Terms and definitions

Service Provider or Dinnero means a legal person that provides services for organising the collection and transfer of money Gifts and/or obtaining statistical data on the receipt of money Gifts through the platform www.dinnero.eu.

Beneficiary's bank card means an international or national payment institution card issued by a bank or payment institution belonging to the Beneficiary.

Sender means a natural or legal person who uses the Service through www.dinnero.eu for the transfer of the Gift to the Beneficiary, free of charge and irrevocably.

Beneficiary means a person who uses the Service to receive a Gift from the Sender. 

Partners mean credit institutions and other legal entities, including the the Service Providers, who have entered into contracts with the Service Provider, including for the provision of payment services and other funds transfer services.

Payment means the transfer of a money Gift from the Service Provider to the Beneficiary. 

Dinnero Service means means the Gift collection and transfer service from the Gift Sender to the Beneficiary.

Beneficiary's bank card/account linking means the process during which the Service Provider securely stores the Beneficiary’s bank card/account details to which the Gift amount is subsequently transferred.

Public Offer means this Contract entered into by and between the Service Provider and the Users, which is published on the Service Provider’s website or in the Dinnero system (including via a QR code).  The Public Offer is not targeted at specific individuals and consists in communication of advertising, price lists, tariffs, samples, catalogues and the like, as well as the offer of goods and service on a public computer network not targeted at specific individuals.

Service User means the Gift Sender and the Beneficiary.

Gifting methods mean the ways shown in the Dinnero system by which the Sender can pay out the Money Gift to the Beneficiary.

Gift means a thing, money or service (the value of which is determined at their own discretion) that one person, i.e. the Sender, grants to another person, i.e. the Beneficiary, free of charge, irrevocably and irreversibly, as a sign of respect, gratitude, recognition or friendship, without expecting anything in return. The Gift can be given for whatever reason or without reason and is intended to bring joy to the Beneficiary. The Gift shall not be returned to the Sender.

Money Gift means a form of gift given by the Sender to the Beneficiary, expressed in monetary terms. 

User ID means a unique identifier that allows authentication of the Beneficiary.

Service Commission (Fee) means the fee that the Service Provider is entitled to receive from the Beneficiary for providing the Service. 

Gift Beneficiary’s account balance means the funds that the Sender has transferred to the Beneficiary through the www.dinnero.eu system and which the Beneficiary has not been withdrawn and which has not been transferred by the Service Provider to the Beneficiary.

All other terms used in this Contract shall be construed in accordance with the legislation of the Republic of Estonia.

1 Object of Contract

1.1. With this Contract, the Service Provider guarantees access to the www.dinnero.eu system and allows the Beneficiary to make the Gift according to the Sender's wishes. The Beneficiary undertakes to comply with the Service Provider's terms and conditions of use and the obligations laid down in this Contract.

1.2. The Service Provider (Dinnero) does not act as an intermediary between the Sender and the Beneficiary. The Service offers a unique opportunity to transfer Gifts via the platform www.dinnero.eu. All disputes between the Sender and the Beneficiary shall be settled independently by the Parties, without involving Dinnero in the dispute. Dinnero is not responsible for the actions or omissions of the Parties and does not guarantee the successful completion of transactions. 

1.3. In addition to the services provided, Dinnero undertakes, on behalf of the Beneficiary but at the Beneficiary's expense, to make practical arrangements for the receipt, collection and subsequent delivery of financial gifts to the Beneficiary. (hereinafter the Arrangement).

1.4.  The Service User agrees and confirms that he/she is fully aware that the Service Provider only offers the Service User an information and technological service to enable payment of the Gifts, and the direct money transfer services are provided by the Service Partners. 

Entry into Contract

2.1. With this Contract, the Beneficiary confirms that he/she accepts the Service provided by the Service Provider and grants the consent for the use of the Service Provider’s environment under the Service Provider’s terms and conditions. 

2.2. This Contract is considered a contract entered into through a public offer. The Contract is deemed to have been entered into by and between the Beneficiary and the Service Provider from the moment the Beneficiary accepts the Service Provider's offer and agrees to the terms and conditions of the Contract. The Contract is deemed to have been entered into with the Sender once the terms and conditions of the Contract have been accepted.

