Date Last Revised: September 12, 2024
This Privacy Policy describes how Pajily Labs, LLC ("Pajily”, "we", "our", and "us") collects, uses, processes, discloses, shares, transfers, and protects your personal information or data when you:
access the website http://www.pajily.com/, as well as any other media form, media channel, mobile website related, linked, or otherwise connected thereto which is controlled by the Pajily (collectively, the “Website”);
use Services (including mobile user application and browser extension) provided by Pajily as described in our <Terms of Service> (collectively, the “Services”); and
provide us with your personal data.
This Privacy Policy (together with our <Terms of Service> and any other documents referred to herein) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed, used and/or disclosed by us. Please read the following carefully to understand our practices in processing your personal data, as well as your rights regarding your personal data and how we will treat it.
By visiting our Website and/or submitting data to us, you are accepting and consenting to the collection, use, disclosure and processing of your personal data as described in this Privacy Policy. Please refrain from accessing the Website and do not provide any personal data to us if you disagree with the terms of this Privacy Policy.
We may change or amend this Privacy Policy from time to time without notice to you, in compliance with applicable laws or as we update our data usage and handling processes. Any changes we may make to this Privacy Policy in the future will be made available on our website and any such changes will become effective upon posting of the revised Privacy Policy. The updated Privacy Policy will supersede earlier versions and will apply to personal data provided to us previously. Please check back frequently to see any updates or changes to our Privacy Policy.
For the avoidance of doubt, this Privacy Policy forms a part of the terms and conditions governing your relationship with us. This Privacy Policy supplements but does not supersede or replace any other consents you may have provided to us, or any other agreements or arrangements that you may have with us, in respect of your personal data.
For any questions or feedback in relation to this Privacy Policy or your personal data, or if you wish to make a complaint to us, please submit your requests, feedback or complaint to legal@pajily.com.
When you contact us, we may require that you submit certain forms or provide certain information, including verification of your identity, before we are able to respond.
“Personal data” is data that can be used, separately or together with other information, to identify a natural person. Examples of personal data include name, email address, IP address based on your activities on our Website, and any other information of a personal nature.
We may collect and process personal data provided directly by you. We also process, insofar as necessary, personal data provided to us by third parties, including publicly accessible data, personal data legitimately provided by other group companies, personal data collected through your use of our (or our service provider’s) digital technologies and services and/or purchase our products, and personal data provided by other trusted third parties (including our service providers).
You are responsible for ensuring that all personal data that you provide to us is true, accurate, and complete. You are responsible for informing us of any changes to your data in writing, so that we may take all reasonable measures to keep our records of your personal data correct and up to date.
When our collection is based on consent, you have the choice, at any time, not to provide your personal data to us or to withdraw your consent previously provided to us. However, do note that if you do so, we may be unable to fulfill the purposes for which we require the personal data, continue to fulfill any contractual relationship which may be in place between us.
In certain circumstances, you may also provide us with personal data of persons other than yourself (such as your officers, employees, agents, customers, family members and next-of-kin). If you do so, you represent and warrant that you have brought this Privacy Policy to his/her attention, informed him/her of the purposes for which we are collecting his/her personal data and that he/she has consented to your disclosure of his/her personal data to us for those purposes and accepts this Privacy Policy. You agree to indemnify and hold us harmless from and against any and all claims by such individuals relating to our collection, use and disclosure of such personal data in accordance with the terms of this Privacy Policy.
1.1. Personal data you give us
You may voluntarily give us your personal data by filling in forms on the Website, using the Services or by corresponding with us by phone, e-mail or otherwise. This includes personal data you provide when you register on the Website, when you use our Service whether directly via the Website or indirectly via our business partners’ platform to whom we provide our Services or when you report a problem with the Website. See Clause 1.3 for more information on how we collect your personal data.
Examples of personal data you may provide to us include (depending on the nature of your interaction with us) your name, email address, and any other information relating to any individuals which you have provided to us in any forms submitted to us, or via other forms of interaction with you. See Clause 1.2 for more information on the types of personal data we may collect from you.
1.2. Personal data and/or information we collect about you
With regard to each of your visits to or use of our Website, we may collect the following information and/or personal data that are relevant to our relationship with you, as well as copies of documents verifying such information:
(a) technical information, including but not limited to the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, and information relating to your operating system and platform; and
(b) information about your visit and use of our Website, including but not limited to the full Uniform Resource Locators (URL) clickstream to, through and from our Website (including date and time), download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
You hereby agree that we are entitled to collect and use the above-listed personal data and/or information you have provided on our Website or generated through your use or access of our Website for the purposes listed in Clause 2 of this Privacy Policy.
Apart from personal data, we may collect other types of information which are not related to an individual and which are anonymous. For example, the number of website visitors and the number of website users using a particular service.
1.3. How we collect your personal data
We may collect your personal data directly or indirectly through various channels, such as:
(a) when you log in, visit, use, access our Website;
(b) when you use our Services by interacting with our business partners’ platform;
(c) when you authorize us to obtain your personal data from a third party;
(d) when you enter into agreements with us;
(e) when you transact with us, contact us or request that we contact you through various communication channels, for example, through social media platforms, messenger platforms, face-to-face meetings, emails and letters;
(f) when you attend events or functions organized by us;
(g) we seek information about you and receive your personal data in connection with your relationship with us;
(h) when you submit your personal data to us for any other reason;
(i) when you voluntarily complete any user survey or provide feedback to us via emails or any other electronic channels;
(j) through automated data collection technologies upon visiting our Website; and
(k) in other situations where we may collect your information as may be described in this Privacy Policy or in our terms and conditions.
1.4. Personal data we receive from other sources and third parties
Depending on your relationship with us, we may also collect and receive your personal data from third party sources, for example, from:
(a) public databases, public agencies, other public sources, credit bureaus, blockchain data;
(b) third parties whom you have authorized us to obtain your personal data from;
(c) our business partners such as third parties providing services to us (including but not limited to, our ID verification partners, marketing partners, advertising partners, our sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers and credit reference agencies); and/or
(d) your family members or friends who provide your personal data to us on your behalf.
(e) We may also receive personal data about you if you use any of the other websites or platforms we operate (or operated by our affiliate or related companies), or other services we (or our affiliate or related companies) provide.
2.1. General purposes
We collect, use, disclose and process your personal data, including data provided by you, data we collect about you and data provided by third parties, in the following ways and upon the following grounds:
(a) for the fulfillment of contractual obligations and/or transactions entered into between you and us, and to provide you with the information;
(b) facilitating the use of our Website or our Services including verifying, authenticating and/or establishing your identity;
(c) facilitating business asset transactions;
(d) to notify you about changes to our products and/or services published on the Website from time to time;
(e) where it is strictly necessary (i.e. to protect the vital interests of the users or other natural persons, to fulfill the purpose of public interest, or to pursue our reasonable interests);
(f) security purposes, e.g. to monitor and detect suspicious activities, to protect users from fraudulent activities, to protect our Website, users' accounts, and archives from unauthorized access or usage, to prevent damage to our Website and systems, and to protect against automated abuse such as spam, and phishing;
(g) communicating with you (through messages, emails, live chats or otherwise) and assisting you with your queries, requests, applications, complaints and feedback;
(h) resolving any disputes or legal claims, investigating any complaint, claim or dispute or any actual or suspected illegal or unlawful conduct;
(i) administrative purposes, including finance, IT and HR purposes, quality assurance and staff training, and compliance with internal policies and procedures, including audit, accounting, risk management and record keeping;
(j) carrying out research and statistical analysis, including the development of new products and services or evaluation, and improvement of our existing products and services (including but not limited to, gaining better understanding of users' needs and behaviors, diagnosing any problems with our server, and quality assurance);
(k) performing data analytics and related technologies on data, to enable us to deliver relevant content and information to you, and to improve our websites and digital platforms (e.g. ensuring that content from our Website is presented in the most effective manner for you and for your computer);
(l) managing and engaging third parties, data processors or subcontractors that provide services to us, e.g. IT services, technological services, delivery services, and other professional services (e.g. accountants, lawyers and auditors);
(m) such purposes that may be informed to you when your personal data is collected; and/or
(n) any other reasonable purposes related to the aforesaid.
