/Term & Condition
Term & Condition 2020-03-03T07:28:40+00:00

TERMS OF SERVICE

Latest update: Mars 2020

PRIVACY POLICY

Eligibility

Additional Terms; Game Rules

Acceptable Use of the Site and Services

Your Limited License to the Site, Services, and Content

In-game Currencies/Goods

Copyright and Intellectual Property Policy

Privacy

User Accounts

Links

Changes to the Site or Services

Cancellation and Survival

Disclaimer and Limitations on our Liability

Indemnification

For residents in the United States – BINDING ARBITRATION AND CLASS ACTION WAIVER

For users who are in Europe – BINDING ARBITRATION

Governing Law and Jurisdiction

Other Provisions

Third-Party Fees

Changes to these Terms

Contact

These Terms of Service (“Terms”) govern your use of the Pakacash website //www.Pakacash.com (“Site”) and any games, mobile applications, application programming interfaces, and other services such as chats or in-app purchases offered by Pakacash,   and any of its affiliates, as well as services offered through third parties integrating Pakacash functionality (“Services”).

Pakacash  , and/or any of its affiliates (“Pakacash”, “we” or “Us”) are the Site owners and the Service providers.

Access to this Site and/or its use in any way qualifies you as a User (“User”, “you” “Users”).

By using the Site or the Services, you accept the Terms and our Privacy Policy. Please read them carefully. If you do not agree with our Terms and/or our Privacy Policy, refrain from using our Services or Site.

FOR US RESIDENTS: If you are a resident of the United States of America, then these Terms are governed by United States federal law, including the Federal Arbitration Act of the state of New York.

IMPORTANT NOTICE: this agreement is subjected to binding arbitration and a waiver of class action rights, as established in Section 15.

  1. ELIGIBILITY

In order to access our Services, you must be of legal age as established by your respective state or country of residence. If you are under age in your state or country of residence, that is, a minor, your parents or legal guardian must consent on your behalf, as long as they agree to the Terms and to our Privacy Policy.

If you are located in the European Union, you must be 16 years of age or older to access and/or use the Services. If you are younger than 16 years old, you must have the consent of your legal guardian and only if your guardian agrees to this Terms to access our Services. In case the applicable Law to you allows it, you will be able to access the Service at 16 years of age or less, as long as you are at least 13 years old.

  1. ADDITIONAL TERMS; GAME RULES

Some of our Services may have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. It shall be understood that by using the Service, you agree to the Additional Terms without reserve.

The specific rules of each of the games included in the Services, such as guidelines regarding the control or scoring system, will be established on each of the games. Such rules are an integral part of these Terms and you accept that you will comply with all such rules and obligations.

  1. ACCEPTABLE USE OF THE SITE AND SERVICES

You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, certain kinds of conduct that may be harmful to other Users or to Us are forbidden. When you use the Site or Services, you may not:

violate any law or regulation;

violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other third party legal rights;

upload, communicate, transmit or otherwise make available in the Site or in the Services any Content that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory or otherwise objectionable, of pornographic, obscene or indecent nature, invasive of another’s privacy, hateful, likely to incite violence or racial or ethnic hatred, or any other content that could be prejudicial to your own rights or to those of third parties;

send unsolicited or unauthorized advertising or commercial communications, such as spam, forge any TCP/IP packet header or the IP address or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

engage in spidering or harvesting, or participate in the use of software, including but not limited to spyware, designed to collect data from the Site or Services;

collect information and/or personal data of other Users.

interfere with or disrupt the proper provision of the Services, user access, or the servers or networks that provide the Services, or transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems; stalk, harass, or harm another individual;

impersonate any individual or legal entity or perform any other similar fraudulent activity, such as phishing;

use any means to scrape or crawl any Web page contained in the Site;

probe, scan, crack, track and/or test the vulnerability of any system or network, attempt to circumvent any technological measure or authentication measures implemented by us or any of our providers or any other third party (including another user) to protect the Site or our Services;

access, search or attempt to access or search the Services by any means (automated or otherwise) other than through the interfaces published by Us;

attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services;

use the Services in any other way not permitted by these Terms; or

advocate, encourage, or assist any third party in doing any of the foregoing.

  1. YOUR LIMITED LICENSE TO THE SITE, SERVICES, AND CONTENT

Subject to and conditioned on your compliance with the Terms, we grant you a limited, non-exclusive, non-transferable license to access and view the Site, User Content and Our Content solely in connection with its permitted use, and solely for your personal and non-commercial purposes.

You may not download, capture, save, distribute or rebroadcast any of Our Content or any others’ User Content. You may only download, capture, and/or save your User Content using the tools we make available for such purpose through the Site or Services. However, you cannot use derivative works of your User Content, as defined in Section 4.b, outside the Site or Services without a prior express written permission from Pakacash.

