Terms and Condition

1. You agree to:
1. Access the Platform and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services or the Platform in good faith;
2. Comply with any and all guidelines, notices, operating rules, and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments thereto issued by us from time to time; and
3. Ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate.
2. Access to password protected areas of the Platform and/or use of the Services are restricted to Customers with Platform accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information on the Platform, through any means not intentionally made available by us for your specific use.
3. If you are below 18 years old, you must obtain consent from your parent(s) or legal guardian(s). By consenting to your acceptance of these Terms and Conditions, your parent(s) or legal guardian(s) are agreeing to take responsibility for:
1. Your actions in your access and use of the Platform and/or the Services;
2. Any charges associated with your use of any of the Services; and
3. Your compliance with these Terms and Conditions.
4. If you do not have consent from your parent(s) or legal guardian(s), you must cease accessing the Platform and using the Services.

Zybi Tech Inc., the Platform, and Services support the trading of digital currencies according to instructions from Customers. Submitted virtual currency transactions must undergo confirmation by the virtual currency network and as such, will remain in an unconfirmed status until such time that the Platform is able to ensure the transaction's completion. Assets of funds related to a pending virtual currency transaction will be put on hold accordingly.

Fees

Zybi Tech Inc. Inc. and the Platform may charge fees related to the processing of digital currency transactions on the Customer's behalf. The amount will be confirmed with the customer before the transaction, and the Customer will have to accept before the transaction is executed.

Trade suspension

If Zybi Tech Inc. Inc. determines an onset of abnormally disadvantageous trades (to the Company or the Customer), Zybi Tech Inc. Inc. may suspend virtual currency exchange operations without giving prior notice. The suspension may last until Zybi Tech Inc. Inc. determines that the underlying indicators have returned to normalcy. Zybi Tech Inc. Inc. reserves the right to reverse or cancel transactions completed during the abnormal trading event. Zybi Tech Inc. Inc. is also not liable for any opportunity losses that the Customer may incur during suspension of trading.

Risks

The following sections describe risks associated with (but not unique to) virtual currency use and trading. Zybi Tech Inc. Inc. bears no responsibility for protecting the customer against these risks.

Price volatility

The Customer must be aware that the prices of virtual currencies may surge or drop precipitously at any time. This may be affected by factors such as (but not limited to):

• Changing supply and demand
• Political events
• Economic events
• Wars
• Disasters
• Changes to regulations governing the virtual currency market

Compromised accounts, passwords, or keys

Virtual currency wallets have public and private keys, both consisting of symbols and characters. The public key can be shared with other users, it allows the user to receive cryptocurrencies into his or her digital wallet. Private keys, on the other hand, must always be safeguarded. If a private key is lost, the user will not be able to withdraw from his own account. If a private key is compromised, unauthorized actors can gain control or steal the contents of the virtual currency wallet. While Zybi Tech Inc. Inc. has support processes that can assist a customer in gaining back control of compromised assets, Zybi Tech Inc. Inc. is not liable for any loses caused by compromised accounts, passwords, or keys.

Fraud

While Zybi Tech Inc. Inc. applies Know Your Customer (KYC) and Risk Management procedures on all Customer Accounts, we do not guarantee their identity nor their actions. The Customer must exercise his or her own good judgement when dealing with other actors within the Platform. Zybi Tech Inc. Inc. Inc is not responsible for malicious or fraudulent intent that its customers may engage in while using the Platform.

Bugs and flaws

Zybi Tech Inc. Inc. may not detect all exploitable bugs in the programming of the Platform, and may also, due to normal course of application design and development, introduce flaws in programming that can be exploited by malicious actors or other Customers. Said bugs and flaws can result in customer data breaches and loss of digital assets.

Network or security breach

Zybi Tech Inc. Inc. may suffer malicious breaches and cyberattacks that could result in the Customer's identity data and digital assets being stolen.

