These Terms of Use ("Terms") form a legally binding agreement between you and
DAPESWE LTD, a company incorporated in England and Wales under company number
16417530, with its registered office at
35–37 Ludgate Hill, London, England, EC4M 7JN ("Dapeswe"). Throughout these Terms, references to Dapeswe mean DAPESWE LTD unless the context expressly indicates otherwise.
Dapeswe operates a digital platform that connects individuals and businesses through commerce, services, events, business relationships and other experiences and functionality made available through the Dapeswe platform from time to time.
These Terms govern your Dapeswe account and your access to and use of the Dapeswe website, platform, account areas, features, functionality and services that are subject to these Terms (collectively, the
"Services").
Different parts of Dapeswe may be governed by additional terms depending on the Services you choose to use and the role you choose to take on. You are only required to accept additional terms where they apply to your use of the relevant Service, functionality or role.
- Accepting These Terms
1.1 Your agreement with Dapeswe
By creating a Dapeswe account and expressly accepting these Terms through the registration or acceptance process provided by Dapeswe, you enter into a legally binding agreement with DAPESWE LTD.
You should read these Terms before accepting them. If you do not agree to these Terms, you must not create or continue to use a Dapeswe account.
Access to Services that require acceptance of these Terms may remain restricted until the required acceptance has been completed.
1.2 Explicit acceptance
Dapeswe uses an explicit policy acceptance system.
Where your acceptance of these Terms or any Additional Terms is required, Dapeswe may require you to complete the applicable acceptance process before allowing you to access the relevant account, role, module, feature or Service.
Dapeswe may record information relating to your acceptance, including the applicable policy or agreement, its version, the date and time of acceptance and other technical or security information reasonably necessary to maintain evidence of acceptance and protect the integrity of the Services.
The fact that you may technically be able to view a public page of Dapeswe does not, by itself, replace an express acceptance where Dapeswe requires one.
1.3 Changes and renewed acceptance
Dapeswe may amend these Terms from time to time, including to reflect changes to the Services, applicable law, regulatory requirements, security requirements or the way Dapeswe operates.
Each published version may have its own version identifier and effective or update date.
Where Dapeswe determines that a change requires renewed acceptance, access to some or all relevant Services may be restricted until you have reviewed and accepted the updated Terms.
Your acceptance of one version does not constitute advance acceptance of future versions that Dapeswe specifically requires you to accept.
Minor changes that do not materially affect your rights or obligations may not require renewed acceptance where permitted by applicable law.
1.4 Eligibility and authority
You may only enter into these Terms if you have the legal capacity and authority required to do so.
Where you use Dapeswe on behalf of a company, partnership, sole-trader business or another organisation, you represent that you are authorised to act on its behalf to the extent applicable to the relevant Service.
Additional eligibility, verification, age or authority requirements may apply to particular business roles or Services.
1.5 Your account and additional roles
Creating a standard Dapeswe account does not automatically grant you any business, professional or other specialised role offered through Dapeswe.
Certain roles may require a separate application, verification, approval, security requirements or acceptance of Additional Terms.
Approval for one role or Service does not automatically grant access to another.
- Other Policies and Additional Terms
2.1 A modular legal framework
Dapeswe is designed as a modular platform. Different Services and roles may involve different relationships, responsibilities and risks.
For this reason, these Terms provide the general legal framework governing your Dapeswe account, while additional policies, agreements and module-specific terms may apply only when you use the relevant functionality.
Depending on how you use Dapeswe, the applicable documents may include, without limitation:
Together with these Terms, any additional terms that validly apply to you are referred to in these Terms as the
"Additional Terms".
2.2 Additional Terms apply only where relevant
You are not automatically bound by every Additional Term merely because you have a Dapeswe account.
Additional Terms become applicable where required for the particular role, module, transaction or functionality you choose to use and in accordance with the applicable acceptance process.
For example, applying to become a Vendor may require acceptance of the Vendor Agreement, while accessing functionality within a particular module may require separate acceptance of the terms governing that module.
This allows you to use one part of Dapeswe without automatically assuming contractual obligations associated exclusively with another part of the platform that you have not chosen to use.
2.3 Incorporated policies
The Acceptable Use & Community Policy forms part of these Terms and applies to your use of the Platform and Services. By accepting these Terms, you agree to comply with the Acceptable Use & Community Policy.
Other policies may be incorporated into these Terms or into applicable Additional Terms by reference. Where a policy is expressly incorporated into an agreement that you have accepted, you must comply with that policy when using the Services to which it applies.
The Privacy Policy and Cookie Policy explain how personal data and cookies or similar technologies are handled. They are provided as notices and policies governing those matters and should not be interpreted as creating contractual rights or obligations except where expressly stated or required by applicable law.
2.4 Module-specific acceptance
Dapeswe may require separate acceptance before providing access to particular modules or functionality.
Where separate acceptance is required, you may be redirected to an acceptance or registration page and prevented from accessing the relevant functionality until the applicable Additional Terms have been accepted.
Acceptance of module-specific terms does not replace these Terms. The module-specific terms supplement these Terms for the relevant Service.
If you stop using one module but continue using Dapeswe, these Terms and any other terms that remain applicable to your account or outstanding transactions continue to apply.
2.5 Business and specialised roles
Additional contractual terms may apply where you apply for or operate under a business, professional or other specialised role.
Dapeswe may require verification, approval, additional information, security measures or acceptance of further terms before activating or maintaining such a role.
Holding more than one role may result in more than one set of Additional Terms applying to you at the same time, but only in relation to the activities governed by those terms.
2.6 Terms created by Business Users
Certain Dapeswe Services allow authorised Business Users to publish their own policies or contractual conditions ("Business User Terms").
Business User Terms may include policies intended to apply generally to transactions involving that Business User, policies applicable to a particular Service or module, or conditions applicable to a particular offering, interaction or transaction.
Where applicable, Business User Terms will be made available to you as part of the relevant transaction or interaction.
Business User Terms may provide additional rights, protections or conditions, but they must not:
(a) conflict with applicable law;
(b) remove or restrict rights that cannot lawfully be excluded;
(c) conflict with these Terms or applicable Dapeswe Additional Terms;
(d) transfer a Business User's responsibilities to Dapeswe;
(e) misrepresent Dapeswe as the provider or contracting party where Dapeswe does not hold that role; or
(f) otherwise circumvent requirements or protections imposed by Dapeswe.
2.7 Order of priority
If there is a conflict between terms applicable to the same matter, they will apply, to the extent permitted by law, in the following order:
(1) applicable law and rights that cannot lawfully be excluded or restricted;
(2) these Terms;
(3) applicable Dapeswe Additional Terms, including module-specific terms;
(4) applicable Business User Terms.
Where more than one Dapeswe Additional Term applies and those documents contain specific priority provisions, those provisions will determine the relationship between them.
A Business User may provide you with more favourable rights or conditions than the minimum protections provided by Dapeswe, provided those terms do not conflict with applicable law or Dapeswe's mandatory requirements.
2.8 Review of Business User Terms
Dapeswe may review, moderate, restrict, reject, remove or require changes to Business User Terms where Dapeswe reasonably considers this necessary for compliance, safety, platform integrity or consistency with Dapeswe's rules.
However, Dapeswe does not provide legal advice to Business Users and does not guarantee that a Business User's policy complies with every law or regulatory requirement applicable to that Business User.
Any review, moderation, approval, publication or continued availability of Business User Terms on Dapeswe does
not constitute legal approval, certification or endorsement of those terms and does not transfer responsibility for their content or legality to Dapeswe.
The Business User remains responsible for ensuring that its own terms and policies comply with applicable law and with its obligations under Dapeswe's terms.
2.9 Future Services
Dapeswe may introduce, modify or discontinue Services, modules, roles or functionality over time.
New functionality may be governed by these Terms, by existing Additional Terms or by new Additional Terms.
