Published: 2021 July
TERMS OF USE
These Terms of Use (“Terms”) govern your use of the websites and mobile applications provided by Infinity Technology Corporation Limited (“DimOrder”) (or referred to as “us”) (collectively the “Platforms”). Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platforms or available by hyperlink. If you do not agree with the Terms, please do not use the Platforms.
The Platforms may be used by any (i) natural persons who have reached 18 years of age or (ii) corporate legal entities, e.g companies.
Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of Goods (as defined below). If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately.
DimOrder reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.
1. DimOrder
1.1 Who we are
These Terms form the contract between you and DimOrder.
dimorder.com is operated by Infinity Technology Corporation Limited, a company incorporated and registered in Hong Kong, whose registered office is at Unit E , 11/F, Grandion Plaza, 932 Cheung Sha Wan Road, Lai Chi Kok, Kowloon, HK . Our Company registration number is 35908216 . The terms “we” or “us” or “DimOrder” in these Terms refer to Infinity Technology Corporation Limited
1.2 What we do
Through our Platforms, DimOrder links you to the vendors (“Vendors”) for you to order a variety of goods including prepared meals, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as “Goods“) to be delivered to you. When you place an order for Goods from our Vendors (“Order”), DimOrder acts as an agent on behalf of that Vendor to facilitate, process and conclude the order and subsequently for either us or the Vendor to deliver your Order to you. Vendors may be owned and operated by third party vendors, our affiliate companies, or us.
1.3 How to contact us
For customer support, you may reach out to us via phone at +852 3590 8216 or email at info@dimorder.com.
2. Use of the Platforms
2.1 To purchase an Order, depending on which payment method you opt for, you may need to provide us with your credit card details.
2.2 DimOrder shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You must provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information.
3. Restrictions
3.1 Activities Prohibited on the Platforms
The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. DimOrder reserves the right to investigate and take appropriate legal action against anyone who, in DimOrder’s sole and absolute discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:
3.1.1 using the Platforms for any purpose in violation of any laws or regulations;
3.1.2 posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
3.1.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by DimOrder in its sole and absolute discretion or pursuant to local community standards;
3.1.4 posting content that constitutes cyber-bullying, as determined by DimOrder in its sole and absolute discretion;
3.1.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;
3.1.6 posting telephone numbers, street addresses, or last names of any person;
3.1.7 posting URLs to external websites or any form of HTML or programming code;
3.1.8 posting anything that may be “spam” as determined by DimOrder in its sole and absolute discretion;
3.1.9 impersonating another person when posting content;
3.1.10 harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
3.1.11 allowing any other person or entity to use your identification for posting or viewing comments;
3.1.12 harassing, threatening, stalking, or abusing any person on the Platforms;
3.1.13 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole and absolute discretion of DimOrder, exposes DimOrder or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
3.1.14 encouraging other people to engage in any prohibited activities as described herein.
3.2 DimOrder reserves the right but is not obligated to do any or all of the following:
3.2.1 investigate an allegation that any content posted on the Platforms does not conform to these Terms and determine in its sole and absolute discretion to remove or request the removal of the content;
3.2.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
3.2.3 suspend or terminate a user’s access to the Platforms or their DimOrder Account upon any breach of these Terms;
3.2.4 monitor, edit, or disclose any content on the Platforms; and
3.2.5 edit or delete any content posted on the Platforms, regardless of whether such content violates these standards.
4. Intellectual Property
All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of DimOrder and/or third parties who have authorised us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of DimOrder’s trademarks on any other website not approved by us is strictly prohibited. DimOrder will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. DimOrder neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with DimOrder. Use of any materials on the Platforms is at your own risk.
5. Restrictions on Goods
5.1 Some of the Goods we offer on our Platforms are subject to restrictions for purchase (“Restricted Goods”), depending on the applicable laws of the country you purchase the Restricted Goods from. These restrictions include minimum age requirements for alcohol/alcoholic products and any other goods that we reserve the right not to deliver to you based on the relevant statutory requirements of the time being in force.
5.2 Alcohol / Alcoholic Products (“Alcohol”)
To purchase Alcohol, you must be of the statutory legal age. DimOrder, the Vendor and their delivery riders, as the case may be, reserve the right in their sole and absolute discretion:
5.2.1 to ask for valid proof of age (e.g. ID card) to any persons before they deliver Alcohol;
5.2.2 to refuse delivery if you are unable to prove you are of legal age; and/or
5.2.3 to refuse delivery to any persons for any reason whatsoever.
