TERMS AND CONDITIONS

1. GENERAL PROVISIONS

The existing Agreement stipulates the terms and conditions as well as procedures, under which you (Individual) or Legal Entity you represent, as merchants, can utilize the DojiPay Crypto Payment Gateway and DojiPay Wallet.

DojiPay Crypto Payment Gateway is a technical solution that permits you to accept cryptocurrency transactions.

DojiPay Wallet is a technical solution that permits you to store and send cryptocurrency assets.

Acceptance of the existing Agreement and Terms and Conditions IMPORTANT! WHEN ACCEPTING THE AGREEMENT BY ANY MODE ENABLED, OR BY USING OR ACCESSING THE DOJIPAY CRYPTO PAYMENT GATEWAY AND SERVICES THROUGH A PC OR A MOBILE APP, YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU HAVE REVIEWED AND UNDERSTAND THE EXISTING AGREEMENT; (II) YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THE EXISTING AGREEMENT.

When and if the Terms and Conditions of the existing Agreement are unacceptable or unintelligible, or unclear to you completely or in part, you shall have no right to utilize the DojiPay. In case you are in doubt regarding the Terms and Conditions of the existing Agreement, you must acquire a competent consultation from a lawyer before entering into any actions linked to the transfer of the Cryptocurrency through DojiPay Crypto Payment Gateway and DojiPay wallet.

We do not offer and do not intend to give any financial and/or other regulated services to you in line with the current local and/or international regulations. Concerning payments and/or transactions in Cryptocurrencies, any legal relations are between you/the legal entity you represent as Merchants and your customer making a payment or transaction. DojiPay is not a party to relations between you as a Merchant and your customers making payments in Cryptocurrencies. DojiPay does not accept any problems, letters, requests and (or) complaints regarding you, your services, products, activities, and (or) a payment and (or) any type of transaction, sale or buying relevant to you as a Merchant and your customers. DojiPay offers exclusively technical service for receiving cryptocurrency payments and their following storage.

2. UTILITY OF THE DOJIPAY CRYPTO PAYMENT GATEWAY AND WALLET SOFTWARE

To log in to the DojiPay System you can utilize your own software (desktop or mobile browser) that meets the requirements specified on the Website or the programs (apps) downloaded from the Website given by us. The needs for the Software intended for logging in to the DojiPay System as well as the instructions for downloading and installation of the programs (apps) offered by DojiPay shall be made available at the Website.

By using the DojiPay you shall agree and acknowledge that all and any actions (transactions) performed through your Account in the DojiPay System related to the given services offered by the DojiPay shall be valid and cause the same legal consequences as the actions (transactions) formalized by a paper document signed by you, and if you are acting on behalf of a legal entity, then also through a paper document endorsed with a stamp of such entity.

3. CREATION OF AN ACCOUNT

To identify you as you log into the DojiPay System through your Account, your Email address and a login password generated by you as well as data given by you following the Registration and Onboarding Procedures laid down further in the existing Terms and Conditions shall be utilized.

The E-mail address particularized by you and intended for your identification shall be valid throughout the whole period of validity of your Account and cannot be changed. You shall be entitled to modify the login password intended for your identification at any time by taking relevant actions specified on the Website.

Your Account in the DojiPay System will be generated upon specifying your Email address and creating your login password. The creation of the Account will grant you the right to utilize the Website and familiarize yourself with the operation of the DojiPay System, however, this will not be an adequate basis for entering into the Cryptocurrency transactions and relevant services.

You must assure the secrecy of your Account and your login information used to enter into the DojiPay System and must use 2FA. DojiPay shall assume no responsibility for any actions in the DojiPay System that are not started by you and any effects thereof if such actions have been taken and confirmed after logging into the System with your Email address and your password. All the uncertainty regarding the actions indicated in the existing clause or any illegitimate actions made through your Account shall fall exclusively on you.

