Payments Terms of Service for European Users

As a consumer you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that Djamm.in is not committed or obliged to use an alternative dispute resolution entity to resolve disputes with consumers.

These Payments Terms of Service for European Users (“Payments Terms”) are a binding legal agreement between you and 7 Samurai BV that govern the Payment Services (defined below) conducted through or in connection with the Djamm.in Platform. 

Djamm.in payment services may include (if available) the following (collectively, “Payment Services”):

  • Collecting payments from Bookers (“Paying”), by charging the payment method associated with their Djamm.in account, such as credit card, debit card, bank account or PayPal account (“Payment Method”);
  • Effecting payments to DJ's (“Payout”) to a financial instrument associated with their Djamm.in account, such as a PayPal account, bank account, direct deposit, a prepaid card, or a debit card (“Payout Method”);
  • Effecting payments to a third-party Payout Method designated by a DJ;
  • Collection and payment of charitable donations;
  • Payment collection services; and
  • Other payment related services in connection with DJ Services.

In order to use the Payment Services, you must be at least 18 years old, must have an Djamm.in account in good standing in accordance with the Djamm.in General Terms (“Terms”), and must keep your payment and personal information accurate and complete.

If you change your country of residence, the Djamm.in company you contract with and the applicable version of the Payment Terms will be determined by your new country of residence from the date on which your country of residence changes. Please note, however, that the Djamm.in company with whom you contract will stay the same for all bookings made prior to your change of residence.

The Terms separately govern your use of the Djamm.in Platform. If you see an undefined term in these Payment Terms, it has the same definition as in the Terms.

Table of Contents

1. Your use of the Payment Services

1.1 Payment Services

By using the Payments Services, you agree to comply with these Payment Terms. Djamm.in may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. Djamm.in may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. Djamm.in will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.

1.2 Third Party Services

The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. Djamm.in is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Djamm.in of those Third-Party Services.

1.3 Your Djamm.in Account

Djamm.in may enable features that allow you to authorize other Members or third parties to take certain actions that affect your Djamm.in account. You may authorize a third party to use your Djamm.in account if the feature is enabled for your Djamm.in account. You acknowledge and agree that anyone you authorize to use your Djamm.in account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person. If you reside in the EEA and contract with Djamm.in Luxembourg, this Section 1.3 does not apply to you.

1.4 Verification

You authorize Djamm.in, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Djamm.in reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

1.5 Additional Terms

Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.

2. Booker Terms

2.1 Adding a Payment Method

When you add a Payment Method to your Djamm.in account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Djamm.in or its third-party payment processor(s). You authorize Djamm.in and its payment service providers to collect and store your Payment Method information.

2.2 Payment Method Verification

When you add or use a new Payment Method, Djamm.in may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your Djamm.in account so it can be used for a future transaction. You can remove the Payment Method from your Djamm.in account as long as it is not associated with an active or future reservation.

2.3 Payment Authorization

You allow Djamm.in to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Djamm.in account.

2.4 Automatic Update of Payment Method

If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.

2.5 Timing of Payment

Djamm.in generally charges the Total Price due after the DJ accepts your booking request. However, if you pay with a push Payment Method (such as Sofort), Djamm.in will collect the Total Price due at the time of your booking request or after the DJ accepts your booking request. Djamm.in may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the Djamm.in Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If Djamm.in is unable to collect the Total Price due, as scheduled, Djamm.in will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.

2.6 Currency

Djamm.in will process each transaction in the currency you select via the Djamm.in Platform. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence and/or your Djamm.in contracting entity(ies). Any such limitations will be communicated via the Djamm.in Platform, and you will be prompted to select a different currency or Payment Method. Note that if your Djamm.in contracting entity’s location is different than the country of your Payment Method or your selected currency is different than your Payment Method's billing currency, your payment may be processed outside of your country of residence. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. For example, if you make a booking using a U.S. issued card, but select Euro as your currency, your payment may be processed outside the U.S., and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if you select to pay with a currency that is different than your Payment Method's billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. Djamm.in is not responsible for any such fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.

2.7 Booking Request Status

If a requested booking is declined either because it is not accepted by the Booker or you cancel the booking request before it is accepted by the Booker, any amounts collected by Djamm.in will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.

2.8 Payment Restrictions

Djamm.in reserves the right to decline or limit payments that we believe (i) may violate Djamm.in’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Djamm.in, Djamm.in, or others to risks unacceptable to Djamm.in.

