Purpose and Scope
- DB Cherry is a mobile digital wallet solution operated by Baer’s Crest (the Company). References to DB Cherry in these terms and conditions of use (Terms and Conditions) are to the mobile wallet solution and each related product and service, including but not limited to the software platformlication offered as part of DB Cherry enabling users to carry out payments and transfer funds.
- These Terms and Conditions set out the contractual basis on which individual natural persons and certain merchants can access and use DB Cherry. BY USING THE DB CHERRY PLATFORM, YOU AGREE THAT YOU ARE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THE PLATFORM.
- If you are a merchant, your use of DB Cherry will be governed by the terms of the Merchant Agreement between you and the Company. If you are a small business merchant who has registered with DB Cherry without having been fully verified by the Company then, unless the context otherwise requires, these Terms and Conditions will also platformly to your use of DB Cherry. These Terms and Conditions to do not platformly to any other category of merchant. In the event of any conflict between the terms of any Merchant Agreement and these Terms and Conditions, the terms of the relevant Merchant Agreement shall prevail to the extent of the conflict.
- Registered users of DB Cherry can link their debit or prepaid cards or Company accounts held with the Company or other financial institutions to their DB Cherry wallet. They may also use DB Cherry to pay bills under accounts held with certain merchants. These Terms and Conditions do not platformly to the use or operation of any such cards or accounts.
- For further information about how to register with DB Cherry and the services and functionality available with DB Cherry, please refer to the Frequently Asked Questions (FAQs). If there is any conflict or inconsistency between the provisions of these Terms and Conditions and the FAQs, the provisions of these Terms and Conditions shall prevail.
- DB Cherry is available to download to persons aged 18 years and above who do not reside in any of the countries blocked by the Company and you warrant and represent that you meet these requirements.
- You warrant and represent that all information you supply or make available to the Company is true, accurate, and not misleading.
- You acknowledge that, whenever it deems such action necessary in its absolute discretion, the Company reserves the right to:
- decline to register you with DB Cherry; or
- Subject your registration with DB Cherry to any condition whether or not specified in these Terms and Conditions.
- You acknowledge that the Company is not responsible or liable for your inability to use the Platform as a result, directly or indirectly, of defects or malfunctions occurring in respect of your device, including but not limited to the camera used to scan QR codes.
- You acknowledge that, if the Platform is installed or used on a jail-broken or rooted device, the Company shall not be liable for any loss of or destruction, damage, alteration or unauthorized access to files, information or data on your device or the corruption or disablement of your device caused directly or indirectly by the jailbreaking or rooting of your device.
- You need an Internet connection to use the Platform. You acknowledge that the Company does not control your Wi-Fi or mobile service provider, and no warranty is made as to coverage, availability, or service provided by your Wi-Fi or mobile service provider. You further acknowledge that the Company is not responsible for any charges that you may incur from third parties with respect to your use of the Platform, including without limitation any data charges or Internet access fees.
Restrictions on Use
- Once you are registered with DB Cherry in accordance with these Terms and Conditions and subject to your continued compliance with these Terms and Conditions, you shall benefit from a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your personal and non-commercial use. For commercial use, you must have a Merchant agreement in place with Baer’s Crest.
