Any reference in this document to “The Daily Woof” shall include references to any and all companies (including but not limited to Curioso Games Ltd), entities, agents and affiliates trading under and/or operate for and/or on behalf of The Daily Woof brand (“We”, “Us”, “Our” or “The Daily Woof”) depending upon the location of the services being purchased and/or accessed by any user and/or any other person interacting with any of The Daily Woof Services (as defined below) (hereinafter “You” or “Your”) pursuant to the terms and conditions set out in this document.
This document sets out the terms which govern Your use of The Daily Woof’s online payment services (“OPS”) in connection with Your purchase of products and services available from The Daily Woof and third party service providers, whose products and services are made available through the The Daily Woof website, suite of mobile apps and/or desktop software packages as well as any other branded or co-branded websites (including but not limited to any sub-domains, international versions, widgets, plug-ins, and/or mobile versions); (b) social plugins such as a ‘like button’, a ‘share button’ and other similar offerings; and (c) other media, brands, products, services, software (such as, by way of example, a toolbar), devices, or networks now existing or later developed by The Daily Woof or any of its partners and/or collaborators now or at any time in the future (collectively “The Daily Woof Services”).
You may not use the OPS if You are under the age of 18. If You are under 18, You must provide to Us the express prior written consent of Your legal guardian before accessing and/or utilising our OPS.
1. Making Purchases
1.1 When You use the OPS to purchase any The Daily Woof Services, You acknowledge and agree that We may communicate with You exclusively electronically any important information regarding Your purchases and/or Your account. We may also provide notices to You by posting them only on Our Website, or, at our sole and unrestricted discretion, by sending them to an email address or street address that You previously provided to us. Website and email notices shall be considered received by You within 24 hours of the time posted or sent; notices by postal mail shall be considered received within three (3) business days of the time sent.
1.2 Except as otherwise stated, You must send notices to us relating to the OPS and these Terms by email to firstname.lastname@example.org
1.3 When You make a purchase using the OPS, You agree to provide a valid funding instrument (for instance, a debit card, credit card, scratch card, voucher or other method of payment expressly approved by The Daily Woof in connection with the relevant purchase of an The Daily Woof Provided Service (each a “Funding Instrument”) to load money into Your electronic value balance or e-wallet. When You have successfully completed this funding transaction, We will then use that value to purchase the relevant The Daily Woof Service including (where applicable) transferring funds to a third party provider of The Daily Woof Provided Services.
1.4 Please pay attention to the details of the transaction, because the total price payable for any The Daily Woof Provided Service may require You to bear the charges for any associated taxes, fees, and shipping costs; We shall not, under any circumstances, be responsible for such associated costs.
1.5 You may be presented with additional terms specific to certain The Daily Woof Provided Services before You confirm and complete the transaction. In such an instance, those additional terms will also govern that transaction.
1.6 If You wish to subscribe to any subscription based The Daily Woof Provided Services, We will bill Your Funding Instrument immediately, and then again at the beginning of each subscription period. The following terms apply for subscriptions purchased through the OPS:
1.6.1 If a free trial period is offered and You do not cancel during the free trial period, You will be billed at the end of the free trial period and at the beginning of each subsequent subscription period.
1.6.2 You can cancel subscriptions at any time by giving one month’s prior notice in writing to Us.
1.6.3 If You cancel a subscription You will still have access to the app or feature You subscribed to through the end of the subscription period. If an app or feature You subscribed to becomes unavailable during Your subscription, You will not be billed at the beginning of the next subscription period.
1.7 You may only use the OPS to process a funding transaction for a legitimate, bona fide purchase of an The Daily Woof Provided Service.
1.8 If You are under the age of eighteen (18), You may use the OPS only with the permission and involvement of Your parent or guardian.
1.9 You acknowledge that certain of the The Daily Woof Provided Services that You may purchase are not supplied or sold by The Daily Woof. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH THE DAILY WOOF.
2. Payment Methods
2.1 You may complete transactions via the OPS using approved Funding Instruments.
2.2 When You provide a Funding Instrument to us, You confirm that You are permitted to use that Funding Instrument. When You fund a transaction, You authorise us (and Our designated payment processors) to charge the full amount to the Funding Instrument You designate for the transaction. You also authorise us to collect and store that funding instrument, along with other related transaction information.