2.9 Payment Service Providers

Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and Djamm.in is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.

2.10 Your Payment Method, Your Responsibility

Djamm.in is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.

2.11 Different Ways to Pay

2.11.1 Payment Plan

2.11.1.1

Djamm.in may make available to Bookers the option to pay a portion of the booking’s Total Price at the time of booking and pay the remainder of the Total Price at a later time prior to check-in (“Payment Plan”). Availability of this option may depend on the Listing and/or Payment Method.

2.11.1.2

If you choose a Payment Plan, the Djamm.in Platform will notify you during check out of the amount, currency and schedule of each payment due. On the following payments due date, Djamm.in will automatically charge the original Payment Method you used to make the booking.

2.11.1.3

If you make a modification to a booking made with a Payment Plan, Djamm.in will notify you of the revised payment schedule, as applicable. If the modification increases your Total Price, you may be required to make an additional partial payment of the new Total Price at the time of the modification.

2.11.1.4

You agree that by selecting a Payment Plan, you may not be able to pay for the booking with a different Payment Method or pursuant to a different payment schedule.

2.11.1.5

If Djamm.in is unable to collect your payment, Djamm.in will notify you of such declined payment, and require you to complete the payment using an alternative Payment Method within 72 hours of the notice. If you fail to complete the payment, you authorize Djamm.in to cancel the booking on your behalf. If the booking is canceled, you will be refunded based on the Booker’s cancellation policy. You acknowledge that you may incur fees for cancellations pursuant to the Booker’s cancellation policy.

2.11.2 Recurring Payments

2.11.2.1

For certain bookings Djamm.in may require a Guest to make recurring, incremental payments toward the Total Price owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the Djamm.in Platform if applicable to a booking.

2.11.2.2

If Recurring Payments apply to a confirmed booking, then the DJ authorizes Djamm.in to collect the Total Price due.

2.11.2.3

Bookers may stop a Recurring Payment by notifying Djamm.in orally or in writing at least three (3) business days before the scheduled date of the payment. Djamm.in may require you to give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within those fourteen (14) days, Djamm.in is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact Djamm.in.

3. DJ Terms

3.1 Payment Collection

Djamm.in generally collects the Total Price of a booking at the time the Booker’s booking request is accepted by the DJ, unless noted otherwise.

3.2 Adding a Payout Method

In order to receive a Payout you must have a valid Payout Method linked to your Djamm.in account. When you add a Payout Method to your Djamm.in account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Djamm.in or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. You authorize Djamm.in to collect and store your billing information and financial instrument information. Djamm.in may also share your information with governmental authorities as required by applicable law.

3.3 Timing of Payout

3.3.1

Subject to and conditional upon successful receipt of the payments from Booker, Djamm.in will generally initiate Payouts to your selected Payout Method: (i) 24 hours after the DJ's scheduled show time and for all other Booker Services, at the time specified via the Djamm.in Platform. 

3.3.2

Djamm.in may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions. The time it takes to receive Payouts once released by Djamm.in may depend upon the Payout Method you select.

3.4 Payout

Your Payout for a booking will be the Total Price less applicable fees like Djamm.in service fees and applicable taxes. In the event of cancellation of a confirmed booking, Djamm.in will remit the amount you are due (if any) as provided in the Terms and applicable Cancellation Policy.

3.5 Payout Restrictions

Djamm.in may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity. Furthermore, Djamm.in may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).

3.6 Currency Conversion

Djamm.in will remit your Payouts in the currency you select via the Djamm.in Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method, your country of residence, and/or your Djamm.in contracting entity(ies). Any such limitations will be communicated via the Djamm.in Platform, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and Djamm.in is not responsible for any such fees and disclaims all liability in this regard.

3.7 Limits on Payouts

For compliance or operational reasons, Djamm.in may limit the amount of a Payout. If you are due an amount above that limit, Djamm.in may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.

3.8 Payment Service Providers

Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Djamm.in is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use. Please review them before using your Payout Method.

3.9 Your Payout Method, Your Responsibility

Djamm.in is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.

