T&C's of using the platforms

1. ACCEPTANCE OF TERMS

Welcome to Pachi+ and Pachi Exchange. The phrase “Pachi” refers to the Pachi+ App (“App”), website (www.pachiplus.com ) and (www.pachiexchange.com (“Website(s)”), or any Pachi+ or Pachi Exchange application that is installed anywhere on your computer system or mobile device, and a system of portals, online applications, and social media applications employed to enhance your online experience.

This page, together with the documents referred to herein, tells you the Terms & Conditions of Use (“Terms of Use”) on which you may use Pachi+ and Pachi Exchange. Please read these Terms & Conditions of Use carefully before using Pachi+ and Pachi Exchange. These terms may have changed since your last visit. If you do not agree to the Terms of Use please refrain from using Pachi+ and Pachi Exchange.

2. SCOPE OF SERVICE

Pachi+ and Pachi Exchange Members and guests shall be referred to in the singular as “User” or “you” and in the plural as “Users”. You must be 18+ years of age or older to use Pachi+ and Pachi Exchange. You are responsible for obtaining any computer or mobile device and Internet service necessary to access Pachi+ and Pachi Exchange and for paying any fees for the equipment and service you select. You are responsible for ensuring that all persons who access Pachi+ and Pachi Exchange through your computer or mobile device are aware of all these terms and conditions and comply with them.

3. INFORMATION ABOUT PACHI+ & PACHI EXCHANGE.

Pachi+ and Pachi Exchange are owned and operated by Global Application Producers (GAP).

4. ACCESSING PACHI+ & PACHI EXCHANGE

Accessing Pachi+ and Pachi Exchange is permitted on a temporary basis, and GAP reserves the right, at its sole discretion, to withdraw or change Pachi+ and Pachi Exchange without notice. GAP will not be liable if Pachi+ and Pachi Exchange are unavailable at any time or for any reason.

A. From time to time, GAP may restrict access to some parts or all of Pachi+ and Pachi Exchange to Users.

B. If GAP suspects any fraudulent behavior, Pachi+ and Pachi Exchange reserves the right to suspend or terminate any or all of your accounts and suspend or terminate any or all of your accounts ability to win some or all of the prizes, and withhold or revoke the awarding of any prizes. A verified Bank Account, PayPal, Stripe or Airwallex account is required for cash prize redemption. One account per user. Multiple users may not share the same account.

C. You may establish only one Pachi account per person. In the event Pachi+ or Pachi Exchange discovers that you have opened more than one account per person, in addition to any other rights that Pachi+ and Pachi Exchange may have, Pachi+ and Pachi Exchange reserves the right to suspend or terminate any or all of your accounts and suspend or terminate any or all of your accounts ability to win some or all of the prizes, and withhold or revoke the awarding of any prizes.

D. You may not use multiple devices to access Pachi+ and Pachi Exchange simultaneously. In the event Pachi+ and Pachi Exchange discover that you are accessing Pachi+ and Pachi Exchange on multiple devices simultaneously, in addition to any other rights that Pachi+ and Pachi Exchange may have, Pachi+ and Pachi Exchange reserves the right to suspend or terminate any or all of your accounts and suspend or terminate any or all of your accounts ability to win some or all of the prizes, and withhold or revoke the awarding of any prizes.

E. When using Pachi+ and Pachi Exchange, you must comply with the provisions of acceptable conduct as set out in these Terms & Conditions of Use.

F. The use of Pachi+ and Pachi Exchange may not be legal to use in certain countries. The fact that Pachi+ is accessible in a country, or appears in the official language of any such country shall not be construed as a representation or warranty with respect to the legality of you to use Pachi+ and Pachi Exchange in that country.

