Terms of Service
Last updated: 18 July 2022
This Paralinker Terms of Service (the “Agreement”) is an agreement between Paralinker ( “Paralinker” or “we” or “Company”) and the users (the “User” or “you”) who uses the products and/or services provided by Paralinker (the “Paralinker Services”) and/or visits the official website of Paralinker [Paralinker.com] (the “ Paralinker Website”). By using the Paralinker Services and/or visiting the Paralinker Website, you acknowledge that you agree to all the terms of this Agreement and the Privacy Policy. If you do not agree to any term of this Agreement and the Privacy Policy, please do not use the Paralinker Services and/or visit the Website.
I. General Terms
1.1 Paralinker reserves the right to change or modify the terms of this Agreement at any time at its sole discretion. It is your responsibility to periodically review this Agreement for the latest changes. Any changes or modifications of this Agreement shall take effect once it is published on the Paralinker Website (unless the effective time is otherwise prescribed). You agree that by using the Paralinker Services and/or visiting the Paralinker Website following any changes to this Agreement, you agree to accept such changes.
1.2 If you have any objections to the changes to this Agreement or if you are dissatisfied with the Paralinker Services and/or the Paralinker Website, you should immediately: (1) stop using the Paralinker Services and visiting the Paralinker Website; and (2) inform Paralinker through client service channel to stop providing Paralinker Services to you. You agree that once the Paralinker Services is terminated, the User’s right to use the Paralinker Services is terminated immediately.
II. User Registration
2.1 You hereby represent and warrant to Paralinker as follows, which representations and warranties will be deemed repeated each time you use the Paralinker Services and/or visit the Paralinker Website:
(1) if you are a natural person: you are at least 18 years old of age and have full civil capacity;
(2) if you are an entity: you are duly organized and validly existing under the laws of the jurisdiction of your organization or incorporation and, if relevant under such laws, in good standing;
(3) your use of the Paralinker Services complies with the applicable laws and regulations in your country/region, and your use of the Paralinker Services does not violate your obligations to any third party;
(4) you have the requisite power to use the Paralinker Services and perform your corresponding obligations, and the Agreement and the corresponding purchase order(s) are valid and binding on you.
2.2 When providing the registration data and information (the “Registration Information”), you hereby agree that:
(1) you will provide legal, truthful, accurate and complete Registration Information;
(2) you will timely notify Paralinker if there is any change to the Registration Information provided by you; if the Registration Information provided by you is illegal, untrue, inaccurate or incomplete, you shall bear all the corresponding responsibilities and consequences;
(3) Paralinker reserves the right to impose certain restrictions on your account and/or suspend or terminate your use of the Paralinker Services based on the Registration Information provided by you to Paralinker in accordance with Paralinker’s compliance obligations and internal risk control policy;
(4) Unless obtained express written consent from Paralinker, you shall only register for one account at Paralinker;
(5) For compliance purpose such as KYC (“know your customer”) and/or anti-money laundering, Paralinker reserves the right to request you to provide Paralinker your personally identifiable information and/or financial information; and
(6) You will be required to enter your username and password when using certain features of the Paralinker Services. If you are unable to access your account for reasons such as you forget the password, Paralinker reserves the right to request specific information from you, including but not limited to proof of identity; proof of residence; telephone number /Email proof and any identifiable activity information on the website, etc.; however, you hereby agree that you will not share your username and/or password with any third party or allow any third party to access your account. Paralinker is not responsible for any consequences and losses caused by your improper use of your account and/or password or any third party’s use of your account and/or password. If you believe that your username and/or password are known to any third party or that your account has been accessed by any third party, you should notify Paralinker immediately.
