TOFFEE PAY TERMS OF USE

Last Updated: April 25th, 2025

1. ACCEPTANCE OF TERMS

These Terms of Use ("Terms") constitute a legally binding agreement between you and Galactica Games Inc., dba Toffee Pay ("Toffee Pay," "we," "our," or "us") governing your access to and use of our in-game commerce platform, website (Toffee Pay.com), and related applications (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

2. SERVICES DESCRIPTION

Galactica Games Inc. dba Toffee Pay operates as the Seller of Record for all products purchased through our in-game e-commerce platform that allows players to purchase real-world goods within participating games. Our Services operate as an in-game iFrame where players who achieve certain tasks, complete levels, or finish quests may be offered discounts on real-life goods from participating brands. As the Seller of Record, Toffee Pay is responsible for all aspects of the transaction, including purchasing products from suppliers, selling products to consumers, handling sales, returns, and refunds.

Toffee Pay utilizes Google Cloud Platform for all of its infrastructure with appropriate redundancies and data protection measures to ensure a secure and reliable service.

3. PRODUCT OWNERSHIP

All products offered for sale through the Toffee Pay platform are owned by Toffee Pay. When you make a purchase, legal ownership of the product transfers directly from Toffee Pay to you upon successful completion of your purchase. Our suppliers and fulfillment partners act on behalf of Toffee Pay to source and deliver products, but they are not the sellers of the products you purchase.

4. ELIGIBILITY

To make purchases through our Services, you must be at least 13 years of age. If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you may only use our Services with the involvement and consent of a parent or guardian. By using the Services, you represent and warrant that you meet these eligibility requirements.

5. USER ACCOUNTS

5.1 Account Creation

You may need to create an account to access certain features of our Services. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

5.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. We cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your account.

6. ORDERS AND PURCHASES

6.1 Order Placement

When you place an order through our Services, you make an offer to purchase the products from Toffee Pay at the specified price. We reserve the right to accept or decline your offer at our sole discretion. Upon acceptance of your order, Toffee Pay purchases the product from our suppliers and becomes the legal owner of the product before selling it to you.

6.2 Pricing and Payment

All payments made through our Services are for products sold by Toffee Pay. When you make a payment, you are paying Toffee Pay directly as the seller of the products, not for products sold by third parties.

6.3 Order Acceptance

Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to limit or cancel orders at our sole discretion, including in cases of pricing errors, suspected fraud or abuse, or violation of these Terms.

6.4 Taxes

As the Seller of Record, Toffee Pay is responsible for calculating, collecting, and remitting applicable sales tax, value-added tax, or similar transaction-based taxes where required by law. The tax rates applied to your purchase will be determined based on various factors, including your shipping address, the type of product purchased, and applicable tax laws.

7. RETURNS AND REFUNDS POLICY

7.1 Return Eligibility

All returns must be initiated within a maximum period of 14 days from the date of delivery, unless local law in your jurisdiction requires a shorter period. The specific return window applicable to your purchase will be clearly communicated at checkout ( See Appendix for more details). To be eligible for a return, items must be in their original condition, unworn, unwashed, undamaged, with all tags attached and original packaging intact.

7.2 Return Process

To initiate a return, contact us at support@toffeepay.com with your order number and the reason for return. You will receive return instructions, including shipping address and required documentation.

7.3 Return Shipping Costs

Return shipping costs are the responsibility of the customer and are non-refundable. We may charge a variable shipping fee based on the item size, weight, and destination. This fee will be clearly communicated to you before finalizing your return.

7.4 Handling, Restocking, and Processing Fees

A variable handling, restocking, and processing fee may be applied to all returns at Toffee Pay's discretion. This fee will be determined based on the product category, condition of the returned item, and processing requirements. The specific fee will be clearly communicated before you finalize your return.

7.5 Refund Timeline and Method

Once we receive and inspect the returned item, we will notify you of the acceptance or rejection of your refund request. If approved, we will process your refund. The timing of the refund will depend on your payment method and financial institution. Refunds will be issued to the original payment method used for the purchase, minus any applicable return shipping costs and handling/processing fees. You will receive a confirmation email when your refund has been processed.

7.6 Non-Returnable Items

The following items cannot be returned:

• Personalized or custom-made products
• Digital products or downloadable content including e-gift cards
• Items marked as final sale or clearance
• Intimate apparel, swimwear, or health and personal care items (for hygiene reasons)
• Gift cards

7.7 Damaged or Defective Items

If you receive a damaged or defective item, please contact us at support@toffeepay.com within 48 hours of delivery with photos of the damage and packaging. As the Seller of Record, Toffee Pay is responsible for handling all warranty claims and may offer a replacement or refund at our discretion.

