Terms and Conditions of access to SCRUMMERS services and products

Terms and Conditions of access to SCRUMMERS services and products 

Next, we will expose the Terms and Conditions (or “Terms of Access and Use”) of Dira Pay on its Dira website Dira – Dira  owned by SCRUMMERS and in addition to the Privacy Policies (or “Personal Data Treatment Policies ”) owned by our company. With which, as a User, when accessing it, you can enjoy the various products and services provided by SCRUMMERS through Dira Pay.   

 

Definitions:  

We will expose the scope of some definitions that will be implemented throughout these Terms and Conditions that you must accept in order to have access to the products and services provided by SCRUMMERS:  

  • Channel: Refers to legal or natural persons, which have several associated businesses with respect to which DIRAPAY is implemented. 
  • Merchants: Refers to legal or natural persons, virtual or physical stores that implement DIRAPAY   
  • Crypto-assets:they are a non-fungible asset that can be valued and with which goods or services can be purchased from the channels or businesses through DIRAPAY.  
  • DIRAPAY: Platform developed by SCRUMMERS that allows carrying out operations with crypto assets in favor of its users and channels.  
  • Mandate in Favor of DIRAPAY:Contractual figure that will allow SCRUMMERS in a unique, exclusive and specific way to make use of the amount established by you for the acquisition of goods or services from the channels enabled through the crypto assets of each user.   
  • Currency: Unit of value that allows the acquisition of goods and services FIAT  

 

  • User or Payer: Natural person who uses the service and products provided by DIRAPAY as a payer of a good or service and who accesses the products and services of the channels enabled by SCRUMMERS and consequently their information in general and their website Dira – Will tell Dira – Dira 
  • SCRUMMERSCompany duly incorporated under Colombian legislation, the country where its permanent establishment is located, which has products and services from a remote environment that allows, through its DIRAPAY product, to carry out operations with crypto assets in favor of companies or online stores. , being a payment solution for various industries, as well as other functionalities that can be developed within this object.  
  • Website, platform or Dira – Dira: Dira – Dira: refers to the web page known as DIRA PAY arranged by digital means and where you can have access to the various services and products provided by SCRUMMERS  
  • Exchange rate: Relationship that exists between the difference in the value derived from operations with crypto assets and the FIAT currency with which it is traded in DIRAPAY.  

 

1. Acceptance and Consent of the Terms and Conditions  

 

By using or having access to DIRAPAY, as a platform that from an operation with cryptoactives you can acquire goods, products or services from the authorized channels or businesses and with which there is a prior commercial relationship, you as a User, It is understood that you have accepted the Terms and Conditions set forth herein, as well as its Policy and authorization for the Processing of Personal Data. 

 

2. User Declarations  

 

Under what was warned in the previous points and once you access, make use of or make your due registration on the website owned by SCRUMMERS, you will hold the quality of "User" and for that reason, you declare the following: 

 

  1. Accept and/or consent to these Terms and Conditions, as well as to the Personal Data Processing Policy, being fully binding and enforceable. 
  2. That you have the capacity, under current regulations, to accept and be bound by these Terms and Conditions, as well as the Privacy Policy. SCRUMMERS will presume that you are of legal age and if this is not the case, you must refrain from carrying out any operation, use and access to the products and services offered by SCRUMMERS. Thus, to guarantee such quality, on the DIRAPAY website it will carry out an identity validation that allows it to comply with its internal policies through adequate knowledge of the client.  
  3. Attend to all kinds of alerts that are reported to you from DIRAPAY, committing yourself to follow the security parameters that we indicate. You must also report any suspicious, irregular or inappropriate activity, through the lines provided for this purpose, within its website https://dira.finance/gdpr  
  4. Diligently preserve and keep with absolute confidentiality the ID of your account that allows you to carry out operations, preventing other people from having access to it, and communicate immediately through DIRAPAY regarding its theft and/or loss and, in general, any misuse 
  5. To provide reliable, verifiable, correct and updated information, committing yourself to notify us of any change in your information, by the means provided for that purpose. And likewise provide any additional information that is needed for our consideration.  
  6. Not to carry out activities or actions that configure facts that are typified within the current legislation as crimes or acts related to criminal acts, among which are money laundering and financing of terrorism, financial terrorism, hacking, identity theft, computer crimes, fraud, scams, foreign exchange and tax transgressions, among others, bearing in mind that the list set out here is merely illustrative and not exhaustive.  
  7. You acknowledge and accept that SCRUMMERS, through its DIRAPAY platform, does not provide financial services related to the financial sector nor is it an intermediary in the foreign exchange market. 
  8. That the data provided in each of the operations will be stored as responsible by SCRUMMERS and that this in turn can make use of them directly or through third parties. 
  9. That the quality of the data provided to carry out their transactions is the sole and exclusive responsibility of the User, thus, SCRUMMERS is not responsible for errors that the User may have within the data entry process of the operation.  