Subject to the terms of this Privacy Policy, we shall not use or process your personal data for purposes other than the purposes stipulated in this Privacy Policy without your prior consent. Where your personal data is used for a new purpose and where required under applicable law, we shall obtain your consent. We may collect, use, disclose and process your personal data for other purposes, without your knowledge or consent, only where this is required or permitted by law.
We may, if necessary or required by law, provide your personal data to law enforcement agencies, regulatory organizations, courts or other public authorities. Where appropriate, we will attempt to notify our customers about legal demands for their personal data. You agree that we may not be able to do so if such notification is prohibited by law or court order, when the request is an emergency, or when the burden or expense of notifying the customers would be unreasonable to us. We may dispute such demands when we believe that the requests are disproportionate, vague or lack proper authority, but we do not promise or undertake to challenge every demand.
2.2. Marketing purposes
In order for us, or for authorized third parties permitted by us, to market or advertise products, events, and/or services that are of specific interest and relevance to you, we may analyze, use, process and/or rely on your personal data provided to us, or data collected from your interactions with us. However, no marketing or advertising, using your personal data in non-aggregated and/or identifiable form would be carried out unless you have provided us with your consent to use your personal data for such marketing or advertising purposes. If you do not want us to use or process your personal data for the purposes of marketing or advertising, you can withdraw your consent at any time by contacting us. You can exercise your right to prevent such use or processing by checking certain boxes on the forms we use to collect your personal data. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS or other means) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you, subject to your consent. If you are a new customer, and where we permit selected third parties to use your data for marketing or advertising purposes, we (or they) will contact you by electronic means only, subject to your consent.
2.3. Legitimate business interests
We may also collect, use, disclose and process your personal data for the following purposes to safeguard, support and/or carry out our legitimate business interests such as:
(a) processing of personal data for the purposes of our daily operations including billing and debt collecting;
(b) managing our business and relationship with you (e.g. accurately carrying out and confirming your instructions, or for the purposes of providing you with rebates and other benefits), and providing products and/or services to our customers;
(c) assistance of carrying out corporate restructuring plans;
(d) protecting our rights and interests, and those of our customers (e.g. processing of your data for the protection of our legal position in the event of legal proceedings);
(e) processing for the purpose of reporting possible criminal acts (e.g. fraud) or threats to public security to competent authorities;
(f) enforcing our terms and conditions, and obligations owed to us, or protecting ourselves from legal liability;
(g) managing our investor and shareholder relations;
(h) complying with internal policies, procedures, and operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; and/or
(i) process or share your personal data to facilitate acquisitions, mergers, or transfers of our business.
3.1. Where we store your personal data
The security of your personal data is our top priority. We shall take care in implementing and maintaining the security of our Website, as well as that of your personal data. We employ procedures and policies that incorporate industry best practices to ensure the integrity of your personal data and to prevent instances of unauthorized use.
Please note that it is impossible to fully guarantee the security of your personal data. While we take reasonable steps to safeguard your personal data in our possession or under our control, you agree not to hold us liable or responsible for any loss or damage resulting from any unauthorized or unintended access that is beyond our control (e.g. hacking or cybercrimes), or abuse of your information. We recommend that you take independent safety precautions to protect your personal data, particularly your credential information such as your username and password. You hereby agree that we shall not be liable for any information leakage and other losses not caused intentionally or otherwise by our gross negligence, including, but not limited to, hacker attacks, power interruptions, or unavoidable technical failures. For the avoidance of doubt, we do not make any warranty, guarantee, or representation that your use of our systems or applications is safe and protected from malware, and other vulnerabilities. We also do not guarantee the security of data that you choose to send us electronically. Sending such data is entirely at your own risk.
3.2. For how long will your personal data be stored?
We will process and store your personal data for as long as it is necessary in order to fulfill the purposes we collected it for, and to satisfy our business, contractual, legal, regulatory and/or statutory obligations (including audit, accounting or reporting purposes). We may thus be required to retain certain information, including personal data or information of users, users' profiles, identification verification materials, account information, account agreements, and other agreements between us and third parties, account statements, and other records, for an extended period of time.
We will assess and respond to requests to delete personal data and we shall accordingly delete personal data provided that the personal data is no longer required in order to fulfill our business, contractual, legal, regulatory and/or statutory obligations, or the fulfillment of any obligations to preserve records according to applicable laws and regulations.
In general, how long we keep your personal data depends on the nature of the data, e.g. we keep personal data for at least the duration of the limitation period for bringing claims if the personal data may be required to commence or defend legal proceedings. Some information may also be retained for longer e.g. where we are required to do so by law.
3.3. Anonymized data
In some circumstances we may anonymize and/or aggregate your personal data so that it can no longer be associated with you, in which case we are entitled to retain and use such data without restriction.
Your personal data may be made available, disclosed or shared to our related parties and/or within our group of companies in order to provide our Website access to you, for management and compliance purposes, and to utilize shared group IT functions.
We may share, transfer, disclose, or allow access to your personal data to third parties in connection with the purposes described in Clause 2, including without limitation the purposes described below:
(a) to operate and/or improve our Website, Services and/or products and/or services introduced by us from time to time on our Website;
(b) to carry out or aid in certain functions during the account opening, updating and/or maintenance process, such as, but not limited to, account processing, surveillance, reconciliation, execution, document retention requirements, and document dissemination;
(c) to process payments which you have authorized (e.g. disclosure to financial institutions that we have partnered with);
(d) if we are discussing selling or transferring part or all of our business, to a purchaser of our business. The information may be transferred to prospective purchasers under suitable terms as to confidentiality;
(e) if we are reorganized or sold, information may be transferred to a buyer who can continue to provide the applications and related services to you;
(f) to facilitate account closing where you have a deficient balance, or upon excessive instances where you do not have sufficient funds in your account;
(g) to third parties that provide services to us, such as, but not limited to, data providers, technology providers, consulting, sales, client support operations, payment processing, authentication services, professional services (including accountants, lawyers and auditors), and technical support or services;
(h) to third parties in order to fulfill such third-party products and/or services as may be requested or directed by you;
(i) if we are defending a legal claim your information may be transferred as required in connection with defending such claim;
(j) to law enforcement agencies, authorities, public agencies and government officials, or other third parties when we are compelled to do so by a subpoena, court order, or similar legal procedure, or when we believe in good faith that the disclosure of personal data is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of any of our terms and conditions, or any other applicable policies; and
(k) other circumstances under which we may disclose your personal data such as:
i. to comply, as necessary, with applicable laws and regulatory requirements;
ii. respond to mandatory legal or governmental requests or demands for information;
iii. meet national security requirements;
iv. enforce our agreements, policies, procedures and/or Terms of Service;
v. protect ourselves, our affiliates, our users, our counterparties or the general public from illegal activities; and
vi. to respond to an emergency that requires disclosure of your personal data.
You may freely opt-out of having your personal data shared with third parties (or for any of the above listed purposes), or from allowing us to use your personal data for any purpose that is incompatible with the purposes for which we originally collected or subsequently obtained your authorization as stipulated in this Privacy Policy. Please contact us if you wish to opt-out.
We will ensure that all companies and/or third parties to whom we disclose your personal data will only process it in accordance with our instructions and on our behalf. We will, where appropriate and permissible, enter into contracts with these third parties to protect your personal data in a manner that is consistent with all applicable laws. All such companies and third parties will be required by us to meet the requirements of applicable data protection legislation and our strict privacy and retention policies to keep your personal data secure at all times.