Subject to and conditioned on your compliance with the Terms, we also grant you a limited nonexclusive, nontransferable, non-sublicensable license to download and install a copy of our game(s) or app(s) on a mobile device and to run such copy of such game(s) or app(s) solely for your own personal, noncommercial purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify, or create derivative works based ​​on the game(s), app(s), Site or Services; (b) distribute, transfer, sublicense, lease, lend, or rent the game(s), app(s), Site or Services to any third party; (c) reverse engineer, decompile, or disassemble the game(s), app(s), Site or Services ; or (d) make the functionality of the game(s), app(s), Site or Services available to multiple users through any means. We reserve all rights in and to the game(s), app(s), Site or Services not expressly granted to you under these Terms.

  1. IN-GAME CURRENCIES/GOODS

The services may include a virtual, in-game currency (“Virtual Currency”) including, but not limited to, Lives, Coins, Spins and Gems, that may be purchased from us for using any acceptable payment method accepted in the Services if you are a legal adult in your country of residence. The Services may also include virtual, in-game digital items and characters (“Virtual Goods”) that may be purchased from us using any acceptable payment method accepted in the Services or Virtual Currency. The purchase of Virtual Currency and Virtual Goods is an exclusive service for account holders who are either (a) 18 years of age or more; or (b) under the age of 18 and have the consent of their parents or guardians to make the purchase. Parents of children under the age of 18 may consult the iOS or Google Play settings for their App to restrict in-App purchases, but shall also monitor their children’s accounts for unexpected activity, including the purchase of Virtual Currency or Virtual Goods.

Regardless of the terminology used, you agree that Virtual Currency and Virtual Goods have no monetary value and do not constitute actual currency or property of any type. The Virtual Currency and the Virtual Goods may never be sold, transferred, traded or exchanged through any legally acceptable payment method, goods or other items of monetary value from us or anyone else.

5a. Purchasing Virtual Currency and Virtual Goods

Virtual Currency and Virtual Goods are categories of Content. You only get a limited, revocable, personal, non-transferable, and non-sublicenseable license to use Virtual Currency and Virtual Goods. You acknowledge that you do not acquire any ownership rights in or to the Virtual Currency, Virtual Goods, or other Content. Any balance of Virtual Goods or Virtual Currency does not reflect any stored value.

nt that we decide to exercise these rights.

You will only obtain Virtual Currency and/or Virtual Goods from us and through means provided by us, and not from any third-party platform, exchange, broker, or other mechanism, unless expressly authorized by Pakacash. You may not buy or sell any Virtual Currency or Virtual Goods in exchange for legally acceptable money or otherwise exchange items for any other kind of value through any means other than that established to provide the Service. Any attempt to do so violates these Terms and may result in an undefined prohibition of access and use of the Services and lead to possible legal action. Once you acquire Virtual Currency or Virtual Goods, you may not trade or transfer the Virtual Currency or Virtual Goods to another individual or account, unless such functionality is provided to you by us by way of a feature or Service, whether inside a game or through some other method (e.g., our Site).

Pakacash may manage, control, regulate, modify or eliminate Virtual Currency and/or Virtual Goods at any time, with or without notice, in our sole discretion. Pakacash shall have no liability to you or any third party in the eve.

During the term given to use the Virtual Currency, you have the right to trade your Virtual Currency for the selected Virtual Goods. If you are the legal guardian and you are accepting these Terms on behalf of your child, you accept and acknowledge that your child has your consent to exercise this right independently. Pricing and availability of Virtual Currency and Virtual Goods are subject to change without notice. We reserve the right at any time to change and update our pricing and inventory of Virtual Currency and Virtual Goods. As hereinafter provided, Virtual Currency, Virtual Goods and other Content is provided “as is” without any warranty. Every purchase, sale, and trade of Virtual Currency and Virtual Goods shall be final and non-refundable, unless otherwise determined by us at our discretion.

5b. Our discretion to cancel any Virtual Currency or Virtual Goods and its cancellation effect.

All Virtual Currencies and Virtual Goods shall be forfeited if your account is suspended or terminated for any reason, at our sole and absolute discretion, or if we discontinue the provision of the Services or any particular game. We may cancel, suspend, or terminate your Account and your access to your Virtual Currency, Virtual Goods, the Content, or the Services, in our sole discretion and without prior notice, including, but not limited to, for the following reasons: (a) your Account is inactive (i.e., not used or logged into) for one year; (b) you fail to comply with these Terms; (c) we suspect fraud or misuse by you of Virtual Currency, Virtual Goods, or other Content; (d) we suspect any other unlawful activity associated with your Account; or (e) we are acting to protect the Services, our systems, the game, any of our users, or our reputation or the reputation of any of our partners.

YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY OR VIRTUAL GOODS WHEN YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Certain jurisdictions may provide additional statutory rights, including a Cooling-Off Period which allows you to withdraw from a purchase. Nothing herein is meant to limit your return or cancellation rights for your purchase of Virtual Content under applicable local law.

You agree that your Virtual Currencies and Virtual Goods will be forfeited and your account will be permanently suspended in our sole and absolute discretion if you attempt to buy or sell any Virtual Currency or Virtual Goods by selling, buying or transferring any account connected with us.

  1. PRIVACY

Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with third parties.

By accessing or using the Site or Services, you consent to the collection, use, and transfer of your personal information, as set forth in the Privacy Policy, which forms an integral part of these Terms of Use. Please read our Privacy Policy carefully before using the Site or Services.

  1. USER ACCOUNTS

In order to access some features of the Site or Services, you must create an account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are the sole responsible for the activity that occurs on your account, and you must keep your account password secure and preserve its confidentiality.

Pakacash encourages you to use strong passwords (passwords that include a combination of upper and lower case letters, numbers and symbols).

Should you become aware of any violation or unauthorized use of your account, you must notify us immediately.

Pakacash will not be liable for your losses caused by any unauthorized use of your account. However, you may be liable for the losses of Pakacash or other third parties as a result of the inappropriate use of your account.

  1. LINKS

The Site and Services may contain links to other websites and online resources managed by third parties. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.

  1. CHANGES TO THE SITE OR SERVICES

We often improve and update the Site and Services. We reserve the right to change or discontinue the Site or Services at any time, with or without notice to you.

  1. CANCELLATION AND SURVIVAL

Pakacash reserves the right to allow access to the Site and the Services only to those Users who meet the access conditions provided in this Terms and Conditions, and for any other condition that Pakacash may establish, at its own discretion, in the future, being able to revoke and / or cancel your permission to access the Site and the Services. Notwithstanding the above we reserve the right to cancel the right of access to any User to the Site or the Services at any time, at our sole discretion.

You may terminate this legal agreement with Pakacash at any time for any reason, by discontinuing the use of the Services and/or by contacting help@Pakacash.com to delete your account

The all sections will remain in force after your account is closed and after any expiration or termination of these Terms, and you will continue to be liable for all of your activities during the time you used the Services.

  1. DISCLAIMER AND LIMITATIONS ON OUR LIABILITY

YOU USE THE SITE AND SERVICES AT YOUR OWN RISK

THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO YOU AND WILL FUNCTION IN VIRTUE OF THEIR AVAILABILITY AT ANY GIVEN MOMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENT COMPANY, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSEES (” AFFILIATES “) DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE OR NEGOTIATIONS.

PARTICULARLY, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS, TIMELINESS, SECURITY OR RELIABILITY OF THE SITE, SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES.

OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY, PROPERTY DAMAGE OR LOSS OF DATA RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES, OR ANY DELETION OF OR FAILURE TO STORE OR TRANSMIT ANY CONTENT OR COMMUNICATIONS; (E) ANY BUG, VIRUS, TROJAN HORSE, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; (F) FAILURE OF THE SITE OR SERVICES TO MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (G) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY LIABLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION WHETHER SPOKEN OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

Waiver of Consequential Damages. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE OR SERVICES, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF TOTAL LIABILITY

Limitation of Total Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM OR IN CONNECTION WITH THESE TERMS, THE SITE OR SERVICES, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY (INCLUDING CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE), WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID DURING THE 6 MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY, TO A MAXIMUM OF USD 100 (100 US DOLLARS).

Basis of Bargain. You understand and agree that we have set our prices and entered into these Terms with you in accordance to the limitations of liability set forth in these Terms, which allocate risk between you and us and form the basis of an agreement between the parties.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above liability disclaimers and limitations may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such legislation.

  1. INDEMNIFICATION

You agree to indemnify and hold harmless Pakacash and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account, or your User Content. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

  1. FOR RESIDENTS OF THE UNITED STATES – BINDING ARBITRATION AND CLASS ACTION WAIVER

These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or access, download and use our Services in the United States. This Section is made pursuant to a transaction in interstate commerce, and shall be governed by the Federal Arbitration Act (the “FAA”).

You and Pakacash agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Pakacash hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and Pakacash relating to or arising from these Terms, the Site, Services or any Content (each a “Claim”) shall be submitted for binding arbitration. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures (“AAA Rules”) including the AAA’s Consumer Arbitration Rules. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

Arbitration Procedures: The arbitration will be heard and determined by a single arbitrator. The arbitrator must be a lawyer with at least 10 years of experience or a retired judge. The arbitration hearing shall be held in New York County, New York. However, if you reside in a state other than New York, you will offer Pakacash the opportunity to make the hearing convenient to you by permitting Pakacash to select to: (a) conduct the hearing solely on the basis of documents submitted to the arbitrator, with the parties participating through telephonic or video conference hearings; or (b) arbitrate in your state of residence at a location reasonably convenient to you and Pakacash. In addition, in cases where an in-person hearing is held, you and/or Pakacash may attend by telephone, unless the arbitrator requires otherwise.

