Paymonade sp. z o.o Terms of Use v 1.
Effective on: 31 July 2023
Welcome to Paymonade! We appreciate your interest in our services and are committed to creating an efficient, reliable, secure platform for your Digital Assets Transactions.
1. About this Agreement
1.1 These Terms of Use (“Agreement”) are designed to ensure transparency and set clear expectations for our relationship with you. Please read them carefully as they govern your use of the Services provided by Paymonade. This Agreement is between you (“User”) and Paymonade (“Paymonade”, “us”, “we”, or “our”).
1.2 By accessing and using our Services, including but not limited to the use of our Website https://www.paymonade.tech, you confirm your acceptance and agreement to be bound by the terms and conditions of this Agreement, including the additional documents referred to herein. If you do not agree with any provision of this Agreement, please refrain from using our Services.
1.3 Any additional terms and conditions required for specific Services will be communicated to you at the appropriate time. You agree to the other terms and conditions by using such Services.
1.4 We recommend you keep a copy of this Agreement for your records. Please note that your acceptance of this Agreement is required to use our Services.
2. Definitions and Interpretations
2.1 In this Agreement, the terms listed below shall have the following meanings:
2.1.1 “Accepted Payment Methods” refers to the available modes of Fiat Currency transactions such as Visa and Mastercard card payments, SEPA transfers, other types of wire transfers and other forms of electronic payment.
2.1.2 “Chargeback” refers to the reversal of a transaction, typically a credit card or a debit card transaction, resulting from a User’s dispute of that transaction.
2.1.4 “Digital Wallet” refers to a secured digital facility in which Digital Assets are held and can be used to receive, store, or send Digital Assets.
2.1.5 “Exchange Rate” refers to the rate at which one currency (either Fiat Currency or Digital Asset) can be exchanged for another via the Paymonade platform.
2.1.6 “Fiat Currency” refers to a government-issued currency not backed by a physical commodity, like gold or silver, but instead by individuals’ and governments’ trust that parties will accept that currency. In the context of this Agreement, Fiat Currency pertains to the cash that the User utilises to buy or sell Digital Assets on the Paymonade platform.
2.1.7 “Fiat-Crypto On/Off Ramp Service” pertains to the Service that enables Users to buy and sell Digital Assets using Fiat Currencies.
2.1.8 “Intellectual Property” refers to all patents, copyrights, moral rights, trademarks, trade secrets, designs, database rights, service marks, logos, domain names, business names, trade names, and all other forms of intellectual property rights anywhere in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include confidentiality and trade secrets, design rights, know-how, and database rights).
2.1.9 “KYC Procedures” outlines the identity verification and authentication measures required to comply with regulatory standards for registering and using our Services.
2.1.10 “Order” refers to the instruction given by the User to Paymonade to initiate a Transaction.
2.1.11 “Partner Sites” refers to Partner’s mobile applications and websites
2.1.12 “Partner” refers to third-party firms who refer you to Paymonade in order to purchase and/or sell Digital Assets.
2.1.13 “Payment Channel Providers” refers to regulated entities partnered with Paymonade to facilitate Fiat Currency Transactions on the platform, enabling the purchase or sale of Digital Assets.
2.1.14 “Payment Instrument” is any personalised device(s) or set of procedures agreed upon between the payment service user and the payment service provider and used by the payment service User in order to initiate a payment order. In the context of this Agreement, Payment Instruments can refer to credit cards, debit cards, bank transfers, and other forms of electronic payment.
2.1.15 “Service Fees” denote the charges applied by Paymonade for the use of our Services, which may fluctuate based on transaction type and volume.
2.1.16 “Services” encapsulates the Fiat-Crypto On/Off Ramp Service provided by Paymonade, facilitating the purchase and sale of Digital Assets using Fiat Currency.
2.1.17 Paymonade sp. z o.o, is a private limited liability company incorporated under the laws of Poland with its registered at Rondo ONZ 1, 00-124 Warsaw. Our National Court Register (Krajowy Rejestr Sądowy or KRS) number is 0001030787, and our Tax Identification Number (Numer Identyfikacji Podatkowej or NIP) is 5252952346. We are registered as a Virtual Asset Service Provider. You can check our permissions in the VASP Register (Rejestr działalności w zakresie walut wirtualnych) by finding our name or registration number (Numer w rejestrze) that is 5252952326.
2.1.18 “Transaction Fees” refer to the charges applicable to a User for performing a Transaction on the Paymonade platform. These fees vary based on the type and volume of the Transaction.