Where a new Service requires separate contractual acceptance, you will not be treated as having accepted those additional obligations merely because you already hold a Dapeswe account.
Nothing in these Terms requires you to use a newly introduced optional Service.
3. About Dapeswe and Dapeswe's Role
3.1 The Dapeswe platform
Dapeswe provides a digital platform through which users and businesses can discover, communicate, transact, collaborate and access Services and functionality made available through Dapeswe from time to time.
Dapeswe provides technology, infrastructure and platform functionality that may enable interactions and transactions between users.
The precise role of Dapeswe in relation to a particular Service, role or transaction may be further described in the applicable Additional Terms.
3.2 Transactions between users
Unless Dapeswe expressly identifies itself as the provider or contracting party for a particular Service or offering, Dapeswe provides the platform through which the relevant users enter into the underlying transaction with each other.
The user identified as the provider of an offering is responsible for providing that offering and performing the obligations arising from the underlying transaction.
Dapeswe does not become the seller, supplier or other underlying provider merely because Dapeswe provides technology, payment or transaction infrastructure, communications, verification or other functionality in connection with the transaction.
Different arrangements may apply where Dapeswe expressly identifies itself as the provider or contracting party for a particular Service.
3.3 Responsibilities of Business Users
Business Users remain responsible for the offerings, information and obligations that they make available or undertake through Dapeswe.
This includes, where applicable, responsibility for:
(a) the accuracy and legality of listings, offers and information;
(b) the quality, safety, description and lawful provision of goods, services or other offerings;
(c) licences, permissions, registrations, certificates and other requirements applicable to their activities;
(d) complying with applicable legal and regulatory obligations;
(e) honouring transactions and other commitments entered into through Dapeswe;
(f) their own policies and contractual conditions; and
(g) information and personal data they receive where they are independently responsible for its use.
Additional responsibilities may be set out in the applicable Additional Terms.
3.4 Dapeswe's platform rules
Although Dapeswe does not normally provide the underlying offering in a transaction between users, Dapeswe operates and controls the Dapeswe platform.
Dapeswe may establish and enforce platform-wide rules, technical requirements, transaction procedures, security controls, verification requirements and minimum standards that apply to activity conducted through the Services.
These requirements may provide protections or procedures that apply independently of, and take priority over, conflicting Business User Terms in accordance with Section 2.
3.5 Platform intervention
Dapeswe may intervene in transactions, account activity or interactions where reasonably necessary to operate or protect the Services, enforce applicable terms, address a complaint or dispute, prevent fraud or abuse, protect users, comply with legal or regulatory obligations, respond to payment-related issues or preserve the security and integrity of the platform.
Depending on the circumstances and applicable terms, this may include reviewing information, requesting evidence, restricting functionality, placing or maintaining restrictions on payments or payouts, facilitating or issuing refunds, cancelling or invalidating platform functionality, suspending an account or taking other proportionate action available under these Terms or the applicable Additional Terms.
Any such intervention does not, by itself, make Dapeswe a party to an underlying transaction or transfer another user's obligations to Dapeswe.
3.6 Third-party services
Some Dapeswe functionality may depend on or integrate with third-party services, including payment providers, identity or business verification services, authentication providers, mapping services and other technical providers.
Use of certain functionality may therefore also be subject to requirements imposed by the relevant third-party provider.
Dapeswe may transmit information to or receive information from such providers where necessary to provide the relevant Service, perform verification, process transactions, maintain security or comply with applicable law, as further described in the Privacy Policy and applicable Additional Terms.
Dapeswe is not responsible for the independent services, systems or acts of third parties to the extent permitted by applicable law, but nothing in these Terms excludes any responsibility that Dapeswe cannot lawfully exclude.
4. Your Account
4.1 Creating an account
Certain Dapeswe Services require a registered account.
When creating or maintaining an account, you must provide information that is accurate, current and complete where requested and must update that information where necessary.
You must not create an account using false information, impersonate another person or business, misrepresent your identity or authority, or use an account in a manner intended to circumvent a restriction, suspension or other measure imposed by Dapeswe.
4.2 One person, different roles
Your Dapeswe account may provide access to different Services and roles over time.
Creating an account does not automatically activate every role or Service available through Dapeswe. Certain functionality may require a separate application, verification, approval, acceptance of Additional Terms or other activation process.
Where your account holds multiple roles, your activities in each role are subject to the terms applicable to that role.
4.3 Account security
You are responsible for taking reasonable steps to keep your account secure.
You must keep your login credentials confidential and must not knowingly allow another person to use your personal account credentials in a manner not authorised by Dapeswe.
Where Dapeswe requires two-factor authentication or another security measure for a particular account, role or activity, you must maintain that security measure while the requirement applies.
You must notify Dapeswe promptly if you know or reasonably suspect that your account, credentials or authentication methods have been compromised or used without authorisation.
Dapeswe takes reasonable technical and organisational measures designed to protect user accounts, the Services and information processed through the platform against unauthorised access, misuse, loss, alteration and other security risks.
Depending on the Service, account or level of risk, these measures may include authentication controls, two-factor authentication, access restrictions, security monitoring, verification procedures and integration with supported third-party authentication services.
Dapeswe may allow or require users to authenticate through security functionality provided by Dapeswe or supported third-party providers, including services such as Google or Microsoft authentication.
Dapeswe may introduce, replace, strengthen or require particular security measures where reasonably necessary to protect users, accounts or the Services.
No method of authentication, transmission, storage or information security can eliminate every security risk. Dapeswe therefore does not guarantee that an account or the Services can never be compromised.
Users remain responsible for complying with the account-security obligations set out in these Terms, including protecting their credentials and promptly reporting suspected unauthorised access.
4.4 Third-party sign-in
Dapeswe may allow you to create or access your account using supported third-party authentication services, including Google or Microsoft.
Using a third-party authentication method does not transfer responsibility for your Dapeswe account to that provider and does not change your obligations under these Terms.
Your use of the third-party authentication service may also be subject to the provider's own terms and privacy practices.
4.5 Responsibility for account activity
You are responsible for activity carried out through your account where that activity was authorised by you or resulted from your failure to take reasonable measures to protect your account.
This does not make you responsible for unauthorised activity that was not caused or facilitated by your acts or omissions, and nothing in these Terms affects rights or protections that cannot lawfully be excluded.
If you believe unauthorised activity has occurred, you should contact Dapeswe as soon as reasonably possible.
4.6 Business representatives
Where you act for a company, sole-trader business or other organisation, you must have authority to provide information, submit applications, accept applicable agreements and perform the actions you take on behalf of that business.
Dapeswe may require evidence of your identity, authority or relationship with the business.
A business may be responsible for actions carried out by its authorised representatives, team members or other persons to whom it grants permissions through Dapeswe, subject to the applicable Additional Terms.
4.7 Verification
Dapeswe may require identity, business, payment, regulatory, security or other verification before activating or continuing to provide certain Services.
Verification requirements may vary according to the role, activity, transaction, risk profile or legal requirements involved.
Dapeswe may use information supplied directly by you as well as information obtained through authorised third-party sources and verification providers.
Dapeswe may use automated checks, manual review or a combination of both.
Successful completion of one verification process does not prevent Dapeswe from requesting additional or updated information where reasonably necessary.
4.8 Accuracy and changes to information
You are responsible for keeping information associated with your account reasonably accurate and current.
Certain verified information may not be freely editable and may require a new verification process or review before a change takes effect.
Dapeswe may restrict relevant functionality while material account or verification information is incomplete, inconsistent, expired or under review.
4.9 Account permissions and team access
Certain Services may allow authorised users to create teams, assign roles or grant other users different levels of access.
Where you have authority to manage such permissions, you are responsible for assigning them appropriately and reviewing or removing access when it is no longer required.
A role or permission granted within one area of Dapeswe does not automatically provide access to another area.
