Merchant Terms of Use

Please note that certain currencies are still to be created and may be subject to a shortlisting procedure based on supply and demand.

    1. The purpose of the Terms of Use is to ensure that the proper elements and commitments are in place to provide consistent DIMPAY support and delivery to the User by the Service Provider (DIMPAY).

    2. The goal of the Terms of Use is to provide a clear description of service provision to the User and also to provide clear reference to roles and responsibilities of the parties.

    3. The Terms of Use also explain DIMPAY’s obligations to the User, and the Users obligations to DIMPAY in relation to the service(s) purchased. By purchasing the service(s)the User agrees to establish an account with the DIMPAY for such services.

    1. The User has the responsibility at all times to pay for all costs at the agreed fees stated in Clause 5 below “Fees and Costs”.

    2. The User agrees that they will use the App only in line with these Terms and any applicable laws, rules and regulations. The following set rules and regulations must be adhered to by the User:

    1. The User should make sure that they only use the latest version of the App. The App Store will notify customers of any updates/upgrades that are available. If the latest version is not installed, the App may not function correctly, security and/or data flaws may be experienced for which DIMPAY will not be liable under any circumstances.

    2. The App must only be used on a device for which it is intended, as allowed by the usage rules set out in the App store’s terms of service.

    3. DIMPAY payment service is provided “as is” without any warranty whatsoever. DIMPAY disclaims all warranties whether expressed, implied, or statutory, to the User as to any matter whatsoever, including all implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights.

    1. The service provider must at all times meet the response times associated with the service and also to maintain and provide periodic updates of DIMPAY payment service to the User.

    1. Fees are defined by network transfer rates.

    2. DIMPAY will charge fees for the use of any of the services it provides. These fees may change from time to time. Acceptance of the terms indicates the User’s acceptance of these fees and any change to these fees which may occur now or in the future.

    1. The User represents and warrants that:

      1. They have full contractual capacity and have not been declared mentally unfit by any court of law.

      2. The correct information was given to DIMPAY and the terms and condition were read and understood before entering into the Terms of Use.

      3. They will, at all times look after their Access Codes and keep them private and secure to prevent other persons from using them. If this is not done, the User gives up any claim they may have against DIMPAY for any loss or damage they may suffer.

      4. They will at all times ensure that they have logged out of the App after use to prevent any other person from utilising it and to prevent any loss of funds from such use. DIMPAY will not be liable for such loss at any time.

      5. They will at all times ensure that they use software and hardware that is suitable for the App. If this is not done, the App may not work properly increasing security risks and DIMPAY will not be liable under such circumstances.

      6. They will in no way represent that they have any rights of any nature in any current and future Intellectual Property belonging to DIMPAY and/or any third parties featured on the App.

    1. The user does not pay a subscription fee for the use of DIMPAY Software, this does not expressly or implicitly warrant that the user has acquired any form of ownership to the Software, the Intellectual Rights still remain with DIM Foundation.

    2. To the maximum extent allowed by law, the App Store does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to Users for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of Users using the App or relying on any of its content.

    1. Use of the App is dependent on factors beyond the DIMPAY’s control, such as network coverage or availability or User’s Device capability or capacity and also device compatibility therefore DIMPAY does not take any responsibility in case of damages suffered due to the mentioned factors. It it the responsibility of the User to ensure the compatibility of their device before installation of the App.

    2. DIMPAY is not liable of any loss or damages suffered if a factor beyond its control arises and User cannot access the App.

    3. DIMPAY (including its employees, consultants, agents, or any affiliated person) is not responsible for any loss or damages related to the use of the App or any Intellectual Property flowing from their use. This includes, without limitation, any direct, indirect, special, incidental, or consequential damages in terms of contract, delict (breach of duty or care) or law.

    1. Establishing, updating and maintenance of its Payment Service Application (DIMPAY) and fulfilling all orders for products and services sold by the DIM Foundation to its Users, including without limitation transmitting Transaction data to DIMPAY servers and ensuring that any data stored or transmitted is securely collected and is not corrupted.

    2. Subject to the terms in the Terms of Use, DIMPAY agrees to provide to the User the services for which the User enrols and pays the applicable fees for.

    1. DIMPAY keeps all Intellectual Property Rights to and in relation to the App secure. This includes but is not limited to all proprietary information, trademarks and copyright of any logos and other devices or storage media, in or sent to, through and from the App. DIMPAY only grants the User a non-assignable, non-sub-licensable, non-transferable, non-exclusive license to use the App, which may include updates only for purposes outlined in the Terms and for no other purposes.

    2. The license granted to the User will commence at installation of the App and will continue until it is terminated in line with the Terms, which will result in the cancellation of User access to the App. On termination of the license granted in these Terms, for any reason, the User must immediately stop all use of the App.

  11. BREACH
    1. In case of breach of a clause in this Agreement, DIMPAY may stop the User from using the App and if the User does not remedy such breach within 5 days after DIMPAY has requested User to do so then DIMPAY may take other steps available, including applying to a court for an urgent interdict against the User.

    2. Any breach of the terms under this Agreement entitles DIMPAY, in addition to normal common law remedies, to take legal action without prior notice to the User and the User agrees to reimburse the costs associated with such legal action.

    1. The User of the DIMPAY App agrees that use of the App is at their sole risk. Users will be solely responsible for any damage to their business or computer system, or loss of data that results from the download of the software.

    2. DIMPAY assumes no responsibility for any damages suffered by a User caused by the negligence of a User and their own errors and/or omissions. It is the duty of the User to acquire enough knowledge and to understand completely how the App works and also its compatibility prior to utilising it.

    3. DIMPAY has taken reasonable steps as far as is possible, to ensure the accuracy and completeness of the DIMPAY App content, to ensure that the User doesn’t suffer any loss or damages as a result of the use of this App.

    4. Under no circumstances shall DIMPAY or its parents, subsidiaries, affiliates, officers, directors, employees, agents, suppliers or any other party involved in creating, producing, transmitting, or distributing DIMPAY or related services be liable for any indirect, incidental, special, consequential or punitive damages arising from or in connection with the use or inability to use DIMPAY or other information that is sent or received, including but not limited to damages for lost profits, use, data or other intangibles, even if DIMPAY has been advised of the possibility of such damages.

    5. DIMPAY provides a service to bring buyer and seller or service offerer and service consumer together, and accepts no responsibility for the quality, reliability, safety, function, suitability or otherwise, of a product purchased, service used, or otherwise, as a result of the use of the DIMPAY App.

    6. It is the Users sole responsibility to obtain any required consents on the use of the App in each particular country the User is based. Such User is responsible for all final actions or inactions taken on transactions that may be fraudulent based on responses or data provided by DIMPAY.

Last Updated 15 Oct 2018