2.1.19 “Transaction” refers to an operation conducted by a User on the Paymonade platform involving the buying or selling of Digital Assets using Fiat Currency or other Digital Assets.
2.1.20 “User Account” refers to the registered account that a User creates on the Paymonade platform. This User Account provides Users with access to the Services, subject to the completion of the User Onboarding process and compliance with Verification and KYC Procedures. The User Account contains personal data and transactional information related to the User.
2.1.21 “User Onboarding” refers to the registration process provided by Paymonade, which includes the completion of Know Your Customer (KYC) Procedures.
2.1.22 “User” refers to any person registered on our platform to access and use our Services.
2.1.23 “Virtual Assets” refers to the virtual currencies which use cryptography for security, are decentralised, and are typically based on blockchain technology, such as Bitcoin and others.
2.2 All other terms shall have the meaning assigned to them in the context of this Agreement.
2.3 Unless otherwise specified, in this Agreement:
2.3.1 References to any gender include all genders.
2.3.2 References to persons include individuals, corporations, and any other legal entities.
2.3.3 Headings are for convenience only and do not affect the interpretation of this Agreement.
2.3.4 Any reference to a statutory provision includes it as amended, re-enacted, or replaced from time to time.
3. Scope of Services
3.1 Paymonade agrees to provide the Services, including but not limited to the Fiat-Crypto On/Off ramp Service, as set out in this Agreement
3.2 To be eligible to use any of the Paymonade Services, you must:
3.2.1 Be at least 18 years (if you are an individual);
3.2.2 Have sufficient capacity to enter into legally binding agreements;
3.2.3 Reside in a country where Paymonade Services are accessible.
3.3 The User acknowledges that the provision of Services by Paymonade is dependent upon the necessary technological infrastructure, regulatory permissions, and operational capacity.
3.2 Paymonade reserves the right, at its sole discretion, to modify, suspend, or discontinue any or all of the Services without prior notice. However, Paymonade will endeavour to notify the User of any significant changes or disruptions to the Services where feasible.
3.4 Additional information regarding the Services, their use, and limitations will be communicated to the User from time to time.
3.5 Paymonade reserves the right to immediately suspend your User Account and provision of the Services. Paymonade can freeze or lock the Digital Assets and Payment Channel Provider, may freeze or lock any Fiat Currency, including but not limited to situations where Paymonade or Payment Channel Provider suspects you to be in violation of this Agreement, our Privacy Notice, or any applicable laws and regulations.
4. User Onboarding Process
4.1. Paymonade conducts KYC Procedures to fulfil its legal obligations, including but not limited to Anti-Money (AML) and Counter-Terrorism Financing (CTF) requirements.
4.2. To utilise our Services, the User must successfully complete our User Onboarding process, which includes compliance with KYC Procedures. The User acknowledges that failure to meet these requirements will result in the refusal to be provided the Services by Paymonade.
4.3. Paymonade is dedicated to safeguarding User data collected during the onboarding process. The collection, usage, and protection of User data will be in accordance with relevant data protection legislation and Paymonade’s Privacy Notice. We encourage Users to review our Privacy Notice for a more detailed understanding of our data practices.
5. User Obligations
5.1. Users are responsible for providing accurate, complete, and current information during the User Onboarding process and throughout their use of the Services. Users warrant that all information provided, including personal identification documents, contact details, and any other requested information, is true, reliable, and up-to-date. Users agree to promptly update their information if any changes occur. This obligation applies equally when Paymonade requests additional information.
5.2. Users may be required to verify that the specified Digital Wallet for transmitting or receiving Digital Assets is owned and registered in their name.
5.3. Users commit to utilising the Services in compliance with all applicable laws, regulations, and guidelines of their jurisdiction. This includes but is not limited to, laws related to AML, CTF, other financial crime prevention measures, and tax laws. Users acknowledge that they bear sole responsibility for understanding and adhering to the legal requirements relevant to their use of the Services.
5.4. You are responsible for determining whether and to what extent any taxes, including but not limited to income tax, goods and services tax, VAT, or other applicable taxes, apply to any transactions associated with the Services provided by Paymonade. You are responsible for withholding, collecting, reporting, and remitting the correct amounts of taxes to the appropriate tax authorities.
5.5. Users bear responsibility for maintaining the security and confidentiality of their User Account even when the User is able to access the Services through a Partner Site. That includes but is not limited to the following
5.5.1 Monitoring your User Account and reading all messages that have been sent to you. If you suspect that any aspect of your User Account has been compromised, you must contact Paymonade immediately and change your Partner Site password or your User Account password (if applicable).