3.10 Different ways to get paid

3.10.1 Split Payouts

If you provide Booker Services jointly with one or more other DJ's as part of a team, business or other organization (“Booker Team”), Djamm.in may make available to such DJ's the option to allocate between the members of the DJ Team the total Booker Payout for a booking. Djamm.in will execute such payments at the instruction of one or more members of the Booker Team and is not responsible for any losses related to errors or omissions made by the DJ's in providing such payment instructions.

4. Appointment of Djamm.in as Limited Payment Collection Agent

4.1

Each DJ, including each DJ Team member, hereby appoints Djamm.in as the DJ’s payment collection agent solely for the limited purpose of accepting and processing funds from DJ's purchasing DJ Services on the DJ’s behalf.

4.2

Each DJ, including each DJ Team member, agrees that payment made by a Booker through Djamm.in, shall be considered the same as a payment made directly to the DJ, and the DJ will provide the DJ Service booked by the Booker in the agreed-upon manner as if the DJ has received the payment directly from the Booker. Each DJ agrees that Djamm.in may refund the Booker in accordance with the Terms. Each DJ understands that Djamm.in’ obligation to pay the DJ is subject to and conditional upon successful receipt of the associated payments from Booker. Djamm.in guarantees payments to DJ(s) only for such amounts that have been successfully received by Djamm.in from DJ's in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the DJ, Djamm.in assumes no liability for any acts or omissions of the Booker.

4.3

Each Booker acknowledges and agrees that, notwithstanding the fact that Djamm.in is not a party to the agreement between you and the DJ(s), including each DJ Team member, Djamm.in acts as each DJ’s payment collection agent for the limited purpose of accepting payments from you on behalf of the DJ(s). Upon a Bookers payment of the funds to Djamm.in, the Booker’s payment obligation to the DJ(s) for the agreed upon amount is extinguished, and Djamm.in is responsible for remitting the funds successfully received by Djamm.in to the DJ(s) in the manner described in these Payments Terms. In the event that Djamm.in does not remit any such amounts, the DJ (s) will have recourse only against Djamm.in and not the Booker directly.

5. General Terms

5.1 Feesspan

Djamm.in may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the Djamm.in Platform.

5.2 Payment Authorizations

You authorize Djamm.in to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your Djamm.in account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize Djamm.in to collect from you:

  • Any amount due to Djamm.in or Djamm.in (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Booker, DJ or user of the Djamm.in Platform), including reimbursement for costs prepaid by Djamm.in or Djamm.in on your behalf. Any funds collected by Djamm.in will set off the amount owed by you to Djamm.in com and extinguish your obligation to Djamm.in.
  • Any amount due to a DJ from a Booker which Djamm.in collects as the DJ’s payment collection agent as further set out in Section 4 above.
  • Taxes, where applicable and as set out in the Terms.
  • Any amount you pay through the Resolution Center in connection with your Djamm.in account.
  • Overtime penalties payable under the Terms, including any cost and expenses incurred in collecting the overstay penalty.
  • Any service fees or cancellation fees imposed pursuant to the Terms (e.g., if, as a Booker, you cancel a confirmed booking).
  • Any amounts already paid to you as a Booker despite a Guest cancelling a confirmed booking or Djamm.in deciding that it is necessary to cancel a booking in accordance with any of the Terms or applicable cancellation policy. You agree that in the event you have already been paid, Djamm.in will be entitled to recover the amount of any such Booker refund from you, including by subtracting such refund amount out from any future Payouts due to you.

In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Djamm.in collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

5.3 Collections

5.3.1

If Djamm.in is unable to collect any amounts you owe under these Payments Terms, Djamm.in may engage in collection efforts to recover such amounts from you.

5.3.2

Djamm.in will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after Djamm.in first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a DJ’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the DJ’s Djamm.in account or the associated services have been provided, whichever is later.

5.3.3

Djamm.in will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after Djamm.in first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a DJ’s future Payouts, after the adjustment is made to the DJ’s Djamm.in account or the associated services have been provided, whichever is later.

5.3.4

You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Djamm.in and/or Djamm.in by you. Such communications may be made by Djamm.in, Djamm.in, or by anyone on their behalf, including but not limited to a third-party collection agent.

5.4 Payment Processing Errors

5.4.1

Djamm.in will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Djamm.in or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.

5.4.2

To the extent you receive any funds in error, you agree to immediately return such funds to Djamm.in.

5.5 Refunds

5.5.1

Any refunds or credits due to a Member pursuant to the General Terms or Cancellation Policy, will be initiated and remitted by Djamm.in in accordance with these Payments Terms.