GENERAL USE OF THE SERVICES

Description of payment service

1. Zybi Tech Inc. Inc. operates an electronic payment service that enables you to send and receive payments from third parties authorized and approved by the platform. Zybi Tech Inc. reserves the right to amend any functionality to send and receive payments from other users via the Platform.
2. Upon your registration with the Platform, an online account which holds electronic funds for use in online transactions ("Customer Account") will be created for you.
3. The Platform acts as your agent solely in relation to the custody of your electronic funds in your Customer Account. The Platform maintains separate and independent funds for our corporate purposes and the funds available in your account are exclusively for your own use only.
4. You understand and accept that:
1. Zybi Tech Inc. is not licensed as a bank, nor does it provide banking services and/or functions which are integral or closely related to the banking business. Zybi Tech Inc. is not allowed to extend any form of credit or lending, nor engage in the business of accepting deposits;
2. The Customer Account is not insured by any government agency and there is no voluntary or compulsory scheme in which Zybi Tech Inc. is a member which compensates the Customer in the event Zybi Tech Inc. becomes unable to satisfy claims relating to your Customer Account or otherwise in relation to the Services; and
3. Zybi Tech Inc. does not act as a trustee or accept any fiduciary role in respect of the electronic funds in your Customer Account.
4. E-money or electronic funds in the e-wallet may only be redeemed at face value. It shall not earn interest nor rewards and other similar incentives convertible to cash, nor be purchased at a discount.
5. Lastly, Zybi Tech Inc. clearly aims to provide services as e-money issuer (EMI) and that it assumes and declares its responsibility to its e-money holders. Zybi Tech Inc. shall ensure that e-money instruments clearly identify the Issuer, Zybi Tech Inc. Inc who is ultimately responsible to the e-money holders.

Registration

1. The registration process requires you to provide us with accurate and complete personal information, including your name, address, telephone number, date of birth and email address ("Registration Information") in order to become and continue to be a customer.
2. We may request for additional information or documentation at any time and for any reason, including but not limited to confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities, for example, cards which you have registered with us. You agree that you will provide such information and/or documentation promptly to us upon request. If you do not provide such information and/or documentation promptly, we may, without any liability to you, either limit your use of the Services or suspend or close your Customer Account.
3. You authorize Zybi Tech Inc. to make any enquiries it considers necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason whatsoever.
4. Each individual is only entitled to open one (1) Customer Account. If you open more than one Customer Account, Zybi Tech Inc. shall contact you to identify your primary Customer Account and Zybi Tech Inc. may, without any liability to you, close any other Customer Account(s) that you may have opened upon transferring any remaining account balances in any other Customer Account(s) to your primary Customer Account.
5. You may be required to have a username and/or password to access the Services or parts thereof and such username and/or password may either be:
1. Issued to you by the Platform; or
2. Created and provided by you.

Zybi Tech Inc. reserves absolute and sole discretion to invalidate any username and/or password assigned or created without providing you with any reason or prior notice and we shall not be liable for any loss, damage or expense suffered by you as a result of such invalidation.

Account information

1. You are required to ensure that all information provided to Zybi Tech Inc. is accurate and up to date. In the event of any change in your information, please notify Zybi Tech Inc. as soon as possible.
2. All Personal Data provided to Zybi Tech Inc. will be handled, stored, and processed according to the Platform's Privacy Policy. By accepting these Terms and Conditions, you acknowledge that you have read and agree with the Privacy Policy and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.
3. You are solely responsible for keeping your username and password to the Services secure. You are encouraged to change your password on a regular basis and we will not be liable for any disclosure or unauthorized use of your username or password. If your username or password has been compromised, you must inform Zybi Tech Inc. immediately.
4. Any use of your username or password on the Zybi Tech Inc. website or Platform shall be deemed use of the Services. Any information, data, or communication posted, transmitted, or issued during the period where you are logged in with your username and password (whether authorized or unauthorized) shall be deemed to be posted, transmitted, or issued by you. You will be solely responsible for any such transmission, notice or communication and agree to indemnify and hold harmless Zybi Tech Inc. from any loss, damage, expense, and/or liability for actions attributable to the use of your username and password on the Zybi Tech Inc. website or Platform.

