Payment Method Terms of Use

 

Last updated: 05.05.2021

 

1. GENERAL PROVISIONS

1.1. These Payment Method Terms of Use are an integral part of the Agreement.

1.2. The following clauses contain provisions that the MERCHANT shall follow in relation to specific Payment Methods which are provided to it in accordance with the Service Order.

1.3. Where specific Transaction Amount limits are included in these Payment Method Terms of Use, ECOMMBX may change these limits at any time without prior notification if ECOMMBX reasonably determines necessary to do so for security on anti-money laundering risk mitigation purposes. Any such changes shall be notified to the MERCHANT as soon as practicable.

1.4. Where the Service Order refers to payment instruments of particular regions it shall be understood that these are payment instruments issued by entities from that region. European Cards shall be understood as Cards issued by Card issuers from the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.

 

2. CARD ORGANISATION RULES

2.1. Visa rules are available at https://www.visa.co.uk/dam/VCOM/download/about-visa/visa-rules-public.pdf.

2.2. Mastercard rules are available at https://www.mastercard.us/en-us/about-mastercard/what-we-do/rules.html.

2.3. MIR rules are available at https://mironline.ru/banks/rules/.

 

3. PROVISIONS APPLICABLE TO SEPARATE PAYMENT METHODS

3.1. The provisions of this clause 3 shall be applicable in relation to the Payment Methods referred to in clauses 4-19 of these Payment Method Terms of Use.

3.2. The MERCHANT shall sufficiently call attention to and explain the Payment Methods offered and point out to Users in clearly recognisable and easily accessible form – either directly with the choice of the respective Payment Method offered on its Website and/or Application – that the order placed by the Users to remit the purchase price via the respective Payment Method, for goods or services offered, is irrevocable unless the Payment Method permits otherwise.

3.3. The MERCHANT shall not treat individual Payment Methods offered more favourably than other Payment Methods offered, in particular with respect to advertising, marketing or promoting such Payment Methods in a manner that could reasonably be held to unfairly position or disadvantage one Payment Method from another based on the display of marks or other branding. This clause shall not affect the right of the MERCHANT to decide at its sole discretion, which Payment Methods (if any) it chooses to expose within a particular market.

3.4. The MERCHANT warrants that it has implemented a documented complaints and escalation procedure with a User support function contactable by email for User support with regards to the Payment Methods.

3.5. The MERCHANT shall not request any surcharges from Users for Transactions made via the Payment Methods.

3.6. The MERCHANT shall comply with all legal provisions and information relating to distance sales agreements and the products and services of the MERCHANT shall be provided in conjunction with consumer protection laws, if applicable.

3.7. Where applicable to the MERCHANT, it shall process all Transactions with regards to Payment Methods in accordance with the specifications and other technical processing requirements stipulated by ECOMMBX and comply with all and any further general processing requirements of ECOMMBX.

3.8. The MERCHANT shall:

3.8.1. make available the Payment Methods exclusively for products or services that have been delivered or are yet to be delivered on the basis of an actual contractual relationship between the MERCHANT and a User;

3.8.2. make available the Payment Methods in a manner such that it shall not actively exclude individual banks connected to such a Payment Method;

3.8.3. not offer or otherwise make available Payment Methods for any of the categories of businesses and business practices that are listed in clause 3.10.

3.9. The MERCHANT shall not to accept Transactions for goods or services:

3.9.1. that are not provided on the MERCHANT’s own account;

3.9.2. that are not provided within the scope of the normal business operation of the MERCHANT which has been accepted by ECOMMBX;

3.9.3. that are included in the prohibited business category listing (clause 3.10).

3.10. Payment Methods are not permitted to be offered to, used by or otherwise made available to any of the following categories of business:

3.10.1. any goods and services which are illegal as such or for which the promotion, offer or distribution of are illegal or which are offered in connection with illegal, obscene or pornographic content;

3.10.2. any goods and services whose promotion, offer or distribution would infringe copyrights and intellectual property rights as well as other rights of third parties;

3.10.3. any goods and services which are connected to war or terrorism or the glorification thereof;

3.10.4. any material to incite sexual or physical violence against any person;

3.10.5. any material that can be reasonably classified as promoting hate speech or promoting violence against a group of persons based on their race, gender, religion, physical or mental capabilities, or sexuality;

3.10.6. archaeological finds;

3.10.7. drugs, narcotics and psychotropic substances;

3.10.8. goods that are subject to a trade embargo;

3.10.9. media harmful to young people, as far as the particular offer violates Applicable Laws and in particular, legal provisions for the protection of minors;

3.10.10. body parts and mortal remains of humans;

3.10.11. Nazi articles and publications;

3.10.12. protected animal and plant species;

3.10.13. Lotteries promoted over the phone;

3.11. Where applicable to the MERCHANT, it shall ensure that:

3.11.1. any User identification and/or authenticating data that could be used to place orders shall not be stored electronically or written down in another form, except to the extent authorised by the Payment Card Industry Data Security Standard;

3.11.2. during the input of User identification and/or authenticating data that could be used to place orders, third parties are prevented from obtaining such data.

3.12. In the event that the MERCHANT discovers that a third party has attained knowledge of User identification and authenticating data, or misuse is suspected, the MERCHANT shall immediately inform ECOMMBX thereof and where possible ECOMMBX may disable access to the Payment Method until the matter is resolved.

3.13. The MERCHANT warrants that:

3.13.1. it shall not use the Payment Methods for the purposes of, or in any way connected with, money laundering, terrorist financing, fraud or any other financial crime; and

3.13.2. the funds being transferred are not the proceeds of crime.

3.14. Without prejudice to any rights granted to ECOMMBX under the Agreement, if ECOMMBX suspects that the MERCHANT, any of its affiliates, or Users, as applicable, are involved in or connected with money laundering, terrorist financing, fraud or any other financial crime, ECOMMBX shall be entitled to temporarily aggregate funds and withhold the settlement of Transaction аmounts without notification and without stating any reasons.

3.15. Without prejudice to any rights granted to ECOMMBX under the Agreement, ECOMMBX may, in complying with its obligations under The Prevention and Suppression of Money Laundering and Terrorist Financing Law of 2007-2019 as well as the Directive to Credit institutions in Accordance with Article 59(4) of the Prevention and Suppression of Money Laundering Laws of 2007 to 2018 as amended or succeeded from time to time, or ensuring such compliance for any other involved financial institution, request information from the MERCHANT in relation to the MERCHANT’s organisational structure. The MERCHANT shall provide such information without undue delay upon request of ECOMMBX. Should the MERCHANT provide such information to ECOMMBX, it warrants that any information pertaining to shareholders contained therein and the scope of their participation at the commencement date, and afterwards, is complete and accurate and that the shareholders, unless otherwise stated, do not hold their shares as trustees for third parties. Insofar as a shareholder is itself a company or legal entity, the MERCHANT must provide a comprehensive overview of the respective shareholder structure inclusive of the ultimate beneficial owners.

3.16. ECOMMBX‘s responsibility in regard to the remittance of funds is strictly restricted to transferring to the MERCHANT the amount as received from the respective bank, financial institution, Payment Method Provider, Card Organisation or payment scheme subject to any deductions as made in accordance with the Agreement. In no event shall ECOMMBX bear any responsibility or assume any liability towards the MERCHANT with respect to funds that have not been received by ECOMMBX from the respective bank, financial institution, Payment Method Provider, Card Organisation or payment scheme. Under no circumstances shall ECOMMBX be liable for any failure of the respective bank, financial institution, Payment Method Provider, Card Organisation

or payment scheme to effect payment of the settlement amount or for any other act or omission by such entity.

3.17. The MERCHANT shall submit to ECOMMBX in its entirety, such relevant information and documentation concerning the MERCHANT as may be required solely for the purposes of ensuring compliance with these Payment Method Terms of Use, ECOMMBX’s and any involved financial institution’s obligations as regulated financial institutions, including any applicable requirements under anti-money laundering laws and regulations. Any changes in such information concerning the MERCHANT must be reported by the MERCHANT to ECOMMBX in writing without undue delay.

3.18. ECOMMBX shall be entitled to forward all relevant information collected from the MERCHANT to clearing centres, financial institutions, acquirers, payment schemes, Payment Method Providers, Card Organisations, authorised banking partners and credit agencies to the extent reasonably necessary for the provision of the Payment Methods.

3.19. ECOMMBX shall not at any time be held liable for a breach of data security obligations by the MERCHANT, whether known or accidental.

3.20. Unless otherwise agreed by the Parties, ECOMMBX shall be entitled to retain a security deposit (holdback) for certain Payment Methods that carry the risk of a Transaction Dispute. The holdback will be notified to the MERCHANT and ECOMMBX shall be entitled to adjust this holdback at any time notice of which shall be provided to the MERCHANT. Without restricting ECOMMBX’s discretion under this clause, ECOMMBX may take into account, amongst others, the following factors when determining the amount of any holdback:

3.20.1. the MERCHANT ceases its business or a substantial part thereof;

3.20.2. the MERCHANT materially alters the nature of its business;

3.20.3. the business activities of the MERCHANT carry a higher than normal risk of Transactions being charged back or otherwise reversed;

3.20.4. the overall financial standing of the MERCHANT;

3.20.5. the MERCHANT becomes insolvent or is otherwise unable to pay its debts as they fall due;

3.20.6. ECOMMBX, at its sole discretion, has a reasonable belief that the MERCHANT will be unable to perform its obligations under the Agreement;

3.20.7. ECOMMBX receives a frequent number of enquiries from Payment Method Providers, payment schemes, Card Organisations, police or regulatory authorities relating to the business activities of the MERCHANT in connection with actual or suspected fraud or financial crime;

3.20.8. a relevant amount of holdback has been retained or adjusted by an involved financial institution.

3.21. ECOMMBX shall only be responsible for the fulfilment of its settlement obligations relating to Transaction amounts with regards to the Payment Methods, if all of the following prerequisites are met:

3.21.1. the acceptance of a Transaction was made in accordance with all contractual obligations and in compliance with these Payment Method Terms of Use;

3.21.2. the bank, payment scheme or Payment Method of the User has not reversed or otherwise withheld the payment;

3.21.3. the respective Transaction amount has been received by ECOMMBX;

3.21.4. the provisions within clause 3.22 have not been triggered or brought into effect.

