Legal

DigiTrade Buyer Terms and Conditions

DigiTrade US Corp. (EIN: 99-1644998), a company incorporated under the laws of Delaware, United States (“Company”). By accessing and/or using DigiTrade, you (“Buyer”) expressly acknowledge and represent that you have carefully read, understood and accepted the terms (“Terms”) in its entirety as a legally binding agreement between yourself and the Company.

• General

  • The Company is a wholly owned subsidiary of Tazapay PTE. LTD. which  owns and operates the digital interface and related technology that enables Sellers to process Transactions, and the Company to facilitate the payment collection, settlement, and related financial processes through the Company’s payment partners. This Platform serves as the environment through which the Company performs its Agent of the Payee and intermediation services on behalf of the Seller in connection with the acceptance and processing of payments for Transactions. ("Tazapay" or "Platform") https://dashboard.tazapay.com/
  • The version of the Terms currently in force will be available through Tazapay and on the official website of the Company at https://digitrade.app/ ("Website"). These Terms will be updated if it is necessary due to legal changes, regulatory instructions, security updates, changes of the functionalities and features of the Platform and similar changes. Any  updates to the Terms shall be notified at least 15 days before implementation.
  • In interpreting the Terms, the intention and purpose behind the specific paragraph or paragraphs must be taken into consideration.

• Definitions and Interpretation

  • Unless the context otherwise requires, the following definitions shall apply:
    
    1. “Buyer” means You - the Person buying the Products or Services from the Payee/Seller.
       
    2. “Claims” means an obligation arising from a suit, demand, loss claim, liability claim, damage claim, action, or legal proceeding.
       
    3. “Fraud” means all types of frauds such as theft or deliberate falsification of identity, accounts and account credentials, data, documents, description of actual events, collusion etc.
       
    4. “Losses” shall mean tangible losses such as penalties, fines, liabilities, damages, indemnities, costs or expenses (including any direct, indirect, incidental, special, consequential, or punitive damages or economic loss or any Claims for loss of profits or loss of use), or intangible losses such as adverse actions from regulators, governments and government agencies, or loss of reputation or brand value.
       
    5. “Merchant of Record” or “MOR” means DigiTrade US Corp., acting as the duly appointed Agent of the Payee, for the limited purpose of concluding the Transaction and collecting payment on behalf of the Payee/Seller.
       
    6. "Person" means an individual, corporation or such other legal entity as the context requires.
       
    7. "Privacy Policy" means the Company's privacy policy which can be found at Privacy Policy.
       
    8. "Seller" means the Person selling the Products or Services to you, also referred to as the “Payee”.
       
    9. “Transaction” means the underlying sale or purchase of Products or Services for which you wish to use Payment Processing Services.
       

• Relationship

  • You are accepting the Terms because you are doing a Transaction with a Payee/Seller and your Payee/Seller has appointed the Company to act as Merchant of Record (MOR), in its capacity as the Agent of the Payee, to negotiate and conclude sales contracts with you in the name of the Payee/Seller and on its behalf. The Company acts only for the Payee/Seller and not for you in relation to the Transaction.
  • Pursuant to the Company’s appointment as an Agent of the Payee, your payment obligations as owed to the Payee/Seller under a Transaction shall be discharged upon payment to the Company.
  • In case of any dispute, chargeback or refund related to the Transaction, you can contact our customer service below:
    • Email: support@digitrade.live
  • The Company in cooperation with its payment service providers has the right to (a) decline the payment for the Transaction, or (b) hold the payment for the Transaction (c) reverse the payment for Transaction within 180 days from the payment, or (d) ask you for proof of identity in the event (i) the Company is suspicious or becomes aware of suspicious activity relating to the Transaction, or (ii) where the Company is required to do so by law or court order.
  • The Company has the right to change the reference rate source to be used for currency conversions from time to time in line with prevailing market practices.  The settlement period for such currencies can vary significantly during periods of high illiquidity due to market disruptions or a Force Majeure. You agree and accept that these situations are beyond the Company’s control, and there will be delays in collections, conversion and settlements in such events. The Company has the right to refund the funds collected from you and reverse any Transaction processed after the Force Majeure event.

