Last updated: June 24, 2024
Thank you for visiting https://www.paymight.com/. https://www.paymight.com/ is a digital asset platform operated by and proprietary to Paymight (as defined below). Please read this Terms of Service (“Terms”) carefully before you use, access to or sign up an account with paymight.com (“Account”). Your visit, access or usage of paymight.com shall constitute your irrevocable acceptance and agreement to be legally bound by this Terms. In the event that you do not agree to any terms and conditions under this Terms, please discontinue any visit, access, or usage of paymight.com.
This Terms shall constitute the agreement and understanding regarding your access and usage of paymight.com between Paymight Fintech Ltd., a Canada registered company (“Paymight”, “we”, “us” or “our”) and its user of paymight.com (“user”, “you” or “customer”). For the purposes of this Terms, you and Paymight shall be individually referred to as a "Party", and collectively as the "Parties". The contractual effects of this Terms between you and Paymight shall be effective as of the date of your first access, usage to or sign up an Account.
This Terms shall apply to all access and/or usage to and any activities, transactions and/or purchase made that may be accessible, whether directly or indirectly, through https://www.paymight.com/ and/or any associated application program interface or mobile application, if any, (collectively known as “paymight.com”).
If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (“legal age”), you must get permission from your parent or legal guardian to sign up for an Account and that parent or legal guardian must agree to these Terms. If you do not know whether you have reached the legal age, or do not understand this section of Terms, please do not sign up for any Account until you have sought your parent or legal guardian for assistance and guidance. If you are the parent or legal guardian of a minor who is signing up for an Account, any registration for, access and/or usage of such Account by that minor shall constitute your irrevocable acceptance and agreement to be legally bound by these Terms on the minor's behalf, including those additional terms, conditions and policies referenced herein and/or linked hereto and you shall be responsible for all usage, activities, transactions and purchases of that minor’s Account or website using that Account, whether such account is signed up or registered prior to this or later. Notwithstanding anything contrary to the foregoing, Paymight reserves the right to suspend and/or terminate any such Account that are registered on this website.
For avoidance of doubt, this Terms take precedence over and do not alter in any way the terms or conditions of any other agreement that you may have with us for any other products or services.
The Terms of Service visible on paymight.com at any time will be the most current version of Terms and shall be applicable as is where is. Please note that this Terms may be amended at our sole discretion from time to time without any prior or further notice to you and its users. The amended Terms will be posted on this page and your continue usage and assess to paymight.com after such amended Terms is posted shall be deemed as your consent and agreement to the all relevant changes and amendments.
Paymight may suspend or terminate paymight.com and/or these Terms for any reason whatsoever. You shall immediately stop using paymight.com upon such suspension or termination. Any suspension or termination does not in any way affect any liabilities accrued prior to the suspension or termination.
Unless stated otherwise, the following terms shall have the following meanings and/or interpretations throughout the Terms:
This Terms is to be read and interpreted together with other terms and conditions, policy, agreements, if any, that may be available on paymight.com from time to time.
Words importing singular include plural and vice versa, words importing any gender include every gender, words importing persons include bodies corporate and unincorporate.
References to Clauses and other provisions herein are references to Clauses and other provisions herein and terms defined herein shall have the same meanings where used throughout this Terms
A reference to a statute or statutory provision is a reference to it as it is in force as at the last update of this Terms and shall include all subordinate legislation made as at the last update of this Terms under that statute or statutory provision.
A reference to writing or written excludes fax but not email.
Any capitalized terms not defined herein shall have the meanings ascribed to those in other terms and conditions, policy, agreements, if any, that may be available on paymight.com from time to time.
Paymight reserves all rights not expressly granted under this Terms.
Paymight.com is owned and maintained by Paymight and the materials on paymight.com, including but not limited to graphics, images, branding, logos, information and software programs, are protected by trademark, copyright and other forms of Paymight’s proprietary rights (“Materials”).
All intellectual property rights subsisting in or used in connection with paymight.com, the Materials and any services available on paymight.com, are Paymight’s property. You shall not enforce any intellectual property rights belonging to Paymight except with the prior written approval of Paymight.
All rights, title and interest of the intellectual property rights belonging are owned by, licensed to or controlled by Paymight despite any purchase, payment, transaction or activities under your Account or through paymight.com.
Paymight hereby reserves all rights in and to the Materials and/or its intellectual property rights, including those authorised, consented, permitted or granted in any products and/or services purchased.