3.22. The MERCHANT acknowledges that ECOMMBX shall be entitled to suspend any Payment Method and/or withhold remittance of funds with regards to the Payment Method, if the MERCHANT:

3.22.1. submits for settlement or processing, turnovers that are not exclusively from the MERCHANT’s own business operation, but rather turnovers of third parties;

3.22.2. does not possess the requisite permissions, authorisations, licenses or other official approval necessary for the operation of its business;

3.22.3. does not make reference to its general terms and conditions in a clearly visible manner, including - but not limited to - the law applicable to particular User agreements;

3.22.4. does not reference individual Payment Methods in the manner prescribed by ECOMMBX;

3.22.5. distributes goods or services contrary to these Payment Method Terms of Use;

3.22.6. submits turnovers via URLs other than those accepted by ECOMMBX for the Payment Methods;

3.22.7. commits or Users commit actual fraud or ECOMMBX reasonably suspects that actual fraud has otherwise been committed.

3.23. If ECOMMBX determines at its sole discretion that the reason for the service suspension or withholding has been reasonably resolved, it will proceed with lifting the suspension or the withholding and informing the MERCHANT accordingly.

3.24. In any event where ECOMMBX suspends or withholds funds in accordance with clause 3.22 hereof, ECOMMBX shall notify the MERCHANT in such event unless to do so would be contrary to any Applicable Laws or jeopardise any investigation of fraud.

3.25. Upon termination of a particular Payment Method, the MERCHANT shall remove any links to the Payment Method which had been made available via Services unless the MERCHANT has sourced access to the same via a third party.

 

4. ALIPAY

4.1. Refund possibility: Yes.

4.2. Transaction minimum: NA.

4.3. Transaction maximum: RMB 50,000.00 per day.

4.4. The MERCHANT accepts that Alipay reserves the right to stop the “Express Checkout Service” on their interface, if at any stage unauthorised Transactions exceed Transaction volumes of 20.000 RMB or a rate of 0.001 % of total Transaction volume; or for risk prevention purposes. These limits may be changed by Alipay at any time.

4.5. The MERCHANT agrees that in the event of a complaint by a User of Alipay services concerning the MERCHANT and Alipay deems such complaint to be justified, the MERCHANT will be liable to pay the amount of any fines, expenses or monetary penalty that ECOMMBX may incur as determined by Alipay in its sole discretion, except to the extent where caused due to ECOMMBX.

4.6. The payment method Alipay services may not be used for:

4.6.1. Illegal political audio-visual products and publications, illegal reactionary cards and program channels, state secret documentations and information, other reactionary articles and speeches;

4.6.2. Gambling tools, private lottery, gambling service, lottery ticket, pyramid selling, gold futures, lucky draw, high-risk services;

4.6.3. Drug-taking tools, ammunitions and weapons/firearms and accessories, controlled instruments, crime articles, fireworks and firecrackers, poisonous articles and hazardous chemicals, adult drugs (aphrodisiac);

4.6.4. Credit speculation service (including speculation of Taobao credit rating), credit card cashing service, crowd funding websites, counterfeit currency, bank account Transaction (bank cards), stock, fund, insurance, insurance platform, periodical investment of gold, bank financial products, cashback services, single-purpose prepaid cards, securities, illegal fund-raising, foreign exchange services, virtual currency in foreign accounts, receipts (invoices), Bitcoin, Litecoin, YBcoin and other virtual currency transactions, MCard etc., Auction, Pawn, payment institutions, circulating RMB, foreign currency;

4.6.5. Fetal gender diagnosis, human organs, surrogacy services, examination services, medical devices, contact lens;

4.6.6. Hacking-related, malware, other software services which jeopardise Alibaba and the subsidiaries of Alibaba, video chatting services, religious websites, online cemetery and worshipping and other services, computer privacy information monitoring, satellite antenna etc., spying instruments, other personal privacy-harming articles or services, ID card information and other information which infringe other’s privacy, certificate issuing and stamp carving;

4.6.7. Foreign-related matchmaking service, items and services in violation of relevant state regulations, poor quality (fake) food, tobacco, crude oil, charity, smuggled articles, special provisions for specific period of time (e.g. the Olympic Games), cultural relics, luxury goods, auto sales and rental service.

4.7. ECOMMBX will notify the MERCHANT via email of any new Transaction Dispute (including complaints and chargebacks) cases, and give the MERCHANT an opportunity to respond to the case as described below in clause 4.8. Cases which are not able to be resolved in favour of the MERCHANT will be debited via a chargeback event.

4.8. Dispute process:

4.8.1. When an Alipay User initiates a Transaction Dispute with Alipay, ECOMMBX will send an email to the MERCHANT with the relevant Transaction information, reason for the Transaction Dispute and the request (the “Request”) that the MERCHANT can make a refund to the Alipay User and/or take other actions requested by ECOMMBX (“Remedial Actions”) to address the Transaction Dispute with the MERCHANT. ECOMMBX will share such requests with the MERCHANT via e-mail.

4.8.2. The MERCHANT shall respond within seven (7) calendar days (the “MERCHANT’s Response Deadline”) from the date the Request is sent.

4.8.3. If ECOMMBX receives the MERCHANT’s response and determines, based on a reasonable person standard, that such response constitutes sufficient ground to deny the Request, ECOMMBX will forward Alipay the MERCHANT’s Response via return of email within three (3) calendar days from the date the MERCHANT sends ECOMMBX the response (the “MERCHANT’s Response Date”).

4.8.4. If ECOMMBX receives the MERCHANT’s Response and determines, based on a reasonable person standard, such response does not constitute sufficient ground to deny the Request or the MERCHANT accepts the Request, ECOMMBX will either (x) instruct the MERCHANT to fully implement the Request by initiating a refund to the Alipay User and taking Remedial Actions within three (3) calendar days from the MERCHANT’s Response Date or (y) fully implement the Request itself by initiating the refund to the Alipay User and take Remedial Actions directly within five (5) calendar days from the MERCHANT’s Response Date.

4.8.5. If ECOMMBX does not receive any response from the MERCHANT by the MERCHANT’s Response Deadline, ECOMMBX will fully implement the Request by initiating a refund by itself to the relevant Alipay User and take Remedial Actions within three (3) calendar days from the MERCHANT’s Response Deadline.

4.8.6. If Alipay receives the MERCHANT’s response denying the Request and determines, based on a reasonable person standard, that such response constitutes sufficient ground to deny the Transaction Dispute, Alipay shall close the Transaction Dispute in favour of the MERCHANT.

4.8.7. If (i) Alipay receives the MERCHANT’s response denying the Request but determines, based on a reasonable person standard, such response does not constitute sufficient ground to deny the Transaction Dispute, (ii) the MERCHANT does not implement the Request even though it should do so or (iii) ECOMMBX does not receive the MERCHANT’s response within the MERCHANT’s Response Deadline, ECOMMBX shall notify the MERCHANT of Alipay’s decision (“Alipay Decision”) whether (x) the Transaction Dispute is legitimate, (y) a refund should be made to the User and (z) any Remedial Actions should be taken.

4.8.8. ECOMMBX will fully implement the Alipay Decision by initiating a refund and taking Remedial Actions within three (3) calendar days from the date Alipay Decision is sent.

 

5. BANCONTACT

5.1. Refund possibility: Yes

5.2. Transaction minimum: EUR 1.00 per Transaction

5.3. Transaction maximum: NA

5.4. The MERCHANT is aware that the execution of the transfer as well as the possibility of a User to cancel or revoke a transfer are contingent upon the then current terms and conditions of the respective User’s bank.

5.5. The MERCHANT acknowledges that although Bancontact payment Transactions can be executed from User accounts established with most banks in Belgium, there is no guarantee that a User will be able to make an online bank transfer from every bank account in Belgium using Bancontact.

 

6. BOLETO BANCARIO

6.1. Refund possibility: NA

6.2. Transaction minimum: USD 2.50 per Transaction

6.3. Transaction maximum: USD 2,500.00/day/shopper; USD 10,000.00/month/shopper

 

7. CHINA UNION PAY

7.1. Refund possibility: Yes

7.2. Transaction minimum: MYR 1.00 per Transaction

7.3. Transaction maximum: MYR 5000.00 per Transaction

7.4. Specific prohibited goods and services: a) Firearms / weapons, ammunition, fireworks and hazardous materials; b) Drugs, drug paraphernalia and drug test circumvention aids, Miracle Cures; c) Currency and FOREX, gold bar, investment scheme, any activity associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, payment aggregator, any activity associated with the sale of traveller’s checks or money orders, check cashing business, provide certain credit repair or debt settlement services, credit transactions or insurance activities; d) Pornography and adult content, escort services, sexually oriented materials or services, items that are considered obscene; e) Gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; f) Involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent, items encouraging illegal activity, pyramid or Ponzi scheme, matrix program and other "get rich quick" schemes, stolen goods including digital and virtual goods; g) Tobacco, alcohol, materials containing offensive content; h) Counterfeit and replica goods, items or downloads infringe or violate copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, file sharing services, unlicensed multi-level marketing, time-sharing, telemarketing.

7.5. The MERCHANT agrees to not perform or fail to perform any act that violates federal, state/provincial, or local law in its respective place of incorporation, including, but not limited to, applicable anti-money laundering and anti-terrorism financing laws. MERCHANT agrees to accept reasonable instructions issued by China Union Pay in relation to the national laws of Malaysia, that China Union Pay may reasonably apply to foreign financial institutions carrying on payment acceptance activities in Malaysia. Notwithstanding the above, should the MERCHANT not be able to comply with those reasonable instructions provided by China Union Pay, ECOMMBX retains the right to terminate the Agreement immediately.

7.6. The MERCHANT must ensure that the brand name and logo or any other marketing or publicity materials that may be provided to the MERCHANT on behalf of China Union Pay are prominently displayed, on their Website and/or Application as applicable.

