Terms & Conditions
Please read these Ding.com Terms & Conditions (Terms) carefully before accessing or using the Services and Applications. You should print a copy of these Terms for future reference.
These Terms are organized as follows:
Part 1 describes general terms and conditions that are applicable to your use of any of the Services
Part 2 describes specific terms and conditions that are applicable to Top-Up and Gift Cards
Part 3 describes specific terms and conditions that are applicable to dingMoney
Part 4 contains the E-Sign Disclosure and Consent
PART 1 – GENERAL
1. Introduction
Ding provides services that allow you to purchase prepaid mobile phone top-up (Top-Up) and prepaid gift cards (Gift Cards) (together, the Products) and to send and receive dingMoney (together, the Services). These Services are offered in connection with mobile network operators, third-party providers and regulated partners through our website www.ding.com and the Ding mobile app (the Applications).
By accessing or using the Applications or Services, you agree to be bound by these Terms. Please read these Terms carefully before using the Applications. If you do not agree to them, you should not use our Services.
Subject to any specific exceptions noted in the Terms, if you object to any of the Terms or any subsequent modifications to them, or become dissatisfied with your use of the Applications or Services in any way, you may: (i) discontinue your use of the Applications and/or Services; and (ii) close your virtual account with Ding (Account) on the Applications or by contacting customer care: [email protected].
In addition to these Terms, your use of the Applications or Services, are subject to our Privacy Notice and Cookies Policy.
2. Information about Us
The Applications are operated, and the Services are provided, by Ezetop Unlimited Company t/a Ding (Ding, we or us). Ding is incorporated in Ireland with registration number 422514 and has its registered office at 3 Shelbourne Buildings, Crampton Avenue, Shelbourne Road, Ballsbridge, Dublin 4, D04C2Y6, Ireland. Our VAT number is: 9576713i. Ding is a registered business name of Ezetop Unlimited Company.
You can contact Ding using the contact information set out at Section 25 below.
All correspondence in relation to any Ding company should be sent to 3 Shelbourne Buildings, Crampton Avenue, Shelbourne Road, Ballsbridge, Dublin 4, D04C2Y6, Ireland.
3. Registration and Eligibility
To use the Services, you need to create an account with Ding (Account). You can do this by registering through the relevant Application by providing your details (such as your email address or phone number) and choosing a password. By creating an Account, you confirm that you meet Ding’s eligibility requirements, and agree to these Terms. If you do, an Account will be opened for you. Ding may refuse to open an account if you do not meet the eligibility requirements or if Ding reasonably believes you have not complied with these Terms.
You agree that the account information you provided during account registration will be truthful, accurate, and complete. It is your responsibility to inform us of any changes to your account information. You are entirely responsible for all activities in your Account that occur when using your email address, phone number and/or password (Login Details), including unauthorised use of your Account or any payment method including debit or credit card. You must keep your Login Details secure and confidential, and you must not disclose your Login Details, whether directly or indirectly, to any third party. If you become aware of any unauthorised access to your Account, you must notify us immediately using the contact details at Section 25 below.
Login Details may only be used by a single user and are not transferable.
Please note that your Login Details may be used on all Applications. These Terms will apply to the use of Services on any of the Applications.
If you are under 18 years of age, you represent to Ding that you have obtained your parent’s or legal guardian’s consent to use the Applications and that your parent or guardian has reviewed and agreed to these Terms on your behalf. Please note that, as set out below in Part 3 of these Terms, certain Services offered by Ding may require you to be 18 years of age or older to access or use them.
If you are an employee of a company or other entity or are acting on behalf of a company or entity, you must be authorised to accept these Terms on behalf of that employer, company or entity.
4. Your Data
Ding will comply with its obligations under applicable privacy and data protection law with regard to personal data it collects and processes relating to you. Data collected by us as part of the Services will be treated in accordance with our Privacy Notice and Cookie Policy. These documents describe how we use and protect the information you provide to us.
Please carefully read and review our Privacy Notice and Cookie Policy to understand your privacy and data use rights.
5. Use of Services
You agree to use the Applications and Services solely in accordance with these Terms and to comply with applicable law and the provisions set out in these Terms.
You may not use the Applications or Services: (i) in violation of any law, statute, rule or regulation; (ii) in connection with any illegal, fraudulent, offensive, violent, immoral or indecent activity; or (iii) in any manner that encourages, promotes, facilitates or instructs others to engage in any illegal, fraudulent, offensive, violent, immoral, or indecent activity. If you use the Applications or Services in connection with any illegal, fraudulent or indecent activity, Ding may close your Account, report your Account activity to the appropriate law enforcement authorities, and/or take any other action necessary to comply with applicable law.
For the purposes of these Terms, ‘applicable law(s)’ means all applicable laws, statutes, regulations, rules, directives, orders, judgments, codes, regulatory requirements, and legally binding guidance or standards of any governmental, regulatory, judicial, or supervisory authority, whether international, national, federal, state, provincial, regional, or local, applicable to a party, person, activity, transaction, or matter.
You will be required to input certain information (e.g. a receive mobile phone number or email address) to complete a transaction using the Services.
6. Promotions
From time to time, Ding, mobile network operators or other third-party providers will run promotions on the Applications. These promotions will be subject to additional terms and conditions and such terms and conditions (including the closing date for any promotion) will be displayed clearly on the Applications. Ding is not responsible for promotions run by mobile network operators or other third-party providers and you must make your own inquiries with the relevant mobile network operator or other third-party provider directly before availing of, and relying on, the terms and conditions of any such promotion. You shall avail of any promotion in good faith and not misuse any promotional code provided to you.
7. Your Devices
The equipment and devices necessary to access the Applications shall be provided and be maintained by you solely at your expense. If you access the Applications through a mobile device, you may be charged by your mobile service provider for internet access on your device.