III. Risk Factors
3.1 You understand and acknowledge that there are risks associated with holding, trading, investing in digital currencies and the use of digital currency-related services. The risks listed in this Section 3.1 are not exhaustive. These risks, and additional risks that may occur now or in the future, may prevent you from obtaining any gains, may cause you to suffer financial losses, and may even terminate the services we provide:
(1) The use of any digital currencies or related products and services will bring potential financial, regulatory and other risks. Before using any digital currencies or related products and services, you should confirm that you have sufficient knowledge and experience in blockchain technology and digital currency. Your decision to participate in any digital currency activity and/or use of related services should be based on independent study and/or consultation with professionals as you deem necessary. Paralinker assumes that when you use the services provided by Paralinker, you are a professional who understands the digital currency industry and understands the risks of digital-currency-related products and services. This Agreement and any services provided by Paralinker should not be deemed as Paralinker’s providing you with investment advice;
(2) You understand and accept that Paralinker does not control any blockchain protocol or any smart contract. You understand and accept that Paralinker does not control and is not responsible for the transactions of any blockchain protocol. You agree that you alone, and not Paralinker, is responsible for any transaction that you engage in with regard to supporting any blockchain protocol, or any transaction that you engage in with any third-party-developed smart contract or token. You expressly assume full responsibility for all of the risks of accessing and using the Paralinker Services to interact with blockchain protocols;
(3) Paralinker will maintain or upgrade the system periodically. You hereby confirm that you do not expect that your use of the Paralinker Services is continuous, without any interruption. Unless otherwise expressly prescribed, Paralinker is not responsible for any and all losses caused by the suspension and interruption due to Paralinker’s maintenance and upgrading of its system;
(4) No authentication or computer security technology is 100% secure and safe. You agree to bear all risks related to hacking or identity theft;
(5) You understand and agree that Paralinker reserves the right to post, modify, and/or provide information related to the Paralinker Services through the website, emails, customer service calls, SMS and other official channels. Paralinker is not responsible for information obtained through non-official channels of Paralinker. If you have any questions related to the truthfulness of information sent in the name of Paralinker, please contact us immediately.
IV. Services, Content and Specifications.
Details of the Paralinker Services are set out in the Paralinker Website. All features, content, specifications, products and prices of the Paralinker Services described or depicted in Paralinker Website are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services in the Paralinker Website at a particular time does not imply or warrant that these products or services will be available at any time.
V. Restrictions and Obligations
5.1 You shall not use the Paralinker Services to engage in any activities that violate applicable laws and regulations. You shall not use the Paralinker Services to:
(1) support, incite or participate in any terrorist activities;
(2) participate in any money laundering activities;
(3) fabricate or distort facts, spread rumors, and disrupt social order;
(4) promote or produce obscene, violent and/or terrorist content; or
(5) participate in any other activities that violate applicable laws and regulations.
5.2 You agree to comply with all applicable laws and regulations, this Agreement and all rules and policies announced by Paralinker from time to time regarding the use of the Paralinker Website and Paralinker Services.
5.3 You shall be fully liable for the security of your account password (or other security devices). Any application or order submitted through your account is deemed to have been executed and agreed upon by yourself. If your account, password or other information is used fraudulently or illegally due to your negligence, we are not responsible for any risks and losses arising therefrom. If you suspect that your account, password or other information has been fraudulently or illegally used, you shall notify us immediately.
5.4 You agree and represent that the source of your funds used to purchase the Paralinker Services is legal and compliant. You agree that you shall fully assume the relevant tax obligations arising from the use of the Paralinker Services.
5.5 You agree and represent that you are using the Paralinker Services only for your own benefit and that you are not using the Paralinker Services on behalf of others or for the benefit of any third parties.
5.6 You agree to contact Paralinker immediately if you find or suspect any fraud or misconduct by any third party using the Paralinker Services.
5.7 Unless obtained prior written consent from Paralinker, you may not register multiple accounts on the Paralinker Website in any circumstances. You shall not register multiple accounts in order to obtain profits, rewards or coupons.
5.8 You should not participate in any activities that may affect the Paralinker Services and/or the security of the Paralinker Website.
5.9 You shall not use any method (such as Proxy, Tor, VPN, etc.) to block your Internet traffic and IP addresses or use other technical services that may hide the user's real Internet connection.
5.10 Intellectual property rights of any content displayed on the Paralinker Website, including but not limited to articles, pictures, news, materials, website structure, website layout, website design, unless otherwise specified, are entirely owned by Paralinker or Paralinker’s licensor (if any). You shall respect the intellectual property rights of Paralinker and Paralinker’s licensor (if any).
