READ OUR TERMS CAREFULLY BEFORE USING OUR SERVICE.
1. The Dpayy LLC 1.1.
Dpayy ® is a trading name of Dpayy LLC, a company operating IT and
software related business. This payment wallet is to provide an easy to
use plateform for merchants & users.
2. Scope of these Terms of Use2.1.
These Terms of Use govern the opening, use and closure of your Dpayy
Account and other related payment services as referred to herein.
Together with any other terms and conditions referred to in these Terms
of Use, they constitute the agreement between you and us. For the use of
additional services you may have to accept additional terms and
conditions as notified to you when you are ordering or using such
services. You are advised to print or download and keep a copy of these
Terms of Use for future reference. You can always view the current Terms
of Use on our Website.
2.2. Depending on the type of Dpayy Account
you have, additional terms and conditions may apply as communicated to
you at the appropriate time. In the event of any conflict between the
additional terms and conditions and these Terms of Use, the former shall
come first.
3. Your Dpayy Account
3.1. Your Dpayy Account is an electronic money account which enables you to send and receive electronic payments.
3.2.
Your Dpayy Account is denominated in a currency of your choice, as
selected by you from the currencies Dpayy makes available from time to
time. This will remain the currency of your Dpayy Account for the
duration of your agreement with us.
3.3. Subject to section 7, the electronic money held on your Dpayy Account does not expire but it will not earn any interest.
3.4.
You have the right to withdraw funds from your Dpayy Account at any
time. However, you may be required to confirm your identity beforehand.
There is no minimum withdrawal amount but the funds on your Dpayy
Account must be sufficient to cover any applicable withdrawal fee. You
can choose the method of withdrawal when submitting your withdrawal
request.
3.5. Electronic money accounts are not bank accounts. By
accepting these Terms of Use you acknowledge that the UK’s Financial
Services Compensation Scheme (FSCS) does not apply to your Dpayy
Account. In the unlikely event that we become insolvent, you may lose
the electronic money held in your Dpayy Account. However, the European
Electronic Money Directive 2009/110/EC and UK national legislation apply
to us and these are designed to ensure the safety and liquidity of
funds deposited in electronic money accounts.
3.6. The electronic
money on a Dpayy Account belongs to the person or legal entity which is
registered as the Dpayy Account holder. No person other than the
Dpayy Account holder has any rights in relation to the funds held in a
Dpayy Account, except in cases of succession. You may not assign or
transfer your Dpayy Account to a third party or otherwise grant any
third party a legal or equitable interest over it.
3.7. Your Dpayy
Account may be subject to upload, payment and withdrawal limits,
depending on your country of residence, the verification status of your
Dpayy Account and other factors used by us to determine such limits
from time to time at our sole discretion.
4. Opening Your Dpayy Account
4.1.
In order to use our payment services you must first open a Dpayy
Account by registering your details on our Website. As part of the
signup process you will need to accept these Terms of Use and our
Privacy Notice and you must have legal capacity to accept the same. If
you order additional services, you may be asked to accept additional
terms and conditions.
4.2. If you are an individual, you must be 18
years or older to use our services and by opening a Dpayy Account you
declare that you are 18 years or older. This does not apply to products
for which we set a different age limit. We may require at any time that
you provide evidence of your age.
4.3. You may only open one Dpayy Account unless we explicitly approve the opening of additional accounts.
4.4.
You may only open a Dpayy Account if it is legal to do so in your
country of residence. By opening a Dpayy Account you represent and
warrant to us that your opening of a Dpayy Account does not violate any
laws or regulations applicable to you. You shall pay us the amount of
any losses we incur in connection with your breach of this section.
4.5.
All information you provide during the signup process or any time
thereafter must be accurate and truthful. If you do not provide such
information or cooperate as instructed by us within six (6) months of
opening your Dpayy Account or within such other deadline as we may
notify to you at any time thereafter we may charge you an administration
fee as displayed in the "Fees" section of the Website.
4.6. You may
only add Payment Methods to your Dpayy Account if you are the named
holder of the account for that Payment Method. We take any violation of
this requirement very seriously and will treat any attempt to add a
Payment Method of which you are not the named holder as a fraudulent
act.
4.7. During signup you will be asked whether you intend to use
your Dpayy Account for private or commercial purposes. If you have any
intention to use your Dpayy Account for commercial purposes, you must
tell us, even if you use it also for private purposes. If you have
stated that you will use your Dpayy Account for private purposes only,
you must tell us immediately before, at any point in the future you use
it for commercial purposes by contacting Customer Service. You are using
your Dpayy Account for commercial purposes if you are receiving
payments for or in connection with any business activity. We reserve the
right to determine whether, in our reasonable opinion, you are using
your Dpayy Account for commercial purposes. If you are using your
Dpayy Account for commercial purposes, in addition to these Terms of
Use, you shall be bound by our Merchant Terms and Conditions. If you are
in any doubt about whether or not an activity amounts to a commercial
activity, you should contact Customer Service.
4.8. Within 14 days of
the date of opening your Dpayy Account, you may close your Dpayy
Account at no cost by contacting Customer Service, however, if you have
uploaded funds into your Dpayy Account, you may be required to provide
identification documents before being able to withdraw funds.
Transactions and fees for transactions undertaken before you close your
Dpayy Account (including those transactions that are not revocable and
have been initiated but not completed before closure of your Dpayy
Account) will not be refunded.