You can download the Ding mobile application from the app stores free of charge. You are solely responsible for ensuring that you download any subsequent updates to the mobile application from the relevant app store.
Ding reserves the right to modify equipment and software requirements as is necessary for it to continue or improve the provision of Services through the Applications.
You acknowledge that compliance with these Terms is designed to minimise the risk of unauthorised use of the Applications and harm to you, Ding or others, and therefore you are required to strictly adhere to these Terms. To the fullest extent permitted by applicable law, you will be liable for any liability, loss, costs or damages to Ding or any third party as a result of your failure to adhere to these Terms.
8. Third Party Services
Ding will not check the accuracy or completeness of the information or the suitability or quality of the products and services offered by third parties. Any Gift Cards purchased will have their own terms and conditions, including applicable expiry dates and any other applicable restrictions and requirements. Please carefully review any Gift Card terms and conditions before purchasing any Gift Cards. Mobile operators and third-party providers are fully responsible for all aspects of their products and services.
9. Termination or Withdrawal of Services
These Terms will be binding on you for as long as you have an Account with Ding.
You may cease using the Applications or Services and/or close your Account and terminate the Terms at any time without reason on the Applications or by contacting customer care: [email protected].
Ding may close your Account and terminate this Agreement or suspend or withdraw the use of the Applications and/or any of the Services provided through it: (i) upon reasonable prior notice to you; (ii) immediately upon breach by you of these Terms or where Ding reasonably believes you are in breach of these Terms; (iii) where instructed by its financial partners or regulated partners; (iv) immediately if Ding reasonably believes that you have used the Applications and/or Services: (a) in violation of any applicable law; or (b) in connection with, or in any manner that encourages, promotes, facilitates or instructs others to engage in, any illegal, fraudulent, offensive, violent, immoral or indecent activity; or (c) in breach of any number or value limits set by Ding from time to time. In the event of a suspension, Ding may recommence providing the Applications and/or any of the Services to you at its sole discretion.
Ding reserves the right, acting reasonably, to refuse to process or cancel any transactions in progress at the time of or following termination of this Agreement or suspension or withdrawal of the Services. Ding is not liable to you or any third party for any issues arising as a result of the termination of this Agreement or suspension or withdrawal of the Services.
10. Feedback
Where you send Ding any feedback, suggestions, ideas or other materials in relation to or via the Applications or the Services provided, you agree that Ding can use, reproduce, publish, modify, adapt and transmit the communication mentioned above to others free of charge and without restriction, subject to Ding’s Privacy Notice.
11. Changes to the Terms
Ding may update these Terms and any related policies from time-to-time. If we make changes, we will provide notice by reasonable means, such as by posting the updated Terms on our website or through the Services and updating the “last updated” date. Changes will generally become effective when posted, unless otherwise stated. Where a change materially adversely affects your rights or obligations, we will provide advance notice where reasonably practicable.
By continuing to access or use the Services after the effective date of any changes, you agree to be bound by the updated Terms. If you do not agree to the changes, you must stop using the Services and may close your Account.
Closing your Account does not affect any of your payment obligations or other liabilities and responsibilities that existed before you closed it.
12. Links to other Websites
Access to and use of the Applications is at your own risk and Ding does not represent or warrant that the use of the Applications or any materials downloaded from it will not cause damage to property, including but not limited to loss of data or computer virus infection.
Some pages on the Applications may link to websites or applications not created or maintained by Ding. You are hereby adequately notified and forewarned that when entering other websites or applications via such links, the terms and conditions, benefits, and privacy protections afforded by our Applications will not be applicable and you must make yourself aware of and become compliant with the requirements of those individual independently maintained websites or applications. Ding is not liable in any way for the content, availability or use of such linked websites and you agree that you may access such links entirely at your own risk.
13. Notices
Except where we expressly provide otherwise, any notice required to be given by you to Ding in connection with these Terms shall be given in writing and sent by email to [email protected] or through the post addressed to Customer Operations, Ding, 3 Shelbourne Buildings, Crampton Avenue, Shelbourne Road, Ballsbridge, Dublin 4, D04C2Y6, Ireland.
Except where we expressly provide otherwise, any notice required to be given by Ding to you in connection with these Terms may be given by email or by posting a message on the Applications.
Subject to our Privacy Notice, Ding may from time-to-time contact you to keep you up to date about Ding’s Services including new products, campaigns and promotions, and other marketing communications. For further information please review our Privacy Notice.
14. Intellectual Property Rights
For the purposes of these Terms, Intellectual Property Rights means all copyright, patents, registered and unregistered trademarks, registered and unregistered design rights, rights in databases and topography rights and other intellectual property rights, all rights to bring an action for passing off, all rights to apply for protection in respect of any of the above rights and all other forms or protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.
You may download, use, view, and display the Applications (and the Intellectual Property Rights contained in them) only to access and use the Services, and only in accordance with these Terms.
Unless stated otherwise, all Intellectual Property Rights in the Applications and their contents are owned by Ding or its licensors. You may not reproduce, copy, modify, alter, or adapt any part of the Applications (including graphics, trademarks, or other materials) without Ding’s prior written consent, except for material you are expressly authorised to print or download for your own personal, non-commercial use.
Ding owns all Intellectual Property Rights that exist in the words DING and EZETOP and DINGMONEY, and in any accompanying logo. Ding also owns all Intellectual Property Rights in the domain names www.ding.com and its subsidiary sites. Ding will take all appropriate legal action against cyber-squatters. Please notify any suspected incidents to [email protected].