Additional rules concerning team members, administrators, moderators or other specialised roles and permissions may be set out in the relevant Additional Terms.
4.10 Account transfer and sale
Unless expressly permitted by Dapeswe, you must not sell, transfer, assign or otherwise provide control of your account to another person.
Changes in ownership or control of a business account may require notification, reverification or approval by Dapeswe.
4.11 Keeping Dapeswe informed
You should promptly inform Dapeswe of material changes that may affect your eligibility to use a Service, including where applicable changes to your business status, authority, required licences or certifications, payment information or other information on which Dapeswe relied when granting access to a specialised role.
5. Minors and Age Requirements
5.1 Account holders
You must be at least
18 years old to create and hold a Dapeswe account in your own name.
By creating an account, you confirm that you are at least 18 years old and legally capable of entering into these Terms.
5.2 Users aged 13 to 17
A person aged between 13 and 17 may use permitted parts of Dapeswe only through an account owned by their parent or legal guardian and with that person's permission and direct supervision.
The parent or legal guardian must be the registered account holder and is responsible for the account and for supervising the minor's use of Dapeswe.
The account information must relate to the adult account holder where Dapeswe requires information about the account owner.
A minor must not falsely represent themselves as the adult account holder.
5.3 Users under 13
Dapeswe is not intended for use by children under the age of 13.
A person under 13 must not create an account or independently use Services requiring a Dapeswe account.
5.4 Business and specialised roles
Regardless of the provisions above concerning supervised use by minors, a person under 18 may not independently act through Dapeswe in a business, professional or other specialised role that requires legal capacity, business responsibility, verification or acceptance of specialised contractual obligations.
Any such role must be held and controlled by an eligible adult or legal business entity acting through an authorised adult representative.
5.5 Age-restricted offerings and Services
Certain goods, services, offerings or functionality available through Dapeswe may have their own age restrictions or eligibility requirements.
Business Users are responsible for identifying and complying with legal age restrictions applicable to the offerings or activities they provide and must not use their own policies to circumvent Dapeswe requirements or applicable law.
Dapeswe may restrict access to particular content, transactions, offerings or functionality on the basis of age where required by law, platform rules or the nature of the relevant Service.
5.6 Responsibility of parents and guardians
Where a parent or legal guardian permits a minor aged 13 to 17 to use Dapeswe through the adult's account, the adult is responsible for supervising that use and for activity carried out with their permission.
Parents and guardians should consider whether a particular transaction, communication, offering or other activity available through Dapeswe is appropriate for the minor before permitting them to participate.
5.7 Age verification and restrictions
Dapeswe may request information or take reasonable steps to verify age where necessary for safety, legal compliance, access to restricted Services or investigation of suspected misuse.
If Dapeswe reasonably believes that an account is being operated in breach of these age requirements, Dapeswe may restrict or suspend relevant functionality while the matter is reviewed and may take further action in accordance with these Terms.
6. Business Accounts and Roles
6.1 Business use of Dapeswe
Dapeswe allows eligible users to access certain Services in a business or professional capacity.
Dapeswe may make different business, professional or specialised roles available through the Services from time to time.
A standard Dapeswe account does not automatically provide access to business or specialised functionality.
6.2 Applications and approval
Certain business roles require an application and approval by Dapeswe before the relevant functionality becomes available.
As part of an application or subsequent review, Dapeswe may require information or documentation concerning you, your business, its owners or controllers, authorised representatives, trading activities, bank account, regulatory status, licences, certifications or other matters reasonably relevant to the Services you wish to use.
Dapeswe may assess applications using automated systems, manual review or a combination of both.
Submission of an application does not guarantee approval.
6.3 Vendor status
A user wishing to operate as a Vendor must complete the applicable Vendor application and accept the Vendor Agreement before accessing functionality reserved for approved Vendors.
Vendor status may be subject to identity, business, security, payment or other verification requirements.
Approval as a Vendor does not automatically grant access to every Dapeswe Service, module or specialised functionality. Where additional acceptance, registration, verification or approval is required, the Vendor must complete the applicable requirements before obtaining access.
6.4 Other business and specialised roles
Dapeswe may make additional business or specialised roles available in connection with particular Services.
Such roles may have separate eligibility, application, verification, approval, security or contractual requirements established in the applicable Additional Terms or through the relevant registration process.
Where one person or business holds multiple roles, the terms applicable to each role apply only to activities carried out in that capacity unless expressly stated otherwise.
6.5 Module and Service access
Dapeswe may operate Services through separate modules, systems or areas of functionality.
Access to a particular Service or module may require separate registration, approval, verification or acceptance of Additional Terms even where the user already has an account or an approved business role elsewhere on Dapeswe.
Approval for, or use of, one Service, module or role does not automatically grant access to another or make terms relating exclusively to another Service, module or role applicable.
Different Services, modules and roles may therefore be activated and governed independently.
6.6 Ongoing eligibility
Approval of a business or specialised role does not guarantee permanent access to that role.
You must continue to satisfy applicable eligibility, verification, security and compliance requirements.
Dapeswe may request updated information or documentation and may review a business account where reasonably necessary, including following material account changes, complaints, unusual activity, payment issues, expiration of relevant documents or changes in legal or regulatory requirements.
6.7 No endorsement
Approval, verification or continued availability of a Business User on Dapeswe does not constitute an endorsement, guarantee or certification by Dapeswe of that user's offerings, business, financial condition or legal compliance.
Verification performed by Dapeswe or a third-party provider may be limited to the information and checks relevant to the particular verification process.
Business Users remain responsible for their own activities and obligations.
7. Transactions Between Users
7.1 Transactions through Dapeswe
Dapeswe may provide functionality through which users and business users can offer, purchase, provide, receive or otherwise enter into transactions relating to goods, services, access, benefits or other offerings made available through the Services.
Unless Dapeswe expressly identifies itself as the provider of a particular offering, the underlying transaction is between the users identified as the relevant parties to that transaction.
Dapeswe may provide technology, infrastructure and supporting Services in connection with a transaction without becoming the provider of the underlying offering.
7.2 Responsibility for offerings
A user who makes an offering available through Dapeswe is responsible for that offering and for performing the obligations arising from transactions entered into in connection with it.
This includes responsibility, where applicable, for ensuring that:
(a) information about the offering is accurate and not materially misleading;
(b) the offering may lawfully be provided;
(c) all required licences, registrations, permissions, certifications or authorisations are maintained;
(d) applicable legal and regulatory requirements are complied with;
(e) valid commitments made through Dapeswe are honoured; and
(f) applicable transaction conditions and Business User Terms are complied with.
The applicable Additional Terms may establish further responsibilities for particular roles or Services.
7.3 Transaction information
Dapeswe may provide functionality allowing users to specify or receive information and conditions relevant to a transaction.
Depending on the Service, these may include descriptions, prices, quantities, availability, options, dates, locations, eligibility requirements, fulfilment conditions, cancellation or refund conditions and other transaction-specific information.
The user responsible for providing or configuring such information must ensure that it is accurate, lawful and sufficiently clear for the relevant transaction.
7.4 Terms applicable to a transaction
A transaction conducted through Dapeswe may be subject to:
(a) these Terms;
(b) applicable Dapeswe Additional Terms;
(c) transaction-specific information or conditions presented through the relevant Service; and
(d) applicable Business User Terms.
These terms apply subject to the order of priority established in Section 2 and to any rights or obligations that cannot lawfully be excluded or restricted.
7.5 Changes after a transaction
Unless permitted by applicable law or the terms governing the transaction, a user must not retrospectively remove rights or materially alter obligations applicable to a transaction after it has been completed.
Where a Service permits a transaction to be changed after completion, the consequences of that change will be governed by the applicable Additional Terms, transaction conditions and applicable law.
7.6 Performance and platform records
Users must perform obligations arising from transactions conducted through Dapeswe in accordance with applicable law and the terms governing the transaction.
