Payments Terms of Service for Non-European Users

These Payments Terms of Service for Non-European Users (“PaymentsTerms”) are a binding legal agreement between you and Djamm.in that govern the Payment Services (defined below) conducted through or in connection with the Djamm.in Community. When these Payments Terms mention “Djamm.in,” “we,” “us,” or “our,” it refers to Djamm.in. Djamm.in is a registered trademark of 7 Samurai B.V., a limited holding company based in Amsterdam, the Netherlands.  

Djamm.in provides payments services to community members by publishing, offering and allowing to book DJ assignments, and other DJ services. These 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, 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 Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete.

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

1. Your use of the Payment Services

1.1 Djamm.in Payment Services.

By using the Payments Services, you agree to comply with these Payments 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.

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 Community 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 website. 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 Website, 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 from 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 from 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 DJ or you cancel the booking request before it is accepted by the DJ, 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 General 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 website 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 DJ’s  cancellation policy. You acknowledge that you may incur fees for cancellations pursuant to the DJ’s cancellation policy.

2.11.2 Recurring Payments

2.11.2.1

For certain bookings, Djamm.in may require a Booker 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 website, if applicable to a booking.

2.11.2.2

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

2.11.2.3

DJ's may stop a Recurring Payment by notifying Djamm.in in writing through an e-mail to djammin@7samuraicollective.com, at least one month before the scheduled date of the payment. 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, government identification, tax ID, 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 the Booker, Djamm.in will generally initiate Payouts to your selected Payout Method: (i) for gigs, 24 hours after the Booker’s scheduled time for the event; (ii) for other services, 24 hours after the start of those. 

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. For example, certain DJ's in China will receive Payouts 48 hours after the Booker’s scheduled check-out time or 7 days after the DJ’s scheduled time for the event, whichever is earlier. Such Payout timeline may be updated once the DJ meets certain eligibility criteria. 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 General 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 General 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 website. 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 website, 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 payment 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 Handling of Funds.

Djamm.in may combine amounts that it collects from DJ's and invest them as permitted under applicable laws. Djamm.in will retain any interest it earns on those investments.

3.10 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.

3.11 Different ways to get paid

3.11.1 Split Payouts

If you provide gigs jointly with one or more other DJ's as part of a team, business or other organization (“DJ Team”), Djamm.in may make available to such DJ's the option to allocate between the members of the DJ Team the total DJ Payout for a booking. Djamm.in will execute such payments at the instruction of one or more members of the DJ 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 General 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 Bookers 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 DJ.

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, 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. Upon a Booker’s payment of the funds to Djamm.in, the Booker’s payment obligation to the DJ for the agreed upon amount is extinguished, and Djamm.in is responsible for remitting the funds successfully received by Djamm.in to the DJ in the manner described in these Payments Terms. In the event that Djamm.in does not remit any such amounts, the DJ will have recourse only against Djamm.in and not the Booker directly.

5. General Terms

5.1 Fees.

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

5.2 Payment Authorizations.

You authorize Djamm.in to collect from you amounts due pursuant to these Payment Terms and/or the General 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 community), 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 or Djamm.in and extinguish your obligation to Djamm.in or 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 General Terms.

  • Any amount you pay through the Resolution Center in connection with your Djamm.in account.

  • Overstay penalties payable under the General Terms , including any cost and expenses incurred in collecting the overstay penalty.

  • Any service fees or cancellation fees imposed pursuant to the General Terms  (e.g., if, as a DJ, you cancel a confirmed booking).

  • Any amounts already paid to you as a DJ despite a Booker cancelling a confirmed booking or Djamm.in deciding that it is necessary to cancel a booking in accordance with the General TermsCancellation Policy , or other applicable policy. You agree that in the event you have already been paid, Djamm.in will be entitled to recover the amount of any such guest 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 , 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 General 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, including, but not limited to, in relation to any payment requests made by DJ's. 

7. Abandoned Property

If Djamm.in holds funds due to you (e.g., because we are unable to issue you a Payout or refund) or you do not use a gift card or gift credit for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws.

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 DJ 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, embargoes, 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’ 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

Except as provided in Section 11.2, 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, 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 website as a Booker in the twelve (12) month period prior to the event giving rise to the liability, or if you are a DJ, 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 Australia and contract with Djamm.in, 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.

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 Payment Terms, we will post the revised Payment Terms on the Djamm.in website and update the “Last Updated” date at the top of these Payment Terms. If you are affected by the modification, we will also provide you with notice of the modifications at least thirty (30) days before the date they become effective. If you are contracting with Djamm.in, you will receive at least two (2) months advance notice. If you do not terminate your agreement before the date the revised Payment 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 Payment Terms is effective when you create an 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 General Terms. Without limiting our rights specified below, Djamm.in may terminate this agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address (or two (2) months’ prior notice for Members contracting Djammin from the UK, 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 DJ 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 Booker, 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.

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

Regardless of which country you are contracting with Djamm.in,, these Payments Terms will be interpreted in accordance with the laws of the Netherlands, without regard to conflict-of-law provisions. Legal proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 15 must be brought in court in Amsterdam, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Amsterdam, the Netherlands. 

15. Miscellaneous

15.1 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.

15.2 No Waiver.

Djamm.in’ 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.

15.3 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 thirty (30) days’ prior notice (or two (2) months’ prior notice for Members contracting with Djamm.in UK).

15.4 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 Website notification, and depending on your notification setting, messaging service (including SMS, Signal and Whatsapp). The date of receipt will be deemed the date on which Djamm.in transmits the notice.

16. Additional Clauses for Users that are Businesses

The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).

16.1 You accept the Payment Terms and you will be responsible for any act or omission

of employees or third-party agents using the Payment Service on your behalf.

16.2

You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.

16.3

You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.

16.4

If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with Djamm.in for Work, as permitted by your account, you authorize Djamm.in to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.

16.5

For any Payout Method linked to your Djamm.in account, you authorize Djamm.in to store the Payout Method, remit payments using the Payout Method for bookings associated with your Djamm.in account and take any other action as permitted in the Payments Terms in respect of the Payout Method.

16.6

If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and https://www.mastercard.com/sdp.

17. Contacting Djamm.in

You may contact Djamm.in regarding the Payment Services using the information below:

Djamm.in

7 Samurai Collective

Staalstraat 7 

1011 JJ Amsterdam, the Netherlands

djammin@7samuraicollective.com