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Terms & conditions
These terms of use (“Terms of Use”) is a contract between you and Doinpay and governs your access to the website of Doinpay at https://www.Doinpay.com (“Site”), including all sub-pages on this website, and use of any services of Doinpay (“Doinpay Service”). If you are an individual, you must be above eighteen (18) years of age and competent to contract under the applicable laws to access or use the Doinpay Service. If you are a merchant or business, your business must be validly organised and operating legally in the jurisdiction where Doinpay has operation in order to use the Doinpay Service. By visiting the Site, logging on to or using the Doinpay Service, you shall be presumed to have read the Terms of Use (which includes the Merchant On-Boarding Policy and Grievance Redressal Policy, which are separately put up on the Site) and unconditionally and irrevocably accepted the terms and conditions set out therein. The Terms of Use may be revised or altered by us at our sole discretion from time to time, and the latest Terms of Use will be posted on the Site. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms of Use, such as through a notice on our Site. However, you are responsible for periodically reviewing these Terms of Use and check for such changes.
1. Doinpay Service Doinpay is a payment aggregator, processing, consolidating and reconciling payments paid to, or received from, various digital payment channels across the world into a single integrated payment solution product. Our one-stop, locally integrated payment solution allows our merchant clients to collect and make payments from and to their customers and users through a multitude of local and international digital payment methods, such as digital wallets, credit and debit cards, and bank transfers. You may subject to these Terms of Use and other related agreements integrate such relevant payment features into your website or application. 2. Use of the Doinpay Service 2.1 If you are a merchant or business: (a) you should refer to the Site for our integration and registration process in relation to a merchant account. You may apply for a merchant account with us, subject to provision of all required documents, signing a separate contract, and submitting a merchant application form to us. These Terms of Use are deemed to be incorporated into the contract between you and Doinpay; (b) you shall apply for on-boarding which is subject to Know Your Customer (KYC) and Enhanced due diligence (EDD) requirements as specifically stated in the Merchant On-Boarding Policy or other related agreements; (c) you must report any suspicious customers or transactions upon detecting a risk of the same, and cease making the service available to individuals and businesses. You shall cooperate with Doinpay including assisting us on all inspections for suspicious activities and other risk assessments and monitoring. Any failure or delay to justify the authenticity or reasonability of the transactions may result in suspension of the settlement payouts or services. 2.2 If you are using the Doinpay Service on behalf of a company, partnership, association, government or other organization (“Organization”), you warrant that you are authorised to do so and that you are authorised to bind your Organization to the Terms of Use. In such circumstances, 'you' or ‘user’ will include your Organization. 2.3 Without prejudice to other provisions of the Terms of Use and subject to the country specified terms as set out below, you may not use the Doinpay Service for activities that: (a) violate any law, statute, ordinance or regulation; (b) relate to transactions involving (i) certain controlled substances or other products that present a risk to consumer safety, (ii) drug paraphernalia, (iii) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (iv) stolen goods including digital and virtual goods, (v) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (vi) items that are considered obscene, (vii) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (viii) certain sexually oriented materials or services, (ix) ammunition, firearms, or certain firearm parts or accessories, or (x) certain weapons or knives regulated under applicable law; (c) relate to transactions that (i) show the personal information of third parties in violation of applicable laws, (ii) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (iii) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (iv) are for the sale of certain items before the seller has control or possession of the item, (v) are by payment processors to collect payments on behalf of merchants, (vi) are associated with the sale of traveler's checks or money orders, (vii) involve currency exchanges or check cashing businesses, (viii) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (ix) involve offering or receiving payments for the purpose of bribery or corruption; or (d) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent. 2.4 You undertake that you shall, during the use of the Doinpay Service, be in compliance with the mandates of Financial Action Task Force on Money Laundering (“FATF”) and local Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT) supervisor institutions and acknowledges that the you have not directly or indirectly lent, contributed or otherwise made available funds to any of its affiliates, joint venture partners or any other person or entity for the purpose of financing the activities of any person currently subject to the Specially Designated List. 3. Risk Factors 3.1 Technical Risk. While the Doinpay Service has been extensively tested and Doinpay maintains technology-risk management and business-continuity arrangements, the Doinpay Service may experience unforeseen outages or bugs beyond Doinpay’s reasonable control. Should this occur, Doinpay will take remedial steps to restore functionality as promptly as practicable. 3.2 Risk of Reliance on Third Parties. The Doinpay Service relies, in whole or partly, on third-party software and the continued development and support of third parties. There is no assurance or guarantee that those third parties will maintain their support of their software, which might have a material adverse effect on the Doinpay Service. 3.3 Regulatory Risk. While every effort has been taken to ensure that the Doinpay Service are compliant with local laws, it is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to the Doinpay Service. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting Doinpay Service. Regulatory actions could negatively impact Doinpay in various ways, and thus the Doinpay Service may not be available to users in certain jurisdictions. 3.4 Taxation Risk. It is possible that your intended treatment of the Doinpay Service may be challenged by tax authorities. You must seek your own tax advice in connection with the Doinpay Service provided by Doinpay, which may result in adverse tax consequences to you, including, without limitation, withholding taxes, transfer taxes, value-added taxes, income taxes and similar taxes, levies, duties or other charges and tax reporting requirements. 4. Ownership and Intellectual Property Rights 4.1 The Doinpay Service are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. Doinpay, our affiliates, licensors, or our service providers own all legal right, the title, interest, copyright and other worldwide intellectual property rights in the Doinpay Services and all copies of the Doinpay Services improved, updated, upgraded, modified, or customized and any software or documents provided to you as part of or in connection with the Doinpay Service, including, without limitation, all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. In addition, this Terms of Use does not grant you any rights to the intellectual property rights in the Doinpay Service. 4.2 Unless you have agreed otherwise in writing with Doinpay, nothing in the Terms of Use gives you a right to use any of Doinpay’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. 4.3 Unless you have been expressly authorised to do so in writing by Doinpay, you agree that in using the Doinpay Service, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos. 5. Data Security (with respect to a merchant or business) 5.1 Password Security. In order to access the Doinpay Service, you will be required to provide your name and email address and to create a password. You are responsible for keeping the electronic device through which you access the Doinpay Service safe and maintaining adequate security and control of any and all security details that you use to access the Doinpay Service. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is both encrypted and password-protected. Doinpay assumes no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Doinpay and/or failure to follow the requirements set out in the Terms of Use, or follow or act on any notices or alerts that we may send to you. 5.2 Loss and Compromise. Any loss or compromise of your electronic device or your security details may result in unauthorised access to your Doinpay account by third parties and the loss or theft of stored value held in your Doinpay account and any associated accounts, including your account(s) with any third-party payment portal(s) and linked bank account(s) and credit card(s). You must keep your security details safe at all times. For example, you should not write them down or otherwise make them visible to others. 5.3 Shared Access. You should never allow remote access or share your computer screen with someone else when you are logged on to your Doinpay account. Doinpay will never under any circumstances ask you for your passwords or to screen-share or otherwise seek to access your computer or Doinpay account. You should not provide your details to any third party for the purposes of remotely accessing your Doinpay account. Always log into your Doinpay account through the Site to review any required actions if you have any uncertainty regarding the authenticity of any communication or notice. 5.4 Security Breach. If you suspect that your Doinpay account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or Doinpay (together a “Security Breach”), you must notify Doinpay as soon as possible (using the contact details under “General Provisions” below) and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter. 5.5 Safety and Security of Your Computer and Devices. Doinpay is not liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus-screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks, and you should use care in reviewing messages purporting to originate from us. 6. Doinpay’s Rights 6.1 Prohibited Use. Without prejudice to other provisions under this Terms of Use and subject to clause 2 above, we reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your PayeMax account(s) and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Doinpay account is associated with a prohibited use. 6.2 Suspension. Doinpay may suspend and restrict your access to any or all the Doinpay Service if: (a) we are so required by a court order or binding order of a government authority; (b) we reasonably suspect you of using your Doinpay account in connection with a prohibited use; (c) use of your Doinpay account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity; (d) our service partners are unable to support your use of the Doinpay Service; (e) if you are a merchant or business, your KYC credentials are found to be ingenuine or fake; (f) if you make incorrect or untrue disclosure of the nature of your business, resulting in a merchant category code violation; (g) you take any action that Doinpay deems as circumventing its controls, including, but not limited to, opening multiple Doinpay accounts; and/or (h) breach of any of the provisions under this Terms of Use. 6.3 No advice. Doinpay makes no representation or warranty, express or implied, to the extent not prohibited by applicable laws, regarding the advisability of using any of the Doinpay Service. The past performance of the Doinpay Service is not a guide to future performance. Doinpay does not offer fiduciary services and is not your agent, advisor or fiduciary. 6.4 Not an Offering. The content of the Site and the Doinpay Service do not constitute an offer to buy or sell or a solicitation of an offer to buy or sell investments, securities, partnership interests, commodities or any other financial instruments; the content or the Site and the Services also do not constitute, and may not be used for or in connection with, an offer or solicitation by anyone in any jurisdiction in which such an offer or solicitation is not authorised or permitted, or to any person to whom it is unlawful to make such offer or solicitation. 