5. Maintaining Your Dpayy Account
5.1.
You must ensure that the information recorded on your Dpayy Account is
always accurate and up to date and we shall not be liable for any loss
arising out of your failure to do so. We may ask you at any time to
confirm the accuracy of your information or to provide documents or
other evidence.
5.2. We may contact you by e-mail or in other ways
described in section 18 with information or notices regarding your
Dpayy Account. It is your responsibility to regularly check the proper
functioning of your e¬mail account or other methods of communication
that you have registered with your Dpayy Account and to retrieve and
read messages relating to your Dpayy Account promptly. We shall not be
liable for any loss arising out of your failure to do so.
5.3. Fund
uploads, payments received, payments sent and fund withdrawals are
displayed in your online transactions history together with the date of
receipt or transmission (the debit value date), the fees charged and,
where applicable, any exchange rate used. Each transaction is given a
unique transaction ID and shown in the transaction history. We will not
alter or amend information displayed in your online transaction history.
You should quote this transaction ID when communicating with us about a
particular transaction. You should check your Dpayy Account balance
and transaction history regularly. You should report any irregularities
or clarify any questions you have as soon as possible by contacting
Customer Service.
5.4. We will send you an e-mail notification to the
e-mail address used when registering for your Dpayy Account (as
updated from time to time by you) every month reminding you to log into
your Dpayy Account and download and/or print a copy of your transaction
history.
5.5. Subject to the provisions of section 8 below and
without prejudice to the provisions of section 9.5(A), in order to claim
a refund for an unauthorised or incorrectly executed payment
transaction on your Dpayy Account you must notify us without undue
delay after becoming aware of the unauthorised or incorrect transaction
and in any event no later than thirteen (13) months after the debit date
of the transaction.
6. Keeping Your Dpayy Account Safe
6.1.
You must take all reasonable steps to keep your Dpayy Account password
and any other security features safe at all times and never disclose
them to anyone. Our personnel will never ask you to provide your
password to us or to a third party. Any message you receive or website
you visit that asks for your password or other security features, other
than the Dpayy Website or a Dpayy payment gateway on a merchant
website, should be reported to us. If you are in doubt whether a website
is genuine, you should contact Customer Service. It is advisable to
change your password regularly (at least every three (3) to six (6)
months) in order to reduce the risk of a security breach in relation to
your Dpayy Account. We also advise you not to choose a password that is
easily guessed from information someone might know or gather about you
or a password that has a meaning. Except as stated in section 9.A, you
must never allow anyone to access your Dpayy Account or watch you
accessing your Dpayy Account. You must comply with the security
procedures we tell you about from time to time.
6.2. If you have any
indication or suspicion of your Dpayy Account, login details, password
or other security feature being lost, stolen, misappropriated, used
without authorisation or otherwise compromised, you are advised to
change your password. You must contact Customer Service without undue
delay on becoming aware of any loss, theft, misappropriation or
unauthorised use of your Dpayy Account, login details, password or
other security features. Any undue delay in notifying us may not only
affect the security of your Dpayy Account but may result in you being
liable for any losses as a result where your failure to notify us is
intentional or grossly negligent. If you suspect that your Dpayy
Account was accessed by someone else, you should also contact the police
and report the incident.
6.3. We may suspend your Dpayy Account or
otherwise restrict its functionality on reasonable grounds relating to
the security of the Dpayy Account or any of its security features or if
we reasonably suspect that an unauthorised or fraudulent use of your
Dpayy Account has occurred or that any of its security features have
been compromised. We will notify you of any suspension or restriction
and of the reasons for such suspension or restriction in advance or,
where we are unable to do so, immediately after the suspension or
restriction has been imposed, unless notifying you would be unlawful or
compromise our reasonable security interests. We will lift the
suspension and/or the restriction as soon as practicable after the
reasons for the suspension and/or restriction have ceased to exist.
6.4.
If we think your Dpayy Account is at risk of fraud or a security
threat, we will use the fastest and most secure way of contacting you
using the details you have provided to tell you what you need to do to
help deal with that risk.
6.5. You must take all reasonable care to
ensure that your e-mail account(s) are secure and only accessed by you,
as your e-mail address may be used to reset passwords or to communicate
with you about the security of your Dpayy Account. In case any of the
e-mail addresses registered with your Dpayy Accounts are compromised,
you should without undue delay after becoming aware of this contact
Customer Service and also contact your e-mail service provider.
6.6.
Irrespective of whether you are using a public, a shared or your own
computer to access your Dpayy Account, you must always ensure that your
login details are not stored by the browser or cached or otherwise
recorded. You should never use any functionality that allows login
details or passwords to be stored by the computer you are using.
6.7.
Additional products or services you use may have additional security
requirements and you must familiarise yourself with those as notified to
you.
7. Closing Your Dpayy Account
7.1.
You may close your Dpayy Account at any time by contacting Customer
Service. Fees relating to ongoing management of inactive accounts will
also continue to be charged following closure of your Account. This
provision shall survive termination of the relationship between you and
us.