Actions and procedures for generating your account, registration, and logging into the DojiPay System shall be specified in detail on the Website.

4. LIABILITY LIMITATIONS

The DojiPay System shall allow you to accept Cryptocurrencies and under no circumstances shall assume the responsibility for change in or loss of the value of Cryptocurrency. You should consider the fact that for objective causes the value of Cryptocurrency may vary rather much and it may happen in a rather short period.

IN NO EVENT WILL DOJIPAY BE RESPONSIBLE TO YOU, THE LEGAL ENTITY YOU REPRESENT, OR ANY THIRD PARTY FOR ANY STRAIGHT, INDIRECT, EXTRAORDINARY, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY LOSS, THEFT, DISAPPEARANCE, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM YOUR UTILIZE OF, INABILITY TO UTILIZE, OR UNAVAILABILITY OF THE DOJIPAY SYSTEM, AS WELL AS YOUR RELATIONS WITH YOUR USERS, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT DOJIPAY KNEW THAT SUCH DAMAGE MAY HAVE BEEN INCURRED.

IN NO EVENT WILL DOJIPAY BE LIABLE TO YOU, THE CONSTITUTIONAL ENTITY YOU REPRESENT, OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS, OR DAMAGE RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION, OR OTHER UNAUTHORIZED ACCESS OR UTILITY OF THE SERVICES, YOUR DOJIPAYPAY ACCOUNT, OR ANY DATA CONTAINED THEREIN.

IN NO EVENT WILL DOJIPAY BE LIABLE FOR ANY DAMAGES ARISING IN CONNECTION WITH THE DOJIPAY SYSTEM FEES CHANGES GAINED BY DOJIPAY IN CONNECTION WITH YOUR USE OF THE SERVICES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE ENTIRE EXTENT ALLOWED BY LAW IN THE APPLICABLE JURISDICTION.

YOU AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS DOJIPAY, ITS AFFILIATES, AND ANY COMPANY UNDER GENERAL OWNERSHIP OR CONTROL WITH DOJIPAY OR ITS AFFILIATES, AS WELL AS THE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, AND EMPLOYEES OF THE FOREGOING, FROM ANY CLAIM, LIABILITY, LOSS, EXPENSE OR DEMAND, INCLUDING LEGAL FEES, RELEVANT TO A DISTINCT TRANSACTION, A PURCHASE, PRODUCT, GOOD AND (OR) SERVICE, YOUR ACCESS OR UTILITY OF THE DOJIPAY SYSTEM OR ANY OF THE DATA, MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH THE DOJIPAY SYSTEM.

THE SOFTWARE (DOJIPAY CRYPTO PAYMENT GATEWAY) IS GIVEN “AS IS”, WITHOUT WARRANTY OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING BUT NOT FINITE TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A DISTINCT PURPOSE, AND NON INFRINGEMENT.

IN NO EVENT SHALL THE OWNERS AND DEVELOPERS OF THE SOFTWARE, DOJIPAY EMPLOYEES AND AFFILIATES, COPYRIGHT HOLDERS, OR DOJIPAY BE RESPONSIBLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF, OR IN LINK WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

5. DEVELOPMENT AND MODIFICATION OF DOJIPAY SOFTWARE

We reserve a right to exercise at DojiPay discretion at any time to evolve, enhance, and otherwise change the Website and (or) the applications comprising the DojiPay System or other programs relevant to services provision, the functions and functionality of the Website and (or) of the DojiPay Crypto Payment Gateway and DojiPay Wallet, including (but not restricted to): number of functions (by both increasing and decreasing it), their scope (by both increasing and decreasing it), the procedure for use of the functions, scope of data needed for your identification and identification procedures, etc.

If required and possible, at its own discretion DojiPay will publish information about the differences indicated in this clause on the Website.

We presume no responsibility for any losses and inconveniences to you and any third parties, which may be sustained as an outcome of exercising of DojiPay rights indicated in this clause or are released from such responsibility.

