Welcome to Dime!

THE FOLLOWING DESCRIBES THE TERMS ON WHICH DIME OFFERS YOU ACCESS TO OUR SERVICES

This User Agreement ("Agreement") is a contract between you and Dime Omnipayment Engine Limited (Dime) and applies to your use of the Dime service and any related products and services available through our mobile app, web app, or website https://dimepay.net/ (collectively the "Service"). This Agreement takes effect as of the date of your first use of the Dime platform or services (the "Effective Date") and continues until terminated by you or Dime.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use our services. By accessing or using the Dime platform or services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site. Upcoming changes will be posted on the "Policy Updates" page, accessible from the "Policy Updates" link on the Account Overview page once you have logged in. In addition, you can set your Preferences to receive email notifications of all policy updates.
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In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "Dime," "we" or "our" will refer collectively to Dime Omnipayment Engine Ltd. its subsidiaries, affiliates, and third-party providers.

1. Your Dime Account

1.1 Eligibility.

To access or use the Dime platform (the "Platform") or services (the "Services"), you must:

(i) Register for a Personal or Business account.

(ii) Be at least 18 years old and have the legal capacity to enter into a binding agreement in your jurisdiction.

(iii) Be a resident of a supported country or territory.

(iv) Not be prohibited by any applicable laws or regulations from using the Platform or Services.

1.2 Minors under 18 with Representative Involvement.

You represent that you are of legal age in your jurisdiction to form a binding contract but in any event at least thirteen (13) years old. Children under the age of 13 years old are not permitted to use any of the services if you are between thirteen (13) and eighteen (18) years old you must review this Agreement with your parent or guardian and have him/her accept it on your behalf as well approve your use of the Services.

1.3 Sole Proprietors.

If you are a sole proprietor under the age of 18 years old but at least 13 years old, your Representative must be your parent or legal guardian.

1.4 Legal Entities.

(i) If you are a legal entity (e.g., LLC, Corporation) owned by an individual under 18 but at least 13 years old, your Representative must obtain consent from either your board of directors or an authorized officer.

(ii) The approving board member, authorized officer, parent, or legal guardian becomes your "Representative" for the purposes of this Agreement.

(iii) This Representative is responsible to Dime and legally bound by these Terms as if they had agreed to them directly.

(iv) Regardless of any potential Representative involvement, you may not use the Services if you are under 13 years of age.

1.5 Creating an Account.

By creating an account ("Account"), you agree to:

(i) Provide accurate, complete, and up-to-date information about yourself during the registration process.

(ii) Maintain the confidentiality of your account credentials and be fully responsible for all activity that occurs under your Account.

(iii) Notify Dime immediately of any unauthorized use of your Account or any other security breach.

2.1. Agency Relationship

2.1.1. Dime acts as a facilitator to help you accept payments from and make payments to third parties. We act as your agent based on your direction and your requests to use our Services that require us to perform tasks on your behalf. Dime will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose.

2.1.2. You acknowledge that:

(i) Dime is not a bank, and the Service is a payment processing & digital wallet service rather than a banking service; and

(ii) Dime is not acting as a trustee, fiduciary, or escrow with respect to your funds, but is acting only as an agent and custodian.

2.1.3. You agree that you will not receive interest or other earnings on the funds that Dime handles as your agent. However, Dime may receive interest on those funds and may receive a reduction in fees or expenses charged for banking services by the banks that hold your funds.

2.1.4. By initiating and sending payments through the Service or adding funds to your wallet, you appoint Dime as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate or to a Pooled Account, subject to the terms and restrictions of this Agreement. Dime will obtain the funds first by debiting the funds in your wallet. If this is not sufficient to fund your payment fully, Dime will obtain the remaining funds per your instructions by debiting a bank account that you designate or charging your credit or debit card. When you send a payment, until that payment is accepted by the recipient (which may occur instantly), you remain the owner of those funds and Dime holds those funds as your agent, but you will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is canceled.

2.1.5. By receiving payments through the Service, you appoint Dime as your agent to cause the funds to be deposited on your behalf in the Pooled Accounts until you further instruct Dime with respect to the transmission of your funds. Through the Dime website or app, you may provide instructions to withdraw the funds, enroll in an automatic sweep of the funds into the Pooled Accounts, or transfer the funds to a third party, in each case subject to the terms and restrictions of this Agreement. If you receive a notice that a payment has been sent to you through Dime, but you have not registered for the Service, Dime will not become your agent and you will have no claim to those funds unless and until you register for the Service and indicate your acceptance of the payment. If you register for a business account and intend to accept card (Debit or Credit) payments and other Dime supported, you will be governed by the terms of the Business Account Policy and Merchant Agreement with respect to such transactions.