- You must:
- not use the Platform for any illegal or unauthorized purpose or in a manner that could damage or cause risk to the Company’s business, reputation, personnel, customers, facilities or to any third party;
- not introduce into or through the Platform any computer virus, Trojan horse™, worm, logic bomb, back door, malware or similar item whose purpose or possible function is to disable a computer or network or adversely affect its performance;
- use platform appropriate virus scanning software and take other reasonable precautions in respect of the security of your device when accessing or using the Platform;
- not modify, decompile, reverse-engineer or disassemble the Platform or any part of it or remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform;
- not impersonate any other person or access the DB Cherry account of another person without permission;
- not execute transactions through DB Cherry on the basis of funds which were obtained fraudulently or for a fraudulent purpose;
- not use the Platform to transact with any merchant which does not appear in the list of approved merchants available on the Platform or on the DB Cherry website from time to time;
- not infringe the Company’s or any third party’s intellectual property rights, rights of publicity or privacy;
- not post or transmit any message on DB Cherry which is libellous, defamatory or which discloses private or personal matters concerning any person;
- not post or transmit any message, data, image or program on DB Cherry which is pornographic, vulgar or offensive in nature;
- not refuse to cooperate in an investigation conducted by the Company or provide confirmation of your identity or any other information provided by you to the Company;
- not use the Platform in any manner that could damage, disable, overburden, or impair it or the Company™s systems, including, without limitation, by using the Platform in an automated manner;
- not remove, obscure, or alter the Company™s or any third party™s copyright, patent, trademark, or other proprietary rights notices affixed to, contained within or accessed using the Platform;
- not sell, rent, license, distribute, publish or publicly perform or display the Platform or services, software or information associated with or derived from it;
- not use the Platform in a manner that the Company or any payment card network reasonably believes to be an abuse of the payment card system or a violation of payment card network rules;
- not take any action that may cause the Company to lose any of its business partners, including merchants accepting payments using the Platform; or
- Breach these Terms and Conditions or any other agreement, policy, or terms as may be applicable pursuant to or referenced in these Terms and Conditions.
- You should inform the Company immediately using the details published on the Platform if:
- the security information you use to access the Platform, such as your PIN, is compromised in any way so that the Company can disable your DB Cherry account; or
- The device you use to access the Platform is lost or stolen so that the Company can delink your DB Cherry account from the lost or stolen device.
- If you sell or change the device you use to access the Platform, you are advised to delink your DB Cherry account from your old device using the Platform settings to prevent any unauthorized use of your DB Cherry account.
Canceling Orders and Refunds
- DB Cherry provides a platform that allows you to initiate transactions with individuals and merchants and pay or receive payment for products or services. You acknowledge that the Company is not party to any transaction you enter into with any person using DB Cherry.
- You acknowledge that DB Cherry does not enable the return of funds to your DB Cherry account once you have authorized a transaction (known as a chargeback). Your entitlement to cancel an order you place with a merchant or to claim a full or partial refund of any payment you make to a merchant will be subject to the terms and conditions of the relevant recipient of your order or payment.
- A merchant may agree to refund an amount to your DB Cherry account: (i) by notifying the Company and processing the refund using functionality provided by the Company; or (ii) using the merchant’s own refund procedure. You acknowledge that the Company has no obligation to provide any refund functionality or to honor any refund request it receives from a merchant. You further acknowledge that the Company is not responsible or liable for any refund processed using any merchant’s refund procedure.
- Clauses 5.2 and 5.3 do not apply in respect of unauthorized transactions using your DB Cherry account
- You warrant and represent that all information you supply or make available to the Company is true, accurate, and not misleading.
- You acknowledge that the Company may from time to time operate reward schemes through DB Cherry, such as rewards for inviting third parties to register with DB Cherry. At the relevant time, you may be asked to accept further terms and conditions which will determine your entitlement to participate in such schemes and earn rewards. The Company may decide to stop any such scheme at any point in time that it deems fit. The mode of rewards may be credit into DB Cherry or may be in form of vouchers points, etc. The frequency of these rewards, the number of times it can be availed, and the time are taken to provide these rewards will depend on the rewards program and the Company has the full right to decide on this.
- DB Cherry promo codes are only valid on the DB Cherry platform
- All DB Cherry promo codes must be entered before confirming a merchant transaction
- Only one promo code can be applied to one transaction at a time.
- An expired promo code is no longer valid to use.
