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.
For further information please visit our website http://www.daopay.com.
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.
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 35
(thirty 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: support@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 1 January 2023