5.3 Cigarettes/Tobacco Products (“Tobacco”)
5.3.1 We may offer Tobacco on some of our Platforms where the laws allow. By offering Tobacco for sale on our Platforms, we do not purport to advertise, promote or encourage the purchase or use of Tobacco in any way.
5.3.2 To purchase Tobacco, you must be of the statutory legal age. DimOrder, the Vendor and their delivery riders, as the case may be, reserve the right in their sole and absolute discretion:
- to ask for valid proof of age (e.g. ID card) to any persons before they deliver Tobacco;
- to refuse delivery if you are unable to prove you are of legal age; and/or
- to refuse delivery to any persons for any reason whatsoever.
5.4 Any offer for any Alcohol and Tobacco made on the Platforms is void when it is prohibited by law.
6. Orders
6.1 When you place an Order with DimOrder, DimOrder will confirm your order by sending you a confirmation SMS message containing the order reference number. Where applicable, Orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.).
6.2 Minimum Order Value – Some of our Vendors require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have to add more Goods to your Order.
6.3 Special Instructions – DimOrder and the Vendor (as the case may be) reasonably endeavour to comply with your special instructions for an Order. However in some cases where this is not feasible, possible or commercially reasonable, DimOrder and/or the Vendor reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither DimOrder nor the Vendor shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.
6.4 Allergens – DimOrder is not obligated to provide ingredient information or allergen information on the Platforms. Further, DimOrder does not guarantee that the Goods sold by Vendors are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Vendor before placing an Order on our Platforms.
6.5 Please note that your Order may be subject to additional terms and conditions provided by the Vendor.
6.6 Prior to placing the Order
6.6.1 Upon selecting a Vendor, you are required to select “Self Pick-Up”, “Delivery” or “Web Store” and input the pick-up/delivery time in order for the Platform to display the menu page of the selected Vendor.
6.6.2 In the Vendor’s menu page, you will have to select and add your Goods to the cart.
6.7 Placing the Order
To complete an Order, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “CONFIRM”. An Order is successfully placed when you receive an SMS message confirmation containing your rder reference number from us.
6.8 Cancelling an Order
6.8.1 All submitted Orders cannot be amended, cancelled nor refunded. Please contact us immediately by phone or email if you have any questions about your Order. DimOrder reserves the right of final decision.
6.8.2 Refunds
(i) Online Payment Orders
Should you decide to cancel your Order, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order, save for extreme and unforeseeable circumstances, DimOrder reserves sole and absolute descretion.
(ii) Cash-on-Delivery Orders
Should you decide to cancel your Order, you understand that you shall forfeit the delivery of your cancelled Order and cash-on-delivery may be removed from your list of available payment methods for your future orders.
6.9 DimOrder reserves the right to cancel any Order and/or suspend, deactivate or terminate your DimOrder account in its sole and absolute discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your DimOrder account and/or with your Order.
7. Prices and Payments
7.1 Prices quoted on the Platform shall be displayed in Hong Kong Dollar. Prices and offers on the Platforms may vary from the prices and you accept that offers offered by our Vendors (either on their own websites, mobile applications, or at their physical stores.
7.2 The way we display the prices of our Goods may vary depending on the Vendor. A breakdown of the prices and additional charges are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.
7.3 Delivery fees are chargeable on every Order unless:
7.3.1 you opt to collect your Order directly from the Vendor (“Pick-Up”);
7.3.2 you have a valid promotional or discount voucher and apply it at Checkout; or
7.3.3 unless stated otherwise.
7.4 Prices indicated on the Platforms are as at the time of each Order and may be subject to change.
7.5 You can choose to pay for an Order using any of the different payment methods offered on the Platforms including:
7.5.1 Our payment partners: Visa, Mastercard, American Express, Google Pay, Apple Pay;
7.5.2 Cash-on-Delivery; or
7.5.3 Such other payment methods we offer from time to time.
7.6 After an Order is successfully placed, you will receive an SMS confirmation from us with your order reference number.
7.7 Payment Methods
DimOrder reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole and absolute discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with us and our third party payment service provider(s) for future orders.
7.8 You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order. Insofar as required, DimOrder takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.