- All promo codes validity is limited to date, usage, and limit
- Subject to the type of promo code:
- A promo code may be assigned to one user for one merchant
- A promo code may be assigned to one user to use in multiple merchants
- A promo code may be assigned to multiple users for one merchant
- A promo code may be assigned to multiple users for multiple merchants
- DB Cherry reserves the right to cancel or modify an order, or revoke the use of promo codes for any reason, including due to:
- Suspicious or fraudulent purchasing activity or promo code usage
- Promo code abuse, including the use of multiple accounts associated with the same DB Cherry user
- Promo codes used for the purpose of reselling
- Unless otherwise stated, promo codes are not valid in conjunction with other promotions or discounts
- DB Cherry promo codes are not exchangeable for cash
- DB Cherry will not be liable and/or be required to offer replacement promo codes, discounts, credits, cash, or otherwise compensate customers for:
- Discontinued or canceled promo codes
- Improper use of, or inability to redeem a promo code
- DB Cherry is liable to refunding or extending the acceptance of a promo code in case of any technical issues.
- DB Cherry reserves all the rights to change these terms and conditions or cancel any promotions at any time and without any prior notice.
- You may be able to add a tip to a payment from your DB Cherry account when purchasing products or services from certain merchants. You acknowledge that any tip you add may be credited to the merchant’s account at the Company or to the personnel of the merchant involved in the supply of the product or service at the absolute discretion of the merchant.
- You acknowledge that all rights in the know-how, trademarks, trade names, patents, copyrights, design rights (whether registered or unregistered), database rights, goodwill, and all other intellectual property rights subsisting in or arising in connection with DB Cherry and the Company’s systems (the Intellectual Property) are, and shall remain, the property of the Company and/or its licensors and that you shall not acquire any proprietary rights in such Intellectual Property and agree not to infringe or challenge the Company’s and/or its licensors rights in the Intellectual Property nor do or permit anything to be done which may be detrimental to the Intellectual Property or which may be inconsistent with or damage the reputation of the Company and/or its licensors. You agree to inform the Company immediately if you become aware of any third party activity which infringes the Intellectual Property.
- You shall indemnify the Company from and against any losses, damages, costs, charges, expenses, and any other liabilities (including, without limitation, reasonable legal fees), incurred or awarded against the Company as a result of, or in connection with, your use of the Intellectual Property otherwise than in accordance with these Terms and Conditions.
Limitation of Liability
- You acknowledge that:
- Information technology and telecommunications systems are not error-free; and
- the Company disclaims all warranties, conditions, guarantees, representations, and statements with respect to DB Cherry and the speed of availability, transfer, and settlement of funds using DB Cherry, either express or implied, whether by statute or otherwise, including any express or implied warranties as to adequacy, timeliness, availability, satisfactory quality or fitness for a particular purpose or use, and all warranties arising from a course of performance and course of dealing under applicable law.
- You acknowledge that you will be unable to execute transactions or otherwise using DB Cherry if:
- You delink your DB Cherry account from your device;
- You continually enter an incorrect PIN when logging into the Platform;
- You press Forgot PIN on the login screen within the Platform (in which case you will be asked to reset your PIN;
- Your browsing session within the Platform is timed out (in which case you will be asked to log in to the Platform again); or
- You attempt to access your DB Cherry account from a device that is not linked to your DB Cherry account, and you acknowledge that the Company is not liable to you in connection with your inability to use DB Cherry in any of these circumstances.
- You acknowledge that any functionality enabling funds to be deposited into a DB Cherry account from a Company account, or withdrawn from a DB Cherry account into a Company account, is dependent on and subject to the banking operations or blockchain operations of all involved parties.
- You acknowledge that no industry standard or practice, including without limitation the Payment Card Industry Data Security Standard (PCI DSS) and Payment application Data Security Standard (PA DSS), shall form part of the obligations of the Company under these Terms and Conditions.
- Subject to Clause 10.6, you acknowledge that the Company excludes liability, whether in contract, for negligence, for breach of statutory duty or otherwise, for any direct loss and any loss of profits, business, revenue, data, goodwill or anticipated savings, or for indirect or consequential loss or damage which may arise out of or in connection with your use of, or inability to use, DB Cherry.