 

3.Identity Verification  

SCRUMMERS may require you to verify your identity before accessing or using certain DIRAPAY Services. Immediately upon SCRUMMERS' request, you will provide SCRUMMERS with all content, including your full name, email, and any documents or photographs, necessary for SCRUMMERS to verify your identity. You as a User declare, guarantee and agree that said content is accurate, current and complete. SCRUMMERS reserves the right to freeze your Account until your identity has been verified in accordance with this section and to terminate your Account in the event that you fail to comply with your obligations under this section. You authorize SCRUMMERS and its agents to conduct such investigations and request reports from third parties as it deems necessary to verify your identity and that of your principals and other agents. 

 

SCRUMMERS reserves the exclusive right to allow or not to operate, trade or acquire any service or product that it offers. Consequently, SCRUMMERS may request additional information from you, if it deems it necessary, and its supply will condition the fact that you, as a User, can carry out transactional operations or have access to the services and products provided by SCRUMMERS.  

 

Under any activity that SCRUMMERS considers suspicious, irregular or inappropriate in relation to its operation, its platform or DIRAPAY website, it may limit or paralyze your transactions. Similarly, you may request additional information, which you agree to provide within the shortest time possible. In case of not proceeding in this way, you understand that your operation would not be carried out and your account may be disabled or closed by SCRUMMERS.  

 

Likewise, within the implementation process by SRUMMERS of SAGRILAFT, the number of transactions per user is parameterized, therefore, if you exceed their limit; your account will be blocked, being necessary to carry out a validation process that allows you to continue with the operation.  

 

4. Operations per user  

 

As a User, you are obliged to guarantee that you will carry out operations only with your ID enabled within the DIRAPAY website and that you will not allow third parties to use it to carry out operations, making you responsible for the operations carried out by said third parties or by third parties who make indiscriminate use or unauthorized access to your data within the physical points where you go. SCRUMMERS may not carry out the transaction, cancel or disable any of the accounts if your data coincides or when these may be related in any way, without this giving rise to any compensation or compensation in your favor.  

 

The unauthorized use of your data on the website, or assisting third parties for this purpose, enables SCRUMMERS not to carry out the transaction, disable, cancel said transaction and the operations pending execution related to it. SCRUMMERS may carry out, in addition to the established disqualification, any action that it considers pertinent and that is also established within the current order and regulations. 

 

5. Account activation 

 

To start the operation, the Merchant, natural or legal person, must have an account for each currency that they want to use on the Platform (“Account”), which must be created by the Channel. Approval of the request to establish an Account will be at the discretion of SCRUMMERS and the Channel or merchant. Each Account, as well as the User ID and password is for your exclusive use and can only be used by the user.  

 

Once the account is created, the user will be able to create the users that will be able to access the account and its transactions, if it is a legal entity, they will be able to create the users to have this functionality. Similarly, the user will be solely responsible for the management and care of the account. The user will not be able to distribute or transfer the account of it. All transactions made through your account or with your account identification will be considered legally carried out by The User. The User will guarantee the security and confidentiality of his Account ID and will notify SCRUMMERS immediately, by email to soporte@dira.finance , if any Account ID is lost, stolen or compromised in any way. 

 

In relation to the establishment of an Account, the User will be asked to submit the information that SCRUMMERS and the Channel consider pertinent to make the opening of the account viable (“Registration Information”). The User accepts that: 

 

  1. All Registration Information you provide will be true and complete. 
  2. You will maintain and promptly update your registration information to keep it accurate and current. THE CLIENT may not: (a) select or use an Account ID of another person with the intention of impersonating said person; and (b) use an Account ID that SCRUMMERS, in its sole discretion, finds offensive.  

 

6. Transactions  

The terms and conditions determined herein by SCRUMMERS will apply in all cases, unless they contravene public order regulations or those that are mandatory for this type of business. For each transaction, the Channel and the User are solely responsible for confirming: 

 

(a) User identity and payment information. 