Fees

Zybi Tech Inc. may, from time to time, upon giving notice, impose fees and charges as set for in Schedule A, for the use of the Services. You hereby authorize Zybi Tech Inc. to debit or charge your account for the amount of such fees and charges without the need of demand. If at any time, there are insufficient funds to your account to cover the fees and charges, may suspend or terminate the use of the Services without Zybi Tech Inc. incurring any liability as a result thereof.

Adding funds to your account

1. You hereby authorize Zybi Tech Inc. to receive funds on your behalf from your chosen payment source. You agree to upload electronic funds to your Customer Account in accordance with the directions available under the Support Area of the platform (as may be amended by Zybi Tech Inc. from time to time) and you agree that you will not use any unauthorized, invalid or illegal payment method to upload electronic funds to your Customer Account.
2. Zybi Tech Inc. may conduct know-your-customer or due diligence checks in accordance with any applicable regulatory requirements, as well as an internal risk assessment, before clearing funds for receipt by your account.
3. Electronic funds uploaded to your Customer Account are not considered as cash deposits. Zybi Tech Inc. reiterates that the funds may only be redeemed at face value and they are not eligible to earn interest nor rewards and other similar incentives convertible to cash, nor be purchased at a discount.

Payment

1. Payment using the Services may only be made to merchants who are registered and approved by Zybi Tech Inc. ("Merchants").
2. When you make a payment from your Customer Account, Zybi Tech Inc. will, upon conducting all necessary checks and verification, authorize the transfer of the necessary electronic funds including any applicable fees or charges, from your Customer Account.
3. You acknowledge and agree that if there are insufficient funds in your Customer Account to make the necessary payment, Zybi Tech Inc. will not authorize the payment and has the right to cancel the transaction. Zybi Tech Inc. shall not be liable for any loss, damage or liability suffered or incurred by you from a transaction being cancelled due to insufficient funds in your Customer Account.

Restricted activities

1. In connection with your use of the Zybi Tech Inc. Platform, or the Services, or in the course of your interaction with Zybi Tech Inc., another Customer, a Merchant or any other third party through the Zybi Tech Inc. website, you must not:
1. Breach these Terms and Conditions, the Privacy Policy or any other policy featured on the Zybi Tech Inc. platform;
2. Violate any laws, regulations or third-party rights;
3. Infringe Zybi Tech Inc.'s or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
4. Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
5. Act in a manner that is defamatory, libelous, unlawfully threatening or harassing;
6. Provide false, fraudulent, inaccurate or misleading information;
7. Unreasonably refuse to cooperate in an investigation by Zybi Tech Inc. or provide confirmation of your identity or other requested information to Zybi Tech Inc.;
8. Attempt to receive funds from both Zybi Tech Inc. and a Merchant or other third-party seller for the same transaction by submitting similar claims;
9. Use an anonymizing proxy;
10. Control a Customer Account that is linked in any way to another account that has or suspected to been gaged in any restricted activities under these Terms and Conditions;
11. use the Zybi Tech Inc. website, your Customer Account or the Services in a manner that results in or may result in complaints, disputes, claims, fines, penalties and other liabilities to Zybi Tech Inc., another Customer, a Merchant, or third parties;
12. take any action that imposes an unreasonable or disproportionately large load on our infrastructure or such other action that would pose a material risk or issue to our infrastructure;
13. distribute viruses, trojan horses, worms, or other computer programming technologies that may harm the Zybi Tech Inc. website, or the interests or property of any other Customers, Merchants, and any other third parties, including other users on the Zybi Tech Inc. website;
14. attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
15. distribute or promote obscene, pornographic, indecent or offensive material or any material that goes against any public policy and/or any applicable laws or regulations;
16. by way of act or omission, do anything that may cause us to lose any services from our internet service providers, payment processors, or other suppliers;
17. interfere with another's utilization and enjoyment of the Platform or Services;
18. circumvent or manipulate our fee structure, billing process, or the fees owed to Zybi Tech Inc.;
19. transfer your Customer Account to another third party without our prior written consent;
20. use the Services for, or in relation to, any illegal purpose or criminal activity of any nature, including, without limitation, the purchase of illegal downloads;
21. use the Services to facilitate any sale or purchase of any goods and/or services which infringe the intellectual property or other proprietary rights of any third party or prohibited goods and/or services; or
22. facilitate any illegal or unlawful or fraudulent activity of any nature.
2. If we reasonably suspect that you are engaging in any of the restricted activities as set out in clause 3.7A above, we may, without any liability to you, take the following action(s):
1. Report any suspicious or illegal activity to the relevant authorities;
2. Cancel or refuse any transactions;
3. Suspend or close any Customer Accounts;
4. Apply, at our sole discretion, prevention and detection procedures and refuse the execution of transactions if there are grounds to suspect that a Customer Account is being, or may be, used for illegal, unlawful or fraudulent purposes; or
5. Take further steps as Zybi Tech Inc., in its reasonable discretion, may deem necessary, including taking legal action against you.
3. If we close your Customer Account, we will provide you with notice of the closure at the earliest time possible.
4. In the event of the suspension of your Customer Account, we will inform you of the suspension whenever reasonably possible and provide you with the opportunity to request for restoration of access if and when appropriate. Any restoration of access shall be at Zybi Tech Inc.'s discretion and shall be subject to Zybi Tech Inc.'s prevailing policies and procedures.