- You acknowledge that neither party excludes liability for:
- Death or personal injury to the extent that the same arises as a result of its own negligence or the negligence of its personnel (as applicable); or
- Any other type of loss for which liability cannot be excluded under applicable law.
- You shall indemnify the Company from and against any losses and liabilities (including, without limitation, reasonable legal fees), incurred or awarded against the Company as a result of, or in connection with, your use of DB Cherry and/or breach of these Terms and Conditions.
Term, Termination, and Suspension
- These Terms and Conditions become binding once you select Accept.
- You acknowledge that the Company may terminate or suspend without notice your access to the Platform or any other part of DB Cherry whenever it deems such action necessary in its absolute discretion and without liability to you or to any third party. Upon such termination or suspension, you agree to immediately stop using DB Cherry. These remedies are without prejudice to any other remedies which the Company may have under applicable law.
- If the Company terminates your access to DB Cherry, your DB Cherry account will be suspended and any remaining funds processed in accordance with DB Cherry standard account suspension procedures.
- The rights of termination and suspension in this clause 12 may be exercised without the order of any court or other judicial authority.
- All rights and obligations of the parties in respect of these Terms and Conditions shall cease to have effect immediately upon termination of these Terms and Conditions except for any rights or liabilities which have accrued up to the date of termination.
- You agree that the Company may make operational changes to DB Cherry at any time, including by changing the minimum specifications of the systems or devices required for access to them. You acknowledge that the Company will use reasonable endeavours to provide notification of material changes DB Cherry by placing a message on the Platform or by otherwise notifying you in accordance with these Terms and Conditions.
- You agree to the Company varying these Terms and Conditions or the FAQs at any time by giving reasonable notice to you.
- If you do not agree with any change made by the Company to DB Cherry or these Terms and Conditions, your sole and exclusive remedy is to stop your use of DB Cherry.
- Sub-contracting and Assignment
- You acknowledge that, to the extent permitted by law, the Company may assign, sub-contract, delegate or otherwise transfer the benefit of these Terms and Conditions or any of the Company™s obligations under them to any other person without your consent.
- You shall not, or purport to, assign, sub-contract, delegate or otherwise transfer the benefit of these Terms and Conditions or any of your obligations under them to any other person without the Company™s prior written consent.
- The Company is authorized by the Central Company to provide the digital payment services within DB Cherry in accordance with the Central Company™s Regulatory Framework for Stored Values and Electronic Payment Systems (the Framework). DB Cherry is operated in accordance with the requirements of the Framework. You acknowledge that, amongst other things, the Framework:
- places limits on the amount that can be funded to your DB Cherry account per month, the amount that can be held in your DB Cherry account, the amount of each transaction you can initiate using DB Cherry, and on your daily spending using DB Cherry; and
- Authorizes the Company to apply charges for the execution of certain transactions using DB Cherry.
Dispute and claims
- Once a Transfer has been completed, it shall be deemed final and irrevocable. As such, DB Cherry shall not be under any obligation to reverse any transaction.
- Notwithstanding clause 18.1, DB Cherry reserves the right, at its sole discretion, to cancel or reverse a Transfer on the basis of a manifest error or on the basis of fraud and provided that the Recipient has not redeemed the funds and the request to reverse the Transfer is made within 90 days of the erroneous Transfer date.
- Dispute process
- If you wish to file a dispute, contact our support teams. The dispute must be submitted within 90 days of the transaction in dispute.
- DB Cherry reserves the right to investigate and accept only fraudulent cases. If the dispute is found not to be fraudulent, DB Cherry will close the dispute and you will not be eligible for any reimbursement.
- Investigation and resolution on fraudulent transactions can take up to 80 days and DB Cherry reserves the right to reverse any interim credit provided.
- DB Cherry also may immediately: a) decline your application for any or all of the services, b) terminate any or all of the services, c) reverse any relevant transaction d) withhold funds from you or restrict your access to funds or your DB Cherry account, e) Do anything else we reasonably consider necessary.
