These Buyer Terms and Conditions govern your transactions with Dodo Payments, the merchant of record for the product or service (collectively “product”) you are purchasing. By completing a purchase, you expressly acknowledge and agree to be bound by these Terms and Conditions. It is your exclusive obligation to review these terms and conditions carefully. Please do so. If you do not agree to be bound by all provisions, please do not complete a purchase.
As merchant of record, Dodo Payments is an authorized reseller of the product for the Supplier and provides merchant services to facilitate transactions including (the “Services”). The Supplier is the Company whose product you are purchasing. This means you purchase the product from Dodo Payments, but the product is licensed or sold (depending on the product) to you by the Supplier.
Contract Formation
YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT CONSTITUTES A LAWFUL AND VALID “CLICK-WRAP” AGREEMENT which means that, prior to allowing you to submit an order, the website presents you with a message on your computer screen requiring that you affirmatively manifest your assent to the terms of this Agreement by clicking on an icon. Specifically, the website clearly and conspicuously provides a link to this Agreement and, thereafter, requires you to click a box wherein you indicate that you have read, understood and agree to be bound by this Agreement prior to making a purchase. The website does not allow you to proceed through the order process or submit an order unless you affirmatively manifest your assent to the terms of this Agreement by clicking in the box. By clicking the box and submitting your order, you enter into a binding legal contract with Dodo Payments.
Waiver of Warranty and Limitation of Liability
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY, AND DODO PAYMENTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO SERVICES PROVIDED, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, Dodo Payments MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS OR MALWARE FREE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED FROM THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS AND/OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
YOUR EXCLUSIVE REMEDY AND DODO PAYMENTS’ ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THE AGREEMENT AND/OR YOUR USE OF THE SERVICES, SHALL BE LIMITED TO THE AMOUNT DODO PAYMENTS EARNED FOR THE SERVICES IT PROVIDED TO FACILITATE YOUR TRANSACTION. IN NO EVENT SHALL DODO PAYMENTS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM BODILY HARM, PERSONAL INJURY, LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT DODO PAYMENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, OR INABILITY TO USE THE SERVICES.
ANY LEGAL ACTION ARISING OUT OF ANY ALLEGED FAILURE, MALFUNCTION OR DEFECTS IN DODO PAYMENTS’S SERVICES SHALL BE BROUGHT WITHIN A PERIOD OF ONE (1) YEAR OF THE OCCURRENCE OR IS DEEMED WAIVED.
IF YOU ARE DISSATISFIED WITH THE TERMS OF THE AGREEMENT OR THE SERVICES, YOUR SOLE REMEDY AND EXPRESS OBLIGATION IS TO STOP USING THE SERVICES. IN THE EVENT YOU FAIL TO STOP USING THE SERVICES AND CLAIM SOME INJURY AS THE RESULT, YOU AGREE TO INDEMNIFY AND HOLD DODO PAYMENTS HARMLESS FROM ANY AND ALL LOSSES OR DAMAGE, INCLUDING ATTORNEY’S FEES INCURRED BY DODO PAYMENTS IN DEFENSE OF ANY ACTION INITIATED BY YOU OR A THIRD-PARTY.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
Billing and Electronic Signatures
You agree to timely pay the purchase price and related shipping and handling costs (if any) when such sums are due and owing as consideration for Dodo Payments’s sale and delivery of products to you. The website provides various pay options for your convenience, including as example, credit card, debit card, and other automatic payment methods. As part of your submitting any order, you will be required to type your name or otherwise assent by clicking box or some other similar action. This action constitutes your electronic signature, and it is your verification that your name, address, and billing information is correct and that you have read, understood, and agree to be bound by this Agreement.
YOU AGREE THAT DODO PAYMENTS MAY RELY UPON YOUR ELECTRONIC SIGNATURE AS CONFIRMING YOUR AGREEMENT TO PURCHASE THE PRODUCTS ORDERED AND TO BE BOUND BY THIS AGREEMENT.
You also acknowledge and agree that Dodo Payments’s reliance upon your electronic signature is specifically sanctioned by the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act. Both laws specifically preempt all laws that recognize only paper and handwritten signatures.
Transaction Confirmation
Dodo Payments will confirm receipt of the transaction of the order by sending you the order confirmation to the email address you provide. Please allow a commercially reasonable time for processing and the transmission of email confirmation.
