DtPay Payment Service – Terms and Conditions
These DtPay Payment Service Terms And Conditions (these “Terms” or these “Terms And Conditions”) contained herein on this webpage, shall govern your use of DtPay Payment Service (“DtPay”), including all functions and services of DtPay. These Terms apply in full force and effect to your use of DtPay, and by using DtPay, you expressly accept all terms and conditions contained herein in full. You must NOT use DtPay, if you have any objection to any of these Terms And Conditions. DtPay is NOT for use by any entity without an effective Merchant Agreement, and you must not use DtPay if you are NOT any authorized entity. These Terms shall not supersede the Merchant Agreement.
2. Intellectual Property Rights
Other than content you own, which you may have opted to include on DtPay, under these Terms, Datanium Technology Limited and/or its licensors own all rights to the intellectual property and material contained in DtPay, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on DtPay.
You are expressly and emphatically restricted from all of the following:
1. publishing any DtPay material in any media;
2. selling, sublicensing and/or otherwise commercializing any DtPay material;
3. publicly performing and/or showing any DtPay material;
4. using DtPay in any way that is, or may be, damaging to DtPay;
5. using DtPay in any way that impacts user access to DtPay;
6. using DtPay contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to DtPay, or to any person or business entity;
7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to DtPay, or while using DtPay;
8. using DtPay to engage in any advertising or marketing;
Certain areas of DtPay are restricted from access by you and Datanium Technology Limited may further restrict access by you to any areas of DtPay, at any time, in its sole and absolute discretion. Any user ID and password you may have for DtPay are confidential and you must maintain confidentiality of such information.
4. Your Content
In these Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to input, upload or display on DtPay. With respect to Your Content, by displaying it, you grant Datanium Technology Limited a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing on any third party’s rights. Datanium Technology Limited reserves the right to remove any of Your Content from DtPay at any time, and for any reason, without notice.
5. No warranties
DtPay is provided “as is,” with all faults, and Datanium Technology Limited makes no express or implied representations or warranties, of any kind related to DtPay or the materials contained on DtPay. Additionally, nothing contained on DtPay shall be construed as providing consult or advice to you.
6. Limitation of liability
In no event shall Datanium Technology Limited, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of DtPay, whether such liability is under contract, tort or otherwise, and Datanium Technology Limited, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of DtPay.
You hereby indemnify to the fullest extent DtPay from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms
Datanium Technology Limited is permitted to revise these Terms at any time as it sees fit, and by using DtPay you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of DtPay.
Datanium Technology Limited shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Entire Agreement
These Terms, including any legal notices and disclaimers contained on DtPay, constitute the entire agreement between Datanium Technology Limited and you in relation to your use of DtPay, and supersede all prior agreements on governing the use of DtPay and understandings with respect to the same.
12. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (“HKSAR”), and you submit to the non-exclusive jurisdiction of the courts located in HKSAR for the resolution of any disputes.
Last Updated: 2018-10-02