5.11 Paralinker hereby grants you a limited, non-exclusive, revocable, non-transferable and non-sublicensable license during the term of this Agreement to use the Paralinker Services under this Agreement. Paralinker or its licensor reserve all rights, titles and interests in and to the Paralinker Services, including all source code, object code, data, information, and their copyright, trademark, patent, invention and trade secrets, as well as all other rights not expressly granted to you under this Agreement. This Agreement does not constitute a waiver of any Paralinker's rights under the intellectual property law of the British Virgin Islands or any other jurisdiction or any other federal, state or foreign law.
5.12 You shall neither engage in any activities in the name of Paralinker nor use the information/data on the Paralinker Website without prior written authorization from Paralinker.
5.13 For any data or information that we provide to you during the period in which you use Paralinker Services, you agree:
(1) that such data or information is only used for the purpose specified in this Agreement and in compliance with all applicable laws;
(2) not to transfer, transmit, display or otherwise disclose or make available such data or information to third parties except required by Applicable Laws;
(3) not to modify, distribute, alter, tamper with, repair, or otherwise create derivative works of such data or information without Paralinker's prior written consent;
(4) not to reverse engineer, disassemble, or decompile the Paralinker Services or such data or information or apply any other process or procedure to derive the source code of any software included in the Paralinker Services (except to the extent applicable law doesn’t allow this restriction);
(5) not to access or use the Paralinker Services in a way intended to avoid incurring fees or exceeding usage limits or quotas;
(6) not to use scraping techniques to mine or otherwise scrape data; and
(7) not to resell or sublicense the Paralinker Services or such data or information without Paralinker's prior written consent.
5.14 You hereby represent and warrant that your use of the Paralinker Services will not negatively affect Paralinker's reputation or cause Paralinker to assume legal responsibility or other penalties, fines, and sanctions.
5.15 You hereby understand that the Paralinker Services are not available to the following (each, a "Restricted Person"): 1) residents in the following countries or regions: the United States, Mainland China, Crimea region, Cuba, Iran, North Korea and Syria; 2) any entities or individuals that are restricted under applicable trade sanctions and export compliance laws; or 3) any entities or individuals that are restricted under Paralinker’s compliance obligations and/or internal risk control policies. The above list is not exhaustive. Before using the Paralinker Services, please confirm that you are not a Restricted Person. In the event that you are a Restricted Person and you use the Services provided by Paralinker, all legal risks and liabilities caused by or arising from such usage shall be entirely borne by you, and Paralinker shall have the right to refuse to provide Services to you, and you shall not be entitled to ask Paralinker to provide any refund.
5.16 If the User violates any provisions of this Section 5, Paralinker shall have the right to immediately suspend or terminate the Paralinker Services provided to the User, and Paralinker shall have the right to take all necessary legal means within the scope permitted by the applicable laws and regulations.
VI. Liability for Breach of Agreement
6.1 For any violation of this Agreement by the User (including but not limited to: the User uses the Paralinker Services to engage in any illegal activities, the User’s use of the Paralinker Services is illegal in the User’s country/region,etc.), Paralinker has the right to immediately suspend or terminate the provision of Paralinker Services to the User and take all necessary legal measures within the scope permitted by applicable laws and regulations, including but not limited to requiring the User to compensate Paralinker for related losses.
6.2 If Paralinker reasonably suspects that the User uses the Paralinker Services in an illegal, fraudulent, or another improper manner, Paralinker shall has the right to suspend the provision of the services to the User until the User can provide proof of compliance to Paralinker’s satisfaction.
VII. Disclaimer, Limitation of Liability and Indemnification
7.1 The Paralinker Services are provided “AS IS.” Except to the extent prohibited by law, or to the extent any statutory rights apply that cannot be excluded, limited or waived, Paralinker and its affiliates and licensors (a) make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the Paralinker Services or the third-party content, and (b) disclaim all warranties, including any implied or express warranties (i) of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, (ii) arising out of any course of dealing or usage of trade, (iii) that the Paralinker Services or third-party content will be uninterrupted, error free or free of harmful components, and (iv) that any Paralinker Services or its content will be secure or not otherwise lost or altered.