5. PACHI+ AND PACHI EXCHANGE  CONTENT

Users have a personal, non-transferable, non-exclusive right to access and use the Content of Pachi+ and Pachi Exchange subject to these Terms & Conditions of Use. The term “Content” means all information, text, images, data, links, software, or other material accessible through Pachi+and Pachi Exchange, whether created by Pachi+ and Pachi Exchange or provided by another person for display on Pachi+ and Pachi Exchange. At times, Pachi+ and Pachi Exchange may act as an intermediary between customers and other companies who provide advertising and other content to enhance the user experience. Pachi+ and Pachi Exchange may direct customers to websites that promote or sell products and services. Pachi+ and Pachi Exchange is not responsible for any issues related to those products and services including but not limited to shipping, billing, payments, the quality of the product and service, or any misrepresentation of the product and service.

The Content may contain typographical errors, other inadvertent errors, or inaccuracies. Pachi+ and Pachi Exchange reserves the right to make changes to document names and content, descriptions or specifications of products and services, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on Pachi+ and Pachi Exchange, subject to the following conditions:

A. The Content may be used solely for your own informational purposes. No part of Pachi+ and Pachi Exchange or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose;

B. The Content may not be modified; and

C. Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on Pachi+ and Pachi Exchange should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Pachi+ or any Content displayed on Pachi+, through the use of framing or otherwise, except: 

(i) as expressly permitted by these Terms & Conditions of Use; or 

(ii) with Pachi+ and Pachi Exchange’s prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on Pachi+ and Pachi Exchange .

6. OFFERS AND SERVICES DESCRIPTIONS

Any products, service, discount prices, promotions, coupons and bonuses that are displayed on Pachi+ and Pachi Exchange by third party companies (“Offer” or “Offers”) for the benefit of Users are generally available for a designated period of time. Pachi+ cannot verify all information provided by third-party companies and errors in gathering, reporting, and displaying such information may occur. Pachi+ and Pachi Exchange Users understand and agree that Pachi+ and Pachi Exchange shall not be liable related to accuracy or availability of any Offers. Any prices listed on Offers are the responsibility of the advertiser and may represent a comparative price estimate and may or may not represent the prevailing price in every geographic area on any particular day. Please note that taxes and other charges may be applicable and applied by the relevant gaming company in connection with any Offer and Pachi+and Pachi Exchange refers you to their terms and conditions. If an offer is not as described, contact the company that is responsible for fulfilling the Offers using the customer service link on their website.

7. INDEMNIFICATION

BY USING PACHI+ AND PACHI EXCHANGE , YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PACHI+ AND PACHI EXCHANGE, ITS PARENT COMPANY, AFFILIATES, AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUPPLIERS, ADVERTISERS, GAMING COMPANY 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 PACHI+ AND PACHI EXCHANGE MAY INCUR IN THE DEFENCE OF SUCH CLAIMS (INCLUDING ANY VAT THEREON)) ARISING FROM YOUR BREACH OF THESE TERMS OF USE OR PRIVACY POLICIES, OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

8. INFORMATION ABOUT YOU AND YOUR USE OF PACHI+ & PACHI EXCHANGE

Pachi+ and Pachi Exchange processes information about you in accordance with Pachi+ and Pachi Exchange’s privacy policy. By using Pachi+ and Pachi Exchange you consent to such processing. 

You may use Pachi+ as a guest without volunteering personally identifiable information (“Personally Identifiable Information” or “PII”). Please refer to Pachi+ and Pachi Exchange’s Privacy Policy for additional information on Pachi+’s practices for processing PII. 

If you choose to provide information by becoming Pachi+ and Pachi Exchange members or by participating in an Offer, service, event, or promotion offered by Pachi+ and Pachi Exchange, you agree that you will provide accurate, complete, and up-to-date information.

9. DOWNLOADING THE PACHI+ APP

If you choose to download or install the Pachi+ App you shall be subject to these terms and the End User License Agreement (“EULA”). The terms under which the App is downloaded or installed onto your computer or mobile device shall be governed by the EULA and in the case of any inconsistency between the EULA and these Terms & Conditions of Use, the EULA will prevail.