Except as otherwise provided, the Materials of paymight.com shall not be reproduced, republished, uploaded, posted, transmitted, appropriated or otherwise distributed in any manner, without the prior written permission of Paymight. Modification of any of the Materials or use of the Materials for any other purpose shall be an infringement and violation of Paymight's intellectual property rights.
You hereby warrant that you shall not in any way to crack, reverse engineer, decompile or disassemble any service and/or its relevant software, platform interface or website links provided by Paymight and/or paymight.com. You further warrant not to modify the contents, functions, logic and other aspects of the service provided by Paymight and/or paymight.com.
Upon signing an Account, you are deemed consent and agree that Paymight may use, publish or display your name, trademarks, branding or any relevant logo and symbols on our designated website, documents or whatsoever materials for the purpose of marketing. Any such usage or publishment for marketing purpose shall not considered as infringement by Paymight. The Customer may at any time and upon reasonable notice in writing to Paymight request that Paymight ceases to use its name, logo, trademarks and general business information for these purposes.
In order to use, purchase, convert, sell or create whatsoever transaction in paymight.com at material times, you are required to register an Account and complete compliance requirement. Paymight reserves its right to (i) perform any compliance review on ad-hoc or periodic basis against your Account and (ii) update our compliance requirement and/or compliance policy from time to time without any notice to any user.
Unless (i) you have signed up an account with paymight.com; and (ii) you have fulfilled and complete our compliance requirement, you shall not use any services and/or functions available on paymight.com. For avoidance of doubt, a successful Account opening shall be subject to compliance requirement and approval from paymight.com.
By clicking on the “Sign Up” button on paymight.com or by visiting paymight.com, we may provide you with access and utility through our trading platform via paymight.com and/or its available services and/or functionalities on a “as is” basis.
You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. In such event, you shall refer to the terms and conditions of any such products, websites or services upon your usage and access to the same.
If you are using paymight.com on behalf of a legal entity, you represent and warrant that (a) such a legal entity is duly organized and validly existing under the applicable laws of its relevant jurisdiction; (b) you are authorized to accept the Terms and act on such entity’s behalf and that entity shall be deemed agreeable to be responsible to us if you violate the Terms; and (c) all the documents and information submitted to us in respect of the entity and/or yourself is factual, accurate and real.
By sign up for an Account in this website, you have accepted and agree:
You are fully responsible for all activities and transactions that occur and made in and under your Account even if such activities or transactions were proven not committed physically by you. Paymight will not be liable for any loss or damage arising from unauthorised usage of your password or your failure to comply with any of these Terms.
You agree that Paymight may for any reason, in its sole discretion and without prior notice or liability to you or any third party, immediately terminate or suspend your Account, withdraw, cancel or suspend any transactions associated or offered to your Account, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Paymight deems necessary. Grounds for such actions, actual or suspected, may include but shall not be limited to:
You may opt to terminate your Account voluntarily provided that there are no outstanding transactions between you and Paymight. Clause 45 below shall be applicable for such termination.
Any usage of your Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If any criminal charge, legal dispute arises or law enforcement action is commenced against you and/or Paymight, in connection with your Account or your usage of paymight.com, Paymight may terminate your Account immediately with or without notice and you shall hereby indemnify Paymight from and against any such liability in such event.
You may terminate your Account by any available measures or functions on the website from time to time. Notwithstanding any such termination, you shall remain responsible and liable for all activities and transaction, whether commenced prior to or after such termination, whether such termination is completed or incomplete, that occur in your Account. Paymight shall have no liability for, and you hereby agree to indemnify Paymight from and against, any losses or damages incurred due to your actions, usage or termination in your Account.
Paymight and/or paymight.com provide an online trading platform for you to hold and trade digital assets and its derivatives services. By signing up an Account, you understand and agree that Paymight may charge you an associated fee for any transaction performed by you through your Account on paymight.com. Your Account will need to contains sufficient Assets to proceed with any transactions and to cover its associated fees (if any), failing which you will not be able to proceed further with any transactions.
The currencies that Paymight support is available on paymight.com as it where is. Paymight reserve its right to add or delist any currencies or digital currencies available on paymight.com from time to time at our sole discretion.
You understand and agree that the transaction performed by you through paymight.com is always irreversible once it is executed.
By signing up an Account, you expressly agree that the pooling of your Assets with the Assets of other users. All Assets of the users of paymight.com are not protected by any deposit protection or deposit insurance scheme. In the case of an irreconcilable shortfall, you may not receive some or any of your deposited assets or funds.
