Pegapay Terms of Service
Welcome to Pegapay. These Terms of Service (“Terms”), govern your use of pegapay.com (“Site”). They also govern your use of related products and services (“Services”) provided through the Site or other means by Varon T PTE. LTD. ("Pegapay", "We", "Us", or "Our"). By using the Site or Services you signify your acceptance of this agreement which is legally binding between you and us as operator of the Site and Services.
Please read these Terms carefully and thoroughly. You may not use this Site or Services, including signing up for a Pegapay account, if you do not agree to and accept these Terms.
We may change, add or delete these Terms or any portion thereof from time to time at our sole discretion. We may also make such changes to the Site and the Services, including change or discontinuation of certain features or functionality. Your continued access or use of the Site and/or the Services constitutes your acceptance of these changes and any updated or modified Terms. Please check this space regularly for updated or modified Terms.
We help you purchase and accept bitcoin. Our bitcoin wallet service allows you to store your bitcoin which is held offline for increased security. You retain full ownership of your bitcoin when using our Services. By requesting or using the Services, you authorize us to take all necessary actions in our discretion to effectively provide the Services to you and to comply with applicable laws. We are not a bank nor do we purport to act as a bank or financial institution.
Your Eligibility to use Our Services
Our Services are not available to US-based customers.
You may use our Site and Services if you are legally capable and authorised to access and use them. If you are under the age of 18, you must obtain the consent of your parent or legal guardian before you can use our Services.
Your use of and registration on the Site is void where prohibited. By using this Site and creating a Pegapay account you are representing and warranting that:
(a) you are not doing so from the USA,
(b) you agree to and shall abide by these Terms,
(c) you are eighteen (18) years of age or older and the age of majority your jurisdiction of residence or that you have obtained the consent of your parent or legal guardian to use the Site and Services and that they accept and agree to these Terms,
(d) you are legally capable to enter into binding contractual agreements.
Registering and Creating a Verified Pegapay Account
You may browse this Site at any time without the need to register. However, to buy and engage in certain bitcoin transactions using our Services, you must register on the Site and create a verified Pegapay account.
To register and create a Pegapay account, you will be required to submit information including your name, chosen username, email address and your chosen password.
To verify your Pegapay account, your must submit a copy of your government issued photo identification (“ID”), utility bill (issued in the last 3 months) and proof of current address.
You may NOT transfer, assign, rent or sell your Pegapay account to any third party.
You are responsible for all activities under your account, including:
(a) maintaining adequate security and control of any and all log-in and security credentials including all passwords and codes used to access the Services,
(b) ensuring that your registration information remains current and up-to-date,
(c) using your account in accordance with these Terms for lawful purposes only.
You will be liable for any loss or damage arising from your failure to safeguard your log-in and security credentials. We reserve the right to suspend or terminate your account if you provide any information that is false, misleading or inaccurate or for a violation of these Terms.
By using the Site or Services, you acknowledge and agree that all at times you are responsible for:
Your bitcoin transactions. The value or price of bitcoin may fluctuate drastically and change rapidly. We do not control the value or price of bitcoin. You are responsible for all decisions related to purchasing, holding or selling bitcoin. You are also responsible for ensuring full payment to us in cleared funds for any purchases of bitcoin.
Your legal compliance. You must ensure that your use of the Site and Services complies with applicable law at all times and is not for any illegal or unlawful purpose.
Your information. You must provide true, accurate, complete and current information to us and keep your Pegapay account information updated.
Your taxes. You are responsible for determining what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
Your activities. You are responsible for how you conduct yourself including all activities under your Pepapay account. If you grant express permission to a third party to connect to your Pegapay account, you remain responsible for all activities under your Pegapay account including any third party actions or inactions in respect of which we shall not be responsible or liable. permissions you grant.
We do not control the price or value of bitcoin which may fluctuate drastically and change rapidly. You acknowledge and agree that we are not responsible or liable for any decrease in value or price of bitcoin at any time.
When you use our Services and make a request to buy bitcoin, you agree to pay us the applicable amount at the time of request to buy bitcoin. Values displayed on the Site or via the Services may not reflect the current market value of bitcoin in real time due to technical restrictions. By clicking the “buy bitcoins” button you are requesting to buy bitcoin for the applicable amount at time of purchase. You will receive an email confirmation of your request to buy bitcoin. You cannot cancel a request to buy bitcoin once made. You cannot cancel a request to buy bitcoin due to a change in value or price in bitcoin. Bitcoin transactions using our Services cannot cancelled or reversed by you once made and/or confirmed by us. When buying bitcoin, you are buying or selling from Pegapay directly and we do not act as an intermediary or agent of any kind.