Dapeswe may generate and maintain technical or transactional records in connection with use of the Services.
Where relevant, Dapeswe may use such records to operate the Services, determine platform status, provide support, investigate reports, administer payments or refunds, address disputes or enforce applicable terms.
7.7 Problems with transactions
Where a problem arises in connection with a transaction, users may use support, reporting, refund, dispute or other functionality made available by Dapeswe.
Dapeswe may request relevant information from the parties and may take action available under these Terms or applicable Additional Terms.
The availability of Dapeswe support or intervention does not, by itself, transfer the underlying obligations of one user to Dapeswe.
7.8 Statutory rights
Nothing in these Terms or in any Business User Terms excludes, restricts or replaces any right or remedy that cannot lawfully be excluded or restricted.
A business user is responsible for determining and complying with the legal obligations that apply to the transactions it enters into through Dapeswe.
8. Payments, Refunds and Platform Credits
8.1 Payment Services
Dapeswe may provide payment functionality in connection with certain Services and transactions.
Payment functionality may be provided using third-party payment service providers and other financial infrastructure integrated with Dapeswe.
The processing of a payment through Dapeswe does not, by itself, make Dapeswe the provider of the underlying offering.
8.2 Additional payment terms
Payments, fees, balances, payout eligibility, payout processing, refunds, reversals, payment disputes, chargebacks and related matters may be governed by the
Payments, Fees & Payouts Policy and any applicable Additional Terms.
Where payment functionality is used, you must comply with the payment terms applicable to your role and the relevant Service.
8.3 Payment processing
Dapeswe may receive, process, administer or facilitate payments through the payment infrastructure used by the platform.
Amounts associated with a transaction may be subject to conditions or restrictions before they become eligible for payout to a business user.
The existence of an amount displayed within an account does not necessarily mean that the amount is immediately payable, withdrawable or otherwise available to the account holder.
The applicable Payments, Fees & Payouts Policy and Additional Terms determine the status and treatment of such amounts.
8.4 Payment accounts and verification
Access to certain payment or payout functionality may require users to provide information, complete verification or establish an eligible payment or payout account.
Verification may be performed by Dapeswe, a payment service provider or both.
Payment functionality may be restricted where required information or verification has not been completed or where continued access cannot be provided under applicable legal, security, risk or payment-provider requirements.
8.5 Fees
Dapeswe may charge fees for particular Services, transactions or business functionality.
Applicable fees and the basis on which they are calculated will be disclosed through the relevant Service, agreement, transaction interface, Additional Terms or Payments, Fees & Payouts Policy.
Different Services or roles may be subject to different fees.
8.6 Refunds
Refund availability may depend on applicable law, the relevant Service, the applicable Additional Terms, transaction-specific conditions and any applicable Business User Terms.
Where permitted, a business user may issue a refund through functionality provided by Dapeswe.
Dapeswe may also facilitate, process, require or issue a refund where authorised by the applicable terms, necessary to administer the relevant Service or required by law.
A Business User Policy may provide additional refund rights but cannot remove rights that apply under law or mandatory Dapeswe terms.
8.7 Payment disputes and chargebacks
Payments made through Dapeswe may be subject to payment disputes, reversals or chargebacks initiated through a payment provider, card issuer, financial institution or other payment mechanism.
Dapeswe may administer, respond to or provide information in connection with such matters where Dapeswe is responsible for or involved in the relevant payment processing.
Dapeswe may use transaction records and other relevant information available through the Services for this purpose.
Detailed responsibility for amounts arising from refunds, disputes, reversals or chargebacks is governed by the Payments, Fees & Payouts Policy and applicable Additional Terms.
8.8 Amounts owed
Where a refund, chargeback, reversal, fee, correction or other amount becomes properly payable by a user under the applicable terms, Dapeswe may exercise the recovery, deduction, set-off or other payment rights provided by the Payments, Fees & Payouts Policy.
Closing an account or ceasing to use a particular Service does not extinguish payment obligations that arose before closure or cessation.
8.9 Payment reviews
Dapeswe may review, restrict or delay payment or payout functionality where reasonably necessary for security, fraud prevention, verification, compliance, investigation, dispute management, payment-provider requirements or other legitimate payment-risk purposes.
The circumstances and procedures applicable to payment and payout reviews are further described in the Payments, Fees & Payouts Policy.
8.10 Platform Credits
Dapeswe may issue promotional balances, rewards, bonuses or other platform credits ("Platform Credits").
Unless Dapeswe expressly provides otherwise for a particular programme, Platform Credits:
(a) are non-monetary benefits;
(b) have no cash value;
(c) cannot be withdrawn or redeemed for cash;
(d) cannot be sold or transferred;
(e) may only be used for eligible purposes specified by Dapeswe; and
(f) are not refundable as money.
Additional eligibility, use or expiry conditions may apply to a particular Platform Credit programme.
Platform Credits are separate from money paid by a user or amounts attributable to transactions.
8.11 Errors and corrections
Dapeswe may take reasonable steps to investigate and correct payment, balance, fee, refund, payout or Platform Credit errors.
Any resulting financial adjustment will be handled in accordance with the applicable Payments, Fees & Payouts Policy, Additional Terms and applicable law.
9. Your Content
9.1 Content you provide
Dapeswe allows users to submit, upload, publish, display, transmit or otherwise provide content through the Services.
This may include, depending on the functionality used, photographs, images, logos, business information, product or offering information, descriptions, listings, policies, comments, messages, questions, responses, profile information and other materials ("User Content").
You retain ownership of any intellectual property rights that you hold in your User Content.
9.2 Your responsibility for User Content
You are responsible for User Content that you provide through Dapeswe.
You must have all rights, licences, permissions and lawful bases necessary to provide and use that content through the Services.
You must not provide User Content that:
(a) infringes another person's intellectual property, privacy, data protection or other legal rights;
(b) is unlawful, fraudulent, deceptive or materially misleading;
(c) contains malicious code or is intended to interfere with the security or operation of Dapeswe;
(d) unlawfully discloses confidential or personal information;
(e) impersonates another person or misrepresents a person, business, product, service, offering or activity;
(f) violates these Terms, the Acceptable Use & Community Policy or other applicable Additional Terms; or
(g) is otherwise prohibited by applicable law.
Additional content requirements may apply to particular Services or business roles.
9.3 Licence to Dapeswe
By providing User Content through the Services, you grant Dapeswe a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, format, adapt, transmit and otherwise use that User Content to the extent reasonably necessary to operate, provide, secure, improve and promote Dapeswe and the Services.
This licence includes the ability to make technical modifications necessary to display or deliver content through different devices, interfaces and formats.
Where User Content is made public through a Service, the licence also allows Dapeswe to display and promote that content in connection with Dapeswe, the relevant Business User, listing, offering or Service.
Dapeswe does not acquire ownership of your User Content merely because you provide it through the Services.
9.4 Promotional use
Where you publish content for public promotion of your business, offerings or activities through Dapeswe, Dapeswe may use that publicly available content to promote the relevant offering, activity and Dapeswe Services through Dapeswe-controlled promotional channels.
Dapeswe will not treat this licence as transferring ownership of your trade marks, logos, photographs or other intellectual property.
Any use outside the scope reasonably connected with operating or promoting Dapeswe and the relevant offering or activity may require additional permission where applicable.
9.5 Personal data within User Content
You must not upload or disclose another person's personal data through Dapeswe unless you have a lawful reason and appropriate authority to do so.
Where Dapeswe provides specific fields or functionality for transaction, participant, recipient, team or other information, you should use that functionality rather than unnecessarily publishing personal information in publicly visible content.
Business Users receiving personal data through Dapeswe must use that information only as permitted by applicable law, the Privacy Policy, applicable Additional Terms and the purposes for which the information was provided.
9.6 Content moderation
Dapeswe may use automated systems, manual review, user reports or a combination of these methods to identify User Content that may breach applicable law or Dapeswe's rules.