7.7. The MERCHANT is responsible for notifying the User regarding the fact that the User’s statement will display “MOLPay”, “MOLP”, “MOLPay EC” or “NetBuilder EC” for the charges associated with China Union Pay instead of the MERCHANT‘s trading name.

7.8. The MERCHANT must retain copies of all Transaction receipts for a minimum period of six (6) months. The MERCHANT shall provide copies of those receipts to ECOMMBX within five (5) Working Days of receiving such request.

7.9. The MERCHANT must contact the User by email or telephone in the event China Union Pay reasonably suspects a transaction may be fraudulent and notifies ECOMMBX thereof requesting that the MERCHANT investigate the particular transaction. As part of such investigation, China Union Pay may request that the MERCHANT provides identification details regarding the User. However, the MERCHANT shall only be required to provide such information at its own discretion and in accordance with applicable data protection laws.

7.10. The MERCHANT must include on its Website and/or Application a full description of the MERCHANT’s trading name, address, telephone number and URL, as well as accurately describe what goods and services are being offered for sale, the price, the action which must be taken to make a purchase, the point at which a sale is completed, and details of delivery, shipping, returns and refund policies.

7.11. The MERCHANT must resolve any claims or complaints in respect of any purchase of goods, products or services made using China Union Pay, directly with the User. There shall be no right of recourse against China Union Pay in the event the User disputes the underlying contract of sale of such Transaction, for any reasons whatsoever, including without limitation, the quality, overcharging or late delivery of the good, product or service.

7.12. At no stage whatsoever will China Union Pay establish any form of communication with the MERCHANT other than through ECOMMBX.

7.13. Acceptance of Transactions shall not in any way be binding to China Union Pay or ECOMMBX as to the validity of any Transaction or Transaction receipts. China Union Pay shall not honour any Transactions which in the opinion of China Union Pay are not genuine, in which case China Union Pay shall notify ECOMMBX and/or the relevant MERCHANT without delay.

7.14. If the amount of the MERCHANT’s Transaction Disputes (including chargebacks) may at ECOMMBXs reasonable determination cause it to reach its Transaction Dispute Thresholds set by China Union Pay, ECOMMBX shall send a notification to the MERCHANT. ECOMMBX will liaise with the MERCHANT in order to apply measures to the Website and/or Application, limits and velocity checks in order to reduce the level of chargebacks. If the level of chargebacks exceeds this percentage for 3 consecutive months, MID closure for the affected MERCHANT account might apply. Prior notification will be provided to the MERCHANT. Note: This is an extreme situation and normally applying measures and reducing the level will keep the account in good standing.

7.15. ECOMMBX will notify the MERCHANT via email of any new chargeback cases, and give the MERCHANT an opportunity to respond to the case as described below in clause 7.16. Cases which are not able to be resolved in favour of the MERCHANT will be debited via a chargeback event.

7.16. To dispute a chargeback after the notification is sent, the MERCHANT must send to ECOMMBX the following information within 10 Working Days:

Amount and date of the Transaction;

Detailed description of goods or services ordered;

Delivery confirmation;

Tracking number;

Proof of service activation;

Proof of User and order details (full name, billing/delivery address etc.);

Proof of User acceptance of services/goods.

 

8. EPS

8.1. Refund possibility: Yes

8.2. Transaction minimum: EUR 1.00 per Transaction

8.3. Transaction maximum: NA

8.4. The MERCHANT is obliged, where applicable, to strictly comply with the relevant provisions of the Austrian Gaming Act and shall only accept or transfer funds for games of chance if this is legally permitted under the laws of Austria. The MERCHANT acknowledges and confirms that it is aware that any violation of provision of these Payment Method Terms of Use may be subject to fines by the respective Austrian authorities for which the MERCHANT shall remain solely liable for at all times.

8.5. Should claims be asserted against ECOMMBX by third parties due to the infringement or non-compliance of the Payment Method Terms of Use by the MERCHANT, the MERCHANT indemnifies ECOMMBX from all associated fines, costs, damages and compensation payments and if so requested by ECOMMBX will intervene and substitute itself in place of ECOMMBX in any proceedings that may be brought against ECOMMBX.

 

9. ESTONIAN ONLINE BANK TRANSFER

9.1. Refund possibility: Yes

9.2. Transaction minimum: EUR 1.00 per Transaction

9.3. Transaction maximum: NA

9.4. Specific prohibited goods and services: Tobacco products; alcohol; prescription medicine; drug substances and drug attributes; weapons; unlicensed lottery and gambling; illegal software or other services which violate rights to intellectual property; other items/products/services prohibited by law; other items/products/services, without the licenses or permissions required by the legislation of the respective country.

 

10. GIROPAY

10.1. Refund possibility: Yes.

10.2. Transaction minimum: EUR 1.00 per Transaction.

10.3. Transaction maximum: NA.

10.4. Specific prohibited goods and services: payment instruments (cash, savings or e-money, currencies including virtual currencies such as bitcoins, as well as checks) as far as the recipient of the payment instrument can’t be identified by the acquirer or MERCHANT, except vouchers or stored value products.

10.5. Payment guarantees passed on by ECOMMBX in the scope of the giropay Payment Method are in each case limited to an amount of EUR 10,000.00 per Transaction, even if the Transaction executed is for a higher amount.

10.6. The MERCHANT shall report any events that require reliance on the giropay guarantee to ECOMMBX without delay.

10.7. The MERCHANT’s claims resulting from the giropay payment guarantee expire 6 weeks after receipt of a positive bank transfer confirmation unless the MERCHANT reported the claim from the payment guarantee to ECOMMBX in writing without delay before this date.

10.8. After selecting giropay as the Payment Method it is prohibited to request the User’s data, in particular personal data such as IBAN or names within the particular Transaction initiation.

10.9. The MERCHANT shall adhere to the instructions of ECOMMBX in relation to the “giropay” logo use.

 

11. IDEAL

11.1. Refund possibility: Yes.

11.2. Transaction minimum: NA.

11.3. Transaction maximum: NA.

11.4. Should it become apparent to ECOMMBX that the MERCHANT is not complying with relevant laws and regulations concerning the activities it undertakes, any access to the iDEAL Payment Method may be immediately terminated by ECOMMBX with immediate effect.

11.5. The MERCHANT shall ensure that an effective complaints procedure is provided to Users, under which the MERCHANT can be easily contacted by e-mail and one other means of direct contact (such as a telephone number, chat box, or other medium). The MERCHANT must make the information about the complaints procedure easily available to Users, and make it easy for Users to find on the respective Website and/or Application.

11.6. It is not permitted to offer the iDEAL Payment Method via e-mail link services unless the MERCHANT obtains the prior written permission of ECOMMBX.

11.7. The MERCHANT must cooperate with requests for information in specific situations that require further investigation in relation to the iDEAL Payment Method as may be notified by ECOMMBX to the MERCHANT from time to time.

11.8. In the event of a breach of contract or fraud (actual or suspected) by the MERCHANT, ECOMMBX may be obliged to take specific emergency measures including but not limited to termination of iDEAL Services with immediate effect.

11.9. The MERCHANT is not permitted to remove any issuers from the issuer list.

11.10. Where at ECOMMBX’s sole discretion the MERCHANT is deemed to be high risk, ECOMMBX reserves the right to request the MERCHANT to implement a User registration process to record at least the following data concerning the User:

11.10.1. Name and e-mail address;

11.10.2. Account number and name for the bank account number which is being used to make purchases via the iDEAL Payment Method;

11.10.3. Additional information for verification in step 2 and the monitoring of Transactions, for example: i. IP address; ii. Browser fingerprint; iii. Mobile number.

11.11. The MERCHANT shall adhere to the instructions of ECOMMBX in relation to the “iDEAL” logo use.

 

12. LATVIAN ONLINE BANK TRANSFER

12.1. Refund possibility: Yes

12.2. Transaction minimum: EUR 1.00 per Transaction

12.3. Transaction maximum: NA

12.4. Specific prohibited goods and services: Tobacco products; alcohol; prescription medicine; drug substances and drug attributes; weapons; unlicensed lottery and gambling; illegal software or other services which violate rights to intellectual property; other items/products/services prohibited by law; other items/products/services, without the licenses or permissions required by the legislation of the respective country.

 

13. LITHUANIAN ONLINE BANK TRANSFER

13.1. Refund possibility: Yes

13.2. Transaction minimum: EUR 1.00 per Transaction

13.3. Transaction maximum: NA

13.4. Specific prohibited goods and services: Tobacco products; alcohol; prescription medicine; drug substances and drug attributes; weapons; unlicensed lottery and gambling; illegal software or other services which violate rights to intellectual property; other items/products/services prohibited by law; other items/products/services, without the licenses or permissions required by the legislation of the respective country.

 

14. MULTIBANCO

14.1. Refund possibility: NA

14.2. Transaction minimum: NA

14.3. Transaction maximum: EUR 99,999.99 per Transaction

 

15. PRZELEWY24 (P24)

15.1. Refund possibility: Yes.

15.2. Transaction minimum: PLN 0.05 per Transaction.

15.3. Transaction maximum: NA.

15.4. In relation to User complaints, the MERCHANT is obliged to ensure the following details are collected from the User:

15.4.1. E-mail address;

15.4.2. Transaction number;

15.4.3. Transaction amount;

15.4.4. Full name of the holder of the originating bank account from which the Transaction amount was to be transferred;

15.4.5. Name of the bank that holds the account from which the Transaction amount was to be transferred or to which the Transaction was transferred to as applicable;

15.4.6. Transaction date; and

15.4.7. In the case of payment from a Card: the name of the Card;

15.4.8. In the case of an SMS payment: the User’s mobile telephone number.

15.5. Any complaints pertaining to Transactions made 90 or more days prior to such complaint may be refused for review by Przelewy24.

 

16. BLIK

• 16.1. Refund possibility: Yes

• 16.2. Transaction minimum: PLN 0.01 per Transaction

• 16.3. Transaction maximum PLN 10,000 per Transaction

• 16.4. BLIK is a bank transfer Payment Method where the MERCHANT receives a real time confirmation of the Transaction.