10. INTERACTIVE SERVICES – CONTENT SUBMITTED BY USERS

Pachi+ and Pachi Exchange may from time to time provide interactive services such as Social media, bulletin boards, forums and chat rooms (“Interactive Services”). The use of Interactive Services is strictly subject to these Terms & Conditions of Use.

Any material uploaded to Pachi+ and Pachi Exchange or submitted for inclusion on Pachi+ and Pachi Exchange’s Interactive Services shall be considered non-confidential and non-proprietary and Pachi+ and Pachi Exchange has the right to use, copy, distribute and disclose to third parties any such material for any purpose. Pachi+ and Pachi Exchange also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Pachi+and Pachi Exchange’s Interactive Services constitutes a violation of their intellectual property rights or of their right to privacy.

When you submit any material to Pachi+ and Pachi Exchange’s Interactive Services you grant us the non-exclusive royalty-free and fully sub-licensable right to use, remove, modify, adapt, publish, translate, create, deduct works from, distribute and display such content throughout the world in any media. Further, you grant Pachi+ and Pachi Exchange, its parent company, subsidiaries and affiliates the right to use the name, images, and other information you submit in connection with such content if Pachi+ and Pachi Exchange chooses.

You agree that the rights you grant in the clause above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your rights to be identified as the author of such content and material and your right to object to derogatory treatment of such material. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Pachi+ and Pachi Exchange at Pachi+ and Pachi Exchange’s request.

You represent and warrant that you control all of the rights to the content you post.

A. Liability

Pachi+, Pachi Exchange and it’s parent company are not responsible or liable for the conduct of users or for views, opinions, and statements expressed in content submitted for public display through Pachi+ and Pachi Exchange or on Interactive Services. Pachi+ and Pachi Exchange does not pre screen information posted to Interactive Services. With respect to Interactive Services, Pachi+ and Pachi Exchange is acting as a passive conduit for such distribution and is not responsible for the content. Any opinions, advice, statements, services, Offers, or other information displayed on Interactive Services as expressed or made available by Users are those of the respective author(s) or distributor(s) and not of Pachi+ and Pachi Exchange. Pachi+ and Pachi Exchange neither endorses nor guarantees the accuracy, completeness, or usefulness of any content on Pachi+ and Pachi Exchange’s Interactive Services.

B. Monitoring

Pachi+ and Pachi Exchange has the right, but not the obligation, to monitor content submitted to Interactive Services to determine compliance with these Terms of Use and any other applicable rules that Pachi+ and Pachi Exchange may establish. Pachi+ and Pachi Exchange has the right, at its sole discretion, to edit or remove any material submitted to or posted in any online forum provided through Pachi+ and Pachi Exchange. Without limiting the foregoing, Pachi+ and Pachi Exchange has the right to remove any material that Pachi+ and Pachi Exchange, in its sole discretion, finds to be in violation of these Terms & Conditions of Use or otherwise objectionable, and you are solely responsible for the Content that you post on Interactive Services.

11. PROHIBITED CONDUCT

By accessing Pachi+and Pachi Exchange or Interactive Services provided through Pachi+ and Pachi Exchange, you agree to abide by the following standards of conduct. You may only use Pachi+ and Pachi Exchange for lawful purposes. You agree that you will not, and will not authorize or facilitate any attempt by another person to use Pachi+ and Pachi Exchange or Interactive Service:

A. To transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Pachi+ and Pachi Exchange.

B. To send, knowingly receive, upload, download use or reuse material that does not comply with Pachi+ and Pachi Exchange’s content standards as set out in these Terms & Conditions of Use or use a name or language that Pachi+ and Pachi Exchange, in its sole discretion, deems offensive.

C. To transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material or any other forms of similar solicitation (spam) or unlawfully promote offers or services.