As the service provider of paymight.com, Paymight reserves its right to process, cancel, correct, clawback or reverse any transaction or transfers or cancel any abnormal transaction results in our sole discretion, even after funds may have been debited from your Account. Paymight also reserve its right to rollback all the transactions where Paymight will reverse the transaction and debit the corresponding Assets from your Account to recover the losses arising from such transaction. Paymight shall have no obligation to reinstate any purchase or transaction at the same price or on the same terms as the canceled transactions.
All transaction is performed by yourself through your Account. Accordingly, Paymight shall not in any way be responsible for any losses caused by your transmittal of funds or Assets.
Subject to you due obligation, Paymight will be responsible to safeguard your Assets which are placed, kept or custodised with Paymight through paymight.com, if any. For the avoidance of doubt, the ownership of any such Assets custodised with Paymight shall remain vested with you and do not become Paymight’s property. You may request to withdrawal your Assets at any time, subject to the terms and conditions under this Terms.
You represent and warrant that you are the ultimate and legal owner of the Assets under your Account on paymight.com and you shall not transfer, assign, pledge, charge or otherwise create any security interest or encumbrance whatsoever over such Assets.
You hereby acknowledge that your Assets are secured in a shared blockchain address and that its interest in such Assets may not be identifiable by specific individualized specific coins, tokens or cryptocurrency unit or specific transaction history, blockchain address or private key or any form of physical documentation or electronic records. Paymight will, at reasonable industry standard, maintain records of your interest in such Assets regardless of the manner of which the Assets being secured.
Upon your purchase or order or transaction with Paymight.com, Paymight may charge you certain fees on top of your desired transaction amount. You understand that without paying such fees, you shall not be able to further proceed with any transaction through Paymight.com. Paymight reserve its rights to adjust and/or change its fees structure and/or whatsoever pricing on Paymight.com.
Upon signing an Account with paymight.com, you also hereby agree that, in the event there is any refund from Paymight and/or paymight.com to you, such refund amount shall be subject to a processing fee of such refund transaction and you shall be responsible to bear such processing fee. Paymight and/or paymight.com shall be entitled to set off such processing fee upon the refund transaction and you shall only receive the refund amount after deducting such processing fee.
In the event that your Account is terminated (provided that you have no outstanding payment owed by you to Paymight under your Account), Paymight will fully return all your Assets custodised with Paymight back to you within ten (10) days after the termination provided that you have provides Paymight clear and accurate instructions in writing. Failing which, Paymight shall be entitled to charge you a management fee over your Assets without any notice to you and you shall settle such management fee before UQPay proceed to return such Assets to you. Such management fee shall be charged in accordance to the pricing at the material times.
Paymight does not bear any responsibility in the event that any instructions of withdrawal or whatsoever transactions provided by you contain any inaccuracy, incompleteness, discrepancy, ambiguity or is unauthorised or fraudulent. Further, you hereby indemnify Paymight and to defend and hold Paymight harmless from all loss incurred in connection with any such authorisation and/or instruction in Clause 45 above, except any loss resulting from Paymight’s gross negligence, wilful misconduct or fraud.
In the event you have failed to settle any outstanding amount due to Paymight, Paymight shall have the right to set off any payment obligation owed by you to Paymight in relation to liabilities arising under your Account against any payment obligation owed by you to Paymight without prior notice to you, regardless of the place of payment or currency of either obligation (and for such purpose the Paymight may make any currency conversion necessary at the Paymight’s prevailing rate).
Paymight’s rights under this section are in addition to any general lien, set-off or other rights to which Paymight may be entitled under any applicable law or legal requirement or otherwise.
Paymight reserves its right to outsource any such trading and/or custody functionalities and its associated obligations.
Any use of or transaction through paymight.com in connection with any of the following categories of activities or businesses is prohibited (“Prohibited Businesses”), and we reserve the right at all times to monitor your transactions or accounts that are related to any of the Prohibited Businesses, including but not limited to:
In the event that we learn or reasonably suspect, in our sole discretion, that your account is or may be associated with any of the Prohibited Businesses as set forth above, we will consider it to be a violation of these Terms and may suspend or terminate your account, and/or block transactions or freeze your funds immediately without notice, and we reserve the right to report any such suspected or actual Prohibited Businesses to the law enforcement authorities.
Paymight will take all reasonable measures to ensure that information you transmit to paymight.com is remain confidential and protected. Kindly refer to our Privacy Policy for the relevant information.
By signing up an Account, you accept, acknowledge and understand that:
This Terms is not reviewed by any authorities. Any information provided in paymight.com are solely for the purpose of providing an overview of market as observed by Paymight only. Do note that we are not involved in giving any advice and paymight.com may not cover all information available on a particular issue. If necessary, we would advise that you conduct your own checks or obtain relevant professional advice externally to your particular circumstances, outside of paymight.com.