2.2. Dime is only a Payment Service and digital wallet service Provider. Dime acts as a payment service and digital wallet provider by creating, hosting, maintaining, and providing our Service to you via the Internet. We do not have any control over the products or services that are paid for with our Service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction.
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2.3. Identity Authentication

2.3.1. We use many techniques and third-party providers to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a user’s identity is correct.

2.3.1. You authorize Dime, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third-party databases. However, because user verification on the Internet is difficult, Dime cannot and does not guarantee any user's identity.

2.4. Release

In the event that you have a dispute with one or more users, you release Dime (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

2.5. No Warranty

WE, OUR SUBSIDIARIES, EMPLOYEES, AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES, AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Dime shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit or debit cards, and check issuances are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependent upon many factors outside of our control, such as delays in the banking system, the mail service in the respective jurisdiction in which we operate or the international mail service.

2.6. Limitation of Liability

IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES, OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, APP, SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
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2.7. Indemnification

You agree to indemnify and hold Dime, its parent, subsidiaries, affiliates, officers, directors, and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.

2.8. Liability for Violations of the Acceptable Use Policy

2.8.1. If you engage in the following behaviour, Dime may fine you, as explained below:

(i) Using the Dime service to receive payments for any sexually oriented or obscene materials or services in violation of Dime's Policies or any laws or regulations.

(ii) Using the Dime service to receive payments for any narcotics, other controlled substances, steroids, or prescription drugs in violation of Dime's Policies then existing.

(iii) Using the Dime service to receive payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity.

2.8.2. You and Dime agree that the damages that Dime will sustain as a result of the behavior outlined above will be substantial, including (without limitation) fines and other related expenses from its payment processors and service providers, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then Dime may fine you $30,000.00 USD, and/or Dime may take legal action against you to recover losses that are in excess of the amount fined. You acknowledge and agree that $30,000.00 USD is presently a reasonable minimum estimate of Dime's damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to Dime that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. You agree that Dime is entitled to deduct such fines directly from any existing balance in the offending account, or any other Dime account owned by you.

2.8.3. If you use the Dime service in a manner that violates the Acceptable Use Policy, including but not limited to the three categories described above, your account will be subject to limitation or immediate termination, as stated in the Dimes Policies then existing.

2.8.4. You further understand that, if you use the Dime service in a manner that violates the Acceptable Use Policy, including but not limited to the three categories described above, Dime may incur substantial liability and/or suffer significant damages, including (without limitation) fines and other related expenses from its payment processors and service providers. By selling goods or services (including access to content) in contravention of the Acceptable Use Policy or the Restricted Activities section of this User Agreement you acknowledge liability to Dime for any and all damages suffered by Dime. Without limiting the foregoing, you agree to reimburse Dime for any and all costs, expenses, and fines levied on Dime by its payment processors and/or service providers as a result of your activities.

2.8.5. You agree that, if either you or Dime commence litigation or arbitration in connection with this paragraph, the prevailing party is entitled to recover reasonable attorneys' fees and any other costs incurred in such proceeding in addition to any other relief to which the prevailing party may be entitled.

All fees are set forth in the Fee Schedule. All fees will be assessed in the currency of the payment. Your account and all transactions are made and displayed in JMD dollars unless otherwise specified and may be subject to applicable exchange rates.

4.1. The only account that can receive credit or debit card payments is a Business Account. However, Personal account holders can use their debit or credit card to top up their wallet balance.

4.2. By accepting a credit card payment, you agree that you are responsible for the payment if it is reversed. If such reversal occurs on a credit card-funded payment made to your account, we will reverse the payment and debit your account balance to pay for the reversal. If there are insufficient funds in your Dime balance, you agree to reimburse Dime through other means.

4.3. Personal account holders may conduct Peer-to-Peer (“P2P”) transfers for free.

4.4. Removal of Expired Cards

We will notify you of expired credit or debit cards in your account and provide you the opportunity to update those cards before we remove them as a funding source in your account.
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4.5. Withdrawals.

In order to cash out or withdraw money from your Dime account we require you to provide Dime with a number of forms of identification as further described and protected in our Privacy Policy. We require this information to authenticate your identity and to determine how much you may withdraw from your account per month. We may limit withdrawals and require additional information from you depending on your location (local or international), credit rating, and other factors. Once initiated it may take up to 2-5 business days to be processed.