15. Force Majeure
Ding shall not be liable for, or be deemed in breach of, any obligation under this Agreement to the extent that its performance is prevented, hindered or delayed by any event or circumstance beyond its reasonable control, including without limitation: acts of God, fire, flood, storm or other natural disaster; act or order of any government, regulatory authority, or other competent body; war, civil commotion, insurrection, terrorism or embargo; failure, interruption or delay of any telecommunications, network, internet, or settlement system; unavailability of or delay in any mobile network, airtime or other supply; labour disputes of any kind; or any other event or cause, whether or not similar in nature to the foregoing. In any such case, Ding’s obligations shall be suspended for the duration and to the extent of the prevention, hindrance, or delay, and Ding shall not be liable for any loss or damage arising from such event.
16. Security, Maintenance and Availability
You agree, acknowledge and accept that electronic communications, the internet, telephone lines or SMS-based telecommunications media may not be secure and communications via such media may be intercepted by unauthorised persons or delivered incorrectly. Ding cannot guarantee the privacy or confidentiality of communications via such media although it will (and shall procure that its service providers will) put in place appropriate security measures to protect these methods of communications.
In the event of disruption to, or a failure, unavailability, fault or malfunction of, or connected to, any product or system used in connection with the Applications or the Services, or where there is a real or potential security risk, Ding shall be entitled, without any liability to you, to temporarily suspend the relevant Services or access to the Applications or your Account for such reasonable period as may be required to remedy, address or resolve the issue.
From time-to-time, it may be necessary for us to perform maintenance (whether emergency or planned), implement upgrades, or for other legitimate business reasons to: (i) make certain or all of the Applications or Services unavailable to you; (ii) delay implementation of any new Services; (iii) withdraw, replace or reissue your Login Details; and/or (iv) change authentication procedures or processes for accessing the Applications or the Services, while using reasonable measures to minimise any inconvenience caused. You acknowledge and agree that these events may occur and that Ding bears no liability when such events occur.
If Ding changes the authentication or security procedures used to access the Applications or the Services, it may implement such changes by providing you with instructions directly through the relevant Application. These instructions will take effect when notified, even if other parts of this Agreement provide otherwise.
17. Agency and Assignment
You agree that you have entered into this Agreement for your own benefit and not for the benefit of another person, and that you may not assign any of your rights or obligations under this Agreement.
18. Limitation of Liability
Ding bears no responsibility for use of the Applications and/or Services in connection with any unauthorised, illegal, fraudulent, offensive, violent, immoral or indecent activity. Except as set forth in Section 28 below, Ding, its directors, employees, officers or agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation any direct, indirect, incidental, special, or consequential, exemplary or punitive loss or damage or any loss of income, money, data or goodwill) arising out of or in connection with your use of the Applications, Products or Services. This does not limit in any way our liability for death or personal injury caused by our negligence or for any other matter which it would be illegal for us to exclude our liability.
No damages other than compensatory damages, strictly limited to the amount of the Top-up or Gift Card or other value paid in relation to Services provided through the Applications, where fault lies solely with Ding or its service providers, shall be incurred by Ding. No right of indemnity exists for you against Ding.
Furthermore, Ding will incur no independent or third party or vicarious liability in relation to the failure by you to adhere to the terms and conditions contained and referenced herein or on other related and linked independently operated websites by third parties.
You agree and acknowledge that the Applications and the Services and content provided through them are provided “as is.” Ding makes reasonable efforts to ensure that transactions are provided in a timely manner but makes no representations or warranties regarding the time needed to complete processing or our ability to successfully process any transaction request. The Services are dependent on many factors outside of our control.
To the fullest extent permitted by applicable law, Ding makes no representations or warranties in relation to the use and availability of the Applications or the Services provided through them.
19. Unauthorized EFTs & Error Resolution
You can help protect your Account from unauthorized electronic funds transfers (EFT or EFTs) by regularly monitoring and reviewing your Account. If you believe an EFT in your Account may not be correct, or if you need more information about an EFT listed in your Account, please contact us at [email protected]. Tell us immediately if you believe your Login Details have been lost or stolen or if you believe an EFT has been made from your Account with your Login Details without your permission. If you do not tell us within sixty (60) days after your Account statement was sent or otherwise made available to you containing unauthorized EFT(s), you may not get back any funds you lost after the sixty (60) days if promptly notifying us within sixty (60) days could have prevented or mitigated the unauthorized EFTs.
Unauthorized Transactions. An EFT is unauthorized when you did not authorize the EFT and the EFT did not benefit you or your Account. If you allow another party to transact in your Account by sharing your Login Details, the EFTs completed by that party are authorized EFTs and you will be responsible for those EFTs unless you notify us that you no longer authorize transactions by that party.
Error Resolution. The types of EFT errors covered by this
Section 19
include: (i) an unauthorized EFT; (ii) the amount of the EFT is wrong or the EFT is otherwise incorrect; (iii) you think an EFT or information about an EFT is missing from your Account statement or we have otherwise made a computational or bookkeeping error; (iv) you did not receive a statement or required information regarding preauthorized EFTs; (v) you received an incorrect amount of funds from an electronic terminal; (vi) you did not receive a receipt for a EFT made at an electronic terminal or information is missing from the receipt; (vii) you need more information about an EFT, including information to determine whether there is an error; or (viii) other errors that are not enumerated in this
Section 19(B)
but may still be covered by our error resolution procedures.
Procedures for Error Resolution. This
Section 19(C)
summarizes our and your rights and obligations under the U.S. Electronic Fund Transfer Act and the implementing Regulation E. You must notify us of a potential error within sixty (60) days from that date that we first provided you with an Account statement showing the suspected error. For such suspected errors, please provide us with: (i) your name and Account identifying information; (ii) a brief description of the error or suspected erroneous EFT; and (iii) the amount of the suspected erroneous transaction. If you verbally notify us of a suspected erroneous transaction or other question, we may require that you email us your complaint or question in writing within ten (10) business days. If you do not provide the suspected erroneous transaction or other question in writing, your Account may not qualify for a credit.