8. Delivery, Pick-Up and Vendor Delivery
8.1 Delivery Areas
You understand that our Vendors offer their Goods in specific delivery areas and our Vendors vary from delivery area to delivery area. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.
8.2 Delivery Time
8.2.1 DimOrder shall deliver your Order to the delivery address provided by you. You may choose for your Order to be delivered “ASAP” or scheduled for a specific time. An estimated delivery time will be provided to you on the Platforms but delivery times shall vary depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed. If your Order contains Alcohol or Tobacco (if applicable) and you or the recipient is or appears to be below the legal age, or fails to provide a valid proof of ID, DimOrder reserves the right not to deliver your Order to you.
8.3 Unsuccessful or Failed Deliveries
8.3.1 In cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:
(i) no one was present or available to receive the Order; or
(ii) customer was uncontactable despite attempts to reach the customer via the phone number provided; or
(iii) lack of appropriate or sufficient access to deliver the Order successfully;
(iv) lack of a suitable or secure location to leave the Order; or
(v) in the case of Restricted Goods, customer did not meet the statutory age requirements or delivery did not deem it safe or appropriate for the customer to receive the Restricted Goods.
You understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order.
8.3.2 No-show Cancellations
If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, DimOrder reserves the right to cancel the Order without refund or remedy to you.
8.4 Wrong Order, Missing Items, Defective Goods
Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items), please contact customer support via one of the methods indicated in Clause 1.3 above immediately. In some cases, DimOrder may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.
8.5 Order Pick-Up
8.5.1 Where available, you will have the option of collecting your Order in-person directly from the Vendor’s premises (“Pick-Up“) instead of having the Order delivered to You. On the Platforms, you will need to select the time to Pick-Up the Order (“Collection Time”). The Vendor will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. The Vendor agrees to hold the Order for you at the Vendor’s premises for no more than a reasonable period of twenty (20) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the Order to you if you fail to Pick-Up your Order within the Holding Time.
8.5.2 Upon confirming your Order, you will be provided a 4-digit confirmation code on the Platforms for Pick-Up verification purpose. If you are unable to provide the 4-digit confirmation to Vendors, DimOrder and its Vendors reserve the right to not providing the Goods to you.
8.5.3 In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a replacement, refund or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and/or defects to the Vendor before leaving the Vendor’s premises.
8.6 Vendor Delivery
In some cases, our Vendors will deliver the Order to you (“Vendor Delivery”). While we will use reasonable efforts to provide prior notice to you on Vendor Delivery, this may not always be possible. Where Vendor Delivery applies, we may ask you to contact the Vendor directly in the event of issues or delays in your delivery. DimOrder shall not be responsible in any way for Orders or Goods that are delivered by Vendors.
9. Vouchers, Discounts and Promotions
9.1 From time to time, DimOrder may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.
9.2 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.
9.3 Unless otherwise stated, Vouchers can only be used on our Platforms.
9.4 Vouchers cannot be exchanged for cash.
9.5 DimOrder reserves the right to void, discontinue or reject the use of any Voucher without prior notice Individual restaurants terms & conditions apply.
9.6 We may exclude certain Vendors from the use of Vouchers at any time without prior notice to you.
10. Representations, Warranties and Limitation of Liabilities
10.1 Representations and Warranties
You acknowledge and agree that the content on the Platforms are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platforms and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While DimOrder makes reasonable efforts to ensure the provision of the Platforms and the services we offer, are available at all times, we do not warrant or represent that the Platforms shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.
10.2 Limitation of Liability
To the extent permitted by law, DimOrder (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The DimOrder entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the DimOrder entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, DimOrder, the DimOrder entities, its agents, representatives and service providers’ liability shall be limited to the extent permitted by law.
10.3 Vendor’s representations
DimOrder shall neither be liable for actions or omissions of the Vendor nor you in regard to provision of the Goods and where Vendor Delivery applies to your Order. DimOrder does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct.
11. Personal Data (Personal Information) Protection
You agree and consent to DimOrder and any of its affiliate companies collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via the links on our Platforms, and shall form a part of these Terms.
12. Indemnity
You agree to indemnify, defend, hold harmless DimOrder, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms.
13. Third Party Links and Websites
The Platforms may contain links to other third party websites and by clicking on these links, you agree to do so at your own risk. DimOrder does not control or endorse these third party websites or links and shall not be responsible for the content of these linked pages. DimOrder accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third party links and websites.
