The following regulations indicate the rules for the use of the Wallem mobile application and consequently the service and event offered through the App, as well as the general rules applicable to the products and services promoted by Krakatoa SA and our Partners through the App.
IT IS IMPORTANT TO READ AND FULLY UNDERSTAND THIS DOCUMENT.
If you are a US user, here is a key point to highlight:
ARBITRAL CLAUSE AND WAIVER TO COLLECTIVE LEGAL ACTIONS: If you reside in the United States, we draw your attention to point 22) of these regulations, which provides for a binding arbitration clause and the waiver of collective action in the possible resolution of a dispute against Krakatoa SA.
1. Promoter and partner
The Wallem Application (“Wallem” or “App”) is a mobile application of Krakatoa SA based in Via Luganetto 4, Viganello, Switzerland (the “Promoter”). To contact us, please email email@example.com.
The App is used by the Promoter and third-party companies (the “Brand Partners”), usually offering goods and services to be distributed in the game.
2. Recipients of the service
The recipients of the game (the “Users”) are end consumers resident or domiciled in one of the countries where Wallem can be downloaded, in possession of a smartphone with an iOS (minimum iOS 11) or Android (minimum Android 6.0 Marshmallow API 23) operating system and Internet connection.
Excluded from participation are those who have a relationship of collaboration and/or dependence with the Promoter as well as persons residing in a country where it is not possible to download the App.
3. Modalities of participation
3.1 – Installation and registration to the “Wallem” app
All consumers who meet the requirements set out in point 2 will be able to participate and, during the period of validity, install “Wallem” on their smartphone, which is available free of charge on the Play Store and Apple Store. The App consists of an Augmented Reality game in which Users can interact with the surrounding space using their smartphone: the aim of the game is to visualize, collect, interact in virtual reality with 3d and 2d objects, moving in the surrounding space.
In order to use the App and obtain products, promotions, subscriptions, published and unpublished content, consume adv, etc., Users must first “Register” by completing the form with their mobile phone number and a “nickname”. Further personal and contact details will be requested when purchasing (online and physical) products. Failure to provide the requested data will prevent users from continuing to participate in the event and/or validate their purchase.
3.2 – Participation in “Wallem” events
To participate, Users registered on the App must register for the so-called “Virtual events”, launched on the App during specific periods. Within each event, Users will be invited to collect, view, purchase, click or otherwise interact with the “virtual” objects distributed on the map. Participation may be free of charge, except for any ordinary Internet connection costs necessary for the purpose of participation. At the discretion of the organizers of each event, participation may include an entrance fee in pCoin.
Wallem organises two distinct types of events on its App, through which two different types of virtual objects (“Virtual Objects“) are collected:
- Collecting Event, during which the points of a given Brand Partner are collected (hereinafter “Brand Points“)
- Harvesting Event, during which digital goods are collected (hereinafter “Digital Goods“)
4.1 – Collecting Event
During the Collecting Event, a Brand Partner proposes the use of a Brand Point, which has no value outside the Wallem ecosystem. Brand Points will be represented by a 3D object present both on the map and in augmented reality. These virtual objects can be placed:
- in automatic mode in the space surrounding the User’s device, according to the Brand Partner’s preferences, based on the following parameters: number of Brand Points distributed, minimum distance from the User, maximum distance from the User, daily catch limit, Brand Points regeneration time, maximum reset distance, incremental percentage of the Brand Points creation distance.
- in automatic mode within a specific geolocalized area according to the Brand Partner’s preferences, based on the following parameters: number of distributed points, distance between Brand Points, daily catch limit, maximum reset distance, Brand Points regeneration time.
- in manual mode, within a specific geolocalized area according to the Brand Partner’s preferences, based on the following parameters: daily catch limit, maximum reset distance, Brand Points regeneration time.
Users will have the possibility to collect Brand Points (represented by 3D objects) distributed in each specific event and to use them to “buy” coupons for discount values from 0 to 100% usable in an e-commerce store owned by Wallem or owned by third parties. As an alternative to buying the coupons in the App, the purchase can be made directly in the points of sale through a QR code and a POS App, dedicated to retail.
