1 : VIRTUAL ITEMS

1.1 For the purposes of this policy, “Virtual Items” means any other form virtual currency (as updated by the Company on its website/application from time to time) which enables users to purchase, use and engage in the services offered on the Company’s app/website. These virtual items can be bought used, redeemed and/or purchased through the website/application or through the companies affiliate third party service providers.

1.2 While using the WAKA mobile application and its ancillary features/services, the Customers shall have the option of purchasing or buying “Virtual items” (these may be any form of the Company’s choosing; for example, the virtual items are currently in the form of coins or beans), which can be used and or redeemed on the platform to play games, gift items and make further in-app purchases.

1.3 Money Laundering. The operations of the Company are and have been conducted at all times in compliance with all applicable financial recordkeeping and reporting requirements, including those of the Applicable Law(s) of the relevant jurisdiction (as may be applicable) and the applicable anti-money laundering statutes of jurisdictions where the Company conduct’s its business, the rules and regulations thereunder and any related or similar rules, regulations or guidelines, issued, administered or enforced by any governmental agency (collectively, the “Anti-Money Laundering Laws”). The Users of the Company’s Services shall ensure their absolute compliance with the Anti-Money Laundering Laws.

1.4 The Users of the WAKA mobile application (including Customers, Hosts and Agency’s) shall not, directly or indirectly, use the Company’s services (including but not limited to the Virtual Items as mentioned above);

1.4.1 To fund or facilitate any activities or business of or with any Person or in any country or territory that, at the time of such funding or facilitation, is the subject of sanctions; or

1.4.2 For financing or funding of Terrorism or such activities as against the United Nations protocols, laws, rules, etc. or in violation with the laws of any jurisdiction (as applicable).

1.5 The Virtual items may be purchased by a User in the following ways;

1.5.1 via the authorised payment gateway channel(s) that are part of/built in to the “Google Play Games” and/or Google play app store.

1.5.2 1.5.2.via Third Party Partners of Sqing solutions Pvt. Ltd., a list and details of whom will be updated by the company on its website/mobile application from time to time.

1.6 Unless otherwise specified, and subject to the Company’s refund policy, the Virtual items can be used only on the Company’s platform and have value only on the Company’s website/mobile application and other related services.

1.6.1 At no point of time will a Customer be allowed to convert the Virtual Items into real world currency (such as INR, USD etc.)

1.6.2 The virtual items hold no purchasing power and have no legal backing and/or value in the commercial and/or public markets/marketplaces.

1.7 As the Company has a strict refund policy (refer terms and conditions policy), upon a successful transaction the Customer foregoes any and all rights over the fee/money paid in order to purchase the virtual items on the platform.

2. USE OF VIRTUAL ITEMS.

2.1 The virtual items can be used in order to purchase value-added services, items, tokens and other services/items offered by the Company on its platform. A few of its uses include, but are not limited to sending gifts, playing games, upgrading Customer’s profile etc.

2.2 Customers: Customers of the application will be allowed to purchase Virtual Items in the form and manner prescribed by the Company using the Company’s authorised payment aggregators/payment providers.

2.2.1 Virtual Items cannot be exchanged for cash, or legal tender or currency of any state, region, or any political entity, or any other form of credit. Customers can use the purchased Virtual items in order to play games, send direct gifts to preferred hosts, upgrade their profiles etc.

2.2.2 Virtual Items can be used by Customers to (i) customise their profiles, (ii) send gifts to other users, (iii) send direct gifts to hosts, (iv) play games on the WAKA mobile application.

2.2.3 To the extent and limits allowed by the Company, Virtual Items can be assigned or transferred to any other Customer or Host by a Customer or Host.

2.2.4 The sale, barter, assignment, or other disposal of any Virtual Items, other than as provided for by the Company, is expressly prohibited. Any violation of this restriction may result in termination of your account on the Platform, forfeiture of the Virtual items from your account, and/or you may be subject to liability for damages, litigation and transaction costs.

2.2.5 Accrued Virtual items do not constitute property and are not transferable: (a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of law.