We will evaluate whether there was an error in your Account within ten (10) business days after you provide us with sufficient information regarding the suspected erroneous transaction and will reverse the error promptly. If we need more than ten (10) business days to investigate the suspected erroneous transaction, we will provide a provisional credit to your Account within ten (10) business days and may take an additional forty-five (45) days to investigate your suspected erroneous transaction or other question. If we provide you a provisional credit to your Account you may use those funds as we complete our investigation. If your first Account transaction is less than 30 days before the date you notified us of a suspected erroneous transaction, the initial ten (10) business-day investigation period will be extended to twenty (20) business days. Likewise, if your first Account transaction is less than 30 days before the date you notified us of a suspected erroneous transaction or if the suspected erroneous transaction occurred outside of the U.S., then the forty-five (45)-day period is extended to ninety (90) days.
We will notify you of our investigation decision within three (3) business days after we finalize our investigation. If our investigation concludes that there was no error in your Account, then we will provide you with a written explanation and will also reverse any provisional credits that we previously applied to your Account. You may ask us to provide you with copies of any documents that we used to complete our investigation of your suspected erroneous transaction.
Not all questions submitted to us are errors covered by this
Section 19
. You should contact us in accordance with this
Section 19
if you have a question about an EFT, even if you have a question about an issue that may not be covered by this
Section 19
.
20. Governing Law
These Terms, the Applications, the Products, your Account, and our provision of the Services will be governed by the laws of Ireland without regard to principles of conflicts of law, except to the extent the laws of your state or country of domicile require the laws of your state or country of domicile to apply to any specific issue or aspect of the Applications, the Products, your Account, and our provision of the Services.
21. Dispute Resolution & Agreement to Arbitrate
PLEASE READ THIS SECTION 21 (“AGREEMENT TO ARBITRATE”) CAREFULLY AS IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW WE RESOLVE CLAIMS AGAINST EACH OTHER.
You and we agree that upon the election of either of us, any claims or disputes, as defined in Section 21(C) below, will be resolved by binding arbitration and not through litigation in any court, except as otherwise stated in this Agreement to Arbitrate. Arbitration is more informal and cost-effective than litigation in court and disputes are decided by a neutral arbitrator instead of a judge or jury. Neither you nor we will have the right to a trial by jury for any claims or disputes in arbitration. By agreeing to this Agreement to Arbitrate, you are waiving the right to a trial by jury for any claims or disputes that are arbitrated. Information exchanges between the parties in arbitration may be possible to a limited extent, if ordered by the arbitrator consistent with the rules of the arbitration administrator. An arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. Any claim in arbitration must be resolved on an individual basis and may not be consolidated with any other arbitration. The award of an arbitrator is final and binding upon you and us. Unsatisfied judgments of an arbitration award may be enforced in any court of competent jurisdiction.
Subject to Section 21(B) and Section 21(D) below, the arbitrator and not any court, to the extent permitted by law, shall have the exclusive authority to resolve any claims, including, without limitation, claims regarding the interpretation, application, enforceability, revocability, scope, or validity of this Agreement to Arbitrate or any portion thereof.
Governing Law. The interpretation and enforcement of this Agreement to Arbitrate is governed by the U.S. Federal Arbitration Act (“
FAA
”) and the laws of the country or the state that governs your Account without regard to the principles of conflicts of law, but only if the laws of the country or the state that governs your Account are not inconsistent with or preempted by other laws.
Your Right to Opt-Out of Arbitration; Opt-Out Procedures.
THIS AGREEMENT TO ARBITRATE IS NOT A MANDATORY CONDITION OF MAINTAINING AN ACCOUNT WITH US AND YOU HAVE THE RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE. YOU HAVE THE RIGHT TO CONSULT WITH AN ATTORNEY REGARDING YOUR RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE. IF YOU DO NOT OPT-OUT, YOU AND WE HAVE THE RIGHT TO ELECT TO ARBITRATE ANY DISPUTES BETWEEN US, SUBJECT TO THE EXCEPTIONS IN THIS SECTION 24.
You can opt-out of this Agreement to Arbitrate if you do so within forty-five (45) days after the date you first accepted the Terms. You can exercise your right to opt-out by emailing us at [email protected] and including your name, address, account number, and a clear statement that you decline the Agreement to Arbitrate. Any opt-out of this Agreement to Arbitrate made more than forty-five (45) days after your first acceptance of the Terms are not valid. An opt-out will be effective only if you communicate the opt-out yourself, on your own behalf, and on an individual basis. Any opt-out from a third-party purporting to act on your behalf will be invalid and will have no effect.
If you opt-out of this Agreement to Arbitrate it will not invalidate any other provision in the Terms.
Claims Subject to Arbitration.
Except as noted in this Section 21(C) or in Section 21(D) below, any and all disputes or claims between you and us that arise out of or relate in any way to: (a) the Terms or any previous versions of the Terms; (b) your use of or access to your Account, the Products, or the Services; (c) any transactions or any services we provide to you related to your Account; (iv) our denial or refusal to establish or create an Account for you; and (v) the scope or applicability of this Agreement to Arbitrate (each a Claim), shall be resolved exclusively through arbitration. Any Claim that arose or relates to facts prior to your acceptance of this Agreement to Arbitrate, and any Claim that may arise or relate to facts after the termination of the Terms or any previous versions of the Terms, shall be subject to this Agreement to Arbitrate unless you provided us written notice of that Claim prior to the effective date of this Agreement to Arbitrate.
If a third party is involved in a Claim between you and us, then the Claim with respect to the third party will also be decided in arbitration, and the third party must be named as a party as set forth in the applicable procedural rules of arbitration. Any award or relief in arbitration will only be granted on behalf of, or against, a named party.
Exceptions to Agreement to Arbitrate. Notwithstanding anything to the contrary in this Agreement to Arbitrate, you and we may seek relief in small claims court for any such Claim that qualifies for small claims court. A Claim that, as a matter of applicable law, the parties cannot agree to arbitrate is excluded from this Agreement to Arbitrate.