By redeeming products in exchange for Brand Points (including any Brand Points of the Promoter), Users must refer to the product guarantees issued by the Brand Partner and may not claim any indemnity for any damage resulting from the acceptance and/or use of the product purchased directly from the Promoter.
Such events will always have a start date. As for the end date, it may be a specific date or according to the exhaustion of the number of products made available by the Brand Partner for the event. Failure to collect a sufficient number of Brand Points to “purchase” the coupons made available in the event may, at the organiser’s discretion, be used for a subsequent event or no longer have any value and therefore disappear from the User’s wallet. These details will be specified in the rules area of the specific event.
4.2 – Harvesting Events
Harvesting Events presuppose the distribution of digital goods in the following ways:
- in automatic mode in the space surrounding the User’s device, according to the preferences of the Promoter or Brand Partner, based on the following parameters: number of Digital Goods distributed, minimum distance from the User, maximum distance from the User, daily catch limit, Digital Goods regeneration time, maximum reset distance, incremental percentage of the Digital Goods creation distance.
- in automatic mode within a specific geolocalized area according to the organiser’s preferences, based on the following parameters: number of Digital Goods distributed, distance between one Digital Goods and another, daily catch limit, maximum reset distance, Digital Goods regeneration time.
- in manual mode, within a specific geolocalized area according to the preferences of the Promoter or Brand Partner, according to the following parameters: daily catch limit, maximum reset distance, Digital Goods regeneration time.
4.3 – Distribution of Virtual Objects on the map
In the “spread around the User” distribution mode, the distribution of Virtual Objects will be carried out by the game software according to predefined and objective logics, such as to guarantee equal treatment and respect for the principle of equal opportunities.
In the “geolocalized” distribution mode, Virtual Objects can be distributed either manually or automatically by selecting a specific area according to predefined and objective logics that guarantee equal treatment and respect for the principle of equal opportunities.
Each event can therefore be held in the following ways:
- In the “collecting around the User” event mode, each User, within the same virtual event, will have a predefined number of Brand Points to collect, which will be the same for all the participants of the event. The Brand Points will be individual, i.e. the individual User will be able to collect only the objects created for his/her own device and will therefore not be able to see or collect other people’s objects, even in case of proximity to other devices.
- In the “collecting geolocated” event mode, each User, within the same virtual event, will have a predefined number of Brand Points to collect, which will be the same for all participants of the event. In this case, however, the Brand Points will not be individual, therefore not spread according to user’s location but rather in specific places where all participants have access to the same Brand Points in this event and therefore once collected they will disappear and no longer be available for the other Users.
- In the “harvesting around the User” event mode, each User, within the same virtual event, will have a predefined number of Digital Goods available, which will be the same for all the participants of the event. The Digital Goods collected will be individual: the individual User will be able to collect all the products created for his/her device.
- In the “harvesting geolocated” event mode, each User, within the same virtual event, will have a predefined number of Digital Goods to buy, which will be the same for all the participants of the event. In this mode, the Digital Goods collected will not be individual, therefore not spread according to user’s location but rather in specific places where all participants have access to the same Digital Goods in this event and therefore once collected they will disappear and no longer be available for the other Users.
5. Brand Points & Digital Goods
Brand Points are not negotiable or transferable and cannot be claimed by third parties on behalf of the User. The Brand Points can be stored inside the Wallem Wallet.
The Digital goods can be stored inside the Wallem Wallet or taken out of the app once collected.
“pCoin” is Wallem’s official gaming currency. pCoins can be collected in App or purchased through the App Store provider (“in-app purchases”). pCoins allow users to:
- subscribe to certain events for a predefined number of pCoins where the products and services that can be purchased in-app will be more attractive.
- buy Skins for user’s avatars or any other digital content offered to App Users.
To participate in the events, it is not necessary to purchase in-app pCoins.
Users should be aware that:
- the price of pCoins may change at any time;
- pCoins earned through the game or by completing actions (such as inviting another player to download the App) can only be used within the App;
- pCoins may not be redeemed in cash or other consideration or otherwise transferred;
Wallem skins are avatars that the User may choose to use within the Wallem map. In addition to seeing the user’s player on the map with a particular skin, within Wallem there is the possibility to see other Users and therefore other skins on the map.
