Buyers' Terms and Conditions

Last updated: 22nd of July 2023

By using our Services as a Buyer, you agree to these terms - please, read them carefully.

Introduction

These Buyer’s Terms and Conditions are additional terms that apply if you use FairPay as a Buyer (also referred to as "you" and "your" in this agreement). These Buyer’s Terms and Conditions form part of your agreement with us.

1. Other terms forming part of your agreement

Specific other terms or policies forming part of our Terms and Conditions will also apply to you and form part of your agreement with us, as follows:

2. Definitions

In these Buyer’s Terms and Conditions, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:

“This agreement” or “these terms” refer to the Buyer’s Terms and Conditions specifically;

“Tax” includes all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings, or liabilities, including value-added tax, sales tax, and use tax, where chargeable and whether of Estonia or any other jurisdiction.

“VAT” means Estonia’s value-added tax and any other tax imposed in addition to or in substitution for it at the rate from to time set and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction.

3. Warranties

In addition to the warranties defined in Section 14 of the Terms and Conditions for all Users, you represent and warrant that:

  • You are at least 18 years of age. In places where the age of majority is not eighteen (18) years old, then you must be over the age;
  • You will provide such other information or verification records as we require;
  • You are permitted by the laws of the country or State/province where you are located to join FairPay and view any Content available on it and use any functionality provided by it;
  • You are able and willing to make payment (where required) to view Content available on FairPay that you wish to view and to use any functionality provided by FairPay that you want to use.
  • You are aware that some of the Content on FairPay contains adult material, and you agree to consider this when deciding where to access and view Content. We will not be responsible if you suffer any loss or damage due to your accessing or viewing Content containing adult material in a way that places you in breach of any contract you have with a third party (e.g., employment) or in violation of any applicable law.
  • For each item of Content that you post, display, upload, or publish on FairPay:
    • The Content complies in full with our Terms and Conditions (and, in particular, our Acceptable Use Policy);
    • You either own your Content - and all intellectual property rights in it) or have a valid license to your Content; and
    • If your Content includes or uses any third-party material, you have secured all rights, licenses, written consents, and releases necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on FairPay.
  • You are aware and agree that we are not responsible for and do not endorse any aspect of any Content posted by you or any other User of FairPay. We are not obligated to monitor any Content and have no direct control over what your Content may comprise.
  • You will be liable to us and indemnify us if any of the warranties of section 3 of this agreement is untrue. This means that you will be responsible for any loss or damage we suffer due to any warranty being untrue.

4. Subscriptions and Purchases

This section describes the terms which apply to Buyer/Seller Transactions.

All Buyer/Seller Transactions are contracts between Buyers and Sellers on the terms of the Standard Agreement between Buyer and Seller. Although we facilitate Buyer/Seller Transactions by providing the FairPay platform and storing Content, we are not a party to the Standard Agreement between Buyer and Seller or any other contract which may exist between a Buyer and Seller and are not responsible for any Buyer/Seller Transactions.

Sellers are solely responsible for determining (within the parameters for pricing on FairPay) the pricing applicable to Buyer/Seller Transactions and the Content to which you may be given access.

Prices appear in USD or Euro depending on your location when accessing FairPay. Prices in USD and Euro are both determined solely by Sellers (within the parameters for pricing on FairPay).

In addition to the pricing determined by Sellers for their Content, FairPay charges a Service Fee to Buyers on every Buyer/Seller Transaction. The Service Fee is added at the time of purchase, where a Buyer can review and accept the total amount requested to pay. If you place the main purchase during your order and then add a donation or tribute to the Seller, the Service Fee will also be charged to this donation amount.

For USD payments, the Service Fee is 0.70 USD minimum, plus 0.25 USD for every ten dollars in the shopping cart. For EUR payments, the Service Fee is 0.70 EUR minimum, plus 0.25 EUR for every ten Euros in the shopping cart.

Buyer Payments are exclusive of VAT, which shall be added at the current rate applicable to Buyer Payments.

You authorize us to supply your payment card details to a third-party payment provider for the purpose of processing your Buyer Payment. All Buyer Payments will be charged in USD or Euro depending on Buyer’s location at purchase time. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank, and we will not be responsible for paying any costs or fees imposed by your payment card provider or bank.

If you choose to provide details of two or more payment cards, then if you try to make a Buyer Payment from the first card and the card is rejected for any reason, then the other payment card may be used to collect the full Buyer Payment.

The payment provider will take the following:

  • Periodic payments from your payment card for Buyer Payments which are Subscriptions;
  • Immediate payments from your payment card for Buyer Payments other than Subscriptions (including any donations or tributes paid by you to a Seller). You authorize and consent to debit these payments using your supplied payment card details.

Apart from free-trial Subscriptions, all Subscriptions to a Seller’s product will automatically renew at the end of the relevant subscription period, except if your payment card is declined, the subscription price for the Subscription has increased, or you have turned off the “Auto-Renew” feature at purchase time. To stop subscribing to a Seller’s profile and paying continuing monthly subscription charges, you must turn off the “Auto-Renew” feature at purchase time or cancel your subscription by logging into your account.

If you cancel a Subscription, you will continue to be permitted to view the relevant Seller’s Content until the end of the subscription period in which you canceled, after which no further payments will be taken from your payment card in respect of subscriptions to that Seller’s product (unless you choose to pay for a new Subscription to that Seller’s product), and you will no longer be able to view the relevant Seller’s Content.

You agree that you will not make unjustified requests for a refund for any Buyer/Seller Transaction or unjustified chargeback requests of your payment card provider in relation to any Buyer/Seller Transaction. If any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.

5. Account Suspension

If we suspend your User account in accordance with our rights under the Terms and Conditions, then any Buyer Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.

6. Terms Relating to Disputes

Your agreement with us is governed by Estonian law, and Estonian law will apply to the following:

  • Any claim that you have to arise out of or in connection with your agreement with us or your use of FairPay;
  • Any claim that we have against you that arises out of or in connection with your agreement with us or your use of FairPay (including, in both cases, non-contractual disputes or claims). You will also be able to rely on the mandatory rules of the law of the country in which you live.

If you are a consumer resident in the European Union, any claim that you have or which we have arising out of or in connection with your agreement with us or your use of FairPay (including, in both cases, non-contractual disputes or claims) may be brought in the courts of Tallinn, Estonia, or the courts of the country where you live.

If you are a consumer resident outside of the European Union, any claim that you have or which we have arising out of or in connection with your agreement with us or your use of FairPay (including, in both cases, non-contractual disputes or claims) must be brought in the courts of Tallinn, Estonia.