PDAX Official Logo

USER AGREEMENT

Last updated: October 15, 2021

Philippine Digital Asset Exchange (PDAX), INC. (Formerly, FYNTEGRATE INC.) is a corporation registered and authorized to do business in the Philippines with office address at 12/F, Picadilly Star Building, 27th Street, Bonifacio Global City, Taguig City, Philippines.

The terms “PDAX”, “Company”, “we”, and/or “our” shall refer to Philippine Digital Asset Exchange (PDAX), INC. (Formerly, FYNTEGRATE INC.) , or any of its products or services. The terms “Services” shall refer to any account(s), or product(s), or service(s) availed pursuant to the terms and conditions of the User Agreement set herein (the "Terms and Conditions" or “Agreement”). The word “you” refers to the user of the Services. The terms “Agreement” and “Terms and Conditions” are used interchangeably.

By signing up, opening an account, and/or logging in to your Account through pdax.ph, application programming interfaces (“APIs”), or web or mobile application (collectively the "Site"), you agree that you have read, understood, and are bound by the Terms and Conditions, the Privacy Policy, and the Trading Rules (each of which are made available on pdax.ph, the Site, and incorporated as integral parts of this Agreement) and all applicable laws, rules and regulations; and you warrant to be fully and wholly bound by these Terms and Conditions of your own free will and deed; and that you fully understand and acknowledge the contents, meaning, implications, and effects of the same without limitation or qualification. You warrant that you would not use or access our Services if you had any claim or reservation against any matter in these Terms and Conditions and that you have received professional and/or legal advice and guidance to read, understand, and agree to these Terms and Conditions.

PDAX can amend and/or revise these Terms and Conditions at any time by posting on and updating this page. You are bound by any amendments and/or revisions made by the Company, and you should periodically visit this page on which we supply content, products, or services available to review and be updated on any changes made herein to which you are bound by your continued use of PDAX’s Services.

PLEASE READ THE ENTIRE TERMS AND CONDITIONS CAREFULLY.

IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS OR ANY REVISIONS THERETO, YOU SHOULD NOT SIGN UP, OPEN AN ACCOUNT, MAINTAIN OR ACCESS AN ACCOUNT, AVAIL OF ANY OF OUR SERVICES, AND/OR ACCESS THIS PLATFORM IN ANY MANNER.

EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS, AND RULES CONTAINED IN THESE TERMS AND CONDITIONS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL AND WHETHER FROM PDAX, ITS AFFILIATES, OR ANY OTHER PARTY, WITH RESPECT TO YOUR USE AND ACCESS OF THE PDAX PLATFORM AND SERVICES.

TERMS AND CONDITIONS

1. GENERAL POLICY

  1. You are required to register on the Platform and open an Account if you want to use or avail of any of the Services.

  2. By signing up and opening an Account with PDAX, you affirm and warrant that: (i) you are a natural person, at least eighteen (18) years of age; (ii) have all the legal capacity to act and enter into an agreement with PDAX and use its Services under all applicable laws and regulations; (iii) you are not a resident of an unsupported jurisdiction as published on PDAX’s Site or where availing of PDAX’s Services is prohibited by law; and (iv) you have not been previously suspended or prohibited from maintaining an Account, being a User of the Platform, or availing of PDAX’s Services. Furthermore, you bind yourself to submit the needed documents pursuant to the Company’s requirements, including those in relation to the Company’s Money Laundering and Terrorist Financing Prevention Program and Know-Your-Customer Policy, Privacy Policy, and other documents as required by law and regulation.

  3. You are bound by these Terms and Conditions the moment you register as a User of the Platform and continue to be bound by such Terms and Conditions and any amendments thereof by your continued access of your Account and the use of the Services or the Platform after such amendments take effect.

2. DEFINITION OF TERMS

  1. Account means your account with PDAX and refers to the relationship you have established with PDAX, which enables you to conduct a range of transactions such as, but not limited to, placing orders, trading, cashing in and cashing out, as well as sending and receiving of Digital Assets.

  2. Anti-Money Laundering Council (AMLC) refers to the government agency authorized to receive, review, and investigate any covered or suspicious transactions under the Anti-Money Laundering Act of 2001 and its implementing rules and regulations, as amended (AMLA).

  3. Bangko Sentral ng Pilipinas (BSP) refers to the government agency authorized to supervise and regulate financial institutions, particularly digital asset service providers.

  4. Blockchain refers to a digital ledger which publicly and chronologically records transactions involving cryptocurrencies.

  5. Digital Asset (also called “cryptocurrency,” “virtual currency,” “digital currency,” or “virtual commodity”), such as bitcoin or ether, refers to a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network.

  6. Downtime refers to a period when the PDAX Platform is unavailable to use due to system or machine error such as, but not limited to, system update, regular maintenance, loss of power, and other similar incidents.

  7. Fiat Currency refers to government-issued currency that is designated as legal tender in its country of issuance through government decree, regulation, or law.

  8. Order refers to the instruction, sent through the Exchange, to buy, sell, exchange, or trade a particular Digital Asset.

  9. Order Book refers to the Platform’s electronic list of buy and sell O rders for a specific Digital Asset pair or Digital Asset to fiat currency pair, indicating the number of digital assets being bid on or offered at each price point.

  10. Platform refers to the software applications through which PDAX provides its products, services, and content, including such applications’ servers, source code, code base, and wallets;

  11. Securities and Exchange Commission ("SEC") refers to the government agency authorized to regulate and supervise corporations registered within the jurisdiction of the Philippines.

  12. Services refers to the services made available from time to time by PDAX through the Platform and its mobile applications and any other related services made available to you by PDAX, including but not limited to the storage, transfer, buying, selling, or trading of Digital Assets.

  13. Trade or Transaction means your purchase or sale of Digital Assets through the facilities of PDAX’s Platform (in exchange for other Digital Assets or Fiat Currency).

  14. Trading Contract refers to the contract of sale perfected between the seller and the buyer of the Digital Assets upon the matching of their respective sell and buy O rders on the Order Book and the simultaneous delivery through the Platform of the Digital Asset sold in exchange for the Digital Asset or Fiat Currency that is the consideration for such sale .

3. ACCEPTABLE USE POLICY

  1. The Platform and its Services, as well as all the copyright, trademark, patents, and other intellectual properties and any documentation, and any portion thereof, complete or incomplete, remain to be the sole property of the Company and/or its licensors. Without the express written consent of the Company, you shall not cause the Platform and/or its Services and its documentation to be copied, reproduced, translated, exhibited, transmitted, transferred, assigned, marketed, licensed, leased, or sold in any manner or in any form.

  2. PDAX grants you a revocable, limited, non-exclusive, non-transferable, non-assignable, and non-sublicensable license to access and use the Services through your computer or mobile devices for your personal/internal purposes; provided that this grant of limited license is subject to your constant compliance with the express terms and conditions stated in these Terms and Conditions.

  3. You may not modify, reverse engineer, translate, decompile, or disassemble the Platform and/or its Services or any of its parts, derivatives, and forms.

  4. You agree to be bound by the following acceptable use policies:

    1. You shall use the Platform, any and all of the Services only for their intended purpose, and in accordance with all applicable laws, regulations, other guidelines issued by government agencies, and these Terms and Cond itions.

    2. You shall not seek to gain unauthorized access or exceed authorized access with regard to your or other Accounts and any other part of the Platform.

    3. You understand and agree that the Company may require you to divulge the nature of the transaction being facilitated by your use of the Platform and our Services, if the Company determines, at its sole discretion, that it is necessary to comply with any applicable law.

    4. You shall not use the Platform, its customer service channels, and/or any and all of the Services for the following purposes:

      • To violate any law, regulation, or issuance by any competent legal authority;
      • To facilitate the sale of any object that is outside the commerce of men;
      • To violate public interest, public morals, or the legitimate interests of others;
      • To facilitate transactions involving illegal drugs, drug paraphernalia and other controlled substances in accordance with applicable law;
      • To cause any harm or damage any part of the Platform or Services;
      • To cause any harm or damage to any user of the Platform or Services, including any actions that would interfere with, disrupt, adversely affect,
        restrict, or prevent other Users from using the Services
      • To threaten, abuse, or invade another's privacy, or to harass, vilify, upset, embarrass, libel, alarm or annoy any other user or person, including the Company’s employees or personnel;
      • To facilitate transactions involving the sale of products which endanger the
        safety, health, and well-being of individuals;
      • To facilitate transactions that encourage or incentivize or are related to
        illegal activities;
      • To facilitate transactions involving stolen, smuggled, or otherwise illegally acquired goods and/or services;
      • To facilitate transactions involving firearms, explosives, ammunition and any other weapon or accessories of the aforementioned items that are prohibited under applicable law;
      • To facilitate the infringement of any intellectual property right;
      • To facilitate Cybercrimes as defined in R.A. 10175 and other applicable      laws;
      • To facilitate Child-Pornography as defined in R.A. 9775 and other      applicable laws;
      • To facilitate prostitution and other sexually-oriented services;
      • To facilitate transactions relating to pornography;
      • To facilitate money-laundering as defined in the AMLA (R.A. 9160), as
        amended;
      • To facilitate terrorism financing or terrorist acts as defined in R.A. 10168;
      • To facilitate “get rich quick” schemes, pyramid schemes, or Ponzi
        schemes;
      • To facilitate bribery or corruption of public officers;
      • To facilitate any form of ethical, legal, or illegal hacking;
      • To facilitate or engage in market manipulation (such as pump and dump      schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether such manipulation is prohibited by law);
      • To send, or procure the sending of, any unsolicited or unauthorised electronic communication, advertising or promotional material or any      other form of similar solicitation (spam); and
      • To facilitate any form of larceny, theft, robbery, estafa, or embezzlement.
    5. Without PDAX’s express written consent, you are prohibited from the following commercial uses of PDAX data:

      1. Trading services that make use of PDAX quotes or market bulletin board information;
      2. Data feeding or streaming services that make use of any PDAX market data; and/or
      3. Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from PDAX.
    6. You may not (1) use any deep linking, web crawlers, bots, spiders, or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of the Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through the Services; (2) attempt to access any part or function of the Platform without authorization, or connect to the Services or any PDAX servers or any other systems or networks of any PDAX Services provided through the services by hacking, password mining, or any other unlawful or prohibited means; (3) probe, scan or test the vulnerabilities of the Platform or the Services or any network connected to the properties, or violate any security or authentication measures on the Services or any network connected to the Services; (4) reverse look-up, track or seek to track any information of any other Users or visitors of the Services; (5) take any actions that impose an unreasonable or disproportionately large load on the infrastructure of systems or networks of the Services or the Platform, or the infrastructure of any systems or networks connected to the Services; (6) use any devices, software or routine programs to interfere with the normal operation of the Services or any transactions on the Services, or any other person’s use of the Services; (7) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to PDAX, or (8) use the Services in an illegal way.