There are 2 types of skins: free skins and paid skins. Some skins have usage privileges over others, for example allowing users to sign up for a larger number of events or have access to an exclusive event. Under no circumstances will a skin give the player greater power in the event.
8. Notification of code and purchase of products/services
The products purchased will be supplied in the form of a unique identification code and sent to Users by e-mail, to the same e-mail address indicated by the user.
Upon receipt of the identification code by e-mail, the user will acquire full ownership and availability of the code, assuming, for the effect, all liability, none excluded, including, therefore, that for the custody, loss, theft, destruction and / or use, even unauthorized, in any way related to the possession and / or use of the unique identification code, with consequent release from all liability for Krakatoa SA.
Once a purchase has been made using Brand Points, Users will receive by e-mail the code and instructions for the collection of the specific product or service, which may be made through a proprietary or third-party e-commerce site or through a proprietary or third-party shop.
Any other costs incurred in addition to those indicated in the redemption instructions and which are accessory to obtaining the product (e.g. shipping costs) shall be borne by the user. These costs are explained in the rules of each individual event.
Krakatoa SA assumes no liability in the event that any of the following conditions occur:
- the mobile number communicated is unavailable, deactivated, not working;
- the user’s mailbox is full or disabled;
- the e-mail indicated by the User is non-existent, incorrect or incomplete;
- the e-mail warning instructions to collect the product/service ends up in the junk mailbox.
In addition, the user is solely responsible for the management of his/her telephone number and mailbox with particular reference to:
- the notification and the e-mail with instructions on how to redeem the product;
- the adoption of security measures to prevent other persons not authorized by the user from accessing their mailbox.
WARNING! – Depending on personal computer security settings and those defined by “internet providers” (e.g. Libero, Alice, Fastweb, Yahoo, Gmail, etc.), certain e-mail communications, although free of suspicious information or sensitive data and constantly guaranteed with special Antivirus and AntiSpam filters, may be recognized as SPAM or Junk Mail.
In the event that the product is not delivered to the User, the latter must inform the e-commerce service of the Brand Partner’s website where it was redeemed and follow the procedures provided for this case. Krakatoa SA is not responsible for products redeemed and shipped using third party e-commerce sites.
No responsibility can be attributed to the Promoter company or to the Brand Partner in the event that on delivery of the goods the package has obviously been tampered with, broken and/or damaged: the delivery of the goods, in fact, is made by a forwarding agent (courier or post).
9. Activation of marketing terms
10. In-app purchases
In-app purchases are addressed to:
- purchase pCoins.
- deactivate the ADV (advertising) banners in the App.
It is not possible to deactivate in-app purchases within the App and there is no limit to the number of in-app purchases that can be made. The User is responsible for managing the number of in-app purchases made. The User acknowledges and agrees that he/she is fully responsible for managing his/her in-app purchases and the amount he/she spends on in-app purchases within the App. Please use the “parental control” system appropriately to ensure that purchases made in error are avoided as they cannot be refunded.
If the User purchases pCoins as an in-app purchase, the terms and conditions / EULA of the App Store Provider applicable to in-app purchases will apply. The user acknowledges and agrees that all billing and transaction information relating to in-app purchases is handled by the App Store Provider and is governed by its terms and conditions. If the user needs a refund or has payment issues with in-app purchases, he/she should contact the App Store Provider directly. Wallem assumes no liability in connection with such loss.
The ranking of bets, with user nicknames, the number of items captured and the percentage of the target achieved, will always be available on the App.
The App will include advertising in the form of banners, interstitial and full screen videos that can be deleted by simple in-app purchases. In addition to the aforementioned advertising, in order to obtain privileges such as increasing the daily catch limit or getting a few extra points, the User can choose to see advertising on demand via video reward.
13. What types of promotions can Users participate in?
Wallem App may include offers sponsored by the Promoter or Brand Partner in which Users may obtain the products offered.