• Buyer Protection

  • When you buy the Products or Services from the Payee/Seller, you are eligible for coverage under the Company's Buyer Protection (www.digitrade.app/buyer-protection) program if certain conditions are met. You have to make a refund claim by sending the claim details to buyerprotection@tazapay.com and quoting Tazapay transaction number. Buyer Protection entitles you to receive a full refund. The Company determines, in its sole discretion, whether your claim qualifies for the Buyer Protection. The Company's original determination is considered final, but you can file an appeal with the Company if you have new or compelling information not available at the time of original determination or you believe that there was an error in the decision-making process.
  • Notwithstanding the above, you may be required to return the goods purchased to the Payee/Seller or other Party we specify as part of settlement of your claim. Buyer Protection does not cover shipping costs that you may incur.
  • The Buyer Protection covers the following circumstances:
    • You did not receive your item from the Payee/Seller (referred to as an "Item Not Received" claim)
    • You received an item, but the item isn't what you ordered (referred to as "Significantly Not as Described" claim)
    • You did not authorise the payment for the item (referred to as "Unauth" claim)
  • To be eligible for the Buyer Protection, you must meet all of the following requirements:
    • You respond to the Company's request for documentation and other information within the time requested.
    • You have made an attempt to contact the Payee/Seller to resolve your issue directly before filing for a refund claim under Buyer Protection.
    • You file a refund claim under Buyer Protection within 180 days of the date of purchase.
    • You have not received a recovery or agreed to an alternative resolution related to such purchase with the Payee/Seller.
    • If the payment for the purchase was not an unauthorized payment by you, you have made a refund claim under Buyer Protection within 60 days of the date of payment.
  • Acceptance criteria and exclusions
    • Your Claim will not qualify for a Refund under Buyer Protection for an Item Not Received if:
    • You collect the item in person or arrange for it to be collected on your behalf.
    • The Payee/Seller has provided proof of shipment or proof of delivery to your address.
  • An item is considered Significantly Not as Described if:
    • The item is materially different from the Payee/Seller's description.
    • You received a completely different item.
    • The condition of the item was misrepresented. For example, the item was described as "new" but the item was used.
    • The item was advertised as authentic but is not authentic (i.e. it is counterfeit).
    • The item was delivered with missing major parts or features and those facts were not disclosed in the description of the item when you bought it.
    • You purchased a certain number of items but didn't receive them all.
    • The item was damaged during shipment.
    • The item is unusable in its received state and was not disclosed as such.
  • An item may not be considered Significantly Not as Described if:
    • The defect in the item was correctly described by the Payee/Seller in its description of the item.
    • The item was properly described but you didn't want it after you received it.
    • The item was properly described but did not meet your expectations.
    • The item has minor superficial issues that do not hinder the functionality and usability of the item.
    • You were aware that the item you are buying is a used item or a counterfeit item.
    • The item you bought was customized for your needs.
    • The item sold was in violation of our policies.
  • Your Claim will not qualify for a Refund under Buyer Protection for an Item Not Received if:
    • You collect the item in person,or arrange for it to be collected on your behalf.
    • The Payee/Seller has provided proof of shipment or proof of delivery to your address.
      

• Consumer Rights on Returns and Cancellations

  • Any statutory rights of cancellation, withdrawal or return you may have under applicable consumer law apply directly between you and the Payee/Seller. DigiTrade will, where necessary, facilitate the related payment refund once instructed by the Payee/Seller or required by law. The Buyer Protection program described above is in addition to, and does not limit, any such rights.
    

• Amendments to the Terms

  • The Company may, from time to time, amend, restate or supplement the Terms at the sole discretion of the Company, including to take into account future developments such as change in industry trends and/or any changes in legal and/or regulatory requirements applicable to the Company.
    
  • Any amendment, restatement or supplement to the Terms shall be available through Tazapay and your account and, unless stated otherwise, shall be effective and binding on you upon publication or at such time as may be prescribed by the Company.
    

• Submission of Data

  • It shall be your sole responsibility to ensure that any data, document or other information, whether electronic otherwise, that you submit to the Company is complete, true and accurate in all respects at all times;
    • where applicable, is provided within reasonable time;
    • is not false, misleading or deceptive in any respect at all times; and
    • does not omit anything that affects or is likely to affect the meaning or significance of such data, document or other information in any respect at all times.
      

• Compliance with the Terms and applicable laws

  • In accessing and/or using Tazapay and/or the Services, you agree that it is your sole responsibility to ensure your compliance with the following at all these Terms;
  • all applicable laws and regulations (whether in or out of Delaware); and with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products & Services through the Platform, as well as any amendments to the aforementioned, issued by Tazapay (whether as part of use of the Platform or in relation to the purchase of Products & Services, on behalf of Payee/Seller), from time to time.
  • Tazapay reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their acceptance.