2.3 If You pay by credit or debit card, We may obtain a pre-approval from the issuer of the card for an amount, which may be as high as the full price of Your purchase. We will bill Your card at the time You load funds for Your Additional Paid Services, or shortly thereafter. If You cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to You.
2.4 If You fund a payment by way of a debit card and the transaction in question invokes Your overdraft, You shall be responsible for bearing the associated costs. Please note that if, due to You exceeding any credit limits, You shall remain liable to us until and unless any amounts owed to Us are settled in full.
2.5 Mobile operator billing is another payment method We may make available for Your convenience. If You use mobile billing as a Funding Instrument, You herewith , consent to the following applicable risks and other terms:
2.5.1 By making a payment via the mobile billing payment method, You agree that The Daily Woof and Your mobile operator may exchange information about You in order to facilitate completion or reversal of payments, resolution of disputes, provision of customer support, or other billing-related activity.
2.5.2 You shall, at all times, be responsible for any associated charges, fees, changes to Your mobile plan service or billing, alterations to Your mobile device, or any other consequence that may arise out of Your use of the mobile billing method.
2.5.3 By making a payment via the mobile billing method, in addition to these Terms You also agree to being bound by additional terms at Your mobile operator’s direction and if You have any queries regarding such payable charges then You shall take these up with Your mobile operator.
3. Actions We May Take
3.1 We reserve the right to revoke Your eligibility to use OPS at any time at Our sole and unrestricted discretion.
3.2 By using OPS, We reserve the right to and You agree to allow us to make any inquiries that We consider necessary, either directly or through third parties, concerning Your identity and creditworthiness.
3.3 We may cancel any transaction if We believe the transaction violates these OPS Payment Terms, or if We believe doing so may prevent financial loss. We may also cancel any electronic value accumulated, transferred, assigned, or sold as a result of fraudulent or illegal behaviour.
3.4 In order to prevent financial loss to You or to us, We may place a delay on a payment for a period of time, or limit Funding Instruments for a transaction, or limit Your ability to make a purchase, or deactivate Your account.
3.5 In order to prevent financial loss to You or to us, We may contact Your Funding Instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments You are associated with, if We believe doing so may prevent financial loss or a violation of law.
3.6 If there is a balance remaining on Your account, the balance shall be submitted to the appropriate governing body as required by law.
4. Disputes and Reversals
4.1 If You enter into a transaction with a third party in relation to the purchase of The Daily Woof Services, and have a dispute over the goods or services You purchased through or facilitated by Us, We shall have no liability for any goods or services underlying the transaction where they are not identified as being a The Daily Woof Service. Our sole responsibility is to handle Your funding transaction in a competent and risk-free manner. All funding transactions are final unless otherwise required by law. If You order something that becomes unavailable before it can be provided to You, You may request a refund of the amount You advanced for the The Daily Woof Services.
4.2 If You believe that an unauthorised or otherwise problematic transaction has taken place under Your account, You agree to notify us immediately, so that We may take appropriate action to prevent any financial loss resulting from the unauthorised transaction. If You do not submit the claim to us within 30 days after the charge, You will be deemed to have waived, to the fullest extent permitted by law, any and all claims against Us and/or Our partners arising out of or otherwise related to such transaction.
4.3 We may, in our sole and unrestricted discretion, intervene in disputes concerning payments that may arise between You and any other party, but You acknowledge and agree that We have no obligation to do so.
4.4 If You experience a technical failure or interruption of service that causes Your funding transaction to fail, You may request that Your transaction be completed at a later time.
5.1 If and When You purchase advertising or promoted posts on or through The Daily Woof, You agree to pay all amounts specified in the purchase order, along with any applicable taxes that may be applicable in Your country, as well as any tariffs, customs duties and/or taxes that may be attributable to such transaction.
5.2 By placing an order, You agree to allow us to obtain Your personal and/or business credit report from a reputable credit bureau. We may, at our discretion, obtain Your credit report when You place an order, or at any reasonable time thereafter.