(b) That the payment was made in accordance with the instructions given through the Platform and through the mandate granted.  

(c) The User and the Channel must guarantee that they will not receive or attempt to receive payments from persons or entities that are not their client or that do not comply with the parameters and regulations of the money laundering prevention laws established in the country. 

 

You acknowledge that in the event that the functionality of making outgoing payments in Bitcoin is active in your account, it should be noted that once you have approved an outgoing Bitcoin On-Chain transaction, it is not possible to cancel, void, dispute, recover or return it. their assets, therefore the rules regarding the right of withdrawal are not applicable. Once a transaction has been initiated, SCRUMMERS has no control over it and the transaction can only be accepted upon confirmation through the underlying blockchain network. For this reason you assume sole responsibility for said confirmation and acknowledge that SCRUMMERS assumes no responsibility in this regard. As a User, you must notify SCRUMMERS of any discrepancy in payment transactions within 180 days of the date the original transaction was initiated. 

 

Likewise, SCRUMMERS, at its free disposal, will determine if it enables your operation, at its discretion it may cancel or reject it, without being obliged to provide you with any reason regarding the decision. 

 

7. Description of the Product and Object of the Service 

 

You understand that the service provided by SCRUMMERS through DIRAPAY consists of an operation as a payment system or intermediary that allows the acquisition of goods, products or services from the channels enabled through digital assets that SCRUMMERS does on your behalf as agent making the respective cash-in and cash-out operation in favor of the channel, taking into account that:  

The intangible or immaterial assets as they have been cataloged, by the highest exchange and monetary authority in Colombia, the country where the permanent establishment of SCRUMMERS is located, although they do not hold a releasing power, the exchanges and transactions carried out with them do not have been classified as illegal or prohibited by the legislator or the authority in reference, which is why it is perfectly viable and legal to carry out said transactions in favor of the channels, assuring you that said amount, according to the exchange rate communicated to you, will be the effectively the one sent in favor of the channel for the acquisition in your quality of User of its goods, products or services.   

 

8. Operation and Mandate  

Operation and mandate with exclusive destination by SCRUMMERS of the amounts in favor of the channels from an operation with crypto assets  

 

You as a user, from the acceptance of these Terms and Conditions, grant a mandate without representation to SCRUMMERS so that in a unique, exclusive and specific way it makes use of the crypto assets established by you and collected by the selected means, for the acquisition of goods, products or services of the channels with which there is previously a commercial relationship. Likewise, you provide an express, prior and written mandate to carry out the cryptoactive purchase and sale operations necessary for the proper management of the contracted service.  

 

Reciprocally, as a User you accept and guarantee that the crypto assets may only be used solely, exclusively and specifically by SCRUMMERS to be the object of the operation of the acquisition of goods, products or services of the channels established in these Terms and Conditions. , as well as other operations that SCRUMMERS deems appropriate and for which it has the proper authorization, based on the services provided.  

The exchange rate at which SCRUMMERS will buy the Bitcoin will be the one registered by the platform at the time of the transaction and which is evidenced at the time the user is going to make the payment, this rate is updated every thirty (30) seconds, Therefore, if there is a delay in making the payment that exceeds thirty (30) seconds, the value will be re-settled. 

 

9. Times and Limits of Transactional Amounts  

 

You, as a User, accept, with respect to the operation described in the previous paragraph, that it will have a term of duration established on the DIRAPAY website, from the moment the operation is carried out in favor of the channels. Likewise, you accept that SCRUMMERS cannot be held responsible for these operational times.   

 

As a User, you accept that you will be able to carry out the number and amount of operations, established by SCRUMMERS, reported on the Dira – Dira website, the operations carried out within the SCRUMMERS website being fully computable. Thus, as previously indicated, if said limit is exceeded, the operations will be denied or the respective verification and justification request will be made. Dira – Dira, siendo totalmente computables las operaciones efectuadas dentro del sitio web de SCRUMMERS. Así, como se señaló previamente, en caso de superar dicho límite se negarán las operaciones o se realizará la respectiva solicitud de verificación y justificación de las mismas.  

 

10. Closure of Accounts and/or Users Within the SCRUMMERS Website 

You, as a User, can terminate this agreement with SCRUMMERS, at any time. Likewise, you accept and agree that SCRUMMERS may, without prior notice, limit, suspend or terminate the service and the Accounts, prohibit access to the Website, its content, services and tools, restrict or remove the stored content, and take technical and legal against the Users, if it considers that they are infringing the Terms and Conditions of Use. 