• Buyer Fraud

  • You agree not to engage in any fraudulent or deceptive activity in connection with your purchase, including but not limited to:
    • Providing false or inaccurate information to the Company, including but not limited to name, address, credit card information, or bank account information;
    • Using stolen credit cards or other payment methods to make payments to the Payee/Seller.;
    • Filing fraudulent chargebacks;
    • Reversing payments after the Products or Services have been received;
    • Engaging in any other activity that is designed to defraud the Company or its Payee/Sellers.
  • If the Company suspects that you have engaged in any fraudulent activity, the Company reserves the right to take legal and other actions as appropriate.

• Records

  • You acknowledge and agree that any records created and maintained by the Company of the communications, transactions, instructions and/or operations made or performed, processed or effected through Tazapay by you or any person purporting to be you, acting on your behalf or purportedly acting on your behalf, with or without your consent, shall be binding on you for all purposes and shall be conclusive evidence of such communications, transactions, instructions and/or operations.

• Indemnity

  • You expressly agree to indemnify, defend, save and hold harmless the Company and all relevant Persons from all liabilities, claims and Losses arising out of or in connection with:
    • any breach by you of these Terms or any applicable laws or regulations;
    • any wrongful, negligent act and/or omission by you in connection with the Company and/or the Terms;
    • any fraudulent or deceptive activity in which you have been engaged.
      

• Notices

  • You acknowledge and agree that any communication and/or document to be sent to you may be by way of electronic communication and you shall be considered to have received any such communication and/or document:
    • at the time of posting of such communication to our Website at https://tazapay.com/ and/or Tazapay or such other time as may be prescribed in such communication;
    • at the time of which the email containing such communication and/or document is sent to you or such other time as may be prescribed in the email;
    • at the time of posting (whether through ordinary post or otherwise) such communication and/or document to you or such other time as may be prescribed in such communication and/or document;
    • through such other means at such times as the Company may prescribe from time to time.
      

• Assignment

  • The Company may, at any time, assign, mortgage, charge or otherwise transfer any or all of our rights and obligations under the Terms, on condition that such changes do not have a negative impact to you.
  • You may not assign, mortgage, charge or otherwise transfer any of your rights and obligations under the Terms (including the licence granted to you under the Terms) without the prior written consent of the Company and any attempted assignment mortgage, charge or otherwise transfer in violation of the Terms shall be null and void.
    

• Severability

  • If any provision of the Terms or part thereof is rendered void, invalid, illegal or unenforceable by any legislation to which it is subject or by a decision of a court of competent jurisdiction ("Affected Provision"), the Affected Provision shall be rendered void, invalid, illegal or unenforceable only to that extent and it shall in no way affect or prejudice the enforceability of the remainder of the Affected Provision or the other provisions of the Terms.

• Waiver

  • No failure or delay to exercise or enforce any right conferred upon the Company under the Terms shall be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
  • Any waiver of any right arising from a breach or non-performance of the Terms or arising upon default under the Terms granted to you shall be null and void unless made in writing and signed by the Company.

• Rights Of Third Parties

  • Save for a Permitted Third Party (being any person or entity specifically named in this Agreement as having enforcement rights), no other person or entity who is not a direct party to this Agreement shall have any right to enforce any term of this Agreement under any applicable law, including the laws of Delaware.
  • For the avoidance of doubt, any amendments to this Agreement shall not require any consent from any person or entity (including any Permitted Third Party) who is not a direct party to this Agreement.
  • Nothing in this clause shall affect the rights of any permitted assignee or transferee under this Agreement.

• Governing Law and Jurisdiction

  • The Terms shall be governed by and construed in accordance with the laws of the Delaware, United States.
  • Any Dispute, controversy or claim arising out of or in connection with these Terms shall be settled in accordance with the rules of American Arbitration Association Rules (“AAA Rules”), subject to the following:
    • The place of arbitration shall be in Delaware, United States unless otherwise agreed by the Parties;
    • The language of the arbitration shall be English;
    • The number of arbitrators shall be one (1) and appointed in accordance with the said Rules.
  • Any decision or award made by an arbitrator in accordance with these Terms shall be final and binding on the parties to such arbitration and the parties to such arbitration expressly waive their rights to appeal any such decision or award.