Terms of Service

1. https://www.paymight.com/ and/or any associated application program interface or mobile application, if any (collectively as “PayMight.com”) is a payment technology platform operated by and proprietary to PayMight (as defined below).

2. Please read this Terms of Service ("Terms") carefully before you use, access, or sign up for an account on PayMight.com ("Account"). Your visit, access or use 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 use of PayMight.com.

3. This Terms shall constitute a binding legal agreement and understanding between one or more of the following PayMight (individually or collectively, as applicable) and the user of PayMight.com ("user", "you", "your" or "customer") regarding all access, use, all activities, transactions and/or purchase made by you, that may be accessible, whether directly or indirectly through PayMight.com:

   • a. PayMight Fintech Ltd. (Incorporation Number: BC1364508), a company incorporated in Canada with registered office address at Suite 1600, Cathedral Place, 925 West Georgia Street, Vancouver BC V6C 3L2, Canada. It is registered as a Money Services Business by the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC); and/or
   • b. PayMight LLC (Entity ID Number: 20231139413), a business registered in the State of Delaware, United States of America with principal place of business at 1500 N Grant St, Ste R, Denver, CO 80203, United States of America. It is registered as a Money Services Business by the Financial Crimes Enforcement Network (FinCEN).

   (collectively and respectively "PayMight", "we", "us" or "our").

4. Depending on the circumstances including but not limited to your residency, your service needs, and applicable regulatory requirements, to the relevant services may be provided by one or more PayMight entities that are duly authorised and regulated to provide such services. When you access, purchase or use multiple services offered by us, you acknowledge and agree that you may enter into separate contractual relationships under this Terms and/or other applicable terms and conditions with one or more PayMight.

5. For the purposes of this Terms, you and PayMight shall be individually referred to as a "Party", and collectively as the "Parties". This Terms between you and PayMight shall be effective as of the date of your initial access, use or Account (as defined below) registration.

6. If you are under the age of eighteen (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 use, access or sign up for an Account, and that parent or legal guardian must agree to this Terms. If you do not know whether you have reached the legal age, or do not understand this section of Terms, please do not use, access or sign up for an 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 signs up for an Account, any registration for, access to and/or use of such Account by that minor shall constitute your irrevocable acceptance and agreement to be legally bound by this 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 use, activities, transactions and purchases of that minor using that Account, whether such Account is signed up or registered before or after this Terms came into effect. Notwithstanding the foregoing, PayMight reserves the right to suspend and/or terminate any such Account registered on PayMight.com.

7. Even if you are of legal age under the applicable laws of your country, you hereby represent and warrant that you possess the full legal capacity and authority to enter into binding contracts. By registering for, accessing or using an Account, you confirm that you possess the requisite legal capacity, authority, and understanding necessary to be bound by this Terms and to comply with all applicable laws and regulations governing your use of the Account and PayMight.com.

8. For avoidance of doubt, this Terms shall prevail 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.

General

9. The Terms of Service visible on PayMight.com at any time will be the most current version of the Terms, and it shall be applicable on an “as is” “where is” basis. Please note that this Terms may be amended at our sole discretion from time to time without any prior or further notice to you. The amended Terms will be posted on this page and your continued use and access to PayMight.com after such amended Terms is posted shall be deemed as your irrevocable consent and agreement to the relevant changes and amendments.

10. PayMight may suspend or terminate PayMight.com and/or this 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 by you to us prior to the suspension or termination.

11. Unless stated otherwise, the following terms shall have the following meanings and/or interpretations throughout the Terms, and in the event that there are any capitalised words and expressions not defined in this Terms, it shall have the same meaning as defined in any other applicable terms, conditions, policies or whatsoever provisions that may be available on PayMight.com from time to time:

• "Assets" means assets, funds, monetary value or other supported electronic value made available, belonging to you which are placed, held in custody, processed or transacted through PayMight.com, in accordance with applicable laws and regulations.
• "Confidential Information" refers to all exclusive, confidential, non-public technical and commercial information disclosed by PayMight to you or your agents, representatives, employees or any personnel in relation to your use of and transaction on PayMight.com, including but not limited to:
  • a. any technical information such as Research & Development (R&D) designs, service design concepts or ideas, software documentation, service and specifications, data, models, samples and drafts;
  • b. business information, such as marketing requirements and strategies, plans and prices, client list, direction of business development, others involving in the management and operation systems and processes;
  • c. any information, software, data and other information of the other party and/or its related party; and
  • d. other information which is not able to obtained from any public resources.
• "day", "week", "month", "year" refers to that day, week, month, year in accordance with the Gregorian calendar (any "daily", "weekly", "monthly", "yearly", "annually" shall also be construed accordingly).
• "Insolvency Events" refers to the events that an individual, company or entity becomes unable to meet his/her/its financial obligations to his/her/its creditors as debts become due. It shall include but not limited to the following circumstances (as applicable to you, whether you are an individual or a legal entity):
  • a. you have become insolvent or is unable to meet your debts in accordance with any laws or regulations;
  • b. you are adjudged bankrupt or subject to any bankruptcy proceedings or bankruptcy order;
  • c. a petition for an administration order is filed at any court against you at any court;
  • d. you enter into liquidation whether voluntarily (save for the purpose of permitted amalgamation or reconstruction) or compulsorily;
  • e. you seek for a re-organisation or to effect a plan or other compromise, arrangement or composition with your creditors;
  • f. you apply for, consent to, and/or acquiesce in the appointment of any receiver, trustee, administrator, or similar officer for all or a substantial part of your property, or such appointment is made;
  • g. you (if you are a legal entity) have passed a resolution for your winding up or a court of competent jurisdiction has made an order for your winding up which is not dismissed within seven (7) days; or
  • h. any analogous or equivalent event occurs under the laws of any applicable jurisdiction.
• "PayMight" as defined in Clause 3 above and including its affiliates, parent company, and subsidiaries, if any.
• "Privacy Policy" refers to the privacy policy published on PayMight.com.
• "Sanctions" any economic sanctions laws, regulations, embargoes or restrictive measures administered, enacted or enforced by the applicable authority and/or government, from time to time and as the case may be.