Arbitration Procedures; Arbitration Costs.
All Claims shall be administered by the American Arbitration Association (AAA) and the AAA Consumer Arbitration Rules and Mediation Procedures effective as of the date your Claim is filed.
In the event that AAA is unable to handle the Claim for any reason, then the matter shall be arbitrated by a neutral arbitrator selected by agreement of the parties (or, if the parties cannot agree, selected by a court in accordance with the FAA).
The arbitration will be heard by a single arbitrator selected pursuant to the rules of the administrator. The arbitrator will conduct the arbitration and decide the Claim in accordance with all applicable substantive law, including the FAA, the recognized principles of equity, and the applicable statutes of limitations, and will honor all claims of privilege recognized by law. The arbitrator will have the power to award any damages or other relief allowed under applicable law. The arbitrator can award damages or other relief provided for by law to you or us, but not to anyone else. The arbitrator’s authority is limited to the Claims between you and us. No court or arbitrator shall be bound by rulings in prior arbitrations involving our other customers, but a court or arbitrator will be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law.
We will pay any costs that are required to be paid by us under the AAA arbitration administrator’s rules of procedure. We will also pay any fees of the arbitrator and arbitration administrator, except for up to $250 that you may be required to pay by the AAA administrator’s rules. If you win the arbitration, we will reimburse you for any fees you paid to the AAA arbitration organization and/or arbitrator. All other fees will be allocated according to the AAA arbitration administrator’s rules and applicable law. Notwithstanding the foregoing, the parties shall be solely responsible for their own attorneys’ fees in arbitration unless the arbitrator finds that either the substance of or the relief sought in a Claim was frivolous or improper.
Rules and forms may be obtained from, and Claims may be filed with, the AAA (800.778.7879 or www.adr.org). Arbitration hearings will take place in the federal judicial district that includes your address as stated on your Account at the time the Claim is filed, unless the parties agree to a different place.
Class Action Waiver.
THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD THE RIGHT TO BE A PARTY IN A CLASS OR REPRESENTATIVE ACTION BUT ARE CHOOSING TO HAVE ANY CLAIMS DECIDED ON AN INDIVIDUAL BASIS AND THROUGH ARBITRATION, SUBJECT TO ANY OPT-OUT OR EXCEPTIONS AS STATED IN THIS SECTION 21.
Any Claim must be brought in an individual capacity and not as a named plaintiff or class member in any purported class, collective representative, multiple plaintiffs, or similar proceeding (Class Action). The parties expressly waive any ability to maintain a Class Action in any forum. Claims in arbitration will proceed on an individual basis, on behalf of the named parties only, subject to the provisions of this Section 21(F).
YOU AND WE AGREE NOT TO:
SEEK TO PROCEED ON ANY CLAIM IN ARBITRATION AS A CLASS CLAIM OR CLASS ACTION, PRIVATE ATTORNEY GENERAL PROCEEDING, OR OTHER REPRESENTATIVE PROCEEDING;
SEEK TO CONSOLIDATE IN ARBITRATION ANY CLAIMS INVOLVING DIFFERENT CLAIMANTS FROM DIFFERENT ACCOUNTS;
BE PART OF, OR BE REPRESENTED IN, ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE; NOR
SEEK ANY AWARD OR REMEDY IN ARBITRATION AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION, INCLUDING BUT NOT LIMITED TO PUBLIC INJUNCTIVE RELIEF.
For the avoidance of doubt, no arbitrator shall have authority to hear or resolve any Claim on behalf of a person who is not a named party, nor shall any arbitrator have authority to make any award for the benefit of, or against, any person who is not a named party.
Severability.
If an arbitrator or court of competent jurisdiction decides (subject to the delegation clause of
Section 21
) that any part of this Agreement to Arbitrate is invalid or unenforceable, then such specific part shall be of no force and effect and shall be severed and will not affect the validity or enforceability of the other provisions of this Agreement to Arbitrate. If an arbitrator or court of competent jurisdiction decides (subject to the delegation clause of
Section 21
) that all of the Terms are invalid, void, voidable, or unenforceable, it will not affect the validity or enforceability of this Agreement to Arbitrate.
22. Severability
If, at any time, any provision of the Terms (or any part of a provision of the Terms) is or becomes invalid, void, voidable, or unenforceable, that shall not affect or impair the validity or enforceability of the remainder of the Terms (including the remainder of a provision where only part thereof is or has become invalid, void, voidable, or unenforceable).
23. Waiver
Any waiver of a breach or default of any of the provisions of these Terms shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on Ding’s part to exercise or avail of any right, power or privilege operate as a waiver of any breach or default by you.
24. Language
These Terms are drafted in the English language and translations provided in other languages are solely for your convenience and are not intended to modify the Terms. You agree that the English version of these Terms will control in the event of any inconsistency between the English and translated versions in any dispute related to these Terms.
25. Customer Care & Contact Information
If you have any questions about this Agreement or any complaints or require any assistance with the Applications or the Services, we are always here to help. You can get in touch with us 24 hours a day, 365 days a year using one of the options below.
Email us: [email protected]
Live chat: https://support.ding.com
In addition to submitting complaints directly to us as noted above, complaints can also be made via the European Commission’s Online Dispute Resolution platform, available here. In addition to submitting complaints directly to us as noted above, California residents may mail complaints to the California Department of Business Oversight at 1515 K Street, Suite 200, Sacramento, California 95184 or submit complaints online here. In addition to submitting complaints directly to us as noted above, Florida residents may mail complaints to the Florida Department of Financial Services at 200 East Gaines Street, Tallahassee, Florida or by telephone at 1-800-342-2762.