4. ADHERENCE TO TRADING RULES

You understand and agree that by opening an Account, signing up, transacting on the Platform, or availing of the Services, you are obliged to adhere to and observe the Trading Rules imposed by PDAX. The Company reserves the right to suspend or terminate your PDAX account if it finds that you have violated the Trading Rules.

5. RISK DISCLOSURE

You understand and agree that holding Digital Assets comes with significant risks as the price and value of such assets are subject to market forces. The prices may change rapidly and potentially cause great losses to you. PDAX has no control over the pricing and valuation of Digital Assets, and as such, the Company shall not be liable for any losses you may incur in transacting, dealing, or trading your digital asset.

By using the Services, you accept all risks of acquiring, trading, possessing, or otherwise transacting with Digital Assets through the Services. Among other risks, you may lose Digital Assets and/or Fiat Currency; your Digital Assets may lose some or all of their value; you may be unable to acquire, transfer, trade, lend, or access Digital Assets; you may, as a result of your trading activities, owe amounts of Digital Assets or Fiat Currency greater than the amount available in your Account; and you may be unable to receive financial benefits available to other holders of Digital Assets; and you may suffer other types of financial losses.

You are solely responsible for and it is entirely incumbent upon you to make an independent evaluation of the merits, benefits, risks, security, integrity, operation, and platform of any Digital Assets that you decide to acquire or trade. You represent and warrant that you have sufficient knowledge, experience, understanding and information to make such evaluations and have taken such professional advice as you deem necessary and appropriate.

6. AMENDMENTS AND REVISIONS

You understand and agree that PDAX reserves the right to amend, revise, update, and/or make changes in and to the Terms and Conditions as it deems fit. Unless otherwise expressly indicated, any changes or updates will be effective immediately upon posting to the Platform. By logging in to your Account, you affirm that you have read and agreed to any update(s), amendment(s), or revision(s) made herein. You must visit this page to see changes to which you are bound by your use of your Account and/or the Services. Under certain circumstances we may also elect, at our sole discretion, to notify you of changes or updates to our Terms and Conditions by additional means, such as pop-up or push notifications within the Services or email.

The Company reserves and you expressly agree to the Company’s right to change any of the terms, rights, obligations, or institute new charges for access to or continued use of the Services at any time, with or without providing notice of such change. You are responsible for reviewing the information and terms of usage as may be posted from time to time. Continued use of the Services, access of your Account, or non-termination of your Account after changes are posted constitutes your acceptance or deemed acceptance of the terms of the Agreement as modified.

Copies of the most up-to-date version of the Agreement will be made available in the Site at all times.

7. GOVERNING LAWS AND JURISDICTION

  1. You understand and agree that the Terms and Conditions herein shall be governed by and construed in accordance with applicable laws of the Republic of the Philippines.

  2. All applicable laws, circulars, rules and regulations, and guidelines of the BSP, AMLC, SEC, Bureau of Internal Revenue (BIR), and such other regulatory bodies shall be deemed incorporated into these Terms and Conditions. As such, you agree that your Account, the Platform, and Services availed from PDAX shall be governed by and subject to all applicable laws, circulars, rules and/or regulations issued by any regulatory bodies or agencies in the Philippines.

  3. You are solely responsible for complying with all laws applicable to your activities on the Platform and other use of the Services. You are solely responsible for determining and assessing the types of taxes, if any, that apply to the Trades and any other Transactions you complete using the Services and for reporting and remitting the correct taxes to the appropriate tax authority. You are responsible for obtaining independent expert tax advice in relation to your use of and income earned using the Services. PDAX has no responsibility or liability for determining whether taxes apply to your Trades or for withholding or remitting on your behalf any taxes arising from any Trades.

8. NOTIFICATION AND COMMUNICATION

You consent to receive all communications sent by the Company through the Platform, mail, email, SMS, posted on official PDAX social media accounts, websites, or any other forms of communication, which shall be deemed to have been fully delivered to you. PDAX reserves the right to elect the most appropriate and effective way of communicating with you. You understand and agree that PDAX will send notifications, statements, and/or other matters to your last known mailing or electronic mail address on record. PDAX may also communicate with you through short messaging service (SMS) to the last known mobile phone number appearing on our records.

You understand and agree that if PDAX sends you any communication but you do not receive it because your contact information on file is incorrect or not updated; the communication is blocked or flagged as spam by your service provider; you opt out of receiving electronic communications from the Company; or you are otherwise unable to receive electronic communications, you will nevertheless be deemed to have duly received such communication.

You can and it is your sole responsibility to update your contact information with PDAX. Your contact information on record are deemed updated every time you access or log on to your account.

9. REPRESENTATION AND WARRANTIES

  1. By accessing our Services, you warrant that:

    1. You understand and agree that you have all the legal capacity and authority necessary to enter into this Agreement with PDAX and use the Services, whether for your own account or for the account of a person or entity you legally represent.

    2. Your opening of an Account and the use of PDAX’s Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, counter-terrorist financing, cybercrimes, and data privacy protection.

    3. If you act as an employee or agent of a legal entity, and enter into these Terms and Conditions on their behalf, you represent and warrant that you have all the necessary power and authorizations to bind such legal entity.

    4. You also agree not to misuse, abuse, nor subject any part of your Account, the Platform, the Services, other products or services for purposes other than its intended use.

    5. You affirm that all information, data, and documents which you provided or submitted to PDAX are complete, accurate, and true to the best of your knowledge, and you shall immediately inform the Company in writing of any changes.

    6. You have not been previously suspended or removed from using the PDAX Services;

    7. You also affirm that nothing in these Terms and Conditions shall interfere with or will result to a breach of any other agreement to which you are bound.

    8. The Company will not be liable for the effects, results, functions, uses, or reliability of any of our Services if such warranties are not made.

  2. PDAX

    To the maximum extent permitted under applicable law, the Site, the Services, and any product, service or other item provided by or on behalf of PDAX are provided on an “as is” and “as available” basis.

    PDAX expressly disclaims, and you expressly waive, any and all other warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, or noninfringement or warranties arising from course of performance, course of dealing, or usage in trade. The entire risk arising out of the use or performance of the Services and/or the Platform remains with you.

    More specifically:

    1. PDAX does not warrant and/or guarantee prices of Digital Assets. You understand and agree that prices of Digital Assets may rapidly change, increase, decrease or potentially fall to zero. PDAX does not warrant and/or guarantee any income, interest, or the like arising from any Transaction in using the Platform and its Services.

    2. PDAX has no control over the Assets traded using this Platform. The Company does not warrant or guarantee that other users you are dealing with will complete a transaction or legally own or possess the Digital Assets or Fiat Currency they are trading. PDAX makes no representation or warranties regarding timelines for complete processing of one Transaction or requests for transfers of Assets or funds to or from your PDAX Account as these are dependent upon several factors outside the Company’s control.

    3. Furthermore, PDAX does not warrant the accuracy, adequacy, reliability, or completeness of any information and materials found on the Platform and its Services, and expressly disclaims liability of errors or omission of such information. No warranty is given that the Platform and its Services are free from any virus or other malicious, destructive, or corrupting code, or program. PDAX also does not warrant uninterrupted access to the Platform and its Services, or that either will be free from any errors. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness, or existence of the content and information posted in the Platform and its Services. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Services. We make no representations about the accuracy, order, timeliness or completeness of historical Digital Asset price data available on the Site.

    4. We make no warranties or representations that your use of content and information posted on the Platform or your availment of Services will not infringe rights of third parties. Linked websites are neither maintained nor sponsored by PDAX, but merely placed for your convenience; such websites should only be accessed at your own risk.

10. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION

You agree, consent, permit, and authorize PDAX to process, store, share, transfer, and/or disclose, all information related to your account whether personal, sensitive, and/or privileged with: (a) third persons and entities engaged by the Company to facilitate account administration and/or implementation; (b) PDAX’s parent company, subsidiaries, affiliates, or such other related companies, to assist the Company in the collection, recording, organization, storage, modification, retrieval, use, consolidation, blocking, erasure, destruction of data, administration, implementation, and servicing of accounts, other products, and facilities; (c) Philippine or foreign government regulatory and/or enforcement agencies for reports relating to your Account history including but not limited to your past dues, limit breaches, covered and suspicious transactions, and other reports ordered by such regulatory/enforcement agencies; (d) third parties or entities engaged by the Company, its parent company, subsidiaries, affiliates, or such other related companies under the duty of confidentiality to offer other products and services; (e) service providers, professional advisers, or like entities engaged by the Company to assist in the administration and/or maintenance of its products, facilities, and services, including the parties who have been contracted to provide us with administrative, financial, research, operations, IT and other services, in such areas as telecommunications, information technology, payroll, information processing, training, market research, storage and archiving; (f) government bodies or agencies having regulatory supervision over PDAX; (g) assignees of our rights and/or obligations; (h) such other persons or entities that the Company may deem to have authority or right to receive disclosure of information such as but not limited to (i) payment channels; (ii) banks and/or remittance companies, credit card companies, and their respective service providers; and (iii) outsourcing agents for the completion of KYC Program and Procedures, customer due diligence, AMLA, data privacy compliance, and other functions which may be outsourced such as but not limited to printing, processing and distribution of statement of accounts; and (i) other persons with your consent as you have determined or by applicable contract.

Your consent shall likewise be deemed to extend to and as your agreement in relation to any law subsequently enacted pertaining to the processing, storing, sharing, updating, and disclosure of any personal information or such other information that may be required for the purposes enumerated above.

11. DATA PRIVACY

  1. You understand and agree that PDAX will be collecting information including but not limited to personal information. You can only access the Site with respect to your personal information. You are not allowed to access the personal information of persons other than yourself.

  2. We will process this personal data in accordance with the Privacy Policy, https://pdax.ph/privacy-policy, which shall form part of this Agreement. The PDAX Data Privacy Policy explains the process of collecting, protecting, using, sharing, storing, retaining, and disposing of personal information of its customers and Users, and is deemed to be incorporated in these Terms and Conditions. It also includes the right of the clients to their personal and other information which were provided as required in the opening and maintenance of the PDAX Account. You hereby represent and warrant that you have read and understood our Privacy Policy before providing any personal information to PDAX.

  3. You understand and agree that PDAX reserves the right and authority to collect, protect, use, share, store, process, retain, delete, destroy, and dispose of all the information you have and will disclose to the Company, subject to all applicable laws, rules and regulations in a safe and reasonable manner allowed by law, rules and regulations.

12. COPYRIGHT AND TRADEMARKS

  1. The Service is protected to the maximum extent permitted by copyright and intellectual property laws, other laws, and international treaties and/or conventions. Content displayed on or through the Platform and Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. You understand and agree that all information you see and/or read on this website is copyrighted unless otherwise disclosed. You agree not to copy, use, and/or distribute any information, in any manner, without the written approval of PDAX except when these Terms and Conditions expressly allow you to. You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in the Service or Platform. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, remove, alter, sub-license, private label, create derivative works, or grant security interests in, any aspect of the Service or any intellectual property therein or in the Platform. PDAX neither warrants nor represents that your usage of any materials displayed on this website will not infringe the rights of third parties.

  2. All trademarks, service marks, trade names, logos, and icons displayed on this website are registered and unregistered proprietary marks of PDAX. You shall not reverse engineer, decompile, or disassemble such trademarks or attempt to discover the source code of the PDAX materials. Nothing in this Site should be construed as a grant of any license or right to use any mark displayed on this Site without written consent of PDAX. Our intellectual property rights to our resources in any of its forms, including the Company logo, belong to us and may not be used without our express written consent.

13. USER FEEDBACK, COMPLAINTS, DISPUTES, RESOLUTIONS, AND LIABILITIES

  1. Provision of Service

    1. PDAX reiterates that it shall provide the Services on an “as is” and “commercially available” condition and does not offer any form of warranty with regard to the Service’s reliability, stability, accuracy, and completeness of the technology involved. PDAX shall be deemed as merely an avenue of transactions where Digital Asset information can be acquired and Transactions related to the same can be conducted.

    2. PDAX has no control over quality, security, or legality of the Digital Asset involved in any Transaction, truthfulness of the Transaction information, or capacity of the parties to enter into and complete any Transaction and to perform their obligations under the Trading Rules.

    3. You must carefully consider the associated investment risks, legal status, and validity of the Transaction  information and investment decisions prior to your use of the PDAX Services.

  2. Consumer Protection

    PDAX is duly licensed and regulated by the BSP and ensures compliance with all applicable consumer protection regulations.

    For any legitimate concern, you can reach the Bangko Sentral Financial Consumer Protection Department through its email: consumeraffairs@bsp.gov.ph

  3. Complaints

    If you have any complaints, contact us via our ‘Customer Support’ webpage at https://support.pdax.ph/s/contactsupport. In doing so, please provide your name as registered with your Account, email address, and any other information that we may need to identify you, your Account, and the particulars of the Order and/or Transaction on which you have feedback, questions, or complaints.

    If you have a dispute with PDAX, you agree to contact our support team in the first instance to attempt in good faith to resolve such dispute. You must contact us in writing within 30 days after the Transaction occurred and indicate how you would like us to resolve the complaint and any other information you believe to be relevant.

    PDAX will assess whether your complaint or request is one which: (1) does not involve complex issues and can be resolved or acted upon immediately by the Company without need for third party intervention (“Simple Complaint or Request”); or (2) requires assessment, verification, or investigation with third-party intervention, such as services providers, external auditors, or other financial institutions (“Complex Complaint or Request”).

    Within nine (9) days of receiving your Simple Request, PDAX will address the points raised in your complaint by sending you an email in which the Company may respond in any of the following ways: (i) offer to resolve your complaint in the way you requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution.

    PDAX will communicate the resolution of any Complex Complaint or Request within 47 days from receipt thereof in accordance with this Clause 13 (b). If assessment and investigation on Complex Complaints/Requests cannot be completed within this timeframe, PDAX shall inform you of: (i) the reason thereof; (ii) need for extended timeframe; and (iii) date on which you may expect the outcome of the assessment and/or investigation, which shall not exceed 45 days from the end of the original timeframe for the resolution of such Complex Complaint.

    The parties agree to negotiate 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).

    Any offer of resolution made to you will only become binding if and once you accept it by return email. An offer of resolution will not constitute any admission by PDAX of any wrongdoing or liability regarding the subject matter of the complaint.

    You agree to use this process before commencing any arbitration as set out in Clause 13 (d ), in relation to the whole or part of your complaint. If you do not follow the procedures set out in this Clause 13 (c) before pursuing action under Clause 13 (d ), this shall be a ground for the dismissal of your action/arbitration unless and until you complete such steps.

    You shall be deemed to have waived or relinquished your claim or cause of action in relation to a particular Transaction upon your failure to file your complaint or notify the Company regarding a dispute following the procedure set forth in this Clause 13 (C) within 30 days after such Transaction.

  4. Arbitration

    Except with respect to disputes related to the enforcement or validity of PDAX’s intellectual property rights, any dispute, claim, or controversy arising from or in connection with this Agreement not amicably settled in accordance with Clause 13 (c), including any question regarding the existence, validity, termination, interpretation, enforceability or breach of this Agreement, whether the claims arise during or after the termination of this Agreement , shall be finally and exclusively settled by arbitration in the Philippines, with venue in Taguig City, under the 2021 International Chamber of Commerce Rules of Arbitration (“ICC Rules”). There shall be one arbitrator appointed in accordance with the ICC Rules. The language to be used in the arbitration proceedings shall be English. The arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute in relation to this Agreement and/or the Services and to grant any remedy that would otherwise be available in a court of law.

    The award of the arbitrator shall be final and binding upon you and the Company. Neither Party shall seek or intends to seek resolution by the regular courts of law.

    The parties agree to keep the arbitration confidential. Except to the extent that disclosure may be required to fulfill a legal duty, enforce a legal right, or enforce or challenge an award in bona fide legal proceedings, the existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, content, or results of any dispute resolution proceeding, any materials prepared or submitted in connection with the arbitration proceedings, or orders or awards made in the arbitration (collectively, the “Confidential Information”) shall be kept strictly confidential by the Parties and shall not be disclosed to any non-party except the tribunal, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration . This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.

    You further agree that any dispute arising out of or in relation to this Agreement, the Platform, and/ or the Services is personal to and solely between you and PDAX. Any such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You waive any right to conduct a class arbitration or a representative action, which is expressly prohibited by these Terms and Conditions.

    You agree that for any arbitration, the party filing the claim will pay the filing fee and the parties will split the remaining arbitration fees and costs. Judgment upon any arbitration award may be entered and enforced in any court of competent jurisdiction.

  5. Limitation of Liability

    You acknowledge and agree that, to the maximum extent allowed by law, PDAX shall not be liable for any of your losses caused by any of the following events, including but not limited to:

    1. Losses of profits or anticipated profits, actual or hypothetical trading losses, or any other loss of expected revenue or gains, usage or data or any other intangible losses, including opportunity costs, any special, incidental, punitive, or consequential damages arising out of or in connection with our Site, Platform, and/or Services;
    2. loss of or damage to reputation, goodwill, business opportunities, customers, contracts, or any other loss of revenue or actual or anticipated savings;
    3. loss of use of hardware, software or data, or corruption of data;
    4. Use or failure to use PDAX Service;
    5. Unauthorized use of your Account or unauthorized alteration of your data by third parties;
    6. Your misunderstanding of PDAX Service;
    7. loss or damage arising out of or relating to any inaccuracy, defect, or omission in price data for Digital Assets, any error or delay in the transmission of such data, or any interruption in such data;
    8. loss or damage attributable to any risk that has been expressly disclosed to and assumed by you under these Terms and Conditions, the Trading Rules, and/or those necessarily implied from such expressly assumed risks;
    9. loss of Digital Assets and/or Fiat Currency arising from (1) the management and security of any Wallet that you designate; (2) the failure of any transfer of Digital Assets between your PDAX Account and your designated Wallet;
    10. loss or damage that is punitive or exemplary;
    11. any other losses related to PDAX Service which are not directly and solely attributable to fault, misconduct, or negligence of the Company.