You agree and acknowledge that we may transfer your personal data to different jurisdictions in connection with the purposes described in this Privacy Policy:
(a) from the jurisdiction where it is collected (or where you are located) to any other jurisdictions that we operate in; and
(b) to third parties in other jurisdictions.
When we transfer your personal data internationally and where required by applicable law, we will put in place appropriate safeguards. You may obtain details of these safeguards by contacting us.
Our Website and our Services may contain links to other websites or platforms that are not owned or maintained by us. These links are provided only for your convenience. You may also be accessing our Website through third party websites and/or platforms. This Privacy Policy only applies to our Website and our Services. When visiting third party websites or using their platforms, their privacy policies apply to their collection, use or disclosure of the personal data you disclose to them.
You hereby acknowledge that we shall not be responsible for the products, services, or descriptions of products or services that you receive from these third-party websites or platforms. This Privacy Policy shall not be applied to any such third-party products and services that you access through our Website. You knowingly and voluntarily assume all risks of using such third-party websites or platforms to purchase products and services, and you agree that we shall have no liability whatsoever concerning such third-party websites or platforms and your usage of them.
Depending on the jurisdiction that you are in or where we operate, you may enjoy certain rights under applicable law in relation to our collection, use, disclosure and processing of your personal data. Such rights may include:
(a) Access: you may ask us if we hold your personal data and, if we are, you can request access to your personal data free of charge. This enables you to receive a copy of and information on the personal data we hold about you;
(b) Correction: you may request for the rectification or correction of your personal data that is incomplete or inaccurate;
(c) Restriction: you may withdraw consent for our use or process of your personal data, or ask us to suspend the process of your personal data (e.g. if you want us to establish its accuracy);
(d) Objection: where we are processing your personal data based on a legitimate interest (or those of a third party), you may object to processing on this ground;
(e) Portability: you may request for the transfer of your personal data to another party under certain circumstances; and
(f) Erasure: you may request the erasure, deletion or removal of your personal data that we hold about you in certain circumstances.
If you wish to exercise any of your rights, you may contact us at legal@pajily.com We may require that you submit certain forms or provide certain information to process your request. Where permitted by law, we may also charge you a fee to process your request.
We may be permitted under applicable laws to refuse a request, for example, we may refuse (a) a request for erasure where the personal data is required for in connection with claims; or (b) an objection request and continue processing your personal data based on compelling legitimate grounds for the processing.
Date last revised: May 5, 2025
These Terms of Services (“Terms”), which shall be viewed as an agreement between an individual or entity user or authorized representative of such user (“you”, “your”, “user”) and Pajily Labs, LLC (“Pajily”, “we”, “us”, “our”), govern your access and use any Services (as defined in Section 3 of these Terms) as accessible through our website http://www.pajily.com/, as well as any other media form, media channel, mobile applications or any other website-hosted or mobile-user interface, products, and Services marketed, advertised, or marked by us with the name “Pajily” from time to time (collectively, the “Site”).
By accessing the Site and/or making payment for an Order to a Merchant (the “Order” and “Merchant" shall be defined below), you accept and agree to be legally bound by these Terms and all the terms incorporated herein by reference.
Pajily reserves the right to modify or replace any of these Terms in its sole discretion from time to time. The “Date Last Revised” specified on these Terms indicates the date on which the Terms were last modified. Please check these Terms periodically to ensure that you are aware of and in compliance with the most current version of these Terms. Any revision to the Terms shall take effect immediately upon such revised Terms being made accessible via the Services. Such revised Terms shall be binding on you, and by your continued access and/or use of the Site for purposes of participating in the Services, you shall be deemed to agree to and accept the Terms as revised.
THE SITE AND SERVICES IS DEVELOPED AND PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS BY PAJILY AND/OR ITS AFFILIATES, AND PAJILY AND ITS AFFILIATES (SAVE TO THE EXTENT PROHIBITED BY APPLICABLE LAWS) EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND IN RESPECT THEREOF. IF YOU ARE IN ANY DOUBT AS TO THE ACTION YOU SHOULD TAKE, YOU SHOULD CONSULT YOUR LEGAL, FINANCIAL, TAX AND/OR OTHER PROFESSIONAL ADVISOR(S). IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, OR PARTICIPATE IN THE SERVICES, AND YOU MUST CANCEL YOUR ACCESS IMMEDIATELY.
a. In these Terms, the following words, and expressions, whenever used in these Terms shall have the respective meanings indicated below:
“Applicable Laws” means any and all applicable federal, state, local and foreign statutes, laws, regulations, treaties, ordinances, rules, regulatory guidance, judgments, directives, orders, decrees and determinations of (or agreements with), and mandatory written direction from (or agreements with), a Governmental Authority, as amended and in force from time to time.
“Affiliate” means with respect to any person or entity, any other person or entity directly or indirectly controlling, controlled by or under common control with such person; and as used in this definition, “control” means the power to direct or cause the direction of the management or policies of a person or entity, whether through the exercise of voting power or by contract and “controlling” and “controlled by” shall have correlative meanings.
“Digital Asset” means any digital asset (including a virtual currency or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network.
“Governmental Authority” means any nation or government, any state or other political subdivision thereof, any entity exercising legislative, executive, judicial or administrative functions of or pertaining to government, including any government authority, agency, department, board, commission or instrumentality, and any court, tribunal or arbitrator(s) of competent jurisdiction, and any self-regulatory organization.
“Intellectual Property Rights” means any and all ownership or proprietary rights, rights of use or any other rights with respect to the domain names, patents and patent applications, trade secrets, trademarks and service marks, trademark and service mark registrations and applications (including, but not limited to Pajily trademark), any other trade names, design rights, logos, copyrights, copyright registrations and applications, and any other intellectual or industrial property right in connection or related to Pajily product.
“Merchant” refers to the entities listing Offerings available for you to purchase or subscribe to on their corresponding Merchant Platform.
“Merchant Platform" refers to a website, application backend, internet-based application or mobile phone-based application operated by or on behalf of Merchant and accessed by an user.
“Offering" refers to any relevant product, subscription and/or Services provided by the Merchant which you pay for using Supported Digital Assets;
“Order” refers to a request or instruction placed by you to make a payment for an Offering through our Services.
“Purchase Agreement” the agreement between you and the relevant Merchant(s) under which you purchase and/or subscribe to the relevant Offering.
“Supported Digital Asset” means a list of Digital Assets which is accepted by the Merchant for Offering purchase from time to time.
b. Acknowledgement of Risk: As with any asset, the value of Digital Assets can increase or decrease and there can be a substantial risk that you lose money buying, selling, holding, or investing in Digital Assets. You should consult your financial advisor, legal or tax professional regarding your specific situation and financial condition and carefully consider whether trading or holding Digital Assets is suitable for you.
2.1. The Site and Services are available only to entities and persons who have reached the age of legal majority and are competent to enter into a legal binding agreement under Applicable Laws.