Software
Where any product supplied is, or includes, software (“Software”), the software is licensed by the Supplier pursuant to the End User License Agreement which may include terms related to recurring purchases, automatic renewals, and use restrictions. Please read the End Use License Agreement carefully as it is your sole obligation to do so.
Digital Content
Where a product is digital content which is immediately made available, by downloading or otherwise acquiring the product, you consent to immediate performance of any and all agreements governing your use of the digital content between you and Supplier, and you acknowledge that you will lose your right of withdrawal from this Agreement once the download or applicable transmission of the digital content has begun.
Payment, Taxes and Refunds
Dodo Payments will charge your chosen payment method, including any applicable taxes according to the tax jurisdiction in which the transaction takes place. If you pre-order the Product, you’ll be charged upfront, during which time you can request a refund for whatever reason until the content is delivered, after which the standard refund policy applies.
You agree to receive all invoices and receipts in an electronic format, which includes email. Product prices may change at any time. If technical problems prevent or unreasonably delay delivery of the product, your exclusive and sole remedy is either replacement of the product or refund of the price paid, as determined by Dodo Payments. When providing us with your information, you must ensure that it is up-to-date and accurate. Dodo Payments will not be responsible for the event of non-receipt of the product due to incorrect information you provide.
Refunds. Refunds are provided at the sole discretion of Dodo Payments and on a case-by-case basis and may be refused. Dodo Payments will refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles Dodo Payments to counterclaim the refund.
Indirect Sales Tax. If you have been charged sales tax on your purchase and are registered for sales tax in the country of purchase, you may be entitled to a refund of the sales tax amount if permitted by the laws applicable in such country. Sales taxes include VAT, GST, Consumption Tax and others as applicable from time to time. You must contact Dodo Payments within 60 days after completing the purchase to be eligible for a sales tax refund. This refund will only be processed upon the provision of a valid sales tax code for your country. All refund requests received after 60 days from the date of the transaction will not be processed.
Chargebacks
We understand that there may be occasions where you may wish to dispute a payment made to Dodo Payments in relation to a product.
Chargeback is a mechanism for your payment card issuer (at their discretion) to reclaim money from a retailer’s bank. This can allow your card issuer to provide you with a refund in a number of circumstances, including: (1) if you do not get the product you paid for; (2) if you are charged the wrong amount, or charged twice by mistake; (3) if the payment was made fraudulently.
YOU AGREE TO CONTACT DODO PAYMENTS PRIOR TO RAISING A REQUEST FOR A CHARGEBACK OR ANY DISPUTE WITH YOUR BANK OR CARD ISSUER IN RELATION TO ANY TRANSACTION.
IF YOU MAKE A CARD PAYMENT THROUGH DODO PAYMENTS, AND LATER DISPUTE A LEGITIMATE CHARGE BY RAISING A CHARGEBACK WITHOUT MERIT OR LEGITIMATE REASON (AS DETERMINED AT OUR SOLE DISCRETION), WHETHER FRAUDULENTLY OR OTHERWISE, WE RESERVE THE RIGHT TO PROHIBIT YOU FROM PURCHASING FURTHER PRODUCTS WHERE DODO PAYMENTS IS THE MERCHANT, OR TO CHARGE A LIQUIDATED DAMAGE IN THE AMOUNT OF $100 USD
Failure to Comply with this Agreement
If you fail, or Dodo Payments suspects that you have failed, to comply with any of the provisions of this Agreement, Dodo Payments may, without notice to you: (i) terminate this Agreement, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate your license to the product; and/or (iii) assess a liquidated damage in the amount of $100 USD per incident.
Modification of this Agreement or the Services
Dodo Payments reserves the right to modify this Agreement at any time. The latest version of the Agreement will always be available online on any site where Dodo Payments provides its merchant services. Dodo Payments further reserves the right to suspend or discontinue the Services (or any part thereof) at any time with or without notice to you, and Dodo Payments will not be liable to you or to any third party should it exercise such rights.
Subscriptions
The Services may allow you to purchase products on a subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled. We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You will be charged on the day the Paid Subscription period renews depending on the length of subscription (e.g., monthly, annually, etc.). If you wish to cancel your subscription, please contact us as set forth below at least 48 hours before the end of the current billing period. Please make sure you provide your order number and the email address used to purchase the product. Your cancellation will take effect at the next payment date. There are no refunds on unused subscription periods.