Closure of Customer Account

1. You may request that Zybi Tech Inc. closes your Customer Account at any time by contacting Zybi Tech Inc.'s customer support team. Contact details of the Zybi Tech Inc. customer support team are available on the Zybi Tech Inc. website.
2. Closure of your Customer Account will not cancel any cleared transactions which you have already under taken electronic funds via your Customer Account.
3. In the event we close a Customer Account, we will contact the relevant Customer to arrange for the refund of any residual electronic funds in that Customer Account.
4. You remain liable for all obligations related to your Customer Account for a period of one hundred and eighty (180) days after the closure. Closure of your Customer Account does not relieve you of any liability pertaining to your Customer Account during this period. In the event of a pending investigation at the time your Customer Account is closed, Zybi Tech Inc. may continue to hold your funds for up to one hundred and eighty (180) days from the date of closure in order to protect Zybi Tech Inc. against, without limitation, any risk of reversals.
5. Zybi Tech Inc. may, at any time and at its absolute and sole discretion, discontinue your use of the Customer Account or the Services or any part thereof. Zybi Tech Inc. shall endeavor to provide notice of any such discontinuation of your Customer Account or the Services. You agree that Zybi Tech Inc. shall not be liable to you in relation to any inability of yours to access your Customer Account or the Services or any part thereof.
6. Zybi Tech Inc. will refund any electronic funds which is in your Customer Account as soon as practicable after its closure through any payment method Zybi Tech Inc. deems in its discretion most suitable, on the condition that you provide Zybi Tech Inc. with either:
1. valid bank account details where the name and address details of that bank account's holder match the name and address details of your Customer Account; or
2. a copy of a valid form of ID (e.g. a passport or driving license), which Zybi Tech Inc. may accept at its sole discretion. Zybi Tech Inc. has the right not to return to you any disputed funds or any funds which relate to a breach of these Terms and Conditions until such time such a dispute has been resolved or where a court of a competent jurisdiction has decided on the matter.
7. Zybi Tech Inc. reserves the right to carry out any necessary money laundering, terrorism financing, fraud, or any other illegal activity checks before authorizing any withdrawal of your funds, including returning any funds to you after you have closed your Customer Account.

INACTIVE ACCOUNT

You agree and understand that your account is deemed Inactive if there will be no transaction or activity for a period of ONE (1) YEAR. Should you decided to reactivate your account, you need to contact Zybi Tech Inc. Customer Service for account update.

DORMANT ACCOUNT

You agree and understand that your account is deemed Dormant if there will be no transaction or activity for a period of ONE (1) YEAR. Dormant Account is subject to Dormancy Fee as set forth in Schedule A, which shall be charged automatically from any unclaimed balance in your account. Should you decided later on to reinstate your dormant account, you need to contact Zybi Tech Inc. Customer Service for account update.

