TERMS OF SERVICE

This website/widget/API/web/mobile Application (“Platform”) is owned and operated by Shoppalive Private Limited under its brand name “Poko”  (“Company”/”We”/”Us”/”Our”) having its registered office at 6 METROPOLE DRIVE #01-01 OPERA ESTATE SINGAPORE (456684).

Any user of the Platform shall be termed as the “Customer”, any reference to “You”, “Your”, “Yourself” shall hereinafter refer to the Customer.

These Terms of Service (“Terms”) constitute a legally binding agreement between You and Us. These Terms govern Your access and use of the Platform.

Please use the Services provided by the Platform only if You agree to these Terms. If You do not agree with the Terms, You may not use the services provided. Your usage or access to the Services provided by the Platform shall be deemed to be implied consent on Your part to comply with these Terms.

These Terms may be changed or updated from time to time. The Company reserves the right to modify, change or alter these Terms at their sole and exclusive discretion. We shall be posting the updated versions of these Terms on the Platform. You shall be solely responsible to review and update Yourself with the changed Terms. If You continue using the Services after the updated Terms have been posted, it would be construed as a deemed acceptance from Your part of the updated Terms. 

SERVICES

The Platform is an Onramp payment Aggregator that enables its End Users to access the services of various third parties that offer fiat-to-cryptocurrency onramping services (“Onramp Service Providers”).

We merely facilitate the transactions between Onramp Service Providers and End Users through Our Platform and offer no representations and warranties in this regard. We do not offer fiat-to-cryptocurrency conversion services or sell, deal, offer, transact in cryptocurrencies in any manner. We are not party to the transactions that take place between the Onramp Service Providers and the End Users. We are not liable for any disputes that You may have with the Onramp Service Providers. We do not take custody of End-User funds at any stage.

We do not provide any customer support for the transactions between End Users and Onramp Service Providers including but not limited to evaluating the transactions for compliance with applicable laws, cancellations, refunds etc. All these terms shall be governed by the terms of use of individual Onramp Service Providers that You choose to use through the Platform. 

ELIGIBILITY

You can use the Services offered on the Platform if:
  1. You are of Eighteen years of age and above and understand and freely consent to these Terms and other policies which are displayed on Our Platform.
  2. You acknowledge and agree that in using and accessing the Services, You shall always be in compliance with the applicable laws.
  3. You are not using the Services for any unlawful or illegal purpose. 
  4. Usage of the Services offered on the Platform do not breach applicable laws in the jurisdiction where You are based. 

INTELLECTUAL PROPERTY

You agree that the Services offered, the Platform, the software on which the Platform runs, the widgets, APIs, any information/content displayed on the Platform, the logos, brand name, brand marks of the Company are the sole and exclusive intellectual property of the Company.

You agree to not copy, modify, re-sell, reuse, license out, distribute or use the intellectual property of the Company in any unauthorized manner.

Any violation of this clause shall be considered to be a breach of these Terms and the Company is free to pursue any legal remedy it deems fit for the enforcement and protection of its rights.

You agree and acknowledge that these Terms only grant a limited, revocable, non-exclusive license to the End User to view, access and use the Services offered by the Platform. 

DISCLAIMER

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL USE THIS PLATFORM AT YOUR SOLE RISK. ALL SERVICES WHICH YOU ACCESS AND USE ARE SOLELY ON AN ‘AS-IS’ AND ‘AS-AVAILABLE’ BASIS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. 

ASSUMPTION OF RISK

You acknowledge and voluntary assume the following risks:
  1. The risk of carrying out transactions on blockchains and similar emerging technologies that may be susceptible to higher security and technical risks.
  2. The risks of converting Your fiat into cryptocurrency. 
  3. The risk of an uncertain regulatory regime associated with digital currencies and related technologies, that is subject to change at any time.

USE OF SERVICES

Your Use of Services shall be strictly in accordance with the guidelines/conditions laid down below:
  1. You shall not use the Services or access the Platform for any illegal or unlawful activity. 
  2. You shall use the Services only for the purposes permitted under these Terms. 
  3. You shall not modify, copy, reuse, re-sell or tamper in any possible manner, the information available on the Platform.
  4. You shall not employ unauthorized means to access the Service by circumventing the interface which has been provided by the Company. The Company reserves the right to prohibit any such activity. 
  5. You shall not attempt to gain unauthorized access to any part of the Platform, which has not been made available by the Company to You, by using illegal cyber means.
  6. You shall not make any derogatory or defamatory statements about the Company or its brand on social media or elsewhere. You shall not engage in any conduct which has the effect of damaging the reputation of the Company or its brand. You acknowledge and agree that if You do engage in disparaging or defamatory conduct which tarnishes the reputation of the Company or its brand, the Company reserves the right to pursue legal remedies against You. 
  7. You shall not through any means or usage of any device, software or hardware, interrupt the normal functioning of the Platform.
  8. You give Your informed and free consent for Your personal information to be collected and processed by the Company. You understand that the Company shall use your personal information solely for the purposes of making the Platform available to You. 
  9. You understand and agree that the Onramp Service Providers are third-parties and that the Company shall not be liable for any omission or unlawful conduct of any Onramp Service Provider.
  10. We do not represent or warrant the authenticity of the Onramp Service Providers present on Our Platform and You shall be solely responsible to independently verify the authenticity of the same. 