Notwithstanding to any other clauses of this Terms, Paymight makes no representations or warranties, and shall have no responsibility or liability for the accuracy, completeness or sufficiency of any data or information received or processed through paymight.com.
Paymight hereby reserve the right to edit, remove, vary, amend and add any information, content, Materials, products or services in paymight.com without any notice to you.
Paymight may outsource its obligations under this Terms to any third party and Paymight is allowed to disclose any relevant and necessary Confidential information to the third party for the purpose of such outsourcing services engaged.
Nothing in the Terms limits or excludes:
Unless stated otherwise, Paymight shall have no liability in respect of:
When paymight.com is unable to operate properly due to the following circumstances and you may be unable to access paymight.com or proceed with any transaction, Paymight assume no liability for any losses or damages. These circumstances including but not limited to:
Damages alone may not be an adequate remedy for breach and accordingly either Party will be entitled to seek the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach.
You hereby agree and warrant that you shall not do or omit to do anything likely to cause Paymight to be in breach of any such laws or regulations.
With the exception of mandatory laws to the contrary, you agree that:
You shall indemnify and keep indemnified Paymight on demand against all losses incurred against or suffered by Paymight in connection with or as a result of:
In response and in accordance to the applicable law, regulations and/or policies, Paymight does not provide services or products to users in certain jurisdictions and regions, including but not limited to (collectively known as “Prohibited Countries):
You hereby agree that the above list of Prohibited Countries is always not exhaustive and shall be pegged to and updated according to the relevant law, regulation and/or policy changes automatically. Paymight will not make any notice to you upon any changes or update on the above list of Prohibited Countries.
By signing up an Account, you are deemed acknowledge that you and/or your operation (if you are a legal entity) are not related to any of the Prohibited Countries. You further acknowledge that if you are prohibited to proceed with any transactions through paymight.com due to the applicable policies, Paymight shall not be liable for all legal consequences including but not limited to civil, criminal and administrative. You shall solely and exclusively comply with any such policy, regulation and law of the relevant jurisdiction, in connection with your own business or any commercial activity.
You also acknowledge that in the event there is any such breach, violation or infringement of any policy, regulation or law of any jurisdiction, you shall indemnify, defend and hold harmless Paymight (including its shareholders, directors, employees, agents, and representatives) absolutely and forever, from and against all claims, actions, damages, suits, liabilities, obligations, costs, fees, charges, legal fees and any other expenses whatsoever, whether criminal, civil, or commercial in nature, directly or indirectly, arising from the aforementioned responsibility to comply with all applicable laws.
In the event that there is any uncertainty or ambiguous to any relevant policy and/or list of Prohibited Countries and/or legal concerns, you shall obtain legal advice from your legal professionals that are licensed to practice law in the jurisdictions and/or area of law where you may be concerned with.
For the purposes of reverse solicitation provisions, by signing up an Account with paymight.com, you hereby agree that (i) you have approached Paymight and paymight.com on an unsolicited basis, and (ii) that any further access to or communication with paymight.com or separate approach to Paymight is at your own initiative. Parties hereby agree that Paymight is not soliciting you to proceed with any transactions on paymight.com.
"Force Majeure" means:
(i) In relation to either Party, any circumstances and conditions render it non-performance or delay in performance under this Terms and/or paymight.com, including but without limitation to acts of God, flood, fire, storms, droughts, typhoons, earthquakes, and social events such as war (whether declared or not), turmoil, strikes, government actions, policies or laws, and any other circumstances of similar nature which is directly or indirectly beyond the control of the parties under this Terms, unforeseeable and unavoidable; and
(ii) Any circumstance and conditions directly or indirectly affected, contributed and/or caused by Clause (i) above, including but without limitation to hacking (eg. DDoS attacks), equipment failures, network failures, service failures caused by power outages of cloud service providers, management failures, or digital currency damage/loss caused by and not limited to viruses and bugs, and any other circumstances of similar nature.
Neither Party shall be deemed to be in breach of this Terms, or otherwise be liable to the other, by reason of any delay in performance, or non-performance, of any of its obligations to the extent that such delay or non-performance is due to any Force Majeure, and the time for performance of that obligation shall be suspended and extended accordingly.