AVAILABILITY OF SERVICES

Zybi Tech Inc. may, from time to time and without giving any reason or prior notice to you, upgrade, modify, suspend or discontinue the provision of, or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

CASHBACK

1. You may be entitled to receive cashback into your Customer Account through various incentive programs and/or promotional activities carried out in conjunction with Merchants and/or our Business Partners ("Cashback Funds").
2. Your use of Cashback Funds is subject to the following restrictions:
1. A minimum spend requirement, as may be imposed from time to time at Zybi Tech Inc.'s sole discretion; and
2. An expiry date for your use of the Cashback Funds, as may be notified to you from time to time.
3. Cashback Funds are non-refundable and cannot be cashed out from your Customer Account to your bank account.

PROMOTIONAL ACTIVITIES

Promotional Campaigns

If you participate in any of our promotional campaigns, you are deemed to have also acknowledged and agreed to the terms and conditions of the respective campaign as published online.

Promotional material and marketing

You consent to and authorize our use of any information provided by you (including Personal Data) for the purposes of sending information and promotional notifications to via e-mails, phone-calls, SMS, social networks, push notifications, in-app notifications, and communication apps.

Advertising

We may attach banners, java applets and/or such other material to the Platform for the purposes of advertising Zybi Tech's or our Business Partner's products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.

REPRESENTATIONS AND WARRANTIES

By accepting these Terms and Conditions, you represent and warrant that you are not violating any applicable laws or regulations through your use of the Platform, your Customer Account and/or the Services, and you agree to defend, indemnify and hold Zybi Tech Inc., its Indemnitees, affiliates and authorized representatives harmless from any claim, demand (including legal fees and costs), fines, penalties or other liability incurred by Zybi Tech Inc. due to or arising out of your breach of this representation and warranty. Zybi Tech Inc. may report any suspicious activity to the relevant authorities.

INTELLECTUAL PROPERTY

Ownership

The Intellectual Property in and to the Platform and the Zybi Tech Inc. Materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce our Intellectual Property rights to the fullest extent of the law.

Restricted use

No part or parts of the Platform, or the Zybi Tech Inc. Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any server, system or equipment without our prior written permission of the relevant copyright owners. Permission will only be granted to you to download, print, or use Zybi Tech Inc. Materials for personal and non-commercial uses, provided that you do not modify the Zybi Tech Inc. Materials and that we or the relevant copyright owners retain all copyright and other proprietary rights contained in the Zybi Tech Inc. Materials.

Trademarks

Nothing on the Platform and in these Terms and Conditions shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including, as a meta tag or as a 'hot' link to any other website) any trademarks displayed on the Zybi Tech Inc. website and Platform, without our written permission (or that of any other applicable trademark owner, as may be relevant).

Submissions by you

You grant us a non-exclusive license to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to questions, reviews, comments, and suggestions. When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any submissions you make. We may at our sole discretion publish, remove or edit your

COOKIES

1. A cookie is a small piece of information that is placed on your computer which may track your activity within the Platform.
2. We use cookies for the following purposes:
1. enabling certain features and functions on the Platform, including but not limited to remembering your username, browsing preferences, and other Service preferences;
2. building up a profile of how you and other users use the Zybi Tech Inc. website;
3. improving the efficiency of the Platform;
4. administering Services to you and to our advertisers; and
5. establishing usage statistics on the Platform.

Most internet browsers provide you the option of turning off the processing of cookies. You may turn off cookies while browsing the Platform, but this may result in the loss of functionality, restrict your use of the Platform and/or delay or affect the way in which it operates.

DISCLAIMER AND LIMITATION OF LIABILITY

Disclaimer

Zybi Tech Inc. does not have control of any items you may purchase online using the Services and cannot guarantee that online transactions will be completed by the other party. Zybi Tech Inc. disclaims all liability for any goods or services offered for sale by its Merchants and will not be responsible for the delivery or the condition of any goods or services purchased from third parties.

Identity Authentication

If you wish to buy or sell digital currency through the exchange provided by the Services, you authorize the JuanExchange Platform, directly or through third parties, to make any inquiries we consider necessary to validate your identity.