D. To promote, solicit, or participate in any multi-level marketing or pyramid schemes.

E. To exploit or harm or attempt to harm children less than 18+ years of age in any way.

F. To engage in disruptive activity such as sending multiple messages in an effort to monopolize Interactive Services.

G. Introduce any data, send or upload any material that contains viruses, worms, Trojan horses, time-bombs, keystroke loggers, spyware, adware or other harmful programs or similar code designed to adversely affect the operation of any computer software or hardware. To obtain unauthorized access to any computer system through Pachi+ and Pachi Exchange.

H. To invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without his or her consent (or a parent’s consent in the case of a child under 18+ years of age).

I. To solicit personal information from children under 18+ years of age.

J. In any way that breaches any applicable local, or international law or regulation.

K. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

 L. To encourage conduct that would constitute a criminal or civil offense.

 M. To reproduce, duplicate, copy or resell any part of Pachi+ and Pachi Exchange in contravention of these Terms & Conditions of Use.

 You also agree not to access without authority, interfere with, damage or disrupt:

 A. any part of Pachi+ and Pachi Exchange;

 B. any equipment or network on which Pachi+ and Pachi Exchange is stored;

 C. any software used in the provision of Pachi+ and Pachi Exchange; or

 D. any equipment or network or software owned or used by any third party.

12. CONTENT STANDARDS

These content standards apply to any and all material which you contribute to Pachi+ and Pachi Exchange and any Interactive Services associated with Pachi+ and Pachi Exchange (“Contributions”).

You must comply with the letter and spirit of the following standards. The standards apply to each part of any contribution as well as to its whole. Pachi+ and Pachi Exchange, in its sole discretion, will decide if Contributions are not in compliance with the following standards.

CONTRIBUTIONS MUST:

 A. be accurate (where they state facts);

 B. be genuinely held (where they state opinions); and

 C. comply with applicable law in the US and in any country from which they are posted.

CONTRIBUTIONS MUST NOT:

 A. contain any material which is defamatory of any person;

 B. contain any material which is obscene, offensive, hateful or inflammatory;

 C. promote sexually explicit material;

 D. promote violence;

 E. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

 F. infringe any copyright, database right or trademark of any other person;

 G. be likely to deceive any person;

 H. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

 I. promote any illegal activity;

 J.be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

 K. be likely to harass, upset, embarrass, alarm or annoy any other person;

 L. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

 M. give the impression that they emanate from us, if this is not the case; and

 N. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

13. CHILDREN

Pachi+ and Pachi Exchange is intended to an adult audience only and is not in any way targeted at children under age 18+. Pachi+ and Pachi Exchange does not knowingly solicit market to, solicit or collect information from any person under the age of 18+.

14. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise noted, all Content contained on Pachi+ and Pachi Exchange is the property of Pachi+ and Pachi Exchange or its parent company, affiliates or licensors, and is protected from unauthorized copying and dissemination by copyright laws, trademark laws, international conventions and treaties, and other intellectual property laws. All such rights are reserved. Offer names are trademarks or registered trademarks of their respective owners.

Pachi+ and Pachi Exchange does not claim ownership of Content submitted by Users but Users understand and agree that such Content may be made publicly accessible through Pachi+ and Pachi Exchange. By submitting such Content, you agree to grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until Pachi+ and Pachi Exchange deletes the Content from its systems.

15. NOTICE AND TAKE DOWN

Contributions to Interactive Services are not moderated by us. Pachi+ and Pachi Exchange will not be responsible as author, editor, or publisher of any contribution submitted to Interactive Services and Pachi+ and Pachi Exchange expressly exclude Pachi+ and Pachi Exchange’s liability for any loss or damage arising from the use of Interactive Services by any person in contravention of these Terms & Conditions of Use.

If Pachi+ and Pachi Exchange has any reason to believe or are given notice that any contribution submitted to Interactive Services is in breach of the Content standards listed in these Terms of Use, Pachi+ and Pachi Exchange shall, without notice to you withdraw the Contribution and Pachi+ and Pachi Exchange reserves the right to terminate your Membership. Further, Pachi+ and Pachi Exchange expressly excludes Pachi+ and Pachi Exchange’s liability to you for removing any contribution you make to Interactive Services.