12. 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.

13. Words importing singular include plural and vice versa, words importing any gender include every gender, words importing persons include bodies corporate and unincorporate.

14. References to clauses and other provisions herein are references to clauses and other provisions herein and terms defined herein shall have the same meaning which used throughout this Terms.

15. 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.

16. A reference to writing or written excludes fax but not email.

17. PayMight reserves all rights not expressly granted under this Terms.

18. Any name, label, or product designation given to a service in this Terms is used for identification and convenience only. We may change, rebrand, or otherwise redesignate the name of any service from time to time without requiring your prior consent and without affecting the Parties' rights and obligations under this Terms. The characterisation and scope of a service shall be determined by reference to its substance as actually provided, and not by reference to the name used for it at any given time.

Proprietary Rights

18. 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").

19. 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.

20. All rights, titles and interests of the intellectual property rights and Materials are owned by, licensed to or controlled by PayMight despite any purchase, payment, transaction or activities conducted under your Account or through PayMight.com.

21. 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.

22. 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.

23. You hereby warrant that you shall not in any way 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.

24. Upon signing up for an Account, you are deemed to have consented and agreed that PayMight may use, publish or display your name, trademarks, branding or any relevant logos and symbols for marketing and promotional purposes. Any such use or publication shall not constitute as an infringement by PayMight. You may at any time and upon reasonable written notice to PayMight request that PayMight cease using your name, logo, trademarks and general business information for these purposes.

Account

25. In order to access, use, purchase, convert, sell or initiate whatsoever transaction on PayMight.com at any material times, you are required to register an Account, and complete all and every onboarding and compliance requirement as may be required by PayMight from time to time. PayMight reserves its right to (i) perform any compliance review on ad-hoc or periodic basis against your Account; (ii) subject to the activities and transactions designated for your Account, impose additional compliance requirements and/or reviews against your Account (even if such additional requirements and/or reviews may not be required under any laws or regulations); and (iii) update our compliance requirement and/or compliance policy from time to time without any prior notice to you.

26. Unless (i) you have signed up for an Account; and (ii) you have fulfilled and completed all our compliance and onboarding requirement or process, 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 PayMight’s compliance requirement(s) and approval.

27. By signing up for or registering an Account on PayMight.com or by visiting PayMight.com, we may provide you with access to and utilise PayMight.com and/or the available services and/or functionalities on an "as is" “where is” “where available” basis. Specifically, to the fullest extent permitted by law, we expressly disclaim all warranties, whether express or implied, including but not limited to implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We make no representation or guarantee that the access to PayMight.com, any of the services, products or any materials contained therein will be continuous, uninterrupted, timely, secure, or error-free.

28. You may be able to use your Account to gain access to other products, websites or services to which we make available, integrate, partner or collaborate with. In such event, you shall refer to the terms and conditions of any such products, websites or services upon your use and access to the same.

29. 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 this Terms and act on such entity's behalf, and that entity shall be deemed to have agreed to be responsible to us if you violate this Terms; and (c) all the documents and information submitted to us in respect of the entity and/or yourself is factual, accurate and real.

30. By signing up for an Account on PayMight.com, you have accepted and agreed:

• a. that it is your responsibility to safeguard and maintain adequate security and control of any and all relevant login credentials, password, access credential(s) or other security information to access your Account and Asset. If you suspect that is any security breach in relation to your Account, such as login credential, password, access credential or other security information has been lost, stolen, misappropriated, used without authorization or otherwise compromised, you must contact us immediately notifying us of such action, and you agree to change your security information, if necessary;
• b. to authorise us to assume that any user of your Account who has logged in by using your Account login credential, password, access credential(s) or other security information is you and yourself;
• c. to ensure that you log out from your Account at the end of each session on PayMight.com;
• d. to ensure that your Account information is accurate, complete, up to date and not misleading. It is your responsibility to update all changes of your Account details and information promptly;
• e. that you shall not assign or transfer your Account to any other third party;
• f. that PayMight has the right to permanently remove inactive Account and disable any Account login credential and password at any time;
• g. you shall only be allowed to access, use or continue to use any services or products, and proceed with any transaction on PayMight.com subject to your fulfilment of all compliance requirement and approval from PayMight from time to time. PayMight reserves all right to reject, suspend or terminate your Account if such compliance requirements are not met; and
• h. in any event that you register and/or create any authorized representative for your Account, you hereby agree that (a) it is reasonable for us to assume that it is your voluntary act and will to grant such authorization; (b) you have completed the necessary documentation and/or legal arrangement with such user in respect of such authorization; and (c) it is your responsibility to ensure your authorized representative use the Account in accordance to your instructions, and your hereby indemnify PayMight from any loss and damages arising from any such failure to comply.