7.2. If your Dpayy Account holds a balance at the time of its
closure, we will ask you to withdraw your funds within a reasonable
period of time, during which your Dpayy Account will be accessible for
the purpose of withdrawing the remaining balance only. After the expiry
of this period you will not be able to access your Dpayy Account but
you may withdraw any remaining funds by contacting Customer Service and
requesting that the funds are sent to you in a manner that is reasonably
acceptable for us. If you want to access your transaction history after
the closure of your Dpayy Account, you will need to contact Customer
Service and request the information, You may do so for a period of six
years from the date of closure of your Dpayy Account but we suggest
that you withdraw your remaining funds as soon as possible as they will
not earn any interest while in your Dpayy Account. Your obligations
with regards to keeping your Dpayy Account safe as set forth in section
6 shall continue to apply.
7.3. We reserve the right to carry out
any necessary money laundering, terrorism financing, fraud or other
illegal activity checks before authorising any withdrawal of your funds,
including in relation to returning any funds to you after you have
closed your Dpayy Account.
8. Uploading Funds
8.1.
You can upload funds by visiting the Website, logging into your Dpayy
Account and following the relevant upload instructions. You may be
presented with a number of different upload methods, depending on which
Payment Methods you have added to your Dpayy Account and which Payment
Methods are available in your country of residence. Upload methods are
payment services provided by third party financial institutions (for
example, the issuer of the payment card you use to upload funds or third
party direct banking service providers) and are not part of our
service. We do not guarantee the use of any particular upload method
made available, and may make changes to or discontinue the acceptance of
any particular upload method at any time without following the
procedure set out in section 17. Notwithstanding section 8.7 below, we
shall not be responsible for the upload payment until the uploaded funds
are received by us.
8.2. You may be asked to answer security
questions or to complete other activities that we or the payment service
provider you use to upload funds to your Dpayy Account may reasonably
require to ensure proper authorisation of an upload transaction.
8.3.
If you choose to upload funds using a Payment Method that may be
subject to a right to claim funds back (a "Chargeback") such as (but not
limited to) credit or debit card or direct debit, you declare that you
will not exercise such Chargeback other than for unauthorised use of the
Payment Method or for a breach by us of these Terms of Use which would
result in you having a right to a refund of the uploaded amount.
Otherwise, you may not Chargeback any upload transaction or allow
Chargeback of any upload transaction for reasons for which we are not
responsible including (but not limited to) disputes with merchants for
non-delivery of goods or services or insufficient balance on the Payment
Method account. We reserve the right to charge you fees and expenses we
incur in connection with such Chargeback and any action undertaken to
challenge the same. We may also charge you a Chargeback fee as displayed
in the "Fees" section of the Website.
8.4. You may allow a merchant
that you wish to pay through us on a regular basis (e.g. for a
subscription service) to debit your Dpayy Account for each recurring
payment. In this case you authorise us to debit the Payment Method (e.g.
your credit card or bank account) which you used to make the original
payment also for each subsequent payment. In order to cancel recurring
payments for the future, you should (a) contact us and (b) notify the
merchant from which you have purchased the goods or services that you
have cancelled the recurring payment. You should not cancel or otherwise
reverse such recurring transactions by simply contacting the issuer /
account provider of the Payment Method (e.g. your credit card provider
or bank) without following the cancellation steps mentioned in this
section 8.4. Subject to section 8.5, we will not be liable for any
recurring payment(s) that are made before you have notified us of the
cancellation and if your Dpayy Account balance goes into negative
balance as a result of such payment(s), you will be liable to repay such
amount to us.
8.5. We will refund any past recurring payment(s)
initiated by or through the merchant provided that (a) the original
authorisation given to us or the merchant did not specify the exact
amount of the payment and (b) the amount of the payment exceeded the
amount that you could reasonably have expected taking into account your
previous spending pattern and the circumstances of the case. You must
request such a refund within eight weeks from the date the funds were
debited from your Dpayy Account. You agree to provide us with such
information as is reasonably necessary to ascertain whether the
conditions for a refund described in this section 8.5 are satisfied.
Within ten (10) Business Days of receiving a request for a refund or,
where applicable, of receiving any further information we requested from
you, we will either refund the full amount of the payment or provide
you with justification for refusing to refund the payment indicating
that you have a right to refer the matter to the Financial Ombudsman
Service (details in section 21) if you do not accept the justification
provided.
8.6. If a chargeback or reversal of an upload transaction
results in a negative balance in your Dpayy Account, you will be
required to repay such negative balance by uploading sufficient funds
into your Dpayy Account. Failure to do so is a breach of these Terms of
Use. Repayment of the negative balance is due immediately without
notice. We reserve the right, at any time, to send you reminders or to
take other debt collection measures including but not limited to
mandating a debt collection agency or solicitors or to pursue the claim
in court. We reserve the right to charge you the expenses we reasonably
incur in connection with any debt collection or enforcement efforts.
8.7.
Uploaded funds will be credited to your Dpayy Account after the funds
have been received by us. Some upload transactions, such as those by
credit or debit card, direct debit or direct banking will be credited to
your Dpayy Account immediately, but are subject to reversal if the
actual funds do not reach us within a reasonable time in which case we
will deduct such reversed transaction from the balance of your Dpayy
Account. If your Dpayy Account balance is insufficient, we reserve the
right to require repayment from you.
8.8. For the purposes of an
upload transaction through a Payment Method, we are an e-money issuer
and will issue e-money in exchange for the uploaded funds. We will not
be acting as a payment service provider when receiving such funds.