5.5.2 Ensuring that your registered email account(s) are secure. Should any of your registered email addresses be compromised, you should immediately contact Paymonade and your email service provider.
5.6. Users must refrain from granting access to the Services to unauthorised individuals. You agree to promptly notify Paymonade of any unauthorised access or suspected security breaches related to your User Account.
5.7 Users must refrain from using an anonymising proxy; use any other automatic devices, spiders or manual process to copy or monitor our websites without our prior written permission;
5.8. You will not harass and/or threaten our employees, agents, or other Users.
5.9. Users agree to cooperate with Paymonade in any investigations or inquiries related to their User Account. This includes but is not limited to identity verification, transaction monitoring, and actions performed by Paymonade in compliance with applicable laws and regulations. Users understand that Paymonade may request additional documentation or information to ensure compliance and mitigate potential risks associated with financial crimes.
5.10. If a User opts for an Accepted Payment Method that allows for Chargebacks, such as a credit card, the User agrees to exercise this Chargeback right exclusively in circumstances where Paymonade has violated this Agreement or there has been unauthorised use of the User’s Payment Instrument. Users understand that Paymonade is not liable for any mistakes or errors on their part concerning chargebacks.
5.11. When using the Services, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risks of the Transaction and the underlying Digital Assets. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your own evaluation of the merits and risks of any Transaction or any underlying Digital Asset.
5.12. You represent and warrant that you have not been subjected to any trade embargoes or economic sanctions or included on any sanction lists, such as the list of specially designated nationals maintained by the Office of Foreign Assets Control of The U.S. Department of The Treasury or any other sanction lists applicable in the European Union and/or the Republic of Poland. Furthermore, you affirm that you have no connections, whether through income, business affiliations, employment relationships, or otherwise, with any sanctioned organisation or jurisdiction.
6. Payment Channels and Accepted Payment Methods
6.1. Paymonade offers a variety of Accepted Payment Methods through affiliations with third-party Payment Channel Providers. Users can select from the Accepted Payment Methods available to the User.
6.2. The availability of a particular Accepted Payment Method might fluctuate based on the User’s jurisdiction and other factors. While Paymonade aims to facilitate various Accepted Payment Methods, the availability of these methods cannot be guaranteed and may vary due to factors outside Paymonade’s control.
6.3. Paymonade retains the authority to alter or cease the provision of any Accepted Payment Methods at its sole discretion without prior notification. In such circumstances, Paymonade will endeavour to notify Users as soon as possible and provide alternative payment options, if available.
6.4. Users understand that access to specific Accepted Payment Methods may be subject to the terms and conditions of the respective Payment Channel Provider.
6.5. Users are accountable for ensuring that any Payment Instrument utilised for a Transaction is registered in their name if this is explicitly required.
7. Purchase and Sale of Digital Assets
7.1. Users will be able to buy and sell Digital Assets from and to us, through our platform and through Partner Sites subject to the Transaction Fees and limits displayed during the purchase and sale flow.
7.2. Acceptance by us of an Order does not guarantee that you will receive the corresponding amount of Digital Assets or Fiat Currency. The Digital Asset Order depends upon the actual receipt by us of the funds from your Payment Instrument, as well as payment of any applicable Transaction Fees.
7.3. Subject to the limitations provided in this Clause and the Order being honoured by the User’s Payment Instrument provider or another relevant party, Digital Asset purchases shall be credited to such Digital Wallet, as provided by the User at the time of the Order, as soon as possible once the Digital Asset purchase has been confirmed by the distributed ledger network. Once submitted to a distributed ledger network, a Digital Asset purchase will be unconfirmed for a period of time pending sufficient confirmation of the Order by the distributed ledger network. Digital Asset Orders that are in a pending state will not be credited to the Digital Wallet.
7.4. Paymonade will use good faith efforts to fulfil Orders at the time that you place such Orders, including the applicable Transaction Fee and costs. However, from time to time, it may be necessary for Paymonade to delay the fulfilment of an Order until such time as we are able to execute the Order.
7.5. Paymonade does not have any control over transaction times for the distributed ledger network, and there may be instances where transaction times may be significantly delayed due to the capacity and activity of the respective network. As a result, Paymonade cannot guarantee the transaction time and is not liable for any delays caused by the distributed ledger network.