The arbitrator’s decision in any such arbitration will be final and binding upon the parties, except for a limited right of review as provided in the FAA. Judgment upon the award may be entered in any court having jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

Costs. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Pakacash will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. Each party shall bear the expense of that party’s attorneys, experts, and witnesses, regardless of which party prevails in the arbitration, unless applicable law gives a party the right to recover any of those fees from the other party.

Class Action Waiver: Neither you nor Pakacash may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis, and there should also be no joinder or consolidation of parties. The arbitrator can decide only your and/or Pakacash’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any portion of this Section is found to be invalid or unenforceable, then that specific portion shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect; provided however, that if the Class Action Waiver is deemed invalid, then this entire Section shall be null and void. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of your relationship with Pakacash.

Small Claims; Action by Government Agencies: This arbitration agreement does not preclude you or Pakacash from seeking action by federal, state, or local government agencies. You and Pakacash also have the right to bring qualifying claims in small claims court. In addition, you and Pakacash retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING EXCEPT FOR A LIMITED RIGHT TO REVIEW AS PROVIDED IN THE FAA. OTHER RIGHTS THAT YOU OR PAKACASH WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

  1. FOR USERS WHO ARE IN EUROPE – BINDING ARBITRATION

These provisions shall apply to Users who access, download and use our Services in any Member State of the European Union, and to the extent that the User jurisdiction allows it.

The User and Pakacash agree that any controversy, difference or claim arising from this Terms and any amendment to it or relating to this, including in particular, its formation, validity, obligation, interpretation, execution, failure or termination, as well as non-contractual claims, will be submitted to binding and mandatory arbitration for final settlement in accordance with the WIPO Arbitration Rules. The arbitral tribunal will be composed of a single arbitrator. The arbitration will take place in Spain. The language to be used in the arbitration procedure will be Spanish. The dispute, difference or claim will be resolved in accordance with the law of Spain.

To avoid any doubt, arbitration is an alternative dispute resolution mechanism, which replaces the traditional judicial system. In arbitration who resolves the dispute is an arbitrator and not a judge, by means of an arbitral award, binding on the parties.

This procedure is more informal than a legal action before a court and offers greater advantages, such as greater speed in the resolution of the conflict and warrant the confidentiality of the dispute, since it is a private process in which the awards do not enjoy publicity, unlike judicial sentences.

  1. APPLICABLE LAW AND JURISDICTION

For residents of the United States: These Terms will be governed by and construed in accordance with United States federal law and the laws of the State of New York for residents of the United States, without giving effect to any conflict of laws, rules or provisions.

If any court or arbitrator determines that the “BINDING ARBITRATION AND CLASS ACTION WAIVER” section set forth above is void or unenforceable for any reason or that an arbitration can proceed on a class action basis, then you and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in New York County, New York to resolve any Claims that are permitted to proceed on a class action basis, or otherwise determined not to be arbitrable. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

For residents of other countries: These Terms shall be governed by and construed in accordance with the laws of Uruguay. All claims, legal proceedings or litigation arising in connection with the Services, except as stated in Section 16, will be brought solely in the relevant courts located in the city of Montevideo, Uruguay. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

  1. OTHER PROVISIONS

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

  1. THIRD-PARTY FEES

In addition to the sections above, and notwithstanding anything to the contrary in Terms, this section applies with respect to your use of any version of our app compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Terms and does not own and is not responsible for the app. ‘’Pakacash’’ is an independent app, and ‘’Apple’’ is not  responsible for it.

You may incur in access or data fees from third parties (such as your Internet provider or mobile carrier) in connection with your use of the Site, Services or content. You are responsible for all such fees.

  1. CHANGES TO THESE TERMS

From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the Site. Said changes will go into effect on the revision date shown in the revised Terms. By continuing to use the Site or Services, you are agreeing to the revised Terms.

PLEASE PRINT A COPY OF THESE TERMS FOR YOU RECORDS AND CHECK THE SITE REGULARLY FOR ANY CHANGES TO THESE TERMS.

  1. CONTACT

The owner of this Site and Services is:

Pakacash,

Email: help@Pakacash.com

©2019 Pakacash. All rights reserved.

MEMBERS OF:

TERMS AND CONDITIONS  PRIVACY POLICY ©2020 PAKACASH. ALL RIGHTS RESERVED.