8.9.
You must not make an upload through a Payment Method if you are not the
named holder of that Payment Method. We take any violation of this
requirement very seriously and will treat any attempt to use a Payment
Method of which you are not the named holder as a fraudulent act.
8.10.
Uploads may be subject to upload limits due to security and legal
requirements. These limits are set dynamically depending on your
verification status and the upload method you want to use. You should be
aware that depending on your verification status your upload limits may
be higher than your withdrawal or spending limits. You can view these
limits at any time in the relevant section of your Dpayy Account
profile.
8.11. Uploads are subject to fees including currency conversion fees (if applicable). Please see section 13 for details.
8.12.
You must not make an upload using cash. Without prejudice to claiming
further damages, if we are required to take any action on your Dpayy
Account as a result of you making a cash upload, we may charge an
administration fee as displayed in the "Fees" section of the Website.
9. Sending Payments
9.1.
To send a payment you are required to authorise the payment with your
login details and password. We may also ask you additional security
questions relating to you or your Dpayy Account. If your Dpayy Account
is protected by additional security measures such as password tokens,
you need to follow the instructions provided to you with such additional
security measures. If your Dpayy Account is enabled to make mass
payments, the procedure to make such payments will be communicated to
you in the relevant integration manual.
9.2. Every recipient of a
payment you wish to send through us must have a valid means that we can
use for their identification. For most of our services that means of
identification will be a valid e-mail address but other means of
identification may be required for our other services.
9.3. If you
are asked to provide details of the recipient’s e-mail address or other
means of identification, where applicable, you must take great care to
properly type the exact details of who you wish to send money to. We use
those details as the unique identifier to determine the intended
recipient of the payment which you instruct us to process. Other
information you provide along with the recipient’s means of
identification may be disregarded and we shall not be liable for any
error you make when entering the recipient’s means of identification.
9.4.
If the e-mail address of the intended recipient is registered with us,
the funds will be instantly credited to the Dpayy Account associated
with that e-mail address. Once funds are credited to the recipient’s
Dpayy Account, the transaction becomes irreversible.
9.5. If the
recipient’s e-mail address is not registered with us, we will send a
notification e-mail to that e¬mail address with instructions on how to
claim and receive the payment. If the recipient does not claim the
payment within 14 days, the transaction will be cancelled and the funds
will be returned to you. You may also cancel the transaction at any time
before the funds have been credited to the recipient’s Dpayy Account.
To cancel a transaction you should log into your Dpayy Account, locate
the relevant transaction in your transactions history and select
“Cancel”.
9.6. You can make recurring payments by setting up a
recurring payment order on your Dpayy Account. You can cancel your
recurring payment order for future payments at any point by logging into
your Dpayy Account and deleting it. You will not be able to cancel
transactions that have already been credited to the recipient.
9.7.
Payments are subject to payment limits due to security and legal
requirements. These limits are set dynamically depending on your
verification status. You can view these limits at any time in your
Dpayy Account profile. You should ensure that your limits are
sufficient to cover the payment you intend to make as well as any
applicable fees including service fees and currency conversion fees. You
should be aware that the recipient of a payment may also be subject to
spending and withdrawal limits and that this may affect the recipient’s
access to the funds you intend to send.
9.8. If we are late in
executing a payment that you instruct us to make you may ask us to
contact the recipient's payment service provider and ask them to credit
it as if it had been received on the correct day.
9.9. Sending
payments is subject to fees including currency conversion fees (if
applicable) depending on the type of payment you make and the type of
Dpayy Account you hold. Please see section 13 for details.
9.A Third Party Providers
9.A.1.
A Third Party Provider is a service provider that is permitted by law
to make payments from your account on your behalf and to provide account
information services to you, provided they are acting in accordance
with your instructions and the relevant regulatory requirements. You can
check whether the provider is authorised in the information they give
to you about the services they will provide.
9.A.2. We will treat any
instruction from a Third Party Provider as if it were from you and the
terms of this Agreement will still apply. If you consent to a Third
Party Provider having access to information concerning your account, we
will assume that you consent to access being granted as frequently as
the Third Party Provider requests it.
9.A.3. If you give your
security details to someone who is not a Third Party Provider, we will
have to assume it is you that is authorising us to give access to your
account, we will treat payments instructed by that third party as
authorised by you and will not be responsible for any losses you suffer
as a result of misuse or disclosure of information about your account by
that third party.
9.A.4 We may refuse to allow a Third Party
Provider to access your Dpayy Account if we are concerned about
unauthorised or fraudulent access by that Third Party Provider. Before
we do this we will tell you and explain our reasons for doing so, unless
it is not reasonably practicable, in which case we will tell you
immediately afterwards. In either case, we will tell you using any of
the contact details we hold for you. We won’t tell you our reasons where
doing so will undermine our reasonable security measures or otherwise
be unlawful.
If you want to cancel the consent you have given to a
Third Party Provider to access your account you should contact them
directly.
9.A.5 If you think a payment may have been made incorrectly
or is unauthorized, you must tell us as soon as possible even where you
use a Third Party Provider. If you ask a Third Party Provider to
request a payment and they do not do this, we will not be responsible
for your payment not being made. Once a Third Party Provider has
initiated a payment, you cannot normally cancel it.
10. Receiving Funds
10.1.
