1. THIS IS YOUR CONTRACT WITH US. Read this Agreement carefully and keep it for your records. By participating in the Program in any manner, you agree to the terms of this Agreement and agree that you will comply with all applicable laws. THIS AGREEMENT INCLUDES A PROVISION (SEE SECTION __ BELOW) REQUIRING ARBITRATION OF ALL DISPUTES ARISING FROM THIS AGREEMENT AND YOU’RE WAIVING THE RIGHT TO ASSERT CLASS OR GROUP CLAIMS.
You may not use the Account to engage in any other transaction except for the Transactions as described in this Agreement. Subject to the other terms and provisions set forth in this Agreement, we reserve the right to modify or cancel the Products and Services offered at any time without notice to you, and we may implement fraud monitoring controls that may reduce cash access or spending limits to protect our Members.
2. USE OF OUR SITE/ACCOUNT MEMBERSHIP. In order to Use our Site to make purchases or products and/or services, you must be a U.S. citizen or legal permanent resident of the United States of at least 18 years of age (provided that certain Merchants or Third Party Service Providers may impose greater age restrictions to access their sites or purchase their products or services). You represent and warrant that: (a) all required registration information you submit is truthful and accurate and (b) you will maintain the accuracy of such information. We reserve the right to terminate the products and/or services offered at any time and close the Accounts of any Member who has opened multiple Accounts or registered multiple times for without notice and in our sole discretion. Notwithstanding anything to the contrary in this Agreement, we are under no obligation to provide any services to any applicant or Member and may decline any application to participate in any of our products or service offerings at our sole discretion.
(a) Use of Your Account. You acknowledge and agree that you may not use your Account for any illegal purpose or for any purpose that violates any of D&Y TRADING LLC (Company’s name ) polices.
(i) Refund Rights
You may request a refund of the principal amount of your transaction if the product or service is not provided or shipped within fourteen (14) days of the date that we receive all necessary information and payment for funds and services. To request a refund, you may mail your written request to D&Y Tradling LLC, 8 The Green, Suit A, Dover, DE, 19901, or by contacting us at firstname.lastname@example.org or +1(949)-346-6900
CONSENT FOR ELECTRONIC DISCLOSURES.
(b) In order for your Account to be activated, we must have your consent to provide access to required disclosures in electronic format. If you do not consent to electronic disclosure of these documents, then you may not participate in the Program. Your consent applies to all of the documents we provide to you electronically in connection with the Program, including periodic statements and notices.
(c) If you consent to electronic access to documents, we are not required to provide you with paper copies and may assess a charge, as described elsewhere in this Agreement or as we otherwise may prescribe, to provide any such paper copies to you. You may obtain Account documents in paper form without charge by printing them yourself. If you decide to withdraw your consent for electronic disclosures, you must notify us at D&Y Tradling LLC, 8 The Green, Suit A, Dover, DE, 19901. Such notice will constitute notice of termination of your Account and participation in the Program.
4. FEES. We charge you certain fees (the “Fees”) for your use of our products and/or services. All Fees are set forth in a separate fee schedule available at ___ (link to where customer can see Company’s fee Schedule) (hereinafter the “Fee Schedule”). The Fee Schedule is subject to change at our sole discretion at any time without prior notice to you, except that prior to authorizing any Transaction, you will be advised online of the Fees applicable to such Transaction. In addition to the Fees payable in connection with a Transaction, we may charge you Fees for chargebacks, returned items and other problems or delays we encounter in processing Transactions that you request, due to insufficient funds being available in your Account or other insufficient, incorrect or incomplete information you provide to us. All Fees are due immediately.
5. PERSONAL INFORMATION AND PRIVACY.
(a) You are required to keep the information associated with your Account accurate and up to date. Continued use of your Account with inaccurate information may be regarded by us as a breach of this Agreement and may result in termination of your Account. You agree that we may require you to provide additional information at any time in order to participate in our Program. From time to time, we also may obtain information from third parties (including but not limited to credit or identity verification information) to ensure you are authorized to use your Funding Source(s), verify that your Funding Source(s) is/are in good standing or otherwise verify your ability to participate in the Program in accordance with this Agreement.