5.5.2

Subject to this Section 5.5.2, Djamm.in will process refunds immediately, however, the timing to receive any refund will depend on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, Djamm.in will initiate and process the refund as soon as is practicable.

6. Damage Claims and Security Deposits

6.1

If you as a Booker (i) agree to pay the DJ in connection with a Damage Claim, or (ii) Djamm.in determines that you are responsible for damaging any real or personal property at a Listing pursuant to the Terms, you authorize Djamm.in to charge the Payment Method used to make the booking in order to collect any security deposit associated with the Listing, as well as any fees, costs and/or expenses associated with the Damage Claim. If Djamm.in is unable to collect from the Payment Method used to make the booking, you agree that Djamm.in may charge any other Payment Method on file in your Djamm.in account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s))

6.2

You agree that Djamm.in may seek to recover from you under any insurance policies you maintain and that Djamm.in may also pursue against you any remedies it may have available.

7. NA 

8. Prohibited Activities

8.1

You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations;
  • breach or circumvent any agreements with third parties, third-party rights, or the General Terms; 
  • use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
  • register or use any Payment Method or Payout Method with your Djamm.in account that is not yours or you do not have authorization to use;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Djamm.in or any of Djamm.in’ providers or any other third party to protect the Payment Services;
  • take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

8.2

You may not use or assist others to use the Payment Services to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Booker Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.

9. Force Majeure

Djamm.in shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of Djamm.in or Djamm.in, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).

10. Disclaimers

10.1

If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.

10.2

Notwithstanding Djamm.in’s appointment as the limited payment collection agent of DJ's pursuant to Section 4, Djamm.in explicitly disclaims all liability for any act or omission of any Member or other third party. Djamm.in does not have any duties or obligations as agent for each DJ except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.

10.3

If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

10.4

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.

11. Liability

11.1

If you reside in the UK or Switzerland and contract with Djamm.in you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Djamm.in account in any way, you are responsible for the actions taken by that person. Neither Djamm.in nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Djamm.in has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable DJ's pursuant to these Payments Terms or an approved payment request under the Djamm.in Booker Guarantee, in no event will Djamm.in’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for bookings via the Djamm.in Platform as a Booker in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Booker, the amounts paid by Djamm.in to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Djamm.in and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Djamm.in’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

11.2

If you reside in the EEA and contract with Djamm.in Luxembourg, Section 11.1 does not apply, and Djamm.in is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Djamm.in is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Djamm.in in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Djamm.in is excluded to the maximum extent allowed by applicable law.

12. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Djamm.in’ option), indemnify, and hold Djamm.in and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights. If your country of residence is in the EEA, the indemnification obligation according to this Section 12 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.

13. Modification, Term, Termination, and other Measures

13.1 Modification

Except as otherwise required by applicable law, Djamm.in may modify these Payments Terms at any time. If we make material changes to these Payments Terms, we will post the revised Payments Terms on the Djamm.in Platform and update the “Last Updated” date at the top of these Payments Terms. If you are affected by the modification, we will also provide you with notice of the modification at least two (2) months before the date they become effective. If you do not terminate your agreement before the date the revised Payments Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms.

13.2 Term

This agreement between you and Djamm.in reflected by these Payments Terms is effective when you create a Djamm.in account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 13.3.

13.3 Termination

You may terminate this agreement at any time by sending us an email or by deleting your Djamm.in account. Terminating this agreement will also serve as notice to cancel your Djamm.in account pursuant to the Terms. Without limiting our rights specified below, Djamm.in may terminate this agreement for convenience at any time by giving you two (2) months’ prior notice. Djamm.in may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Djamm.in believes in good faith that such action is reasonably necessary to protect other Members, Djamm.in, Djamm.in, or third parties.

13.4 Suspension and Other Measures

Djamm.in may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if Djamm.in believes in good faith that such action is reasonably necessary to protect the personal safety or property of Djamm.in, its Members, Djamm.in, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method.

13.5 Appeal

If Djamm.in takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting customer service.

13.6 Effect of Termination

If you cancel your Djamm.in account as a Booker or Djamm.in takes any of the measures described above, Djamm.in may provide a full refund to any DJ's with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your Djamm.in account as a Guest, Djamm.in will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new Djamm.in account or attempt to access and use the Payment Services through an Djamm.in account of another Member.