7.6. Once an Order has been dispatched to the Digital Wallet, it cannot be recalled or retrieved under any circumstances.
7.7. You hereby agree that upon delivery of Digital Assets to your Digital Wallet or Fiat Currency to your Payment Instrument, Paymonade’s obligations towards you will be absolutely discharged. You shall have no claim or right against Paymonade upon such delivery.
7.8. Please note that
7.8.1. Digital Assets Transfers are irreversible. It is your sole responsibility to guard against fraud or error and to maintain the security of your private key. Paymonade will not take responsibility for issuing refunds, regardless of whether you were a victim of fraud, error or loss of a private key.
7.8.2. Once an Order has been placed, it cannot be cancelled or recalled.
7.8.3. All Orders are final and cannot be refunded
7.8.4. Paymonade or any Payment Channel Provider may, at their sole discretion, refuse to execute any Order or initiate or finalise any Transaction for the following reasons: (a) if executing the Order or initiating or finalising the Transaction would result in non-compliance with applicable laws, regulations, or internal policies of Paymonade or the Payment Channel Provider, including but not limited to AML and CTF laws, and sanctions lists; (b) if executing the Order or initiating or finalising the Transaction would pose an unacceptable risk to Paymonade or the Payment Channel Provider, such as credit risk, reputational risk, or operational risk; (c)if there are not enough funds to cover the Transaction and any applicable Transaction Fees; (d) Paymonade or the Payment Channel Provider may also refuse to execute an order or initiate or finalise a Transaction for any other reason at their discretion, as long as such refusal is in accordance with applicable laws and regulations. In such cases, Paymonade or the Payment Channel Provider will inform the User of the refusal unless such disclosure is prohibited by applicable laws and/or regulations.
8. Fees, Exchange Rates and other charges
8.1. Users are responsible for paying the fees associated with the use of the Services. The Transaction Fees are determined based on the specific Transaction type, such as buying or selling Digital Assets, and are displayed prior to the completion of the Transaction. Users agree to pay the Transaction Fees in the applicable Fiat Currency as specified by Paymonade.
8.2. Users acknowledge that the exchange rate for converting Fiat Currency into Digital Assets or vice versa fluctuates. The Exchange Rate and amount of the Digital Assets that you wish to buy or sell will be confirmed at the time that you place an Order with us.
8.3. Paymonade reserves the right to pursue any financial losses suffered due to your filing of a Chargeback procedure with your Payment Instrument provider. These can include administrative fees levied by the Payment Channel Providers and card schemes such as Visa and Mastercard, as well as the monetary value of the Digital Assets.
9. Intellectual Property
9.1 Paymonade retains all rights, title, and interest in the works, signs, trademarks, and other Intellectual property made available to the User to the extent necessary for the provision of the Services. Users acknowledge that Paymonade’s intellectual property rights are protected by law.
9.2 Users are granted the right to use the works made available on the Website for lawful private purposes. This includes accessing and viewing the content on the Website solely for personal and non-commercial use. Users are prohibited from reproducing, distributing, modifying, or creating derivative works of the works without prior written permission from Paymonade.
9.3 Users agree to respect and not infringe upon Paymonade’s Intellectual Property Rights. Users must not remove, obscure, or alter any notice of Paymonade’s trademarks or other intellectual property appearing on the Website or within the Services. Users are also prohibited from reverse engineering, disassembling, or decompiling any software included in the Services or applying any other process to derive the source code without prior written permission from Paymonade.
10. Liability and Indemnification
10.1. Paymonade, its affiliates, directors, employees, or agents, shall not be liable for any loss or damage sustained by you as a direct or indirect result of the provision by Paymonade of its Services, save for:
10.1.1. Any intentional damages caused by Paymonade.
10.1.2. Damage resulted from fraud, fraudulent misrepresentation, or fraudulent misstatement ;
10.1.3. Death or personal injury;
10.1.4. Any statutory liability not capable of limitation.
10.2. In no event shall Paymonade, its affiliates, or service providers, including their respective officers, be liable for an amount greater than PLN 15000 or the actual loss, whichever is lesser, arising out of the use of the Services or any other product, service, or item provided by Paymonade, its affiliates or Partner.
10.3. Paymonade makes no warranties about the availability of its Services and assumes no liability for any damages or interruptions caused by elements outside of its control.
10.4. Paymonade disclaims all liability associated with the use of Digital Assets, including but not limited to unknown inherent technical defects, regulatory or legislative changes, and currency fluctuation.