PART 2 – TOP-UP AND GIFT CARDS
26. Your Instructions - Top-up and Gift Cards
For Top-up and Gift Cards, you will be required to select the amount of Top-up that you wish to be delivered or the value of the Gift Card you wish to purchase.
You shall ensure that all instructions provided to Ding through the Applications are accurate and complete. In particular, the mobile phone number (or email associated to a permanent Nauta access account) to which any Top-up is to be credited must be correctly identified.
You shall ensure that any instructions which are relayed back for confirmation are accurate and complete. All confirmed instructions are final and binding upon you. Ding and its service providers accept no liability or consequences related to the provision of incorrect, inaccurate or false information by you. You are solely responsible for any consequences related to the failure to provide accurate and complete information or the failure to correct such inaccurate information prior to final confirmation.
27. Cost and Fees - Top-up and Gift Cards
For Top-up and Gift Cards, the total amount (inclusive of all applicable taxes, fees, and charges) that you will be required to pay will be displayed clearly on the Applications before you are asked to confirm your transaction. Any Top-up and Gift Card transaction will not be processed until you confirm the transaction.
The Top-up and Gift Card fees vary based upon the amount of the Top-up that you wish to send or the value of the Gift Card that you wish to purchase according to the denominations displayed on the Applications. If the Top-up you purchase is to be received in a different currency to the currency of your chosen payment method, the payment amount will be subject to the applicable FX rate on the payment date and an airtime conversion fee will be applied. Some Top-up or Gift Card transactions may also be subject to a secure online processing fee, and any such fee will be disclosed to you prior to finalizing the purchase through the Applications.
The Top-up and Gift Cards are provided by Ding upon successful payment by you and are generally available within three seconds. Occasionally, there may be a short delay due to review or validation or before the relevant third party delivers the Product to the recipient. Where contact details have been provided, we will send you a confirmation email or SMS which contains details of the Products as soon as your transaction has been successfully completed.
For Top-up or Gift Cards, you agree and understand that Ding only acts on your authorisation to purchase the Top-up or Gift Card and the relevant third party shall be solely liable to you and the recipient, where applicable, for the provision of the services related to the Top-up or Gift Card purchased. Once a Top-up or Gift Card is purchased, it is immediately available for use and cannot be cancelled, refunded or removed. You must confirm that the recipient phone number, email address, and other details you have entered for Top-up or Gift Cards purchases are accurate and correct. Top-up and Gift Cards are immediately available and cannot be cancelled or reversed once we process your requested transactions.
Please note that the Applications limit the number and value of Top-up and Gift Cards that can be purchased or received, including over a specific time period (e.g., daily, weekly, monthly). We may apply other limits and exclusions related to the use of the Applications, the purchase of Top-up and Gift Cards, or other specific Services to comply with all applicable laws for those products and services.
28. Transactions using your Chosen Payment Method -Top-up and Gift Cards
You may use Visa, MasterCard, Diners, Discover, AMEX, or PayPal or any other payment methods available on the Applications from time-to-time. Any credit card, debit card or other payment method which may be used on the Applications must have a valid billing address and valid issuing bank or other payment services provider and any other information we may request from time-to-time.
Where you make a purchase using a Diners or Discover credit card or make a USD$ currency purchase using a Visa or MasterCard credit card which was issued in the United States, your payment may be processed by a payment processor for and on behalf of Ding through its wholly owned subsidiary, Ezetop Online Services LLC (registered in the U.S. State of Delaware). All correspondence in relation to any Ding company can be sent to 3 Shelbourne Buildings, Crampton Avenue, Shelbourne Road, Ballsbridge, Dublin 4, D04C2Y6, Ireland or to [email protected].
You authorise Ding to act upon any instruction to charge the payment method provided by you through the Applications which has been transmitted using your Login Details in connection with the Applications. Ding is not required to undertake any additional authentication or identity verification measures other than those required by applicable law or as Ding deems appropriate and sufficient to protect against fraud or money laundering and to maintain the security and proper use of the Applications to comply with any internal policy.
You acknowledge that Ding may reserve the right to refuse to process a purchase of Top-up or Gift Cards if we suspect the transaction may involve any illegal, fraudulent, offensive, violent, immoral or indecent activity or to protect against fraud or money laundering.
Upon receipt of a proper and complete request from you for Top-up or Gift Card, Ding will charge the payment method you have provided and will in the case of Top-up, transmit an electronic instruction to the relevant third-party provider (for example, a mobile network operator) to deliver the Product in the amount specified, for the benefit of the recipient nominated by you.
Ding shall accept liability for the non-execution of a Top-up or a defective Gift Card purchased through the Applications, subject to these Terms, the proper use of the Applications as instructed by Ding, and the absence of any misrepresentation, fraud or negligence by you. Such liability, if incurred, shall be strictly limited to the amount of the unexecuted or defective Product.
29. Auto Top-up -Top-up and Gift Cards
If you select “auto top-up,” the payment method provided by you will be charged for the initial Top-up and automatically charged for each subsequent Top-up on the payment dates specified by you (e.g., every 7, 14, 28 or 30 days) until you cancel. You will be charged for an auto top-up no more than 24 hours before the auto top-up is sent. If the payment method provided by you is declined for payment of your auto top-up, your auto top-up will be cancelled, and you will be required to create a new auto top-up with a valid payment method.
You may cancel any auto top-up you have set up on your Account at any time before the next auto top-up charge is processed. If you cancel before the charge is processed (which may occur up to 24 hours before the scheduled top-up date), no further auto top-ups will be charged to your payment method. For example, if your auto top-up is paid every 28 days, you may cancel that auto top-up at any time before the charge is processed for that 28-day period, and no further auto top-up payments will be charged to your chosen payment method. You will not receive a refund for any previous auto top-up payments.