2.3. Acceptance of the terms and conditions of the Contract for the purposes of this Contract means:

• examination of the Contract and any annexes thereto by the Beneficiary;
• acceptance of the terms and conditions of the Contract and any potential annexes thereto;

2.4. By agreeing to the terms and conditions of the Contract, the Beneficiary confirms that he/she clearly understands that the Service Provider is not the Beneficiary's employer and that the Beneficiary will only use the application provided by the Service Provider to make the Money Gift from the Sender to the Beneficiary. The Service Provider is not responsible for the type, amount or other characteristics of the Gift, but only provides a service that enables the Gift to be transferred from the Sender to the Beneficiary.

3 Use of Service by Beneficiary 

3.1. To gain access, the Beneficiary must:

3.1.1. examine the terms and conditions of the Contract of the Service Provider and agree to these;

3.1.2. complete the registration form by filling in the necessary fields (given names and surname, phone, e-mail address and any other additional information). 

3.1.3. Once the Service Provider has received the necessary information from the Beneficiary, they will carry out the registration procedure. During the registration process, an individual user ID is created for the Beneficiary, which can then be used by the Beneficiary by going through the authentication procedure in the Service Provider's system and logging into the system.

3.2. By agreeing to the terms and conditions of this Contract, the Beneficiary confirms that he/she is aware and agrees that the Service Provider's commission for the possibility of transferring the Gift as a card payment through the Service Provider's application shall be 5% + 0.15 euros of the amount sent by the Sender in case of a single transfer of less than 5 euros, and 5% of the amount if the transfer is 5 euros or more, unless the parties have separately agreed on a fixed fee. 

3.3. The Service Provider does not offer the possibility to organise collective collection. 

3.4. In order for the Sender to transfer the Money Gift to the Beneficiary, the Service Provider or the Beneficiary provides the Sender with a QR code in a way that is convenient for the Sender. Each Beneficiary has their own unique QR code.

3.5. The Service Provider has the right to permanently and without prior notice to block the Beneficiary’s account in the following cases:

3.5.1. The Beneficiary provides the Service through Dinnero or receives payment for work and/or the Service;

3.5.2. The Beneficiary violates the legislation of the Republic of Estonia, international laws and regulations;

3.5.3. The Gift or related activities contain profanity, offensive information or information contrary to public moral standards;

3.5.4. The Beneficiary violates the terms and conditions of this Contract, including not using the Service as intended.

3.5.5. The Beneficiary provides inaccurate or unreliable information during registration or use of the Service;

3.5.6. There are reasonable grounds to suspect fraud or other misuse of the Service;

3.5.7. The User's balance is negative (minus);

3.5.8. In other cases provided for in this Contract and by law.

3.6. In order to implement the blocking, the Service Provider is not required to prove the reason for the refusal to the Beneficiary in accordance with clause 3.5. The Service Provider may ask the Recipient or the Sender for additional information regarding the Gift. If the User fails to respond within the prescribed time limit (within a minimum of 5 working days) and/or the explanations provided are insufficient, incomplete or irrelevant to the Service Provider, the Service Provider has the right to block the User for the relevant infringements.

3.6.1.  Blocking an account means the termination of this Contract with that User.

3.7. Contractual penalty and set-off:

3.7.1. If the User breaches the terms and conditions of this Contract, Dinnero has the right to apply a contractual penalty for each transfer of the Gift in the amount of the Gift transferred.

3.7.2. The Beneficiary and the Sender unconditionally and irrevocably agree and acknowledge Dinnero's right to set off any claims for contractual penalty against the Beneficiary's balance or at the time of sending by the Sender.

3.7.3. In the event of a breach of the terms and conditions of the Contract by the Sender or at the time of sending the Gift, Dinnero has the right to withhold the amount of the Gift as a contractual penalty until it is credited to the Beneficiary's account.

3.8. Obligations for accepting/withdrawing Gifts and their deposit fees:

3.8.1. The Beneficiary undertakes to accept/withdraw the Gifts received via Dinnero from the Sender within the specified time period, which will be displayed in the Beneficiary's personal account in the Dinnero system. 