2.6 You agree that we have the right to manage, regulate, control, modify and/or eliminate any Virtual Items being held by you, on having a valid reason to do so, including but not limited to; violation of the Company’s policies; being in breach of any applicable law or regulation; (iii) for legal, security or technical reasons

2.3 Hosts: Hosts who operate on the Company platform can receive gifts (in the form of Virtual items) from the Company’s Customers. The Virtual items so received will be logged into the Host’s account on the Company platform.

2.3.1 Hosts shall be allowed to redeem the Virtual Items so received in the form of a cash withdrawal(s). However, these withdrawals shall be subject to the Hosts Terms and Conditions Policy.

2.3.2 Accrued Virtual items do not constitute property and are not transferable: (a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of law.

2.3.3 The conversion of virtual items into cash/legal tender is limited for the users of the WAKA mobile application, who are designated as Hosts and shall be as per the exchange rates, targets, withdrawal thresholds and other terms and conditions so specified by the Company.

2.3.4 The Host’s usage of virtual items on the Company platform shall be limited in accordance with the company’s internal policies.

2.4 Agency: Agencies who are operating on the Company’s platform will have access to Company tools for the purposes including, but not limited to, onboarding, contracting, tracking the performance of their Hosts.

2.4.1 Depending on the performance of their Contracted Hosts (in accordance with the milestones set), the Agencies account (on the Company platform) will be credited with Virtual Items.

2.4.2 Agencies shall be allowed to redeem the Virtual Items so received in the form of a cash withdrawal(s). However, these withdrawals shall be subject to the Agency Terms and Conditions Policy.

2.4.3 Accrued Virtual items do not constitute property and are not transferable: (a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of law.

2.4.4 The conversion of virtual items into cash/legal tender is limited for the users of the WAKA mobile application, who are designated as Agency’s and shall be as per the exchange rates, targets, withdrawal thresholds and other terms and conditions so specified by the Company.

2.4.5 The Agency’s usage of virtual items on the Company platform shall be limited in accordance with the company’s internal policies.

2.5 Gifts: Users can acquire “Gifts” (which will be ‘Virtual Gifts’) (as available and updated on the Company website from time to time) by redeeming the Virtual items available in your account.

2.6 Gifts constitute a limited license to certain features of digital products and services. The conversion/ redemption rate between each Coin and Gift will be displayed on our Platform.

2.7 Gifts exchanged or received by any user do not constitute property and are not transferable: (a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of law.

2.8 These Gifts can be sent to other users as well as Hosts on the Platform. The terms and conditions with respect to the value and exchange rates for purchasing gifts (as amended from time to time) shall be made available on the Company platform. The Company further reserves the right to amend or modify the same at its sole discretion.

2.9 Gifts sent or received by Users cannot be exchanged for cash, or legal tender. However, Hosts will have the opportunity to redeem the gifts received by them in the form of cash as per the Hosts Terms and Conditions Policy.

2.9.1 When a Customer sends a gift to a Host, the value of the gifts so received will be shown in the recipient’s account in the form of “Beans”. Hosts can then use these beans to; (i) convert them into Virtual items, (ii) Redeem them in the form of cash withdrawals in accordance with the Hosts Terms and Conditions Policy and/or (iii) Use/redeem them in order to directly purchase other gifts or rewards on the Company’s service interface

2.10 The specific prices and other virtual item related information such as, exchange rates and usage policy will be determined by the Company at their sole discretion and information about the same will be provided on our service interface.

2.11 Unless otherwise provided hereof, virtual items may not be used for any other purpose(s), including to conduct virtual item(s) transactions with third parties, or trading on third-party platforms other than those of the company and or its affiliates.

2.12 If you violate the foregoing requirement, the Company will not be liable for any losses to you or the third party. Furthermore, on suspicion of your Account being is involved in such suspicious activity(s), we reserve the right to suspend the said account and the user will forego his/her rights over the virtual items, until relevant measures are taken in accordance with the terms and conditions of usage.

