DynaPOS Merchant Gateway
These Merchant Terms of Use ("The Terms"), governs your use of products, services or any other features, technologies or functions ("Services") provided by Dynamex Solutions Ltd (Dynamex) under the registered brand name Dyanmex and DynaPOS through our Payment Gateway via our website, API, Mobile APP or any other means. The terms “we”, “our” and “us” refer to Dynamex and DynaPOS and "you" and "your" refer to the merchant to whom we will provide the Services to and the person who signed below or accepts the Terms on behalf of the merchant. By using the Services, you accept and confirm your acceptance of the Terms, so you are considered to have read the terms carefully.
- Services
We are a cryptocurrency payment processor. We allow you to accept cryptocurrency as payment for goods or services and to process cryptocurrency payments received from your customer (Buyer). Our services can only be used by businesses that sell a product or service which are registered in the Turkish Republic of Northern Cyprus (TRNC). By using the Services, you authorise us to act as your agent so that we can receive, hold, and pay money on your behalf and take any action that we deem necessary to provide the Services and comply with applicable laws. The payment made by the Buyer to DynaPOS will be deemed the same as the payment made directly to you and will eliminate the Buyer's unpaid liability on the payment basis.
- Registration
2.1 In general
To use the services, you must open a DynaPOS account. When you open an account, we will ask for contact information such as your company name, phone number, email address, and information about the organisation's official or authorised person/s. We will also ask you for information about your business activity, including the legal name of your business and company registration documents, the business's physical address, and your company's website. The information you provide during account opening must be accurate and complete, and you must notify us of any changes in such information within ten business (10) days. We may ask you for additional information (including those who signed below or otherwise accepted the Terms on behalf of the merchant) to help verify your identity and to help assess your business risk. If you do not provide us with accurate, complete, and satisfactory information, we have the right to refuse your account registration or to close your DynaPOS account later.
2.2 Protecting your Password
When registering your account, you will choose a password. You and/or your authorized users are responsible for maintaining the confidentiality of your password and account access information. You are entirely responsible for all activities that occur through the use of your password or account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security. If you share your password with others, we will not be liable for any loss you may incur due to someone else using your password or account, with or without your knowledge. You cannot allow other merchants to use your account. You cannot use someone else's password at any time.
- Your Sales
3.1 Invoices and Records
You must keep all records required to perform the sale of goods or services to the Buyer and to provide any after sales support to the Buyer. If the sale of the item requires any formal registration for sale, you are responsible for such registration. Dynamex is obliged to keep records of all transactions, company documents and information collected for your merchant account during the period your account is active and up to 7 years thereafter.
3.2 Customer Verification
In accordance with the local laws and regulations of the (TRNC), you are solely responsible for obtaining information requested from the Buyers of your goods or services. For example, if applicable law prohibits sales to anyone under the age of 18, you must ensure that the Buyer is at least 18 years old. Similarly, if applicable law requires a Buyer to be authenticated, you must verify the identity of the Recipient. We will not be responsible for your failure to adequately verify your recipients' identities or qualifications.
3.3 Representations and Warranties
The use of the services is subject to the laws and regulations on the prevention of terrorist financing and money laundering. You agree that your use of the Services will be in accordance with such laws and regulations, including but not limited to;
Your use of the services is also subject to the following important restrictions:
- a. You are at least eighteen (18) years old or older and have the right, power and contractual capacity to accept these Terms.
- b. Your use of the Services will not be contrary to local laws or regulations, including applicable tax laws and regulations of the TRNC.
- c. Your use of the Services will not be related to the following prohibited activities:
i. Sale of narcotics, research chemicals or any controlled substance;
ii. The sale of cash or cash equivalents, including the sale or trade of cryptocurrencies and items (such as derivatives) used for speculation or hedging purposes;
iii. Items that infringe any intellectual property rights such as copyrights, trademarks, trade secrets, or patents;
iv. Ammunition, firearms, explosives (including fireworks) or weapons as regulated under applicable law or as determined by us; or
v. Transactions that show the personal information of third parties in violation of applicable laws;
vi. Transactions that support pyramid schemes, scamming activities or any other fraudulent activities;
vii. Explicit sexual content;
viii. Providing loan or debt payment services;
ix. Any service that competes with DynaPOS;
x. Any product or services that are deemed illegal as set out by the laws of the TRNC;
xi. You and your customers are only allowed to act with our written permission and to the extent permitted by law for transactions involving gambling or any other activity with an entry fee and reward, including but not limited to casino games, sports betting, horse or greyhound races, lottery tickets, other gambling facilitators and raffles.