If you receive funds into your Dpayy Account, we will send you a
notification email and display the payment as a “Receive Money”
transaction in your transactions history, together with the date of
receipt (the credit value date), the fees charged and, where applicable,
any exchange rate used. Each transaction is given a unique transaction
ID and shown in the transaction history. We will not alter or amend
information displayed in your online transaction history. You should
regularly reconcile incoming payments with your own records.
10.2.
You should be aware that receipt of funds to your Dpayy Account does
not necessarily mean that these transactions cannot be reversed. We
reserve the right to reverse a payment if the payer or the payer’s bank
or payment service provider has charged back or otherwise reversed (or
is reasonably likely to Chargeback or otherwise reverse) an upload or
other payment which was used to fund the payment to you.
10.3. If a
person received a payment notification from us indicating that someone
has sent them funds to an email address that is not registered, they
will not be credited with the payment until it has been claimed in
accordance with the instructions laid out in the notification email.
Until then, there will be no contractual or fiduciary relationship
between us and the intended recipient. The funds remain those of the
sender.
10.4. The receipt of payments is subject to fees and currency
exchange fees, depending on the type of payment you receive and the
type of Dpayy Account you have. Please see section 13 for details.
11. Prohibited transactions
11.1.
It is strictly forbidden to send or receive payments as consideration
for the sale or supply of: tobacco products, prescription drugs, drugs
and drug paraphernalia, weapons (including without limitation, knives,
guns, firearms or ammunition), satellite and cable TV descramblers,
material which incites violence, hatred, racism or which is considered
obscene, government IDs and licences including replicas and novelty
items and any counterfeit products, unlicensed or illegal lotteries or
gambling services (including without limitation the use of or
participation in illegal gambling houses), unregistered charity
services, items which encourage or facilitate illegal activities,
prepaid debit cards or other stored value cards that are not associated
with a particular merchant and are not limited to purchases of
particular products or services, third party processing or payment
aggregation products or services, multi-level marketing, pyramid selling
or ponzi schemes, matrix programmes or other “get rich quick” schemes
or high yield investment programmes, goods or services that infringe the
intellectual property rights of a third party, un-coded/miscoded
gaming, timeshares or property reservation payments (On and Off Plan).
We reserve the right, in our sole discretion, to add categories of
prohibited transactions by adding such categories either to these Terms
of Use or an acceptable use policy published on the Website.
11.2. It
is strictly forbidden to make payments to or to receive payments from
persons or entities offering illegal gambling services, including (but
not limited to) illegal sports betting, casino games and poker games. We
may suspend or terminate your Dpayy Account at any time or refuse to
execute or reverse a transaction if we believe that you directly or
indirectly use or have used your Dpayy Account for or in connection
with illegal gambling transactions. This list is not exhaustive and it
is your responsibility to ensure that you do not use our services for
transactions that may be considered illegal in your jurisdiction.
11.3.
You may not use our services if you are residing in certain countries. A
list of non-serviced countries is available on the Website and updated
from time to time. This list is not exhaustive and we may in our sole
discretion decide to discontinue or restrict our services in other
countries at any time and without prior notice. We reserve the right to
suspend or terminate your Dpayy Account at any time if we reasonably
believe to be required to do so by law or in order to comply with
recommendations issued by a relevant government authority or recognised
body for the prevention of financial crime.
11.4. It is strictly
forbidden to use your Dpayy Account for any illegal purposes including
but not limited to fraud and money laundering. We will investigate and
report any suspicious activity to the relevant law enforcement agency.
We reserve the right to charge you in our sole discretion an
administration fee as displayed in the "Fees" section of the Website for
every investigation we undertake into any such suspicious activity,
including where we get notified thereof by any third party whom we
partner with. You are prohibited from using your Dpayy Account in an
attempt to abuse, exploit or circumvent the usage restrictions imposed
by a merchant or a Third Party Provider on the services it provides.
11.5.
You may only accept payments for certain categories of business after
approval from us in our sole discretion. Such business categories
include but are not limited to: money exchange or remittance businesses,
including but not limited to bureaux de change, currency exchanges and
purchase of travel money; the collection of any form of donations or
payments to charitable or not-for-profit organisations; dealing in
natural resources such as jewels, precious metals or stones; live
streaming; the sale or supply of alcoholic beverages; the sale of supply
of dietary supplements and alternative health products; any other
business category published in an acceptable use policy on the Website
from time to time. In case you are in doubt whether your business falls
under any of the above categories, you must contact Customer Service. We
reserve the right in our sole discretion, to add business categories
requiring approval by adding such categories either to these Terms of
Use or an acceptable use policy published on the Website.
11.6. If
you conduct or attempt to conduct any transaction in violation of the
prohibitions contained in this section 11 or without the necessary
approval under section 11.5, we reserve the right to: reverse the
transaction; and/or close or suspend your Dpayy Account; and/or report
the transaction to the relevant law enforcement agency; and/or claim
damages from you; and charge you an administration fee as displayed in
the "Fees" section of the Website if we apply any of the above.
11.7.
It is your and not our responsibility to ensure that you only send
payments to or receive payments from persons or entities for the sale or
supply of goods and services that you may provide or receive in
compliance with any applicable laws and regulations. The mere fact that a
person or entity accepts payments through us is not an indication of
the legality of the supply or provision of their goods and services. If
you are in doubt as to the legality of a supply or purchase, you should
not continue with your payment.
