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 29) 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, usually offering goods and services (the "Brand Partners") to distribute their products through a gamification experience.
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, will 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 In order to use the App and obtain products, promotions, subscriptions, published and unpublished content, consume adv, etc., Users must first "Register" by completing the form with their mobile phone number and a "nickname".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 to 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 purposes of participation. At the discretion of the organizers of each event, participation may include an entrance fee to the Pteria (PTE). For events that require registration using Pteria points, it will be possible to participate several times even after having purchased a product/service/discount.
4. EventsWallem 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")
- 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 coins, 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.
- 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.
- 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 but rather total compared to all the participants of the single event and therefore once collected they will disappear 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 but rather overall compared to all the participants of the single event and therefore, once purchased, will disappear for the other Users.
5. Digital GoodsBrand Points or PTEs are not negotiable or transferable and cannot be claimed by third parties on behalf of the User. Once collected, these Digital Goods can be stored inside the Wallem Wallet, or taken outside.
6. Pteria (PTE)Pteria ("PTE") is Wallem's official gaming currency. PTEs are also Digital Goods and can be collected in Apps or purchased through the App Store provider ("in-app purchases"). PTEs allow you to:
- subscribe to certain events for a predefined number of PTEs and thus increase the number of products and services that can be purchased in-app.
- buy Skins for your avatars or any other digital content offered to App Users.
- the price of PTEs may change at any time;
- PTEs earned through the game or by completing actions (such as inviting another player to download the App or buying gems as an in-app purchase) can only be used within the App;
- PTEs may not be redeemed in cash or other consideration or otherwise transferred;
- if you have PTEs outside the App, you can transfer tokens to the App for use there. Once you've done the top up in the App you will no longer be able to transfer your PTEs to third parties, but they can only be used in the App.
Wallem skins are avatars that the User may choose to use within the Wallem map. In addition to seeing yourself on the map with a particular skin, within Wallem there is the possibility to see other Users and therefore other skins on the map. The skins are divided into free skins and paid skins. Some skins have usage privileges over others, for example allowing you 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/servicesThe 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 them. Upon receipt of the identification code by e-mail, the purchasers 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 purchaser. For these costs reference is made to 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 purchaser'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.
- 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 same 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 Promoter'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 purchasesIn-app purchases are addressed to:
- the purchase of PTEs.
- the deactivation of the ADV 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 PTEs as an in-app purchase, the terms and conditions / EULA of the App Store Provider applicable to in-app purchases will apply. You acknowledge and agree 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 you need a refund or have payment issues with in-app purchases, you 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 PropertyWallem 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, 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:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe 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 you (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 you are authorised to act on behalf of the copyright owner.
Our Copyright Agent designated to receive DMCA notices is: Krakatoa SA Attn. General Counsel Address: Via Luganetto 4, 6962 Viganello, Switzerland E-mail address: firstname.lastname@example.org If you do not comply with all requirements of Section 512(c)(3) of the DMCA, the DMCA notice may not be effective. Please note that if you knowingly and materially misrepresent that the material or activity on the App infringes your copyright, you 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 you. We may transfer our rights and obligations under these terms to another organisation. We will always notify you by message via the App or by email if this happens and we will ensure that the transfer does not affect your 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 you to update the App for these reasons. If you choose not to install such updates or to disable automatic updates, you 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
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 http://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 you do not accept the notified changes, you 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 you 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 StatesIf you reside in the United States, the following additional terms apply: Any dispute or claim relating in any way to this App or your use of the App or our Site will be resolved by binding arbitration, rather than in court, except for small claims for which you may bring a claim in court. This Agreement shall apply to you:
- 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. You agree 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.
- You agree 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.
- 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.