3.4 Our Right to Refuse
We reserve the right to refuse to process a sale if we reasonably believe it violates these Terms or will cause harm to you, other traders, Buyers, or other parties. If we reasonably suspect that your DynaPOS account is being used for an illegal purpose or contrary to the laws of the TRNC, you authorise us to share information about you, your DynaPOS account, and information about your account activities with law enforcement.
3.5 Our Right to Review
We reserve the right to refuse to process a sale if we reasonably believe it violates these Terms or will cause harm to you, other traders, Buyers, or other parties. If we reasonably suspect that your DynaPOS account is being used for an illegal purpose or contrary to the laws of the TRNC, you authorise us to share information about you, your DynaPOS account, and information about your account activities with law enforcement.
- Third Parties
4.1 Your Use of Third Party Services
We reserve the right to refuse to process a sale if we reasonably believe it violates these Terms or will cause harm to you, other traders, Buyers, or other parties. If we reasonably suspect that your DynaPOS account is being used for an illegal purpose or contrary to the laws of the TRNC, you authorise us to share information about you, your DynaPOS account, and information about your account activities with law enforcement.
4.2 Security
We reserve the right to refuse to process a sale if we reasonably believe it violates these Terms or will cause harm to you, other traders, Buyers, or other parties. If we reasonably suspect that your DynaPOS account is being used for an illegal purpose or contrary to the laws of the TRNC, you authorise us to share information about you, your DynaPOS account, and information about your account activities with law enforcement.
- How we Use, Collect and Share Information
In order to provide the Services, we may share information about you and your DynaPOS account with third parties, including but not limited to banks and Buyers.
5.1 Verifying Your Identity
As detailed in Section 2.1 (General), we may also request information from various third parties, including banks, lawyers, accountants, and local ministry authorities, to verify the information you submit through the account registration process. By accepting these Terms, you authorize us to receive information about you using third parties, and you agree that we may need to share information you have previously submitted to do so.
As detailed in Section 2.1 (General), we may also request information from various third parties, including banks, lawyers, accountants, and local ministry authorities, to verify the information you submit through the account registration process. By accepting these Terms, you authorize us to receive information about you using third parties, and you agree that we may need to share information you have previously submitted to do so.
- Ownership or Services and DYNAMEX website
You acknowledge and agree that we have all the rights, ownership and interests in the services, related software, technology tools and content, the Dynamex website and DynaPOS brand, the content displayed on the website, and other materials produced by Dynamex and related to Dynamex (collectively Dynamex/DynaPOS IP). Under these Terms, you are permitted to use the Services and Dynamex/DynaPOS IP to accept and receive payments. Once you accept the terms, we grant you a personal, limited, revocable and non-transferable license to use Dynamex/DynaPOS IP without the right to sub-license.
- Advertisement
By using the Services, we may publish your corporate name, URL, artwork, text, logo and other publicly available information about your business ("Merchant Content") in Dynamex's promotional materials and all marketing channels. A third-party may use Dynamex's publicly available Merchant Content and adapt data to create entries for directories or other channels, and data listed in third-party directories or channels will be subject to separate third-party terms of use.
You represent and warrant to us that you have the right to provide us with the Merchant Content and that our use, copying, modification and publication of Merchant Content: (a) will not infringe or misuse any third-party copyright, patent, trade secret or other proprietary rights. (b) violate any right to publicity or privacy and (c) not be defamatory or obscene or otherwise violate any law.