5.3 You are responsible for maintaining the security of Your advertising account, and You understand that You will be charged for any orders placed on or through Your advertising account.
5.4 You can cancel an advertising order within 24hrs of starting the ad by contacting us at email@example.com, but Your advert may run for several days after You notify us, and You are still responsible for paying for that advert.
5.5 The amounts charged to You by Us, whether through Your credit card or otherwise, may be subject to and include applicable taxes, including without limitation VAT and withholding taxes. It is Your responsibility to remit any taxes that apply to Your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of Your failure to do so.
5.6 If You purchase advertising, and Your payment method fails or Your account is past due, We may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys’ fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or (if lower) the maximum rate permitted by applicable law.
5.7 When You purchase advertising or paid content on or through The Daily Woof, You will fall under one of two categories depending on Your payment method: invoiced or non-invoiced user. Invoiced users are those to whom We extend a credit line and issue invoices on a periodic basis for payment. Non-invoiced users are those who make payments at the time of purchase itself. Users are eligible to become invoiced users based on factors such as ad spend and creditworthiness. We retain the final right to classify a user as an invoiced user or a non-invoiced user.
We may update these OPS Payment Terms at any time without notice as We deem necessary to the full extent permitted by law. The OPS Payment Terms in place at the time You confirm a transaction will govern that transaction.
7. Customer Complaints
If You have concerns with respect to the money transmission activities conducted via OPS, You may contact The Daily Woof by email to firstname.lastname@example.org
8. Additional Terms
Some countries may restrict or prohibit Your ability to make payments through the OPS. Nothing in these OPS Payment Terms should be read to override or circumvent such local legal provisions.
9. Limitations of Liability
9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DAILY WOOF SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE.
9.2 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE DAILY WOOF EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (GBP 100) OR THE AMOUNT YOU PAID TO THE DAILY WOOF, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM, WHICHEVER IS LOWER. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT ALL SERVICES RELATED TO THE DAILY WOOF HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
10.1 We will notify You before We make changes to these Terms and give You the opportunity to review Our revised Terms before continuing to use Our Services.
10.2 If We make any changes to policies, guidelines or other terms referenced in or incorporated by these Terms, We may provide notice on the website or by individual emails to users.
10.3 Your continued use of the The Daily Woof Services, following notice of the changes to Our terms, policies or guidelines, constitutes Your acceptance of Our amended terms, policies or guidelines.
We may suspend or terminate Your account if You are found to be, or We reasonably believe You to be, in violation of our Terms of Service or any policies set out within our Terms of Service are thought to be creating a risk or possible legal exposure for us. We will make reasonable efforts to notify You by email or at the next time You attempt to access Your account. Alternatively, You may wish to delete Your account at any time. In all such cases, these Terms shall terminate, but the following provisions shall survive termination: 2.4, 2.5, 3-5, and 14-16 in our Terms of Service.
The Laws of England and Wales will govern these Terms and the courts of England and Wales shall have exclusive jurisdiction to preside over any dispute arising out of or in connection with these Terms.
13.1 These Terms make up the entire agreement between the parties regarding The Daily Woof Services, and supersedes any prior agreements.
13.2 If any portion of these Terms are found to be void and/or unenforceable, the remaining portion will remain in full force and effect and the void and/or unenforceable one shall be deemed replaced with such valid and enforceable provision that comes closest to what was commercially endeavoured.
13.3 If We fail to enforce any part of these Terms, it will not be considered a waiver.
13.4 Any amendment to or waiver of these Terms must be made in writing and signed by Us, including being posted by Us in accordance with section 14 of these Terms.
13.5 You will not transfer any of Your rights or obligations under these Terms to anyone else without Our prior written consent, which may be withheld in our sole and restricted discretion.
13.6 All of Our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
13.7 Nothing in these Terms shall prevent us from complying with the law.
13.8 These Terms do not confer any third-party beneficiary rights.
13.9 We reserve all rights not expressly granted to You hereunder.
13.10 You will comply with all applicable laws and obligations when using or accessing The Daily Woof Services.
14. Reference to other documentation