2.2. By accessing or using the Site and/or Services, you represent to us that:
a. you are at least 18 years old, or the age of majority in your jurisdiction, whichever higher and have the full right, power, and authority to enter into and comply with these Terms of Use on behalf of yourself and any company or legal entity for which you may access or use the Site and Services. Persons under the age of 18 are not permitted to access to and/or use the Site and/or Services; and
b. your access and use of the Site and/or Services will fully comply with all applicable laws and regulations, and that you will not access or use the Site and/or Services to conduct, promote, or otherwise facilitate any illegal activity; and
c. you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as tokens, cryptocurrency, NFTs and other digital assets. In particular, you understand that blockchain-based transactions are irreversible and that we have no control over the operation of such networks; and
d. you have conducted an independent investigation of the Services and the matters contemplated by these Terms, have formed your own independent judgment regarding the benefits and risks of and necessary and desirable practices regarding the foregoing, and, in making the determination to use the Services, you have relied solely on the results of such investigation and such independent judgement; and
e. you irrevocably disclaim and disavow reliance upon any statements or representations made by or on behalf of, or information made available by Pajily, in determining to enter into these Terms or use the Services; and
f. you have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies or token trading activities; and
g. no investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity or practice; and
h. there is no legal proceeding pending that relates to your activities relating to the Services or other token- or digital asset- trading or blockchain technology-related activities; and
i. you are not:
(i) a citizen or permanent resident of, you do not have a primary residence in, and you are not physically located in (i) China, Cuba, Egypt, Hong Kong, Iran, Iraq, People’s Republic of Korea, Saudi Arabia, Syria, Ukraine or its territories or possessions; or (ii) any country (A) where participation in the Services is prohibited, restricted or unauthorized in any form and/or manner whether in full or in part under the laws, regulatory requirements, or rules in such jurisdiction or (B) where it is likely that the Digital Asset (as defined in Section 4) transactions would be construed as the transactions of a security (howsoever named), financial Services or investment products under the laws, regulatory requirements, or rules of such jurisdiction; and;
(ii) a Specially Designated National as identified by the Office of Foreign Assets Control of the U.S. Treasury Department; or on the Consolidated List of Targets maintained by the U.K. Office of Financial Sanctions Implementation of HM Treasury; or on the consolidated list of persons, groups, and entities subject to economic, financial sanctions, trade embargoes or export controls administered, enacted or enforced from time to time by the United States of America (“U.S.”), the United Nations Security Council, the European Union (“EU”), any EU member state, or the United Kingdom (regardless of its status vis-a-vis the EU), or any other jurisdiction.
3.1. By using our integration Services which is integrated to Merchant Platform, you can purchase goods or Services from a Merchant on the Merchant Platform. This includes but is not limited to:
a. making a purchase for Offerings using Supported Digital Assets at a Merchant Platform and selecting Pajily Services as your payment method at checkout; and
b. making a payment to a Merchant for goods or Services via scanning their respective QR code; and
(collectively referred to as “Services”)
3.2. We do not provide custody Services for the Supported Digital Assets. We do not provide, nor do we accept responsibility for, any legal, tax or accounting advice. We do not provide advice or any form of recommendation regarding the suitability/appropriateness of our Services.
3.3. No action we take nor the way we present any Supported Digital Asset should be taken as implying or indicating any preference by us of any particular Supported Digital Asset nor of approval or endorsement of any Supported Digital Asset.
4.1. In relation to all Offerings made available to you, you agree to a purchase agreement, which will be provided by the Merchant, in order to participate in the Offering.
4.2. You are responsible for ensuring that by agreeing to a purchase agreement and by purchasing or subscribing to any Offerings you are in compliance with all Applicable Laws applicable to you, and for ensuring that:
a. you have full and proper right, power, permission and authority to purchase or subscribe to Offerings;
b. any restrictions, limitations and requirements in relation to the Offerings are complied with; and
c. you are responsible for understanding any policy on refunds and the existence or any absence of any refund rights in relation to any Offering you participate in.
4.3. We are not a party to, and do not accept any liability in relation to or as a consequence of, any purchase agreement (including as a result of any defect in or lack of performance in relation to any purchase agreement).
4.4. Refund. You understand and agree that any complaints, claims, disputes, chargebacks or refunds in relation to goods and/or Services provided by and purchased from a Merchant will be resolved between such Merchant and yourself, and Pajily will not be responsible for any refunds made or to be made by such Merchant.
5.1. Purchase Agreement. Although the payment is facilitated by our Services, all purchase agreement are determined by user and the Merchant. Pajily is not a party to any purchase agreement, which are solely between the user and the Merchant and is not responsible for ensuring the compliance with such terms or mediating or resolving any disputes with respect to such purchase agreement, including but not limited to any disputes arising out of or related to any intellectual property rights associated with digital content. You and the Merchant are entirely responsible for communicating, promulgating, agreeing to, and enforcing purchase agreement, and for resolving any disputes arising from any breach of any purchase agreement. You must comply with and fulfil the purchase agreement concerning any digital content, goods, or Services that it sells.
5.2. In using our Services, you at all times represent that you:
5.2.1. (if you are a body corporate) are duly organised and validly existing under the laws of the jurisdiction of your establishment, and have full power, authority and right to bind yourself to these Terms and to receive our Services, including as regards performing all actions and obligations under these Terms, which therefore constitute valid and legally binding obligations;
5.2.2. (if you are an individual) meet any age, residency, legal capacity, competency and all other requirements to receive our Services, including as regards performing all actions and obligations under these Terms, which therefore constitute valid and legally binding obligations;
5.2.3. are legally permitted under Applicable Laws to buy, hold and sell Supported Digital Assets using our Services;
5.2.4. are legally permitted under Applicable Laws to make payments in Supported Digital Assets for Offerings using our Services;
5.2.5. are not impersonating any other person;
5.2.6. will always provide us promptly with up-to-date, accurate, complete and not misleading responses to any request for information we may make in connection with our provision of Services, and ensure that any such information is at all times kept up-to-date, accurate, complete and not misleading;
5.2.7. have not received any advice from us in relation to the merits of entering into these Terms or any transaction, and you are solely responsible for any evaluations, decisions and actions regarding your entering into these Terms, including whether entering these Terms is suitable/appropriate for you;
5.2.8. will at all times act in accordance with Applicable Laws (including (but not limited to): in relation to sanctions, anti-money laundering, counter-terrorist financing, anti-corruption, anti-bribery and preventing the facilitation of tax evasion);
5.2.9. will not interfere with, damage or disrupt any equipment or network or software used by any third party provider;
5.2.10. acknowledge you are responsible for your tax obligations, and that tax treatment depends on your individual circumstances and may be subject to change in future;
5.2.11. have independently (or with the assistance of an independent advisor) determined that our Services are suitable/appropriate for your requirements;
5.2.12. have read, understood and agreed to our Privacy Policy;
5.2.13. authorise us to deposit and / or pull Supported Digital Assets to and from your cryptoasset wallet as beneficial to our provision of our Services to you;
5.2.14. will not attempt to circumvent the security of or interfere with the proper working of our Services, and you will not otherwise introduce, nor permit the introduction of, any virus into any of our systems; and
5.2.15. provide us with whatever information we may request for the purposes of satisfying our own regulatory, compliance and contractual obligations, including identification checks, money laundering checks, prevention of terrorist financing, KYC checks, and preventing any suspected fraud.
6.1. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
6.2. You agree not to:
6.2.1. Post, upload, publish, submit or transmit any user content: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
6.2.2. Access or use the Services to copy, modify, or create derivative works of the Services or any related software or code, or reverse engineer, disassemble, decompile, decode, adapt, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to the Services, or otherwise attempt to derive or gain access to any software component of the Services, including those of third parties;
6.2.3. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
6.2.4. Impersonate or misrepresent your affiliation with any person or entity;
6.2.5. Create or list counterfeit items;
6.2.6. Engage or assist in any activity that violates any Applicable Laws, or sanctions program, or that involves proceeds of any criminal or fraudulent activity (including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Services);
6.2.7. Intimidate or harass any person or entity, or falsely state or otherwise misrepresent the other user or their affiliation with any person or entity;
6.2.8. Damage, disable, overburden, or impair the functionality of the Site in any manner;
6.2.9. Upload, post, transmit, distribute, or otherwise make available any material that contains software viruses, malwares, ransomwares or spywares or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware, mobile devices or telecommunications equipment or any other technologies that may harm the Site or the interests or property of the users or of Pajily;
6.2.10. Export or re-export any applications, code or tools developed by and proprietary to Pajily except as in strict compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
6.2.11. Use any robot, spider, crawler, scraper, or other automated means or interface not provided or authorized by Pajily to access the Site or to extract data or information from the Site;
6.2.12. Commercialize any application, code, or any information or software associated with such application and/or the Site without the prior consent of Pajily;
6.2.13. Upload, post, transmit, distribute, store, or otherwise make publicly available on the Site any personal data of users, or of any third-party without the person’s prior explicit consent;
6.2.14. Harvest or otherwise collect information or data about users without their consent or use automated scripts to collect information from or otherwise interact with the Site;
6.2.15. Upload, post, transmit, distribute, store, or otherwise make available content that, in the sole judgment of Pajily, is objectionable, misleading or which restricts or inhibits any other person from using the Site, or which may expose Pajily or its users to any harm or liability of any type;
6.2.16. Upload, post, transmit, distribute, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offence;
6.2.17. Copy, modify, distribute, sell, or lease any part of the Site;
6.2.18. Reverse engineer or attempt to extract the source code of the Site;
6.2.19. Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Site, or third parties;
6.2.20. Infringe upon or violate the rights of Pajily, the users or any third party;
6.2.21. Fabricate in any way any transaction or process related thereto;
6.2.22. Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services;