10.5. Paymonade is not responsible for any damages or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment.
10.6. If Services are accessed through a Partner Site, the Partner’s terms of service and privacy policy apply alongside this Agreement. Paymonade is not liable for any loss or damage caused by actions of or disputes with the Partner.
10.7. Paymonade shall not be liable for delays, failure in performance or interruption of Service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control.
10.8. Paymonade shall not be liable to you for any permanent or temporary modification, suspension or termination of your User Account or suspension or termination of your access to all or any portion of the Services.
10.9. Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the Services and Website.
10.10. Users are responsible for ensuring compliance with laws of their jurisdiction and indemnify Paymonade, its affiliates, directors, employees, or agents from any losses that arise due to non-compliance. The User agrees to indemnify and hold Paymonade, its affiliates, and any other related or third parties involved with Paymonade harmless from and against all losses, damages, liabilities, claims, demands, actions, or other proceedings arising from:
10.11. Fraud, negligence, or wilful misconduct by the User in the use of the Services;
10.12. Violation of applicable laws in the use of the Services and/or in the conduct of the User’s business;
10.13. Breach of the User’s obligations under this Agreement, including penalties, fines, charges, or any other actions resulting from a breach or violation by the User;
10.14. In the event that Paymonade incurs any losses, damages, liabilities, claims, demands, actions, or other proceedings covered by the User’s indemnification obligations as set forth in this Agreement, Paymonade reserves the right to seek indemnification from the User. The User agrees to promptly reimburse Paymonade for any such losses or expenses incurred.
10.15.In the event that Paymonade seeks indemnification from the User, Paymonade shall provide the User with prompt written notice of the claim or action for which indemnification is sought. The User shall have the right to participate in the defence of any such claim or action with counsel of their own choosing, at their own expense. However, Paymonade shall have the right to control the defence and settlement of any such claim or action.
11. Risk Disclosures
11.1. Digital Assets carry a high level of risk. Due to the nature of Digital Assets, there is an inherent risk that losses will occur as a result of the purchase, sale, and ownership of Digital Assets. If you do not understand the risks involved, you should not purchase Digital Assets.
11.2. You acknowledge that the price or value of Digital Assets can change rapidly, increase or decrease unexpectedly, and potentially fall to zero.
11.3. Transactions in Digital Assets may be irreversible, and accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
11.4. Digital Assets are not legal tender and are not backed by any government. Also, the legislative and regulatory landscape around Digital Assets is constantly changing and may affect your ability to use, transfer, or exchange your Digital Assets.
11.5. Our Services are not covered by the Bank Guarantee Fund (Bankowy Fundusz Gwarancyjny), the Polish Deposit Guarantee Scheme or any other guarantee scheme.
12. Disclaimer
12.1. Paymonade is neither your broker, intermediary, agent, nor advisor. We do not possess any fiduciary duty or obligation to you concerning the execution of Transactions or any decisions you make or actions you take in the course of using our Services.
12.2. Any communication or data shared with you by Paymonade should not be considered or construed as investment, financial, or trading advice.
12.3. You bear exclusive responsibility for evaluating whether any Transaction is suitable for you based on your personal goals, financial situation, and risk tolerance. Furthermore, any losses or liabilities resulting from your decisions remain solely your responsibility. We encourage you to consult legal or tax professionals tailored to your unique circumstances.
12.4. Paymonade does not endorse any particular Digital Asset to be bought, earned, sold, or held by you. Before deciding to buy, sell or hold any Digital Asset, we recommend you conduct thorough due diligence and consult with your financial advisors.
13. Amendments and Termination
13.1. Paymonade may modify the terms of this Agreement from time to time. If we make changes, we will notify you by revising the page and changing the “Effective on” at the top of the Agreement, and, in some cases, we may provide you with additional notice (such as sending you an email). The User is encouraged to review the Agreement periodically to stay informed about our practices.
13.2. By continuing to use Services after an updated version of the Agreement is released, you are agreeing to abide by it.
13.3. This Agreement will continue to apply until terminated by either you or Paymonade as set forth below. If you want to terminate your legal Agreement with Paymonade, you may do so by (a) notifying Paymonade at any time and (b) closing your User Account for all of the Services which you use. We may terminate this Agreement at any time based on our sole discretion.