12. Withdrawing funds
12.1.
You can request a withdrawal of all or part of the funds held in your
Dpayy Account at any time. To do this you must log into your Dpayy
Account and select a withdrawal method and enter the amount to be
withdrawn. Withdrawal methods are payment services provided, at least in
part, by third party financial institutions (for example, the bank
where you hold a bank account). We do not guarantee the availability of
any particular withdrawal method and may make changes to or discontinue a
particular withdrawal method at any time without following the
procedure set out in section 17 as long as there is at least one
withdrawal method available to you. Where the withdrawal payment is
received by you through the involvement of a payment service provider
(such as the bank where you hold a bank account), we shall not be
responsible for the withdrawal payment once the withdrawn funds are
received by your payment service provider.
12.2. Your Dpayy Account
is subject to withdrawal limits. These limits are adjusted dynamically
depending on the type of identification documentation we hold on you.
You can view your withdrawal limits at any time in your Dpayy Account
profile. Before uploading any funds into your Dpayy Account, you must
ensure that your current withdrawal and spending limits meet your
withdrawal and spending requirements as we legally cannot allow you to
exceed these limits.
12.3. If your withdrawal request exceeds the
current limit, we may decline your request and instead require you to
send us documents verifying your identity and address prior to allowing a
withdrawal of funds or to otherwise cooperate with us to verify your
identity.
12.4. Withdrawals are subject to fees including currency conversion fees (if applicable). Please see section 13 for details.
12.5. For the purposes of a withdrawal transaction, we are a payer and not a payment service provider.
12.6.
You must not make a withdrawal to a bank account or other Payment
Method if you are not the named holder. We take any violation of this
requirement very seriously and will treat any attempt to use a Payment
Method of which you are not the named holder as a fraudulent act.
12.7.
You must ensure that the payment details you enter when withdrawing
funds are correct and complete. We will not be liable for withdrawn
funds being sent to the wrong account where this is due to you providing
incorrect payment details. When withdrawing to a bank account, you must
ensure that the account number, sort code, IBAN and/or BIC/SWIFT are
correct. If you have withdrawn funds to the wrong account, you may
request that we assist you in reclaiming the funds. However, we will
charge you an administration fee as displayed in the "Fees" section of
the Website for doing so and we cannot guarantee that the reclaim
efforts will be successful.
13. Fees
13.1. Fees depend on whether you are using your Dpayy Account for personal or commercial purposes.
13.2.
Transaction related fees can be viewed at any time in the "Fees"
section of our Website. Additional fees apply to Dpayy Accounts used
for commercial purposes in accordance with the applicable terms and
conditions referred to in section 4.7 above. You should print or
download and keep a copy of the "Fees" section together with a copy of
these Terms of Use. For clarity, the "Fees" section forms part of these
Terms of Use. Fees are subject to change in accordance with section 17.
Under certain circumstances we may charge additional fees as set out in
sections 8.3, 8.9, 8.12, 11.6, 12.6 and 12.7.
13.3. Your transactions
may be subject to currency conversions. If you make a payment from your
Dpayy Account denominated in one currency to a Dpayy Account
denominated in another currency, you will be asked to either make the
payment in the currency of your Dpayy Account or in another currency.
If you choose the currency of your Dpayy Account, then the recipient
will pay the fee for the conversion into the currency of his or her
Dpayy Account. If you choose the currency of the recipient’s Dpayy
Account, you will pay the fee for the conversion into the currency of
the payment. If you choose a currency that is neither the currency of
your Dpayy Account nor the currency of the recipient’s Dpayy Account
then you will pay the fee for the conversion into the currency of the
payment, and the recipient will pay the fee for the conversion of the
payment currency into the currency of his or her Dpayy Account.
13.4.
For every currency conversion, we will apply the average daily
interbank market rate published by a third-party foreign currency data
provider (Reuters) to which, we add a foreign exchange fee, which is
displayed in the "Fees" section of the Website. The foreign exchange fee
is payable in addition to the transaction fee. Where we charge fees to
you in EUR, we won't apply a foreign exchange fee but will convert the
amount in EUR to the currency of your Dpayy Account at the applicable
wholesale exchange rate.
13.5. Our Fees are either expressed as a
percentage of the transaction or as a fixed amount in EUR. Where fixed
fee amounts are displayed in a currency other than EUR, this is for
information purposes only. If fees are deducted from a balance or a
transaction denominated in a different currency, the EUR fee amount will
be converted into an equivalent fee in that other currency based on the
Dpayy wholesale exchange rates applicable at the time and (as
displayed on the “Fees" section of the Website under the "Currency
Conversion Fees") and then deducted. We will not apply a foreign
exchange fee on currency conversions of fees.
13.6. Fees payable by
you will be deducted from your Dpayy Account balance and you hereby
authorise us to do the same. Transaction fees will be charged when the
transaction is executed. If your Dpayy Account balance is insufficient
to cover the fees, we may refuse to execute the payment. Reversal or
chargeback fees will be deducted when incurred.