We reserve the right to:
(a) reverse purchases of bitcoin if, for example, we have not received full payment in cleared funds due to chargeback, reversal, claim or other invalidation.
(b) change the buy limits on any Pegapay account as we deem necessary in our sole discretion.
100% of customer bitcoins are stored offline. In the event you wish to withdraw bitcoin from your Pegapay Account, there can be a delay of up to 48 hours, barring unforeseen or unavoidable network issues.
You agree not to do any of the following, which strictly prohibited:
(a) Provide any information that is false, misleading, inaccurate, or incomplete,
(b) Impersonate any person or entity,
(c) Copy, modify, alter, adapt, make available, in any way translate, port, reverse engineer, decompile, or disassemble, frame any portion of this Site,
(d) Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site or Services,
(e) Authorize any third party to use your Pegapay account,
(f) Engage in any type of fraudulent activity including attempting to defraud Pegapay or any user of the Site or Services,
(g) Share your log-in or security credentials with any third party,
(h) Disrupt or interfere with the Site’s and/or the Services’ operation or the servers or networks that host them,
(i) Make any use of the Site or Services such that they are interrupted, damaged, rendered less efficient, or their effectiveness or functionality is in any way disabled or impaired;
(j) Data-mine or harvest information or data about users of the Site and/or the Services without their express consent, including the use robots, spiders or other automatic devices, processes or method to access the Site and/or the Services,
(k) Use the Site or Services in a manner which constitutes a violation or infringement of any third party or company (including but not limited to rights of confidentiality),
(l) Use this Site or Services contrary to these Terms or for any illegal, unlawful or unauthorized purpose including, but not limited to, money laundering and terrorism financing.
We reserve the right to suspend or terminate your account and refuse any and all current or future access and use of the Site and the Services (or any portion thereof) without notice or liability to you in our absolute discretion for a violation of these Terms. It is your responsibility to ensure that your use of the Site and/or Services complies with and does not violate these Terms and all applicable laws.
“Pegapay”, “Pegapay.com”, the Pegapay logo, the Pegapay brand and all Pegapay trademarks, service marks, trade names, logos and domains are the sole property of Pegapay. You are not granted any rights to use, copy or imitate the Pegapay trademarks, service marks, trade names, logos, domain names, or any other features of the Pegapay brand under any circumstances.
The user interface, content, and the scripts and software used to implement the Services, contains proprietary information and material owned by Pegapay and/or its licensors, which is protected by intellectual property and other laws, including copyright. You agree that you will not use such proprietary information or material in violation of these Terms.
We shall not be responsible for our failure to perform or any delay in performance of any obligation by us hereunder due to events beyond our control, including but not limited to telecommunications, power or internet failures, acts of government, change of law or license requirements, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond our reasonable control. The time for performance shall be extended by the period of such delay. We shall take all reasonable steps to mitigate the effects of the any force majeure event.
By using the Site or Services, to the extent permitted by law, you agree to indemnify and hold harmless Pegapay, its directors, officers, employees, personnel, agents, contractors, affiliates and licensors with respect to: (a) any claims arising out of your breach of these Terms, (b) your use of the Site or Services, including all activities under your Pegapay account (c) any action taken by Pegapay in investigating a suspected violation of these Terms or due to its finding or decision that such a violation has been committed.
Disclaimer & Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT GUARANTIES OR WARRANTIES OF ANY KIND. THE INFORMATION DISPAYED OR CONTAINED ON THE SITE OR VIA THE SERVICES MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, RELIABLE OR ERROR-FREE. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE AMOUNT OF TIME NEEDED TO PROCESS OR COMPLETE BITCOIN TRANSACTIONS WHEN USING THE SITE OR SERVICES.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL PEGAPAY, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference. The language of the arbitration shall be English.
You agree that any claim you may have arising out of or related to these Terms or your relationship with Pegapay must be filed within 12 months after such claim arose. You agree that if such claim is not filed within 12 months after such claim arose it will be permanently barred and unavailable to you.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the terms included herein will continue in full force and effect.
If you have any questions or comments related to these Terms, please contact us at firstname.lastname@example.org
Dated: 21 April 2014