7.2 The User agrees that any third-party links provided by Paralinker are for convenience and reference only. Paralinker's provision of these third-party links does not mean that it confirms these links and the content displayed on these links. Since these third-party links are not controlled by Paralinker, Paralinker cannot guarantee that the User's access to such links is safe and virus-free. Paralinker is not responsible for any loss caused by the User’s accessing such third-party links and any other third-party links not controlled by Paralinker.
7.3 The User hereby understands and agrees: unless it is expressly agreed in writing by Paralinker in advance, under no circumstances shall Paralinker be liable for the following events and the User's losses due to the following events:
(1) service interruption;
(2) damage or loss of information/data;
(3) implementation or change of laws, regulations and policy factors;
(4) that the User is restricted under Paralinker’s compliance obligations and/or internal risk control policies based on the information provided by the User (including but not limited to the Personally Identifiable Information, financial information and digital asset wallet address);
(5) loss caused by the User's fault or violation of this Agreement (including but not limited to providing inaccurate information to Paralinker, leaking password to third parties, etc.);
(6) other events not controlled by Paralinker.
7.4 In no event shall the aggregate liability of Paralinker together with all of its affiliates arising out of or related to this Agreement exceed the total amount paid by you hereunder for the Paralinker Services giving rise to the liability in the twelve months preceding the first incident out of which the liability arose, or, if no fees have been paid, $[10,000]. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability, but will not limit your payment obligations (if any).
7.5 You agree and accept that: without duplication of any other rights to recovery or indemnity set forth in this Agreement, you shall indemnify and defend Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors, against, and shall hold Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors, harmless from, any loss, liability, claim, action, suit, or expense (collectively, “Losses”, including reasonable attorney’s fee) caused by or resulting from your breach of this Agreement (including but not limited to your breach of any obligation, representation or warranty under this Agreement). In no event shall Company, its parents, subsidiaries, or affiliates, or each of their respective officers, directors, employees, agents or advisors, be liable to you or any third party for any special, incidental, indirect, or consequential damages or damages for loss of profits arising out of or in connection with this Agreement..
VIII. Confidentiality
8.1 All information concerning this Agreement and matters pertaining to or derived from the provision of Paralinker Services pursuant to this Agreement between you and Paralinker (each a “Party”), whether in oral or written form, or in the form of drawings, computer programs or other, as well as all data derived therefrom and any information concerning the business, affairs, buyers, clients or sellers of each Party (“Confidential Information”), shall be deemed to be confidential.
8.2 Each Party undertakes that it shall not at any time disclose to any person any Confidential Information except as permitted by Section 8.3.
8.3 Each Party may disclose Confidential Information:
(a) to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the Party's rights or carrying out its obligations under or in connection with this Agreement. Each Party shall ensure that its employees, officers, representatives or advisers to whom it discloses any Confidential Information comply with this Section; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
8.4 No Party shall use any Confidential Information for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.
8.5 No Party shall make, or permit any person to make, any public announcement concerning the existence, subject matter or terms of this Agreement, the wider transactions contemplated by it, or the relationship between the Parties, without the prior written consent of the other Party, except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction.
IX. Miscellaneous
9.1 Waiver: No delay or omission as to the exercise of any right or power accruing upon any default by the User shall impair Company’s exercise of any right or power or shall be construed to be a waiver of any default or acquiescence therein.
9.2 Severability: Should any provision of this Agreement be determined to be illegal or unenforceable, such determination shall not affect the remaining provisions of this Agreement.
9.3 Governing Law: This Agreement shall be governed in all respects by the laws of the British Virgin Islands without regard to conflicts of law principles.
9.4 Dispute Resolution: If there is any dispute between the parties in the performance of this Agreement, and if the negotiation fails, either party has the right to submit the dispute to Singapore International Arbitration Centre for arbitration and the dispute shall be finally settled in accordance with Arbitration Rules of the Singapore International Arbitration Centre in effect at the time of submission for arbitration. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. The arbitral award is final and binding on both parties. Unless the arbitral award is otherwise determined, the arbitration fee shall be borne by the losing party. The losing party shall also compensate the winning party’s legal fees and other expenses.
9.5 Replacement of Prior Agreements: This Agreement replaces and supersedes all prior agreements between you and Paralinker with respect to the subject matter provided for herein.
9.6 Version: The English version of this Agreement shall prevail.