31. You are fully responsible for all activities and transactions that occurs and made in and under your Account even if such activities or transactions were proven to have not been physically committed by you. PayMight will not be liable for any loss or damage arising from unauthorized use of your login credentials, password, access credential(s) or other security information, or your failure to comply with any of this 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:

• a. extended periods of inactivity of your Account;
• b. your Account is found in violation of the spirit of this Terms;
• c. PayMight has reasonable concerns about your profile, including your use of PayMight.com;
• d. illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour under your Account;
• e. our or your Account's behaviour is harmful to any other parties, or the business interests of PayMight;
• f. you have been placed on any national or international restricted or prohibited lists, which prohibited you from proceeding with any transactions through PayMight.com;
• g. you have failed to settle any outstanding amount due to PayMight;
• h. Insolvency Events against you;
• i. there is a change in control in your organization, including but not limited to by way of merger and acquisition, wherein in relation to an entity which is controlled by a person, that person ceases to do so, or any other person acquiring control of it where it may affect the ultimate beneficial ownership, directly or indirectly;
• j. you have failed to comply or fulfil PayMight's compliance requirements in accordance with our compliance policy and/or any applicable laws or regulations;
• k. PayMight suspends or stops all or part of its services or functionalities on PayMight.com for any reasons; and
• l. as required by any laws or authorities.

32. You may opt to terminate your Account voluntarily provided that there are no outstanding transactions between you and PayMight. Clause 35 below shall be applicable for such termination. In the event that either Party intends to terminate this Terms, you may terminate this Terms at any time by providing us with at least two (2) months’ prior written notice, and PayMight may terminate this Terms at any time by providing you with at least one (1) month’s prior written notice.

33. Any use 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 use of PayMight.com, PayMight may terminate your Account immediately with or without notice to you and you shall indemnify PayMight from and against any such liability in such event.

34. You may terminate your Account by any available measures or functions on PayMight.com from time to time. Notwithstanding any such termination, you shall remain responsible and liable for all activities and transactions conducted through your Account, whether initiated prior to or subsequent to such termination, and regardless of whether such termination process is completed or incomplete. PayMight shall have no liability arising from, and you hereby agree to indemnify PayMight from and against, any losses or damages incurred due to your actions, use or termination of your Account.

35. For the avoidance of doubt, the contractual relationship between you and us shall be deemed terminated upon the termination of your Account. Unless stated otherwise, termination of this Terms and/or termination of your Account shall not affect:

• a. either Party’s rights in respect of any breach of this Terms occurring before such termination;
• b. either Party’s liabilities incurred prior to such termination;
• c. your obligation to pay sums due to us which have accrued and payable prior to the date of termination; and/or
• d. the obligations of the Parties to perform any other act under this Terms which was due before such termination.

PayMight.com and Assets

36. PayMight and/or PayMight.com provides an online platform with various features and/or services for you to hold, trade, stake or transact your Assets. However, PayMight reserves its right to add, update, adjust, delist or do whatsoever changes to any features without your prior consent.

37. You understand and agree that the transaction performed by you through PayMight.com is always irreversible once it is executed. PayMight shall not in any way be responsible for any losses or damages caused by your transmittal of funds or Assets.

38. PayMight reserves its right to process, cancel, correct, claw back or reverse any transaction or transfer or cancel any abnormal transaction in our sole discretion, even after the Assets may have been debited from or credited to your Account. PayMight also reserves its right to rollback all the transactions, including by reversing the transaction and debiting the corresponding Assets from your Account to recover the losses arising therefrom. PayMight shall have no obligation to reinstate any purchase or transaction at the same price or on the same terms as the cancelled transactions.

39. By signing up for an Account, you expressly agree to 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.

40. Subject to your due obligation, PayMight will be responsible to safeguard your Assets which are placed, kept or custodies with PayMight through PayMight.com, if any. For the avoidance of doubt, the ownership of any such Assets custodies with PayMight shall remain vested with you and does not transfer to PayMight. You may request to withdraw your Assets at any time, subject to the terms and conditions under this Terms.

41. You represent and warrant that you are the ultimate legal and beneficial owner of the Assets in 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 also agree that the Assets held in your Account will not accrue any interest and any interest earned from the maintenance of your Assets shall not be payable to you.

42. You hereby acknowledge that your Assets are secured in a shared electronic address and may not be identifiable by specific units or specific transaction history, electronic address or access credentials 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.

43. Upon your purchase, order, instruction, or initiation of transaction through PayMight.com, 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 contain 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. PayMight reserves its rights to adjust and/or change its fees structure and/or whatsoever pricing on PayMight.com.

44. 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 PayMight's prevailing rate).

45. Notwithstanding any other provision of this Terms, PayMight shall have the right, at its sole discretion and by written notice to you, to designate, replace or change any of its affiliates, related corporations, subsidiaries, holding companies, or such other entity as may be nominated by us from time to time (each a “Designated Entity”) to pay any amounts payable by PayMight under this Terms on our behalf, or to receive any amounts payable to us under this Terms on our behalf. Any payment made in accordance with this Clause shall constitute full and complete discharge of the relevant payment obligation under this Terms. For the avoidance of doubt, PayMight shall remain primarily liable for the performance of its obligations under this Terms notwithstanding any such designation, and any such designation shall not constitute an assignment of this Terms or any rights or obligations hereunder.

