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PARTNER SITE ADDENDUM

Last updated: September 17, 2022

This addendum (the “Addendum”), in addition to the Terms and Conditions found in https://pdax.ph/terms-and-conditions, and all rules and policies incorporated therein by reference, shall govern your relationship with PDAX when creating, accessing, and using your PDAX Account through a Partner Site. This Addendum is deemed incorporated into the Terms and Conditions. In case of conflict between the Terms and Conditions and this Addendum, this Addendum shall govern.

1. DEFINITIONS

In addition to the definitions in the Terms and Conditions, the following definitions apply:

  1. Partners refer to entities that provide a user interface that allows Users to send instructions to the PDAX Platform or Services through APIs.
  2. Partner Account refers to a Third Party Account maintained with a Partner
  3. Partner Site refers to the interface provided by and/or maintained by the Partner which allows access to the PDAX Platform through APIs.

2. GENERAL POLICY

By signing up for a PDAX Account through a Partner Site, you understand and agree to abide by the terms and conditions of the Partner Site, as may be applicable, in relation to availment of the Services. While PDAX processes instructions received from a Partner through the PDAX APIs, PDAX nevertheless solely controls and maintains the PDAX Platform, the Services, and PDAX Accounts. The Partner is solely responsible for the maintenance of the Partner Site, and the transmittal of instructions through the Partner Site.

3. ACCOUNT OPENING

  1. You may create PDAX Accounts through Partner Site. You authorize PDAX to create a PDAX Account on your behalf, under your name as verified by a Partner, based on customer account information and identification documents you have requested and authorized any of our Partners to disclose to us for the purpose of opening a PDAX Account.
  2. You authorize PDAX to acquire information from the Partner which are required by PDAX’s KYC program and procedures, and to use the same to perform its obligations under this Addendum, the Terms and Conditions and all rules and policies incorporated therein by reference, and all applicable laws, rules, and regulations.
  3. By signing up for a PDAX Account through a Partner Site, you authorize PDAX to share information relating to your PDAX Account to the Partner through whose site your PDAX Account was created.
  4. You are only entitled to open one PDAX Account under your verified name and identification documents, for each Partner Site. The Partner may deactivate, suspend, or terminate your Partner Account(s), if you are in violation of, or are justifiably suspected of violating, this provision or this Addendum. PDAX’s remedies shall be as provided in the Terms and Conditions.
  5. Any PDAX Account created through a Partner Site is separate and distinct from any existing or future PDAX Accounts created through PDAX’s official site, the PDAX mobile application, or any other Partner Site, in terms of balances.
  6. You understand and agree that not all features and functionalities of your PDAX Account may be made available by the Partners through the Partner Sites. PDAX shall not be liable for any loss or damage that may be caused by the unavailability of a Service through the Partner Site.
  7. You agree that the Partner shall not be liable for any loss or damage that you may sustain or incur arising from, or in connection, with your use of the PDAX Platform. Unless the loss or damage is solely attributable to Partner's gross negligence or wilful misconduct, Partner shall not be liable for any loss or damage sustained by you or any other person by reason of your use of the Partner Site, the risk for all are assumed by you. You agree that PDAX shall not be liable for any loss or damage that you may sustain or incur arising from, or in connection with, your use of the Partner Site.

4. REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

  1. any and all information, data, and documents that you provided, are now providing, and will provide in the future through customer account information disclosed by our Partners are true, complete, and accurate; soft copies of all documents that you uploaded, are uploading, and will upload in the future, are true, complete, and accurate copies of the originals; with the undertaking to hold PDAX free and harmless from any and all damage and liability arising from any untrue, incomplete, or inaccurate information, data, and documents that you may have knowingly or unknowingly provided, are now providing, and will provide in the future;
  2. in the event of any misinformation, misrepresentation, or failure on your part to disclose information required either by PDAX or a Partner, PDAX may avail of remedies provided under the Terms and Conditions, while the Partner may reject your Partner Account registration, suspend, or deactivate your access to your Partner Account, and/or recommend to PDAX the rejection of registration, suspension, or deactivation of your PDAX Account, subject to PDAX’s approval;;
  3. you shall immediately inform PDAX in writing, through the Partner Site, of any changes to such information, data, and documents; and
  4. you will not use, misuse, or abuse the Partner Site to circumvent the Terms and Conditions and all rules and policies incorporated therein by reference.