6. OUR LIABILITY TO YOU. Except as otherwise provided in this Agreement, you shall be entitled to a refund in the amount of any unauthorized or incorrectly executed transaction completed from your Account and, where applicable, restoration of your Account to the state in which it would have been had the unauthorized or incorrectly executed transfer not taken place. However, there are some exceptions. Neither we nor any of our respective agents or subcontractors will be liable:
(a) for losses or damages alleged to result from our failure properly to complete a Transaction (other than as noted herein);
(b) for losses or damages alleged to result from our delay in completing a Transaction;
(c) if, through no fault of ours, you do not have enough money in your bank or third party wallet accounts to make payment for a Transaction;
(d) If the terminal or system was not working properly and you knew about the breakdown when you started the Transaction;
(e) For losses or damage arising from your misuse or inability to use our website (including but not limited to your failure to keep your Account information secure), whether due to reasons within our control or not;
(f) If we are prohibited by law from completing the Transaction or for losses or damage caused as a result of actions taken due to our obligations under applicable law or order; or
(g) Due to circumstances beyond our control (such as failure or interruption of telecommunications or data transmission systems) that prevent or affect the Transaction, despite reasonable precautions that we have taken.
7. DISCLAIMERS OF LIABILITY.
(a) EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR THIS AGREEMENT, (i) IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES FOR DELAY, OR NON-DELIVERY, OF A PRODUCT OR SERVICE, WHETHER CAUSED BY AN ACT OR OMISSION OF D&Y Trading LLC, ITS EMPLOYEES, AGENTS, SERVICE PROVIDERS OR OTHERWISE, AND (ii) THE SOLE REMEDY AVAILABLE TO YOU FROM D&Y TRADING LLC OR ITS AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO A REFUND TO THE CUSTOMER OF THE PRINCIPAL OF THE PAYMENT TRANSACTION AMOUNT, PLUS ASSOCIATED FEES.
(b) IN PROVIDING THE PROGRAM TO YOU, NEITHER WE, NOR ANY OF OUR AGENTS, SERVICE PROVIDERS OR SUBCONTRACTORS, MAKE ANY EXPRESS REPRESENTATIONS OR WARRANTIES TO YOU WITH RESPECT TO THE PROGRAM EXCEPT AS SET FORTH IN THIS AGREEMENT, AND ALL IMPLIED AND STATUTORY REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED BY US TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
(c) IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER BASED ON NEGLIGENCE, WILLFUL MISCONDUCT, TORT, CONTRACT OR ANY OTHER THEORY OF LAW, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, FAILURE TO REALIZE EXPECTED REVENUES OR SAVINGS, LOSS OF PROFITS OR ANY ECONOMIC OR PECUNIARY LOSS.
(d) WE FURTHER DISCLAIM ANY AND ALL LIABILITY FOR ANY GOODS OR SERVICES BOUGHT OR SOLD BY YOU THAT ARE SETTLED THROUGH YOUR PARTICIPATION IN THE PROGRAM.
8. DISPUTES BETWEEN YOU AND ANY PROVIDER OF GOODS OR SERVICES OUTSIDE OF THIS AGREEMENT
You acknowledge and agree that:
(a) any dispute between any you any third party regarding any product or service order or purchased by you through the Program, shall be solely between you and such third party, and D&Y TRADING LLC shall not be a party to any resulting dispute, including any dispute concerning such third party’s performance or any claim by you with respect to the delivery, quality, quantity, legality or use of the products and services offered by such third party; and
(b) you shall defend, indemnify and hold harmless D&Y TRADING LLC and its affiliates, agents and service providers against any claim by any third party relating to your purchase or any products and services from such third party through the Program.
9. ERRORS, COMPLAINTS AND UNAUTHORIZED TRANSACTIONS
(a) How to notify us regarding errors and unauthorized Transactions: You should contact us immediately if you believe that (i) there has been an error in one or more of your Transactions, (ii) your login email or password has been compromised or (iii) someone has made (or will make) an unauthorized transfer of funds using your Account. You may be held liable for an unauthorized transfer depending on when you notify us of such unauthorized transfer. If you do not notify us of an unauthorized transfer within sixty (60) days after we make available to you a statement on which the unauthorized transfer first appears, you may be held completely liable for the unauthorized transfer.