5.1. In order to send payments through our Service we require you to provide Dime with a number of forms of identification as further described and protected in our Privacy Policy. We require this information to authenticate your identity and to determine how much you may send with your account. We may require additional information from you depending on your location and other factors. Based on the information you provide, we will determine your sending limit.

5.2. Refused Payments.

When you send a payment to a third party through our Service, the recipient is not required to accept the payment, even if the recipient is already registered with Dime. The recipient may return the payment or, in some cases, use the Dime Service to deny payments that you send. Any payments sent through Dime that are denied or unclaimed by a recipient will be returned to you on the earlier of (a) the date of such denial, or (b) 30 days after the date the payment is sent.

5.3. Electronic Transfers

When you make a payment through Dime that is funded with Instant Transfer you are requesting an electronic transfer from your bank account. Upon such request, Dime will make electronic transfers via the Automated Clearing House (ACH) system from your bank account in the amount you specify. You agree that such requests constitute your authorization for such transfers. Dime will never make transfers from your bank account without your authorization.

6.1. Your Information and your activities (including your payments and receipt of payments) through our Service shall not:

a) be in breach of our Restricted Business List.

b) be false, inaccurate, or misleading;

c) be fraudulent or involve the sale of counterfeit or stolen items;

d) be related in any way to gambling activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts, or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools);

e) violate Dime Acceptable Use Policy; [be in breach of Dime’s standards for legal or acceptable use.]

f) infringe on any third party's copyright, patent, trademark, trade secret, or other property rights or rights of publicity or privacy;

g) violate any law, statute, ordinance, contract, or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising);

h) be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing;

i) be obscene or contain child pornography;

j) contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or other personal information; or

k) create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Provider (ISPs) or other suppliers. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

6.2. License

Solely to enable Dime to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information, in any media now known or not currently known, with respect to your information. Dime will use and protect your information in accordance with our standards for Data Privacy Policy & Protection.
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6.3. Trademarks

6.3.1. Dime, and all related logos, products, and services described in this website or App are either trademarks or registered trademarks of Dime, or its licensors, and (aside from the circumstances described below) may not be copied, imitated, or used, in whole or in part, without the prior written permission of Dime. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Dime and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Dime.

6.3.2. Notwithstanding the above, HTML logos provided by Dime through its Affiliate Program, Website or APP Payments features, or Auctions Tools features ("Logos"), may be used without prior written consent for the purpose of directing web or APP traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to Dime or the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by Dime. Dime is a payment service, and no partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

7. Access and Interference

You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for your information) from our website without the prior expressed written permission of Dime or the appropriate third party. If you use or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying, or otherwise corrupting the security or functionality of the Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

8. Privacy and Security

We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described in the Privacy Policy.

9. Termination or Closing your Account

9.1. You may close your account at any time by clicking the Close Account link in your Profile on the Dime website or APP.

9.2. Upon closure of an account, any pending transactions will be canceled, and any balances associated with Redemption Codes (for programs such as eBay Anything Points, Gift Certificates, or Coupons) will be forfeited. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid to you by cheque or to your card on file at closing, assuming all withdrawal-related authentication requirements have been fulfilled (for example, you may not use closure of your account as a means of evading withdrawal limits on new Unverified users).

9.3. You may not use the closure of your account as a means of evading investigation - if an investigation is pending at the time you close your account, Dime may continue to hold your funds for up to 180 days as appropriate to protect Dime against the risk of reversals. If you are later determined to be entitled to some or all of the funds in dispute, Dime will release those funds to you. You will remain liable for all obligations related to your account even after such account is closed. If you do not access your account for a period of three years, it will be terminated. After the date of termination, we will use the information you provided to try to send you any funds that we are holding in custody for you.

10. Remedies and Dime’s Rights to Collect from you.

10.1. Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, place a hold on funds in your account, limit funding sources and payments, limit access to an account and any or all of the account's functions (including but not limited to the ability to send money or making withdrawals from your account), limit withdrawals, indefinitely suspend or close your account and refuse to provide our Services to you if:

(i) you breach this Agreement or the documents it incorporates by reference;

(ii) we are unable to verify or authenticate any information you provide to us;

(iii) we believe that your account or activities pose a significant credit or fraud risk to us;

(iv) we believe that your actions may cause financial loss or legal liability for you, our users, or us; or

(v) Your use of your Dime account is deemed by Dime, Visa, MasterCard, American Express, or Discover to constitute abuse of the credit card system or a violation of credit card rules, including (without limitation), using the Dime system to test credit card behaviours. Even if they have been recorded as completed in the Recent Activity or History Transaction Log of your Dime account, transactions are not considered completed until the funds have been charged to the customer's funding source (for payments) or posted to the customer's bank account (for withdrawals).