13.7 Survival

Unless your country of residence is in the EEA, Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement.

14. Governing Law and Dispute Resolution

14.1

If you are contracting with Djamm.in UK, these Payments Terms will be interpreted in accordance with English law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of English law. As a consumer, you may bring any judicial proceedings relating to these Payments Terms before the competent court of your place of residence or a court in England. If Djamm.in wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.

14.2

If you are contracting with Djamm.in Luxembourg, these Payments Terms will be interpreted in accordance with Luxembourg law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Luxembourg law. As a consumer, you may bring any judicial proceedings relating to these Payments Terms before the competent court of your place of residence or a court in Luxembourg. If Djamm.in wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Luxembourg courts.

15. United States Arbitration Agreement

15.1 Application

This Arbitration Agreement only applies to you if you are contracting with Djamm.in Payment US. If you are not contracting with Djamm.in US, and you nevertheless attempt to bring any legal claim against Djamm.in in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 15 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

15.2 Overview of Dispute Resolution Process

Djamm.in is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payments Terms provide for a two-part process for individuals to whom this Section 15 applies: (1) an informal negotiation directly with Djamm.in’s customer service team (described in paragraph 15.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Djamm.in each retain the right to seek relief in small claims court as an alternative to arbitration.

15.3 Mandatory Pre-Arbitration Dispute Resolution and Notification

At least 30 days prior to initiating an arbitration, you and Djamm.in each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Djamm.in by mailing it to Djamm.in’ agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. Djamm.in will send its notice of dispute to the email address associated with your Djamm.in account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

15.4 Agreement to Arbitrate

You and Djamm.in mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Payment Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Djamm.in agree that the arbitrator will decide that issue.

15.5 Exceptions to Arbitration Agreement

You and Djamm.in each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 15): (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (ii) a request for the remedy of public injunctive relief. You and Djamm.in agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

15.6 Arbitration Rules and Governing Law

This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

15.7 Modification to AAA Rules - Arbitration Hearing/Location

In order to make the arbitration most convenient to you, Djamm.in agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S county where you reside; (b) in San Francisco County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.

15.8 Modification of AAA Rules - Attorney’s Fees and Costs

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Djamm.in will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

15.9 Arbitrator’s Decision

The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

15.10 Jury Trial Waiver

You and Djamm.in acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

15.11 No Class Actions or Representative Proceedings

You and Djamm.in acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

15.12 Severability

Except as provided in Section 15.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement will be given full force and effect.

15.13 Changes to Agreement to Arbitrate

If Djamm.in changes this Section 15 after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject that change by sending us written notice (including by email) within thirty (30) days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Djamm.in (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Djamm.in.

15.14 Survival

Except as provided in Section 15.12 and subject to Section 13.7, this Section 15 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your Djamm.in account.

16. Miscellaneous

16.1 Interpreting these Payments Terms

. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between Djamm.in and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Djamm.in and you regarding the Payment Services. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

16.2 No Waiver

Djamm.in’s failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.

16.3 Assignment

You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Djamm.in’ prior written consent. Djamm.in may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with two (2) months’ prior notice.

16.4 Notices

Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by Djamm.in via email or Djamm.in Platform notification, and depending on your notification setting, messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which Djamm.in transmits the notice.

16.5 Language

If you are contracting with Djamm.in Luxembourg, this agreement is concluded in the language as applied by the Terms and all communication undertaken during this contractual relationship shall be made in that language.

17. Additional Clauses for Users Contracting with Djamm.in UK

The following paragraphs will apply if you are contracting with Djamm.in UK:

17.1 Payment Service User

17.1.1

The Payment Services include the payment collection service provided to DJ's contracting with Djamm.in UK. The payment collection service constitutes a “payment service” regulated under the Payment Services Regulations and for these purposes Djamm.in UK treats DJ's as the “payment service user.”

17.1.2

By agreeing to these Payments Terms you as a Booker have consented to Djamm.in UK’s payment of each Payout to your chosen Payout Method. DJ's may change a Payout Method up to one (1) day before the time agreed for the Payout as set out in Section 3.3. Djamm.in UK will be deemed to have received the Booker's payment order to the Booker on the same date Djamm.in UK agrees to initiate the Payout in accordance with Section 3.3

17.1.3

Djamm.in UK will endeavor to ensure that DJ's based in the UK will receive each Payout by the end of the business day following Djamm.in UK’s initiation of the Payout.

