without limitation, by engaging in a pattern of delayed repayments or failure to completely repay loans especially within the loan repayment period. Any failure to comply with these terms and conditions, any fraud or abuse relating to the accrual or receipt of an Loan, or any misrepresentation of any information furnished to WaoCard by You or anyone acting on Your behalf may result in the termination of Your eligibility in the Loan Program and forfeiture of any Awards (whether pending or accrued). If WaoCard has any reason to suspect fraudulent activity is associated with an Loan grant, WaoCard reserves the right to delay or withhold the ability to spend Loan. Any suspected or actual cases of fraudulent activity will be escalated and reviewed in accordance with our fraud policy.
(b) MAXIMUM PER TRANSACTION VALUE. THE MAXIMUM AMOUNT OF AN AWARD THAT YOU MAY EARN FOR ANY INDIVIDUAL LOAN WILL DEPEND ON YOUR TRANSACTION AND REPAYMENT HISTORY WITH WAOCARD OR THIRD PARTY RELATED FINANCIAL INSTITUTION (WHERE APPLICABLE)
(c) Accrual and Expiration.
(i) Accrual. Loans provided to You and its repayment interests will be held in a “Green State” and do not accrue any extra interest aside what is stated in the Loan Offer statement until expiration of the applicable repayment period for the loan. During the applicable Repayment Period, such amounts will be designated as “pending.” Upon expiration of the Repayment Period, WaoCard will update Your Loan balance to indicate that the relevant Loan that has “accrued” is available for You to repay. The applicable Repayment Period is set by WaoCard and, therefore, accrual dates vary depending on WaoCard’s policies and repayment schedules for loans. When the repayment period of a loan enters a “Red State”, implying that the repayment period has been exhausted and the loan has not been fully repaid, the loan may accrue more interests based on the loan schedule.
(ii) OWNERSHIP OF LOANS. ALL RIGHT, TITLE AND INTEREST IN ALL PENDING LOANS REMAIN VESTED WITH WAOCARD DURING THE APPLICABLE REPAYMENT PERIOD.
(iii) Loans Adjustments. In our sole discretion, we may deduct pending Loans in order to make adjustments for defaulted repayments and cancellations with respect to eligibility. For instance, if You repay or default in all or a portion of Your obtained loan during the Repayment Period, WaoCard will receive a notification and will adjust Your obtainable Loan Amount accordingly. Any such adjustments will be made in accordance with these terms and conditions, any applicable WaoCard policies and terms, the terms of any Third Party Site offers, and any and all applicable laws, rules, and regulations. If You believe that Loans have not been correctly credited or You observe inconsistencies as to your loan request, You must contact WaoCard customer service within ninety (90) days of the obtained loan. Should You disagree with any adjustments made to Your Loans balance or Loans made available to You, Your sole remedy is to not make requests in the Loan Program.
(e) Third Party Site Loan Program Restrictions. You agree that You will not, and will not permit others to: (i) damage, interfere with or unreasonably overload possible Third Party Sites related to the Loan Program; (ii) introduce into the Third Party Sites any code intended to disrupt the Loan Program; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other content available through the Third Party Sites (collectively, “Content”); (iv) access the Loan Program or the Third Party Sites by expert system, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects to derive financial benefit from WaoCard; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code relating to the Loan Program for any reason; (vii) rent, sell or sublicense any of the Third Party Sites; (viii) provide any unauthorized third party with access to the Loan Program; (ix) access confidential Content through the Third Party Sites; (x) interfere with the operation of the Loan Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post any material in any form whatsoever on the Third Party Sites or within the Loan Program that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with Your use of the Loan Program or the Third Party Sites; (xiii) engage in any activity that does not comply with applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Loan Program.
(f) Merchant Policies. A product or service purchased from any Merchant through the Loan Program is governed by and subject to the applicable Merchant’s policies, including applicable exchange and shipping policies. For the avoidance of doubt, WaoCard is not the merchant of record for Your spendings of the Loan granted to You by WaoCard and does not have any liability with respect to any products or services that may be purchased from Merchants participating in the Loan Program. You agree that we are not agents of any Merchant and that the Merchants that participate in the Loan Program operate independently and are not under our control with respect to the Loan Program or otherwise. Accordingly, Your participation in offers or promotions of, or correspondence with, any Merchant is solely between You and that Merchant. WaoCard does not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the redemption, withdrawal or modification of any such offer or promotion. WaoCard is not responsible for changes to, or discontinuance of, any Third Party Site, or for any Merchant’s withdrawal from the Loan Program, or for any effect on accrual of amounts caused by such changes, discontinuance, or withdrawal.
10. Tickets
WaoPay allows you to add tickets, coupons and boarding passes to your WaoCard App from participating companies that issue such tickets, coupons and passes. You agree to comply with the applicable Issuing company’s terms, policies, rules, guidelines and conditions governing the use of such tickets, coupons and passes. WaoCard recommends that you retain a back-up copy of your ticket, coupon or pass (such as a screenshot) in case of conditions that may prevent your ticket, coupon or pass from being displayed (for example, limited network coverage or battery drainage). WaoCard is not responsible for any inability of your ticket, coupon or pass to be displayed. WaoCard is not responsible for the authenticity or validity of any ticket, coupon or pass and does not guarantee that any ticket, coupon or pass will be accepted or gain admittance to the corresponding event. To prevent fraud, a ticket, coupon or pass cannot be added to more than one Device at a time (i.e., if a ticket, coupon or pass is added to a WaoCard App on a second Device, it is automatically deleted from your WaoCard App on the first Device, regardless of the WaoCard Account logged onto the Devices. You agree not to attempt to decode, decrypt, modify, or reverse engineer any tickets, coupons or passes or underlying algorithms or barcodes used on or in their production. You agree to assume any and all risks, liabilities, claims, injuries or other damages to person or property arising from or in any way related to the event (e.g., concert, flight) for which a ticket, coupon or pass is issued. You agree to comply with specific COVID-19 related terms and conditions upon entering the event venue including but not limited to wearing masks while on premises.
11. Student ID
WaoCard App allows you to add Student Identification Cards (“Student ID”) issued by a participating educational institution (each, a “Provider”) to your WaoCard App. Your Provider may allow your Student ID to access physical spaces such as entry into school environments, facilities or parking or for payment of designated goods and services from stored value payment credentials (such as dining/meal plans). You agree to comply with your Provider’s terms, policies, rules, guidelines and conditions governing the use of your Student ID. Your Student ID within WaoCard App should be protected in the same way you would protect your physical ID card as any authorization you provide by sharing your device, your device password or by adding third party fingerprints to your device may allow access to facilities or payment for goods and services through your stored value payment credentials. WaoCard recommends that you retain the physical copy of your Student ID in a safe place while using WaoCard App. Depending on your device settings, you may choose to display your Student ID with or without your photo on the lock screen, which will be visible to anyone that is near your device (you may change this using your device settings). If your Provider allows use of your Student ID to pay for or use stored value meal plans or accepts the use of your Student ID as payment for other products and/or services, then your account balances or spending records may be available through your Provider. For the avoidance of doubt, WaoCard is not the administrator of your Student ID program(s). You agree to look solely to the Provider that issued your Student ID (and not WaoCard) with respect to any requested refunds, exchanges, replacements or other concerns in connection with your Student ID.