6.2.23. Facilitate or assist another person to do any of the above acts.
7.1. Intellectual Property Rights and all other proprietary rights in relation to the content available on the Site (including but not limited to software, mobile software, algorithms, codes, audio, video, text, animations, files, photographs designs, graphics, layouts, images, video, information, and their selection and arrangement) (hereinafter, the “Site Content”) are the exclusive property of Pajily and its licensors. Pajily or its licensors’ rights to the Site Content include rights to:
a. The Site; and
b. All designs, layouts, software, displayed, and technical information associated with the Site.
7.2. All Intellectual Property Rights in the Site Content not expressly granted herein are reserved to Pajily. All copyright and other proprietary notices shall be retained on all reproductions.
7.3. Any other use of the Site Content, including without limitation distribution, reproduction, modification, making available, communication to the public, publicly performance, frame, download, display, or transmission, in whole or in part, without the prior written consent of Pajily is strictly prohibited.
7.4. Pajily and its licensors own and shall retain all Intellectual Property Rights and other rights in and to the Software, and any changes, modifications or corrections thereto, subject to open source software used in relation to the Site.
7.5. Pajily, together with its licensors expressly reserve all Intellectual Property Rights in all text, programs, products, processes, technology, content, source code, object codes, layouts, and other materials, which appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. Any use of the Site, including copying or storing it or them in whole or part, other than for own personal, non-commercial use, is prohibited without the prior written consent of Pajily.
7.6. The Site and any Services, including their design elements or concepts and any and all underlying Intellectual Property Rights, including, but not limited to any registered trademarks, are the property of Pajily, and are protected by copyright, patent, trade secret and other Intellectual Property Rights laws. Pajily and its licensors retain any and all rights, title and interest in and to the Site and the Services (including, without limitation, all Intellectual Property Rights), including all copies, modifications, extensions and derivative works thereof. The user’s right to use the Site and the Services is limited to the rights expressly granted in these Terms. No licenses to use any of trademarks or any other brands are to be inferred or assumed pursuant to the use of any Services. All rights not expressly granted to the user are reserved and retained by Pajily, the Project and their licensors.
7.7. The user expressly agrees not to duplicate, copy, transmit, distribute, license, reverse engineer, modify, publish, reuse or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Intellectual Property Rights of Pajily or any Projects without the express prior written consent of Pajily. The users shall not infringe the Intellectual Property Rights of Pajily, or any third party.
7.8. All other third-party trademarks, registered trademarks, and product names mentioned on the Services or displayed on the Services are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, Services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Pajily.
The Services may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, Services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Site, you are bound by the terms and conditions (including privacy policies) of another website or destination. These Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of Pajily and may be “open” applications for which no recourse is available. Pajily is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. Pajily provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or Services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.
THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. PAJILY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) REGARDING ITSELF, THE SERVICES, THE SITE, AND THE TRANSACTIONS CONTEMPLATED BY THESE TERMS. PAJILY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THEY DO NOT CONTAIN ANY WEAKNESSES, VULNERABILITIES, OR BUGS.
PAJILY MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICES DOES NOT INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, THAT THE SERVICES WILL NOT INCIDENTALLY INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS BY NATURE OF ITS OPERATION. PAJILY CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT USERS DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND WILL NOT HOLD PAJILY RESPONSIBLE FOR ANY BREACH OF SECURITY.
PAJILY WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) BLOCKCHAIN NETWORKS, CRYPTOCURRENCY WALLETS OR CORRUPT FILES; (IV) UNAUTHORIZED ACCESS TO SERVICES; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK.
THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICES OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICES, AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE, AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE SERVICES CAUSED BY SUCH FACTORS.
TO THE MAXIMUM EXTENT PERMITTED BY ALL APPLICABLE LAWS AND REGULATIONS, YOU, FOR AND ON BEHALF OF ALL NATURAL AND LEGAL PERSONS WHO MAY CLAIM THROUGH OR UNDER YOU, ON YOUR BEHALF, OR OTHERWISE IN RESPECT OF YOU, RELEASE AND FOREVER DISCHARGE PAJILY AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, ATTORNEYS, AND ADVISERS, AND ALL OF ITS AND THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS AND CAUSES OF ACTION OF ANY KIND WHATSOEVER, WHETHER UNDER COMMON LAW, STATUTORY, CONTRACTUAL, TORTIOUS, EQUITABLE, OR OTHERWISE, AND ALL LOSSES, DAMAGES, TAXES, LIABILITIES, COSTS, AND EXPENSES, WHICH YOU HAVE, EVER HAD, MAY HAVE, OR HEREAFTER MIGHT HAVE, WHETHER KNOWN OR UNKNOWN, NOW EXISTING OR WHICH MIGHT ARISE OR ACCRUE HEREAFTER, RELATING TO OR ARISING FROM THE MATTERS LISTED IN THIS SECTION.
10.1. Your liability
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Pajily, its affiliates, officers, directors, agents, partners and employees (individually and collectively, the “Pajily Parties”) from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of any kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”) arising out of or related to (a) your use or misuse of the Services, (b) your violation, misappropriation or infringement of any rights of another person or entity (including intellectual property rights or privacy rights), (c) your violation or breach of any term of these Terms or Law, (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your fraud, negligence or willful misconduct. You agree to promptly notify Pajily Parties of any third-party Claims, cooperate with Pajily Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Pajily Parties shall have control of the defense or settlement, at Pajily’ sole option, of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND PAJILY.
If Pajily is obligated to respond to a subpoena or other compulsory legal or court order or process relating to subject matter that is within the scope of your indemnity under this Section, you agree to reimburse Pajily its legal fees, as well as its employees’ and contractors’ time and materials spent responding to the subpoena or other compulsory legal or court order or process at reasonable hourly rates.
10.2. Pajily’s liability.
We shall not be liable for any loss:
10.2.1. as a consequence of:
a. any action or inaction of any Merchant or other third party to these Terms, including any dispute with any Merchant or third party;
b. any issue with any representation made by a Merchant, third party, Purchase Agreement or Offering (however you may have a right of recourse against the Merchant directly);
c. any exercise of discretion permitted to us under these Terms,
d. or us otherwise exercising any of our rights under these Terms;
e. any incorrect information provided via our dashboard;
f. any issue arising from the cancellation of an Order or the cancellation of a payment or subscription to an Offering;
g. any inability to access or use our Services and / or our dashboard;
h. any delay in processing an Order;
i. any representation made by you;
j. us blocking and / or allowing any Order, payment or subscription;
k. you paying for or subscribing to an Offering in a cryptoasset which is not a Supported Digital Asset for that Offering;
l. a fluctuation of the value of the Supported Digital Assets;
m. any action or inaction we take in order to comply with, or prevent a breach of, any Applicable Law; and
n. unforeseeable events and / or events outside of our reasonable control or caused by a third party.
10.2.2. in connection with the terms or performance (including lack thereof) of any purchase agreement or Offering;
10.2.3. which relates to a risk which you have accepted, or for which we have otherwise explicitly excluded responsibility.