14. Responsibility for Brand partners’ products
Although Wallem works hard to ensure that our Brand Partners reflect our high standards of quality and ethical values, we cannot be responsible for their products or content.
15. Advertising of the APP and the Regulations
The Promoter will promote the App through online and offline communication channels.
The advertising message will comply with what is stated in these regulations. The complete regulations will be made available to participants on the website www.wallem.io with a reference in the App.
16. Territorial area
The Events shall be valid on the territory of the States established by Wallem on a case-by-case basis in consideration of local regulations and the interests of the Promoters.
17. Intellectual Property
Wallem and its Brand Partners, as well as the suppliers of any third-party content used in the App, are the owners or licensees of all intellectual property rights in the App, including but not limited to all information, software, text, display, images, video, and audio, and the design, selection and arrangement thereof which are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and treaties worldwide. All these rights are reserved and all Users have no intellectual property rights in the App or the content other than the right to use them in accordance with applicable laws and if such laws permit.
Each User shall grant Wallem his/her own license to use the content uploaded by him/her (such as nickname, image, etc.) for the entire duration of the use of the App, including, without limitation, to the use of such content for promotional or popular purposes. The User waives all his/her rights to such content.
Wallem takes copyright infringement claims seriously. Wallem will respond to notices of alleged copyright infringement in accordance with applicable law. Any person who believes that any material accessible on or from the Site or the App infringes his/her copyright may request the removal of such material from the App by sending written notice to the copyright agent designated below in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 USC § 512) (“DMCA”). Such written notice (“DMCA notice”) shall include the following:
- The user’s physical or electronic signature.
- Identification of the copyrighted work the user believes has been infringed or, if the claim relates to several works on the App, a representative list of those works.
- Identification of the infringing material in a sufficiently precise way so as to enable us to identify such material.
- Appropriate information through which we can contact the user (including name, address, telephone number and, if available, e-mail address).
- A declaration stating in good faith that use of the copyrighted material is not authorized by the copyright owner, his/her agent or the law.
- A power of attorney showing that the user is authorised to act on behalf of the copyright owner.
Our Copyright Agent designated to receive DMCA notices is:
Attn. General Counsel
Address: Via Luganetto 4, 6962 Viganello, Switzerland
E-mail address: firstname.lastname@example.org
If the user does not comply with all requirements of Section 512(c)(3) of the DMCA, the DMCA notice may not be effective. Please note that if the user knowingly and materially misrepresents that the material or activity on the App infringes the user’s copyright, the user may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
18. Our rights; transfer of rights, changes to the App
We do not guarantee that our Wallem.io website and our Wallem App, or any content on these platforms, will always be available or uninterrupted. We may suspend, withdraw or limit the availability of all or part of the App or any item for business and operational reasons. We will attempt to give reasonable notice to the user. We may transfer our rights and obligations under these terms to another organisation. We will always notify the user by message via the App or by email if this happens and we will ensure that the transfer does not affect the user’s rights under the Agreement.
From time to time we may update, modify or change the App automatically to improve performance and functionality, adapt to changes in the operating system or resolve security issues without notice. Alternatively, we may ask the user to update the App for these reasons. If the user chooses not to install such updates or to disable automatic updates, the user may not be able to continue using the App. We may need to update part of our App to balance the game and use of our App. These updates may cause interruptions of any kind within the game.
19. Guarantees and fulfilments
Participation in these events implies the unconditional and total acceptance by the participant (the user) of the rules and clauses contained in these Regulations without any limitation.
In the event of obvious and detectable attempts at fraud and false and inaccurate statements, the Promoter reserves the right to immediately cancel the user or those scores/objects that are deemed to have been acquired in an invalid and/or non-compliant form.
If the Promoter or third parties appointed by the Promoter should identify Users who participate with means and instruments capable of evading randomness, or in any case judged suspiciously, fraudulently, or in violation of the normal course of the initiative, they will be excluded from participation. Any objects collected through the use of software, or in a manner deemed suspicious, fraudulent or in violation of the rules of the regulations, if identified or deemed such with the means and knowledge available to the software house managing the events will be cancelled and the User will be disqualified.
