end-user license agreement
What is the EULA?
Welcome to the Pachi+ and Pachi Exchange End User License Agreement (“License Agreement”). The phrase “Pachi” refers to the Pachi+ App (“App”), website (www.pachiplus.com) and (www.pachiexchange.com) (“Website(s)”), any Pachi+ skill and rewards based software application that is installed anywhere on your computer system or mobile device, as a system of portals, online applications, and social media applications employed to enhance your Internet experience. Pachi+ and Pachi Exchange Members and guests shall be referred to in the singular as “User” or “you” and in the plural as “Users”.
CAPITALIZED TERMS IN THIS LICENSE AGREEMENT, EXCEPT WHERE SPECIFIED, HAVE THE DEFINITIONS SET OUT IN PACHI+ AND PACHI EXCHANGE TERMS & CONDITIONS OF USE.
YOU MUST BE 18+ YEARS OF AGE OR OLDER TO INSTALL OR TO USE THE PACHI+ AND PACHI ECHANGE. IF YOU ARE NOT YET 18+ YEARS OF AGE OR OLDER, DO NOT DOWNLOAD OR USE THE APP. IF YOU ARE A PARENT OR A GUARDIAN, OR IF THERE IS A CHANCE THAT PERSONS UNDER THE AGE OF 18+ MAY HAVE ACCESS TO YOUR COMPUTER OR MOBILE PHONE, YOU ARE RESPONSIBLE FOR PREVENTING THEIR USE OF THE APP AND WEBSITES.
GRANT OF LIMITED USE LICENSE
In consideration of your agreement to and continuing compliance with this License Agreement, Pachi+ and Pachi Exchange. (“GAP”) hereby grants you a limited, personal, revocable, non-transferable, non-assignable, non-exclusive license to download, install, and use the App consistent with the terms and conditions of this License Agreement. You agree that the App is licensed and not sold to you, that the App is owned by GAP, and that, except for the limited license described above, nothing herein grants you any right, title, or interest in the App.
When installed on your computer, Pachi+ and Pachi Exchange periodically communicate with GAP or its supplier’s servers. GAP may update Pachi+ and Pachi Exchange on your computer when a new version is released or when new features are added. These updates may occur automatically. Notwithstanding the above, GAP has no obligation to make available to you any subsequent versions or new features of Pachi+.
PERMITTED USES AND RESTRICTIONS
The App is made available to you for your non-commercial use only.
A. download, install and use the App/Website(s) for your own private purposes onto your mobile device; and
B. receive and use any supplementary software code or update of the App/Website(s) that may be provided by us from time to time.
Except as expressly set out in this License Agreement you undertake:
not to copy the App/Website except where such copying is incidental to normal use of the App/Website(s);
not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App/Website(s);
not to make alterations to, or modifications of, the whole or any part of the App/Website, nor permit the App/Website(s) or any part of it to be combined with, or become incorporated in, any other programs;
not to disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the App/Website(s) nor attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the App/Website(s) with another software program, and provided that the information obtained by you during such activities:
is used only for the purpose of achieving interoperability of the App/Website(s) with another software program; and
is not unnecessarily disclosed or communicated without GAP’s prior written consent to any third party; and
is not used to create any software which is substantially similar to the App/Website(s);
to keep all copies of the App/Website(s);
to supervise and control use of the App/Website(s) and ensure that the App/Website is only used by you in accordance with the terms of this License;
to include the copyright notice of the Licensor on all entire and partial copies you make of the Software on any medium; and
not to provide or otherwise make available the App/Website(s) in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
All rights to and in Pachi+ and Pachi Exchange, including, but not limited to, copyrights, patents, trademarks, and trade secret rights, belong to GAP and GAP holds title to each copy of the Pachi+ and Pachi Exchange.
You acknowledge that rights in the App/Website(s) are licensed (not sold) to you, and that you have no rights in or to the App/Website(s) other than the right to use them in accordance with the terms of this License Agreement.
You acknowledge that you have no right to have access to the App/Website(s) in source code form or in unlocked coding or any comments in the coding.
CLICK STREAM DATA COLLECTION
COOKIES AND WEB BEACONS
TERM AND TERMINATION
This License Agreement is effective until terminated. You may terminate this License Agreement at any time by deleting or destroying all copies of the App/Website in your possession. In its sole discretion, GAP may terminate your rights to this License Agreement and any or all rights granted to you hereunder, or prohibit or suspend your access to the App/Website(s), at any time, with or without cause or notice to you. Upon termination of this License Agreement for any reason, you agree to delete or destroy all copies of the App/Website(s). For the avoidance of doubt, sections 3, 5, 6, 7, 8, 9, 10, 11, 12, and 13 survive termination.
PACHI+ AND PACHI EXCHANGE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THE APP/WEBSITE(S) WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO, OR USE OF, THE APP/WEBSITE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
LIMITATION OF LIABILITY
Nothing in this License Agreement shall limit or exclude the liability of GAP for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation.