7. Liability and Indemnity 7.1 Limitation on Liability. Subject to the overall provisions stated above, you expressly understand and agree that in no event shall Doinpay, its affiliates, and its or their licensors or service providers be liable to you for: (a) any direct, indirect, incidental, special, consequential, punitive or exemplary damages, costs, losses, penalties, fines, charges or expenses which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of profits, any loss of data or other information suffered, business interruption, cost of procurement of substitute goods or Services, loss of privacy arising out of or in any way related to the use of or inability to use Doinpay Service or other intangible loss; (b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Doinpay Service; (c) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Doinpay Service; (d) your failure to provide Doinpay with accurate registration data or KYC documents; (e) your failure to keep your password or account details secure and confidential, or: (i) you erroneously direct us to submit payment instructions multiple times; (ii) you direct us to submit the wrong amount; (iii) you direct us to submit a payment instruction for a wrong person; or (iv) you provide us with incorrect or incomplete information. 7.2 In the event of any jurisdiction does not allow limitations on implied warranties or the exclusion or limitation of certain damages, all or part of the disclaimers as listed above in clause 7.1 may not apply. 7.3 If you are a merchant or business, you shall ensure that, among others, all industry requisite approvals, licenses and registration in accordance with all applicable laws, rules, regulations, guidelines in force from time to time, have been obtained and are kept in full force and effect to enable you to offer your products for sale. 7.4 Indemnity. You agree to indemnify and hold Doinpay, its affiliates, its licensors, its service providers, and its and their respective officers, directors, employees, agents, successors, assignees and licensors, in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions (including, without limitation, lawyer’s and experts’ fees) or other proceedings as a result of: (a) fraud, negligence and wilful misconduct by you in the use of the Doinpay Service; (b) violation of applicable laws, rules or regulations in the use of the Doinpay Service and/ or in the conduct of your business or in relation to any information available as part of the Doinpay Service, including but not limited to the legal provisions mentioned thereafter; (c) breach of the confidentiality obligations under these Terms of Use; your wrongful or improper use of the Doinpay Service and breach of any third party rights; (d) disputes raised by your customer in relation to a transaction where such dispute is not attributable to the Doinpay Service; (e) penalties, fines, charges, or any other actions as a result of breach or violation of any your representations and warranties; and (f) fines, penalties and charges imposed by the acquiring bank, card payment networks or any governmental authority on account of transactions on the website or platform or the use of personal information or data that are in violation of applicable law. 8. Complaints and Dispute Resolution 8.1 If you have a dispute with Doinpay, you agree to contact Doinpay through our support team in first instance to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through the Doinpay support team, you agree that the dispute will be resolved in the manner described immediately below. 8.2 Each party (i) waives all its respective right(s) to have any and all disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") arising from or related to these Terms of Use resolved in a court, and (ii) waives all its respective right(s) to have any Disputes heard before a court. Instead, each party shall arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court). 8.3 Any Dispute arising out of or related to these Terms is personal to you and will be resolved solely through individual arbitration, and shall in no circumstances be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an entity attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. 8.4 Any Dispute arising out of or in connection with these Terms of Use (including without limitation the enforceability of this section or any question regarding its existence, validity or termination) shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Hong Kong. The tribunal shall consist of [1] arbitrator. The language of the arbitration shall be English. 9. Privacy and Disclosure For information about the way in which we collect, process and share your personal information, please refer to our Privacy Policy, the full text of which is accessible on the website of Doinpay (https://www.Doinpay.com/cn/terms/). 10. General Provisions 10.1 Contacting Doinpay To give us notice under these Terms of Use, or if you have feedback or general questions, please contact us via our user support at service@Doinpay.com. When you contact us you may need to provide some information we may need to identify you, your Doinpay account(s), and the matter or transaction in relation to which you are contacting us. 10.2 No Warranty We, our affiliates, our licensors, and our service providers do not represent or warrant, express or implied, that the Doinpay Service will operate without interruption or will be error free. Especially in the following cases: (a) modification or alteration of the Doinpay Service made without the prior written approval of Doinpay; (b) accident, neglect, misuse or abuse, or (c) exposure to conditions outside the range of the environmental, power and operating specifications provided by Doinpay. The Doinpay Service are provided on an as is and as available basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the Doinpay Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. 10.3 Availability The Doinpay Service and the Site may be temporarily unavailable from time to time for maintenance or other reasons. Doinpay assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Doinpay is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the internet and/or in connection with the Services. Under no circumstances will Doinpay be responsible for any loss or damage, including any loss or damage to any user of content of the Doinpay’s website, financial damages or lost profits, or loss of business, resulting from anyone's use of the Doinpay Service and the Site, any user content or third-party content posted on or through the Doinpay Service or the Site or transmitted to users, or any interactions between users of the Doinpay’s website, whether online or offline. 