• 16.5. The MERCHANT, if applicable, must prominently display on their website or device as applicable, the BLIK name or trademarks in a manner consistent with the BLIK Brand Book in accordance with ECOMMBX instructions.

• 16.6. The MERCHANT is aware that BLIK has an established complaints process for complaints raised and that failure to comply with the timelines and requirements to provide information/documents can result in liability and fees. The complaints process is as follows:

• (a) Complaints or other reports registered with BLIK shall be examined by it and any further exploratory actions aimed at examining the complaint undertaken.

• (b) BLIK will charge a complaint handling fee, that shall be payable by the MERCHANT, if BLIK determines at its sole discretion that the MERCHANT has caused the occurrence of the event that served as the basis for the complaint to be lodged.

• (c) BLIK will notify ECOMMBX of the outcome of the complaint examination procedure. Where the MERCHANT has caused occurrence of the event that served the basis for the complaint the MERCHANT shall be liable for the claimed amount.

• (d) In case additional information is necessary, BLIK reserves the right to request the relevant Party to send the required details to BLIK via ECOMMBX.

• (e) The MERCHANT is obliged to provide ECOMMBX, which shall provide it to BLIK, with all available materials required to process a complaint inquiry within a period of time not exceeding of the deadline set out in the notification from ECOMMBX indicating such a necessity. In the case when the Party is not able to send the required materials within the said deadline for reasons beyond their control, it is required to notify ECOMMBX of the occurrence of such a situation as soon as possible.

• (f) A delayed delivery of documents or the failure to provide them by the MERCHANT may result in a settlement of the complaint against the MERCHANT.

• (g) In the case of the complaint lodged by a User in respect of a specific transaction, an unconditional refund of the amount of such a transaction shall be issued for the benefit of the bank of the User that authorised that transaction, unless the bank of the User carried out the authorisation in relation to a given transaction, including the confirmation of that transaction by the User.

• (h) The refund of the amount as referred to in the preceding clause is conducted by means of revocation of the transaction by BLIK.

 

17. SOFORT BANKING/SOFORT ÜBERWEISUNG

17.1. Refund possibility: Yes.

17.2. Transaction minimum: EUR 1.00 per Transaction.

17.3. Transaction maximum: NA.

 

18. WECHAT PAY

18.1. Refund possibility: Yes.

18.2. Transaction minimum: RMB 0.10 per Transaction.

18.3. Transaction maximum: USD 10,000.00/Transaction, USD 20,000.00/day/User, USD 50,000.00/year/User.

18.4. The MERCHANT shall not charge Users any additional fee or provide lower service when the User uses WeChat Pay as Payment Method.

18.5. The MERCHANT shall not, in any manner, collect, store or use Users’ data, except as necessary to provide the related service, otherwise, the MERCHANT shall be liable for all losses incurred by WeChat Pay and/or Users.

18.6. In the event that WeChat Pay or any User suffers any loss arising from the circumstances in the course of a Transaction, including but not limited to fraud, denial of transaction, chargeback, account information leakage, violation of applicable state laws, rules and regulations, breach of commitments to User, the MERCHANT shall be responsible for such claims, except to the extent where such claims have arisen due to ECOMMBX. In the event that the MERCHANT deliberately delays in resolving these claims, ECOMMBX shall be entitled at its own reasonable discretion to debit directly an amount equivalent to the loss from the accrued funds.

18.7. In case a User requests a refund directly from WeChat Pay for a payment that is not yet settled with the MERCHANT, the MERCHANT must respond within one (1) Working Day after being contacted by ECOMMBX to clarify the issue, otherwise ECOMMBX may refund the Transaction to the User. In all other cases, the MERCHANT shall respond to any inquiries within two (2) Working Days.

18.8. The MERCHANT is aware that refunds for Transactions made by using WeChat Pay shall only be refunded by utilising WeChat Pay, otherwise the resulting risks and disputes will be borne by the MERCHANT.

18.9. The MERCHANT is fully aware that WeChat Pay will terminate the service and that the MERCHANT must assume liability in cases where the MERCHANT: (a) operates in violation of the relevant rules and refuses to make corrections after being requested to do so; (b) commits any act that harms the interest of WeChat Pay; or (c) is involved in risk events or abnormal Transactions, in WeChat Pay’s reasonable discretion.

18.10. WeChat Pay may only be used for the following goods and services:

18.10.1. Apparel/Accessories/Bags;

18.10.2. Gift/Flowers/Souvenir;

18.10.3. Outdoor/Sport/Fitness equipment/Security and protection;

18.10.4. Musical instrument;

18.10.5. Watch/Clock/Glasses/Cosmetic lenses;

18.10.6. Jewellery/Accessories;

18.10.7. Home furnishing/Construction materials/Decoration/Fabrics;

18.10.8. Food;

18.10.9. Health care products/Supplements;

18.10.10. Household appliances;

18.10.11. Personal care & contraception product;

18.10.12. Beauty makeup/Skin care/Personal care;

18.10.13. Crafts/Potting/Interior decoration;

18.10.14. Car/Motorcycle/Bicycle/Accessories/Refitted vehicle;

18.10.15. Digital product;

18.10.16. Office equipment;

18.10.17. Maternal and baby products/Children’s toys;

18.10.18. Maternal and Child (online) stores;

18.10.19. Book/Audio/Stationery;

18.10.20. Pet food.

18.11. The MERCHANT shall display the “WeChat Pay” logo – and only the logo - on its official Website and/or Application. Usage of the “WeChat Pay” logo or any related business logos and trademarks for any other purposes is not permitted. The MERCHANT shall adhere to the instructions of ECOMMBX in relation to the “WeChat Pay” logo use.

 

19. SAFETY PAY

19.1. Refund possibility: Yes.

19.2. Transaction minimum: NA, except as specified in clause 19.5.

19.3. Transaction maximum: NA, except as specified in clause 19.5.

19.4. Specific prohibited goods and services: bootleg recordings; counterfeit items; embargoed goods; illegal drugs and paraphernalia; offensive, racially or culturally insensitive material; adult content, materials, and/or services, including, but not limited to adult books and videos, adult telephone conversations, adult websites, companion/ escort services, dating services (sexually oriented), mail order brides, miscellaneous adult entertainment; cash; damages, losses, penalties, or fines of any kind; costs or fees over the normal price of the MERCHANT’s goods or services (applicable taxes) or charges that have not been specifically approved; overdue amounts, or amounts covering returned or stop-payment checks; sales made by third parties or entities that have not directly contracted with SafetyPay; amounts that do not represent bona fide sales of goods and services by MERCHANT’s business (e.g., purchases by MERCHANT’s owners (or their family members) or employees); illegal business transaction; money laundering or the financing of terrorist activities.

19.5. Transaction limits might apply for the following countries:

19.5.1. Brazil: BRL 2,000 – unlimited;

19.5.2. Mexico: maximum Transaction amount MXN 9,999.

 

20. TRUSTLY

20.1. The MERCHANT acknowledges that it is aware that the funds are transferred via general clearing systems, meaning in exceptional cases it might take up to three (3) Working Days before (a) funds from Users are settled with TRUSTLY and (b) settlements ordered by ECOMMBX to its account are settled from TRUSTLY to such ECOMMBX’s account.

20.2. The MERCHANT acknowledges that the availability and functionality of the TRUSTLY Payment Method is significantly dependent on the full functionality of third-party systems, primarily those of the banks, and that ECOMMBX and TRUSTLY do not, and cannot, guarantee the functionality of the TRUSTLY Payment Method in the event of failures, malfunctions or adjustments within such third-party systems or lost access thereto and that ECOMMBX and TRUSTLY does not assume liability in case of the MERCHANT suffering damage due to non-functionality of such third-party systems.

20.3. The MERCHANT shall comply with any instructions given by ECOMMBX relating to the use or function of the TRUSTLY Payment Method. TRUSTLY may from time to time change or update the TRUSTLY Payment Method or the software (including but not limited to enabling additional countries or new features of existing products) where such changes or updates are required (a) in order for the system to function in a professional and workman-like manner consistent with industry standards reasonably applied for similar services, (b) to avoid and/or remedy critical or recurring errors in the TRUSTLY Payment Method, (c) to comply with any applicable law, or (d) to avoid and/or remedy threatened or actual infringement of a third party’s intellectual property rights. Should such changes or updates require any actions of the MERCHANT, ECOMMBX will provide the MERCHANT with notice to that effect. The MERCHANT shall implement and execute such changes or updates, (i) use its best efforts to execute the updates mentioned under (a) above; and (ii) immediately and no later than within 10 calendar days with respect to changes in (b)-(d) above.

20.4. The MERCHANT is obliged to expose TRUSTLY logotype(s)/trademark(s) in an appealing and appropriate manner in the business of the MERCHANT and in accordance with the from time to time applicable service presentation requirements as set out at https://developers.ecommpay.com/. ECOMMBX will inform the MERCHANT of any material changes in the service presentation requirements and the MERCHANT shall adhere to the altered requirements within sixty (60) days from notice. The MERCHANT will only use TRUSTLY’s logos, trademarks and other intellectual property rights only with regard the purpose and terms of the Agreement and in accordance with instructions of ECOMMBX.

20.5. The MERCHANT shall treat the logotype(s)/trademark(s) of TRUSTLY at least equally with other online banking Payment Methods offered by the MERCHANT on its webpage and/or in the MERCHANT’s promotion and advertising materials. In particular, the MERCHANT shall ensure that TRUSTLY position and size of TRUSTLY logotype(s)/ trademark(s) and select buttons is at least substantially similar to those of other online banking Payment Methods available through the MERCHANT.

20.6. The MERCHANT is obliged to remove TRUSTLY ’s logotype(s)/trademark(s), if ECOMMBX ceases the provision of the TRUSTLY Payment Method to the MERCHANT or upon ECOMMBX’s request.