10.2. Dime reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure the integrity of the funds. If we close your account, we will provide you notice and pay you all of the unrestricted funds held in your Dime account. Additionally, to secure your performance of this Agreement, you grant Dime a lien on and security interest in your account.

10.3. In addition, you acknowledge that Dime may set off against any accounts you own for any obligation you owe Dime at any time and for any reason allowed by law. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else.

10.4. Dime may consider this Agreement as your consent to Dime asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights.

11. Assignability

You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Dime. Dime reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.

12. Legal Compliance

You shall comply with all applicable laws within your jurisdiction, statutes, regulations, contracts, and applicable licenses regarding your use of our Services.

13.1. Jurisdiction and Applicable Law.

These Terms and your use of the Platform or Services will be governed by and construed in accordance with the laws of Jamaica, without regard to its conflict of law’s provisions.

13.2 Dispute Resolution.

13.2.1. If a dispute of any nature arises between you and us about the Agreement, then, on the written request of either Party, we and you will appoint a senior representative to meet and resolve such dispute.

13.2.2. The representatives will discuss the matter in dispute and negotiate in good faith to try and resolve the dispute on amicable terms within fourteen days.

13.2.3. Any dispute that cannot be resolved between the parties must be referred to Arbitration in accordance with the terms of the Arbitration Act. The matter in dispute shall be referred to a single arbitrator if the parties can agree upon one (1) within two (2) months of the occurrence of the matter in dispute otherwise to an arbitrator to be appointed by the mutual agreement of the parties, and if the Parties cannot jointly agree then by the President for the time being of the Jamaica Bar Association in accordance with and subject to the provisions of the Arbitration Act or any statutory modification or amendment thereof for the time being in force.

13.3 Exception for Injunctive Relief.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent or remedy the actual or threatened violation of any intellectual property rights or other proprietary rights.

Dime may update these Terms at any time by posting the amended Terms on the Platform. The amended Terms will be effective immediately upon posting. You are encouraged to periodically review these Terms to stay informed of updates. Your continued use of the Platform or Services after the amended Terms are posted constitutes your acceptance of the amended Terms.

15.1. All notices shall be sent to the Parties’ registered address.

15.2. We may send any other written communication to your street, postal or email address.

15.3. We will regard a communication sent by email as having been received by you one day after it was sent.

15.4. While we may correspond with you via email during the term of this Agreement for operational reasons, you agree that no formal notice required in terms of this Agreement may be given or concluded via email.

15.5. Any legal document or notice to be served in legal proceedings must be written on paper.

Keeping Your Contact Details Up To Date.

15.6. It is your responsibility to keep your contact details up to date so that we can communicate with you. You understand and agree that if we send you a communication but you do not receive it because your contact details on file are incorrect, out of date, blocked by your service provider (in the case of an email), or you are otherwise unable to receive communications, the communication will be deemed to have been provided to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add us to your email address book so that you will be able to receive the communications we send to you.

16.1 Events Beyond Our Control.

In the event of a Force Majeure event, Dime will use reasonable efforts to minimize the impact on the Services. A Force Majeure event refers to any unforeseen circumstance beyond our reasonable control that prevents or hinders us from fulfilling our obligations under these Terms. Examples of Force Majeure events may include but are not limited to Acts of God (e.g., natural disasters, extreme weather events), pandemics or epidemics, Acts of war, terrorism, civil unrest, strikes or labor disputes, power outages or internet disruptions, Government regulations or actions.

16.2 Our Response.

If a Force Majeure event affects our ability to provide the Services, we will notify you as soon as possible and take reasonable steps to minimize the delay or disruption. Neither Dime nor you will be liable for any delay or failure to perform our obligations under these Terms if such delay or failure is caused by a Force Majeure event.

17.1 Integration with Other Platforms.

The Platform or Services may integrate with, or utilize services provided by, third-party providers. These third-party services may have their terms and conditions of use, which you agree to comply with when using such services. Dime is not responsible for the content or practices of any third-party services. We encourage you to review the terms and conditions of any third-party services you access through the Platform or Services.