10.4 Accuracy of content on the Doinpay’s website Although we intend to provide accurate and timely information on the Site, the website (including, without limitation, its content) may not always be entirely complete or current. In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies and Doinpay Service. Links to third-party materials (including without limitation any websites) are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third-party materials accessible or linked to from the Site. 10.5 Assignment You may not assign any rights and/or licenses granted under these Terms of Use. We reserve the right to assign our rights without restriction, including without limitation to any Doinpay affiliates or subsidiaries, or to any successor in interest of any business associated with the Doinpay Service. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns. In the event that Doinpay is acquired by or merged with a third-party entity or undergoes a change of control, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. 10.6 Doinpay’s Role Doinpay only acts as payment aggregator providing the Doinpay Service only. We do not (i) act as an escrow agent with respect to any funds kept in your account; (ii) act as your agent or trustee; (iii) enter into a partnership, joint venture, agency or employment relationship with you; (iv) have control of, nor liability for, the products or services that are paid for with the Doinpay Service; (v) guarantee the identity of any buyer or seller; (vi) ensure that a buyer or a seller will complete a transaction; (vii) determine if you are liable for any taxes, or unless otherwise specified, collect or pay any taxes that may arise from your use of the Doinpay Service. 10.7 Force Majeure We will not be liable for failure to perform under the Terms of Use as a result of any event of force majeure including, not be limited to acts of god, fire, wars, sabotage, civil unrest, labor unrest, action of statutory authorities or local or state, central governments, change in laws, rules and regulations, affecting our and/or the payment system providers performance. 10.8 Confidentiality You agree not to disclose or attempt to use or personally benefit from any non-public information or information that by its nature should be considered confidential (“Confidential Information”) that he may learn on the website or through the services. You shall hold such Confidential Information in confidence and shall not disclose Confidential Information to any third party without our prior written consent. You acknowledge and agree that a breach of this clause would cause irreparable harm and that we shall be entitled to seek equitable relief from such breach. This obligation shall continue until such time as the non-public information has become publicly known through no action of your own. If you are compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any such non-public information, you agree to promptly and diligently notify Doinpay and cooperate fully with Doinpay in protecting such information to the extent possible under applicable law. 10.9 No Waiver The failure of Doinpay to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. 10.10 Severability If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. 10.11 Termination We may terminate or suspend use of the Doinpay Service at any time in our discretion, with notification to you. Upon any termination for any reason, we shall have no liability to you and no further obligations under the Terms of Use. Any termination of the Terms of Use does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you to us, and/or the payment system providers, in accordance with the terms of the separate contact between you and Doinpay in relation to your merchant account. 10.12 Governing Law These Terms of Use shall be governed by the laws of Hong Kong Special Administrative Region and the general international business practices and / or industry practices shall be referred to where there are no applicable laws or regulations. 10.13 Survival The following provisions of these Terms of Use shall survive termination of your use or access to the Doinpay Service and the Site: the sections concerning Intellectual Property, Liability and Indemnity, Complaints and Dispute Resolution and General Provisions, and any other provision that by its terms survives termination of your use or access to the Doinpay Service and the Site. 11. Country Specified Provisions The following additional or amended terms shall apply to you if you are a user in the relevant jurisdiction specified below. 11.1 India Without prejudice to other provisions under the Terms of Use, in connection to clause 2 “Use of the Doinpay Service”, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that: (a) belongs to another person and to which you do not have any right to; (b) is harmful to children; (c) infringes any patent, trademark, copyright or other proprietary rights; (d) violates any law for the time being in force; (e) deceives or misleads the addressee about the origin of such messages or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (f) impersonates another person; (g) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; (h) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation; and (i) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person. 11.2 Indonesia If the Doinpay Service is used or accessed from within Republic of Indonesia, then the following supplemental terms are incorporated into the Terms of Use by reference and shall apply and override any conflicting provisions in the Terms of Use: (a) Governing Language. These Terms of Use are made in English and Indonesian language versions. In the event of any discrepancy between the English and Indonesian language versions, the English language version shall prevail. (b) Parental or Guardian Consent. If You are under the age of 21, You hereby represent that You had the consent of Your parent or legal guardian to access the Services or to register for an account on the Services. (c) Waiver. For the purpose of termination and/or dissolution and/or rescission of the Terms of Use, we and You hereby waive the applicability of the provisions under Article 1266 of the Indonesian Civil Code, to the extent that the court order and/or decision would otherwise be required to validly terminate and/or dissolve and/or rescind the Terms of Use. .