By signing up an Account, you acknowledge that:
You shall ensure the confidentiality of the documents, material, any Confidential Information. You hereby agree that the following obligations to Paymight:
Non-confidentiality of your information and data. You agree that all information and particulars sent or submitted by you through paymight.com is non-confidential and non-proprietary unless otherwise expressly indicated. You also undertake not to submit any information and materials which are or may be offensive, illegal or which may not be lawfully disseminated under the applicable law or any other relevant country.
In the event you are communicate with us (or our appointed third-party service provider) through any designated communication platform available on paymight.com, you are deemed consented to receive communication from us electronically and such communication together with its contents is not confidential.
Upon sign up for an Account, you are deemed agree that (and will ensure that any of your personnel will):
Upon sign up for an Account, you are also deemed agree that Paymight will carry out investigation checks, whether by Paymight itself or by any third-party engaged by Paymight, on each and every transaction that you receive, request, perform and/or proceed through paymight.com.
In the event that Paymight found that such transaction is suspicious, containing any high risks (in accordance to Paymight’s policy) and/or restricted or prohibited under any applicable law or regulations in any jurisdiction, to the extent permitted by any law, Paymight and/or paymight.com reserves its right to (i) report such transaction to relevant authorities; (ii) suspend such transaction and hold the transaction fund in accordance to any applicable policies, regulations or law or until any relevant authorities provide us any instructions on such transaction, whichever is applicable; (iii) deal with such transaction fund in accordance to any applicable instructions of authorities, policies, regulations and law or in Paymight’s discretion if there is absence of any such instructions, policies, regulations or law; and (iv) provide any necessary information, documentation and/or material for its investigation purpose. You agree that you shall be sole responsible to such transaction and fully indemnify Paymight from any such liabilities incurred from aforementioned circumstances under this clause.
Paymight has not reviewed, and assumes no responsibility for any third-party content, hyperlinks, functionality, security, services, privacy policies, or other practices of those contents or websites. In the event that the terms of service for those contents or websites, including their respective privacy policies, is different from these Terms and/or our Privacy Policy, these Terms and/or our Privacy Policy may also apply to your access and usage of those contents or websites.
We reserve the absolute right to object or disable any link or frame to or from paymight.com.
Third-party content may appear on paymight.com or may be accessible via links from paymight.com. Paymight shall not be responsible and hold no liability for any infringement, mistakes, misstatements of law, defamation, libel, slander, omissions, falsehood or profanity in the statements, opinions, representations or any other form of content contained in such third-party content. When you leave this website, these Terms shall no longer govern. You are responsible for reviewing the relevant terms and conditions on such third-party websites and complying with them.
ENTIRE AGREEMENT. Unless stated otherwise, this Terms together with other terms and conditions, policy, agreements (if any and (as amended and annexed from time to time) shall contain the whole agreement between you and Paymight relating to your usage of and transactions on paymight.com and supersede all prior terms, policy, agreements, arrangements and understandings between the parties relating to that subject matter.
BINDING EFFECT. This Terms together with other terms and conditions, policy, agreements, if any, shall be binding upon the Parties and its permitted legal assigns and successors in title by operation of law or otherwise.
SEVERANCE. Illegality, invalidity or unenforceability of any provision in this Terms under the laws of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction and the legality, validity or enforceability of other provisions of this Terms.
ASSIGNMENT. You shall not assign any of its rights under your Account without the prior written consent of Paymight. Your Account shall apply to, and be binding in all respects upon, and inure to the benefit of the permitted legal assigns and successors in title by operation of law or otherwise.
THIRD-PARTY RIGHTS. Any third-party to your Account shall not have any right under any legislation to enforce any term under this Terms, but it does not affect any right or remedy of a third party which exists or available apart from any such legislation.
REMEDIES. No remedy conferred by any of the provisions under this Term is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by any of the Parties shall not constitute a waiver by such Party of the right to pursue any other available remedies.
WAIVER. Any Party fails to exercise or delay the exercise of any right or remedy hereunder shall not be deemed a waiver of rights or remedies by any Party. No separate or partial exercise of rights or remedies can prevent exercise of further or other rights or remedies, or to prevent other exercise of the rights or remedies.
FURTHER ASSURANCE. Parties agree to do everything reasonably necessary at its own expenses to give effect to any usage of or transaction on paymight.com and any transactions contemplated by it including but not limited to the execution of documents, and to use all reasonable endeavours to cause relevant third parties to do likewise.
NO PARTNERSHIP OR AGENCY. Nothing in this Terms or your Account is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
GOVERNING LAW. These Terms shall be governed and construed in accordance with laws of England and Wales without regard to the principles of conflicts of laws thereof.
[end of this Terms of Service]
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