3.8.2. Unless the Beneficiary accepts/withdraws the Gift within the specified time, Dinnero shall be entitled to dispose of the Gift at its discretion for each day of delay (i.e. it has neither been delivered to the Beneficiary nor returned to the Sender), to which the User who has accepted this Contract unconditionally consents, and to charge the Beneficiary a deposit fee of 5% of the market value of the Gift for each day of delay. 

3.8.3. The Gift deposit fee is automatically deducted from the Beneficiary’s balance in the Dinnero system. If the balance is insufficient, the fee will be withheld from the next Gifts made to the Beneficiary's account and/or collected in accordance with the law.

3.9. The Beneficiary acknowledges that he/she is aware and agrees that the Service Provider has access to the information related to the Gifts collected for the Beneficiary. 

3.10. The Parties agree and accept that the Service will be used as is, i.e. without any guarantees or obligations of the Service Provider in the event of the impossibility of using the Service functions or interruptions (delays, failures, other technical issues, etc.). 

3.11. The use of Dinnero to transfer Money Gifts is only allowed in the SEPA area to countries approved by Dinnero. The list of countries can be found at the link.  Before sending and receiving the Gift, users must first check the list and, if necessary, contact the Dinnero support team at [email protected]. The Users are personally liable for failure to comply with these rules and Dinnero does not guarantee the transfer of a Money Gift to a location that has not been approved by Dinnero's risk management team. Dinnero has the right to impose a fine and set-off in accordance with clause 3.8. 

3.12. There are restrictions on the withdrawal of the Money gifts, which you can find information about in the User's personal account. The Service Provider may change the restrictions at its discretion.

3.13. The Service Provider has the right to verify and identify the Users, including by requesting additional additional documents or information from them. Failure to provide the requested information within the prescribed time limit shall entitle the Service Provider to suspend or terminate the Service to the User. Verification and validation may include identity, financial and security compliance checks.

4 Security of Service use

3.1. When using the Service, the Beneficiary must comply with the following information security requirements:

4.1.1. In order to ensure the confidentiality of the information entered on the computer or device used to access the Service and to ensure the security of the data accessed through the Service, the User must use devices with a functioning security system. 

This shall include, inter alia, the following: 

a) restricting access to the device; 

b) active antivirus software with updated databases; 

c) operating system update system; 

d) ensuring the safety and confidentiality of the Service access data and other information necessary to access the Service and perform operations, and non-disclosure of this information to other persons (including friends, acquaintances, relatives, etc.).

4.1.2. Promptly notify the Service Provider in the event of unlawful use by third parties of the log-in details and other information of the Beneficiary necessary to access the Service and carry out operations.

4.2. In order to preserve the confidentiality of the Service access data and the information contained therein, the Beneficiary is advised:

4.2.1. Not to use the auto-fill functions of the web browser on pages with the Service access data.

4.2.2. If necessary, to install additional account protection (including password code).

4.2.3. To carefully read the information displayed on the screen of the device used to work with the Service, choose the actions according to your intentions from the options offered, and carefully check the correctness of the information entered.

4.3. The Service Provider undertakes to store the User Data in accordance with the Privacy Policy and applicable data protection laws. The Service Provider has the right to use the User Data for the purposes of improving the Service quality, carrying out marketing campaigns and for other purposes specified set out in the Privacy Policy. The User has the right to withdraw his/her consent to the use of data for marketing purposes at any time.

5 Rights and Obligations of Parties

5.1. The Service Provider is entitled to:

5.1.1. Independently determine (including at any time modify) the procedures for using the Service, as well as the Beneficiary's access to the service.

5.1.2. set and/or change the terms and conditions for the transfer of the Gift to the Beneficiary;

5.1.3. Unilaterally modify the terms and conditions of this Contract and the annexes hereto, subject to the terms and conditions set forth in clause 5.1 of this Contract.

5.1.4. Make scheduled or unscheduled changes to the technical features and parameters of software and hardware related to the Service, including temporary suspension of the Service.