14. Termination
DimOrder has the right to terminate, suspend or delete your account and access to the Platforms, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if DimOrder, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. DimOrder may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.
15. Amendments
DimOrder may amend these Terms at any time in its sole and absolute discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately.
16. Severability
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.
17. Governing Law
These Terms shall be governed and construed in accordance with the laws of the country / courts of jurisdiction in which the relevant DimOrder entity is incorporated as set out in the table below. The following courts will have jurisdiction over any dispute or claim arising out of or in connection with the use of the Platforms:
- Infinity Technology Corporation Limited – Law of Hong Kong (www.dimorder.com)
18. Contact Us
If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email.
19. Web Stores
19.1 The purchase of Goods from Vendors on ‘SHOP’ on the Platforms, including Web Stores (“SHOP”) are subject to these Terms. Additionally, you agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Goods from SHOPS which are incorporated into and form a part of these Terms.
19.2 Due to delivery constraints, DimOrder may be required to impose a cap on the amount of your Order or limit the quantities of Goods in your Order from SHOPS in its sole discretion.
19.3 Unless otherwise stated, all purchases from SHOPS shall be subject to the SHOPS cancellation, refund and returns policy.
19.4 Where the prices of any Goods are subject to the definitive weight of the Goods, we will provide an initial estimate of the price for the purposes of checkout. For shortfalls in payment, additional amounts shall be charged to you. For overpayments, excess amounts shall be refunded in accordance with our SHOPS cancellation, refund and returns policy.
19.5 We reserve the right, but are not obligated, to restrict or limit the sales of our Goods to any person, geographic region or jurisdiction. Due to the laws in some countries, we shall not offer for sale certain goods, or restricted items to you (e.g. alcohol, tobacco, etc.). Any offer for any Goods made on the Platforms is void when it is prohibited by law.
20. Prevailing Language
In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.
21. Unqualified and Unacceptable Businesses
The following industries are Unqualified and/or Unacceptable Businesses:
• Advanced payments greater than one (1) year (any product or service);
• All sexually-orientated or pornographic merchants, including:
– Audio-video text (phone sex or images via the internet)
– Web-based sexually oriented chat
– Brothels
– Companion/escort services
– Fetish products
– Adult telephone conversations / chat lines
– Adult internet sites and content
– Gentleman’s clubs, topless bars/night clubs
– Adult book stores, video stores, toys
– Prostitution
– Massage parlors
– Membership, clubs, subscriptions
– Any products on the internet containing graphic or nude content
– Any illegal activity (e.g. child pornography, bestiality etc)
– Dating services aimed at “sex contact” or similar, or with sexually explicit pictures
– Modeling agencies (adult and non-adult)
– Miscellaneous adult entertainment (not elsewhere classified)
• Any illegal products/services or any service providing peripheral support of illegal activities (including drug paraphernalia);
• Any 7995 (online gambling) transactions on U.S. or other specified jurisdictions issued cards where such transactions are illegal;
• Any merchant offering a negative renewal option following a free or low-cost purchase or other deceptive or questionable billing practice;
• Attendant services (bodyguards);
• Arms dealers;
• Bail bondsmen;
• Businesses selling using the following methods:
– Door-to-door sales;
– Fulfilment house (merchant offering goods for sale, or order taking, on behalf of one or more 3rd party companies);
– Inbound telemarketing in response to a postcard or similar offer;
– Outbound telemarketing or facsimile;
– Pyramid or multi-level marketing distribution, where the primary objective is the solicitation of new distributors and not the sale of products/services;
– Sales force that are remunerated on a commission only basis;
– Solicit Cardholders when they contact call centers to purchase products of other direct marketers (“Up-Sell”);
• Cash advance;
• Cash gifting (Ponzi scheme similar to chain letters where consumers are encouraged to “gift” a payment to another party and then solicit others to gift funds to them);
• Chain letters;
• Cheque cashing;
• Collection agencies or solicitor/attorney firms involved in recovering/collecting past due receivables;
• Credit repair or protection or restoration (including identity theft protection);
• Currency Exchange;
• Data Pass (Merchants up-selling or cross selling products of other merchants and then sharing the Cardholder data with the third party or receiving Cardholder data from third parties);