If you wish to complain about any Contribution posted to Interactive Services, please contact Pachi+ and Pachi Exchange at CustomerSupport@pachiplus.com. Pachi+ and Pachi Exchange will review the Contribution and decide whether it complies with the content standards set out in these Terms & Conditions of Use. Pachi+ and Pachi Exchange will deal with any Contribution which, in Pachi+ and Pachi Exchange and Pachi Exchange’s opinion, violates Pachi+ and Pachi Exchange’s Content standards. Pachi+ and Pachi Exchange will inform you of the outcome of its review within a reasonable time of receiving your complaint. Please precisely identify the Content about which you are notifying us, including the page upon which it is posted (a screenshot of the Content you are complaining about would also be helpful). You should also provide Pachi+ and Pachi Exchange with details of your complaint. If you are alleging copyright infringement, please provide Pachi+ and Pachi Exchange evidence that you own the copyright.

16. SECURITY

When you register to participate in an online photo, video, or discussion forum, promotion, or other service promoted on Pachi+ and Pachi Exchange, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use (including but not limited to preventing use by persons under the age of 18+), and you are responsible for all activity that occurs on your account. You agree to notify Pachi+ and Pachi Exchange immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. Pachi+ and Pachi Exchange is not responsible for losses or damage caused by your failure to safeguard your login and password.

17. VIRUSES, HACKING AND OTHER OFFENCES

You agree to not misuse Pachi+ and Pachi Exchange by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You agree to not attempt to gain unauthorized access to Pachi+ and Pachi Exchange, the server on which Pachi+ and Pachi Exchange is stored or any server, computer or database connected to Pachi+ and Pachi Exchange. You agree to not attack Pachi+ and Pachi Exchange via a denial-of-service attack or a distributed denial-of-service attack.

Pachi+ and Pachi Exchange will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, mobile device, computer programs, software, data or other proprietary material due to your use of Pachi+ and Pachi Exchange or to your downloading of any material posted on or linked to Pachi+ and Pachi Exchange.

18. LIMITATION OF LIABILITY

The material and Offers displayed by Pachi+ and Pachi Exchange is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Pachi+ and Pachi Exchange, its parent company, affiliates, and subsidiary companies and third parties connected to Pachi+ and Pachi Exchange hereby expressly exclude:

A. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

B. Any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with Pachi+ and Pachi Exchange or in connection with the use, inability to use, or results of the use of Pachi+ and Pachi Exchange, any websites or mobile applications linked to it and any materials posted on it, including:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
• Any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with Pachi+ and Pachi Exchange or in connection with the use, inability to use, or results of the use of Pachi+ and Pachi Exchange, and any Offers or materials posted on Pachi+ and Pachi Exchange, including:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;

• loss of data;

• loss of goodwill;

• wasted management or office time; and

• whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition 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 set out above.

This does not affect Pachi+ and Pachi Exchange’s liability for death or personal injury arising from Pachi+ and Pachi Exchange’s negligence, nor Pachi+ and Pachi Exchange’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

19. LINKS TO THIRD-PARTY WEBSITES AND MOBILE APPLICATIONS

Pachi+ and Pachi Exchange may contain links to third-party websites and mobile applications that are provided to you as a convenience. Any third party website or mobile application accessed from Pachi+ and Pachi Exchange is independent from Pachi+ and Pachi Exchange, and Pachi+ and Pachi Exchange has no control over the content of such third party websites or mobile applications. Pachi+ and Pachi Exchange is not responsible for the content of any linked third party website or mobile application or for any loss or damage incurred in connection with your use of such third party websites or mobile applications or dealings with the operators of such third party websites or mobile applications.