6. INTEGRATION PROCEDURE.APIs

In case you decide to integrate the DojiPay Crypto Payment Gateway, any part thereof, application programming interfaces (APIs) in your website and/or system, you do so at your own complete risk and cost. In no event will DojiPay be liable to you or any third party for any straight, indirect, special, incidental, consequential, exemplary, or punitive damages or any loss, theft, vanishing, or damages for lost profits, lost revenues, lost data, or other intangible losses that outcome from the said integration. DojiPay DevTeam and Technical Support will help in the integration process to clarify it and make it more convenient for the Merchant/Customer.

7. RESTRICTIONS ON AND TERMINATIONS OF PROVISION OF SERVICES

We reserve the right to restrain or terminate provision of services discussed in the Terms and Conditions of the present Agreement to you without any preceding warning as well as to block or delete your Account if you fail to fulfill or improperly attain your obligations specified in Terms and Conditions of the present Agreement and (or) arising from the present Agreement or otherwise violate the provisions of the present Agreement or when provision of respective services to you power threaten the security of the DojiPay or the Website or upon instruction or suggestion from competent public authorities or if such restrictions become compulsory according to legislation or if DojiPay suspect that you utilized the services for illegal, fraudulent and (or) unfair activities or if DojiPay thinks that your use of the services may damage DojiPay fame. If the provision of the services is restricted or terminated as an outcome of suspicion that you are hooked in illegal fraudulent and (or) unfair activities, it is your responsibility to manifest the absence of such a circumstance to us.

We reserve the right to restrain or cease the provision of services at any time without any earlier warning or to impose particular conditions for the use of the services if you are engaged in activities that, in DojiPay opinion, include higher risk.

Other constraints on the provision of services or cases and conditions of application thereof may also be definite on the Website.

8. INFORMATION STORAGE

We undertake to store crucial information relevant to DojiPay Services and Cryptocurrency Transactions via DojiPay System for our own necessities for at least five (5)years in durable media of DojiPay option in encrypted form.

On the other hand, to have proof of actions taken by you or by DojiPay in fulfillment of the existing Terms and Conditions, you should save corresponding data and store it in durable media of your choice.

We undertake to make suitable efforts following customary practice in safekeeping information relevant to the provision of the services (including your data); however, DojiPay cannot warrant total security of the information and data.

9. FEES

Our fees and rates DojiPay will charge you for utilizing the DojiPay Crypto Payment Gateway and Services as well as for other services given under the existing Terms and Conditions, including the remarkable (additional) provisions thereof, shall be designated on the Website. You will have to pay DojiPay for particular transactions in Cryptocurrency and other financial operations within the scope of DojiPay Services at the rates indicated on the Website and appropriate at the moment those transactions are carried out.

DojiPay hereby reserves the right to appeal discounts, at its own discretion, on the fees that are to be charged.

10. CRYPTOCURRENCY TRANSFER THROUGH DOJIPAY

We reserve the right to decide a minimum and (or) maximum amounts of the Cryptocurrency to be purchased in a unique operation indicating such restrictions on the Website. We reserve the right to decide minimum and (or) maximum amounts of the Cryptocurrency to be sold in a unique operation indicating such restrictions on the Website.

11. SCOPE OF SERVICES. ADDITIONAL LIABILITY PROVISIONS

Services provided under the present Section permit you to have and administer the Cryptocurrency Wallet in the DojiPay System as well as acquiring the Cryptocurrency Transactions information. Therefore, under no circumstances DojiPay shall presume the responsibility for any difference in or loss of the value of your Cryptocurrency.

You have to take into account that, for objective reasons, the value of Cryptocurrency may vary remarkably in a rather short time. Therefore, when selling goods and offering services to your Clients, and accepting Cryptocurrency as payment, you should bear in mind that the value of the Cryptocurrency paid may have altered at the moment of the return of the goods. The danger resulting from such value change shall fall on you.