5.1.5. Collect, receive and use technical data and related information to improve the Service.

5.1.6. Make amendments and modifications to the Service, as well as other improvements, without the prior consent of the User and at their own discretion;

5.1.7. Restrict or terminate the Beneficiary's access to the service in the cases set out in this Contract.

5.1.8. Communicate information to the Service Partners on the linking of the Beneficiary’s bank card/account to the Service and other information necessary for the payment of the Gift amounts the Beneficiary.

5.1.9. Exercise any other rights provided for in the legislation of the Republic of Estonia, this Contract and annexes thereto.

5.1.10. process personal data in accordance with the Privacy Policy in order to comply with this Contract.

5.2. The Beneficiary has the right to:

5.2.1. Use the Service under the terms and conditions and in the manner specified in this Contract.

5.2.2. For any questions, complaints and suggestions related to the operation of the Service, contact the service centre by sending an e-mail to [email protected]. The period for lodging a complaint directly related to the operation of the Service with the Service Provider is 3 (three) working days from the day of the event(s) in relation to which the Beneficiary is lodging the complaint.

5.2.3. Exercise any other rights provided for in the legislation of the Republic of Estonia, this Contract and annexes thereto.

5.3. The Beneficiary's obligations:

5.3.1. To comply with the terms and conditions of this Contract and any annexes thereto.

5.3.2. To use the Service only to receive the Gifts;

5.3.3. To check on the Internet or when using the Service for any information on the Service website regarding amendments to the terms and conditions of this Contract and any annexes thereto.

5.3.4. To ensure the security and confidentiality of the information necessary to carry out the activities on the Service and not disclose this information to third parties (including friends, acquaintances, relatives, etc.), nor allow third parties to use the Service on your behalf.

5.3.5. To refrain from actions that violate the laws of the Republic of Estonia when using the Service.

5.3.6. Not to post on the Service any content that has the characteristics of a violation of the laws of the Republic of Estonia or that contains profanity or other information that is offensive and/or does not conform to standards of public morality or reality.

5.3.7. To submit to the Service Provider, at their request, written or electronic confirmation of the accuracy of the information provided in the registration for the Service and other information requested by the Service Provider.

5.3.8. To comply with any other terms and conditions set out in the legislation provided for in the legislation of the Republic of Estonia, this Contract and annexes thereto.

5.3.9. The Beneficiary undertakes to promptly notify the Service Provider of any suspicious activity or unauthorised access attempt related to the use of his/her account and to take all necessary measures to protect his/her account, including changing passwords and activating two-factor authentication.

5.4. The Beneficiary’s consent:

5.4.1. the Beneficiary grants the Service Provider the consent to use the Beneficiary's logo on the Service Provider’s website www.dinnero.eu in the Customer/Portfolio section.

5.5. Users' financial, tax and legal obligations:

5.5.1. The Sender and the Beneficiary acknowledge and unconditionally accept and understand that they are solely responsible for the performance of all financial, tax and legal obligations, if any, associated with the use of the Dinnero's Service.

5.5.2. The Sender and the Beneficiary acknowledge that it is their responsibility to independently monitor and comply with all applicable tax obligations, including the payment of income tax, related to the receipt or sending of the Gifts through the Dinnero's platform.

5.5.3. The Sender and the Beneficiary undertake to indemnify Dinnero against any damages, costs or fines that may be incurred as a result of fraud, improper use of the Service or failure to comply with their financial, tax or legal obligations.

5.5.4. The Sender and the Beneficiary irrevocably agree that, in the event of any claim or action brought against Dinnero in connection with their financial, tax or legal obligations, they undertake to settle such claim or action independently and to reimburse Dinnero for all costs incurred, including legal and other expenses.

6 Liability of Parties

6.1. The Parties shall be liable for non-performance (improper performance) of their obligations under this Contract in accordance with the current legislation of the Republic of Estonia.

6.2. The Service Provider is not liable for:

6.2.1. Non-performance or improper performance of the obligations arising from this Contract due to reasons related to internet connection disruptions.

6.2.2. The quality of services provided by payment service operators, mobile operators, landline network operators and internet access companies for the activities caused by third party software used by the Beneficiary;

6.2.3. For any damage and/or other negative consequences resulting from the non-performance or improper performance of the Beneficiary's obligations. 