Dapeswe may restrict, remove, disable, limit the visibility of or require changes to User Content where Dapeswe reasonably considers this necessary to enforce applicable terms, comply with law, protect users or maintain the security and integrity of the Services.
The availability of User Content on Dapeswe does not constitute Dapeswe's endorsement or legal approval of that content.
9.7 Reporting content
Users may report User Content or activity through available reporting or support functionality.
A report does not automatically establish that a violation has occurred.
Dapeswe may review the available information, request further information where appropriate and determine what platform action, if any, is justified under applicable terms and procedures.
9.8 Removal and account closure
Removing User Content or closing an account does not necessarily result in the immediate deletion of every copy of that content.
Dapeswe may retain information where reasonably necessary for transaction records, legal compliance, fraud prevention, security, dispute resolution, enforcement, backup processes or other purposes described in the Privacy Policy.
Where content has been shared with or lawfully received by another user as part of a transaction, interaction, communication or other Service, account closure may not remove copies or records that the other user is independently entitled or required to retain.
10. Business User Policies
10.1 Creating policies through Dapeswe
Dapeswe may allow eligible Business Users to create and publish policies that apply to their activities through the platform.
Depending on the functionality available, a Business User may be able to maintain:
(a) a global policy intended to apply across relevant transactions involving that Business User;
(b) a policy applicable to a particular Dapeswe module; or
(c) a policy or other conditions applicable to a particular Service, offering or transaction.
The title and content of a Business User Policy may be determined by the Business User, subject to applicable law, these Terms, applicable Additional Terms and Dapeswe's platform requirements.
10.2 Responsibility for policies
A Business User is responsible for the policies it creates.
The Business User must ensure that its policies are accurate, understandable, lawful and appropriate for the offerings, Services or other activities to which they apply.
A Business User must not rely on Dapeswe to draft, validate or determine the legal adequacy of its own policies unless Dapeswe expressly provides a specific service stating otherwise.
10.3 Minimum platform protections
Business User Policies supplement Dapeswe's applicable terms and cannot override mandatory platform protections.
A Business User Policy must not:
(a) exclude or restrict rights that cannot lawfully be excluded;
(b) contradict these Terms or applicable Additional Terms;
(c) purport to exclude mandatory refund, cancellation, safety or other protections established by Dapeswe;
(d) impose obligations on Dapeswe that Dapeswe has not expressly accepted;
(e) represent that Dapeswe guarantees or assumes responsibility for the Business User's offering;
(f) misrepresent the identity of the party providing the relevant offering;
(g) attempt to circumvent Dapeswe's payment, fee, refund, dispute, review or enforcement procedures; or
(h) contain unlawful, misleading, abusive or otherwise prohibited provisions.
10.4 More favourable terms
A business user may provide customers, purchasers or participants with rights or conditions that are more favourable than those otherwise required by Dapeswe, provided that doing so is lawful and does not create obligations for Dapeswe without Dapeswe's express agreement.
Where a business user voluntarily provides an additional right or commitment, that business user is responsible for honouring it.
10.5 Global and module-specific policies
Where both a Global Policy and a Module Policy published by the same business user apply to a transaction, both may form part of the transaction conditions.
The Module Policy may supplement the Global Policy for matters specific to the relevant module but cannot override Dapeswe's Terms or applicable Additional Terms.
Where the business user's own Global Policy and Module Policy conflict with each other, the more specific Module Policy will normally apply to the relevant module unless the applicable transaction information clearly provides otherwise, subject always to Dapeswe's order of priority under Section 2.
10.6 Transaction- and Service-Specific Policies
Where permitted by the applicable Service, a Business User may establish additional policies or conditions relating to a particular Service, offering or transaction.
Such policies or conditions apply only where they are properly made available to the relevant user as part of the applicable interaction or transaction.
Transaction- or Service-specific policies may supplement other applicable Business User Terms but remain subject to the order of priority set out in Section 2.
A Business User may provide additional or more favourable rights through such policies but may not use them to remove mandatory rights, override applicable Dapeswe Terms or Additional Terms, transfer its responsibilities to Dapeswe or otherwise circumvent Dapeswe's requirements.
10.7 Changes to Business User Policies
A business user may update its policies using functionality provided by Dapeswe.
Changes to a Business User Policy do not retrospectively remove or reduce rights or materially alter obligations applicable to a transaction already completed under an earlier version, except where the affected user expressly agrees or where the change is otherwise permitted or required by applicable law or Dapeswe's mandatory terms.
Dapeswe may maintain records of policies or transaction conditions relevant to completed transactions where reasonably necessary for evidence, support, dispute resolution, enforcement or legal compliance.
10.8 Dapeswe review
Dapeswe may perform automated or manual checks of Business User Policies and may reject, restrict, remove or require modification of content that appears inconsistent with applicable law or Dapeswe's rules.
Such review may be limited in scope and is not a substitute for independent legal advice.
Publication, moderation, review or continued availability of a Business User Policy does not mean that Dapeswe has confirmed its legality, enforceability, completeness or suitability.
The business user remains responsible for the policy.
10.9 Conflicting or invalid provisions
Where a provision of a Business User Policy conflicts with a higher-priority term under Section 2, the conflicting provision will not apply to the extent of that conflict.
The remaining provisions of the Business User Policy may continue to apply where they can operate independently.
Dapeswe may take appropriate platform action where a business user repeatedly or materially publishes policies that conflict with Dapeswe's requirements or applicable law.
11. Module-Specific Services
11.1 Dapeswe modules
Dapeswe may organise or provide Services through separate modules, systems or areas of functionality.
Different modules may serve different purposes, involve different user roles and create different rights, responsibilities, transaction structures or operational requirements.
11.2 Module Terms
A module may be governed by Additional Terms specific to that module ("Module Terms").
Module Terms supplement these Terms and may establish rules concerning eligibility, participation, transactions, functionality, responsibilities, payments, fulfilment, cancellations, refunds, disputes or other matters specific to that module.
The applicable Module Terms form part of the legal framework governing your use of that module.
11.3 Access and acceptance
Different Module Terms may use different acceptance mechanisms depending on the nature of the Service and your role.
Some Module Terms may apply through incorporation into an agreement you have already accepted. Others may require separate express acceptance before you can access the relevant module, role or functionality.
Where separate acceptance is required, Dapeswe may restrict access until the required acceptance has been completed.
11.4 Role-specific terms within modules
A module may provide different functionality to different categories of users.
Dapeswe may therefore require additional role-specific terms, registration, verification or approval before allowing access to particular functionality within a module.
Access to one part or role within a module does not automatically provide access to another.
11.5 Independent participation
Using one Dapeswe module does not require you to participate in another module unless Dapeswe expressly states that the Services are technically or contractually dependent on each other.
Terms applicable exclusively to a module you do not use do not become applicable merely because you hold a Dapeswe account or use another Dapeswe Service.
11.6 Changes to Module Terms
Dapeswe may update Module Terms independently of these Terms.
Where an update requires renewed acceptance, Dapeswe may restrict access to the affected module or functionality until the updated Module Terms have been accepted.
An update to Module Terms does not, by itself, require renewed acceptance of these Terms unless these Terms have also been changed in a manner requiring renewed acceptance.
11.7 New modules and Services
Dapeswe may introduce new modules, roles and Services over time.
New modules may be governed by existing Additional Terms, new Module Terms or a combination of both.
The introduction of a new module does not automatically impose the obligations associated with that module on existing users who do not use it.
Where separate acceptance is required, access to the new module may remain unavailable until that acceptance has been completed.
12. Acceptable Use
12.1 Lawful use
You must use Dapeswe and the Services lawfully and must not use them to engage in, facilitate or promote unlawful activity.
12.2 Fraud and deception
You must not use Dapeswe to commit or facilitate fraud, impersonate another person or business, knowingly provide materially false or misleading information, or engage in deceptive activity.