- Invoices and Account Settings
8.1 Exchange Rate Guarantee
You agree and accept the currency exchange rates as published by the XE.com Currency Exchange App which is integrated into the DynaPOS payment gateway software. We will guarantee you the live exchange rate based on the integrated XE.com API on all processed transactions. We will fix the rate based on the merchants predefined currency preferences for settlements. We support TRY, USD, EURO and GBP. We guarantee the exchange rate as long as the buyer pays within that time frame as predefined on the DynaPOS interface, you acknowledge that you bear the risk of your fiat settlement currency fluctuating. For example, if you ask us to charge $150 and the Buyer sends the cryptocurrency equivalent within the timeframe, we guarantee that you will receive exactly $150 less our fee. However, we do not guarantee the value of US dollar.
For any payment made using the Bitcoin blockchain, an invoice is deemed completed by us after six (6) block confirmations of the payment. You have the option of informing your buyer about the status of their purchase in advance; Note that DynaPOS is never responsible for closing a payment that has not received six (6) blocks of approval. DynaPOS uses techniques to detect payments that risk never obtaining six (6) bitcoin block approvals, but these measures do not completely eliminate the risk associated with unapproved payments.
8.2 Fees
8.2.1 Seller Fees
We charge a service fee to merchants. Merchants Service Fees are set at 5% inclusive of VAT (16%). Merchants have the option to pass this fee or part of it on to the Buyer through configuration settings within the DynaPOS settings. We will offset these fees from the applicable general ledger balances. If in the event of a customer needing a refund, then we cannot be held responsible for the reimbursements of the initial transaction of sale. The refund must be the sole responsibility of the seller.
8.2.2 Buyer Fees
Miner Fees. Cryptocurrency transactions may require a miner fee. These miner fees are automatically generated by the Buyer's wallet and sent to the miner. These miner fees are not DynaPOS fees. Miner fees paid to the network are non-refundable when reimbursed.
We reserve the right to change our fee structure and pricing. Your continued use of the Services after notifying you of any change in our fees constitutes your acceptance of the change.
8.3 Methods of Settlement
We will verify the buyer's payments through the cryptocurrency peer-to-peer payment network and record the balance in your ledger according to your preference settings. Payables and receivables in your ledger are funds temporarily held by Dynamex until payment is made to your bank account or cash payment made to the authorized company official. You can receive a payment in any of the following currencies – TRY, USD, GBP, EURO. You assume the risks of fluctuation of the currency you choose to be settled with. For example, if you choose to settle in TRY then you run the risk of any fluctuations in the value of TRY.
8.3.1 Settlements
A direct deposit to merchant’s bank account or cash settlements are available to merchants registered in the TRNC. If you want to receive direct bank deposit payments, you must provide us with valid bank account information. If you want to receive cash settlements then you must appoint an authorised person for collection of cash payments from our registered office at address; 10 MagicPlus, Semih Sancar Caddesi, Girne, KKTC. If there are any changes to the appointed authorized person you must immediately notify us and keep this information up to date by writing or email. We will make a direct deposit into your bank account or cash payment settlement to clear your accumulated general ledger balance every business day or on a weekly or on a monthly basis based on your predefined preference settings.
8.3.2 Your Bank Account and your Authorised Agents
You must provide us with written notice at least one (1) business day before closing your bank account. If you want to continue making direct deposits, you must provide us with an alternative bank account. You are solely responsible for all fees and costs associated with your bank account and any open loans. You are also liable to us for any fees we may incur due to your provision of incorrect information or instructions. You authorize us to issue electronic credit to your bank account at any time necessary to process your transactions. We will not be liable for delays in receiving funds or for errors in bank account entries caused by third parties. You must provide us with the relevent details including the identification documents and telephone number of any authorised persons or agents in order to release cash settlements.
8.3.3 Supported Cryptocurrency
We support payments processing from any of the following crypto assets. Bitcoin, Etheruem, USDT, USDC, Ripple XRP, Stellar XLM, Litecoin LTC, Cardano ADA.
Dynamex is not liable for any losses incurred as a result of mistakenly sending or assigning the wrong wallet addresses other than the one we provide.
8.3.4 Unsupported Payments
Dynamex does not have or control the underlying software protocols that govern the operation of the cryptocurrencies supported on our platform. Generally, basic protocols are open source and anyone can use, copy, modify, and distribute them. We do not support or process payments for unsupported payments, coins, tokens or blockchain forks, collectively known as Unsupported Payments ("UP") for mistakenly sent crypto. Dynamex accepts absolutely no liability for UP. Dynamex is only responsible for the cryptocurrency ledger balance selected in your payment preference.