    In no event shall PDAX be liable for any losses suffered by you resulting from any modification of any Services or the Platform, from any suspension or termination of your access to all or a portion of any Services or the Platform, or from interruptions due to scheduled or unscheduled maintenance of the Platform or mobile application failures, any failure or delay of service resulting from regular or emergency network maintenance or external factors such as power failure, natural disaster, service provider-side problems, or governmental acts. You acknowledge that if Services resume, Digital Asset valuations and exchange rates, as applicable, may differ significantly from the valuations and rates prior to such event.

    We are not liable for any breach of the Agreement, including delays, failure in performance, or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all reservation and effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.

    OUR LIABILITY, AND THE LIABILITY OF OUR PARENT COMPANY, AFFILIATES, THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE FOR ANY INDIVIDUAL CLAIM OR SERIES OF CONNECTED CLAIMS FOR LOSSES, COSTS, LIABILITIES, OR EXPENSES, WHICH YOU MAY SUFFER AS A RESULT OF OR IN RELATION TO ANY BREACH BY PDAX OF THIS AGREEMENT IS LIMITED TO THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO PDAX UNDER THESE TERMS AND CONDITIONS IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO PDAX’S LIABILITY IN ACCORDANCE WITH THIS AGREEMENT.

14. INDEMNITY

  1. You agree to indemnify and hold harmless PDAX, its affiliates, contractors, licensors, and their respective shareholders, directors, officers, employees, and agents (collectively, the “Indemnified Parties”) from and against any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost, or expense, including attorneys’ fees, fines or penalties imposed by any regulatory authority arising out of or relating to (1) your use of, or conduct in connection with, the Services, the Platform, and/or your Account; (2) the use of your Account by any third party, whether or not such third party is authorized by you to access your Account; (3) your violation of these Terms and Conditions; (4) your failure to secure your Account login and security credentials or your API Credentials or your sharing of your Account login and security credentials or your API Credentials with any Third Party; (5) your breach of any of your representations, warranties, and/or covenants; or (6) your violation of any applicable law, regulation, or the intellectual property, privacy, or other rights of any other person or entity during your use of the PDAX’s Service.

  2. PDAX and the Indemnified Parties are released and you shall indemnify them from any claims, demands, and damages of any kind arising from disputes between you, third persons, or other user(s) of the products and Services offered by the Company. If you have a dispute with one or more users of the Services (other than PDAX), you agree that neither PDAX nor any of the Indemnified Parties will be liable for any claims, demands and damages (actual and consequential, direct or indirect) of any kind or nature arising out of or in any way connected with such disputes.

15. NO FIDUCIARY RELATIONSHIP OR INVESTMENT ADVICE

  1. PDAX is not your investment advisor and has no fiduciary relationship or obligation to you in connection with any Trades or any other transactions, decisions, or activities carried out by you using the Platform and/or Services. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or PDAX to be treated as partners or joint venturers, or as the agent of the other.

  2. You understand and agree that the information on the Platform or on the Site is solely intended to inform users of the nature of PDAX’s business, products, and Services. It is not intended, and does not constitute any form of investment or financial advice, or legal or tax advice, or an offer to purchase or invest in any kind or type of Digital A sset. No information on this S ite or Platform should be taken as an endorsement, recommendation, or sponsorship of any company offering to sell or purchase digital assets. No communication or information provided to you by PDAX shall be considered or treated as, advice. You understand that any recommendations or commentary made by PDAX or its employees or representatives or other Users should be considered generalized in nature and that you must use your own independent judgment and/or seek the advice of an expert before taking any action as a result of any such recommendation or commentary. PDAX does not make any warranty as to the accuracy or completeness of any such recommendation or commentary.

  3. You also understand and agree that there are inherent risks in relying, using, or retrieving any information from this Site. PDAX encourages you to evaluate any information you may encounter from this S ite and Platform and to seek help or guidance from appropriate professionals to evaluate any product, service or opinion.

  4. You understand and agree that PDAX is designed to integrate services by its clients’ other Digital A sset exchanges, banks, or financial institutions, not to replace their services. PDAX may, from time to time, advise you regarding non-investment matters but you must only rely on your professional adviser rather than any information PDAX shares.

  5. You acknowledge that any requests for information are unsolicited and any information provided shall neither constitute nor be construed as investment advice by PDAX to you, nor constitute the formation of an investment advisory relationship, or any other client-advisor relationship. PDAX advises you to seek independent advice from a qualified professional.

  6. You further understand and agree that PDAX does not guarantee suitability or potential value of any Digital A sset or information source.

16. DIGITAL ASSETS

  1. PDAX supports specific Digital Assets. The Company reserves the right to elect which Digital Assets will be available, and it may change the same from time to time. The Company shall not be held liable for any damage or loss you may incur by transacting or attempting to transact a Digital Asset which PDAX does not or ceases to support.

  2. PDAX shall not reverse or cancel any Digital Asset accepted and/or confirmed on the blockchain network, but the Company reserves the right to reverse or cancel any Transaction as provided in this Agreement or in the Trading Rules, including potential high-risk transactions such as those made using reversible payment methods.

  3. PDAX’s Service’s support of any particular Digital Asset for transfer, storage, trading, or any other activity is not in any way indicative of PDAX’s approval, endorsement, or recommendation of the Digital Asset or the integrity, security, or reliability of the Digital Asset or the software, networks, protocols, systems, and other technology used to administer, create, issue, transfer, cancel, use or transact in the Digital Asset. PDAX expressly disavows any warranty about the soundness or suitability of any Digital Asset for trading or ownership by you.

17. ASSUMPTION OF RISK

  1. You accept the risks associated with the use of the PDAX’s online Platform and its Services in transacting Digital Assets and hereby understand and agree that: (i) the Platform, Site, the Services, and any product, service or other item provided by or on behalf of PDAX are provided on an “as is” and “as available” basis; and (ii) PDAX will not be liable for any loss or damages arising out of or relating to, but not limited to:

    • Failure of software or any other portion of the Platform, whether or not reasonably foreseeable;
    • Hacking or any other malicious attempts to gain unauthorized access to the Platform, its servers, its code base, and/or the Digital Assets of PDAX and/or its users;
    • Failure or interruption of internet connection;
    • The introduction of malicious software;
    • Other Users or third parties’ actions, omissions, or acts that violate the Terms and Conditions and/or the Trading Rules;
    • Failure of security of your Wallet address and Private Keys;
    • Exchange r ate fluctuations;
    • Failure or refusal to provide functionality to Digital Assets particularly those involving technical changes to any Digital Assets;
    • Any inaccuracy, defect, or omission of Digital Assets price data or any error or delay in the transmission of or interruption in any such data;
    • Failure of communication;
    • Service disruptions, including by reason of regular or unscheduled maintenance carried by PDAX;
    • Inability to liquidate a position due to market conditions;
    • Potential harm that may come to you as a result of your interactions with any other Member or User of the Services, including risks attributable to the creditworthiness of a counterparty.
    • Loss, corruption, or unavailability of user data due to software failures, viruses or other harmful materials, protocol changes by third party providers, internet outages, Force Majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside PDAX’s control
  2. You agree that use of any of the Services is at your own risk and you are solely responsible for interactions with any other User of the Services or any third party, and for backing up and preserving any information you store or transfer through the Services. PDAX assumes no responsibility whatsoever for harm that may come to you as a result of your interactions with any other User of the Services or third party, or for loss of data.

18. ACCOUNT OPENING, MAINTENANCE, AND CLOSURE

  1. Account Opening

    1. You must register in accordance with these Terms and Conditions to open and be given an Account. PDAX shall make its electronic platform available for User on-boarding at all times of the day, including for account creation, activation and KYC document uploads.

      However, the upgrading of limits or further verification are to be done during regular business hours.

    2. You understand and agree that upon registering with PDAX you must be and are at least eighteen (18) years old (or of legal age in the place where you reside, whichever is older) and have all the legal capacity and consent to understand the risks involved in transacting Digital Assets, and to enter into this A greement with PDAX.

    3. You further understand and agree that to transact, buy, and/or sell Digital Assets through the Platform, you shall provide the required documentary requirements, and shall undergo identity verification. You also authorize PDAX to make necessary inquiries to validate the information you provided.

    4. You understand and agree that if you are not a Filipino citizen, you may be subject to additional requirements pursuant to the Company’s KYC Program and Procedures.

    5. You understand and agree that opening an Account with PDAX does not constitute opening a bank account. You are not entitled to be paid any interests, and no government insurance is extended to protect your Account.

    6. All personal and other information that you provide to PDAX must be, and you confirm that all such information you provide, is complete and accurate. You must promptly update any information you have provided if there is any subsequent change, so that it remains complete and accurate at all times. You can update your contact information through the Platform.

