Terms and Conditions for daopay.com

BY USING OUR PAYMENT SERVICE DAOPAY, YOU AGREE TO BE BOUND BY THE PRESENT TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING ALL POLICIES), EACH AS MAY BE MODIFIED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE DAOPAY SERVICE.

PLEASE NOTE!

FOR THE PURCHASE OF THE GOODS OR SERVICES THE TERMS AND CONDITIONS OF THE RESPECTIVE MERCHANT MIGHT APPLY. LOCAL REGULATIONS FOR PREMIUM RATE SERVICES AND SPECIFIC TERMS AND CONDITIONS FOR THE USAGE OF PREMIUM RATE SERVICES FROM YOUR TELECOM OPERATOR MIGHT APPLY.

 

1. About DaoPay GmbH

DaoPay GmbH with its registered office at Hackhofergasse 5/14, A-1190 Vienna, Austria, Company Number: FN 364645v, is a licensed payment service provider.

DaoPay GmbH is subject to supervision by the Austrian Financial Market Authority (”FMA“) and to the legal regulations for payment services (in Austria the Payment Services Act “ZaDiG” which transposes the Payment Services Directive of the European Union into Austrian law). This regulation makes payments across Europe more transparent and efficient. The license is only provided to payment companies that comply with a wide set of rules and obligations that ensure quality and stability of the payment sector.

 

2. About DaoPay

DaoPay GmbH offers a simple licensed method of payment („DaoPay“) via a “Pay By Phone” payment system. DaoPay enables end-customers to pay instantly through their phone provider (mobile or landline) e.g. with a simple phone call or easily by SMS, using the IVR, Premium-SMS or billing gateway technology to charge end-customers to their phone bill. The DaoPay system uses different phone payment methods in more than 60 countries and is therefore one of the leading phone payment service providers.

The system is used by merchants offering different content (e.g. music, online games, software downloads, online newspapers, virtual goods and other internet services) to enable phone payments to their customer base. Customers of such merchants have the option to pay for (virtual) products provided by merchants by calling a premium rate number and staying connected until the price for the chosen product/service has been paid. Furthermore, DaoPay GmbH provides payment via Premium-SMS or through billing gateway. The goods or services purchased are then charged to the end-customer’s phone bill.

 

3. End-Customer Policy

The use of the DaoPay Service requires an SMS-enabled mobile phone capable of and authorized by the applicable carrier to use premium SMS text services or billing gateway/wap billing or a landline phone authorized to use call premium rate numbers (the “Phone Device”). If you are an individual, you must be either (a) at least 18 years old or (b) have been authorized by your parent or guardian to use the DaoPay Service. You represent that you are the owner or authorized user of the Phone Device and are responsible for any charges associated and/or have the bill payer’s permission to use the DaoPay Service to pay for goods or services.

Charges for the usage of the DaoPay Service are made via your phone bill, or deducted from your prepaid account via premium SMS message(s), via your provider’s billing gateway/wap billing or via calls made to premium rate numbers (the “DaoPay Charges”). Amounts payable will be reflected in one or more messages transmitted to your phone. Your confirmation of the DaoPay Charges via a text message or response performed manually by electing to continue with the payment transaction will be deemed further evidence of your authorization to have the DaoPay Charges charged to and reflected on your account with the carrier. The DaoPay Charges are separate and apart from any other charges that may be assessed by your wireless carrier for messages sent to or received from DaoPay. Standard message charges may apply (part of Terms and Conditions from your carrier). You are responsible for any fees or other charges that your carrier may charge for any related data, call or message services, including without limitation for SMS, unless noted otherwise. Under no circumstances will DaoPay GmbH or its affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has unauthorized access to a user’s wireless device or telephone.

 

4. Limitation of liability

DaoPay GmbH is a payment service provider. We assume no liability or warranty for the content (goods and services) purchased from merchants. DaoPay GmbH does not have control over the quality, fitness, safety, reliability, legality, or any other aspect of (a) any good or service that you may purchase using the DaoPay Service or (b) any merchants storefront or website (including advertisement) that you may access as part of or prior to using the DaoPay Services. DaoPay GmbH is not required to issue refunds if a product or service turns out to not meet your expectations, or if the merchant does not fulfill its commitments. Though we will strive to provide you with adequate support in case of any disputes related to any payment transaction, we do not have any obligation to, and cannot guarantee that we will, resolve any such disputes to your satisfaction. The DaoPay Service is provided “AS IS” and without warranty. You acknowledge and agree that from time to time the DaoPay Service may be delayed, interrupted or disrupted for an indeterminate period of time due to circumstances beyond the reasonable control of DaoPay GmbH including, without limitation, any inaccuracy, interruption or delay in transmission by the telecommunications carrier used with the mobile device to access the wireless web, or any interruption, disruption or failure in the provision of the DaoPay Service, whether caused by strikes, power failures, equipment malfunctions or other circumstances beyond the reasonable control of DaoPay GmbH. DaoPay GmbH and its affiliates shall not be liable for any claim arising out of or related to the DaoPay Service resulting from any such delay, interruption, disruption or similar failure.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE (OF DAOPAY OR THE MERCHANT), THE DAOPAY SERVICE (INCLUDING THE INABILITY TO USE THE DAOPAY SERVICE), OR ANY SERVICES OR GOODS PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH THE DAOPAY SERVICE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DAOPAY GMBH OR OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR ON OTHER BASIS), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE 3 (THREE) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

 

5. Data Protection

DaoPay GmbH’s Privacy Policy, available from DaoPay GmbH’s website located at http://www.daopay.com/en/privacy-policy is made part of these Terms and Conditions and incorporated herein by reference.

 

6. Dispute with Merchants

If you have any disputes about purchases you have made with DaoPay, you should settle these with the relevant merchant. We are not responsible for the quality, safety, legality or any other aspect of any goods or services paid with DaoPay.

 

7. Payments

Once you have started a payment transaction we cannot stop it. Payments which have been initiated but not finished for whatever reason (e.g. interrupted call, wrong order number, prepaid card out of credit) can be finalized within 45 (forty five) days. For this period your order number remains valid and you are able to finish your payment transaction. Refunds after this period are at DaoPay GmbH‘s sole discretion and might be subject to a handling fee.

We may apply and change spending limits to your payments for different periods of time.

 

8. Right of revocation or cancellation

To the maximum extent permitted by law, any right of withdrawal or cancellation is excluded. You explicitly agree that we process the payment transaction before any right of withdrawal or cancellation expires. With this agreement you confirm that you lose any right of withdrawal or cancellation once we have started processing the payment transaction.

 

9. Indemnity

You will indemnify and hold us and our affiliates (and their respective employees, directors, agents and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interests, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; (b) your wrongful or improper use of the DaoPay Service; or (c) any illegal or fraudulent use of the DaoPay Service.

 

10. Customer Support

In case of any questions regarding our payment service DaoPay, please have a look at the FAQ’s on our website or address your query to our customer support:

FAQ’s: http://www.daopay.com/en/consumer-support-faqs

E-Mail: cs@daopay.com

Phone: to find out your local customer support number, please visit our website

http://www.daopay.com/en/contact-support

 

11. Governing Law and Jurisdiction

To the extent permitted by law this Agreement shall be governed, construed and shall take effect in accordance with the substantive laws of Austria. To the extent permitted by law the parties submit any claim or matter arising under or in connection with this Agreement or the legal rights established by this Agreement to the exclusive jurisdiction of the courts of Vienna, Austria.

Effective as of 5 May 2015