46. In relation to any top-up, reload, credit, transfer, to other transaction involving Assets to your Account, it is your responsibility to review, check and verify all applicable information, guideline, terms or whatsoever instruction that is relevant to such transaction. If any such information, guideline, terms or whatsoever instruction is absent, unclear or incomplete, it is always your responsibility to obtain a clear and complete instruction from PayMight before proceeding. Failing this, PayMight shall not be liable for any loss arising from such transaction.

47. PayMight shall not be liable for any loss or damage arising from any instruction, information or whatsoever details and materials provided by you that are inaccurate, incomplete, inconsistent, ambiguous, unauthorize, or fraudulent. Furthermore, you hereby agree to indemnify, defend and hold PayMight harmless from all loss and damages incurred in connection with any such instruction, information or whatsoever details and materials provided by you, except to the extent such loss or damage results from PayMight's gross negligence, wilful misconduct or fraud.

48. Upon signing up for an Account, you are deemed to have agreed that PayMight may carry out investigations, checks, and due diligence on any transaction carried out through PayMight.com, whether initiated by you or involving your Account. Such checks may be conducted at PayMight’s discretion, or as required by any third party engaged by PayMight or any applicable authority.

49. In the event that PayMight found that any transaction is suspicious, containing any high risks (in accordance to PayMight's policy) and/or restricted or prohibited under any applicable laws 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 laws 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 solely responsible to such transaction and fully indemnify PayMight from any such liabilities incurred from aforementioned circumstances under this Clause.

50. You also hereby agree that, in the event there is any payment from PayMight and/or PayMight.com to you, such payment amount shall be subject to a processing fee 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 payment and you shall only receive the payment amount after deducting such processing fee.

51. The currencies that PayMight support is available on PayMight.com on an "as is” where is" “where available” basis. PayMight reserves its right to add or delist any supported currencies or other supported forms of value available on PayMight.com from time to time at our sole discretion without any prior notice to you.

52. In the event that your Account is terminated, and provided that you have no outstanding payment owed to PayMight under your Account, PayMight will fully return all your Assets held in custody with PayMight within ten (10) business days after such termination, subject to PayMight having received clear and accurate written instruction from you. If such instruction is not provided by you, PayMight shall be entitled to charge you a management fee on your Assets without prior notice to you, and you shall settle such management fee before PayMight proceeds with the return of your Assets. The applicable management fee shall be determined in accordance to the pricing at the material time.

53. PayMight's rights under this Terms 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.

54. PayMight reserves its right to outsource its obligations under this Terms to any third party, including but not limited to any trading and/or custody functionalities, and PayMight is allowed to disclose any of your information that are relevant and necessary, such as Confidential Information, to the third party for the purpose of such outsourcing services engaged.

Collateral

55. We may, at any time, request you to provide a collateral and/or any additional collateral from time to time, in any form that we may request, to us in order to secure your obligations under your card, Account and/or the services (“Collateral”), provided that such Collateral shall not include card/Account balances held for the benefit of the cardholder, if applicable. Any such Collateral shall, where applicable and unless otherwise specified under the relevant services provisions, be held separately from the Account balance.

56. Parties hereby agree that we may, at any time, make such request of the Collateral via email and/or any written notice to you. Such email or written notice shall be deemed as a formal notice and request made by us to you. Failure to comply with such request may render the card, Account and/or services, being suspended, disabled, or terminated, without any liability against us.

57. Parties agree that any such Collateral, if any, shall continue to be held by us for a period of at least one hundred eighty (180) days following the effective date of the suspension or termination of your card, Account and/or the services, for the purposes of covering any potential liabilities under your card, Account and/or the services.

58. We reserve all its rights to re-assess the requirement of Collateral against you from time to time, and to make any adjustment or impose any additional requirement against you in respect of such Collateral and/or on top of such Collateral, at our sole discretion. Any such adjustment shall be communicated via email and/or any written notice to you.

Reserves and Guarantees

59. We reserve our rights, at any time, to request you to maintain a minimum reserved fund with us, whether interest-bearing or non-interest-bearing (as applicable), at such rate or amount as may be required by us through email and/or any written notice (“Reserved Fund”). Such email or written notice shall be deemed as a formal notice and request made by us to you, and failure to comply with such request may result in cessation, suspension or termination of your card, Account and/or the services without any liability against us.

60. Any Reserved Fund shall, where applicable and unless otherwise specified under the relevant services provisions, be held separately from customer funds. We reserve our right to set-off, freeze, restrain such Reserved Fund in the event that:

• a. you and/or your card and/or Account is reasonably suspected of being involved in any fraudulent or suspicious activities;
• b. we reasonably believe that you and/or your card and/or Account have failed to settle any reversal, chargeback, or any other possible reversal in accordance with this Terms; or
• c. you and/or your Account are, or we reasonably believe that you are, unable or unwilling to fulfil your contractual obligations under this Terms, any other terms and conditions published by us on the Website from time to time, and/or any other contractual obligations owed to us.

61. Unless stated otherwise, Parties agree that any such Reserved Fund (if any) shall continue to be held by us after suspension or termination of your card, Account and/or the services for a period of at least one hundred eighty (180) days following the effective date of such suspension or termination, for the purposes of covering any potential liabilities under this Terms and/or any other applicable terms and conditions published by us on the Website from time to time. After which any remaining balance shall be returned to you, subject to applicable law.

