Terms & Policies

Updated on July, 31 2019

Terms

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THE DIVDOT PLATFORM MAY BE USED BY YOU TO COLLECT PAYMENT WITH CUSTOMERS. YOU AGREE THAT DIVDOT HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY BUSINESS OPERATIONS PROVIDED BY YOU TO CUSTOMERS. WE TAKE NO RESPONSIBILITY FOR THE FAILURE OF A CUSTOMER TO PAY YOUR BUSINESS. IN NO EVENT WILL DIVDOT HOLDINGS LTD, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “DIVDOT” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE DIVDOT PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF ALTERNATIVE PAYMENT METHODS) ARISING OUT OF OR IN CONNECTION WITH THE DIVDOT PLATFORM, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These terms of service constitute a legally binding agreement (the “Agreement”) between you and DivDot Holdings LTD. (“DivDot,” “we,” “us” or “our”) governing your use of the DivDot application, website, and technology platform (collectively, the “DivDot Platform”).

PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND DIVDOT HAVE AGAINST EACH OTHER CAN BE BROUGHT THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST DIVDOT TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A SERVICE PROVIDER OR SERVICE PROVIDER APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN THIS AGREEMENT.

By entering into this Agreement, and/or by using or accessing the DivDot platform you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in this agreement) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE DIVDOT PLATFORM. If you use the services of DivDot or its affiliates in another country, by using the DivDot Platform in that country you agree to be subject to DivDot’s terms of service for that country.


The DivDot Platform
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The DivDot Platform provides payment processing mechanisms. DivDot will transmit finds via a banking partner.


Modification to the Agreement
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In the event DivDot modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. DivDot reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the DivDot Platform or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).


Eligibility
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The DivDot Platform may only be used by individuals who can form legally binding contracts under applicable law. The DivDot Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.


Charges
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As a User, you understand that payments result in charges to you (“Charges”). Charges include DivDot transaction Fees. DivDot has the right to change transaction fees at any time.

* Transactional Charges. Transactional Charges are charged on the first of each month for the previous months transactions

General.

* No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the DivDot Platform, any disruption to the DivDot Platform or Services, or any other reason whatsoever.


Restricted businesses
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The following categories of businesses and business practices are restricted from using the DivDot Service. The types of businesses listed are representative, but not exhaustive.

Financial and professional services

* Investment & credit services

Securities brokers; mortgage consulting or debt reduction services; credit counselling or repair; real estate opportunities; lending instruments

* Money and legal services

Money transmitters, check to cash, wire transfers, money orders; currency exchanges or dealers; bail bonds; collections agencies; law firms collecting funds for any purpose other than to pay fees owed to the firm for services provided by the firm (e.g., firms cannot use DivDot to hold client funds, collection or settlement amounts, disputed funds, etc.)

* Virtual currency or stored value

Virtual currency that can be monetized, resold, or converted to physical or digital products and services or otherwise exit the virtual world (e.g., Bitcoin); sale of stored value or credits maintained, accepted and issued by anyone other than the seller

IP Infringement, regulated or illegal products and services

* Intellectual property or proprietary rights infringement

Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; any product or service that directly infringes or facilitates infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party; use of DivDot intellectual property without express consent from DivDot; use of the DivDot name or logo including use of DivDot trade or service marks inconsistent with the DivDot Marks Usage Agreement, or in a manner that otherwise harms DivDot or the DivDot brand; any action that implies an untrue endorsement by or affiliation with DivDot

* Counterfeit or unauthorized goods

Unauthorized sale or resale of a brand name or designer products or services; sale of goods or services that are illegally imported or exported

* Gambling

Lotteries; bidding fee auctions; sports forecasting or odds-making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance

* Regulated or illegal products or services

Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online pharmacies; age-restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis; goods or services, the sale of which is illegal under applicable law in the jurisdictions to which your business is targeted or directed

* Adult content and services

Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per-view, adult live chat features

Unfair, predatory, or deceptive practices

* Get rich quick schemes

Investment opportunities or other services that promise high rewards

* Mugshot publication or pay-to-remove sites

Platforms that facilitate the publication and removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm

* No-value-added services

Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers
Products or services that are otherwise restricted by our financial partners

* Aggregation

Engaging in any form of licensed or unlicensed aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds

* Drug paraphernalia

Any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs

* High-risk businesses

Bankruptcy lawyers; computer technical support; psychic services; travel reservation services and clubs; airlines; cruises; timeshares; prepaid phone cards, phone services, and cell phones; telemarketing, telecommunications equipment and telephone sales; drop shipping; forwarding brokers; negative response marketing; credit card and identity theft protection; the use of credit to pay for lending services; any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies; any business or organization that a. engages in, encourages, promotes or celebrates unlawful violence or physical harm to persons or property, or b. engages in, encourages, promotes or celebrates unlawful violence toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic

* Multi-level marketing

Pyramid schemes, network marketing, and referral marketing programs

* Pseudo pharmaceuticals

Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body

* Social media activity

Sale of Twitter followers, Facebook likes, YouTube views, and other forms of social media activity

* Substances designed to mimic illegal drugs

Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom)

* Video game or virtual world credits

Sale of in-game currency unless the merchant is the operator of the virtual world

* Use of DivDot in a manner inconsistent with its intended use or as expressly prohibited in the DivDot Services Agreement


Intellectual Property
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All intellectual property rights in the DivDot Platform shall be owned by DivDot absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the DivDot Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of DivDot. DivDot shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

DIVDOT and other DivDot logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of DivDot in Canada and/or other countries (collectively, the “DivDot Marks”). If you provide Services as a Service Provider, DivDot grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the DivDot Marks solely in connection with providing the Services through the DivDot Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without DivDot’s prior written permission, which it may withhold in its sole discretion. The DivDot Marks may not be used in any manner that is likely to cause confusion.

You acknowledge that DivDot is the owner and licensor of the DivDot Marks, including all goodwill associated therewith, and that your use of the DivDot Marks will confer no additional interest in or ownership of the DivDot Marks in you but rather inures to the benefit of DivDot. You agree to use the DivDot Marks strictly in accordance with DivDot’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that DivDot determines to nonconforming or otherwise unacceptable.

You agree that you will not: (1) create any materials that use the DivDot Marks or any derivatives of the DivDot Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by DivDot in writing; (2) use the DivDot Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the DivDot Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair DivDot’s rights as owner of the DivDot Marks or the legality and/or enforceability of the DivDot Marks, including, challenging or opposing DivDot’s ownership in the DivDot Marks; (4) apply for trademark registration or renewal of trademark registration of any of the DivDot Marks, any derivative of the DivDot Marks, any combination of the DivDot Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the DivDot Marks; (5) use the DivDot Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.

Violation of any provision of this License may result in immediate termination of the License, in DivDot’s sole discretion. If you create any materials bearing the DivDot Marks (in violation of this Agreement or otherwise), you agree that upon their creation DivDot exclusively owns all right, title and interest in and to such materials, including any modifications to the DivDot Marks or derivative works based on the DivDot Marks. You further agree to assign any interest or right you may have in such materials to DivDot, and to provide information and execute any documents as reasonably requested by DivDot to enable DivDot to formalize such assignment.

DivDot respects the intellectual property of others, and expects businesses to do the same.


Provincial and Local Disclosures
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Certain jurisdictions require additional disclosures to you.


Limitation of Liability
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IN NO EVENT WILL DIVDOT, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “DIVDOT” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE DIVDOT PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE PAYMENT TRANSMISION) ARISING OUT OF OR IN CONNECTION WITH THE DIVDOT PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DIVDOT PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE, PAYMENTS, BUT YOU AGREE THAT DIVDOT HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY, PAYMENTS BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.


DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
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(a) Agreement to Binding Arbitration Between You and DivDot.

YOU AND DIVDOT MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with DivDot ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. This Arbitration Agreement applies to all Claims between you and DivDot, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND DIVDOT ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

(b) Prohibition of Class Actions and Non-Individualized Relief.

YOU UNDERSTAND AND AGREE THAT YOU AND DIVDOT MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND DIVDOT BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.

General Counsel

DivDot Holdings LTD.

(c) Optional Pre-Arbitration Negotiation Process.

Before initiating any arbitration or proceeding, you and DivDot may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and DivDot. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.


Confidentiality
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You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to DivDot’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, contact information and photo (“Confidential Information”) disclosed to you by DivDot for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of DivDot in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to DivDot with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by DivDot or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of DivDot; becomes known to you, without restriction, from a source other than DivDot without breach of this Agreement by you and otherwise not in violation of DivDot’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to DivDot to enable DivDot to seek a protective order or otherwise prevent or restrict such disclosure.