13.4. All Transactions initiated prior will be executed in accordance with this Agreement.
14. Notices
14.1. All notices and communications pursuant to or in connection with this Agreement must be in English and in writing.
14.2. All notices and communications to Paymonade shall be delivered and/or sent to the following address:
14.2.1. Address: Rondo ONZ 1, 00-124 Warsaw
14.2.2. Email: support@paymonade.tech
14.3. Paymonade may also provide an alternative address within Poland for notice delivery, which will be notified to the User occasionally.
14.4. All notices and communications to the User shall be delivered or sent to the postal address or email address provided by the User in connection with this Agreement.
15. Data Protection
15.1. Paymonade is committed to protecting the personal information of its Users and will process personal data under applicable data protection laws and regulations, including the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the “Regulation”).
15.2. Use and Storage of Personal Data: Paymonade will process User’s personal data to perform the Agreement properly per Paymonade’s Privacy Notice .
15.3. Paymonade will not transmit Users’ personal data to other entities without the User’s unless this possibility is provided in the Privacy Notice, the User consents to it, or it is required by law. In any case, any data transfers will be conducted in accordance with applicable data protection laws.
16. Complaints
16.1. If you have any complaints regarding the Services, please contact our dedicated support team at support@paymonade.tech. We are committed to addressing and resolving any complaints in a timely and fair manner.
16.2. Upon receiving a complaint, Paymonade will conduct an independent investigation and provide a written response to the complainant. We aim to respond to complaints within thirty (30) days of receipt of the written complaint with our final response.
16.3. Complaints will be reviewed on a first-come, first-considered basis, and we Suppose a complaint does not include all necessary information. In that case, we may request the complainant to supplement the required data, and the thirty (30) day period will commence upon receipt of the supplemented complaint. In some instances, where reasonable, we may extend the complaint handling period by an additional fourteen (14) days, which will be communicated to the complainant.
16.4. We will notify the complainant of how the complaint has been handled in the same manner in which the complaint was lodged.
17. Governing Law and Dispute Resolution
17.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of the Republic of Poland.
17.2. In the event of any dispute arising out of or in connection with this Agreement, the parties agree to first attempt to resolve the dispute amicably through mediation. The mediation shall be conducted in accordance with the rules and procedures agreed upon by the parties or, in the absence of such agreement, under the rules of a recognised mediation institution.
17.3. If the dispute is not resolved through mediation within a reasonable period of time, either party may initiate arbitration by submitting a Notice of Arbitration to the other party. The Notice of Arbitration shall include a brief description of the dispute and the relief sought. This dispute shall be finally settled under the Arbitration Rules of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw in force on the date of commencement of the proceeding by an arbitrator or arbitrators appointed following the said Rules.
17.4. Within 10 days after the receipt of the Notice of Arbitration, the party receiving the Notice shall submit a Request for Arbitration to the Polish Chamber of Commerce in Warsaw.
17.5. Any notice required or permitted to be given under this arbitration clause shall be deemed effective when sent by registered mail, courier service, or email to the addresses provided by the parties.
17.6. You and we agree that any arbitration under this Agreement shall remain confidential. The existence of the arbitration, any non-public information provided during the arbitration, any submissions made, as well as any orders or awards (collectively, the “Confidential Information”), shall not be disclosed to any party other than those directly involved in the dispute unless required for the conduct of the arbitration. This includes, but is not limited to, the tribunal, Paymonade, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person(s) necessary for the conduct of the arbitration. However, Confidential Information may be disclosed if required to fulfil a legal obligation, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration initiated under this Agreement.
17.7. You and we agree that any claims relating to this Agreement or your relationship with Paymonade as a User of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of this Agreement) shall be brought against the other party in arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and Paymonade further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action to the extent permissible by applicable law. Consolidating individual arbitrations into a single arbitration is not allowed without the consent of all parties, including Paymonade.
17.8. The User, a consumer, may also have the right to take advantage of non-court complaint handling and claim management procedures. The information about such dispute procedures is available, among others, on the EU Internet ODR platform at http://ec.europa.eu/consumers/odr/.
18. Entire Agreement and Severability
18.1. This Agreement constitutes the entire understanding and agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings of the Parties (whether oral or written). The Agreement shall be construed according to their fair meaning and not strictly for or against either party.
18.2. If any provision, or any part thereof, of this Agreement, is determined invalid or unenforceable under applicable law, said provision would be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of said provision or the remaining provisions of this Agreement
18.3. If any provision of this Agreement is found to be invalid or unenforceable, the parties agree to negotiate in good faith to replace such provision with a valid and enforceable provision that achieves, to the extent possible, the original intent and economic effect of the invalid or unenforceable provision.