12.3 Security and platform integrity
You must not interfere with the operation, security or integrity of Dapeswe or the Services.
This includes attempting to gain unauthorised access to accounts, systems or data; introducing malicious code; interfering with technical infrastructure; or bypassing security, authentication, verification or access controls.
12.4 Circumvention
You must not use technical, contractual or other means to circumvent restrictions, suspensions, eligibility requirements, required acceptance processes, payment or fee mechanisms, enforcement measures or other controls implemented by Dapeswe in connection with the Services.
You must not create or use accounts, identities or business roles for the purpose of avoiding restrictions or enforcement applied to another account, identity or role.
12.5 Rights of others
You must not use Dapeswe in a manner that unlawfully infringes or violates the rights of another person, including intellectual property, privacy and data protection rights.
12.6 Acceptable Use & Community Policy
More detailed rules concerning permitted and prohibited content, conduct, communications, offerings, automated activity and other uses of the Services are set out in the Acceptable Use & Community Policy.
The Acceptable Use & Community Policy forms part of the rules governing use of the Services where incorporated in accordance with Section 2.
A breach of the Acceptable Use & Community Policy may constitute a breach of these Terms and may result in action under Section 13 or Section 14, as applicable.
13. Support, Reports, Complaints and Disputes
13.1 Dapeswe Support
Dapeswe provides support functionality through which users may request assistance, report problems, raise complaints or provide information concerning activity on the platform.
Support may be provided through tickets and other communication methods made available by Dapeswe.
The available support route may depend on the Service, account area, transaction or activity concerned.
13.2 Contextual support and reports
Dapeswe may provide contextual support or reporting controls within different areas of the Services.
Where a ticket or report is created through such functionality, Dapeswe may automatically associate relevant contextual information with the submission so that the matter can be identified and reviewed.
Depending on where the submission is created, this may include relevant identifiers, account information, transaction information, content references, technical records or other information associated with the subject of the report.
Users may also be able to submit a general support request or complaint through their account.
The handling of personal data associated with support and reporting is described in the Privacy Policy.
13.3 Information provided to Support
When contacting Dapeswe, you must provide information that is accurate to the best of your knowledge and must not knowingly submit false, manipulated or misleading evidence.
Dapeswe may request additional information or evidence where reasonably necessary to understand or investigate a matter.
You should not provide sensitive or unrelated personal information unless it is reasonably necessary for the issue being reported or Dapeswe specifically requests it through an appropriate process.
13.4 User reports
Dapeswe's moderation and enforcement systems may take account of reports submitted by users.
User reports can help Dapeswe identify conduct, content, transactions or other activity that may require review.
However, the existence or number of reports does not, by itself, establish that a violation has occurred.
Dapeswe may assess reports together with platform records, information supplied by relevant users, applicable terms and other evidence reasonably available to Dapeswe.
13.5 Review of complaints
Dapeswe may review complaints and reports using manual review, automated systems or a combination of both.
The nature and extent of a review may depend on the seriousness of the issue, the information available, applicable legal obligations, the affected Service and other relevant circumstances.
Dapeswe may contact relevant users for information or evidence where appropriate.
13.6 Platform decisions
After reviewing a matter, Dapeswe may determine that:
(a) no platform action is required;
(b) additional information is required;
(c) content should be restricted, removed or modified;
(d) a warning or requirement should be issued;
(e) particular functionality should be restricted;
(f) a transaction, payment, refund or other platform process should be reviewed or addressed in accordance with applicable terms;
(g) an account or role should be restricted, suspended or terminated;
(h) the matter should be referred to or handled in cooperation with a payment provider, service provider, competent authority or other appropriate third party; or
(i) another action available under these Terms or applicable Additional Terms is appropriate.
The action available in a particular case depends on the circumstances and the terms governing the relevant Service.
13.7 No automatic outcome
Submitting a report, complaint or support ticket does not guarantee that Dapeswe will take the action requested by the person submitting it.
Dapeswe will determine platform action on the basis of the information reasonably available, applicable terms, platform records and legal obligations.
Dapeswe is not required to resolve a matter in favour of the person who first reports it or solely because one party disagrees with another.
13.8 Disputes between users
Users are responsible for their respective rights, obligations, acts and omissions arising from transactions and interactions with each other.
Where a dispute arises between users, Dapeswe may, but is not obliged to, provide communication, support, refund, reporting or other dispute-management functionality, review information or evidence, facilitate communication between the parties, or otherwise intervene where permitted under these Terms or applicable Additional Terms.
Dapeswe may make decisions concerning the operation of the platform, including transaction status, payments, refunds, access to funds, account functionality, content, restrictions or enforcement. Any such decision may be based on the information reasonably available to Dapeswe, applicable Dapeswe terms and policies, payment or security requirements and the circumstances of the particular case.
Unless applicable law or applicable terms expressly require otherwise, Dapeswe is not required to determine the legal rights, liabilities or remedies of users in relation to an underlying dispute and does not act as a court, tribunal, arbitrator or legal representative of either party.
To the fullest extent permitted by applicable law, Dapeswe is not responsible for claims, demands, losses or damages arising from or relating to a dispute between users, the conduct of another user, or another user's failure to perform its obligations.
Dapeswe's review, assistance, facilitation, refund, payment action, enforcement decision or other involvement in a dispute does not make Dapeswe a party to the underlying transaction, make Dapeswe the legal representative or agent of either user, or transfer the rights, liabilities or obligations of one user to Dapeswe.
Nothing in this Section excludes or limits liability arising from Dapeswe's own acts or omissions to the extent that such liability cannot lawfully be excluded or limited.
13.9 Platform decision and underlying legal rights
A decision made by Dapeswe for the purpose of operating or enforcing the platform does not determine legal rights between users beyond the scope of Dapeswe's Services.
Where applicable, users may retain rights or remedies available to them under law independently of Dapeswe's internal support or dispute process.
Nothing in these Terms prevents a user from exercising a right that cannot lawfully be restricted.
13.10 Repeated or abusive reports
You must not intentionally misuse Dapeswe's support or reporting systems.
This includes knowingly submitting false reports, repeatedly submitting substantially identical complaints without relevant new information for the purpose of harassment or disruption, manipulating evidence, impersonating another person or using support channels to threaten, abuse or harass Dapeswe staff or other users.
This does not prevent users from making genuine repeated reports where new information exists, a problem continues or further reporting is reasonably necessary.
13.11 Cooperation and records
Dapeswe may maintain records of support requests, reports, complaints, responses, evidence and related platform actions where reasonably necessary for support, security, fraud prevention, dispute management, enforcement, legal compliance and improvement of the Services.
Users must reasonably cooperate with legitimate investigations relating to their account or activity where required under applicable terms.
13.12 Emergency and unlawful matters
Dapeswe Support is not an emergency service.
Where there is an immediate risk to life or safety, users should contact the appropriate emergency services.
Dapeswe may preserve, disclose or refer information to competent authorities or other appropriate parties where required or permitted by applicable law, as further described in the Privacy Policy.
14. Suspension and Termination
14.1 Your right to stop using Dapeswe
You may stop using Dapeswe at any time.
Where account closure functionality is available, you may request or initiate closure of your account subject to outstanding obligations, applicable retention requirements and any processes necessary to complete or preserve existing transactions, disputes or other matters.
Stopping use of one module, role or Service does not necessarily require closure of your entire Dapeswe account.
14.2 Outstanding obligations
Account closure, removal of a role or cessation of use does not cancel obligations that arose before that action.
This may include outstanding transactions, refunds, disputes, chargebacks, fees, amounts owed, confidentiality obligations, intellectual property obligations or other responsibilities that by their nature continue after use of the Services ends.
Applicable Additional Terms may contain further provisions concerning the effect of leaving a particular module or business role.