When you set up an auto top-up, the Top-up amount and any processing fees as of the date of setup will be charged for each subsequent auto top-up payment. If you set-up an auto top-up for an international Top-up and the Top-up you purchase is to be received in a different currency to the currency of your chosen payment method, the amount you will be charged for the auto top-up on each payment date may vary based on the FX rate on the applicable payment date and will be subject to an airtime conversion fee.
If the price of Top-up increases which results in an increase in the price of your auto top-up, Ding will notify you by giving you at least 14 days’ notice before the price increase. The increase will apply to the next auto top-up payment due from you after the notice. If you are given less than 14 days’ prior notice, the price increase will not apply until the next payment following the expiry of the 14-day notice period. If you do not wish to pay the increased price for an auto top-up, you may cancel the auto top-up as described above. Subject to applicable law, you accept the increase by continuing to enable an auto top-up after the price increase takes effect.
Auto top-ups are automatically renewed unless discontinued. You can manage or cancel your auto top-ups in your Ding Account or by contacting our customer care team at [email protected].
Ding reserves the right to accept, refuse, discontinue or cancel the auto top-up service.
PART 3 – DING MONEY
If you use our dingMoney Service, the following specific terms and conditions apply.
30. Description of dingMoney and our Partners
dingMoney allows you to send value from the United States to your loved ones in supported countries who have a phone number, register an account with Ding, and complete certain customer due diligence requirements (Receiver(s)). The supported countries are subject to change and are set out in the dingMoney FAQs. dingMoney can be used by a Receiver to spend on Top-up and Gift Cards on ding.com, to share with others or withdraw as cash, using our regulated partner MoneyGram Payment Systems, Inc.
You acknowledge that dingMoney is held in USDB and that USDB is a cryptocurrency and that cryptocurrency may lose value. Cryptocurrency, such as dingMoney held in USDB, is maintained in a wallet and is neither a deposit nor held in an FDIC-insured bank deposit. dingMoney is a digital balance held in USDB and is pegged directly to the U.S. dollar at an intended ratio of one (1) USDB to one (1) U.S. dollar. USDB is a stablecoin and is not guaranteed to maintain its ratio to the U.S. dollar or to maintain a constant value relative to the U.S. dollar. USDB may fluctuate above or below its intended ratio to the U.S. dollar based on market volatility, redemption activity, trading conditions, reserve composition or reserve inadequacy, issuer risk and treasury management practices, and/or loss of market confidence.
All payments made by the sender of dingMoney are processed by Stripe Inc. (Stripe), a licenced and regulated money services business. A Receiver’s USDB balance is securely held and converted in a custodial digital wallet by Bridge Ventures LLC or its affiliates (Bridge), a U.S. licensed and regulated money services business. The cash-out option is provided by our regulated partner MoneyGram Payment Systems, Inc (MoneyGram), a U.S. licensed and regulated money services business. Ding provides the dingMoney experience on the Applications, but Ding is not a regulated money services business. All regulated financial services on Ding’s Applications are performed by licensed third-party partners. Neither Ding nor Bridge are banks and dingMoney is not FDIC insured.
31. Sending dingMoney
You should only send dingMoney to Receivers that you know. To send dingMoney, you must be at least 18 years old and a U.S. resident in a state where Bridge or their financial partners provide the Bridge services. See dingMoney FAQs for details of currently supported states.
You will be required to input the Receiver’s mobile phone number, first name and last name, and select the amount of dingMoney that you wish to send in U.S. dollars. The amount selected will also be displayed in the local currency of the Receiver but the amount you pay will always be strictly and solely in U.S. dollars. The equivalent amount of dingMoney in the Receiver’s local currency is only an estimate, may vary with daily exchange rates, and is shown only as a courtesy.
For your first dingMoney transaction, as required by Bridge and to comply with Applicable Law, you will be required to provide the following details about yourself: name, address, date of birth, phone number, and email address. In addition, you will be required to complete additional identity verification procedures to send dingMoney in amounts above $500. It will be clear from the Applications what you are required to provide and when. Your personal data will be processed by Ding and Bridge in accordance with the Ding Privacy Policy and the Bridge Privacy Policy.
You shall ensure that all instructions provided to Ding are accurate and complete. You may need to provide us with additional information we request to complete your dingMoney transaction. All dingMoney transactions are instant and final. Once your dingMoney transaction has been confirmed (and in the case of a first transaction, and claimed by the Receiver), it cannot be modified, cancelled, or reversed.
To make a payment you must provide your Visa or MasterCard or other payment details to Stripe, including your card number, full name as shown on card, expiration date, CVV or CVC or security code, valid billing address, and any other information that Stripe may require.
When you send dingMoney to a Receiver for the first time, Ding will send a text message to the Receiver with a link to allow the Receiver to register an Account and open a digital wallet with Bridge. The Receiver has five (5) days from the date of the initial text message to claim their dingMoney. If the Receiver does not claim the dingMoney within five (5) days, you will not be charged for the transaction. A Receiver must only register an Account with us, and a digital wallet with Bridge, the first time the Receiver is sent dingMoney. All subsequent dingMoney send transactions to that Receiver will be automatically credited to the Receiver’s dingMoney Wallet.
The Receiver will see their dingMoney balance in U.S. dollars and local currency. The equivalent amount of dingMoney in the Receiver’s local currency is only an estimate, may vary with daily exchange rates, and is shown only as a courtesy.
Ding may apply a fee for sending dingMoney. Any such fee will be clearly shown at the time of your transaction as set forth in the Fee Schedule. There is no foreign exchange conversion when you send dingMoney. You pay in U.S. dollars and the dingMoney received by the Receiver is a digital balance held in USDB. Any local currency amounts shown are estimates only and may vary with daily exchange rates.
Ding may refuse to provide the dingMoney Service at any time including where Stripe declines to process your payment and/or Bridge declines to create a dingMoney Wallet for a Receiver.
