Terms & Conditions dedified
1. General and Scope
1.1 dedified Germany UG (limited liability), Brienner Straße 12, 80333 Munich (hereinafter referred to as "Company" or "We") enables its partners (hereinafter referred to as "Partners") and their customers (hereinafter referred to as "Users"1 or "you") to access regulated payment service providers (hereinafter referred to as "payment service providers"), which are engaged by the Partners for the processing of payment transactions.
1.2 For the purposes of these GTC, the payment service provider is Mangopay SA, 2, Avenue Amélie, L-1125 Luxembourg and registered in the Luxembourg Companies Register under number B173459 (hereinafter referred to as "Mangopay"). Mangopay is an electronic money institution authorised in Luxembourg.
1.3 The Company is a Commercial Agent within the meaning of Article 3(b) of the 2nd Payment Services Directive2. The Company itself does not offer payment services or other banking or financial services that require authorisation.
1.4 These T&Cs govern the content, scope and conditions of use of the services offered by us. For all services of access to Mangopay, these T&Cs take precedence over any deviating T&Cs or Terms of Use of our Users.
2. Registration and Conclusion of Contract
2.1 In order to use our services, you must agree to these T&Cs and those of the payment service provider and register. Consent to the terms and conditions of the payment service provider is granted with the acceptance of our terms and conditions.
2.2 You consent to the use and disclosure of information that serves your registration with our partner for the registration and use of our services and those of the payment service provider.
2.3 All information must be complete and correct. Changes must be communicated immediately via our website or partner website or mobile applications.
2.4 We reserve the right to request further information from you if requested by the payment service provider or if it is otherwise necessary.
3. Opening payment accounts
3.1 In order to process payment transactions between our partners and you, it is necessary to open a payment account. The payment account is opened by you directly with the payment service provider via the interface offered by us.
3.2 The prerequisite for opening the payment account is the complete submission of the required information via the input mask of the partner website or mobile applications as well as the acceptance of the terms of use of the payment service provider. If it is incomplete, we will request the missing information from you. If missing information or documents are not submitted within 2 weeks of request, we reserve the right to reject the application.
3.3 Acceptance of the application to open a payment account can only be declared by the payment service provider. The payment service provider may not require the opening of a
1 The term "user" includes female users.
2 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010 and repealing Directive 2007/64/EC.
User Account in accordance with its Terms of Use. We will inform you immediately of the acceptance or rejection of your account opening application.
4. Personal use area, personal security features
4.1 Your Payment Account is accessed via the personal user area of the Partner Account (hereinafter referred to as the "Personal User Area"), which is only accessible to you or, at our option, via our website. To access the user account, you select personalized security features (hereinafter referred to as "personalized security features") as part of the registration process. The personalised security features give you access to your user account and Mangopay's services.
4.2 The personalized security features may be stored on the device from which your entries are made. They must be stored securely at all times in a manner that does not allow access by other persons. You are solely responsible for the security of storage and your input devices.
5. Account Management, Payment Transactions
5.1 You can use the personal user area to manage your payment, initiate payments and retrieve account information.
5.2 Payments may only be made through the channels and payment methods specified by the payment service provider.
5.3 Further details are set out in the payment terms of the payment service provider.
6. Customer Service
Customer inquiries should first be directed to our partners. Enquiries regarding the payment account or payments should be directed to Mangopay in accordance with the terms and conditions of use in force from time to time.
7. Availability and operability of services, integrity of systems
We provide our services with due diligence and in a manner that allows you to use them appropriately within the framework of market customs. The same applies to the accessibility of the services. A guarantee is not given for complete and uninterrupted and interference-free functionality at all times, also with regard to certain transmission times and transmission speeds.
8. Remuneration
Users do not incur any fees for the use of our services. Our partners and payment service providers charge fees in accordance with their terms and conditions.
9. Obligations of Users
9.1 Changes to personal or other data must be communicated to us immediately by means of appropriate corrections in the personal user area.
9.2 You are obliged to protect the devices and its user account used by you for the use of our Services and the payment service provider's user account in the necessary manner against cyber security attacks and to carry out regular software updates. The user must observe all safety instructions. Data must be secured against data loss. All personal security features must be stored carefully and not made available to third parties. In the event of loss of personal security features or unlawful use or misuse of the user account, the user is obliged to notify us directly via the personal user area or the payment service provider immediately and immediately.
9.3 You will be liable to us for any damage we may incur as a result of your breach of these obligations.
10. Liability
10.1 We accept no liability for malfunctions due to malicious software, such as viruses, spam, Trojan horses, phishing or other actions of third parties.
10.2 We do not assume any liability for the functionality of third-party systems, in particular those of partners or payment service providers, unless this is due to incorrect programming of the interface to these systems.
10.3 In addition, we shall be liable in accordance with the statutory provisions if you assert claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Partners are not agents or vicarious agents.
10.4 Insofar as you suffer damage as a result of the slightly negligent breach of a contractual obligation, the fulfilment of which is essential for the proper execution of this agreement, the breach of which jeopardises the purpose of the contract and on the observance of which the user can regularly rely (cardinal obligation), the liability for damages is limited to the foreseeable, typically occurring damage, insofar as this exceeds EUR 1,000.00.
10.5 Liability for culpable injury to life, limb or health as well as liability under the Product Liability Act and Art. 82 GDPR remain unaffected.
10.6 In all other respects, the Company's liability is excluded.
11. Data protection
The collection, processing and use of personal data is carried out in accordance with the applicable data protection regulations and our privacy policy under https://www.dedified.com or https://www.dedipay.io. The privacy policy of the payment service provider is available at www.mangopay.com.
12. Term, Termination
12.1 The duration of our business relationship is unlimited. You can terminate the business relationship with a notice period of 30 calendar days. At the same time, ordinary termination terminates the contractual relationship with our partners and the payment service provider.
12.2 In the event that you do not agree to any amendment or addition to these Terms and Conditions, the Company shall be entitled to terminate this Agreement with two weeks' notice to the end of the month of termination.
12.3 The business relationship ends automatically upon termination of the payment services of the payment service provider.
12.4 Upon termination of our business relationship, any credit balance in your user account will be transferred to the bank account specified by you, after deduction of any fees still to be paid. After that, the payment account will be closed.
12.5 The right of both parties to extraordinary termination without notice for good cause remains unaffected.
13. Applicable Law and Jurisdiction
13.1 The laws of the Federal Republic of Germany shall apply to these T&Cs as well as to all claims, rights and obligations arising out of or in connection with the use of the Services. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
13.2 The place of jurisdiction for all disputes between the parties arising out of or in connection with these GTC is Munich, Germany, unless another place of jurisdiction is provided for by mandatory law.
14. General Clauses
14.1 Verbal promises or agreements between us and the User are legally non-binding and shall be replaced by these Terms and Conditions or the contract concluded between us and the User, unless it is expressly stated in the respective agreement that it shall continue to be binding even after conclusion of the contract and that it is set down by the contracting parties in text form.
14.2 We will notify the User of any changes or additions to these Terms and Conditions prior to the date of entry into force upon the next login to the User's account. The modification or addition to these Terms of Use requires the consent of the User in each case.
14.3 In the case of clause 14.2, the User's continued use of the Services is subject to the User's acceptance of the amended or supplemented Terms of Use by clicking on the "Accept Terms of Use" button.