5. DISCLAIMER OF WARRANTIES

PDAX does not warrant:

  1. the accuracy, adequacy, reliability, or completeness of any information and materials found on the Partner Site, and expressly disclaims liability for errors or omissions therein;
  2. that Partner Sites are free from any virus or other malicious, destructive, or corrupting code, or program;
  3. uninterrupted access to the PDAX Platform through the Partner Sites, or that it will be free from any errors or downtime;
  4. the timeliness, accuracy, quality, completeness, or existence of the content and information posted in the Partner Site.
  5. the accuracy, adequacy, reliability, or completeness of any instruction received from the Partner through the Partner Site.

6. PDAX SERVICES

  1. Trading/Conversion
    1. You understand and agree that PDAX transmits quotes of conversion rates to the Partner. PDAX does not warrant that the Partner will accurately reflect PDAX’s quotes, on the Partner Site. PDAX shall not be responsible for any loss that may be caused by any inaccuracy in the quotes appearing on the Partner Site.
    2. You understand that PDAX merely processes your instructions for Orders, as received through Partners. PDAX shall not be responsible for any loss that may be caused by any inaccuracy, failure, or delay in the delivery of instructions from the Partner Site.
  2. Cashing-In and Cashing-Out of Funds

You can transfer Fiat Currency from a verified Partner Account, to your PDAX Account, by sending an instruction to the Partner, through the Partner Site, to debit a desired amount from the Partner Account, and credit the same amount to your PDAX Account. You can also transfer Fiat Currency from your PDAX Account to your Partner Account by sending an instruction to the Partner through the Partner Site, to debit a desired amount from your PDAX Account, and credit the same amount to your Partner Account. Cash-in and cash-out transactions are subject to the fees applicable to such transfers that are charged by PDAX or the Partners. Partners may impose their own cash-in or cash-out limit. PDAX bears no responsibility or liability if there was failure by the Partner, not attributable to PDAX, in deducting or crediting, as may be applicable, the cash-in or cash-out amounts.

  1. Fulfillment of Orders

You understand and agree that PDAX shall be responsible only for validating the sufficiency of the balance in your PDAX Account to fulfill an Order. Should your balance be sufficient for your Order, PDAX shall fulfill the Order and adjust its records of the balance in your PDAX Account. Thereafter, the Partner shall reflect the adjustment of the balance in your PDAX Account, as accessed through the Partner Site. PDAX shall not be liable for any inaccuracy, delay, or failure to update the balance reflected in the Partner Site.

7. STORAGE, DEPOSITS, AND WITHDRAWALS OF DIGITAL ASSETS AND FIAT CURRENCIES

  1. You may elect to use the PDAX Platform to store or keep your Digital Assets temporarily until you transfer it to your own designated Digital Asset wallet. The balance of Digital Assets stored in your PDAX Account created through a Partner Site shall be reflected on the Partner Site. PDAX shall not be liable for any inaccuracy, delay, or failure to update the balance reflected in the Partner Site.
  2. When transacting with Fiat Currency, you hereby acknowledge and agree that the Partners are treated as third-party service providers, and are subject to the terms in Clause 25(b) of the Terms and Conditions.