      In the event that PDAX has grounds to believe that any of the information provided is false, incorrect, incomplete, or outdated, PDAX reserves the right: (i) to require you to correct such information; and (ii) upon your failure or refusal to do so, to correct, remove, or delete such false, incorrect, or outdated information, or terminate all or part of the PDAX Services you can avail of.

      If PDAX is unable to contact you using the contact information you provided, you shall be fully liable for any loss, liability, or expense incurred by PDAX during your use of its Services and/or the Platform.

    7. You understand and agree that your Account is personal and non-transferrable. You are only entitled to open one Account under your verified name and identification documents. PDAX reserves the right to suspend or close any or all multiple accounts you may or are reasonably suspected to have been opened even without prior notice. You may only use your PDAX Account and avail of the Services for your account and not on behalf of any third party.

    8. PDAX reserves the right to refuse any registration, Account opening, Trade, Transaction, or O rder if you are in violation of these Terms and Conditions, if required by law, if ordered by court or any government regulatory or enforcement agency, or if the Company has reasonable belief that your order or Transaction is illegal, erroneous, invalid, or otherwise suspicious. The Company further reserves the right to refuse an Account opening, Transaction, or O rder, even after funds are debited from your Account if it suspects that the Transaction is involved in or highly related to money laundering, financing of terrorism, fraud, or any financial crime.

  2. Know Your Client (“KYC”) Program and Procedures

    1. As part of its legal and regulatory obligations, PDAX maintains policies and procedures to protect against money-laundering, terrorist financing, and other financial crimes, and to satisfy other obligations to which PDAX may be subject under its KYC obligations and other related laws and regulations. For these purposes, PDAX shall require you as an Account holder and User to provide certain personal information in accordance with its KYC Program and Procedures.

    2. You further authorize PDAX, directly or through a third party, to make any inquiries it considers necessary or prudent for purposes of its KYC Program and Procedures, including the establishment of the source of your wealth and source of funds for any Transactions carried out in the course of your use of the Services or for any Digital Asset or Fiat Currency cashed-in or credited to your Account. You also authorize (1) each third party to which such inquiries or requests are directed to fully respond to such inquiries or requests and (2) PDAX and/or its authorized agent to accordingly take any other action PDAX reasonably deems necessary and appropriate to comply with applicable legal and regulatory obligations, including to report suspicious activities and transactions to the AMLC, BSP, or any other regulatory authorities.

    3. You must promptly notify PDAX if you are or become a Politically Exposed Person or if you are a relative or close associate of someone that is or becomes a Politically Exposed Person, or you are otherwise connected to a party that is or becomes a Politically Exposed Person.

      For purposes of these Terms, a “Politically Exposed Person” (PEP) refers to an individual who is or has been entrusted with prominent public position in (a) the Philippines with substantial authority over policy, operations or the use or allocation of government-owned resources; (b) a foreign State; or (c) an international organization. The term PEP shall include immediate family members, and close relationships and associates that are reputedly known to have:

      1. Joint beneficial ownership of a legal entity or legal arrangement with the main/principal PEP; or
      2. Sole beneficial ownership of a legal entity or legal arrangement that is known to exist for the benefit of the main/principal PEP.

      “Immediate Family Member” refers to spouse or partner; children and their spouses; and parents and parents-in-law.

    4. You warrant and confirm that the information you provide us or any other information that may be required, is true, accurate, and complete, and you have not withheld any information that may affect PDAX’s evaluation of you for the purposes of your registration for an Account or your availment or continued use of the Services. You undertake to promptly notify in writing and provide PDAX with true and complete information regarding any changes in circumstances that may cause any such information you have previously provided to become false, inaccurate, misleading, or incomplete and also undertake to provide any other additional documents, records and information as may be required by PDAX and/or applicable law. You permit us to keep records of such information. We will treat this information in accordance with PDAX’s Privacy Policy.

    5. You understand and agree that you must continually submit yourself to the Company’s KYC Program and Procedures in order to fully enjoy the benefits of the Platform and PDAX’s Services, including but not limited to if you wish to upgrade your Account limits.  PDAX reserves the right to deny or set limits on your access to some or all of the Services and your ability to transfer funds and/or Digital Assets to or from your Account, or to delay, suspend, and/or terminate any O rder or Transaction if you have not submitted any or incomplete or insufficient KYC documents, or if further verification is necessary to establish your true identity and/or the source of funds or Assets in your Account. Transactions will resume or be completed upon submission of requested identification documents or Transaction information or until PDAX is satisfied that there is no suspicious activity in your Account, as the case may be.

    6. You agree to PDAX’s authority to suspend or terminate your access to the Services at any time without notice as a result of any screening procedures pursuant to its KYC Program and Procedures, and PDAX will have no liability or responsibility for your inability to transfer Digital Assets, execute Trades or carry out other transactions, or otherwise access the Services as a result of such suspension or termination.

  3. Account Security

    1. PDAX has the authority to establish various security procedures from time to time for the creation and maintenance of an Account and for use of the Services. These procedures may include but are not limited to the creation of a unique password and the use of enhanced security features such as two‐factor authentication, which may be mandatory or optional in nature. You will strictly abide by all PDAX mechanisms or procedures regarding security, authentication, trading, charging, and withdrawal and you will take appropriate steps to logout from your PDAX Account at the end of each visit. You are solely responsible for any harm to you and your Account that relates to or results from your refusal or failure to enable optional security features.

    2. You must maintain the security of your Account by protecting your login and security credentials from unauthorized access or use. It is your responsibility to ensure the security of, and your continuous control over, any device or Account that may be associated with enhanced security features. You also understand and agree that: (1) you are the sole person who should know and have access to your log-in credentials and other authentication key to your Account; (2) You will not share or disclose your credentials and/or key to anyone else; (3) You shall never allow remote access or share your device with someone else when you are logged on to your Account. You should always log into your Account through the Platform to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

    3. PDAX shall not be liable for any loss or damage arising from your negligence in protecting your Account. You understand and agree that you have sole responsibility in ensuring your Account’s security. By agreeing to these Terms and Conditions you acknowledge and accept all risks of any authorized or unauthorized access to your Account. You will be bound by, and you hereby authorize PDAX to accept and rely on and process, any agreements, instructions, O rders, authorizations, and any other actions made, provided, or taken by anyone who has accessed or used your Account, whether you have authorized the access or not.

    4. You must promptly notify PDAX if you discover or suspect any unauthorized access or use of your Account, any security breaches related to your Account, or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and / or PDAX by notifying PDAX support on the Platform as soon as possible. If information such as the login ID or password used for electronic verification on the electronic transaction system is leaked due to a theft or unauthorized access, etc., the information may be fraudulently used by a third party, and the relevant User may suffer losses.

    5. Upon receipt of written notice from you about security concerns in relation to your Account, you authorize PDAX to take reasonable measures designed to protect your Account. You must take any steps that we reasonably require to report, prevent, restrict, or manage any security breach. PDAX may consider any neglect or failure on your part to promptly notify PDAX of any security breach in determining the appropriate resolution of the matter.

  4. Third party Access.

    1. If you grant express permission to third parties (“Third Party”) to access or connect to your Account, whether through the Third Party's product or service or through PDAX’s Site, Platform, or Services, you nevertheless remain fully responsible for the Third Party’s acts or omissions in relation to your Account and you are deemed to have authorized any action of such Third Party in relation to your Account. You acknowledge that granting permission to a Third Party to access your Account and take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. In addition, you acknowledge and agree that you will hold PDAX and the Indemnified Parties free and harmless and indemnify them from any liability caused by or related to any act or omission of any Third Party with access to your Account.

      You can modify or remove permissions granted to a Third Party with respect to your Account at any time by contacting us via our ‘Customer Support’ webpage at https://support.pdax.ph/s/contactsupport.

    2. You acknowledge and agree that PDAX can refuse access to Third Parties for reasons relating to unauthorised or fraudulent access to your Account, money laundering, terrorist financing, fraud, or any other financial crime, and as required by applicable law and regulation, provided that PDAX has objective, reasonable cause and evidence for such cause. Unless prohibited by applicable law, PDAX will inform you of such denial of access to the Third Party and the reasons for such denial. We will permit such Third Party’s access once we are reasonably satisfied that the reasons for refusing access no longer exist.

  5. Fees

    In exchange for the Services you obtain from PDAX, we reserve the right to collect and you agree to pay PDAX all fees as described in support.pdax.ph . or otherwise published on the Site, which may be in the form of Fiat Currency or Digital Assets.

    PDAX shall also withhold necessary fees or charges that the government may require, such as but not limited to withholding taxes and any other applicable taxes.

  6. Transaction Limits

    You understand and agree that your Account is subject to transaction limits, including, among others, total cash in and cash out transaction limits (daily, monthly, and annual limit) and limits on the amount and/or number of buy and/or sell Orders you can place on the Platform. You may increase your limits by adhering to PDAX’s internal policies, which may include submission of corresponding KYC requirements, enhanced due diligence, and verification of such documents. PDAX reserves the right to increase or decrease your transaction limits as it deems necessary or appropriate.