Subject to the condition above GAP’s liability for losses suffered by you arising out of or in connection with this License Agreement (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall exclude:
loss of income;
loss of business profits or contracts;
loss of the use of money or anticipated savings;
loss of information;
loss of opportunity, goodwill or reputation;
loss of, damage to or corruption of data; or
any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise;
provided that this condition 8 shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories directly above.
GAP shall have no liability to you in the event that the content of the App/Website(s) infringes intellectual property rights of a third party.
This License Agreement sets out the full extent of GAP’s obligations and liabilities in respect of the supply of the App/Website(s). In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on GAP except as specifically stated in this License Agreement. Any condition, warranty, representation or other term concerning the supply of the App which might otherwise be implied into, or incorporated in, this License, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PACHI+, PACHI EXCHANGE, ITS PARENT COMPANY, AFFILIATES, AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUPPLIERS, ADVERTISERS, MERCHANT PARTNERS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND COSTS (INCLUDING, BUT NOT LIMITED TO, LAWYERS’ FEES AND ALL COSTS AND EXPENSES GAP MAY INCUR IN THE DEFENSE OF SUCH CLAIMS) ARISING FROM YOUR BREACH OF THIS LICENSE AGREEMENT.
GAP reserves the right to change or modify any of the terms and conditions contained in this License Agreement or any applicable policy or guideline at any time and in its sole discretion. Any changes or modifications will be effective upon posting in the information section of the App/Website(s) and on the Pachi+ and Pachi Exchange Website(s) (www.pachiplus.com and www.pachiexchange.com) may be posted without notice to you. You are responsible for regularly checking the Website(s) or App for any changes or modifications.
IF ANY SUCH CHANGE OR MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS LICENSE AGREEMENT. CONTINUED USE OF PACHI+ AND PACHI EXCHANGE BY YOU FOLLOWING GAP’S POSTING OF ANY SUCH CHANGE OR MODIFICATION WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE OR MODIFICATION.
JURISDICTION AND APPLICABLE LAW
This License Agreement shall be governed by and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law, and expressly excluding
(i.) The United Nations Convention on Contracts for the International Sale of Goods,
(ii.) the 1974 convention on the Limitation Period in the International Sale of Goods, and
(iii.) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.
Except where prohibited, you understand and agree that:
(ii.) any and all claims, judgments and awards shall be limited to actual out-of-pocket fees paid by you to GAP in order to use Pachi+ and Pachi Exchange but in no event attorneys’ fees; and
(iii.) under no circumstances will you be permitted to obtain awards for, and you hereby waives all rights to claim, punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased and for any other damages other than for actual out-of-pocket fees paid by you to GAP in order to use Pachi+ and Pachi Exchange. All such arbitration proceedings shall be conducted in the English language and shall take place exclusively in the State of New York, USA.
Notwithstanding the foregoing, GAP shall be entitled to seek injunctive relief, security, or other equitable remedies for any breach of these Terms & Conditions of Use from the United States District Court for the State of New York, or any other court of competent jurisdiction.
If for any reason any provision of this License Agreement or portion thereof, is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part of this License Agreement will be deemed severable and shall not affect the validity and enforceability of the remainder of this License Agreement which shall continue in full force and effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS LICENSE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND GAP, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT WITH THE UNDERSTANDING THAT GAP MAY, AT ITS SOLE DISCRETION AND WITHOUT NOTICE, REVISE THESE TERMS AT ANY TIME BY UPDATING THIS POSTING AS SET FORTH IN SECTION 10 OF THIS LICENSE AGREEMENT.
WINNINGS, ACCOUNT FUNDS, AND PAYMENTS
Fees. Fees and payments for Services that you pay to participate in Tournaments (“Fees”) and billing procedures are detailed in the billing application. If Fees are charged to your Account, you agree to pay those Fees. All Fees are stated in U.S. Dollars, must be prepaid and are non-refundable. You are fully responsible and liable for all charges, deposits and withdrawals made under your Account, including any unauthorized charges, deposits or withdrawals. The price of Services may change at any time, but no price change will affect your past purchases.
Billing. We may change Fees and billing procedures by updating the billing application with or without notice to you. By providing a payment method, you
(i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate;
(ii) authorize GAP to charge you for the Services using your payment method, and
(iii) authorize GAP to charge you for any paid feature of the Services that you choose to sign up for. We may bill you (a) in advance; (b) at the time of purchase; or (c) shortly after purchase, at our sole discretion. You must tell us within 120 days after an error first appears on your bill for an investigation of the charge to occur promptly.
After 120 days from the first appearance of the error, GAP
(i) will not be liable for any losses resulting from the error and
(ii) will not be required to correct the error or provide a refund. If we identify a billing error, it will be corrected within 90 days. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.
