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We are Dlocal LLP (“we”, “us” or “Dlocal”), and these Term & Conditions (“Agreement”) is a contract between you (“you”, the “user”) and governs your use of Dlocal Direct Services.
By using our services, you confirm that you accept these Agreement and that you agree to comply with them. If you do not agree to these Terms, you must not use our Services. Please note that you agree to be bound by these Terms and the other documents expressly referred to in it, from the time that you register to use the Services up until the time your Account is terminated.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time. Every time you wish to use our Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on December 2017.
1.1.Definition
"Communications" means any Account or transaction information that PayPal provides to you, including: any Policies you agree to, including updates to these Policies; annual disclosure; transaction receipts or confirmations; Account history statements; and tax statements we are required to make available to you.
"Dlocal Direct Service" means the payment processing solution which enables users to pay for the purchase of goods or services: (i) directly from accounts held in selected Bank institutions; (ii) through cash payments; (iv) through credit or debit Cards; or (v) through other payment methods offered by the Processor;
"Information" means any Account information that you provide to us, including but not limited to personal information, financial information, or other information related to you or your business.
"Policy" or "Policies" means any Policy or other agreement between you and Dlocal that you entered in connection with your use of the Dlocal Direct Services.
2.Usage of Dlocal Payment Services
2.1.By using Dlocal Direct, you will be able to purchase goods and or services using online payments methods.
2.2.You shall only use the Services for lawful purposes. You shall not use the Services to receive or transmit material that is obscene, harassing, and defamatory, in breach of confidentiality or violation of any Intellectual Property Rights.
2.3.Without prejudice to the right of initiating legal proceedings or reporting the fact to the relevant authorities, in the event that we have reasons to believe that you are making any illegal and/or unauthorised use of the Services, we reserve the right to restrict your access. Illegal and/or unauthorised use of the Services includes but is not limited to:
2.3.1.submitting false, inappropriate or inaccurate account details or personal data to us;
2.3.2.engaging in any illegal and/or fraudulent activity;
2.3.3.acting in a manner that is detrimental to the conduct of our business or which may result in legal liability for you, us or a third party; and
2.3.4.providing, creating or disseminating computer viruses.
2.4.Dlocal will operate the Website with the reasonable skill and care of an online service provider based on the relevant industry standard.
2.5.Dlocal will use its reasonable endeavours to maintain the operation of the Website and the Services. Whenever it is necessary to temporarily suspend the Services for operational or other reasons, Dlocal will use its reasonable endeavours to restore the Website and re-establish the provision of the Services.
2.6.The user acknowledges and agrees that any payment processed via the Services may be subject to limits and conditions imposed by the applicable legislation and any regulation authority, and that Dlocal reserves the right to restrict the maximum amount of any transaction processed by Dlocal accordingly.
2.7.Dlocal reserves the right to refuse the process transactions through the Services where such transactions are not complaint with the applicable legislation, any regulation authority codes of practice or Dlocal’s policies or operations standards.
3.Intellectual property rights
3.1.The Intellectual Property Rights on Intellectual Property related to the provision of Services and the Website, its functionality and appearance, are either owned by or licensed to Dlocal.
3.2.You are expressly prohibited from:
3.2.1.reproducing, copying, sharing, editing, transmitting, uploading, modifying, altering, incorporating into any other materials, removing, commercialising or using any Intellectual Property related to the provision of Services and the Website, its functionality and appearance;
3.2.2.Doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website the Services and/or Dlocal’s business in general; and
3.2.3.Doing anything that could be considered an infringement of the Intellectual Property Rights owned and/or licensed to Dlocal without first obtaining the written permission of the owner of the Intellectual Property.
4.How we use your personal information
4.1.For the purpose of the Data Protection Act 1998 (the “Act”), we process personal data as a data controller and our registered address is 4 King’s Bench Walk, Temple, London, EC4Y 7DL, United Kingdom.
4.2.This clause sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
4.3.For the purposes of this clause, your personal data (“User’s Information”) may be:
4.3.1.information you give to us: this includes, without limitation, your name, address, email address and phone number, financial and credit card information, personal description, proof of your identity or address,
4.3.2.Information we collect about you: this includes, without limitation, any information we collect about you related to your usage of the Website and the Services, including information on the payments made by you through Dlocal Direct, and the nature of the services and products purchased; and
4.3.3.Information we receive from other sources: this this includes, without limitation, information we receive about you if you use any of the other websites we operate or the other services we provide, or information we receive from third parties (including, for example, business partners, sub-contractors, advertising networks, analytics providers, search information providers, credit agencies or other agencies).