No representations or warranties

The Services, the Platform and the Zybi Tech Inc. Materials are provided on an 'as is' and 'as available' basis. All data and/or information contained in the Platform, the Services or the Zybi Tech Inc. Materials are provided for informational purposes only. No representations or warranties of any kind, whether implied, express or statutory, including the warranties of non-infringement of third- party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform, the Services or the Zybi Tech Inc. Materials. Without prejudice to the generality of the foregoing, we do not warrant:

1. The accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or the Zybi Tech Inc. Materials;
2. That the Platform, the Services or that any of the Zybi Tech Inc. Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
3. That the Platform, the Services or the Zybi Tech Inc. Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
4. The security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the internet.

Exclusion of liability

Zybi Tech Inc. and its Indemnitees shall not be liable to you for any loss, cost, expense (including legal fees and expenses), damage, penalties or settlement sums whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

1. Any access, use and/or inability to use the Platform or the Services;
2. Reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
3. Any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and iv. any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

At your own risk

Any misunderstanding, error, damage, expense or loss resulting from the use of the Platform is entirely at your own risk.

TERMINATION OF SERVICES

Termination by us

In our sole and absolute discretion, we may, upon giving you notice at our earliest opportunity, terminate your use of the Platform, Services and/or disable your username and password with immediate effect. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever at our sole discretion, including a breach of any of these Terms and Conditions or where if we believe that you have violated any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the Services.

Termination by you

You may terminate your use of the Services by giving no less than seven (7) days' notice in writing to us. Upon receipt of your termination notice, we will regard your notice as a formal request to us to close your Customer Account and the account closure process shall be in accordance with the provisions set out in this Terms and Conditions.

NOTICES

Notices from us

You agree that all notices or other communications from us are deemed to have been given to you if:

1. communicated through any print or electronic media as we may select from time to time, will be deemed to be notified to you on the date of publication or broadcast; or B. sent by post or left at your last known address, received by you on the day following such posting or on the day when it was so left.

Notices from you

You may only give notice to us in writing sent to our designated address or e-mail address (as may be amended from time to time), and we shall be deemed to have received such notice only upon receipt. While we endeavor to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.

Other modes of notifications

Notwithstanding Clauses 12.1 and 12.2, we may from time to time designate other acceptable modes of giving notice (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

GENERAL TERMS

Cumulative rights and remedies

Unless otherwise provided under these Terms and Conditions, the provisions of these Terms and Conditions and our rights and remedies under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms and Conditions, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms and Conditions or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy at law or in equity.

No waiver

Our failure to enforce these Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect our right to later enforce these Terms and Conditions.

Severability

If at any time any provision of these Terms and Conditions become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms and Conditions.

Governing law

Use of the Platform, the Services, and these Terms and Conditions shall be governed by and construed in accordance with Philippine law and you hereby submit to the exclusive jurisdiction of the Philippine courts.

Venue of Litigation

Venue of all suits shall exclusively be at Pasay City only to the exclusion of all other courts.

Injunctive relief

We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is an appropriate or adequate remedy.

Amendments

We may, by notice through the Platform, or by such other method of notification as we may designate (which may include notification by way of e-mail), vary these Terms and Conditions, such variation to take effect on the date we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate your use of the Services. Our right to vary these Terms and Conditions in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to these Terms and Conditions.

Correction of errors

Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.

Language

In the event that these Terms and Conditions is executed or translated in any language other than English ("Foreign Language Version"), the English language version of these Terms and Conditions shall govern and shall take precedence over the Foreign Language Version.

Entire agreement

These Terms and Conditions shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

Binding and conclusive

You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us and/or our service providers relating to or in connection with the Platform and/or Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

Sub-contracting and delegation

We reserve the right to delegate or sub-contract the performance of any of our functions or obligations in connection with the Platform and/or Services to any service provider, subcontractor and/or agent on such terms as we may deem appropriate.

Assignment

You may not assign your rights under these Terms and Conditions without our prior written consent. We may assign our rights under these Terms and Conditions to any third party at our sole discretion.

Force Majeure

We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms and Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform and/or Services' contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.

Customer Complaints

We value what are customers think about our products and services. For any feedback or concerns, we can be reached through the following:

• juancash_support@zybitech.com
• (02) 8891-8080 local 801-804