2.13 Users agree not to recharge or funnel money into the Company system through illegal or unauthorized channels. If you violate the rules and transact via illegal means on our interface in order purchase virtual items, we do not take responsibility for the same and will not be able to guarantee that the transaction will be successful. Furthermore, the Company reserves the right suspend your account and report the same to authorities in case it suspects any illegal or unauthorised activity on your account.

2.14 Under no circumstance, can a user or individual exchange the virtual items for legal denominations/depository notes and/or other forms of legal, backed currency.

2.15 The Company will not take any responsibility, nor will it compensate a user for any losses caused for the violation of this Virtual Items Policy. Furthermore, the company reserves the right to terminate, restrict your account and pursue legal action against you, both civil and criminal in nature for violation of the terms and conditions of this Agreement.

2.16 The Users shall bear the responsibility over their account(s), please check your account carefully before recharging/using the same on our platform. You shall bear all losses on account of incorrect account input, improper operation or lack of understanding of charging methods, etc., and we will not make any compensation for your losses.

2.17 Unless otherwise regulated by law(s) or provided for under this Policy, all purchases of virtual items made through the service are final, non-refundable and non-transferrable under any circumstances. For avoidance of doubt, with respect to any services, products purchased by you, you are not allowed to a refund or transfer the virtual items to other services and/or products.

2.18 The Company reserves the right to set out or modify the rules in connection with the virtual items and other transaction from time to time based on various factors including, but not limited to the transaction limits, number of transactions etc.

2.19 We do not encourage or allow minors to use or buy virtual items. If you are a minor, you should ask your guardian(s) to operate or operate the website/service, on your behalf, with their express consent.

2.20 The Users shall be responsible for losses arising from any issues in providing virtual items caused by the following reasons:

2.20.1 Due to loss, ban or freeze of your account;

2.20.2 You disclosing your password to others;

2.20.3 Due to faults of payment channel institution;

2.20.4 Losses caused by intentional or gross negligence or violation of laws and regulations by the users;

2.20.5 Other reasons caused by yourself;

2.21 You may receive some virtual gains of virtual items in the course of using our services/application. In accordance with the terms of the Company’s policies, you are only allowed to use the virtual items on the company’s platform (for Host policy in this regard, refer clause 1.7.2 above. We reserve the right of final interpretation on such virtual gains and related policy terms. We have the right to adjust virtual gains policies from time to time without prior notice. You agree to be bound by the latest Policies as disclosed by us.

2.22 Under the following circumstances, we reserve the right to deduct your corresponding virtual gains:

2.22.1 If the recharge of the virtual currency is determined by the bank, payment channel, or court as invalid;

2.22.2 The Chargeback or refund initiated by an end user of this Platform is permitted subject to decision of Banks, payment gateway, courts, arbitration tribunal, or us;

2.22.3 If the money used for recharge is considered illegal or improper gains, and we are required by the court and other institutions to refund;

2.22.4 Other circumstances which cause the virtual currency to be returned or refunded.

2.23 In the event of any violation of the Company’s policies, laws and regulations by you, we reserve the right to temporarily or permanently suspend, freeze your account and deduct the remaining virtual items and virtual gains on your account partially or wholly, and not compensate your losses, damages.

2.24 You acknowledge and agree that if you voluntarily cancel your account, your virtual items, virtual gains, virtual gift, game currency, etc. will be waived automatically. Furthermore, we will not return the corresponding cash value and will not make any compensation(s), unless the same is to be made to a host however, the same will be subject to Company policies.

3. SPECIFIC FEATURES AND ADDITIONAL SERVICES.

3.1 When using the company’s services, you may be subject to additional guidelines and/or terms and conditions (including but not limited to the “General Terms and Conditions” and “Host or Agency Terms and Conditions Policy”) as and when applicable, to specific services and features which may be posted from time to time on the platform.

3.2 All such Guidelines are hereby incorporated by reference into these Terms and Conditions of use. In addition, your use is further governed by the Company’s Privacy Policy available at https://wakavoice.com/privacy-policy (the “Privacy Policy”), which is hereby incorporated by reference into these Terms and Conditions and you consent to the collection, use and disclosure of any personal information in accordance with the Privacy Policy.