PAYMENT OF CONVERSION FEE

The Onramp Service Providers may charge a conversion fee for the Onramp services provided by them. The Company does not determine such conversion fee and shall not be held liable for any dispute arising from or associated with the levy of the conversion fee by the Onramp Service Provider.

Any dispute, technical issues with the payment or refunds associated with the conversion fee shall directly be taken up by the Onramp Service Provider. 

CANCELLATION & REFUND POLICY (FOR DIRECT CHECKOUT)

At Pokoapp, we strive to provide our customers with high-quality products and services. We understand that there may be times when you need to request a refund, and we are here to help you with that process.

Please note that due to the nature of online purchase, all sales are final, and we do not offer refunds or exchanges for any digital assets or products purchased through our widget. Once you have purchased a digital product, it cannot be returned for a refund or exchanged for another product.

If we fail to fulfil our service or product as described, we will issue a full refund (less any applicable gas fees and processing charges) to your wallet address. Please contact our customer service team within 30 days of the payment date to request a refund. We will investigate the issue and, if necessary, issue a refund within 15 working days.

For services that require ongoing subscriptions, you can cancel your subscription at any time, and you will not be charged for any future billing cycles. However, we do not offer refunds for partial subscription periods that have already been billed. 

If you are eligible for a refund, we will issue the refund to your wallet address. It may take up to 15 business days for us to issue the refund. We might require you to share with us proof of payments.

Please note that we reserve the right to modify this refund policy at any time without notice. Any changes to the policy will be posted on our website, and we encourage you to review the policy periodically. 

We hope this helps you understand our policies and procedures. If you have any further questions or need additional assistance, please contact our customer service team at help@pokoapp.xyz, and we will be happy to assist you.

 LIMITATION OF LIABILITY

The Company shall not be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of the Platform and/or the Services being offered on the Platform and/or for any other claim related in any way to Your use of the Service. 

Further, the Company shall not be liable for any damages, losses, costs, expenses or any other liability arising out of or connected with:
  1. Incorrectness of information displayed on the Platform. 
  2. any errors, bugs, hacks, breaches, viruses, worms, harmful software or (other) attacks aimed at the security of the Platform.
  3. for any incorrect information provided by the Customer, 
  4. any incorrect performance of the Services, 
  5. For any act or omission, non-fulfilment of orders or any claims pertaining to the transactions related to the Onramp Service Providers.
In any case, the Company’s cumulative liability under these Terms shall not exceed USD [Insert the amount you want your liability to be capped to].

TERMINATION AND SUSPENSION

At any time, We may block your access to the Platform and/or its Services, at Our sole discretion, if We reasonably suspect that You are using the Platform in breach of these Terms and/or in breach of applicable laws. 

Either Party may terminate this agreement at any time.

In case of termination, all limitations of liability as well as all general provisions in this agreement will survive.

We may at any time, at Our sole discretion, choose to cease the operation of the Platform or part of the Platform, without giving any prior notice to You. You agree and acknowledge that the Company does not assume any responsibility nor liability with respect to, or in connection with the termination of the Service and/or loss of any data.

THIRD-PARTY LINKS

Our Platform may contain some third-party links. Such third-party links may lead You to a third-party website that is not affiliated to Us, including but not limited to the websites of the Onramp Service Providers. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SEVERABILITY

If any of these Terms become illegal, invalid or otherwise unenforceable, then that part of the Terms which has become so illegal, invalid or unenforceable shall be deemed to be severed from the rest of the Terms without affecting the validity or enforceability of the rest of the Terms. 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company or any of its officers, representatives, employees or agents against any claims which may arise out of Your breach of any of these Terms and/or any breach of applicable laws.

DISPUTE RESOLUTION AND GOVERNING LAW

These Terms are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts at Singapore. 

QUESTIONS AND GRIEVANCES

If you have any queries regarding these Terms, you may contact our customer service personnel at the following email address: legal@pokoapp.xyz. The Company does not ensure but, Our customer service personnel, shall try to the best of their capabilities to resolve Your issue within 30 working days of Your raising such an issue.
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Local payments for global business
Registered in the Republic of Singapore under Shoppalive
Private Limited (UEN: 201729196G)
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