13.7. If the
deduction of fees results in a negative Dpayy Account balance, you will
be required to repay such negative balance by uploading sufficient
funds into your Dpayy Account. Failure to do so is a breach of these
Terms of Use. Repayment of the negative balance is due immediately
without notice. However, we reserve the right at any time to send you
reminders that you need to upload funds or to take other debt collection
measures including but not limited to instructing a debt collection
agency or solicitors or to pursue the claim in court. We reserve the
right to charge you expenses we have reasonably incurred in connection
with any debt collection or enforcement efforts.
14. Your Data
14.1.
You explicitly consent to us accessing, processing, and retaining any
information you provide to us, for the purposes of providing payment
services to you. This does not affect our respective rights and
obligations under data protection legislation. You may withdraw this
consent by closing your Dpayy Account. If you withdraw consent in this
way, we will cease using your data for this purpose, but may continue to
process your data for other purposes where we have other lawful grounds
to do so, such as where we are legally required to keep records of
transactions.
14.2. The processing of your data is governed by our Privacy Notice which can be found on our Website.
15. Liability
15.1.
In the case of an unauthorised payment or a payment that was
incorrectly executed due to an error by us, we shall, as soon as
practicable, refund the payment amount including all fees deducted
therefrom. This shall not apply:
15.1.1. where the unauthorised
payment arises from your failure to keep the personalised security
features of your Dpayy Account safe in accordance with section 6 of
these Terms of Use, in which case you shall remain liable for the first
£35 GBP (or equivalent in the currency of your Dpayy Account) unless
section 15.1.3 applies;
15.1.2. if you fail to notify us without
undue delay of any loss of your password or other security features or
other event that could reasonably be expected to have compromised the
security of your Dpayy Account after you have gained knowledge of such
event in which case you shall remain liable for losses incurred until
you notify us;
15.1.3. if the transaction was unauthorised but you
have acted fraudulently or compromised the security of your Dpayy
Account with intent or gross negligence, in which case you shall be
solely liable for all losses; or
15.1.4. if you fail to dispute and
bring the unauthorised or incorrectly executed transaction to our
attention within 13 months from the date of the transaction.
15.2.
Unless you have acted fraudulently, section 15.1.1 shall not apply to
transactions made after you have notified us in accordance with section
6.2, where we have failed to provide you with appropriate means for
notification or we are required to use strong customer authentication
but fail to do so, in which case we shall remain liable and refund any
unauthorised transaction to you as soon as practicable.
15.3. Without
prejudice to the foregoing, you are asked to check the transactions
history of your Dpayy Account regularly and frequently and to contact
Customer Service immediately in case you have any questions or concerns.
15.4.
In the case of any incorrect or misdirected payment, we shall take
reasonable measures to assist you with tracing and recovering such
payments.
15.5. Subject to the foregoing, we shall not be liable for
any disruption or impairment of our service or for disruptions or
impairments of intermediary services on which we rely for the
performance of our obligations hereunder, provided that such disruption
or impairment is due to abnormal and unforeseeable circumstances beyond
our reasonable control or the control of the intermediary affected.
15.6.
We shall not be liable for any indirect or consequential losses
including but not limited to loss of profit, loss of business and loss
of reputation. We shall not be liable for any losses arising from our
compliance with legal and regulatory requirements.
15.7. Nothing in
these Terms of Use shall operate to exclude liability for death or
personal injury due to negligence or for fraud or fraudulent
misrepresentation or for any statutory liability that cannot be excluded
or amended by agreement between the parties.
15.8. Our obligation
under these Terms of Use is limited to providing you with an electronic
money account and related payment services and we do not make any
statement in relation to or endorsement of the quality, safety or
legality of any goods or services provided by a Dpayy customer or
intermediary.
15.9. We shall not be liable for the assessment or
payment of any taxes, duties or other charges that arise from your use
of the Dpayy Account or services provided in these Terms of Use.
15.10.
Reimbursement. You agree to defend, reimburse or compensate us and hold
us and our other companies in our corporate group harmless from any
claim, demand, expenses or costs (including legal fees, fines or
penalties) that we incur or suffer due to or arising out of your or your
agents' breach of these Terms of Use, breach of any applicable law or
regulation and/or use of the services. This provision shall survive
termination of the relationship between you and us.
16. Termination and suspension
16.1.
We may terminate your Dpayy Account or any payment service associated
with it by giving you two months’ prior notice. You may terminate your
Dpayy Account with us at any time. Different termination provisions may
apply if you use your Dpayy Account for commercial purposes as set out
in section 4.7 above.
16.2. Together with a termination notice or at
any time thereafter we may give you reasonable instructions on how to
withdraw remaining funds.
16.3. If your Dpayy Account is subject to a
reserve, termination of your Dpayy Account will not affect our right
to hold the reserve and to make deductions therefrom for the time
agreed.
16.4. We may at any time suspend or terminate your Dpayy Account without notice if:
16.4.1.
you breach any condition of these Terms of Use or any other condition
applicable to specific services covered by separate terms and
conditions;
16.4.2. you violate or we have reason to believe that you
are in violation of any law or regulation that is applicable to your
use of our services;
16.4.3. we have reason to believe that you are
in any way involved in any fraudulent activity, money laundering,
terrorism financing or other criminal activity; or
16.4.4. we have
reason to believe that another Dpayy Account provided by us or one of
our group companies is held by you and has been used for any fraudulent
activity, money laundering, terrorism financing or other criminal
activity.