19. ACCOUNT SUSPENSION AND TERMINATION

  1. Your agreement to these Terms and Conditions and your access of the Platform and/or Services include your agreement and consent to PDAX’s right to investigate any violation of these Terms and Conditions, to unilaterally ascertain whether you have committed a violation, and to take actions under relevant regulations without prior notice or your prior consent, including but not limited to:

    • Blocking and closing/cancelling Order requests;
    • Freezing or suspending your Account;
    • Reporting the incident to the authorities;
    • Publishing the alleged violations and actions that have been taken;
    • Deleting any information you published that violate the Terms and Conditions.
  2. PDAX may, at its sole discretion, temporarily or permanently modify, suspend, or discontinue all or any part of any Services available to you at any time, with or without prior notice. You agree that we have the right to immediately suspend your Account (and any Accounts beneficially owned by related persons, entities, or affiliates), freeze or lock the funds in all such Accounts, and suspend your access to the Platform if we suspect any such Accounts to be in violation of the Terms and Conditions, Trading Rules, Privacy Policy, or any applicable laws & regulations. PDAX shall have the right to keep and use the transaction data or other information related to such Accounts. The above account controls may also be applied in any of the following cases:

    • The account is subject to a governmental proceeding, criminal investigation, or other pending litigation or regulatory action;
    • We detect or are informed of illegal, irregular, or unusual activity in the Account;
    • We detect unauthorized access to the Account;
    • You commit any act or omission prohibited under this Agreement, including but not limited to any breach of, misrepresentation, or any inaccuracy in your representations or warranties;
    • You withdrew from your Account any Digital Asset and/or Fiat Currency which were erroneously credited to your Account as a result of or in connection with a Failed Trade(s) (as defined in the Trading Rules) and you have not returned such withdrawn Digital Asset and/or Fiat Currency despite reasonable written demand;
    • You become a resident of a prohibited location or a jurisdiction identified as an “other monitored jurisdiction” in the Financial Action Task Force and/or AMLC’s list of “high‐risk and other monitored jurisdictions”; or
    • We are required to do so by a court order or command by a regulatory/government authority.

    You also understand and agree that PDAX reserves the right to suspend your Account or suspend or terminate the trading of specific Digital Assets in your Account if,  in its reasonable opinion, after assessment and evaluation, it finds that: (i) you have not submitted any of or insufficient KYC or identification requirements that the Company requires you to submit; (ii) you have committed any of the predicate crimes defined in any anti-money laundering law; or, (iii) any Transaction or your Account is reasonably linked to money laundering activities, financing of terrorism, illegal activity, or fraud as defined under existing laws, rules and regulations.

  3. PDAX shall have the right to directly terminate this Agreement by closing your Account, and to permanently freeze and/or cancel the authorizations of your PDAX Account and withdraw therefrom the corresponding fees and other amounts you owe to PDAX under any of the following circumstances:

    • after PDAX terminates S ervices to you;
    • after a prior termination of your Account, you allegedly re-register or register in any other person’s name as PDAX user , directly or indirectly;
    • the main content of user’s information that you have provided is untruthful, inaccurate, outdated, or incomplete;
    • when this Agreement/ Terms and Conditions, Trading Rules, or any other PDAX rules, or their respective annexes, are amended, you expressly state and notify PDAX of your unwillingness to accept the amended Agreement or rules; or
    • any other circumstances where PDAX reasonably deems it should terminate the Services or your Account, including but not limited to, non-compliance with the company’s KYC Program and Procedures, Data Privacy Policy, or any other terms and conditions imposed by the Company or under this Agreement.
  4. You may request to close or terminate your Account at any time.   You will not be charged for closing your Account. However, you will be obliged to pay and settle all outstanding amounts you owe to PDAX which amounts can be debited and withheld from your Account.

  5. If PDAX discontinues all of the Services or terminates your right to access all of the Services or the Platform, or if you or PDAX deactivates or cancels your Account: (1) all outstanding amounts you owe to PDAX will be immediately due and demandable and must be paid, including by the withholding of the appropriate amounts from the Digital Assets and/or Fiat Currency remaining in your Account; (2) PDAX may suspend your Account and any or all related information and files in such Account without liability to you; and/or (3) PDAX may cancel or suspend any open Orders or other Transaction requests that are pending at the time of such discontinuation or termination.

  6. On termination of your Account or of this Agreement for any reason, subject to any applicable law or the terms of any court or other government or law enforcement order to which PDAX is subject, PDAX will have the sole discretion to allow your access to your Account, the Site, Platform, and the Services. It shall be entirely within PDAX’s discretion to allow your access to your Account for a reasonable period from notification of termination of your Account, for the exclusive purpose of transferring Digital Assets and/or Fiat Currency out of your Account and/or out of the Platform, to the extent the balance of your Account exceeds the amount of any obligation you have to PDAX and/or the Philippine government. Should you fail or be unable to transfer any remaining Digital Assets and/or Fiat Currency in your closed Account, it shall be preserved by the PDAX net of any obligations you may have to PDAX, and disposed of in accordance with applicable law.

  7. The terms of Sections 10,11,12,13,14, 17, 19, 20, 22, 24, 26, and all other provisions of this Agreement that, by their nature or necessary implication, extend beyond the termination of this Agreement, will survive any termination of this Agreement and/or your access to the Services and shall remain in full force and effect.

  8. Upon suspension or closure of your Account or termination of this Agreement and/or your use of the Services for any reason, PDAX has the right to require you to satisfactorily re-complete the KYC Procedures set forth at Section 18 b prior to permitting you to transfer or withdraw Digital Assets and/or Fiat Currency from your Account.

    PDAX reserves the right to restore your Account access only upon: (i) full submission of requested information;  (ii) your submission of sufficient and acceptable  KYC documents; (iii) your compliance with the Company’s Data Privacy Policy, KYC Program or Procedures, this Agreement, or other terms and conditions imposed by the Company; or (iv) the Company’s finding that there exists no factual or legal basis to prevent the restoration of the access to your Account.

20. DIGITAL ASSET OPERATION AND PROTOCOLS

  1. Software protocols

    1. You understand and agree that PDAX does not own or control the software protocols which govern the operation of Digital Assets. These protocols are usually available under an open source license which permits anyone to use, copy, modify, and distribute them.

    2. You understand that technical, commercial, governance, and other decisions made by the developers and communities supporting Digital Assets may affect their underlying value, functionality, security, and availability. PDAX takes no responsibility in such decisions even though PDAX may participate in the discussions leading up to those decisions.

    3. You understand and agree that PDAX is not responsible for the operation of such protocols or software, and makes no guarantee of their functionality, security, or availability; and that said protocols are subject to sudden changes in operating rules, and such changes may materially affect value, function and/or the name of the Digital A sset you transacted with PDAX.

  2. Operating rules

    1. You understand and agree that in cases of changes in operating rules, PDAX may temporarily suspend its Service and operations, without notice, and the Company, in its sole discretion, may subsequently configure or reconfigure its systems or decide not to support the new protocol entirely.

    2. Should PDAX decide to stop supporting the new protocol, the Company shall give you an opportunity to withdraw your Assets.

    3. The Company assumes no responsibility of any kind over an unsupported branch of a new protocol.  The Company does not commit to support or provide any functionality respecting any technical, commercial, or governance changes made in or to any Digital Asset.

  3. Currency Support

    1. PDAX shall have the sole discretion to determine which types of Digital Assets and Fiat Currency (collectively, “Currencies”) and trading pairs will be supported for transfer, storage, trading, sale, or other permitted activity through the Services. Support for any Digital Asset and/or trading pair may be partially or fully discontinued or terminated at any time at PDAX’s sole option. PDAX does not warrant or guarantee its Platform and/or Services will support any Digital Asset which is the subject of a fork (hard, soft, velvet, or otherwise).

      PDAX reserves the right not to process conversion of Digital Asset to Fiat Currency.

    2. You can access the Platform and avail of the Services only with respect to the specific Currencies authorized by PDAX to be supported for storage, Trading, or Transaction through the Services. The specific Currencies made available to you are based on the jurisdiction of which you are a resident and any other factors as may be determined by PDAX in its sole discretion.

    3. PDAX has the absolute discretion to, without notice and for any reason, suspend or terminate support for a Currency within the Services, remove a Currency from the Currencies applicable to or accessible by you, or otherwise suspend or terminate your ability to deposit, withdraw, sell trade, or otherwise transact in any Currency. PDAX will use commercially reasonable efforts to notify you at least 14 days prior to taking any action that permanently would prevent you from withdrawing a particular Currency from your Account. You may permanently lose your ability to access, withdraw, transfer, or otherwise deal with the affected Currency if you fail or neglect to move them from your Account before your access to such Currency through the Services is terminated. You release and will indemnify PDAX from any liability to you for any losses, liability or expenses related to its decision to terminate your ability to transfer, trade, or store any Currency.

21. EXCHANGE SERVICES

  1. Placing, Processing, and Matching Orders

    1. You understand and agree that PDAX operates as an exchange that facilitates buying and selling of Digital Assets and merely provides a service to its Users.

    2. Detailed terms and conditions pertaining to the placing, processing, and matching of Orders and trading activities on the Platform are described in the Trading Rules.

  2. Cashing-In and Cashing-Out of Funds

    1. You can cash-in your Fiat Currency by transferring them to PDAX through various payment channels elected by PDAX such as, but not limited to, banks, remittance centers, or other facilities (“Third Party Accounts”).

      Before you transfer Currency to or from your Account, you will be required to designate via the Services one or more Third Party Accounts. Such Third Party Accounts must generally be in your name and not the name of a third party. PDAX may limit the number of Third Party Accounts that you may designate to be associated with your Account.

    2. PDAX bears no responsibility or liability for the (1) the management and security of any Third Party Accounts; (2) the failure of any transfer of Fiat Currency between your PDAX Account and Third Party Accounts if such transaction is not supported by the Third Party Accounts. You are solely responsible for your use of any Third Party Account and you represent and warrant that you will comply with all applicable laws and the terms and conditions applicable to any Third Party Account that you use to transfer Fiat Currency to or from your Account.