(b) How we resolve errors and unauthorized transactions: We will advise you of the results of our investigation within ten (10) business days after you have provided us with the notification described above. However, if we need more time, we may take up to 45 days to investigate your inquiry. If we ask you to put your complaint or question in writing and we do not receive your response within ten (10) business days, we shall have the right to not credit your Account.
(i) For errors involving new Accounts or point-of-sale transactions (if applicable), we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.
(ii) Within three (3) business days after our investigation has concluded, we will advise you of the results of our investigation. If we determine that there was no error or unauthorized transaction, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
10. TERMINATION. At any time and without prior notice, we may revoke or cancel your participation in the Program and thereby terminate this Agreement. You may terminate this Agreement at any time by contacting customer email@example.com or +1(949)-346-6900 Termination, whether by you or by us, shall not affect any prior Transactions or obligations relating to your Account existing at the time of termination. Upon termination, we will arrange to transfer any remaining funds in your Stored Value Balance to you.
11. BREACH OF THE AGREEMENT. If you conduct or attempt to conduct any Transaction in violation of this Agreement, we reserve the right to reverse the Transaction, revoke or suspend your participation in the Program, and report the Transaction to the relevant law enforcement agency. We also reserve the right to recover damages to the maximum extent permitted by applicable law and to charge an administrative fee commensurate to the costs we have incurred in connection with your illicit activity.
12. ASSIGNMENT. You may not transfer or assign this Agreement to any other person without our prior written consent, which consent may be withheld in our sole and absolute discretion. We may assign our obligations to you under this Agreement without your consent or any prior notice.
13. AGENTS AND SERVICE PROVIDERS. We may employ agents or service providers to perform services for us in connection with this Agreement. For example, we have retained Paysafe to perform certain functions for us, as described in Section 3 above. All such services are performed at our direction and subject to our supervision and control.
14. AMENDMENT. We may amend this Agreement at any time by delivering written notice of such amendment to the email address you have provided to us in connection with your registration in the Program, or by posting any such amendment on our website. You will be given at least twenty-one (21) days’ notice prior to the effective date of any amendment that results in an increase in your liability, a reduction in services offered by the Bank, or stricter limitations on Transactions or withdrawal rights.
15. GOVERNING LAW, ARBITRATION OF DISPUTES AND WAIVER OF CLASS CLAIMS.
(a) This Agreement and any complaint, claim or controversy arising out of or relating thereto, including any complaint, claim or controversy against us in connection with the Program (collectively, a “Claim”), are governed by the laws of the United States and the state of D&Y Tradling LLC, 8 The Green, Suit A, Dover, DE, 19901 without regard to conflicts or choice of laws principles, whether or not you live in DELAWARE .
(b) Any Claim about us or the Program should be addressed to us in the first instance by contacting Customer Service at (Number or email of customer support/services) . You should clearly indicate that you are wishing to make a Claim to us. This helps us to distinguish a Claim from a mere inquiry. We will then send you a Claim acknowledgement electronically within forty-eight (48) hours of receiving your Claim in accordance with our Claim procedure. You may request a copy of our Claim procedure at any time by contacting Customer Service.
(c) If not resolved pursuant to the Agreement sections above, any Claim, including questions involving the scope, interpretation or enforceability of this Agreement, will be settled by binding individual arbitration administered by the American Arbitration Association pursuant to its then-current Consumer Arbitration Rules (available at www.adr.org/Rules), and will be arbitrated in D&Y Tradling LLC, 8 The Green, Suit A, Dover, DE, 19901, unless you elect to waive any in-person hearing or to conduct proceedings electronically (telephonically or via video conference, if available). Each party will bear its own attorneys’, experts’ and witness fees. Arbitration proceedings may not be consolidated with those of other Members. Neither party will have the right to participate as a member of any class of claimants pertaining to any Claim, and each party expressly waives its right to assert or to participate as a part of any group, class, representative or consolidated claim. Third parties’ claims will not be joined in any arbitration between the parties. This Section 26 is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. 1-16. Except to the extent needed to enforce this Section 26 or any arbitral award issued hereunder, the parties waive all rights to a court or jury trial to resolve any claims.
16. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be deemed to be modified to the minimum extent necessary to make it valid and enforceable and the rest of this Agreement will not be affected.