12. COLLECTING CRYPTOCURRENCIES ON YOUR BEHALF

You authorize DojiPay to get Cryptocurrencies, hold, exchange, and disburse them, as well as deduct DojiPay commission on your behalf, and to take any and all actions that find required or desirable to give the DojiPay Crypto Payment Gateway Services or to comply with all relevant law and the existing Agreement. Payments by your customer to DojiPay will be considered the same as payments made straight to you. DojiPay is not empowered to take any action on your behalf, except as stated in the existing Agreement.

About payments/transactions in Cryptocurrencies/Fiat currencies made to you, any legal connections are between you as a merchant and your users making a payment. DojiPay is not a party to connections between you as a merchant and your users making payments in Cryptocurrencies. We do not accept any inquiries, letters, requests, and (or) complaints regarding you, your services, products, activities, and (or) payments/transactions between you as a Dealer and your users.

We collect Cryptocurrencies from the Virtual Currencies Account completely for and on behalf of you.We do not employ any other activities on behalf of you, your representative, agent, or employee.We shall not oversee, monitor, assess, empower (and) or supervise your activities and (or) specific transactions.

The foregoing does not prevent DojiPay from exercising the right to restrain or terminate the provision of services discussed in the Terms and Conditions of the existing Agreement to you at any time according to the terms of the existing Agreement.

13. GENERAL RIGHTS AND OBLIGATIONS
Your Obligations:
  • to act in good trust and adhere to the existing Terms and Conditions as well as other provisions, use the DojiPay System according to the regulations governing its use, and appropriate discharge your financial obligations to us;
  • to immediately (but not later than on the same working day as you become conscious of that) notify DojiPay by the Email address provided on the Website of improperly offered services, of loss, theft, unlawful use, or illegal acquisition of the DojiPay login data, and also of the loss of your smart device used for logging into the DojiPay System;
  • to register in the DojipayPay System only once, except when your account becomes accessible to other persons. In such a case you should give DojiPay in writing with the E-mail and Personal Data of those persons empowering DojiPay to grant them access to your Account;
  • not to use the DojiPay Crypto Payment Gateway and Services for unlawful actions (making unauthorized transactions, fraud, etc.) as well as for activity that may damage DojiPay fame, or for money laundering and terrorist financing.
  • Should you have any uncertainties regarding the compliance of your activity with necessities set out in this clause you must report the nature of your activity to DojiPay and not carry out any transactions in Cryptocurrency until directed otherwise;
  • to take all the reasonable measures required to prevent unlawful disclosure, appropriation, or use of your data relevant to transactions in Cryptocurrency;
  • at all times to comply with all suitable laws and regulations, including but not restricted to anti-money laundering and terrorist financing regulation, personal information protection laws, unfair commercial practices regulations, consumer rights laws, advertising laws.
DojiPay Obligations to you:
  • to act in good trust and with discretion so as to best meet your interests;
  • to strive to allow the intended utility of the Website and the DojiPay Crypto Payment Gateway and DojiPay Wallet, timely take measures to correct the operation errors with the Service provision and (or) the DojiPay Platform and Services;
  • to accurately discharge DojiPay financial obligations to you.
  • Having registered in the DojiPay System you automatically agree to get by Email (to the address given at the time of registration) from DojiPay data relevant to transactions in Cryptocurrency, including several offers to acquire additional services, products, etc.
  • You may revoke your agreement to get news, promotions, update information, etc. at any time by submitting a corresponding alert to DojiPay in the manner defined on the Website.
14. YOUR ASSURANCES AND GUARANTEES

By utilizing the Website and the DojiPay Crypto Payment Gateway, you hereby shall ensure that the information and data given by you:

  • is precise, accurate, up to date, and not misleading;
  • is free of viruses or other computer programs or files that could interfere with the usual functioning of the DojiPay Platform and/or relevant applications.
Amendments to the existing Terms and Conditions.