14.3 Restrictions by Dapeswe
Dapeswe may restrict, suspend or terminate access to an account, role, module, transaction or particular functionality where Dapeswe reasonably considers this necessary.
Reasons may include:
(a) breach of these Terms or applicable Additional Terms;
(b) fraud, attempted fraud or materially deceptive activity;
(c) security risks or suspected unauthorised account access;
(d) failure to complete or maintain required verification;
(e) material or repeated complaints or evidence indicating a potential breach requiring investigation;
(f) misuse of Dapeswe's payment, support, reporting or other systems;
(g) activity creating material risk to users, Dapeswe or a third-party service provider;
(h) a requirement or restriction imposed by a payment provider or other service provider necessary for the affected functionality;
(i) legal, regulatory, court or competent-authority requirements;
(j) failure to satisfy eligibility requirements for a particular role or Service; or
(k) another circumstance in which restriction is reasonably necessary to protect the integrity, security or lawful operation of Dapeswe.
14.4 Proportionate restrictions
Where reasonably appropriate, Dapeswe may restrict only the affected role, module or functionality rather than the entire account.
For example, an issue concerning eligibility for a specialised role does not necessarily require restriction of unrelated Services.
However, Dapeswe may apply broader restrictions where the nature or seriousness of the issue creates a platform-wide security, fraud, legal or integrity risk.
14.5 Temporary restrictions and investigations
Dapeswe may impose a temporary restriction while a matter is investigated.
During a restriction, Dapeswe may request information, documents or other evidence reasonably necessary to review the issue.
The duration of a restriction may depend on the nature of the matter, cooperation of relevant parties, third-party processes, legal requirements and the information reasonably available to Dapeswe.
A temporary restriction does not itself constitute a final finding that the user has breached these Terms.
14.6 Payment-related restrictions
Restrictions affecting payments, balances or payouts are additionally subject to the Payments, Fees & Payouts Policy.
Suspension or termination of other account functionality does not automatically release funds or eliminate refunds, chargebacks, reversals, fees or other payment obligations.
Where appropriate, payment-related processes may continue after other account access has been restricted or terminated.
14.7 Content and listings
Where an account, role or Service is restricted or terminated, Dapeswe may remove, disable or limit access to associated User Content, listings or other functionality where reasonably necessary.
Dapeswe may preserve records where required or reasonably necessary for outstanding transactions, support, disputes, fraud prevention, security, enforcement, legal compliance or other legitimate purposes described in the Privacy Policy.
14.8 Existing transactions and commitments
Dapeswe may take reasonable steps to protect or administer existing transactions and commitments when an account or business role is restricted or terminated.
Depending on the circumstances and applicable Additional Terms, Dapeswe may allow existing obligations to be completed, restrict new transactions, facilitate refunds, preserve access to necessary records or take other appropriate action.
Termination does not give a business user the right to disregard valid commitments entered into before termination.
14.9 Third-party dependencies
Where functionality depends on a third-party provider, loss or restriction of access to that provider may result in corresponding Dapeswe functionality becoming unavailable.
Where reasonably possible, Dapeswe may provide information concerning steps required to restore access, but Dapeswe cannot guarantee restoration where the relevant decision is controlled by an independent third party.
14.10 Notice
Where appropriate and legally permitted, Dapeswe may notify you of a material restriction, suspension or termination and may provide information about the reason.
Dapeswe may limit or delay information where disclosure could compromise security, fraud prevention, an investigation, another person's rights, a legal obligation or a requirement imposed by a competent authority or relevant service provider.
14.11 Review of decisions
Where Dapeswe provides a mechanism for requesting review of a restriction, suspension or termination, you may use that mechanism to provide relevant information or explain why you believe the decision should be reconsidered.
A request for review does not automatically suspend or reverse the original measure.
Dapeswe may maintain the measure, modify it or remove it after considering the information reasonably available.
14.12 Attempts to evade restrictions
You must not create or use another account, identity, business entity or other arrangement for the purpose of circumventing a restriction, suspension or termination imposed by Dapeswe.
Dapeswe may take action against related accounts or functionality where there is reasonable evidence that they are being used to evade an existing restriction.
14.13 Termination of Services by Dapeswe
Dapeswe may discontinue a Service, module or functionality.
Where discontinuation materially affects existing paid transactions or outstanding obligations, Dapeswe will take reasonable steps to address those matters in accordance with applicable terms and law.
The discontinuation of one Service does not necessarily terminate your Dapeswe account or access to other Services.
14.14 Survival
Provisions that by their nature are intended to continue after account closure, suspension, termination or cessation of a Service will continue to apply.
This includes, where applicable, provisions concerning outstanding payments and transactions, intellectual property, records, disputes, liability, indemnities and legal rights and obligations.
15. Warranties, Availability and Responsibility
15.1 Providing the Services
Dapeswe will provide the Services with reasonable care and skill where required by applicable law.
Dapeswe aims to maintain reliable and secure Services but does not guarantee that every Service or feature will be continuously available, uninterrupted or free from errors.
Availability may be affected by maintenance, updates, security measures, technical failures, third-party services, internet or telecommunications infrastructure, legal requirements and circumstances outside Dapeswe's reasonable control.
15.2 Changes to the Services
Dapeswe may develop, update, replace, restrict or modify functionality over time.
This may include changes necessary for security, legal compliance, technical development, compatibility, fraud prevention or improvement of the Services.
Where a change materially affects existing rights or obligations, the applicable provisions concerning changes to these Terms or Additional Terms will apply.
15.3 Information provided by users
Dapeswe may display information supplied by users and business users.
Unless expressly stated otherwise, Dapeswe does not independently create or guarantee all information provided by those users.
A business user's approval, verification or continued presence on Dapeswe does not constitute a guarantee by Dapeswe that every statement, offering or activity of that business user is accurate, lawful, suitable or free from risk.
Nothing in this Section limits responsibilities Dapeswe has under applicable law or obligations Dapeswe expressly assumes under these Terms.
15.4 Underlying offerings
Unless Dapeswe expressly identifies itself as the provider of an offering, Dapeswe is not responsible for supplying, performing or otherwise providing the underlying goods, services, benefits or other offering supplied by another user.
Responsibility for that offering remains with the user identified as its provider, subject to applicable law and the terms governing the relevant transaction.
Dapeswe may nevertheless exercise platform rights concerning transactions, refunds, complaints, enforcement and other matters without becoming the underlying provider.
15.5 Third-party services
The Services may depend on or integrate with independent third-party services.
Dapeswe is not responsible for failures or acts of an independent third-party provider that are outside Dapeswe's reasonable control.
However, Dapeswe remains responsible for obligations that applicable law does not permit Dapeswe to exclude merely because a third-party provider is used in delivering part of the Services.
15.6 No guarantee of business results
Dapeswe does not guarantee that use of the Services will result in any particular level of sales, revenue, customers, attendance, engagement, business relationships, exposure, profitability or other commercial outcome.
Business users are responsible for their own commercial decisions and for assessing whether particular Services are appropriate for their activities.
15.7 User decisions
Information, tools, analytics, recommendations or other functionality made available through Dapeswe may assist users in operating or using the Services but do not replace professional advice where professional advice is reasonably required.
Unless expressly stated otherwise, Dapeswe does not provide legal, tax, accounting, financial, medical or other regulated professional advice through the ordinary operation of the platform.
16. Limitation of Liability and Indemnity
16.1 Nothing excludes liability that cannot be excluded
Nothing in these Terms excludes or limits liability where doing so would be unlawful.
In particular, nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
16.2 Consumers
If you use Dapeswe as a consumer, these Terms do not affect statutory rights available to you under applicable consumer law.
Dapeswe is responsible for losses that you suffer as a result of Dapeswe breaching these Terms where those losses were reasonably foreseeable when the relevant agreement was entered into, to the extent required by applicable law.