20.7. Where the MERCHANT makes use of the TRUSTLY Direct Debit Payment Method, the MERCHANT:

20.7.1. warrants that it has installed relevant and sufficient security features to ensure that the MERCHANT is able to identify a User, for which payment shall be made via TRUSTLY Direct Debit;

20.7.2. acknowledges that (a) TRUSTLY has the right (and is obliged) to send funds back to a User claiming such right under the rules for direct debit scheme (Sw. Autogiro or SEPA Direct Debit); (b) funds subject to such claim will be deducted from the funds at the client fund account and sent back to the User, without prior notice; (c) TRUSTLY has the right to reserve client funds from the client funds account as lien for the potential obligation on TRUSTLY to transfer funds back to Users; (d) funds, as from time to time is reserved under this clause, will not be available for settlement.

20.7.3. acknowledges that TRUSTLY has the right to decline a User from registering a mandate as well as the right to refuse single Transactions, where TRUSTLY deems this necessary for anti-money laundering, compliance and/or risk related reasons;

20.7.4. shall, upon request by ECOMMBX, send data relating to the Users to ECOMMBX, which will be sent to TRUSTLY, in order for TRUSTLY to adhere to applicable legislation;

20.7.5. acknowledges that TRUSTLY does not assume any liability for any losses or damages that the MERCHANT may incur as a consequence of revoked or failed payments (for instance where funds has not been available on the User’s bank account at the time of deduction), chargebacks, funds being sent back to User in accordance with applicable rules for direct debit (Sw. Autogiro or SEPA Direct Debit), fraudulent, illicit or abusive use of TRUSTLY Direct Debit; the MERCHANT consequently bears the risk that funds are not deducted from the User’s bank account due to any (or similar) of the aforementioned circumstances; TRUSTLY is not liable for losses or damages incurred by the MERCHANT by an event outside the TRUSTLY’s control, including but not limited to decisions or actions by a third party such as a court, authority or bank; and

20.7.6. acknowledges that TRUSTLY is dependent on third party systems for providing TRUSTLY Direct Debit, and that lost access to such systems will not constitute any failure to provide the TRUSTLY Direct Debit service.

 

21. SKRILL

21.1. The MERCHANT agrees to comply with the terms of use of SKRILL, including Account Terms of Use, Merchant Terms and Conditions, identification and security policies and procedures and any other applicable documents of SKRILL as updated and supplied from time to time (the “SKRILL Terms of Use”). The SKRILL Terms of use are available online via www.skrill.com. The SKRILL Payment Method shall be operated strictly in accordance with the SKRILL Terms of Use.

21.2. The MERCHANT will at all times comply with all Applicable Laws and will not receive or transfer funds, or use SKRILL Payment Method in connection with any illegal, fraudulent or deceptive activity, including without limitation, for money laundering or terrorist financing. The MERCHANT shall not do anything that might reasonably be deemed by ECOMMBX and/or SKRILL to bring it or the SKRILL Payment Method into disrepute, including acting fraudulently in relation to the SKRILL Payment Method.

21.3. The MERCHANT will clearly display the “SKRILL” logo at its Website or Application checkout so as to notify the Users that they may make a payment from their account held with SKRILL (the “User Account”). Display, distribution or any other use of the intellectual property of SKRILL, including, but not limited to, its logo, shall be immediately stopped by the MERCHANT after receipt of such request from ECOMMBX and/or SKRILL.

21.4. The MERCHANT agrees that SKRILL or its licensors own all right, title and interest, including without limitation all copyright, trademark and other intellectual property rights, in and to the SKRILL Payment Method and all components used in the provision thereof, including without limitation, all software, business methods, business processes, website designs, graphics, text, content, API instructions of SKRILL, trade names, trade secrets and know-how, and all documentation in relation to the foregoing, used in the provision of the SKRILL Payment Method. The MERCHANT will only use SKRILL’s logos, trademarks and other intellectual property rights only with regard the purpose and terms of the Agreement and in accordance with instructions of ECOMMBX and/or SKRILL.

21.5. The MERCHANT agrees to co-operate with ECOMMBX and/or SKRILL and any enquiries or investigation by ECOMMBX and/or SKRILL, its agents or its regulatory authorities and/or other authorities, including cooperation to investigate any suspected illegal or fraudulent activity and to provide ECOMMBX and/or SKRILL with information on the User’s Transactions with the MERCHANT, accurate and complete information and documents requested for the prevention of money laundering and countering the financing of terrorism, both current and historic, provide access to premises, make staff available for interview.

21.6. The MERCHANT agrees that it will not charge (or recharge) the Users any processing fee, markup, surcharge or other fee for purchasing the MERCHANT’s goods or services from the User Accounts and/or for transferring funds from the MERCHANT to such User Account, using the SKRILL Payment Method.

21.7. The MERCHANT acknowledges that any sub-licensed intellectual property rights by ECOMMBX to the MERCHANT, shall be used only with regard the purpose and terms of the Agreement and shall not be sub-licensed by the MERCHANT to any third parties.

21.8. The MERCHANT acknowledges that ECOMMBX and/or SKRILL does not act as a buyer or seller of goods or services bought or sold by MERCHANT, using the SKRILL Payment Method. In case of any dispute with a third party regarding any product or service purchased or sold by the MERCHANT, using the SKRILL Payment Method, SKRILL shall not be a party to any such dispute.

21.9. The MERCHANT agrees that it will do such things or omit to do such things as are required by ECOMMBX and/or SKRILL and are necessary to fulfil ECOMMBX’S obligations, representations and warranties against SKRILL.

21.10. The MERCHANT shall provide the Users with a clear and fair return and refund policy. Upon request, the MERCHANT shall provide to ECOMMBX and/or SKRILL copies of such return and refund policies and shall notify ECOMMBX of any subsequent change to such policies.

21.11. Without prejudice to payments prohibited under the Agreement and SKRILL’s Terms of Use, the MERCHANT shall not use the SKRILL Payment Method for sale of tobacco products, prescription or non-prescription drugs, pornographic content or services, illegal downloads, illegal gambling or goods or services infringing intellectual property rights of a third party, or for any other goods or services the offering or provision of which is illegal under the Applicable Laws.

21.12. The MERCHANT agrees that in case of transfer of funds of the User via the SKRILL Payment Method, any transfer back to that User, up to the amount of the initial transfer of that User’s funds, will only be made using the SKRILL Payment Method and through no other payment method.

21.13. Where a surcharge is set out for SKRILL Transactions in the Service Order, the surcharge shall be applied to SKRILL Pay-in Transactions of Users from the following countries: Albania, Argentina, Armenia, Azerbaijan, Bangladesh, Belarus, Bosnia Herzegovina, Brazil, Bulgaria, Cambodia, Chile, China, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Egypt, Estonia, Georgia, Greece, Hungary, Iceland, India, Indonesia, Israel, Japan, Kazakhstan, Kenya, Korea (South), Kuwait, Latvia, Lithuania, Macedonia, Malaysia, Mexico, Moldova, Montenegro, Nigeria, Oman, Pakistan, Peru, Philippines, Romania, Russia, Saudi Arabia, Serbia, Seychelles, Slovenia, South Africa, Sri Lanka, Taiwan, Thailand, Tunisia, Turkey, Ukraine, United Arab Emirates, Uruguay, Venezuela and Vietnam.

 

22. NETELLER

22.1. Where a surcharge is set out for Neteller Transactions in the Service Order, the surcharge shall be applied to Neteller (i) Pay-in Transactions of Users from the following countries: Albania, Argentina, Armenia, Azerbaijan, Bangladesh, Belarus, Bosnia-Herzegovina, Brazil, Bulgaria, Cambodia, Chile, China, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Egypt, Estonia, Georgia, Greece, Hungary, Iceland, India, Indonesia, Israel, Japan, Kazakhstan, Kenya, Korea (South), Kuwait, Latvia, Lithuania, Macedonia, Malaysia, Mexico, Moldova, Montenegro, Nigeria, Oman, Pakistan, Peru, Philippines, Romania, Russia, Saudi Arabia, Serbia, Seychelles, Slovenia, South Africa, Sri Lanka, Taiwan, Thailand, Tunisia, Turkey, Ukraine, United Arab Emirates, Uruguay, Venezuela and Vietnam, and (ii) Pay-out Transactions to Users from Taiwan.

 

23. APPLE PAY

23.1. Apple Pay services are provided to the MERCHANT in accordance with the Service Order as additional feature of the Card Acquiring Services.

23.2. The MERCHANT agrees to comply with the terms of use of Apple Pay, including Terms and Conditions of Apple Pay available online via https://developer.apple.com/terms/apple-pay-web/ and Apple Pay Best Practice Guide available via https://ecommpay.com/files/partners/applepay-best-practices-guide.pdf and any other applicable documents of Apple Pay as updated and supplied from time to time (the “Apple Pay Terms of Use”). The Apple Pay services shall be integrated into the MERCHANT’s Website/Application and shall be operated strictly in accordance with the Apple Pay Terms of Use.

23.3. The MERCHANT agrees that ECOMMBX forwards all relevant information collected from the MERCHANT to Apple Pay, to the extent reasonably necessary for the provision and improvement of the Apple Pay services.

23.4. The MERCHANT acknowledges that Apple Pay may at any time and without prior written notice make any modifications or updates to its services or the software as stated in the Apple Pay Terms of Use.

23.5. The MERHCANT acknowledges that in addition to any applicable terms and conditions under the Agreement, access to the Apple Pay services may be immediately disabled if the average chargeback rate (excluding adjustments and merchandise returns) exceeds 2% (two percent) over a 30 (thirty) day moving period.

 

24. PAYPAL

24.1. The MERCHANT shall enter into a payment processing agreement directly with PayPal.

24.2. The MERCHANT shall ensure that PayPal services are treated with a level of prominence that is equal to or greater than any other payment method offered or supported. For clarification, the MERCHANT shall place PayPal logos and selection buttons in a manner that ensures their prominence is equal to or greater than all other alternative method(s) of payment.

24.3. The MERCHANT agrees to provide PayPal with Preferred Placement (as defined herein) as the default solution in the MERCHANT’s consumer checkout flow where available, except if it contradicts with other agreements concluded between the MERCHANT and third parties and/or any guidance, opinions, rules or requirements issued by any Regulator in any relevant jurisdiction which are applicable to Partner. “Preferred Placement” means PayPal being presented first among the options displayed for the digital wallet. In a vertically aligned list of options, the first option is the topmost. In a horizontally aligned list of options, the first option is the leftmost. Furthermore, in a horizontally aligned list, Partner agrees that there will be visible separation between PayPal products and the next digital wallet, if present.

