You are making use of the website of directsafepay and are about to make (a) payment(s) (the "Payment(s)") for the purchase of credits ("Credits"), which may be used to obtain services and/or goods (the "Services") from directsafepay, ("Directsafepay") and/or from Directsafepay’s partners (the "Partner(s)").
By making use of the website of Directsafepay, performing a Payment, using and/or buying Credits, you confirm and declare that you are at least eighteen (18) years of age and that you have read, fully understood and agree with the contents of this disclaimer (the "Disclaimer").
- The Services may in whole or in part consist of facilitating sending and/or receiving (access to) text and/or e-mail messages ("Messages") by you, Partners and/or third parties.
- The Client explicitly acknowledges and agrees that Directsafepay shall use its reasonable efforts to submit Messages sent to or by you, to their intended destination and to have its platform available for 24 hours a day and 7 days a week.
- The Client explicitly acknowledges and agrees that messages may not be submitted to their intended destination in the event the operator does not allow the submission thereof, in the event the destination is outside of the area of the relevant (mobile) operator, in the event the destination is switched off, in the event the destination is not or is no longer in use and/or in other circumstances, in which a technical malfunction prevents the submission.
- In order to use the Services, Directsafepay and/or Partner(s) will provide you (or has already provided you) with one or more usernames and passwords. These username(s) and password(s) are strictly personal, therefore you may not share them with anyone else and/or allow any other person to make (any) use thereof.
- The website(s) of Directsafepay and/or Partners (the Website(s)") and Messages may contain visual images, audio sounds and descriptions of a sexually oriented and frankly erotic nature, portrayals of nudity and sexual acts. You explicitly declare and confirm that you are not offended by such content and that you explicitly consent to (the possible) viewing of such content.
- You are aware that profiles shown on Website(s) are or may be fictional and that communication with the holder(s) of such profiles may not be possible. Fictional profiles do not entitle you to reimbursement of any Credits and/or Payment(s).
- Use of the Services which (may be) in breach of contract, the applicable law, the terms and conditions of this Disclaimer and/or (other) codes of conduct (a "Breach"), such as (but not limited to) linking to, sending of and/or receiving of visual depictions of people under eighteen (18) years of age, is explicitly prohibited.
- Partner(s) and Directsafepay are entitled to block access to Website(s) without giving you (prior) notice thereof, in case of a (suspected) Breach and/or in case of a chargeback of any amount on behalf of the Client. If, according to Partners(s) and/or Directsafepay, a Breach and/or a chargeback on behalf of the Client has taken place, all Credits still outstanding will be void as of the moment you are notified thereof by Directsafepay and/or Partner(s).
- Any Credits purchased by the Client will be stored in a personal digital wallet of the Client and will be valid for the duration of one (1) year after the last purchase of Credits.
- All Payments made by the Client are payments that are actually performed by the Client it self. No Payments shall have a recurring nature and/or shall be automated bank drafts.
- Refund of paid Credits will solely be possible in the event of non performance of Directsafepay which non performance is not cured within a reasonable period of time.
Waiver of liability
- Client explicitly acknowledges and agrees that the Directsafepay platform functions in connection with platforms of third parties, including but not limited to large telecommunication companies and mobile network operators and the actual submission of a message is dependant on the technical abilities and disabilities of third parties like telecommunication companies and mobile network operators. Therefore, Directsafepay cannot be held liable or responsible for the (correct, complete and/or timely) delivery and/or (correct) retention of Messages.
- Except in the event of gross negligence or wilful misconduct, Directsafepay shall not be liable for any indirect damages, including loss of profits, revenue, data, business or use, incurred by you and/or any third party, whether in an action in contract or tort, or based on a warranty.
- Directsafepay may, through the use of software automatically installed on your computer (a "cookie"), collect information about your visit to our website(s), including what pages you view, the number of bytes transferred, the links you click, the materials you access, and other actions taken on Directsafepay’s websites.
- Directsafepay may collect and/or ask you to submit personally identifiable information ("Personal Information"), for the purpose of providing you with Services and/or to carry out Payment(s). Personal Information will be stored in a secure database, administrated by and/or on behalf of Directsafepay.
- Personal Information which Directsafepay may collect consists of:
- your full name, e-mail address(es) and IP-adress(es);
- credit card or (bank-)account information, such as your credit card and/or bank account number(s) and the expiry date(s) of your credit card(s).
- In order to provide Services and/or carry out Payment(s), Directsafepay may share Personal Information with Partners and financial institutions. Personal Information collected by Directsafepay will not be shared with (other) third parties without your prior consent, unless stipulated otherwise in this Disclaimer and/or any (other) agreement between you and Directsafepay and/or: (i) in response to duly authorized requests of the police, governmental and/or financial authorities; (ii) in order to investigate and help prevent security threats, fraud and/ or other malicious activity; (iii) in accordance with any law, regulation, subpoena, or court order; (iv) to enforce/protect the rights of Directsafepay and/or Partners.
Miscellaneous / Applicable law / competent court
- Directsafepay is a trade name of Redmessage B.V., a company with limited liability, registered with the Dutch Chamber of Commerce under no. 55472273.
- The Disclaimer is exclusively governed by and shall be exclusively construed in accordance with the laws of The Netherlands. Any disputes arising out of or in connection with the Disclaimer shall be exclusively settled by the competent court of Amsterdam, The Netherlands.