Legal documents
Cubios Inc.
This Agreement between you and CUBIOS, INC. (or, based on where you live, one of its affiliates) ("we," "us," "our," or "CUBIOS") describes how you can redeem a gift card to your WOWCUBE account and make purchases using that gift card at using your WOWCUBE account. When we use the term "gift card", we mean any physical or digital stored value card or voucher that’s redeemed to your WOWCUBE account and can be used to buy Products at Play Store. The gift card balance is issued and managed by CUBIOS, INC., a Delaware Corporation, and/or its affiliates.
This Agreement has important terms about our relationship. It also incorporates our WOWCUBE Services Agreement, which includes the terms governing your WOWCUBE account and (for U.S. residents only) a binding arbitration clause and class action waiver that affects your rights about how to resolve any dispute with WOWCUBE.
1. Scope of agreement; acceptance of terms
1.1 What services are covered by this Agreement? This Agreement governs the use of the value, or balance, stored in your WOWCUBE account to make eligible purchases ("Products ") through compatible devices at Play Store. To the extent permitted under applicable law, we may add, discontinue, remove, or suspend the availability, features, specifications, and prices regarding your account balance or the Products made available at the Play Store, temporarily or permanently, at any time, without liability, as described in this Agreement
1.2 How do I accept this Agreement? You accept this Agreement when you purchase a gift card , redeem a gift card to your WOWCUBE account, or use CubeCoin stored in your WOWCUBE account to make purchases at Play Store.
1.3 Can CUBIOS change this Agreement after I have accepted it? We may add to, change, or remove any part of this Agreement from time to time. If we change any material terms that would adversely affect your rights as they are presented to you in this Agreement, we will notify you, either through your WOWCUBE account, in an email notification, or through other reasonable electronic means.
2. WOWCUBE accounts
CUBIOS distributes Gift Cards denominated in CubiCoin (or “cc$”). Purchase price for Gift Cards may vary by geography and/or time.
2.1 Do I need a WOWCUBE account? Yes. To make purchases at Play Store, you must have an active WOWCUBE account. You can redeem gift cards to your WOWCUBE account, view your current account balance and any expiration dates associated with promotional balance in your account, or update your personal information.
2.2 How do I add CubiCoin to my WOWCUBE account? You can add CubiCoin to your WOWCUBE account by logging into your WOWCUBE account and redeeming a relevant gift card and/or code . We call this "redeeming your gift card." When redeemed, the full value that the card is associated with will be added to your WOWCUBE account. Additional terms and conditions may also accompany the gift card. Except as required by applicable law, gift cards can't be redeemed or exchanged for cash and aren't reloadable. If you live in an EU country where local law provides a "cooling-off period," you may return non-redeemed gift cards for a full refund within 14 days of purchasing the gift card. However, once redeemed, you acknowledge that no refund will be made. If you purchase a gift card from a third party that is not CUBIOS, then that third party's return policies apply. CUBIOSisn't responsible if your gift card is lost, stolen, misplaced, or used without your permission.
2.3 Are there any expiration dates or fees? Non-promotional account balance doesn’t expire. Any promotional balance in your WOWCUBE account is subject to expiration as set forth in the terms of the promotion. There are no fees associated with keeping a balance in your account, whether acquired on a promotional basis or not.
2.4 How do I make purchases at Play Store? You may use your account balance to purchase Products at Play Store only. You must log into your WOWCUBE account to make the purchase. Unexpired promotional balance will be deducted (in order of the most proximate expiration date) from your WOWCUBE account before any other balance.
If you don't have sufficient CubiCoin in your WOWCUBE account to complete a purchase, you must use another form of payment registered with your WOWCUBE account to add additional value to your WOWCUBE account, as available.
When you purchase Products using CubiCoin in your account, we will deduct an amount of your account balance equivalent to the cost of the purchase. If you purchase third party Products from Play Store using your account balance (or your account balance together with another payment option), then such payment to us will be deemed payment to that third party, and you will have no further payment obligation to the third party.
You may not use your account balance for certain in-app subscriptions or purchases or to obtain cash or cash substitutes (e.g., gift certificates), except where required by law. Play Store may impose additional purchase restrictions or exclusions. CUBIOS doesn't issue refunds for Products purchased from Play Store , except where required by law. If we accept a return (including if we do so on behalf of a third party whose Products you have purchased), we will credit your WOWCUBE account with the same amount of CubiCoin that was used to purchase the returned Products.
2.5 Do any restrictions apply to the use of the CubiCoin in my WOWCUBE account at Play Store? The following restrictions and requirements apply:
Your ability to redeem a WOWCUBE gift card to your WOWCUBE account and use that CubiCoin at Play Store may require certain hardware or software specifications, including Internet access service (connect time charges may apply).
Gift Card can be purchased for a retail price set in a certain currency in the jurisdiction that recognizes such currency as an official currency, and then may only be used at Play Store. Your account balance shall only be in CubiCoin and cannot be converted to any currency.
Your WOWCUBE account balance is non-transferable to another person or WOWCUBE account.
Your ability to redeem a gift card or receive refunds to your WOWCUBE account, use that CubiCoin to make purchases at Play Store, or to purchase and send a gift card may be subject to additional restrictions as determined by CUBIOS from time to time in its sole discretion. For further information about these additional account balance restrictions, see Limits on the CubiCoin in your WOWCUBE account.
We may further restrict your ability to access or use your WOWCUBE account balance or require you to use a different payment option to complete a transaction, in order to prevent fraud or unauthorized use.
3. Suspension; termination; forfeiture
If you violate the terms of this Agreement, we may take any action against you that we deem appropriate, including suspending or terminating access to your WOWCUBE account or any balance in your account, or your right to purchase or redeem gift cards or to purchase Products. During a suspension, you won't lose the CubiCoin in your account, except for any promotional value that may expire during the suspension period. We won't credit your WOWCUBE account for any promotional value that expires during the suspension period for any reason.
If we close your WOWCUBE account, we will refund to you any remaining balance to the extent required by law. However, we won't refund any promotional balance. If you have a gift card that you have not redeemed, you will not be able to use that gift card to redeem to your WOWCUBE account and we will not refund to you the cost of that gift card. These rules are subject to certain additional conditions that CUBIOS may impose from time to time.
If a refund is required, we reserve the right to withhold any balance in your account to cover any damages that we incur. If you voluntarily close your WOWCUBE account, we will refund to you any remaining balance in your account where required by law except for any promotional balance, subject to certain conditions that WOWCUBE may impose from time to time, unless we, in good faith, suspect fraud or misuse of your WOWCUBE account, in which case you may not receive a refund.
4. Notices to parties
This Agreement is provided in electronic form. We may provide you information in electronic form about this Agreement, your account balance, and any information the law requires us to provide. We may provide required information to you by email at the address you specified in your WOWCUBE account, or on certain CUBIOS websites. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive information electronically, you must stop using your account balance.
5. Customer service
For any questions or disputes regarding your gift card purchases, access and use of your account balance, issues with Products purchased using your account balance, or to report the unauthorized use of your account balance, please contact WOWCUBE Customer Support.