6.2.4. For any loss or damage or any consequence resulting from the non-performance by the Sender or the Beneficiary of financial, tax or legal obligations.

6.2.5. Inability to use the functionality of the Service or interruptions in its use due to errors in the software of the Service, technical problems of the Service, etc.

6.3. The User is responsible for:

6.3.1. Using the Service contrary to the terms and conditions of this Contract.

6.3.2. Claims, as well as damages and/or other consequences under this Contract arising from any failure to perform these obligations.

6.3.3. In the event that the Service Provider suffers damage (including fines imposed by governmental authorities), as well as damage to the reputation of the Service Provider's trademark, caused by the Beneficiary due to non-performance or improper performance of the contractual obligations, the Beneficiary undertakes to fully compensate the Service Provider for such damage within 10 (ten) days as of the date of filing the respective claim.

6.4. The Service Provider has the right, at its sole discretion and without giving any reason, to return the Gift if they believe that fraud may be committed through the Dinnero Platform or if the Gift is not a gift or for any other reason. The Service Provider is not required to prove the reason for its decision. The value judgement of the Service Provider is sufficient for this decision.

6.5. The Service Provider does not guarantee delivery of the Gift to the Beneficiary. The Service Provider is not liable for failure to deliver the Gift for any reason, including technical failures, data errors or suspected fraud. 

6.6. Dinnero shall not refund the Gift to the Sender, except in the cases provided for in this Contract, due to the nature of the Gift, namely that it is free of charge and irrevocable. If delivery of the Gift to the Beneficiary is not possible, the Users unconditionally and irrevocably agree to transfer the Gift to Dinnero. 

The Users hereby understand and accept their waiver of any right to claim refund of the Gift or to pursue any other legal recourse against Dinnero.

6.7. The Beneficiary is solely responsible for complying with all applicable laws and regulations when using the Service. In the event of a breach of the law or of the rules of this Contract by the Service Beneficiary, the Service Provider has the right to suspend or terminate the provision of the Service, as well as to claim damages and liability in accordance with the applicable legislation.

6.8. The Service Provider is not liable for any damage caused to the Beneficiary or the Sender as a result of the use of the Service, except in the case of damage caused intentionally or through gross negligence on the part of the Service Provider.

6.9. In any event, the liability of the Service Provider under this Contract shall not exceed the amount of the commission received from the User in the 6 months preceding the submission of any claim.

7 Amendment of terms and conditions of Contract

7.1. The User agrees and acknowledges the Service Provider's right to unilaterally make amendments and modifications to this Contract and any annexes thereto by notifying the Users through their personal account or the Website. The amendments will enter into force from the date of their publication.

7.2. The Service Provider shall inform the Beneficiary of any changes and additions to the relevant documents by publishing the relevant information on the Service website at the following address www.dinnero.eu/terms-and-conditions or directly in the Service environment, as well as by other means specified by the Service Provider. The User undertakes to regularly check whether these terms and conditions have been updated.

7.3. When notifying the Beneficiary of the fact of making amendments and modifications of the respective documents, the Service Provider has the right to suspend the Beneficiary's access to the Service until the Beneficiary has approved in the manner offered by the Service Provider that he/she has examined the amendments and modifications of the respective documents.

7.4. If the Beneficiary does not agree to the amendments and supplements to this Contract and any annexes thereto, the Beneficiary shall notify the Service Provider electronically by sending a notice to [email protected] before the date on which the amendments and supplements to this Contract and any annexes thereto enter into force. Unless the Beneficiary agrees to amendments and modifications of the Contract and annexes thereto, it shall be considered that the Beneficiary refuses to perform this Contract, and the Contract with the Beneficiary shall be terminated within 5 (five) days as of the date when the Service Provider has received from the Beneficiary an electronic notification of non-acceptance of amendments and modifications of the Contract and annexes thereto.

7.5. Unless the Beneficiary has notified the Service Provider that he/she does not agree to the amendment of the terms and conditions of the Service, it shall be considered that the Beneficiary has agreed to the amendment of the terms and conditions of the Contract and accepts the amended terms and conditions of the Contract.