17.1.4

Communication. Djamm.in will provide the Booker notice via email when we initiate each Payout. We will also provide notice to a Booker’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Booker to ensure that you provide us with a current, accurate, and valid email address.

17.2 Resolution Procedures for Diverted Payouts

17.2.1

If you as a Booker believe that a Payout properly due to you has been or may be diverted without your permission (“Diverted Payout”) because your password or other credentials to log into your Djamm.in account (“Credentials”) are lost or stolen, you should notify Djamm.in UK pursuant to Section 20 immediately. As a Booker you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe, up to a maximum of £50. Provided that you notify us of any Diverted Payout without delay and at the very latest within 13 months of the date of the payment, you may be entitled to a refund of that payment.

17.2.2

We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the Djamm.in Platform and/or Payment Services in accordance with the Terms or these Payments Terms (including the obligation to keep your Credentials safe); (ii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect.

17.2.3

If you as Booker claim not to have received a Payout properly due to you via your chosen Payout Method, Djamm.in UK will (if requested) make immediate efforts to trace the payment and will notify you of the outcome. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount.

17.2.4

Any complaints about the Payment Services should be made to Djamm.in UK pursuant to Section 20. Complaints that are made in accordance with this section that relate to the provision of Payment Services by Djamm.in UK will be eligible for referral to the Financial Ombudsman and will be subject to the Rules of the Financial Ombudsman Service. The UK Financial Ombudsman Service offers a free complaints resolution service to individuals, micro-enterprises, small charities, and trustees of small trusts. You can contact the UK Financial Ombudsman by (i) telephone from inside the UK: 0300 123 9123 or 0800 023 4567; from other countries: +44 20 7964 0500, on Monday to Friday, 8am to 8pm and on Saturday 9am to 1pm; (ii) post: South Quay Plaza, 183 Marsh Wall, London E14 9SR; or (iii) email: enquiries@financial-ombudsman.org.uk. The UK Financial Ombudsman Service is also available in a number of different languages and if you need it you will be put in touch with a translator when you contact the UK Financial Ombudsman Service.

18. Additional Clauses for Users Contracting with Djamm.in Luxembourg

The following paragraphs will apply if you are contracting with Djamm.in Luxembourg:

18.1 Payment Service User - NA

18.2 Resolution Procedures for Diverted Payouts - NA

18.3 Out-of-court complaints

18.4. For DJ's with France As Country of Residence

Notwithstanding anything to the contrary in the Payments Terms, for the avoidance of any doubt, in connection with DJ's who reside in France, the Total Price, installments or periodic payments, including Recurring Payments, collected by Djamm.in from such Bookers are down payments (“acomptes”) within the meaning of French law.

18.5 Outsourcing

We use a variety of service providers (some belonging to the Djamm.in group and some being third party service providers) in the context of outsourcing arrangements to help us provide our services in an efficient and qualitative manner. The use of such service providers requires that we transfer or make available some data to them. You agree to such outsourcing arrangements and instruct us to transfer or make accessible data (as further defined below) concerning you and, where relevant, concerning persons linked to you (provided in connection with your Djamm.in account) such as your beneficial owners and representatives, to a number of service providers in the context of outsourcing arrangements regarding technical (including IT), operational, payment processing, internal control, customer due diligence (including background or police checks), fraud prevention, risk assessment, product development, maintenance and debugging, advertising, processing of insurance claims, customer support and other services. The data to be transferred or made available includes, if you are an individual, your surname, first name, address, date and place of birth and nationality, and if you are a legal entity your corporate name, registered office, legal form, registration number for legal entities, as well as the aforementioned data on individuals for your beneficial owners and representatives. The data to be transferred or made available includes also for any person its contact details such as phone numbers and e-mail addresses as well as financial data and usage data in relation to our services (including payment method, payout method, payment transaction). The recipients of the data are located in the United States, the United Kingdom, Ireland, India, Luxembourg, Netherlands, Germany and Spain, as well as other countries in Europe, Asia Pacific and North and South America. Such data transfers will take place throughout the term of the business relationship between us and you as well as for an additional period as permitted by law after the end of the business relationship. You acknowledge that the transferred data is no longer protected by Luxembourg professional secrecy after its transfer. 

Djamm.in will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.