24.4. The MERCHANT agrees to update the MERCHANT’s payment wallets settings to (i) enable PayPal checkout as the default payment wallet; and (ii) provide Preferred Placement, globally, for the PayPal Services compared to other payment wallets; and (iii) clearly differentiate between the PayPal Services and other payment wallets.

 

25. OPEN BANKING

25.1. OPEN BANKING is a Payment Method whereby the Payment Method Provider provides a payment initiation service to the User who initiates a credit transfer to the MERCHANT’s Settlement Account or to ECOMMBX, as the MERCHANT elects. Where the Parties have not agreed that ECOMMBX receives the funds from the Users’ credit transfers, the credit transfers shall be executed directly to the MERCHANT’s Settlement Account.

25.2. ECOMMBX undertakes to (i) provide the MERCHANT’s Settlement Account details to the Payment Method Provider, where a direct transfer to the MERCHANT from the User takes place, and (ii) pass on to the MERCHANT the information from the Payment Method Provider whether Transactions have been successfully initiated. The MERCHANT acknowledges that the execution of the User’s credit transfer is the responsibility of the User’s payment service provider.

 

26. DOKU

26.1. The MERCHANT agrees to comply with all ECOMMBX’s reasonable instructions and requests, in particular with respect to the manner of using the DOKU Payment Method, the investigation of offences and/or the migration to newer technologies.

26.2. The MERCHANT undertakes to ensure that its business line and products/services sold are not against, do not violate and are not contrary to any applicable laws and regulations, as well as not prohibited under Indonesian laws and regulations, including, but not limited to: (i) drugs including, but not limited to the narcotics; (ii) products/services that in the opinion of the Payment Method Provider could potentially incite hate, violence, racial anger, or terrorism; (iii) products/services violating copyright, trademark, rights of publicity or privacy rights or other intellectual property rights; (iv) products/services containing pornographic material; (v) products/services related to gambling or betting; (vi) products/services related to human trafficking and trade of protected endangered animals; and (vii) products/services related to weapons, military equipment, and explosives.

26.3. The MERCHANT must use its best endeavours to ensure that all Transactions are authentic and legitimate.

26.4. Refunds for non-Card (Doku Wallet, Virtual Account, Convenience store) Transactions will only be refunded to the User via bank account or DOKU Wallet.

26.5. For refunds to a bank account, there is a limitation of maximum IDR 25 000 000 (twenty-five million Indonesian Rupiah) per daily refund disbursement.

26.6. For refunds to DOKU Wallet, limitations are as follows: (i) maximum balance of IDR 2 000 000 (two million Indonesian Rupiah) for Users who have not been verified through Know Your Customer (KYC) process; (ii) maximum balance of IDR 10 000 000 (ten million Indonesian Rupiah) for Users who have been verified through KYC process; (iii) limited maximum turnover in the 30-day period in the amount of IDR 20 000 000 (twenty million Indonesian Rupiah) for both Users mentioned in points (i) and (ii).

 

27. GOOGLE PAY

27.1. Google Pay services are provided to the MERCHANT in accordance with the Service Order as an additional feature of the Card Acquiring Services.

27.2. The MERCHANT agrees to comply with the Google Pay API Terms of Service available via https://payments.developers.google.com/terms/sellertos/v1_7 and any other applicable documents of Google Pay as updated and supplied from time to time.

 

Payment Method Terms of Use

 

Last updated: 05.05.2021

 

1. GENERAL PROVISIONS

1.1. These Payment Method Terms of Use are an integral part of the Agreement.

1.2. The following clauses contain provisions that the MERCHANT shall follow in relation to specific Payment Methods which are provided to it in accordance with the Service Order.

1.3. Where specific Transaction Amount limits are included in these Payment Method Terms of Use, ECOMMBX may change these limits at any time without prior notification if ECOMMBX reasonably determines necessary to do so for security on anti-money laundering risk mitigation purposes. Any such changes shall be notified to the MERCHANT as soon as practicable.

1.4. Where the Service Order refers to payment instruments of particular regions it shall be understood that these are payment instruments issued by entities from that region. European Cards shall be understood as Cards issued by Card issuers from the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.

 

2. CARD ORGANISATION RULES

2.1. Visa rules are available at https://www.visa.co.uk/dam/VCOM/download/about-visa/visa-rules-public.pdf.

2.2. Mastercard rules are available at https://www.mastercard.us/en-us/about-mastercard/what-we-do/rules.html.

2.3. MIR rules are available at https://mironline.ru/banks/rules/.

 

3. PROVISIONS APPLICABLE TO SEPARATE PAYMENT METHODS

3.1. The provisions of this clause 3 shall be applicable in relation to the Payment Methods referred to in clauses 4-19 of these Payment Method Terms of Use.

3.2. The MERCHANT shall sufficiently call attention to and explain the Payment Methods offered and point out to Users in clearly recognisable and easily accessible form – either directly with the choice of the respective Payment Method offered on its Website and/or Application – that the order placed by the Users to remit the purchase price via the respective Payment Method, for goods or services offered, is irrevocable unless the Payment Method permits otherwise.

3.3. The MERCHANT shall not treat individual Payment Methods offered more favourably than other Payment Methods offered, in particular with respect to advertising, marketing or promoting such Payment Methods in a manner that could reasonably be held to unfairly position or disadvantage one Payment Method from another based on the display of marks or other branding. This clause shall not affect the right of the MERCHANT to decide at its sole discretion, which Payment Methods (if any) it chooses to expose within a particular market.

3.4. The MERCHANT warrants that it has implemented a documented complaints and escalation procedure with a User support function contactable by email for User support with regards to the Payment Methods.

3.5. The MERCHANT shall not request any surcharges from Users for Transactions made via the Payment Methods.

3.6. The MERCHANT shall comply with all legal provisions and information relating to distance sales agreements and the products and services of the MERCHANT shall be provided in conjunction with consumer protection laws, if applicable.

3.7. Where applicable to the MERCHANT, it shall process all Transactions with regards to Payment Methods in accordance with the specifications and other technical processing requirements stipulated by ECOMMBX and comply with all and any further general processing requirements of ECOMMBX.

3.8. The MERCHANT shall:

3.8.1. make available the Payment Methods exclusively for products or services that have been delivered or are yet to be delivered on the basis of an actual contractual relationship between the MERCHANT and a User;

3.8.2. make available the Payment Methods in a manner such that it shall not actively exclude individual banks connected to such a Payment Method;

3.8.3. not offer or otherwise make available Payment Methods for any of the categories of businesses and business practices that are listed in clause 3.10.

3.9. The MERCHANT shall not to accept Transactions for goods or services:

3.9.1. that are not provided on the MERCHANT’s own account;

3.9.2. that are not provided within the scope of the normal business operation of the MERCHANT which has been accepted by ECOMMBX;

3.9.3. that are included in the prohibited business category listing (clause 3.10).

3.10. Payment Methods are not permitted to be offered to, used by or otherwise made available to any of the following categories of business:

3.10.1. any goods and services which are illegal as such or for which the promotion, offer or distribution of are illegal or which are offered in connection with illegal, obscene or pornographic content;

3.10.2. any goods and services whose promotion, offer or distribution would infringe copyrights and intellectual property rights as well as other rights of third parties;

3.10.3. any goods and services which are connected to war or terrorism or the glorification thereof;

3.10.4. any material to incite sexual or physical violence against any person;

3.10.5. any material that can be reasonably classified as promoting hate speech or promoting violence against a group of persons based on their race, gender, religion, physical or mental capabilities, or sexuality;

3.10.6. archaeological finds;

3.10.7. drugs, narcotics and psychotropic substances;

3.10.8. goods that are subject to a trade embargo;

3.10.9. media harmful to young people, as far as the particular offer violates Applicable Laws and in particular, legal provisions for the protection of minors;

3.10.10. body parts and mortal remains of humans;

3.10.11. Nazi articles and publications;

3.10.12. protected animal and plant species;

3.10.13. Lotteries promoted over the phone;

3.11. Where applicable to the MERCHANT, it shall ensure that:

3.11.1. any User identification and/or authenticating data that could be used to place orders shall not be stored electronically or written down in another form, except to the extent authorised by the Payment Card Industry Data Security Standard;

3.11.2. during the input of User identification and/or authenticating data that could be used to place orders, third parties are prevented from obtaining such data.

3.12. In the event that the MERCHANT discovers that a third party has attained knowledge of User identification and authenticating data, or misuse is suspected, the MERCHANT shall immediately inform ECOMMBX thereof and where possible ECOMMBX may disable access to the Payment Method until the matter is resolved.

3.13. The MERCHANT warrants that:

3.13.1. it shall not use the Payment Methods for the purposes of, or in any way connected with, money laundering, terrorist financing, fraud or any other financial crime; and

3.13.2. the funds being transferred are not the proceeds of crime.

3.14. Without prejudice to any rights granted to ECOMMBX under the Agreement, if ECOMMBX suspects that the MERCHANT, any of its affiliates, or Users, as applicable, are involved in or connected with money laundering, terrorist financing, fraud or any other financial crime, ECOMMBX shall be entitled to temporarily aggregate funds and withhold the settlement of Transaction аmounts without notification and without stating any reasons.

3.15. Without prejudice to any rights granted to ECOMMBX under the Agreement, ECOMMBX may, in complying with its obligations under The Prevention and Suppression of Money Laundering and Terrorist Financing Law of 2007-2019 as well as the Directive to Credit institutions in Accordance with Article 59(4) of the Prevention and Suppression of Money Laundering Laws of 2007 to 2018 as amended or succeeded from time to time, or ensuring such compliance for any other involved financial institution, request information from the MERCHANT in relation to the MERCHANT’s organisational structure. The MERCHANT shall provide such information without undue delay upon request of ECOMMBX. Should the MERCHANT provide such information to ECOMMBX, it warrants that any information pertaining to shareholders contained therein and the scope of their participation at the commencement date, and afterwards, is complete and accurate and that the shareholders, unless otherwise stated, do not hold their shares as trustees for third parties. Insofar as a shareholder is itself a company or legal entity, the MERCHANT must provide a comprehensive overview of the respective shareholder structure inclusive of the ultimate beneficial owners.