62. We reserve all our rights to re-assess the requirement of Reserved Fund against you from time to time, and at any time to make any adjustment or additional requirement against such Reserved Fund, at our sole discretion. Any such adjustment shall be communicated to you via email and/or any written notice.

Adjustment, Chargeback and Retrieval

63. Subject to your lawful justification and supporting documentation, you may request to make voluntary cancellation, refund or adjustment to the amount of any transaction under this Terms. In order to dispute the transaction, you should inform us as soon as possible after the transaction and provide us with any necessary information to enable us to assist you to reverse and/or chargeback the transaction. However, we do not guarantee the result of your cancellation, refund or adjustment request as it may be subject to approval of a third-party bank, card organisation, payment Network or other institution involved in the transaction.

64. Unless you prove contrary to the following non-exhaustive events, you hereby agree that we may at our discretion initiate a chargeback or reversal of fund against you, where we may return the payment amount to your End-Customer, in the following non-exhaustive events:

• a. Unauthorised transactions;
• b. Transactions made and signed under duress, threat or fraud;
• c. Instalment payment plan (if any) transactions after you have ceased to continue the business;
• d. Non-delivery of goods and/or services or delivery of unfit goods and/or services;
• e. The code number generated by an authorised payment transaction or other details does not correspond with our record of the relevant code number or details;
• f. You have breached any terms, conditions, agreements, representatives, warranties or policies with us; or
• g. Dispute arisen or exists between you and any party in relation to the payment transaction and/or its relevant goods and/or services.

65. In any event that any third party, including card organisation, refuses or fails to settle any of your transaction to us, we shall be entitled to refuse any payment or settlement in respect of such relevant payment transaction to you. We shall have no obligation to commence any investigation or enquiries on such relevant transaction except on behalf of the card organisation, plockchain network, or other relevant third party and any additional expenses, costs of or any direct and indirect losses and damages resulted from such investigation or enquiries shall be borne by yourself.

66. In the event there is any chargeback, retrieval or any reversal of fund, you hereby authorise us to set-off of such amount, together with any liquidated damages, administration fee, compensation, penalty, fine or whatsoever expenses and costs from you. In the event that you have no sufficient fund (any fund that is held with us under this Terms) to pay for such aforementioned amount, you shall pay the shortfall to us within two (2) days upon request by us.

67. Without prejudice to any of our other rights herein, you hereby undertake and covenant that you shall solely and absolutely bear all the obligations, liabilities, losses, damages, costs and expenses incurred in any chargeback, retrieval, reversal of fund and/or voluntary adjustment.

68. You hereby agree that you shall always be responsible and liable for any chargeback, retrieval or any reversal of fund raised and against any payment or transactions made and completed under this Terms. In any event of termination, you shall also continue to be responsible and liable for any chargeback, retrieval or any reversal of fund raised and against any payment or transactions made and completed under this Terms, for a period of at least one hundred eighty (180) days following by the effective date of termination of this Terms.

69. Any such chargeback, retrieval, reversal or voluntary adjustment shall be made and reflected in your Settlement and in the event that amount of such transaction has been credited to you, we are entitled to (i) a refund from you of such reversal amount; or (ii) make any set-off or contra payment against any amount otherwise payable to you without prior notice to you. For avoidance of doubt, any fees, costs, losses or damages incurred due to such chargeback, retrieval, reversal or voluntary adjustment shall be fully borne by you.

Transaction Limit

70. Notwithstanding anything to the contrary in this Terms, we may impose certain transaction limit on your Account and the Services on client-to-client basis, including but not limited to minimum and maximum transfer limits, as deemed necessary for security, regulatory compliance or risk management reasons. Transaction limits may also be imposed against your Account depending on your country of residence, beneficiaries’ country and/or any other legal considerations.

71. In the absence of explicit approval from us for a higher limit, all transactions involving foreign currency conversions or Asset conversion are subject to predefined limits. Open positions or unsettled transactions must not exceed the amount limits set at the time of transaction initiation with us or as displayed in your Dashboard. Structuring multiple transactions aimed at exceeding this threshold may result in the blocking of said transactions.

72. We retain the right to periodically assess and modify our internal credit risk policies, and subsequently adjusting transaction limits to align with these policies. In the event of a downward revision of transaction limits, reasonable notice shall be provided to you concerning such adjustments.

Prohibited Activities and Businesses

73. Any use of or transaction through PayMight.com in connection with any of the following categories of activities or businesses is prohibited (“Prohibited Activities” and "Prohibited Businesses" respectively), and we reserve the right at all times to monitor your transactions or Accounts that are related to any of the Prohibited Activities and Prohibited Businesses, including but not limited to:

• a. Prohibited Activities
  • (i) any activity that violates or is intended to violate applicable laws, regulations, or sanctions;
  • (ii) money laundering, terrorist financing, fraud, tax evasion, or other financial crimes;
  • (iii) providing false, inaccurate, or misleading information, or engaging in deceptive practices;
  • (iv) any activity involving unlawful intent, fraudulent objectives, or unlawful outcomes;
  • (v) conduct that may harm individuals or entities, including harassment, abuse, defamation, obscenity, or promotion of violence, hatred, or illegal acts;
  • (vi) transmission or distribution of malicious software, including viruses, malware, spyware, or other harmful code; or
  • (vii) activities likely to result in complaints, disputes, reversals, chargebacks, or financial or reputational risk to PayMight or any third party;
• b. Prohibited Businesses
  • (i) unlicensed money service businesses, including but not limited to payment services providers, the sale of money orders or cashier's checks or any money transmitter activities;
  • (ii) banks or financial institutions that do not maintain a physical presence in any country (a "Shell Bank'') or that have financial activities or services that do not comply with, or would cause PayMight to be in violation of any applicable laws, regulations, or other legal authority;
  • (iii) adult content and services, including but not limited to any types of pornography and other obscene materials (including literature, imagery and other media), sites offering any sexually-related services such as prostitution, escorts, pay-per view, and adult live chat features;
  • (iv) deceptive marketing and false advertising services;
  • (v) religious and/or spiritual organizations;
  • (vi) unlicensed sale of weapons of any kind, including but not limited to firearms, ammunition, knives, explosives, or related accessories;
  • (vii) certain regulated products and services, including but not limited to marijuana dispensaries and related businesses, sale of tobacco, e-cigarettes, and e-liquid, online prescription or pharmaceutical services, age restricted goods or services and toxic, flammable, and radioactive materials;
  • (viii) pseudo-pharmaceuticals companies manufacturing and or selling untested or unapproved pharmaceuticals;
  • (ix) drugs and drug paraphernalia, including but not limited to, sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers and hookahs;
  • (x) unlicensed gambling activities, including but not limited to sports betting, casino games, horse racing, dog racing, lotteries, games of chance, sweepstakes, games of skill that may be classified as gambling (i.e. poker), or other activities that facilitate any of the foregoing;
  • (xi) money-laundering, fraud, terrorist financing, or any other type of financial crimes;
  • (xii) any sort of Ponzi scheme, pyramid scheme, or multi-level marketing program;
  • (xiii) trade in endangered species, wildlife products, ivory, or protected goods;
  • (xiv) unlawful trade in cultural property, artefacts, or items of historical or archaeological significance;
  • (xv) goods or services that infringe or violate any copyright, trademark, or proprietary rights under the laws of any jurisdiction;
  • (xvi) layaway systems, or annuities;
  • (xvii) counterfeit or unauthorized goods, including but not limited to the sale or resale of fake or "novelty" identification documents (IDs) and the sale of goods or services that are illegally imported or exported or which are stolen;
  • (xviii) wash trading, front-running, insider trading, market manipulation or other forms of market-based fraud or deceit;
  • (xix) purchasing goods of any type from hidden service markets or "Darknet" markets, or any other service or website that acts as a marketplace for illegal goods (even though such marketplace might also sell legal goods);
  • (xx) any other matters, goods, or services that from time to time we deem to be unacceptable or of high risk, and which, for example, may be restricted by our and your bank or payment partners;
  • (xxi) any other unlawful activities which would, in our sole discretion, violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where we conduct business, or which would involve proceeds of any unlawful activities;
  • (xxii) entities with bearer share ownership;
  • (xxiii) defence industry, firearms & munitions manufacturers;
  • (xxiv) nuclear energy; or
  • (xxv) transactions or business involving ivory and protected species.

74. Additionally, you must not:

• a. copy, reproduce, exploit, or misuse PayMight.com or its services in breach of this Terms;
• b. use automated systems, bots, scraping tools, or reverse-engineering techniques to access or extract data;
• c. interfere with, disrupt, or compromise the integrity, security, or performance of PayMight.com, its systems, or related networks; and
• d. attempt unauthorised access to any part of PayMight.com, its infrastructure, or any third-party systems connected to it.

75. 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 Activities or Prohibited Businesses as set forth above, we will consider it to be a violation of this Terms.

76. Without limiting any other rights or remedies, PayMight may, at any time and without prior notice to:

• a. suspend, restrict, or terminate your Account;
• b. block, cancel, reverse, or refuse to process any transaction;
• c. freeze, retain, or seize any Assets in your Account;
• d. require additional information, documentation, or verification from you;
• e. report any suspected or actual activity to law enforcement, regulators, or relevant authorities; and/or
• f. take any other action deemed necessary to protect PayMight, its users, or third parties.

77. PayMight shall not be liable for all legal consequences, including but not limited to civil, criminal and administrative actions arising from any of the above events.

Privacy Policy

78. PayMight will take all reasonable measures to ensure that information you transmit to PayMight.com remains confidential and protected. Kindly refer to our Privacy Policy for the relevant information.

General Risk

79. By signing up for an Account, you represent and warrant that you are not in any Prohibited Countries (as defined below) or jurisdictions to continue with any transaction through PayMight.com, and you shall comply with all applicable laws and regulations against you while proceed further with any transactions under your Account.

80. 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.

81. By signing up for an Account, you accept, acknowledge and understand that:

• a. transactions conducted through PayMight.com are exposed to certain technological systems and its inherent risks that may be incurred by their nature;
• b. any such digital transactions are highly volatile due to factors, including but not limited to, adoption, speculation, technology, security, and regulation;
• c. PayMight shall not be responsible for any of these variables or risks associated with any transactions made by you through PayMight.com; and
• d. you agree to assume full responsibility for all of the risks of such transactions.

82. This Terms is not reviewed by any authorities. Any information provided in PayMight.com are solely for the purposes of providing an overview of the 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, research and verification, or obtain relevant professional advice externally to your particular circumstances, outside of PayMight.com.

83. 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.

84. PayMight hereby reserves the right to edit, remove, vary, amend and add any information, content, Materials, products or services in PayMight.com without any notice to you.