- DB Cherry shall inform you of any such actions we take unless DB Cherry has a reasonable belief that we are prevented from doing so by law or regulation or we believe that doing so would compromise our anti-fraud or security measures.
- You acknowledge that DB Cherry is under no obligation to recall funds or is liable if DB Cherry is unable to partially or fully recall the funds subject to the dispute.
- If you submit or provide suggestions for improving DB Cherry (Feedback) to the Company by contacting our support teams or otherwise, you agree that the Company will be free to exercise any and all rights in the Feedback without restriction, including any obligation to attribute the Feedback to you or to compensate you in any manner whatsoever. You must not give the Company any information that is confidential, commercially sensitive or contains original creative work or is the intellectual property or proprietary property of you or another person.
- You agree that the Company may contact you by any lawful method, including by email or using the mobile phone number you provided to the Company upon registration. You agree to keep any contact details notified to the Company current. If your contact details change, please inform the Company by contacting the Call Centre.
- We do not offer international currency transfer services (Transfer Service) to all countries.
- The estimated time of arrival (ETA) for funds with respect to each transaction depends on various factors and can vary from the indicative ETA displayed in the Platform.
- CHARGES AND CURRENCY EXCHANGE
- You must pay us the fee stated in the Platform. You can only send money in a certain currency or currencies which will be determined at the sole discretion of the Company.
- RESTRICTIONS ON TRANSFER SERVICES
- There are limits on the amount you are able to send by way of the Transfer Service. We may refuse to send the money if we reasonably believe that: (a) by doing so we might break any law, regulation, code or other duty that applies to us; (b) doing so may expose us to action from any government or regulator, or (c) it may be linked with fraudulent or illegal activity. (d) if it fails our compliance checks
- CANCELLING AND REFUNDING A TRANSFER
- You do not have a right to cancel a Transfer Service. We may nevertheless be able to cancel it before the Recipient receives the money.
- Refunds may take up to 7 working days in case the transaction is eligible for refunds
- ADDITIONAL CONDITIONS
- We will send the money to the account you specify in the Platform. For information on when a payment will be credited to such an account, you need to contact the Recipient’s account provider.
- The Recipient’s account provider may apply its own charges to the Transfer Service, which does not involve us.
- OTHER TERMS
- We will report money transfers to any government authorities if we are required to do so by law.
- These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (and any non-contractual obligations arising out of or in connection with them) shall be governed by the laws of Canada.
- You agree that the courts of Vancouver will have exclusive jurisdiction to hear any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual obligations, disputes or claims).
- These Terms and Conditions shall constitute the entire agreement between the parties in respect of their subject matter.
- You acknowledge that in entering into these Terms and Conditions you have not relied on any representation, warranty, collateral contract or other assurance (except those set out in these Terms and Conditions) made earlier by or on behalf of the Company. You hereby waive all rights and remedies which, but for this clause 19.4, might otherwise be available to you in respect of any such representation, warranty, collateral contract or other assurance.
- You agree that no failure or delay by the Company to enforce, or exercise, or any partial, single or defective exercise or enforcement of, any right, remedy, power or privilege given to the Company pursuant to these Terms and Conditions shall constitute a waiver or partial waiver of any such right, remedy, power or privilege or operate to prevent the exercise or enforcement of any further right, remedy, power or privilege at any subsequent time.
- You undertake, at the request and cost of the Company (unless otherwise agreed or specified in these Terms and Conditions) to do all acts and execute all documents which may be necessary to give full effect to these Terms and Conditions.
- Nothing in these Terms and Conditions shall be construed as constituting a partnership or agency between the parties hereto for any purpose.
- Nothing in these Terms and Conditions shall confer, nor be intended to confer, any right or benefit on any third party.
- All the terms in this policy are under the legal jurisdiction of Megadodo Inc. (Company Number: 93-3100273), Baer’s Crest (Canada) Inc. (Company Number: BC1311595) and Megadodo Technologies Ltd. (Company Number: 11555366)