7.6. All and any amendments and modifications to this Contract will enter into force from the moment they are published on the Service Provider's website and/or communicated to the Beneficiaries via their personal account. Continued use of the Service after the publication of the amendments will be deemed to constitute acceptance of the new terms and conditions.

Cancellation of Contract 

8.1. The Service Provider has the right to unilaterally refuse performance of this Contract in the following cases:

8.1.1. Violation of the terms and conditions of this Contract by the User;

8.1.2. The Service Provider makes a decision to terminate the provision of the Service.

8.1.3. In the cases provided for in the legislation of the Republic of Estonia or this Contract.

8.2. In all other cases, the Service Provider has the right to unilaterally refuse to perform this Contract by notifying the Beneficiary thereof in advance at least 30 (ten) calendar days before the date from which the Service Provider unilaterally refuses to perform this Contract.

8.3. In the event of termination of the Contract in accordance with this clause, the Service Provider shall inform the Beneficiary by e-mail and via the Beneficiary's personal account by sending a notice with the corresponding content. 

8.4. The Beneficiary has the right to unilaterally refuse to perform this Contract by sending a corresponding notice to the Service Provider using electronic means to the e-mail address: [email protected] The Contract shall terminate with regard to the Beneficiary 5 days after the day when the Service Provider has received the electronic notice specified in this clause. Upon termination of the Contract, the Service Provider shall transfer to the Beneficiary all the funds in the Beneficiary's account within 10 working days to the account specified by the Beneficiary. 

8.5. Termination of this Contract shall mean the termination of the Beneficiary's access to the Service

8.6. If the Money Gifts remain unclaimed by the Beneficiary within the specified period, the money will be returned to the Sender, less a refund processing fee, the amount of which will be determined by the Service Provider.

9 Intellectual property

9.1. All content provided on the Dinnero Platform, including, but not limited to, text, graphics, logos, icons, images and software, is the property of Dinnero or its licensors and protected by copyright and intellectual property laws. 

9.2. Users are prohibited from using the content of the Dinnero Platform for any purpose other than subscribing to the Dinnero Services without Dinnero's prior written permission. Any reproduction, modification or redistribution of the software is prohibited by law and can result in severe civil and criminal penalties. Violators of this requirement will be prosecuted.

9.3. The Dinnero Service may contain links to third party websites. Dinnero does not control the linked websites in any way and does not monitor or review the content of linked sites. Dinnero is not responsible for the content, accuracy, reliability or security of these linked websites.

10 Final provisions

10.1. The Service Provider shall transmit all notices and communications relating to this Contract via the relevant messaging application or other means specified by the Service Provider.

10.2. If any provision of this Contract is found to be invalid, illegal or unenforceable, this shall not invalidate the other provisions of this Contract, which shall remain in full force and effect and shall be binding upon the Parties.

10.3. The Contract shall enter into force for the specific Beneficiary from the moment referred to in clause 2 and shall remain in force until the Parties have performed in full their obligations under this Contract or until the relevant circumstances referred to in clauses 8 and 9 of this Contract have arisen.

10.4. Any disputes arising from this Contract shall be settled by the court of the registered office of the Service Provider in accordance with the legislation of the Republic of Estonia. The Beneficiary agrees that from the moment the Beneficiary accepts the offer of the Service, the Service Provider has the right to send advertising and other information to the Beneficiary through the Service.

10.5. In matters not regulated by this Contract and any annexes thereto, the Parties shall be governed by the applicable legislation of the Republic of Estonia.

10.6. The Beneficiary agrees that the Service Provider is not a certified tax advisor and cannot provide the Beneficiary with tax advice on tax matters that may arise from the use of the Service. The obligation to comply with applicable tax requirements is not the responsibility of the Service Provider, and the Beneficiary shall be responsible for monitoring any amendments to the law that may affect the Beneficiary's tax obligations.

10.7. All the disputes arising during the performance of this Contract shall be settled by means of negotiations. Upon failure to settle the dispute by negotiations, it shall be referred to the court of the Service Provider's registered office in accordance with the legislation of the Republic of Estonia.