Liability

85. Nothing in this Terms limits or excludes:

• a. in relation to each Party, the Liability for:
  • (i) death or personal injury caused by its negligence;
  • (ii) fraud or fraudulent misrepresentation;
  • (iii) any other act or omission, liability for which may not be limited under any applicable law; and
• b. in relation to you and/or the user, the Liability for:
  • (i) any sums properly payable to PayMight under this Terms;
  • (ii) a breach of applicable laws by you; and
  • (iii) arising from any indemnity given by you.

86. Unless stated otherwise, PayMight shall have no liability in respect of:

• a. any incidental, punitive, indirect, special or consequential losses suffered or incurred by you;
• b. any loss of profits, loss of business opportunities or bargain, loss of revenue, loss of anticipated profits, loss of or corruption of data or loss associated with the same, loss of operation time or loss connected with or arising from business interruption, loss of anticipated savings and/or damage to goodwill or any other damage to reputation, (in each case, arising as a direct or indirect result of the applicable claim);
• c. any loss outside of the direct control of PayMight that arises from the negligence, fraud or wilful misconduct or the insolvency of any third-party correspondent bank, liquidity provider, or other financial institution who is part of the payment network used to provide the services;
• d. the non-execution, or defective execution, of transactions or instructions if the information you provided is incorrect, incomplete, insufficient or if such non-execution or defective execution arises out of your failure or delay in providing us with the information we require in accordance with the Terms; and
• e. any error, mistake or non-performance arising from the payee/beneficiary bank if the payee/beneficiary bank fails to process the payment correctly.

87. 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 assumes no liability for any losses or damages. These circumstances include but not limited to:

• a. system downtime during maintenance by PayMight, whether such maintenance is announced or emergency without announcement;
• b. telecom or networking equipment issues;
• c. Force Majeure events (as defined below);
• d. any other issues, including hacker attacks, computer virus intrusion, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack, website or backend maintenance and upgrade, banking related issues, government regulation or mandates, freezing order imposed by any competent authority and any other third-party issues; and
• e. damages to users or other third parties caused by third parties.

88. With the exception of mandatory laws to the contrary, you agree that:

• a. PayMight's total and accumulated liability, regardless of the cause and the number of claims shall be strictly limited to the fee or payment paid by you to PayMight under your Account (excluding your Assets), in the twelve (12) months preceding the event giving rise to such liability or the life span of your Account, whichever is shorter;
• b. under no circumstances can PayMight be liable for the reparation of any special, consequential or indirect losses of or punitive damages caused, contributed or affected by you. PayMight shall only be liable provided for its own gross negligence, wilful misconduct or misrepresentation; and
• c. all claims are time-barred if not made within one (1) year following the date the cause of action accrued.

89. Damages alone may not be an adequate remedy for the 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.

90. Nothing in this Terms shall exclude or limit any liability which cannot be excluded or limited under applicable law.

Indemnities

91. You shall indemnify and keep PayMight indemnified against all losses and damages incurred against or suffered by PayMight in connection with or as a result of:

• a. your breach of any term of this Terms, any legal documents and/or policies published on PayMight.com from time to time;
• b. your failure to comply with any applicable laws and regulations;
• c. your misuse of any services available on PayMight.com;
• d. a third party alleging that PayMight's use of your information or materials as permitted by this Terms infringes any intellectual property rights;
• e. any losses, damages or whatsoever consequences that are incurred in accordance to your instructions; or
• f. PayMight's funding or arranging to fund all or part of any transactions pursuant to your instruction, and/or, you cancel or fail to fully fund such transactions and PayMight incurs losses as a result of the investment, deposit or other deployment of that funding or the unwinding of any arrangement for that funding.

Restrictions

92. 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 the Sanctioned countries from time to time (collectively known as "Prohibited Countries").

93. You hereby agree that the scope of Prohibited Countries is subject to PayMight's internal policies and discretion. PayMight may not make any notice to you upon any changes or update on the scope of such Prohibited Countries. As such, PayMight reserves all its right to reject and/or hold your transaction, suspend and/or terminate your Account, or take whatsoever action or measures that is deemed reasonable by PayMight against you when you are suspected that you are connected to any Prohibited Countries through any means.

94. By signing up for an Account, you are deemed to have acknowledged that you and/or your operation (if you are a legal entity) are not related to any of the Prohibited Countries.

95. 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.

96. 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.

97. In the event that there is any uncertainty or ambiguity to any relevant policy and/or scope of Prohibited Countries and/or legal concerns, you shall obtain legal advice from your duly qualified legal professionals that are licensed to practice law in the jurisdictions and/or area of law where you may be concerned with.

98. For the purposes of reverse solicitation provisions, by signing up for an Account on 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

99. "Force Majeure" means:

• a. 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
• b. any circumstances and conditions directly or indirectly affected, contributed and/or caused by paragraph (i) of this Clause, including but without limitation to hacking (e.g. DDoS attacks), equipment failures, network failures, service failures caused by power outages of cloud service providers, management failures, or damage to or loss of Assets caused by and not limited to viruses and bugs, and any other circumstances of similar nature.

100. 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.

Violation of Terms

101. Violations of this Terms may result in a range of actions, including but not limited to criminal charges and/or civil actions such as claim for damages, interim or injunctive relief.

Reporting

102. If you have any questions, feedbacks, reports or complaints about PayMight.com, please contact us through the contact method(s) and/or contact details as available on PayMight.com from time to time.