16.5. We may suspend your Dpayy Account at any time if:
16.5.1. we reasonably believe that your Dpayy Account has been compromised or for other security reasons; or
16.5.2.
we reasonably suspect your Dpayy Account to have been used or is being
used without your authorisation or fraudulently; and we shall notify
you either prior to the suspension or, if prior notification is not
possible under the circumstances, promptly after the suspension unless
we are prohibited by law to notify you.
17. Changes to these Terms of Use
17.1.
These Terms of Use and any additional terms and conditions that may
apply are subject to change. Changes will be implemented with prior
notice from us under the procedure set forth in this section.
17.2.
We shall give notice to you of any proposed change by sending an email
to the primary email address registered with your Dpayy Account.
17.3.
The proposed change shall come into effect two (2) months after the
date the change notice is deemed received under section 18.1, unless you
have given us notice that you object to the proposed changes before the
changes come into effect. Changes that make these Terms of Use more
favourable to you shall come into effect immediately if so stated in the
change notice. Changes to exchange rates shall come into effect
immediately without notice and you shall not have the right to object to
such a change.
17.4. If you object to the changes, they will not
apply to you. However, any such objection shall constitute a notice by
you to terminate and close your Dpayy Account. Your Dpayy Account will
be closed in accordance with the provisions of section 7 above.
18. How we communicate
18.1.
We usually contact you via email. For this purpose you must at all
times maintain at least one valid email address in your Dpayy Account
profile. You are required to check for incoming messages regularly and
frequently. Emails may contain links to further communication on our
Website. Any communication or notice sent by email will be deemed
received by you on the same day if it is received in your email inbox
before 4.30 pm on a Business Day. If it is received in your email inbox
after 4:30pm on a Business Day or at any other time, it will be deemed
received on the next Business Day.
18.2. Where legislation requires
us to provide information to you on a durable medium, we will either
send you an email (with or without attachment) or send you a
notification pointing you to information on our Website in a way that
enables you to retain the information in print format or other format
that can be retained by you permanently for future reference. We
recommend you keep copies of all communications we send or make
available to you.
18.3. You can request a copy of the current Terms
of Use or any other contractual document relevant to you by contacting
Customer Service.
18.4. In order to view emails you need a computer
with email software that can display emails in HTML format. We may also
send you attachments in Adobe Systems Inc.’s Portable Document Format
(PDF), for which you need Adobe’s Acrobat Reader, which can be
downloaded for free at the Adobe website.
18.5. We will never send
you any emails with executable files attached or with links to any
executable files. If you receive any email with such attachments, you
should delete the message without clicking on the attachment. If you are
unsure whether a communication is originating from us, please contact
Customer Service.
18.6. We will communicate to you in English and
will always accept communications made to us in English. You can choose
your preferred language from the list of supported languages in your
Dpayy Account profile and we will send you automated email
notifications and communications regarding changes to these Terms of Use
in your chosen language. For non-standard communication, we reserve the
right to communicate with you in English. Documents or communications
in any other languages are for convenience only and shall not constitute
an obligation on us to conduct any further communication in that
language.
18.7. Apart from communicating via email, we may contact
you via letter or telephone, where appropriate. If you use any mobile
services, we may communicate with you via SMS. Any communication or
notice sent by post will be deemed received three days from the date of
posting for UK post or within five days of posting for international
post. Any communication or notice sent by SMS will be deemed received
the same day.
18.8. You may contact us at any time by sending a
message to Customer Service via the “Support” facility https://www.Dpayy
.com/en/support.
19. Complaints
19.1.
Any complaints about us or the services we provide should be addressed
to us in the first instance by contacting Customer Service. You should
clearly indicate that you are wishing to make a complaint to us. This
helps us to distinguish a complaint from a mere query. We send you a
complaint acknowledgement by post or by email within 48 hours of
receiving your complaint in accordance with our complaints procedure.
19.2.
We endeavour to provide you with an answer or resolution to your
complaint within the timeframes as outlined by the Financial Ombudsman
Service. Should this not be possible due to unforeseen circumstances or
lack of information, we will contact you.
19.3. If your complaint is
not resolved to your satisfaction, you may contact the Financial
Ombudsman Service at Exchange Tower, London, E14 9SR, United Kingdom.
For additional contact details you may visit the Website at www.Dpayy
.com.
20. Miscellaneous
20.1.
No person other than you shall have any rights under these Terms of Use
and the provisions of the Contracts (Rights of Third Parties) Act 1999
are expressly excluded.
20.2. Your Dpayy Account is personal to you and you may not assign any rights under the Terms of Use to any third party.
20.3.
Your Dpayy Account is operated in the United Kingdom and these Terms
of Use shall be governed by and interpreted in accordance with the laws
of England and Wales. Any dispute under these Terms of Use or otherwise
in connection with your Dpayy Account shall be brought exclusively in
the courts of England and Wales except where prohibited by EU law.
20.4.
If any part of these Terms of Use is found by a court of competent
jurisdiction to be invalid, unlawful or unenforceable then such part
shall be severed from the remainder of the Terms of Use, which shall
continue to be valid and enforceable to the fullest extent permitted by
law.
21. We reserve all rights to change or modify or add new terms
in this page. Use our wallet at your own risk. We will try our best to
provide you highest level of security but we do not take any
responsibility for unforeseen or unavoidable circumstances .