8.3.5 Miminum Settlement
DynaPOS ledgers can be closed only when the accumalated amount exceeds the minimum payout amount which is set at 15 USD or equivelent of the prefered settlement currency. All settlement payments are paid by Dynamex Solutions Ltd.
8.4 Payment Exceptions
In certain situations where an invoice is not fully paid or overpaid, this will result in a payment exception. You can resolve payment exceptions from the DynaPOS merchant control panel.
If the buyer requests a refund for a Payment Exception, the merhcant is responsible for the refund. This amount will still be credited to the merchant’s account ledger.
8.5 Certain Delays
If we need to conduct an investigation regarding your DynaPOS account or resolve any pending dispute, we may delay payment or restrict access to your funds if deemed necessary by law, court order, or law enforcement request.
8.6 Account Information
Through your merchant account, you will be able to access account information detailing your ledger, transaction and payment history. If you detect an error, you must notify us within thirty (30) calendar days of your book entry posting.
- Refunds and Adjustments
9.1 Disclosure of Your Refund Policy
Dynamex is not responsible for the merchant’s refund policies. We recommend that merchants have a clear refund policy for their customers (including "refunds are not allowed as all sales are final", if any). A refund policy may not apply to certain industries (eg where a service is provided). If refunds are permitted, we recommend that you refund the original purchase amount in the currency in which the product was priced.
9.2 Buyer Complaints
Buyers who make a complaint to Dynamex about a purchase will be forwarded to you for resolution. Dynamex reserves the right to terminate accounts that receive excessive complaints.
9.3 Merchant Complaints
Merchants that have a complaint about our processing service should file a complaint via email at support@dynamex.io or contact customer support by phone on (+90) 0542 861 8080 or visit us at our address: 10 MagicPlus, Semih Sancar Caddesi, Girne, KKTC.
- Account Termination
10.1 Your Right to Close Your Account
These Terms only apply as long as you use the Services. Subject to Section 14.11 (Survival), these Terms no longer apply when you stop using the Services. You can close your DynaPOS account at any time. Prior to closing, you will still be liable to us for any fees incurred, if any, and we will remit you funds not yet paid to you and associated with pre-closing sales. If your account balance is below our documented minimum transfer amount, you may be responsible for any applicable transaction fees incurred on the money transfer.
10.2 Our Right to Close or Suspend Your Account
We may terminate your account at our discretion by notifying you via e-mail. In addition, we may suspend your access to the Services if we suspect that you are not complying with these Terms, that you pose an unacceptable risk of fraud to us, or if you provide any false, incomplete, inaccurate or misleading information. We will not be liable to you for any loss you incur in connection with closing or suspending your account. In addition, Dynamex reserves the right to suspend your account by deactivating its trading capabilities if there is no paid transaction in your merchant account for more than twelve consecutive months.
10.3 Account Termination Effect
If your DynaPOS account is closed, you agree to (a) continue to be bound by these Terms as required by Section 14.11 (Survival) (b), (c) immediately cease the license provided under these Terms. (d) we reserve the right (but have no obligation) to delete all your information and account data stored on our servers; and (e) we will not be liable to you or any third party for termination of access to the Services or deletion of your information or account data.
- Indemnity
You agree to indemnify Dynamex, its affiliated and related entities and officers, directors, employees and representatives against all claims, costs, losses, liabilities, damages, costs and judgments, and (including but not limited to) any claims, complaints, actions costs, expenses and reasonable attorneys' fees arising from, related to, or in connection with, audits, investigations, inquiries, or other transactions initiated by or related to: (a) the actual or actual representation of your warranties or obligations set forth in these Terms including any alleged violations; (b) Your misuse or improper use of the Services; (c) products or services sold by you through the Services, including but not limited to false advertising, product defects, claims for personal injury, death, or property damage; or (d) you represent, accept and undertake to indemnify Dynamex against damages and/or expenses that may arise when any other party accesses or uses the Services with your account information.