103. We will handle your queries, feedback, and complaints promptly, fairly, and in accordance with applicable laws and regulations, and will use reasonable efforts to resolve them.

104. As required under applicable law, please note that we may take steps to request any relevant information from you to verify your identity before any reporting or enquiries.

Confidentiality

105. By signing up for an Account, you acknowledge that:

• a. you may have access to Confidential Information belonging to us;
• b. you must keep such information confidential in accordance with this Terms; and
• c. you may only use such information solely for the specific purposes for which it was disclosed by us to you or as expressly permitted by us.

106. You shall ensure the confidentiality of the documents, material, any Confidential Information. You hereby agree to comply with the following obligations in favour of PayMight:

• a. You shall not disclose any of our Confidential Information to any third party except as required: (i) by law or any authority of competent jurisdiction; (ii) to your attorneys, accountants and other advisors as reasonably necessary; or (iii) for the purposes of defending yourself in relation to actual or threatened proceedings. Provided that in respect of (i) to (iii) above, you will give us reasonable notice in advance of such required disclosure, together with such details as we may request (where notice to us is permissible under the applicable law);
• b. you shall to apply the same security measures and degree of care, but no less than reasonable care, to the Confidential Information as you apply with respect to such information of your own that it does not desire to disclose, publish or disseminate, which you warrant as providing adequate protection from unauthorized disclosure, copying or use;
• c. you will promptly notify PayMight of any unauthorized release, disclosure or access to the Confidential Information or any part thereof;
• d. you will never disclose Confidential Information to any third party, unless you have obtained prior written approval or consent from us;
• e. you shall prevent Confidential Information from being leaked or stolen;
• f. you will take adequate remedial measures and notify PayMight without delay when a leak or steal occurred or is likely to occur;
• g. you shall only reveal the Confidential Information only to your agents, representatives and employees who have a 'need to know' such information in connection with this Terms and are informed of the confidential nature of such Confidential Information and agree to act in accordance with this Terms. You will remain liable for any disclosure of Confidential Information by your agents, representatives and employees as if you had made such disclosure; and
• h. at the request of PayMight, you shall return or destroy the Confidential Information as required by PayMight and issue a written statement to PayMight recording the fact of return or destruction.

107. 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.

108. In the event you communicate with us (or our appointed third-party service provider) through any designated communication platform available on PayMight.com, you are deemed to have consented to receiving communication from us electronically and such communication together with its contents are not confidential.

Compliance with Law and Ethics

109. Upon signing up for an Account, you are deemed to have agreed to (and will ensure that any of your personnel will):

• a. comply with all applicable laws relating to Sanctions, bribery and corruption;
• b. shall have in place an appropriate code of ethics that commits all parties and entities involved in the conduct of the businesses and activities in an ethical manner regarding the prevention of fraud and corrupt practices, the combatting slavery and human trafficking, recognition of employee rights and protection of the environment;
• c. use all reasonable endeavours to ensure that your respective personnel, subcontractors and all others associated with Parties involved in performing services for or on behalf of or otherwise involved with this contractual relationship also complies with the obligations herein stated;
• d. not give or receive any bribes, including in relation to any public official;
• e. that the aforementioned commercial bribery conducted by any of your personnel shall be deemed as your act. PayMight may stop all cooperation with you and have the right to terminate your Account, take measures such as pausing delivery of the services, or freezing all accounts payable against you according to law. If PayMight suffers from your commercial bribery, you shall be fully liable for and shall indemnify us against all such losses; and/or
• f. provide PayMight with sufficient reasonable assistance to enable it to perform any actions required by any government or agency in any jurisdiction for the purpose of compliance with any legislation or in connection with any investigation.

Third Party Content and Hyperlink

110. 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.

111. In the event that the terms of service for those contents or websites, including their respective privacy policies, is different from this Terms and/or our Privacy Policy, this Terms and/or our Privacy Policy may also apply to your access and usage of those contents or websites.

112. 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 PayMight.com, this Terms shall no longer govern you. You are responsible for reviewing the relevant terms and conditions on such third-party websites and complying with them.

113. We reserve the absolute right to object to or disable any link to or from PayMight.com.

Miscellaneous

114. 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.

115. 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.

116. 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.

117. ASSIGNMENT. You shall not assign any of your 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. Notwithstanding the foregoing, PayMight reserves its right of assignment to assign any part of this Terms. PayMight may, without your prior consent, assign, novate, or transfer any or all of its rights and/or obligations under this Terms, whether directly, jointly with, or through to any of its related entities, subsidiaries, or affiliates, any other entity nominated by us from time to time, or to any successor entity arising from a merger, acquisition, or corporate restructuring. You shall accept any performance or delivery by such entity as if such performance or delivery had been rendered directly by us.

118. LIABILITY. For the avoidance of doubt, any such assignment or transfer shall not affect your rights and obligations under this Terms. The liability of each of our entity shall be several and not joint — each entity shall only be liable to you in respect of the obligations expressly performed or undertaken by that entity, as designated from time to time by us.

119. 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.

120. REMEDIES. No remedy conferred by any of the provisions under these 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.

121. WAIVER. Any Party who fails to exercise or delay the exercise of any right or remedy hereunder shall not be deemed as 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.

122. 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.

123. 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 authorize any Party to make or enter into any commitments for or on behalf of any other Party.

124. GOVERNING LAW. This 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]