    3. Subject to the limitations and conditions described in this Agreement, you may: (1) initiate a transfer of Fiat Currency from a verified Third Party Account to your PDAX Account at any time; (2) initiate a transfer of Fiat Currency from your PDAX Account to a verified Third Party Account at any time. You hereby authorize the Company (1) to transfer the amount of Fiat Currency specified by you from your Account to the Third Party Account you specify upon your submission of such transfer request via the Services and (2) to deduct any fees applicable to such transfer that are charged by PDAX or its third‐party service providers from such transferred amount.

      You are required to maintain in your Account a sufficient balance of the applicable Digital Assets and/or Fiat Currency to satisfy any open Orders, maintenance margin (as described in the Trading Rules), and applicable fees, and such other obligations or liabilities to PDAX (“Minimum Required Balance”).

      Subject to any other limits set by PDAX in its discretion, the maximum amount of a particular type of Fiat Currency that you may transfer from your PDAX Account is the amount by which the balance of such Fiat Currency in your PDAX Account exceeds your Minimum Required Balance .

    4. The processing time required for the transfer of Fiat Currency to or from your PDAX Account may depend on third parties responsible for maintaining the applicable Third Party Accounts and other factors. PDAX does not guarantee or warrant the period of time for the transfer to and availability of the Fiat Currency in your PDAX Account or your Third Party Account, as applicable.

  3. Reviewing Orders

    1. You also acknowledge that PDAX reserves the right to require all Orders to complete automated compliance checks.

    2. If your Order is flagged for review due to fraud, illicit activities linked to money laundering, financing of terrorism, any predicate crime defined under the Anti-Money Laundering Act, or any other unlawful or prohibited act, it will undergo manual compliance review and approval. PDAX may require confirmation of your O rder through a telephone call or other forms of authentication prior to the execution of such order.

    3. The Company shall not be liable for any delay arising from a flagged O rder and it also reserves its right to cancel any flagged order.

  4. Cancelling Orders

    The terms and conditions for the cancellation of Orders are set forth in the Trading Rules. PDAX reserves the right to reject any cancellation request related to the Order you have submitted

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

  1. Digital Assets

    1. You may elect to use the Platform to store or keep your Digital Assets temporarily until such time you transfer it in your own designated Digital Asset wallet. You can receive, hold, and transfer Digital Assets to, in, and from your PDAX Account to a custodial or non-custodial wallet that you designate (“Wallet”).

      PDAX bears no responsibility or liability for the (1) the management and security of any Wallet that you designate; (2) the failure of any transfer of Digital Assets between your PDAX Account and your designated Wallet. You are solely responsible for your use of any Wallet or any external Digital Asset Address and you represent and warrant that you will comply with all terms and conditions applicable to any Wallet that you use to transfer Digital Assets to or from your Account.

    2. The Digital Assets that are reflected in PDAX Account balance at any time will be located at Digital Asset Addresses owned by PDAX. PDAX may hold your Digital Assets together with PDAX’s own Digital Assets and those of other PDAX Users. PDAX stores and manages the Digital Asset private keys associated with such Digital Asset Addresses, which are necessary for Digital Asset transactions to be approved. You will not have access to such private keys. PDAX may store such private keys and related information in a combination of online and offline storage. You acknowledge that the retrieval of information from offline storage may delay the initiation or execution of Digital Asset Transactions through the Services.

    3. PDAX shall have policies in place to ensure security and protection on the Platform. However, you understand and agree that there are residual risks and that using the Platform to store your Digital Assets and Fiat Currencies entails inherent risks that may result to potential loss of stored assets and that PDAX shall not be liable for any loss or damage arising from such act.

    4. Furthermore, you acknowledge that PDAX has not encouraged you, for security reasons, to keep Digit al Assets in the Platform except in order to fund or fulfill Transaction obligations. You acknowledge that you are leaving and storing your assets within the Platform at your own risk.

    5. PDAX reserves the right to charge storage fees.

    6. Subject to availability of the Services and the limitations and conditions described in this Agreement, the Trading Rules, or on the Site:

      1. You may initiate a deposit to your Account of any Digital Asset that is a Currency supported by the PDAX Platform. To initiate a deposit, you must transfer the applicable Digital Assets from an External Address to a Digital Asset Address designated by PDAX . Upon successful completion and confirmation of such transfer during business hours, the Digital Assets will be credited to your PDAX Account.

      2. You may request a transfer of Digital Assets from your PDAX Account to an External Address by submitting the prescribed withdrawal request. Subject to any other limits set by PDAX in its sound discretion, the maximum amount of a particular Digital Asset that you may transfer from your PDAX Account to an External Address at any given time is the amount by which the balance of such Digital Asset in your Account exceeds your Minimum Required Balance (as defined in (Section 21 b).

    7. You are solely responsible for ensuring that (i) each transfer you initiate using the Services complies with all requirements imposed by PDAX, relevant third parties, and the applicable Digital Asset; (ii) the Digital Asset Address to which any Digital Assets are to be transferred is properly formatted and suitable for the type of Digital Asset being transferred; and (3) there are no errors in any of the transfer instructions you provide using the Services. The Digital Assets you attempt to transfer may be permanently lost upon your failure to comply with any of the preceding requirements and you expressly assume such risk for which you shall hold PDAX and the Indemnified Parties free and harmless.

    8. You may permanently lose any Digital Assets that you attempt to transfer to your PDAX Account if it is not a PDAX-supported Asset. PDAX will not be liable if you lose Digital Assets due to any such attempted transfer or due to your transfer of Digital Assets to a Digital Asset Address other than that which PDAX has specified. You hereby release PDAX from any obligation to attempt to retrieve Digital Assets sent to an incorrect Digital Asset Address.

    9. PDAX is not able to reverse any transfers and will not have any responsibility or liability if you have provided a Digital Asset Address for the transfer that is incorrect, improperly formatted, erroneous, or intended for a different type of Digital Asset. You understand and agree that PDAX shall not be liable for loss or damage caused by transferring your Digital Asset to a wrong wallet address, cross-chain transfers, or any erroneously transferred Digital Asset.

    10. PDAX makes no warranty, representation, or guarantee regarding the amount of time it may take to complete any transfer of Digital Assets. The processing and completion time for each transfer may depend on third party actions that are beyond the control of PDAX, retrieval of relevant information from offline storage, confirmation of the transaction on the underlying blockchain or network, and other factors. You understand and agree that high volume or large withdrawals may not always be immediately available. Such transactions are subject to availability of funds of the third-party service providers, banks, and the asset storage policy of the Company, and as such, PDAX or any third-party service provider may require you to wait or set an appointment in order to withdraw your Digital Assets.

    11. You acknowledge and accept PDAX’s sole discretion to refuse, cancel, block, or reverse any transfer request, Order, or other Transaction request you submit or authorize via the Services, impose limits on the amounts of deposits, withdrawals, transfers, Trades, or other transactions involving Fiat Currency or Digital Assets that you may complete on a daily or other periodic basis, or impose any other conditions or restrictions upon your use of the Services, including the authority to limit the amount of Fiat Currency and/ or Digital Assets you may transfer out of your Account based on the type of your PDAX Account; or to restrict withdrawals or limit or cancel trading activities if the Company reasonably suspects fraud, impaired capacity, illegal or inappropriate activity, or if PDAX has a reasonable basis to believe that your ownership of some or all of the Digital Assets in your Account is in dispute.

    12. You agree to indemnify and hold harmless PDAX and the Indemnified Parties from and against any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost, or expense, including attorneys’ fees, fines or penalties imposed by any regulatory authority arising from your designation or use of and the transfer of Digital Assets to and from your PDAX Account to your Wallet or an external Digital Asset Address.

  2. Fiat Currency

    1. You understand and agree that PDAX has third-party service providers or different payment channels such as, but not limited to, banks, remittance centers, or other facilities capable of disbursing Fiat Currency.

    2. PDAX does not own any of these third-party service providers and only has a client-service provider relationship. As such, the Company has no control over the requirements that these service providers may set to process encashments or receipt of money.

    3. You authorize PDAX to use these channels in order to fulfill your requests to withdraw or return your Fiat Currency/money. PDAX shall not be held liable for any damage or loss arising from your transaction with these payment channels.

    4. You understand and agree that high volume or large withdrawals may not always be immediately available. Such transactions are subject to availability of funds of the third-party service providers, banks, and the asset storage policy of the Company, and as such, PDAX or any third-party service provider may require you to wait or set an appointment in order to withdraw your Fiat Currencies.

    5. You understand and agree that PDAX shall not be liable for loss or damage caused by, transferring your Fiat Currency to a wrong third party account or any erroneously transferred Fiat Currency. PDAX is not able to reverse any transfers and will not have any responsibility or liability if you have provided account details for the transfer that is incorrect, improperly formatted, or erroneous.

    6. You shall be subject to the total cash in and cash out transaction limits (daily, monthly, and annual limit) applicable to your particular account type. Users can have all or part of the withdrawable amount in their Account returned to them where "withdrawable amount" means the amount in excess of the Minimum Required Balance and unrealized losses. However, Users cannot request withdrawal if the withdrawable amount is less than the withdrawal fee.