3.16. ECOMMBX‘s responsibility in regard to the remittance of funds is strictly restricted to transferring to the MERCHANT the amount as received from the respective bank, financial institution, Payment Method Provider, Card Organisation or payment scheme subject to any deductions as made in accordance with the Agreement. In no event shall ECOMMBX bear any responsibility or assume any liability towards the MERCHANT with respect to funds that have not been received by ECOMMBX from the respective bank, financial institution, Payment Method Provider, Card Organisation or payment scheme. Under no circumstances shall ECOMMBX be liable for any failure of the respective bank, financial institution, Payment Method Provider, Card Organisation

or payment scheme to effect payment of the settlement amount or for any other act or omission by such entity.

3.17. The MERCHANT shall submit to ECOMMBX in its entirety, such relevant information and documentation concerning the MERCHANT as may be required solely for the purposes of ensuring compliance with these Payment Method Terms of Use, ECOMMBX’s and any involved financial institution’s obligations as regulated financial institutions, including any applicable requirements under anti-money laundering laws and regulations. Any changes in such information concerning the MERCHANT must be reported by the MERCHANT to ECOMMBX in writing without undue delay.

3.18. ECOMMBX shall be entitled to forward all relevant information collected from the MERCHANT to clearing centres, financial institutions, acquirers, payment schemes, Payment Method Providers, Card Organisations, authorised banking partners and credit agencies to the extent reasonably necessary for the provision of the Payment Methods.

3.19. ECOMMBX shall not at any time be held liable for a breach of data security obligations by the MERCHANT, whether known or accidental.

3.20. Unless otherwise agreed by the Parties, ECOMMBX shall be entitled to retain a security deposit (holdback) for certain Payment Methods that carry the risk of a Transaction Dispute. The holdback will be notified to the MERCHANT and ECOMMBX shall be entitled to adjust this holdback at any time notice of which shall be provided to the MERCHANT. Without restricting ECOMMBX’s discretion under this clause, ECOMMBX may take into account, amongst others, the following factors when determining the amount of any holdback:

3.20.1. the MERCHANT ceases its business or a substantial part thereof;

3.20.2. the MERCHANT materially alters the nature of its business;

3.20.3. the business activities of the MERCHANT carry a higher than normal risk of Transactions being charged back or otherwise reversed;

3.20.4. the overall financial standing of the MERCHANT;

3.20.5. the MERCHANT becomes insolvent or is otherwise unable to pay its debts as they fall due;

3.20.6. ECOMMBX, at its sole discretion, has a reasonable belief that the MERCHANT will be unable to perform its obligations under the Agreement;

3.20.7. ECOMMBX receives a frequent number of enquiries from Payment Method Providers, payment schemes, Card Organisations, police or regulatory authorities relating to the business activities of the MERCHANT in connection with actual or suspected fraud or financial crime;

3.20.8. a relevant amount of holdback has been retained or adjusted by an involved financial institution.

3.21. ECOMMBX shall only be responsible for the fulfilment of its settlement obligations relating to Transaction amounts with regards to the Payment Methods, if all of the following prerequisites are met:

3.21.1. the acceptance of a Transaction was made in accordance with all contractual obligations and in compliance with these Payment Method Terms of Use;

3.21.2. the bank, payment scheme or Payment Method of the User has not reversed or otherwise withheld the payment;

3.21.3. the respective Transaction amount has been received by ECOMMBX;

3.21.4. the provisions within clause 3.22 have not been triggered or brought into effect.

3.22. The MERCHANT acknowledges that ECOMMBX shall be entitled to suspend any Payment Method and/or withhold remittance of funds with regards to the Payment Method, if the MERCHANT:

3.22.1. submits for settlement or processing, turnovers that are not exclusively from the MERCHANT’s own business operation, but rather turnovers of third parties;

3.22.2. does not possess the requisite permissions, authorisations, licenses or other official approval necessary for the operation of its business;

3.22.3. does not make reference to its general terms and conditions in a clearly visible manner, including - but not limited to - the law applicable to particular User agreements;

3.22.4. does not reference individual Payment Methods in the manner prescribed by ECOMMBX;

3.22.5. distributes goods or services contrary to these Payment Method Terms of Use;

3.22.6. submits turnovers via URLs other than those accepted by ECOMMBX for the Payment Methods;

3.22.7. commits or Users commit actual fraud or ECOMMBX reasonably suspects that actual fraud has otherwise been committed.

3.23. If ECOMMBX determines at its sole discretion that the reason for the service suspension or withholding has been reasonably resolved, it will proceed with lifting the suspension or the withholding and informing the MERCHANT accordingly.

3.24. In any event where ECOMMBX suspends or withholds funds in accordance with clause 3.22 hereof, ECOMMBX shall notify the MERCHANT in such event unless to do so would be contrary to any Applicable Laws or jeopardise any investigation of fraud.

3.25. Upon termination of a particular Payment Method, the MERCHANT shall remove any links to the Payment Method which had been made available via Services unless the MERCHANT has sourced access to the same via a third party.

 

4. ALIPAY

4.1. Refund possibility: Yes.

4.2. Transaction minimum: NA.

4.3. Transaction maximum: RMB 50,000.00 per day.

4.4. The MERCHANT accepts that Alipay reserves the right to stop the “Express Checkout Service” on their interface, if at any stage unauthorised Transactions exceed Transaction volumes of 20.000 RMB or a rate of 0.001 % of total Transaction volume; or for risk prevention purposes. These limits may be changed by Alipay at any time.

4.5. The MERCHANT agrees that in the event of a complaint by a User of Alipay services concerning the MERCHANT and Alipay deems such complaint to be justified, the MERCHANT will be liable to pay the amount of any fines, expenses or monetary penalty that ECOMMBX may incur as determined by Alipay in its sole discretion, except to the extent where caused due to ECOMMBX.

4.6. The payment method Alipay services may not be used for:

4.6.1. Illegal political audio-visual products and publications, illegal reactionary cards and program channels, state secret documentations and information, other reactionary articles and speeches;

4.6.2. Gambling tools, private lottery, gambling service, lottery ticket, pyramid selling, gold futures, lucky draw, high-risk services;

4.6.3. Drug-taking tools, ammunitions and weapons/firearms and accessories, controlled instruments, crime articles, fireworks and firecrackers, poisonous articles and hazardous chemicals, adult drugs (aphrodisiac);

4.6.4. Credit speculation service (including speculation of Taobao credit rating), credit card cashing service, crowd funding websites, counterfeit currency, bank account Transaction (bank cards), stock, fund, insurance, insurance platform, periodical investment of gold, bank financial products, cashback services, single-purpose prepaid cards, securities, illegal fund-raising, foreign exchange services, virtual currency in foreign accounts, receipts (invoices), Bitcoin, Litecoin, YBcoin and other virtual currency transactions, MCard etc., Auction, Pawn, payment institutions, circulating RMB, foreign currency;

4.6.5. Fetal gender diagnosis, human organs, surrogacy services, examination services, medical devices, contact lens;

4.6.6. Hacking-related, malware, other software services which jeopardise Alibaba and the subsidiaries of Alibaba, video chatting services, religious websites, online cemetery and worshipping and other services, computer privacy information monitoring, satellite antenna etc., spying instruments, other personal privacy-harming articles or services, ID card information and other information which infringe other’s privacy, certificate issuing and stamp carving;

4.6.7. Foreign-related matchmaking service, items and services in violation of relevant state regulations, poor quality (fake) food, tobacco, crude oil, charity, smuggled articles, special provisions for specific period of time (e.g. the Olympic Games), cultural relics, luxury goods, auto sales and rental service.

4.7. ECOMMBX will notify the MERCHANT via email of any new Transaction Dispute (including complaints and chargebacks) cases, and give the MERCHANT an opportunity to respond to the case as described below in clause 4.8. Cases which are not able to be resolved in favour of the MERCHANT will be debited via a chargeback event.

4.8. Dispute process:

4.8.1. When an Alipay User initiates a Transaction Dispute with Alipay, ECOMMBX will send an email to the MERCHANT with the relevant Transaction information, reason for the Transaction Dispute and the request (the “Request”) that the MERCHANT can make a refund to the Alipay User and/or take other actions requested by ECOMMBX (“Remedial Actions”) to address the Transaction Dispute with the MERCHANT. ECOMMBX will share such requests with the MERCHANT via e-mail.

4.8.2. The MERCHANT shall respond within seven (7) calendar days (the “MERCHANT’s Response Deadline”) from the date the Request is sent.

4.8.3. If ECOMMBX receives the MERCHANT’s response and determines, based on a reasonable person standard, that such response constitutes sufficient ground to deny the Request, ECOMMBX will forward Alipay the MERCHANT’s Response via return of email within three (3) calendar days from the date the MERCHANT sends ECOMMBX the response (the “MERCHANT’s Response Date”).

4.8.4. If ECOMMBX receives the MERCHANT’s Response and determines, based on a reasonable person standard, such response does not constitute sufficient ground to deny the Request or the MERCHANT accepts the Request, ECOMMBX will either (x) instruct the MERCHANT to fully implement the Request by initiating a refund to the Alipay User and taking Remedial Actions within three (3) calendar days from the MERCHANT’s Response Date or (y) fully implement the Request itself by initiating the refund to the Alipay User and take Remedial Actions directly within five (5) calendar days from the MERCHANT’s Response Date.

4.8.5. If ECOMMBX does not receive any response from the MERCHANT by the MERCHANT’s Response Deadline, ECOMMBX will fully implement the Request by initiating a refund by itself to the relevant Alipay User and take Remedial Actions within three (3) calendar days from the MERCHANT’s Response Deadline.

4.8.6. If Alipay receives the MERCHANT’s response denying the Request and determines, based on a reasonable person standard, that such response constitutes sufficient ground to deny the Transaction Dispute, Alipay shall close the Transaction Dispute in favour of the MERCHANT.