20. LINKING TO PACHI+ & PACHI EXCHANGE

You may link to Pachi+ and Pachi Exchange, provided that you do so in a way that is fair and legal and does not damage Pachi+ and Pachi Exchange’s reputation or that of Pachi+ and Pachi Exchange advertisers or Pachi+ and Pachi Exchange’s partners or take advantage of such reputations, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Pachi+ and Pachi Exchange’s part (or that of the advertisers) where none exists.

You must not establish a link from any website or mobile application that is not owned by you.

Pachi+ and Pachi Exchange may not be framed on any other website or mobile application, nor may you create a link to any part of Pachi+ and Pachi Exchange other than the home page. Pachi+ and Pachi Exchange reserve the right to withdraw linking permission without notice. The website or mobile application from which you are linking must comply in all respects with the content standards set out in these Terms of Use and other application laws.

If you wish to make use of any Pachi+ and Pachi Exchange material other than as set out above please contact GAP.

21. NO IMPLIED ENDORSEMENTS.

In no event shall any reference to any Offer be construed as an approval or endorsement by Pachi+ and Pachi Exchange of that third party or of any offer provided by a third party. Likewise, a link to any third party website or mobile application does not imply that Pachi+ and Pachi Exchange endorses or accepts any responsibility for the content or use of such a website or mobile application. Pachi+ and Pachi Exchange does not endorse, warrant, or guarantee any Offer through Pachi+ and Pachi Exchange and will not be a party to or in any way monitor any transaction involving any third-party providers of Offers. As with the purchase of an Offer through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

22. TERMINATION

Pachi+ and Pachi Exchange may terminate any User’s access to Pachi+ and Pachi Exchange, including access to any online photo, video, or Interactive Services, in its sole discretion, for any reason and at any time, with or without prior notice. It is Pachi+ and Pachi Exchange’s policy to terminate Users who violate these terms and conditions as deemed appropriate in Pachi+ and Pachi Exchange’s sole discretion. Pachi+ and Pachi Exchange also reserves the right to terminate accounts with offensive names or profile images. You agree that Pachi+ and Pachi Exchange is not liable to you or any third party for any termination of your access Pachi+ and Pachi Exchange.

23. JURISDICTION AND APPLICABLE LAW

These Terms of Use 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: 

(i.) any and all disputes, claims, and causes of action arising out of or related to these Terms of Use shall be resolved individually, without resort to any form of class action, and exclusively through final and binding arbitration by Brad Howe, GAP or in his absence someone designated by him in accordance with the rules of GAP; and 

(ii.) any and all claims, judgments and awards shall be limited to actual out-of-pocket fees paid by you to Pachi+ and Pachi Exchange 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 Pachi+ and Pachi Exchange 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

Notwithstanding the foregoing, Pachi+ and Pachi Exchange 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.

24. SEVERABILITY

If for any reason any provision of the Terms & Conditions of Use or portion thereof, is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part of Terms of Use will be deemed severable and shall not affect the validity and enforceability of the remainder of these Terms & Conditions of Use which shall continue in full force and effect.

25. VARIATIONS

Pachi+ and Pachi Exchange may from time to time revise these Terms & Conditions of Use by amending this page. You are expected to check this page from time to time and take notice of any changes Pachi+ and Pachi Exchange made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere in Pachi+ and Pachi Exchange.

26. ENTIRE AGREEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THESE TERMS OF USE ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PACHI+ AND PACHI EXCHANGE, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THESE TERMS OF USE WITH THE UNDERSTANDING THAT PACHI+ AND PACHI EXCHANGE, MAY, AT ITS SOLE DISCRETION AND WITHOUT NOTICE, REVISE THESE TERMS AT ANY TIME BY UPDATING THIS PAGE.

27. FOR ADDITIONAL INFORMATION

If you have any questions about these Terms of use, please feel free to contact Pachi+ and Pachi Exchange via contactus@pachiplus.com.

Copyright © 2022, GAP All Rights Reserved.