Certain Paid Subscriptions may offer a free trial before charging you. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, you must cancel the subscription before the expiration of the trial period by contacting us as set forth below. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled your Paid Subscription, you remain responsible for any uncollected amounts. We reserve the right to cancel your Paid Subscription if we are unable to successfully charge your payment method to renew your subscription.
Transfer to Supplier
The Services may allow you to purchase product on a subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled. We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You will be charged be on the day the Paid Subscription period renews spending on the length of subscription (e.g., monthly, annually, etc.). If you wish to cancel your subscription, please contact us as set forth below at least 48 hours before the end of the current billing period. Please make sure you provide your order number and the email address used to purchase the product. Your cancellation will take effect at the next payment date. There are no refunds on unused subscription periods.
Certain Paid Subscriptions may offer a free trial before charging you. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, you must cancel the subscription before the expiration of the trial period by contacting us as set forth below. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled your Paid Subscription, you remain responsible for any uncollected amounts. We reserve the right to cancel your Paid Subscription if we are unable to successfully charge your payment method to renew your subscription.
Intellectual Property
For purposes of this Agreement, “Content and Material” is defined as any information, communications, software, logos, trade names (e.g., Dodo Payments), published works, photos, video, graphics, music, sounds, code, or other material that can be viewed or heard by users while using the Services and which was created by Dodo Payments. All of the Content and Material is subject to United States and international copyright, trade dress, trademark and/or other intellectual property laws with all rights thereto held by Dodo Payments. Use of any Content and Material without prior written authorized by Dodo Payments is strictly prohibited and may subject you to liability.
If you know of, or suspect, copyright or trademark infringement or other unauthorized or improper use of Dodo Payments’s property by others, including but not limited to uses for commercial purposes, please notify Dodo Payments
Digital Millennium Copyright Act. Dodo Payments has not taken and will not take content or material from you or any third-party unless it has been assigned to Dodo Payments pursuant to law. However, if you are a copyright holder and have a good faith belief that any content or materials infringes your copyright, please send to Dodo Payments your notification of claimed infringement requesting the material to be removed or blocked to the contact set forth herein below.
Your notice must contain the following: (a) Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works, including title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.; (b) Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the copyright holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material); (c) Your contact information so that we can make contact with you (including for example, your address, telephone number, and email address); (d) A statement that you have a good faith belief that the use of the material identified above in “b” is not authorized by the copyright owner, its agent, or the law; (e) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and (f) Your signature. Prior to sending us notice, you may wish to consult a lawyer to determine Your rights and legal obligations under applicable laws. Nothing here or anywhere on this Website is intended as a substitute for qualified legal advice. You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from the Website without liability to you or any other party.
Terms of Service
You will not use the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or gender; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal identification information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Dodo Payments’s network, or any related network, website, or other websites, or the Internet.
You may not: (a) resell or make commercial use of the Services, or any of its content, or any products; (b) modify, adapt, translate or convert into another form any portion of the Services or the products; (c) copy, reproduce, download, display, perform, transfer, transmit or publish any portion of the Services or the products; (d) access the Services or the products from any jurisdiction where doing so would be illegal.
You will comply with all laws pertaining to privacy, data collection and protection, intellectual property, contract and other applicable laws, including but not limited to those laws in the jurisdiction in which you reside or from which you use the Services.
Any and all information, data, or products you obtain through the Services is at your own risk.
You shall provide all necessary preparations required to comply with all installation, maintenance and operational specifications.
Waiver and Severability
If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these terms remain in full force and effect.
Force Majeure
In addition to any excuse provided by applicable law, Dodo Payments shall be excused from liability for its failure to honor any obligations arising from any event beyond Dodo Payments’s reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, governmental act or regulation, epidemic, pandemic, and any other causes or events beyond Dodo Payments’s reasonable control, whether or not similar to those which are enumerated above.
Privacy
Governing law
Specifically excluded from application to this Agreement is the law known as the United Nations Convention on the International Sale of Goods. For consumers located within the United States, the law governing this Agreement is the law of the State of Delaware and you expressly submit to the jurisdiction of the Courts there, and agree that the Courts within the State of Delaware shall be the only appropriate venue for resolution of disputes arising from this Agreement or your transaction of business with Dodo Payments. For all non-USA Consumers, except to the extent amended by any provisions of the law of the country in which you are a resident, this Agreement and the relationship between you and Dodo Payments, and all transactions shall be governed by the laws of the US.
Contact
Dodo Payments Inc.
8 The Green, STE A, Dover,
County of Kent, Delaware, 19901,
United States