- No Warranty
We provide the Services on an "as is" and "as available" basis and your use of the services is at your own risk. To the maximum extent permitted by applicable law, we provide the services without any express or implied warranties (including, without limitation, warranties of merchantability, fitness for a particular purpose or non-infringement). Without limiting the above, we do not guarantee that the services (and our website): will operate without errors or that defects or errors will be corrected; meet your requirements or be available at any particular time or location, uninterrupted or secure; Does not contain viruses or other harmful content. We do not endorse, warrant or accept responsibility for any product or service that is offered or advertised by a third party through the Services or through our website, and we will not be a party to monitor any interaction between you and third parties or ensure the security of the products or services offered to you in this respect.
- Limitation of Liability
Under no circumstances will Dynamex be liable to you or any third party for any direct, indirect, special, incidental, indirect, exemplary or punitive damages or any loss, theft, loss or loss of profits, loss of other income, data loss including hacking, relief, virus transmission or unauthorized access or use of the services against you or third parties, including in the form of action or intangible losses that we know or do not anticipate, arising from the use, unavailability or inability to provide the services, your Dyna account or any information in them. Dynamex will not be responsible for damage, loss or injury. In no event will our liability for damages arising in connection with the services exceed the fees earned by us in connection with your use of the services within the immediate 6-month period of the event giving rise to the claim. The above limitations of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.
- Miscellaneous Provisions
14.1 Taxes
You are responsible for determining all taxes ("Taxes") that are incurred or are due, payable or withheld for any reason in connection with your use of our software and services. You are also solely responsible for collecting, withholding, reporting and filing the correct Taxes to the relevant tax authority. We are not obliged, and will not decide, to collect, report or remit any Taxes resulting from any transaction to any tax authority whether to apply or calculate Taxes.
14.2 Privacy Policy
For information on how we collect and use information, please see our Privacy Policy. The Privacy Policy is part of these Terms, so please be sure to read it.
14.3 Transfer
You may not assign or transfer these Terms or any rights granted by these Terms. You acknowledge and agree that we may transfer these Terms.
14.4 Severability
If any provision of these Terms is determined to be invalid or unenforceable under any law, rule or regulation, such determination will not affect the validity or enforceability of any other provision of this Agreement.
14.5 Waiver
Our failure to assert any right or provision in these Terms does not constitute a waiver of any such right or provision, and a waiver of any term will not be deemed to be any other or continuing waiver of this or any other term.
14.6 Entire Agreement
This Agreement, which contains the Privacy Policy referenced here, represents the entire understanding between you and us regarding the matters discussed. Headings are included for convenience only and will not be taken into account in the interpretation of these Terms.
14.7 Notifications
You agree to accept communications from us in electronic form, and that all terms, conditions, agreements, notices, statements or other communications we provide to you electronically will be considered "in writing".
14.8 Governing Law; Arbitration
This Agreement shall be governed by and construed in accordance with the laws of the TRNC (Turkish Republic of Northern Cyprus) regardless of the conflict of laws or the choice of law provisions.
14.9 Change
We may update or change these Terms from time to time by posting the modified Terms on our website and notifying our registered merchants by email. Such updates or changes will be effective at the time of publication. If you continue to use the Services after notification of such changes, your continued use constitutes acceptance of the changed Terms and an agreement to be bound by them. If you do not agree to the amended Terms, you must close your DynaPOS account and cease your use of the Services in accordance with the termination section of this agreement.
14.10 Force Majeure
Neither you nor we will be liable for delays in processing or other performance deficiencies caused by incidents such as fires, telecommunications, utility or power outages, equipment malfunctions, worker conflicts, riots, war, the actions of our vendors or suppliers. Other reasons over which God or the party concerned do not have reasonable control; Provided that the party has reasonably appropriate procedures to avoid the effects of such actions.
14.11 Survival
Provisions of Sections 3.4 (Representations and Warranties), 4.2 (Security), 6 (Ownership of Services and Dynamex Website), 7 (Advertising), 8.5 (Certain Delays), 11 (Indemnification), 12 (No Warranty), 13 (Limitation of Liability ) and 14.8 (Governing Law; Arbitration) will remain in effect even after termination of these terms.