SCRUMMERS may, at its own discretion, suspend, close or block the operations of Users for any of the following reasons, which are indicated only by way of example or enunciation:  

  1. When the User exceeds the maximum number of transactions or the value of the amounts allowed, based on the considerations of KYC and SAGRILAFT Policies;  
  2. If a User attempts to access the website without authorization or using data from a third party, or providing help or assistance to others for third parties to do so; 
  3. If more than three (3) unsuccessful access attempts are made; 
  4. Si un Usuario interfiere en aspectos de la seguridad del sitio web que limiten o protejan algún tipo de contenido; 
  5. If a User interferes with aspects of the website's security that limit or protect any type of content; 
  6. If a User uses the services to carry out illegal activities such as money laundering, financing of terrorism, other criminal activities, or the transgression of the exchange or tax provisions of Colombia; 
  7. If a User breaches or contravenes these Terms of Use; 
  8. If a User does not pay or improperly pays the transactions that are carried out; 
  9. If a User causes operational difficulties on the website;  
  10. If the identity of the User could not be verified, or the origin of the funds with which to carry out an operation through DIRAPAY in favor of the channels; 
  11. At the request of any governmental or state institution or authority, such as the Police, the Financial Analysis Unit, the Financial Information and Analysis Unit, the Investigative Police, the Courts of Justice, judges, Superintendencies, etc.; 
  12. If a User acts as an intermediary, participant or beneficiary of schemes that, at the sole discretion of SCRUMMERS, consist of "Multi-level Marketing" or "Network Marketing" models related to cryptoactives or others, in which there are indications of "Ponzi" schemes. ” or pyramidal; 
  13. If a User uses the service to manage transactions for the benefit of third parties, or operates their account with funds owned by third parties other than the User, without the corresponding prior authorization from SCRUMMERS; 

Consequently, by using the services of SCRUMMERS in DIRAPAY, you confirm that you will not use the services of SCRUMMERS, in connection with any of the aforementioned activities, practices or businesses.  

In the event of canceling or blocking access to the service, for any reason, SCRUMMERS will inform or notify you of this decision, except in the event of a requirement or instruction to the contrary by any government or state institution or authority, if it conforms to the respective legal and/or procedural regulations that are applicable. 

Finally, by accessing the service, you accept that the decision to cancel or block it may be based on essential confidential criteria for the Compliance and Risk protocols of SCRUMMERS, for which you understand and accept that SCRUMMERS has no obligation to reveal details of these internal protocols. 

11. Means of Payment and Subscription  

The only means of payment and payment authorized for the service, unless expressly stated otherwise, will be those established within DIRAPAY.  

12. External Websites  

SCRUMMERS is not responsible in any way for external or third party websites that you may access from the Site. In this regard, the Site may occasionally reference or have links to other websites ("External Sites"). SCRUMMERS does not control these External Sites or the information contained therein, and therefore is not responsible for your interaction with them, nor do we suggest that you access or use them. 

The External Sites have policies and terms of use that are different and independent from those of the SCRUMMERS Site, so their access and use is very different from what may result from this Site and therefore we suggest you review the policies, rules, terms and regulation of each External Site you visit. It is your responsibility to take reasonable precautions to ensure that all access to or use of such External Sites is free from viruses, Trojan horse worms and other items of a destructive nature. 

SCRUMMERS declares that it will only be responsible for the costs that are contemplated for the operation with SCRUMMERS within its respective platform, which can be freely consulted by clients within the web, these being those determined and established by SCRUMMERS and with respect to the which you can answer.  

 

13. Jurisdiction 

These Terms of Access and Use will be governed and interpreted in accordance with the laws of the Colombian State. 

14. Limitation of Liability  

SCRUMMERS is not responsible for any damage, loss of profits, loss of income, loss of business, loss of opportunities, loss of data, indirect or consequential, unless the loss has occurred due to gross negligence or willful misconduct of its operating system. or transactional platform.  

15. Various  

If SCRUMMERS cannot provide the Service described in these Terms of Use for reasons beyond its control, including, but not limited to, events or factors of force majeure, regulatory changes, changes in law, or sanctions. SCRUMMERS is not responsible to the Users regarding the Service offered under this agreement and for the duration of said event or factor. 