Bonus. If you are a Cash Player then you may be granted tickets and/or pachi+ credits (“Bonus”). Bonus’ can be used to enter Cash Tournaments, but cannot be withdrawn or used for any other Service. If you do not enter a Cash Tournament within a continuous 60 day time period, all Bonus Tickets in your account will be forfeited.
Pachi Exchange Withdrawals. You may request an exchange of tickets from your available Pachi Exchange balance once you have sufficient tickets. Tickets can be exchanged for Gift Cards or Digital Assets for your collection. Digital Assets have a value and can be exchanged for cash. The cash can be held in the various wallets or transferred to your bank account. Processing of requested funds is made by check or your preferred wallet to the payment method used to make your Pachi+ purchases and may take up to ninety (90) days; however, we may freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse, verification of eligibility or to comply with applicable laws. A check request processing fee of up to US$2.00 for any withdrawal of less than US$100 is implemented, our minimum online withdrawal is US$100 and the maximum is US$999 per day.
Pachi Wallet Withdrawals. You may request a withdrawal of funds from your Pachi Wallet’s Account balance at any time. You need to have ticked the checkbox to say you have read the T&C regarding withdrawal. A pop-up box will then ask you to click OK to proceed.
The minimum amount allowed to withdraw is $10 plus a 4% processing fee. The total amount plus the processing fee that the user would need to withdraw is $10.5. and the amount that would be transferred after pressing the submit button would be $10 once the user has been KYC’d by GAP Operations.
Processing of requested funds is made by check or via your preferred wallet to the payment method used to make your deposit and may take up to ninety (90) days; provided, however, that we may freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected Abuse, verification of eligibility or to comply with Applicable Laws.
On both Paypal and GCash flows there is the error message pop-up where there is insufficient funds, in order to play in the tournament the wallet will need to be topped up by you.
You will receive a confirmation messages saying that the withdrawal request is in progress.
An email will be sent from our system to operations alerting us when a player has requested to withdraw funds.
Once KYC is completed the funds are transferred.
Pachi Wallet Historical data
The Pachi Wallet contains all your historical transaction data.
History = the historical and pending transactions in the wallet.
WID = Withdrawal would be –$XXX
DEP = Deposit +$XXX
STATUS = Pending or Complete
Closing Accounts; Forfeiture of Funds. If you close your Account, funds in your Account will be returned subject to the terms above. If your Account is unilaterally closed or terminated for cause as allowed in these Terms, funds in your Account may be forfeited and not returned to you. If your funds are forfeited by you in accordance with the above, these funds may be used to defray the costs of administration and enforcement of these Terms, allocated or disbursed such amounts to other Services or donated these funds.
Account Monthly Maintenance Fee. If your Account is inactive (i.e. you have not entered at least one (1) tournament for six (6) consecutive months or more, a maintenance fee of $2.00 per month may be charged (the “Monthly Maintenance Fee”). After 90 days of inactivity you will be notified by email that if your Account remains inactive for one more month, the Monthly Maintenance Fee = Pachi+ balls will be deducted from your Account each consecutive month after that while it remains inactive. The Monthly Maintenance Fee will not be deducted from your Account if there are no funds in your Account. However, if your Account has no pachi+ balls and has been inactive for twelve or more consecutive months, your Account may be closed.
Refund Policy. Unless otherwise required by law, no refunds are given.
Winnings. If you are eligible to receive winnings, in our capacity we may require that you provide proof that you are, or were at the time of your participation in the subject Tournament, eligible to participate in accordance with these Terms and that your participation was in accordance with these Terms. If you do not provide such proof to our reasonable satisfaction, then you will not receive the relevant Winnings. If you receive a payment in error, we may reverse or require the return of the payment. You agree to cooperate with our efforts to do this, in our capacity as agent for our developer partners. We may also reduce the payment to you without notice to adjust for any previous overpayment.
App use: Apple, Google. Wallet (3rd party) use PayPal, Stripe, Airwallex, Adyen. Bank A/C use. When you pay for any charges in-app (iOS/Google) or one of our wallet providers or via bank account, you represent to us that you are the authorized user of such account. You must promptly notify us of any changes to your bank account number, its expiration date and/or your billing address, or if your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of your credit card or other methods of payment by a 3rd party (such as PayPal, Stripe, Airwallex, Adyen) in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your Account, forfeiture of Winnings, and pursuit of civil litigation and/or criminal prosecution.
Taxes. If you are a U.S. resident, you are required to fill out an IRS Form W-9 and 1099-MISC or other appropriate forms if your Winnings total $600 or more in any given calendar year. Depending on the state in which you reside, you may need additional federal or state tax forms. Without limiting the foregoing, we may withhold from your existing Account balance and/or from future Winnings any amount required to be withheld by Applicable Laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all Applicable Laws.
If you have any questions about this License Agreement or Pachi+and Pachi Exchange feel free to contact Pachi+ and Pachi Exchange via our website.
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