Dapeswe is not responsible for losses that are not caused by Dapeswe's breach or that applicable law permits Dapeswe to exclude.
Nothing in these Terms is intended to restrict a consumer remedy that cannot lawfully be restricted.
16.3 Business Users
If you use Dapeswe wholly or mainly for purposes relating to your trade, business, craft or profession, you are a
Business User for the purposes of this Section.
Subject to Section 16.1 and to the extent permitted by law, Dapeswe will not be liable to a Business User for:
(a) loss of profits;
(b) loss of revenue or anticipated revenue;
(c) loss of business or business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill or reputation; or
(f) indirect or consequential loss,
arising from or in connection with use of the Services.
16.4 Matters outside Dapeswe's responsibility
Subject to Sections 16.1 and 16.2, Dapeswe is not responsible for loss arising solely from:
(a) another user's failure to perform obligations for which that user is responsible;
(b) inaccurate, unlawful or misleading information supplied by another user;
(c) a user's unauthorised or unlawful use of the Services;
(d) failure by a user to protect account credentials or comply with required security measures;
(e) an independent third-party service failure outside Dapeswe's reasonable control; or
(f) events outside Dapeswe's reasonable control.
This provision does not exclude responsibility for Dapeswe's own acts or omissions where liability cannot lawfully be excluded.
16.5 Business liability cap
Subject to Section 16.1 and to the extent permitted by applicable law, Dapeswe's total aggregate liability to a Business User arising out of or in connection with the same event, circumstance or series of connected events will not exceed the greater of:
(a)
£100; or
(b) the total fees actually received by Dapeswe from that Business User in connection with the Dapeswe module or Service to which the relevant claim relates during the
12 months immediately preceding the event giving rise to the claim.
Where a claim relates exclusively to a particular Dapeswe module or Service, only fees received by Dapeswe in connection with that module or Service will be taken into account when calculating the liability limit. Fees, transactions, activity or expenditure relating to other Dapeswe modules or Services will not be included merely because they relate to the same Business User or Dapeswe account.
Where a claim genuinely relates to more than one Dapeswe module or Service, the liability limit will be calculated by reference to the fees actually received by Dapeswe from that Business User in connection with the modules or Services directly giving rise to the claim during the relevant 12-month period.
For the purposes of this Section, amounts paid or transferred through Dapeswe as part of an underlying transaction are not treated as fees received by Dapeswe except to the extent that Dapeswe actually retained those amounts as its own fees.
Nothing in this Section limits or excludes any liability that cannot lawfully be limited or excluded.
16.6 Indemnity by Business Users
To the extent permitted by law, a Business User will indemnify Dapeswe against reasonable losses, liabilities, damages, costs and expenses incurred by Dapeswe as a result of a third-party claim arising directly from:
(a) the Business User's unlawful goods, services, content or activities;
(b) infringement by the Business User of a third party's intellectual property or other rights;
(c) the Business User's material breach of applicable law in connection with activities conducted through Dapeswe;
(d) Business User Terms created or published by that Business User;
(e) the Business User's material breach of applicable Additional Terms; or
(f) fraud or wilful misconduct by the Business User.
This indemnity does not apply to the extent that the relevant loss was caused by Dapeswe's own breach, negligence or unlawful conduct.
More specific indemnities may apply under Additional Terms governing particular business roles or Services.
16.7 Mitigation
Where a party seeks recovery for a loss arising under these Terms, that party must take reasonable steps to avoid or reduce losses where required by applicable law.
17. General Legal Terms
17.1 Changes to these Terms
Dapeswe may update these Terms from time to time.
Changes may be made to reflect developments in the Services, changes to Dapeswe's legal or operational structure, legal or regulatory requirements, security requirements or other legitimate reasons.
Dapeswe's policy system may identify each version of these Terms and record the version accepted by a user.
Where an update materially changes rights or obligations or Dapeswe otherwise determines that renewed acceptance is appropriate, Dapeswe may require you to expressly accept the updated Terms before continuing to access Services governed by them.
Where renewed acceptance is required, Dapeswe may restrict relevant access until acceptance has been completed.
Changes that do not require renewed acceptance will take effect in accordance with the notice or effective date associated with the relevant update, subject to applicable law.
17.2 Additional Terms may change independently
Additional Terms may be updated independently of these Terms.
A change affecting only a particular role, module or Service does not require Dapeswe to amend these Terms merely because the relevant Additional Terms have changed.
Where renewed acceptance of updated Additional Terms is required, Dapeswe may restrict only the affected role, module or functionality where appropriate.
17.3 Notices from Dapeswe
Dapeswe may provide notices relating to the Services, your account or applicable terms through functionality within Dapeswe, your account, the policy acceptance system, email or another reasonable electronic method associated with your account.
You are responsible for maintaining an email address and other contact information reasonably necessary to receive account communications.
17.4 Communications to Dapeswe
Where Dapeswe provides a specific support, reporting, appeal, legal or other communication channel for a particular matter, you should use the designated channel so that the communication can be handled appropriately.
General contact information is provided at the end of these Terms.
17.5 Assignment
You may not transfer your rights or obligations under these Terms to another person without Dapeswe's prior consent where consent is reasonably required.
Dapeswe may transfer its rights or obligations under these Terms as part of a merger, reorganisation, sale of business or assets, corporate restructuring or other lawful transfer, provided that doing so does not reduce rights that cannot lawfully be reduced.
Where required by law, Dapeswe will provide appropriate notice of such a transfer.
17.6 No waiver
If Dapeswe does not immediately enforce a provision of these Terms, that does not mean Dapeswe has waived the right to enforce that provision later.
A waiver concerning one breach does not automatically constitute a waiver concerning another breach.
17.7 Severability
If a provision of these Terms is found by a court or other competent authority to be unlawful, invalid or unenforceable, that provision will apply to the maximum extent permitted or, where necessary, be treated as removed.
The remaining provisions will continue to apply where they can operate independently.
17.8 Entire agreement
These Terms, together with the Additional Terms applicable to your use of Dapeswe, constitute the agreement between you and Dapeswe concerning the Services they govern, except for terms that applicable law treats as applying independently.
Business User Terms may additionally govern transactions between users but do not alter the agreement between Dapeswe and a user except where Dapeswe expressly agrees otherwise.
17.9 No partnership or agency
Nothing in these Terms creates a partnership, joint venture, employment relationship or general agency relationship between you and Dapeswe.
A Business User is not authorised to enter into obligations on behalf of Dapeswe unless Dapeswe expressly authorises this in writing.
The fact that Dapeswe provides platform, transaction, payment or other infrastructure does not, by itself, create such a relationship.
17.10 Third-party rights
Except where these Terms expressly provide otherwise, a person who is not a party to the agreement between you and Dapeswe has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms.
This does not affect any right or remedy of a third party that exists independently of that Act.
17.11 Governing law
These Terms and the contractual relationship between you and Dapeswe are governed by the laws of England and Wales, subject to any mandatory legal protections that apply to you and cannot lawfully be excluded.
17.12 Consumers and jurisdiction
If you are a consumer, nothing in these Terms deprives you of any mandatory right to bring proceedings in a court that applicable law permits you to use.
Where mandatory consumer jurisdiction rules apply, those rules take priority over any conflicting provision of these Terms.
17.13 Business Users and jurisdiction
If you are a Business User, the courts of England and Wales will have exclusive jurisdiction over disputes between you and Dapeswe arising out of or in connection with these Terms or the Services, unless applicable law requires otherwise or applicable Additional Terms expressly provide a different lawful dispute mechanism.
17.14 Language
These Terms are made available in English.
Where Dapeswe provides a translation, the translation may be provided for convenience unless Dapeswe expressly states that another language version is legally authoritative.
To the extent permitted by applicable law, the English version will prevail in the event of an inconsistency between the English version and a convenience translation.
17.15 Contact
These Terms are entered into with:
Email: help@dapeswe.uk