IN NO EVENT SHALL PAJILY, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; (III) USE OF ANY CONTENT OBTAINED FROM OR GENERATED IN WHOLE OR IN PART BY THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF PAJILY FOR DAMAGES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO PAJILY FOR USE OF THE SERVICES, OR ONE HUNDRED U.S. DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PAJILY, AS APPLICABLE.
THE LIMITATIONS OF LIABILITY IN THIS SECTION PROTECT PAJILY’S AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISERS, AND REPRESENTATIVES OF PAJILY AND ITS AFFILIATES, AND ALL OF THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, AND ASSIGNS, TO THE SAME EXTENT THAT PAJILY IS PROTECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR SOME TYPES OF DAMAGES. TO THAT END, THE EXCLUSIONS OF WARRANTIES AND THE LIMITATIONS OF LIABILITY ARE TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE THAT PAJILY HAS ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PAJILY.
12.1. You will at all times during the term of these Terms:
12.1.1. provide us with any information we request for the purposes of verifying your identity (including if applicable that of any of your beneficial owners) and checks required in relation to prevention of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. This includes completing any verification procedures and customer identity checks that we may require in relation to our Services.
12.1.2. authorise us to make any inquiries, whether directly or through third parties, that we consider necessary to verify your identity or to protect you and/or us against fraud or other financial crime, and to take any action we deem necessary based on the results of such inquiries.
12.2. You acknowledge that your access to our Services may be altered, on an ongoing basis.
12.3. You acknowledge that in carrying out inquiries, your information may be disclosed by us to identity verification, credit reference and fraud prevention or financial crime agencies and that these agencies may respond to inquiries in full. This is an identity check only and should have no adverse effect on your credit rating.
12.4. You acknowledge that we may, at our sole discretion, carry out transaction monitoring using a third party vendor. This may involve providing the third party vendor with your cryptoasset wallet address so that it can be screened against, for example, sanctions lists.
Please refer to our Privacy Policy or information about how we collect, use, and share personal data about you. By submitting personal data through the Site, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Policy.
We are always working to improve the Site and the Services, so our products and Services may change over time. We may suspend or discontinue any part of the Site and the Services, or we may introduce new features or impose limitations on certain features or restrict access to part or all the Site and the Services. We reserve the right to change, suspend, remove, discontinue or disable access to the Site or particular portions thereof, at any time and without notice. In no event will Pajily be liable for the removal of or disabling access to any portion or feature of the Site.
We want to address your concerns without needing a formal legal case. Before filing a claim against Pajily, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at legal@pajily.com. The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can’t resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.
Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with Pajily and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and Pajily agree that any dispute arising out of or related to these Terms, or our Services is personal to you and Pajily and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for claims disputes in which you or Pajily seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Pajily waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. All Disputes shall be referred to and finally resolved by the Singapore International Arbitration Centre (“SIAC”) to be resolved through confidential, binding arbitration before one arbitrator. Arbitration hearing shall be conducted virtually. You and Pajily agree that Disputes will be held in accordance with the SIAC Arbitration Rules and Procedures (“SIAC Rules”). The most recent version of the SIAC Rules is incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the SIAC Rules or waive your opportunity to read the SIAC Rules and waive any claim that the SIAC Rules are unfair or should not apply for any reason.
The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Pajily, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality doesn’t apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Pajily will not have the right to assert the claim.
If any portion of this Section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall stay pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.
These Terms and your access and use of the Services shall be governed by and construed and enforced in accordance with the laws of Saint Vincent and the Grenadines without giving effect to the conflict of laws principles thereof.
17.1. You may terminate these Terms at any time by no longer using our Services. We may terminate these Terms at any time, terminate the Terms by giving you written notice.
17.2. We may also terminate these Terms terminate the Terms with you without notice, if:
17.2.1. you have breached any material provision of these Terms or any other agreed terms or law (or have acted in a manner which clearly shows that you do not intend to or you are unable to comply with the material provisions of these Terms or agreed terms;
17.2.2. we are required to do so by Applicable Law or regulations (including, without limitation, where the provision of the Services to you becomes non-compliant with the regulations);
17.2.3. (if you are a body corporate) you are unable to pay your debts as they fall due or a petition for winding up is presented or you shall go into liquidation (save for the purpose of solvent amalgamation or reorganisation), or you enter into an arrangement with your creditors generally, or an administrator, an examiner or any equivalent is appointed over your assets, or you have a receiver appointed over all or any part of your assets, or you suffer any execution over such assets; or
17.2.4. (if you are an individual) you are unable to pay your debts as they fall due, or you are declared bankrupt, or a creditor issues a bankruptcy petition against you, or you enter into an arrangement with your creditors generally, or a trustee in bankruptcy is appointed.
17.3. We may suspend all or part of our Services with immediate effect where:
17.3.1. this is reasonably beneficial to update or maintain software we use to provide our Services, or to conduct repairs or administrative reviews from time to time;
17.3.2. we are of the reasonable opinion that we are required to do so by Applicable Laws, any court and / or by other authority to which we and / or you are subject in any jurisdiction;
17.3.3. we reasonably believe that any material information provided by you is materially incomplete, inaccurate or misleading;
17.3.4. we reasonably believe that our Services are being used in a fraudulent or unauthorised way, or that there is a security issue;
17.3.5. your use of our Services is subject to any (pending) litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your use of our Services;
17.3.6. an event occurs which is outside our reasonable knowledge or control which impacts our Services and makes it impossible or impracticable for us to provide our Services; and / or
17.3.7. if you fail to pay any Fees or make payment due from time to time in connection with these Terms, and any suspension will not affect our ability to terminate these Terms.
17.4. We are not liable for any loss whatsoever as a result of exercising our termination or suspension rights.
17.5. On termination all rights, obligations and liabilities already incurred by the parties prior to the termination date shall not be affected.
17.6. Termination of these Terms shall not affect the continued operation or enforcement of any provision of these Terms which reflects an intention of the parties that it should survive termination. You agree that Sections 5, 6, 7, 8, 9, 10, 11, 12, 15, 16. 17, 18, 19, 20 and 21, as well as any other terms which by their nature should survive, shall survive the termination of these Terms.
If any term, section, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, section, clause, or provision of these Terms.
You agree that a breach of these Terms will cause irreparable injury to Pajily for which monetary damages would not be an adequate remedy and Pajily shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Pajily, and Pajily’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.
Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
If you have any feedback, question, or complaint, contact Pajily via email at legal@pajily.com
Pursuant to the Technology Integration Agreement and the <Terms of Service> (“Agreement”), in which Pajily Labs, LLC, a company registered in St. Vincent and the Grenadines, having its registered office at Suite 305, Griffith Corporate Centre, Beachmont, Kingston, St. Vincent and the Grenadines, company ID 3748 LLC 2024 and/or any of its Affiliate (collectively referred to herein as “Pajily”) provide Pajily Service, where Pajily processes Personal Data on behalf of Merchant. Pajily and the Merchant collectively shall be referred to hereinafter as “Parties” and individually as “Party”.
This Data Processing Agreement (“DPA”) is entered into between Pajily and the Merchant. Pajily reserves the right to involve its Affiliated in the exercise of its rights and the fulfillment of its obligations under this DPA. As a result, the term "Pajily" used in this context may also encompass Affiliates and these Affiliates have been duly authorized by Pajily to provide and distribute the Pajily Services.
This DPA is additional to the terms in the Agreement and, to the extent that the terms in this DPA are in conflict with the terms of the Agreement, the terms in this DPA will take precedence and supersede the terms of the Agreement.
Capitalized terms shall have the meaning given to them above and otherwise shall have the meaning given to them in the Agreement.
As used herein, the following terms shall have the following meanings:
“Agreement” shall have the meaning ascribed to it in the preamble of this Agreement;
“Affiliates” means, in respect of a Party, any entity that directly or indirectly Controls, is Controlled by, or is under common Control with, that Party from time to time.