8. COMMUNICATIONS AND COMPLAINTS

  1. PDAX reserves the right to elect the most appropriate and effective way of communicating with you. You understand and agree that PDAX may send notifications, statements, and/or other matters to your last known mailing address, electronic mail address, mobile phone number, and other contact details, as transmitted to us by our Partners. In addition to the modes of communication listed in the Terms and Conditions, you consent to receive all communications sent by the PDAX through Partner Sites, or through the contact information you have provided to our Partners, which shall be deemed fully delivered to you.
  2. It is your sole responsibility to update your contact information. Your contact information on record is presumed current and updated until you change them. It is your responsibility to ensure that the Partner transmits your information updates to us.
  3. All communications to PDAX required or permitted under the Terms and Conditions and this Addendum may be coursed through the Partner through whose Partner Site your PDAX Account was created. You can modify or remove your permissions granted to a Partner by contacting the Partner’s Help Center
  4. Any modification in your permissions with a Partner may affect how you access your PDAX Account, subject to the terms and conditions of your user agreement with the Partner.
  5. If you have any complaints relating to your PDAX Account created through the Partner Site, you may contact our Partner via the customer support page at the Partner Site. In doing so, you authorize PDAX to allow the Partner to do the following in relation to your PDAX Account: view your transactions, view your balance, create an escalation ticket, and download settlement reports.
  6. You understand and agree that, when PDAX receives a complaint about you or your PDAX Account, or when you raise issues in connection with your PDAX Account including unauthorized access, incorrect information, or unauthorized Transactions, PDAX has the authority, by itself or through the Partner as PDAX’s representative and upon PDAX’s instruction, to lock or unlock your PDAX Account, modify the permissions relating to your PDAX Account, suspend, freeze, block, or unblock your PDAX Account, trades, or crypto in/out transactions, correct the balance of your Digital Assets, and hold or release your Digital Assets. PDAX, on its own or acting on information received from a Partner, may block or close your PDAX Account.

9. DISPUTE RESOLUTION

  1. In the event of a Dispute relating to your PDAX Account created through a Partner Site, you understand and agree that PDAX may, at its discretion, involve the Partner in the resolution of the Dispute.
  2. Where PDAX involves the Partner, you agree to negotiate with the Partner and PDAX in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding), before commencing any arbitration as set out in Clause 16(c) of the Terms and Conditions.
  3. In case of any conflict between PDAX’s and the Partner’s dispute resolution procedures, you agree to be bound by the dispute resolution procedures under paragraph 16 of the Terms and Conditions and by any other relevant provisions thereof.
  4. If you suffer any losses related to the PDAX Platform or the Services which are directly attributable to the fault, misconduct, or negligence of PDAX and the Partner, which is determined in any judgment, award, finding, or investigation to be the joint liability of PDAX and the Partner, PDAX and the Partner shall negotiate in good faith in an effort to agree on the proper allocation of liability, including proper allocation of the costs of any joint defense or settlement. Any liability shall be subject to the limitations of liability in PDAX’s Terms and Conditions, and in your agreement with the Partner through its own terms and conditions.

10. FEES

The Partner may charge fees other than those charged by PDAX. These fees are solely between you and the Partner. PDAX may charge fees different from those charged in regular, non-Partner accounts, which will be made known to you before you are charged.

11. DATA SHARING

As a supplement to the terms in the Terms and Conditions and the Privacy Policy, you give PDAX consent to share the following information to the Partner for the purpose of enforcing and implementing all functions related to your PDAX Account, as created and accessed through the Partner Site, together with all purposes stated in the Terms and Conditions and the Privacy Policy:

  1. Partner ID
  2. Partner Transaction ID
  3. Transaction ID
  4. Amount
  5. Currency
  6. Transaction Type
  7. Status of transaction
  8. Debit Amount
  9. Debit Currency
  10. Transaction Created Date
  11. Transaction Updated Date
  12. Credit Currency
  13. Credit Amount
  14. Crypto Pair
  15. Total PHP Value
  16. Trading Wallet
  17. Lock Status
  18. Mobile Number
  19. Account Identification/Number
  20. Names of persons involved, or suspected of being involved, in the incident
  21. Reason for endorsing
  22. Current account status.

The list may be expanded, depending on the specific agreement with a particular Partner.

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