7.8 Jurisdiction-Specific Provisions

The returns and refunds policy may vary by jurisdiction to comply with local consumer protection laws. Jurisdiction-specific provisions, where applicable, will be provided as an addendum to these Terms or at the time of purchase.

7.9 SHIPPING AND FULFILLMENT

Toffee Pay may use third-party fulfillment partners to store, process, and ship products to you. These fulfillment partners act on behalf of Toffee Pay and are not selling products to you directly. While we work with these partners to provide timely delivery, Toffee Pay remains responsible for your order and is your point of contact for all order-related inquiries.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Our Intellectual Property

The Services and all content, features, and functionality, including but not limited to all information, software, text, displays, images, video, audio, design, and the selection and arrangement thereof, are owned by Toffee Pay, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use, subject to these Terms.

8.3 Restrictions

You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials from our Services
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text
• Delete or alter any copyright, trademark, or other proprietary notices
• Access or use the Services for any commercial purposes
• Decompile, reverse engineer, or attempt to access the source code of our Services

9. PROHIBITED CONDUCT

You agree not to:

• Use the Services in any way that violates applicable laws or regulations
• Impersonate or attempt to impersonate Toffee Pay, a Toffee Pay employee, or another user
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
• Use the Services in any manner that could disable, overburden, damage, or impair the site
• Use any robot, spider, or other automatic device, process, or means to access the Services
• Introduce any viruses, trojan horses, worms, logic bombs, or other harmful material
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Services
• Make fraudulent purchases or returns

10. USER CONTENT

10.1 Submission of Content

If you submit reviews, comments, or other content to our Services, you grant us a non-exclusive, perpetual, irrevocable, transferable, royalty-free license to use, reproduce, modify, publish, distribute, and display such content.

10.2 Content Standards

Any content you submit must comply with all applicable laws and regulations and must not:

• Contain defamatory, obscene, indecent, abusive, offensive, or sexually explicit material
• Promote discrimination, bigotry, racism, hatred, or harm against any individual or group
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights
• Contain any material that is false, inaccurate, or misleading
• Invade another's privacy or impersonate any person or entity

11. THIRD-PARTY CONTENT AND LINKS

Our Services may contain links to third-party websites or content. These links are provided for convenience only. We have no control over, do not endorse, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

12. BRAND PROTECTION

12.1 Brand Ownership

All brands featured in our Services are the property of their respective owners. Nothing in these Terms shall be construed as granting any license or right to use any brand marks without the prior written permission of the brand owner.

12.2 Our Brand Partners

We partner with renowned fashion and retail brands, including [Placeholder for specific brand partners]. All products purchased through our platform are authentic and sourced directly from these brand partners or their authorized distributors. As the Seller of Record, Toffee Pay purchases these products from our brand partners or their authorized distributors before selling them to you.

12.3 Counterfeit Products

We take brand protection seriously and implement measures to ensure all products offered through our Services are authentic. We do not knowingly sell or permit the sale of counterfeit products. If you believe counterfeit products are being offered through our Services, please contact us immediately at support@toffeepay.com.

13. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14. LIMITATION OF LIABILITY

AS THE SELLER OF RECORD, TOFFEE PAY'S LIABILITY IS LIMITED AS FOLLOWS:
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOFFEE PAY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES IS LIMITED TO THE GREATER OF (1) THE AMOUNT YOU PAID TO USE OUR SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (2) $100.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Toffee Pay and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

16. TERMINATION

We may terminate or suspend your access to all or part of the Services, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

17. GOVERNING LAW AND DISPUTE RESOLUTION

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the transaction occurs, without regard to its conflict of law principles.

17.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or our Services shall first be attempted to be resolved through informal negotiations. If such negotiations fail, the dispute shall be resolved through the appropriate legal channels in the jurisdiction where the transaction occurred.

17.3 Class Action Waiver

You agree that any proceedings to resolve disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section shall be null and void.

18. CHANGES TO TERMS

We may revise these Terms at any time by posting the updated terms on our website. Your continued use of the Services after any changes to these Terms constitutes your acceptance of the revised Terms.

19. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

20. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy (https://toffeepay.com/privacy-policy), constitute the entire agreement between you and Toffee Pay regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

21. CONTACT INFORMATION

For questions about these Terms, please contact us at:

Email: support@toffeepay.com 
Website: Toffee Pay.com
Galactica Games Inc. dba Toffee Pay