4.4.We may use User’s Information in the following ways:
4.4.1.to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
4.4.2.to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
4.4.3.to contact you for your views on our services and to notify you occasionally about important changes or developments to our Website or to our Services;
4.4.4.to manage our Website and Services, for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
4.4.5.to improve our Website, Services and any services and products provided by us;
4.4.6.as part of our efforts to keep our Website and the Services safe and secure;
4.4.7.to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
4.4.8.to make suggestions and recommendations to you and other users about goods or services that may interest you or them;
4.4.9.to maintain and develop our commercial relationship with you; and
4.4.10.to evaluate any financial risks, verify any risks of money laundering, prevent fraud and make any reports that we are required to make by the applicable law.
4.5.We do not sell, rent, or otherwise provide User’s Information to third parties, except where (a) we obtain your consent; (b) it is necessary to provide you with our Services; or (c) we are required or authorised by law;
4.6.The User’s Information may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our service providers. Such staff may be engaged in, among other things, the processing of your payment details and the provision of support services. By submitting your User’s Information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that the User’s Information is treated securely and in accordance with this clause. All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology.
4.7.The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a reasonable fee to meet our costs in providing you with details of the information we hold about you.
5.Authorization
5.1By accepting these Agreement you authorize Dlocal to, in accordance with AP (Dir) series Circular 50 dated February 11, 2016, disclose the User’s Information to Quick Forex Limited, in its capacity as Authorised Dealer 2; with the objective of complete and submit on your behalf the Form A2 (https://rbidocs.rbi.org.in/rdocs/content/pdfs/03MD11022016_AN.pdf) for the remittance of the amounts paid by you to the Merchant selling the products online.
5.2By accepting the Agreement you declare that the total amount of foreign exchange purchased from or remitted through, all sources in India during the financial year including this application is within the overall limit of the Liberalised Remittance Scheme prescribed by the Reserve Bank of India and you certify that the source of funds for making the said remittance belongs to you and the foreign exchange will not be used for prohibited purposes.
5.3You authorise Dlocal to share User’s Information with:
5.3.1any of our employees or any member of our group or their employees, where “member of our group” means our subsidiaries, our ultimate holding company and its subsidiaries;
5.3.2our third party consultants, (sub-)contractors, suppliers or other service providers who may access your personal information to provide services (including but not limited to IT support services) to us in order to enable us to perform any contract we enter into with you;
5.3.3auditors or contractors or other advisers auditing, assisting with or advising on any of our business purposes;
5.3.4analytics and search engine providers that assist us in the improvement and optimisation of our Website and the Services;
5.3.5our successors in title, our prospective sellers or buyers of our business;
5.3.6government bodies and law enforcement agencies and in response to other legal and regulatory requests;
5.3.7any third party where such disclosure is required in order to enforce or apply any contract we enter into with you;
5.3.8any third party for the purposes of protecting the rights, property, or safety of our company, our customers, or others (including, without limitation, you). This includes exchanging information with other companies and organisations for the purposes of verifying your personal identification or address, fraud protection, anti-money laundering measures and credit risk reduction;
6.Our right to vary these terms
6.1.We may revise these Terms from time to time. Every time you use our Services, the Terms in force at that time will apply to the provision of the Services to you.
6.2.We reserve the right to make changes to the Website and the Services from time to time without any prior notice to you provided that such changes have no material adverse effect on you.
7.Liability and Indemnification
Limitations of Liability. In no event shall we, our parent, subsidiaries and affiliates, our officers, directors, agents, employees or suppliers be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our website, Dlocal Direct services, or this agreement (however arising, including negligence) unless and to the extent prohibited by law our liability, and the liability of our parent, subsidiaries and affiliates, our officers, directors, agents, joint ventures, employees and suppliers, to you or any third parties in any circumstance is limited to the actual amount of direct damages.
8.Communications between us
When we refer, in these Terms, to "in writing", this will include e-mail.
If you wish to contact us in writing for any reason, you can send us a pre-paid post to Dlocal LLP, 4 King´s Bench Walk, London EC4Y 7DL, England, UK or email us at [email protected]
If we have to contact you or give you notice in writing, we will do so by e-mail, phone or by pre-paid post to the address, phone number or email you provide to us as in your account details.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
9.Governing law and jurisdiction
These Terms are governed by and construed in accordance with the laws of United Kingdom.
You and we both agree that the courts of London have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms (including non-contractual disputes or claims).
10.Other important Terms
10.1.These Terms together with the documents referred to in it, contains the entire agreement between us for your use of the Services.
10.2.If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permitted by law so as to give effect to the intent of the parties, and the remaining part of these Terms shall continue in full force and effect.
10.3.These terms are between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
10.4.We may transfer our rights and obligations under these Terms to another organisation without notice to you, but this will not affect your rights or our obligations under these Terms.
10.5.If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
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