Therefore, the Promoter, or third parties appointed by it, reserve the right to proceed against all participants and within the terms deemed most appropriate (which include, if deemed necessary, the request for an identity document) and in compliance with the laws in force.
20. Electronic and telematic tools
The Promoter declines all responsibility for any problem of access, obstruction, malfunction or difficulty regarding technical instruments, computer, telephone line, cables, electronics, software and hardware, transmission and connection, internet connection, accessibility to the online game and the mobile and fixed telephone network that may prevent a User from participating in the competition.
The Promoter also disclaims any liability for problems caused by the configuration of the User’s device that may affect the User’s performance during the game.
21. Amendment to the Regulations, the Term and Conditions agreement and the End User agreement
From time to time we will update the Regulations and the Terms and Conditions of Service with the end user to reflect changes in our business. All such changes will be posted on our website https://www.wallem.io and, if we deem it appropriate, we will inform Users of any material changes by email or even in the App. If the user does not accept the notified changes, he/she may not be permitted to continue using the App.
This agreement does not give rise to any rights to third parties other than our Brand Partners or owners or licensees of the content included in the App and the platform on which the user downloaded the App. Legal notices should be sent by email to email@example.com and will be deemed received 24 hours after they have been sent.
22. Binding arbitration and waiver of class action for Users resident in the United States
If the user resides in the United States, the following additional terms apply:
Any dispute or claim relating in any way to this App or the use of the App or our Site will be resolved by binding arbitration, rather than in court, except for small claims for which the user may bring a claim in court. This Agreement shall apply to the user:
- For users residing in the United States: the Federal Arbitration Act of the United States. There is no judge or jury in arbitration and the court’s review of an arbitration award is limited. The user agrees that any arbitration will be conducted only on an individual basis and not in a collective, consolidated or representative action. If for any reason, contrary to this clause, a claim should proceed in court instead of arbitration, both the User and Krakatoa SA waive any right to a jury trial.
- The user agrees that any arbitration will only be conducted on an individual basis and not in a collective, consolidated or representative action. If for any reason, contrary to this clause, a claim should proceed in court instead of arbitration, both the user and Krakatoa SA waive any right to a jury trial.
To initiate arbitration proceedings, the user must send a letter requesting arbitration and describing the request to our registered agent in the United States: Krakatoa SA., address: Via Luganetto 4, 6962 Viganello, Switzerland.
Arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its rules, including the AAA’s additional procedures for consumer disputes. AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all deposit, administration and arbitration fees will be governed by the AAA’s rules. We will refund these fees for complaints up to a total of $10,000 unless the arbitrator determines that the complaints are frivolous. Similarly, we will not claim legal fees in arbitration unless the arbitrator determines that the claims are frivolous. The user may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location.
The user agrees to commence arbitration only in the user’s state of residence and we agree to commence arbitration only in the user’s state of residence. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitration and/or the applicability of this arbitration provision, including any claim of recklessness or any other claim that the arbitration provision or agreement is void, voidable or otherwise invalid. Any award of the arbitrator shall be final and binding on either party and may be entered as judgment in any court of competent jurisdiction.
- For all other users: All disputes arising out of or in connection with this Agreement, including those concerning the validity, nullity, breach or termination of the Agreement, shall be finally settled by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution (“SCAI”) in force on the date on which the request for arbitration is filed in accordance with these Rules. The number of arbitrators is one. The place of arbitration is Lugano. The arbitration proceedings shall be conducted at the User’s choice in English, Italian, French or German.
The User also agrees that Krakatoa SA may take legal action to enjoin the infringement or other misuse of intellectual property rights.
To the extent permitted by law, any claim or dispute relating to the user’s use of the App must be brought within one (1) year in small claims court or arbitration. The one-year period begins when the claim or dispute can be submitted first. If such claim or dispute is not submitted within one year, it shall be permanently prohibited.
If any provision of this arbitration Agreement is held to be unenforceable, the unenforceable provision shall be severed and the remaining terms of the arbitration shall apply.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL OR USE THE APP OR SITE, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND YOU GRANT US THE RIGHTS SET FORTH HEREIN.