  3. No Legal Deposit

    You understand and agree that the use and concept of “deposit” in this Agreement and as applied to your act of placing Digital Assets and/or Fiat Currency on the Platform for credit to your Account and for purpose of funding your Orders is in the generic sense and does not give rise to a legal deposit under the Civil Code of the Philippines, banking laws, or any other statute, regulation, or jurisprudence.

23. SITE AVAILABILITY AND ACCURACY

  1. Access to the Services and/or the Platform may become limited, delayed, or unavailable during times of significant volatility or volume. This could accordingly result in limitations on access to your Account and/or the Services, support response time delays, and limitations on your ability to initiate or complete Orders and Transactions.

  2. Notwithstanding PDAX’s mission to provide Users with excellent and timely service, PDAX cannot and does not guarantee or warrant that the Site and the Services will be continuously available or be free from interruption and that any Order will be accepted, recorded, remain open, filled, or executed, or that your Account will be accessible at all times.

  3. Particularly during times of significant volatility or volume, especially for security and safety issues, our customer support response times may be significantly delayed. Under no circumstances shall PDAX be liable for any alleged damages arising from service interruptions, delays in processing transactions, or delays in or lack of timely response from customer support.

  4. PDAX does not warrant or guarantee that the Site, Platform, and its contents and information will always be entirely accurate, complete or current, and/or entirely free of technical inaccuracies or typographical errors. PDAX reserves the right, to the extent permitted by applicable law, to change or update the information on the Site and Platform from time to time without notice, including without limitation information regarding our policies, procedures, and Services. It is therefore, incumbent on the Users to verify all information before relying on it, and all decisions based on information contained on the Site and Platform are your sole responsibility, for which you have hold PDAX free and harmless.

24. APPLICABLE FEES AND CHARGES

  1. You understand and agree that PDAX reserves the right to charge you for applicable fees for any service, product, account maintenance, and other chargeable fees, such as, but not limited to, conversion fees, cash-out fees, cash-in fees, trading fees, and the like.

  2. You acknowledge that the table of fees and other fees displayed on the Platform shall apply (support.pdax.ph), unless a different agreement pertaining to fees is provided or made available to you by the Company. PDAX reserves the right to change the rates at its own discretion and as it deems necessary which will apply prospectively to any Trades and/or Services that are completed or performed after the effective date of such updated fees.

  3. You further understand and agree to pay all the fees incurred related to the use of the Platform and its Services and hereby expressly authorize PDAX to debit your Primary or Exchange Wallet for purposes of satisfying any outstanding fees.

25. PROHIBITED TRANSACTIONS

You understand and agree that PDAX will not allow Account opening, Transactions, Orders, or any activity involved in or relating directly or indirectly with the following:

  1. Fraud or any false, deceptive, inaccurate, or misleading information about D igital A ssets, its users, or third parties for pecuniary gains or other ends;

  2. Investment schemes, pyramid schemes, ponzi schemes, illegal networking, deceptive charity schemes, multi-level marketing programs, or other similar schemes;

  3. Prohibited drugs, illegal narcotics, controlled substances, or other similar substances that may present public health risk;

  4. Gambling, online gambling, illegal lotteries, informal casinos, and other forms of games of chance and speculation;

  5. Weapons sales and sales of unlicensed firearms;

  6. Adult services and media, prostitution, sale of illegal pornographic materials, or any form of human trafficking;

  7. Unauthorized financial institutions, unlicensed money service business, unlicensed financial services, unlicensed investment houses/ securities brokers, and other/similar unregulated financial operations;

  8. Stolen goods including digital or virtual goods, or any goods or funds to which the holder or seller does not have clear legal title;

  9. Items that infringe on intellectual property rights, including trademark, copyright, privacy or proprietary right, as well as selling or facilitating sales of counterfeit, unauthorized goods, or other related activities;

  10. Shell companies, or entities that appear to have no clear or genuine business purpose or otherwise designed to operate for a purpose other than which they purport to operate;

  11. Bearer share entities, persons transacting on behalf of another, and/or transactions in relation to entities which the identities of the beneficial owners are not known, and in which ownership stakes are freely alienable;

  12. High risk entities, or any individual, or group of individuals deemed to pose high risk to PDAX, its customers, or other third-parties;

  13. Violent acts toward self or others, or activities or items that encourage, promote, facilitate of instruct others to do the same;

  14. Coercion, extortion, blackmail, or any forceful effort to induce consent;

  15. Transactions originating from high risk territories declared as such by the government, other states, or internationally recognized organizations, such as but not limited to North Korea, Syria, and Afghanistan.

  16. Transactions originating from territories involved in terrorism or known to have active terrorist activities;

  17. Transactions from individuals known or deemed to be involved with terrorism, money laundering, or any transnational crimes;

  18. Activity that could interfere with, disrupt, disadvantage, violate or infringe on the legal rights of, or inhibit other users from utilizing the Services; or use or attempt to use another user’s account without authorization;

  19. Activities that harvest or otherwise collect any contact or other information about other Users or third parties without proper consent or post or distribute content containing private or personal information of any third‐party;

  20. Unlawful or improper activity that assists in the violation of any law, statute, ordinance, or regulation; or pay for, support, or engage in any illegal gambling activities, fraud, theft, swindling, money‐laundering, terrorist activities, tax evasion, or other illegal activities;

  21. Store, transfer, or otherwise use pricing or historical pricing or trading data made available through the Services for any purpose other than your personal non‐commercial use, or sell any such data for any purpose, except as expressly permitted in writing by PDAX;

  22. Post content or communications that in PDAX’s sole discretion are libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, harassing, hateful, threatening, offensive, discriminatory, abusive, inflammatory, fraudulent, or deceptive; contain unsolicited promotions, political campaigning, or commercial messages; or otherwise are inappropriate;

  23. Engage activity that could damage, disable, overburden, or adversely affect the functioning of the Services in any manner; or introduce to the Services any malware, virus, or other harmful material;

  24. Engage in any other conduct that is detrimental to PDAX or any third party, or cause injury to, or attempt to harm PDAX, any User, or any third party;

  25. Engage in any other prohibited activities set forth in, or otherwise violate or cause a violation of, these Terms and Conditions, the Trading Rules, or any other rules or policies posted on the Site; and

  26. Other similar transactions deemed risky by PDAX, or other businesses, and activities subsequently prohibited by any governmental authority.

26. GENERAL SERVICES TERMS

  1. Error Correction

    Without prejudice to any other provision of this Agreement or the Trading Rules, PDAX reserves the right to correct, reverse, or cancel any Order, Trade, transfer, or other transaction or activity caused or affected by any error or abnormality, whether such error or abnormality was caused by you, PDAX, or a third party or is due to technical issues, system or system design issues, operational issues, software failure or otherwise. You hereby authorize PDAX to make any such correction, reversal, or cancellation at its sole discretion. PDAX does not warrant or guarantee that any such attempt will be successful and will have no responsibility or liability for such error(s) or any correction attempt(s).

  2. Assignability

    You may not assign or transfer any right to use the Services or any of your rights or obligations under this Agreement without PDAX’s prior written consent, including by marriage, succession, or operation of law.

    PDAX shall have the right to assign or transfer any or all of its rights or obligations under this Agreement, in whole or in part, without notice or obtaining your consent or approval.

  3. Force Majeure

    PDAX will not be liable for any failure or delay in any Services, or any loss or damage that you may incur, that is due to any circumstance or event beyond its control, including without limitation any flood, extraordinary weather conditions, earthquake, fire, or other act of God, epidemic, pandemic, war, insurrection, riot, labor dispute, accident, action of government, communications interruption, power failure, equipment, server, internet, or software malfunction, security breach or cyberattack, failure of interconnecting and operating systems, criminal acts, market movement, shift, or volatility, or a change in the underlying technology of a particular Digital Asset.

  4. Unlawful Possession

    If PDAX receives credible notice and/or evidence that you do not have legal title to and/or possession/custody of any Digital Asset, Fiat Currency, and/or digital currency (collectively, the “Funds”) held in your Account at the time you transferred such Funds to your Account, you acknowledge and accept that PDAX has the sole discretion and prerogative to place an administrative hold on the affected Funds or your Account. PDAX has the exclusive option to maintain such hold until the dispute has been finally resolved and satisfactory and suitable evidence of the resolution has been provided to PDAX. PDAX will not become involved in any such dispute or the resolution of the dispute. You shall have no and you expressly waive any claim or cause of action against PDAX for your inability to withdraw Funds, execute Trades, or otherwise use the Services while such hold is in place or for any other consequences of implementing such hold.

  5. Remedies

    PDAX reserves the right to take any action that may be reasonably necessary to remedy, prevent, stop, or mitigate your or another User’s violation of these Terms and any applicable laws, rules, and/or regulations. These may include, without limitation, deletion of information you have transmitted, suspension or cancellation of your A ccount, and/or confiscation of Digital Assets or Fiat Currency in your Account. You hereby agree and accept that PDAX will not be responsible or liable for any loss or damage you incur as a result of an action which PDAX may accordingly take in good faith pursuant to this paragraph.

    Each of PDAX’s rights and remedies prescribed in these Terms and Conditions is in addition to, and not in lieu of, any other rights or remedies available to PDAX under any other a greement or any of its integral parts, under statute, at law, or by rule or regulation.

27. NO WAIVER

If we delay exercising or fail to exercise or enforce any right or interest available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under this Agreement.

28. SEVERABILITY

If any of these Terms and Conditions is declared or found to be unenforceable, illegal, void, or otherwise ineffectual, then that provision shall be deemed removed from these Terms and Conditions without affecting the validity, efficacy, and enforceability of all the other provisions.

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