“Control” means, in respect of a person, the holding, or controlling, in each case, directly or indirectly, of shares or any similar rights of ownership in that person bearing the majority of voting rights attaching to all the shares or other rights of ownership in that person or having the power to direct or cause the direction and management of the policies of that person whether as a result of the ownership of shares, control of the board of directors, contract or any power conferred by the articles of association or other constitutional documents of such person and “Controlling” and “Controlled” shall be construed accordingly.
“Data Controller” means the party who alone or jointly with others, determines the purposes and means of the processing of personal data.
“Data Privacy Laws” shall refer to all applicable laws, statutes, rules, regulations, orders, decisions, interpretations, opinions, industry self-regulatory principles and guidelines, and other requirements, whether promulgated by any applicable jurisdiction including, not by way of limitation, (i) the EU General Data Protection Regulation (Regulation 2016/679) ("GDPR"); (ii) the EU e-Privacy Directive (Directive 2002/58/EC); (iii) the California Consumer Privacy Act of 2018, Cal. Civil Code § 1798.100 et seq. ("CCPA"); (iv) the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM"); (v) information security breach notification laws (such as Cal. Civ. Code §§ 1798.29, 1798.82 - 1798.84); (vi) laws imposing minimum information security requirements (such as Cal. Civ. Code § 1798.81.5 and (vii) any federal or national data protection laws made under, pursuant to, replacing or succeeding (i), (ii), (iii), (iv), (v), (vi) related or applicable to Personal Data processed by the Company; and successors of the foregoing, as they may be now or in the future promulgated, supplemented, revised or amended from time to time.
“Data Processor” means the party processing personal data on behalf of the Data Controller.
“Data Subject” shall refer to a Buyer of the Merchant whose Personal Data and/or Sensitive Personal Data is collected and processed.
“Government Authority” means any nation or government, any state or other political subdivision thereof, any entity exercising legislative, executive, judicial or administrative functions of or pertaining to government, including any government authority, agency, department, board, commission or instrumentality, and any court, tribunal or arbitrator(s) of competent jurisdiction, and any self-regulatory organization.
“Personal Data” refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
“Personal Data Breach” shall refer to a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data and/or Sensitive Personal Data transmitted, stored, or otherwise processed.
“Processing” shall refer to any operation or any set of operations performed upon Personal Data including, but not limited to, the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure, or destruction of data.
“Retention Period” shall have the meaning ascribed to it in Section 7.2 (e) of this DPA.
“Sensitive Personal Data” shall refer to Personal Data: (a) about an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical, or political affiliations; (b) about an individual’s health, education, genetic or sexual life, or to any proceeding for any offense committed or alleged to have been committed by such individual, the disposal of such proceedings, or the sentence of any court in such proceedings; (c) issued by government agencies peculiar to an individual which includes, but is not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and (d) specifically established by an executive order or an act of Congress to be kept classified.
Pajily is acting solely as a Data Processor with respect to Personal Data. The Merchant is acting as the Data Controller with respect to Personal Data and shall have the exclusive authority to determine the purposes for and means of Processing Personal Data.
Pajily shall Processing Personal Data (i) on behalf of the Merchant; (ii) as necessary to perform Pajily Services specified in the Agreement; and (iii) as otherwise permitted by the Data Protection Laws.
4.1. This DPA shall cover the following categories of Personal Data of Data Subjects who purchase goods and/or services of the Merchants and pay for Merchant by using Pajily Service, provided that the Data Subjects whose Personal Data will be shared have provided their consent:
a. payment data, specificially, wallet address;
b. any Buyer’s data, including personally identifiable data, supplied by the Merchant to Pajily.
4.2. Any Personal Data and/or Sensitive Personal Data of the Data Subjects which is not listed under Section 3.1, but are required to be disclosed or transmitted to the Pajily for the latter to fulfill its obligations under the Agreement, Pajily shall provide a written notice to the Merchant indicating its request, and the Merchant shall only disclose such Personal Data and/or Sensitive Personal Data upon prior written consent of the Data Subjects.
5.1. The Merchant shall share with, or otherwise transfer or transmit to Pajily the data described in Section 4 of this DPA.
The data collected, processed and shared pursuant to this DPA shall be processed, and shared exclusively for the purpose of the performance of the Pajily Services contemplated under the Agreement unless otherwise provided by applicable laws, rules, regulations, or relevant issuances by the Government Authority or any separate agreement with the Data Subject.
5.2. Pajily shall:
a. Unless otherwise provided by law, not disclose, trade, sell, or transfer any Personal Data to any person or entity without the written instructions of the Merchant;
b. Not use or process the Personal Data, except in connection with the purposes as provided under this DPA, and in the Agreement;
c. As applicable, allow Data Subjects to exercise their rights as provided under the Data Privacy Laws.
5.3. Whenever applicable, in performing its obligations under this DPA, each Party shall, at all times, comply with the provisions of the Data Privacy Laws and Government Authority issuances. Each Party, its officers, employees, agents, and representatives, shall, among others:
a. Process Personal Data only to such extent as may be required and necessary for each Party to perform its obligations under this DPA and as may be required by the Data Privacy Laws. For this DPA, the processing by each Party of the Personal Data shall include:
(i) transfer and sharing of the Personal Data to each Party’s subsidiaries, affiliates and third parties to enable either Party to perform its obligations under this DPA.
(ii) analysis and storage, and sharing to subsidiaries, affiliates and third-party vendors, of the Personal Data, in conjunction with the other information (e.g., transaction or payment history, or information from third-parties), to allow each Party to improve its products and services, and create, implement, or otherwise improve the existing security features and components of its existing and future products and services;
(iii) analysis and storage, and sharing to subsidiaries, affiliates and third-party vendors, of the Personal Data, in conjunction with the other information (e.g., transaction and/or payment history) to allow each Party to generate or create financial and allied information about Pajily for their benefit, which shall be made available to either Party and upon their written request to the other Party.
In all instances under sub-paragraphs (i), (ii), and (iii) above, each Party shall execute with its affiliate, subsidiary or third parties, appropriate agreements and/or contracts, when applicable, setting forth at the minimum the extent of the processing and the obligations of the subsidiaries, affiliates and third parties over the personal data shared or disclosed for processing pursuant to this Agreement.
(iv) use of Personal Data of the Data Subject to allow either Party to provide them with consumer protection benefits and privileges, including service updates of either Party and its subsidiaries and affiliates; and
(v) such other processing of Personal Data allowed under Data Privacy Laws.
b. Ensure that Data Subjects will be able to exercise their right to rectification, modification, or blocking of their Personal Data under the Data Privacy Laws;
c. Ensure that its personnel, agents, and representatives who are involved in the processing of Personal Data operate and hold Personal Data under strict confidentiality. This obligation shall continue even after their transfer to another position or upon termination of their employment or contractual relations;
d. In case of data breach, promptly notify the other Party from the time of discovery, to enable the other Party to notify the Government Authority, or appropriate supervisory authority, and the affected Data Subject within the period prescribed under the Data Privacy Laws, when Sensitive Personal Data that may, under the circumstances, be used to enable identity fraud are reasonably believed to have been acquired by an unauthorized person, and the Merchant, Pajily, or the Government Authority believes that such unauthorized acquisition is likely to give rise to a real risk of serious harm to any affected Data Subject.
5.4. To the extent applicable, each Parties’ duties and obligations under the Agreement shall be observed during the subsistence of this DPA.
6.1. Each Party represents and warrants that:
a. The Processing of the Personal Data under this DPA adheres to the principles of transparency, legitimate purpose, and proportionality.
b. It shall fully comply with the provisions of this DPA, the Agreement, the Data Privacy Laws and all other issuances of the Government Authority.
c. This DPA shall be made available for the review of the Government Authority in cases required under the Data Privacy Laws.