Please note that Ding may impose minimum and maximum limits on the number and value of dingMoney transactions that can be made, over a specific time period (e.g., daily, weekly, monthly). dingMoney transactions should take no longer than fifteen (15) minutes, but timing may vary because of factors outside of Ding’s control and therefore Ding does not guarantee the timing of a dingMoney transaction.
32. Receiving dingMoney
If you are a Receiver of dingMoney, you will get an SMS or WhatsApp message notifying you that you have been sent dingMoney. To claim your dingMoney for the first time, you will be required to set up an Account with Ding in accordance with these Terms and a digital custodial wallet with our regulated partner, Bridge, in accordance with the Bridge User Terms (dingMoney Wallet). You have five (5) days from when you have been notified to claim your dingMoney for the first time. If you do not claim your dingMoney within five (5) days, the sender will not be charged for the transaction. You must only register an Account with Ding and a dingMoney Wallet with Bridge the first time you are sent dingMoney. All subsequent dingMoney send transactions will be automatically credited to your dingMoney Wallet.
To be able to claim your dingMoney and open a dingMoney Wallet, you must be at least 18 years old and resident in a country where Bridge or their financial partners provide the Bridge services. See the dingMoney FAQs for details of currently supported countries. We advise you to read the Bridge User Terms carefully. You can print a copy of the Bridge User Terms for future reference.
For your first dingMoney transaction, as required by Bridge and to comply with applicable law, you will be requested to provide the following registration details to create your dingMoney Wallet: first name, last name, date of birth, country of residence, address, photo ID (e.g., passport, drivers’ licence or government issued photo ID), tax payer identification number, and any other necessary information. Your personal data will be processed by Ding and Bridge in accordance with the Ding Privacy Policy and Bridge Privacy Policy.
Once you have successfully registered your dingMoney Wallet with Bridge, your dingMoney is available in your dingMoney Wallet for you to use. You acknowledge and agree that you can only access and use your dingMoney Wallet through the Applications. You will see your dingMoney balance in U.S. dollars and local currency. The equivalent amount of dingMoney in local currency is only an estimate, may vary with daily exchange rates, and is shown only as a courtesy.
You can spend dingMoney in three ways: (i) to purchase Top-up and Gift Cards offered on the Applications using your dingMoney as a payment method; (ii) to transfer part or all of your dingMoney to your friends or family; or (iii) to cash-out all or part of your dingMoney through our regulated partner, MoneyGram. When you purchase Products on the Applications using your dingMoney or transfer any of your balance to another dingMoney user, these activities are supported by our regulated partner, Bridge. You can access your dingMoney transaction history through your Account.
You may be charged a fee by Ding to transfer or cash-out your dingMoney. Ding may also charge a monthly dingMoney Wallet maintenance fee. All Ding fees, including transfer or cash-outs fees and monthly dingMoney Wallet maintenance fees, are set forth in the Fee Schedule. MoneyGram may also charge a fee for cashing-out your dingMoney; please closely review the MoneyGram Terms for details. Minimum and maximum limits may apply to the amounts you can transfer or cash-out from your dingMoney Wallet – please see FAQs for current limits.
You acknowledge that Ding may not process every request for transfer or cash-out and reserves the right to decline to process such requests where we suspect any illegal, fraudulent, offensive, violent, immoral or indecent activity. Bridge and/or MoneyGram may also decline to carry out a transfer or cash-out in accordance with their terms.
If there has been no activity in your dingMoney Wallet for one (1) year (Inactivity), we reserve the right to apply account administration fees on your dingMoney balance and to instruct Bridge to close your dingMoney Wallet. See the Fee Schedule for current account administration fees.
If you choose to close your Account in accordance with Section 9 paragraph 2 above, or if Ding closes your Account in accordance with Section 9, paragraph 3 (i) above, Ding will instruct Bridge to close your dingMoney Wallet. On any such closure, all dingMoney transactions in progress will be completed and no further dingMoney transactions will be allowed. Bridge will, subject to any account administration fees, hold any remaining balance in the dingMoney Wallet indefinitely, unless required to do otherwise under applicable law, or where otherwise instructed by you, a regulatory authority, or law enforcement agency with relevant jurisdiction.
In the event Ding has identified fraud in connection with your Account, and Ding has suffered a chargeback, dispute, or refund in respect of the receipt of dingMoney by you, Ding will close your Account, instruct Bridge to close your dingMoney Wallet and Bridge will, unless otherwise prohibited by applicable law, pay the amount of the chargeback, dispute or refund to Ding from your dingMoney Wallet.
PART 4 - E-SIGN DISCLOSURE AND CONSENT
33. Use of Electronic Records and Signatures
By creating an Account, using our Services, or clicking to accept these Terms, you agree to use electronic records, signatures, and communications in connection with your relationship with Ding. You acknowledge that all agreements, disclosures, notices, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
34. Delivery of Electronic Communications
We will deliver electronic communications (including agreements, disclosures, and notices) to you by posting them in your online account, through our mobile application, by email, or by other electronic means. You agree that such delivery constitutes proper notice.
35. Your Consent
By proceeding, you consent to receive and sign documents electronically and to conduct business with Ding electronically. You understand that your electronic signature has the same legal effect as a handwritten signature.
36. Withdrawing Consent
You may withdraw your consent to receive electronic communications or to use electronic signatures at any time by contacting us at [email protected]. If you withdraw consent, we may be unable to continue providing certain Services to you electronically.
37. Access and System Requirements
To receive and retain electronic records, you must have access to:
A device with an internet connection and a current web browser capable of opening PDF and HTML files;
A valid email address; and
Sufficient storage or printing capability to retain copies for your records. You should keep your contact details (especially your email address) up to date so we can reach you.
38. Paper Copies
You may request a paper copy of any electronic record by contacting us at [email protected]. We may charge a reasonable fee for providing paper copies.
© Ezetop Unlimited Company t/a Ding 2026
Terms & Conditions