DojiPay hereby reserves the right to exercise at its own discretion at any time to revise the existing Terms and Conditions by publishing an updated text of the Terms and Conditions on the Website. If after the publishing of the updated text of the Terms and Conditions on the Website you will pursue entering into the transactions with the Cryptocurrency, it shall be considered that you agree with the revised Terms and Conditions and you tackle to be bound by them.

15. INTELLECTUAL PROPERTY RIGHTS

Any agreements or other transactions entered into based on the existing Terms and Conditions shall not be the authority agreements. DojiPay and you shall not transfer or grant any copyright or the rights relevant hereto to each other, except for the right to use DojiPay related applications discussed in the existing Terms and Conditions or other computer programs that are given to you to allow you to log into the DojiPay System and enter into suitable transactions relevant to the Cryptocurrency following the license agreements (package licenses) accompanying corresponding application or another computer program.

16. CONFIDENTIALITY

Both DojiPay and you shall commit not to reveal any secret information that comes to our/your knowledge about the existing Agreement. This commitment shall be provided for an unlimited period. The provision of confidentiality shall not apply when the information is given by any of the Parties to its lawyers, auditors, or other persons requested by that Party for the performance of the agreements given for in the Terms and Conditions of the existing Agreement and obliged by law or written documents to esteem the provision of confidentiality, as well as to supervisory bodies and other powers that have a right to access this data following the conditions set out by the law.

We shall automatically examine confidential the data on the content of transactions with the Cryptocurrency, security conditions related to the transactions with the Cryptocurrency, technical data, know-how, trade confidences relevant to activities of any of the Parties, and any other non-public information of the other Party that has been defined as intimated by such Party, and you shall be needed to consider it confidential as well.

17. PERSONAL DATA LEGAL PROTECTION

We will collect, utilize, store, and otherwise process data about you as described in detail by the DojiPay Privacy Policy available on the Website and updated from time to time, as well as other provisions of the existing Agreement. You have to familiarize yourself with the Privacy Policy before executing the existing Agreement. In case you find the Privacy Policy or any parts thereof ambiguous or incomprehensible, please refer to DojiPay Data Protection Officer, as explained by the Privacy Policy, before executing the existing Agreement and he/she will help you.

By way of executing the existing Agreement, you acknowledge and understand the Privacy Policy.

We implement relevant technical and organizational measures to preserve personal data against accidental or illegal destruction or accidental loss, change, unauthorized disclosure, or access, in distinct where the processing includes the transmission of data over a network, and against all other illegal forms of processing.

You are obliged to notify DojiPay in writing promptly in case any information held about you is incorrect or not up to date or you believe that any of the information about you is gathered, used, and stored by DojiPay in a manner not compliant with appropriate laws.

By accepting the existing Agreement, you or Legal Entity you represent, as a data controller, empower us, as a data processor, to process personal data controlled by you and entrusted to DojiPay (data about your representatives and purchasers) on your behalf and according to your instructions for the individual purpose of giving you with the DojiPay Crypto Payment Gateway Services and DojiPay Wallet.

18. VALIDITY OF THE TERMS AND CONDITIONS

Should any provision of the existing Terms and Conditions appear to conflict with mandatory law and therefore null and void, this shall not make all the Terms and Conditions or the agreements ended on the basis thereof null and void. In such a case DojiPay shall undertake to restore the null and void provision of the existing Terms and Conditions with economically and legally nearest its same.

19. SUBMISSION OF COMPLAINTS AND CLAIMS

You may submit your complaints and claims concerning failure to perform or undue performance of the provisions of the existing Terms and Conditions to DojiPay by Email.

20. FINAL PROVISIONS

DojiPay may declare and amend the existing Terms and Conditions as well as the existing Agreement from time to time and all the changes and/or amendments shall be an integral part of the existing Agreement and become valid at the time of its publishing with or without earlier notification.