16. Modifications  

SCRUMMERS reserves the right to modify these Terms of Access and Use, at any time, and those changes will be effective from the moment they are published, always seeking with them to improve the conditions of the service and minimize the possible effects that this may generate customers. SCRUMMERS undertakes to make reasonable efforts to inform the material changes in the Terms of Access and Use, through the channels that SCRUMMERS deems appropriate, however, it is the User's ultimate responsibility to periodically review these terms and conditions. 

If the changes in the Terms of Use have been made, the Users continue to use and access the services, it will mean that they accept the modifications of these. 

17. Privacy Notice 

To use the Services offered by SCRUMMERS, Users must provide certain personal data about you, both as a User and as the owner of your personal data. You have the right to: 

  1. Free access to the data provided that have been processed. 
  2. Know, update and rectify your information against partial, inaccurate, incomplete, fragmented, misleading data, or those whose treatment is prohibited or has not been authorized. 
  3. Request proof of authorization granted. 
  4. Submit to the Superintendency of Industry and Commerce (SIC) complaints for violations of the provisions of current regulations. 
  5. Revoke the authorization and/or request the deletion of the data, provided that there is no legal or contractual duty that prevents their deletion. 
  6. Refrain from answering questions about sensitive data. The answers that deal with sensitive data or data of children and adolescents will be optional. 

The collection, storage, use, circulation will be carried out for the purpose established in the Privacy Policy. This personal information is processed and stored on servers or magnetic media that maintain both physical and technological security and protection standards.  

SCRUMMERS will be responsible for the treatment of the information collected, consequently, for more information on the privacy of Personal Data and cases in which personal information will be disclosed, you can consult our Personal Data Treatment Policy that you will find at the following link: PERSONAL DATA POLICY – Dira 

 

18. Intellectual Property Rights. 

The trademarks, notices, trade names, commercial advertising, drawings, designs, logos, texts, etc., that appear on the DIRAPAY website are the exclusive property of SCRUMMERSor of third parties that have previously and expressly authorized it to its use. Any use or exploitation by any means, without the prior written consent of SCRUMMERSof any content is prohibited.  

The design and content of the DIRAPAY Website is protected in accordance with the provisions of national and international regulations for the protection of Industrial Property and Copyright, being prohibited: modify, copy, distribute, transmit, display, publish, edit , sell, or in any way exploit the design and content of the SCRUMMERS.  

 

 

19. Obligations as a User 

 

By accepting these Terms and Conditions, as a User you acquire the following obligations:  

 

  1. Authenticate through your name, email and the creation of an ID at the time you want to carry out operations in favor of channels or businesses through DIRAPAY.  
  2. Immediately report to SCRUMMERS any unauthorized and/or fraudulent transaction through the website that you are aware of or should have known about. 
  3. Keep harmless from SCRUMMERS unauthorized and/or fraudulent transactions that it carries out through the web page of which it is aware or should have known, which generates claims or lawsuits.  

In this sense, the User will keep SCRUMMERS harmless from the claims, lawsuits, legal actions and costs that arise from the operations that the User carries out within the platform and with the services that SCRUMMERS provides and that are attributable to the User. Acts attributable to the User will be considered to be the actions and omissions displayed by the User or his staff, his advisors, subcontractors or suppliers, as well as their staff, that produce deficiencies or breaches or fraudulent or unauthorized activities with the services provided by SCRUMMERS. In case of lawsuits, claims or legal actions against SCRUMMERS and that are the responsibility of the User, it will be notified, forcing itself to keep SCRUMMERS harmless and to respond for said claims and all the costs that they generate. 

 

20. Severability 

If any term or provision contained in these Terms of Access and Use is not applicable to a certain person or circumstance due to its particular conditions and consequently is declared invalid or unenforceable, the other sections provided in these Terms of Access and Use or the application shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by Law. SCRUMMERS and you agree to substitute such invalid or unenforceable term or provision with other terms and provisions that, to the extent authorized by the Law, allows the parties to obtain the benefit of the term or provision thus considered invalid or unenforceable. 

21. Contact 

If you have any questions, complaints, comments or suggestions regarding these Terms and Conditions, about your rights and obligations arising from these Terms of Use and/or the use of the services and/or products of SCRUMMERS, we ask you to contact us at the following email: soporte@dira.finance  

22. Validity  

These terms and conditions are valid from July 2022  

 

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