• Debt/interest consolidation services or reduction services;
• Decryption and descrambler products including mod chips;
• Defense related products or services;
• E-wallets/quasi-cash/stored value – i.e. payment solutions used for more than one merchant;
• Extended warranty companies;
• Fake references and other services / products that foster deception (including fake IDs and government documents);
• File sharing services/cyberlockers;
• Flea markets (defined as firms/individuals operating from a booth, on a part-time basis with no lease or telephone availability; whether indoor or outdoor);
• Fortune tellers, palm readers, tarot readers etc.;
• Free gift, prize, sweepstakes, or winning of a contest as an inducement to purchase a service or product (telemarketing);
• Gambling advice/sports forecasting or odds-making;
• Business/investment opportunities operating as “get rich quick schemes” (including internet search/ad optimization);
• Illegal or unlicensed gaming activities;
• IT services help desk;
• Investment programs/opportunities;
• Jammers or devices that are designed to block, jam or interfere with cellular and personal communication devices/signals;
• Lifetime subscriptions (any product or services);
• Lottery clubs;
• Marijuana, marijuana products, marijuana services and marijuana related businesses);
• Merchants engaged in activity prohibited by the Networks;
• Merchants, principals or related entities previously identified by any Card brand for deceptive practices or violation of Card brand rules;
• Merchants in a Card brand excessive chargeback or fraud program or merchants with a chargeback or fraud rate over 1%;
• Merchants that use tactics to evade Card brand excessive chargeback or fraud monitoring programs;
• Merchants offering rebates or special incentives;
• Merchants splitting sales across multiple transactions;
• Merchants which could be considered may damage the brand or reputation of either FDMS AP, FD, SCB or other Card brands – with specific reference to MasterCard “brand damaging transactions” guidelines;
• Merchants physically located outside of Asia Pacific;
• Merchants or principals on MATCH;
• Merchants that have ransom-like or extortion-like basis for their business model (e.g. mugshot removal);
• Money services businesses;
• Money transfer services;
• Mortgage or loan reduction/modification/protection/guarantee services (including “how to” guides);
• Nutraceuticals (e.g. acai berry, health related teas, herbal remedies or drinks etc.);
• Non-essential (improvement type) cosmetic surgery;
NOTE – essential surgery (including, for example, laser eye surgery) may be considered as restricted transaction.
NOTE – treatments such as botox injections and laser removal of tattoos, blemishes, veins etc., are not considered ‘surgery’ and reputable businesses may be considered as a restricted transaction.
• Non face-to-face sale of prescription drugs, contact lenses or medical devices;
• Non face-to-face sale of tobacco products (including e-cigarettes/smokeless cigarettes);
• Non face-to-face sale of firearms and weapons;
• Non-registered charities;
• Pawnbrokers and pawn shops;
• Pay-day loan lenders and brokers;
• Peer-to-peer/person-to-person merchants or facilitators for all but “A” brands (e.g. eBay, PayPal, Western Union);
• Private detectives;
• Products/services that promote hate, violence, harassment or abuse;
• Pseudo-pharmaceuticals (e.g. weight-loss, diet pills, anti-aging pills, anti-wrinkle creams, teeth whitening products, muscle building, sexual stimulants supplements, male enhancement products, colon cleansers, detox products, glucose strips, hCG, HGH-like substances, etc.);
• Real estate seminars;
• Replica or counterfeit products that infringe on copyright or similar;
• Social media “click farms” (e.g. the sale of clicks/likes/reviews/endorsements on social media)
• Substances designed to mimic illegal drugs and/or other psychoactive products (e.g., K2, salvia divinorum, nitrite inhalers, bath salts, synthetic cannabis, kratom, herbal smoking blends & herbal incense);
• Terrorism individuals and/or organizations as listed on applicable sanctions lists;
• Third-party processors (aggregators) falling outside of MasterCard/Visa approved program requirements (payment facilitators);
• Ticket agencies/brokers and theatres;
• Timeshare related businesses, including travel clubs; and
• Virtual currency (that can be monetized, resold, converted, traded into physical/digital goods & services outside the virtual world);
22. Customer Refund Policy
DimOrder will handle and take responsibility for your refund-or-chargeback-related requests and disputes, if any. If a full or partial refund (for the return of an ordered item or other reasons) is allowed, DimOrder will arrange for the sum of refund to be returned to your payment card. If your transaction is successfully chargeback upon your or your card issuer/bank’s request, DimOrder will arrange for the sum of chargeback to be restored in your payment card.