6.2. The Merchant represents and warrants that:
a. Prior to Processing Personal Data of the Data Subject, it shall secure the consent of the Data Subject with respect to the collection and further processing of the Personal Data and the sharing, storage, transfer, and transmission of the same in accordance with this DPA. It shall secure the Data Subject’s consent through written, electronic, or recorded means.
b. It has provided the following information to the Data Subjects prior to collection or sharing of the Personal Data:
(i) Identity of the third parties that will be given access to the Personal Data;
(ii) Purpose of the data Processing;
(iii) Categories of Personal Data concerned;
(iv) Intended recipients or categories of recipients of the Personal Data;
(v) Existence of the rights of the Data Subjects, including the right to access and to correct the Personal Data, and the right to object to data sharing or further processing;
(vi) If applicable, the automated processing of the Personal Data for profiling; and
(vii) Other information that would sufficiently notify the Data Subject of the nature and extent of data sharing and the manner of processing.
7.1. The Merchant, as the Data Controller, shall implement reasonable and appropriate physical, technical, and organizational measures for the protection of Personal Data. Security measures aim to maintain the availability, integrity, and confidentiality of Personal Data and protect them against natural dangers such as accidental loss or destruction, and human dangers such as unlawful access, fraudulent misuse, unlawful destruction, alteration, and contamination.
7.2. The Parties undertake to observe and implement the following reasonable and appropriate, physical, technical and organizational measures:
a. Personal Data stored by the Parties may be in digital/electronic format and paper- based/physical format.
b. All Personal Data collected, shared, and processed by the Parties shall be stored in secure facilities, whether virtual or physical. Papers of physical documents containing the Personal Data shall be stored in locked filing cabinets, access keys to which shall be entrusted to authorized personnel. Digital or electronic documents containing Personal Data shall be stored in computers, portable disks, and other devices, provided either the document or the device where it is stored is protected by password(s) or passcode(s).
c. Only authorized personnel may access the Personal Data shared by the Parties. Either Party shall ensure that any person acting its authority, and who has access to the Personal Data collected under this DPA, processes the Personal Data exclusively for the purpose(s) identified in this DPA.
d. Access of Personal Data by all authorized personnel shall be monitored by the data protection officer/s of the Party concerned, in accordance with each Party’s own data protection policies.
e. The Parties shall retain the Personal Data collected, shared and processed for the term provided in Section 8 of this DPA, and until five (5) years from the date of transaction, or as long as may be necessary to accomplish the purpose of the Personal DataProcessing (the “Retention Period”). After the Retention Period or when the Data Subject requests in writing that his/her Personal Data be destroyed, the Parties shall dispose of the Personal Data in their custody, in accordance with their respective data protection policies.
f. In the Processing of the Personal Data collected and shared under this DPA, the Parties commit to observe the most appropriate security measures, whether physical, technical, or organizational, according to the requirements of the Data Privacy Laws.
8.1. To the extent applicable, in the event of a Personal Data Breach shall be handled in accordance with each Party’s own data protection policies, the Data Privacy Laws and prevailing Government Authority issuances.
The notification shall describe the nature of the breach, the Personal Data and/or Sensitive Personal Data possibly involved, the list of Data Subjects involved, the possible risks, harm, or damage to the Data Subjects, and the measures taken by Pajily to address the breach. The notification shall also state whether Pajily shall need to notify the Government Authority and the Data Subjects of the breach and shall attach a draft of the notification for the Merchant’s comment and/or approval.
8.2. In the event of a Personal Data Breach involving Personal Data while the same is being processed by or is in control of Pajily, Pajily shall notify the Merchant in writing within twenty four (24) hours upon knowledge of, or when there is reasonable belief by Pajily that a Personal Data Breach has occurred.
This DPA shall take effect during the commencement of the Agreement and shall survive as long as the Agreement is in force. This DPA shall cease to have effect and be terminated in the event the Agreement is terminated or ceases to be in force, whichever is earlier.
Upon the termination of this DPA, or upon the Merchant’s request, Pajily shall promptly destroy, dispose, or surrender to the Merchant’s, as applicable, the Personal Data and any other property, information, documents containing the Personal Data and/or copies thereof in the Pajily’s possession, custody, or control.
Each Party shall indemnify, defend and/or settle, and hold harmless the other Party, its directors, officers, employees, agents, and representatives, from and against any and all actual, reasonable, and documented assessments, claims, demands or suits, liabilities, damages, and obligations (including, without limitation, reasonable attorneys’ fees) resulting from or arising out of any breach by the Party of its obligations, duties, representations, or warranties under this DPA; provided, however that the indemnity in this Section shall not apply to any loss, claim, damage, or liability caused by the negligence or willful misconduct of each Party.
12.1. The Merchant shall ensure that the following rights of the Data Subjects are upheld:
a. Availability of the DPA
A copy of this DPA may be accessed by a Data Subject through email upon written request, provided that the Parties have a right to prevent the disclosure of any detail or information that could endanger the Security Measures set out in Section 6 of this DPA or expose to harm the integrity, availability, or confidentiality of Personal Data under its control or custody.
b. Access to Information
Upon the request of a Data Subject, the Merchant may release to the requesting Data Subject the following information with respect to his/her Personal Data:
(i) Contents of his/her Personal Data that were processed;
(ii) Sources from which his/her Personal Data were obtained;
(iii) Names and addresses of the recipients of his/her Personal Data;
(iv) Manner by which his/her Personal Data was processed;
(v) Reasons for the disclosure of his/her Personal Data to recipients, if any;
(vi) Date when his/her Personal Data was last accessed or modified.
c. Correction of Personal Data
The Merchant may provide to the Data Subject the means and methods whereby the Data Subject may order the blocking, removal, or destruction of his/her Personal Data.
e. Remedies
The Merchant may provide to the Data Subject the means and methods whereby the Data Subject may report any security breach or violation of his rights with respect to the Processing of his/her Personal Data, as well as the procedures whereby such reports are timely and adequately addressed.
12.2. Pajily shall reasonably assist to provide information, correct data, or delete data within their control if instructed by the Merchant pursuant to a request from a Data Subject. Pajily shall also refer any requests from Data Subjects relating to its rights under Section 12.1 above to the Merchant within twenty four (24) hours of receipt of such requests.
Pajily's data protection officers as identified herein (or their successors) shall be responsible for addressing any information request or any complaint filed by a Data Subject, and/or any investigation by the Government Authority:
Pajily Labs, LLC
Attention: Legal Team – Pajily Labs, LLC.
Address: Suite 305, Griffith Corporate Centre, Beachmont, Kingston, St. Vincent and the Grenadines
Email Address: legal@pajily.com
This Agreement cannot be modified, amended, or changed except in writing and signed by the Parties.
In case any one or more of the provisions contained in this DPA shall be invalid, illegal, or unenforceable in any respect, the validity, legality, or enforceability of the remaining provisions herein and therein shall not in any way be affected or impaired hereby.
Neither the rights nor the obligations of either party may be assigned or delegated in whole or in part without the prior written consent of the other party unless otherwise expressly permitted under the DPA. Any delegation without written permission shall be null and void and of no effect unless otherwise expressly permitted under the DPA.
This DPA shall be governed and interpreted in accordance with the laws of Singapore. Subject to Pajily’s right to seek injunctive or other equitable relief in any court of competent jurisdiction, any dispute, controversy or claim arising out of or relating to this DPA, including its formation, interpretation, breach or termination, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the rules of the Singapore International Arbitration Centre (the “SIAC Rules”) in effect at the time of the commencement of the arbitration. Unless otherwise agreed by the Parties, the tribunal will consist of one (1) arbitrator, to be appointed in accordance with the SIAC Rules. The seat of the arbitration will be Singapore. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrators may be entered by any court having competent jurisdiction. In any action or proceeding to enforce rights under this DPA, the prevailing party will be entitled to recover costs and attorney’s fees. The Parties shall treat all matters related to the arbitration, including the award, as strictly confidential.