4.8.7. If (i) Alipay receives the MERCHANT’s response denying the Request but determines, based on a reasonable person standard, such response does not constitute sufficient ground to deny the Transaction Dispute, (ii) the MERCHANT does not implement the Request even though it should do so or (iii) ECOMMBX does not receive the MERCHANT’s response within the MERCHANT’s Response Deadline, ECOMMBX shall notify the MERCHANT of Alipay’s decision (“Alipay Decision”) whether (x) the Transaction Dispute is legitimate, (y) a refund should be made to the User and (z) any Remedial Actions should be taken.

4.8.8. ECOMMBX will fully implement the Alipay Decision by initiating a refund and taking Remedial Actions within three (3) calendar days from the date Alipay Decision is sent.

 

5. BANCONTACT

5.1. Refund possibility: Yes

5.2. Transaction minimum: EUR 1.00 per Transaction

5.3. Transaction maximum: NA

5.4. The MERCHANT is aware that the execution of the transfer as well as the possibility of a User to cancel or revoke a transfer are contingent upon the then current terms and conditions of the respective User’s bank.

5.5. The MERCHANT acknowledges that although Bancontact payment Transactions can be executed from User accounts established with most banks in Belgium, there is no guarantee that a User will be able to make an online bank transfer from every bank account in Belgium using Bancontact.

 

6. BOLETO BANCARIO

6.1. Refund possibility: NA

6.2. Transaction minimum: USD 2.50 per Transaction

6.3. Transaction maximum: USD 2,500.00/day/shopper; USD 10,000.00/month/shopper

 

7. CHINA UNION PAY

7.1. Refund possibility: Yes

7.2. Transaction minimum: MYR 1.00 per Transaction

7.3. Transaction maximum: MYR 5000.00 per Transaction

7.4. Specific prohibited goods and services: a) Firearms / weapons, ammunition, fireworks and hazardous materials; b) Drugs, drug paraphernalia and drug test circumvention aids, Miracle Cures; c) Currency and FOREX, gold bar, investment scheme, any activity associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, payment aggregator, any activity associated with the sale of traveller’s checks or money orders, check cashing business, provide certain credit repair or debt settlement services, credit transactions or insurance activities; d) Pornography and adult content, escort services, sexually oriented materials or services, items that are considered obscene; e) Gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; f) Involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent, items encouraging illegal activity, pyramid or Ponzi scheme, matrix program and other "get rich quick" schemes, stolen goods including digital and virtual goods; g) Tobacco, alcohol, materials containing offensive content; h) Counterfeit and replica goods, items or downloads infringe or violate copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, file sharing services, unlicensed multi-level marketing, time-sharing, telemarketing.

7.5. The MERCHANT agrees to not perform or fail to perform any act that violates federal, state/provincial, or local law in its respective place of incorporation, including, but not limited to, applicable anti-money laundering and anti-terrorism financing laws. MERCHANT agrees to accept reasonable instructions issued by China Union Pay in relation to the national laws of Malaysia, that China Union Pay may reasonably apply to foreign financial institutions carrying on payment acceptance activities in Malaysia. Notwithstanding the above, should the MERCHANT not be able to comply with those reasonable instructions provided by China Union Pay, ECOMMBX retains the right to terminate the Agreement immediately.

7.6. The MERCHANT must ensure that the brand name and logo or any other marketing or publicity materials that may be provided to the MERCHANT on behalf of China Union Pay are prominently displayed, on their Website and/or Application as applicable.

7.7. The MERCHANT is responsible for notifying the User regarding the fact that the User’s statement will display “MOLPay”, “MOLP”, “MOLPay EC” or “NetBuilder EC” for the charges associated with China Union Pay instead of the MERCHANT‘s trading name.

7.8. The MERCHANT must retain copies of all Transaction receipts for a minimum period of six (6) months. The MERCHANT shall provide copies of those receipts to ECOMMBX within five (5) Working Days of receiving such request.

7.9. The MERCHANT must contact the User by email or telephone in the event China Union Pay reasonably suspects a transaction may be fraudulent and notifies ECOMMBX thereof requesting that the MERCHANT investigate the particular transaction. As part of such investigation, China Union Pay may request that the MERCHANT provides identification details regarding the User. However, the MERCHANT shall only be required to provide such information at its own discretion and in accordance with applicable data protection laws.

7.10. The MERCHANT must include on its Website and/or Application a full description of the MERCHANT’s trading name, address, telephone number and URL, as well as accurately describe what goods and services are being offered for sale, the price, the action which must be taken to make a purchase, the point at which a sale is completed, and details of delivery, shipping, returns and refund policies.

7.11. The MERCHANT must resolve any claims or complaints in respect of any purchase of goods, products or services made using China Union Pay, directly with the User. There shall be no right of recourse against China Union Pay in the event the User disputes the underlying contract of sale of such Transaction, for any reasons whatsoever, including without limitation, the quality, overcharging or late delivery of the good, product or service.

7.12. At no stage whatsoever will China Union Pay establish any form of communication with the MERCHANT other than through ECOMMBX.

7.13. Acceptance of Transactions shall not in any way be binding to China Union Pay or ECOMMBX as to the validity of any Transaction or Transaction receipts. China Union Pay shall not honour any Transactions which in the opinion of China Union Pay are not genuine, in which case China Union Pay shall notify ECOMMBX and/or the relevant MERCHANT without delay.

7.14. If the amount of the MERCHANT’s Transaction Disputes (including chargebacks) may at ECOMMBXs reasonable determination cause it to reach its Transaction Dispute Thresholds set by China Union Pay, ECOMMBX shall send a notification to the MERCHANT. ECOMMBX will liaise with the MERCHANT in order to apply measures to the Website and/or Application, limits and velocity checks in order to reduce the level of chargebacks. If the level of chargebacks exceeds this percentage for 3 consecutive months, MID closure for the affected MERCHANT account might apply. Prior notification will be provided to the MERCHANT. Note: This is an extreme situation and normally applying measures and reducing the level will keep the account in good standing.

7.15. ECOMMBX will notify the MERCHANT via email of any new chargeback cases, and give the MERCHANT an opportunity to respond to the case as described below in clause 7.16. Cases which are not able to be resolved in favour of the MERCHANT will be debited via a chargeback event.

7.16. To dispute a chargeback after the notification is sent, the MERCHANT must send to ECOMMBX the following information within 10 Working Days:

Amount and date of the Transaction;

Detailed description of goods or services ordered;

Delivery confirmation;

Tracking number;

Proof of service activation;

Proof of User and order details (full name, billing/delivery address etc.);

Proof of User acceptance of services/goods.

 

8. EPS

8.1. Refund possibility: Yes

8.2. Transaction minimum: EUR 1.00 per Transaction

8.3. Transaction maximum: NA

8.4. The MERCHANT is obliged, where applicable, to strictly comply with the relevant provisions of the Austrian Gaming Act and shall only accept or transfer funds for games of chance if this is legally permitted under the laws of Austria. The MERCHANT acknowledges and confirms that it is aware that any violation of provision of these Payment Method Terms of Use may be subject to fines by the respective Austrian authorities for which the MERCHANT shall remain solely liable for at all times.

8.5. Should claims be asserted against ECOMMBX by third parties due to the infringement or non-compliance of the Payment Method Terms of Use by the MERCHANT, the MERCHANT indemnifies ECOMMBX from all associated fines, costs, damages and compensation payments and if so requested by ECOMMBX will intervene and substitute itself in place of ECOMMBX in any proceedings that may be brought against ECOMMBX.

 

9. ESTONIAN ONLINE BANK TRANSFER

9.1. Refund possibility: Yes

9.2. Transaction minimum: EUR 1.00 per Transaction

9.3. Transaction maximum: NA

9.4. Specific prohibited goods and services: Tobacco products; alcohol; prescription medicine; drug substances and drug attributes; weapons; unlicensed lottery and gambling; illegal software or other services which violate rights to intellectual property; other items/products/services prohibited by law; other items/products/services, without the licenses or permissions required by the legislation of the respective country.

 

10. GIROPAY

10.1. Refund possibility: Yes.

10.2. Transaction minimum: EUR 1.00 per Transaction.

10.3. Transaction maximum: NA.

10.4. Specific prohibited goods and services: payment instruments (cash, savings or e-money, currencies including virtual currencies such as bitcoins, as well as checks) as far as the recipient of the payment instrument can’t be identified by the acquirer or MERCHANT, except vouchers or stored value products.

10.5. Payment guarantees passed on by ECOMMBX in the scope of the giropay Payment Method are in each case limited to an amount of EUR 10,000.00 per Transaction, even if the Transaction executed is for a higher amount.

10.6. The MERCHANT shall report any events that require reliance on the giropay guarantee to ECOMMBX without delay.

10.7. The MERCHANT’s claims resulting from the giropay payment guarantee expire 6 weeks after receipt of a positive bank transfer confirmation unless the MERCHANT reported the claim from the payment guarantee to ECOMMBX in writing without delay before this date.

10.8. After selecting giropay as the Payment Method it is prohibited to request the User’s data, in particular personal data such as IBAN or names within the particular Transaction initiation.

10.9. The MERCHANT shall adhere to the instructions of ECOMMBX in relation to the “giropay” logo use.

 

11. IDEAL

11.1. Refund possibility: Yes.

11.2. Transaction minimum: NA.

11.3. Transaction maximum: NA.

11.4. Should it become apparent to ECOMMBX that the MERCHANT is not complying with relevant laws and regulations concerning the activities it undertakes, any access to the iDEAL Payment Method may be immediately terminated by ECOMMBX with immediate effect.

11.5. The MERCHANT shall ensure that an effective complaints procedure is provided to Users, under which the MERCHANT can be easily contacted by e-mail and one other means of direct contact (such as a telephone number, chat box, or other medium). The MERCHANT must make the information about the complaints procedure easily available to Users, and make it easy for Users to find on the respective Website and/or Application.

11.6. It is not permitted to offer the iDEAL Payment Method via e-mail link services unless the MERCHANT obtains the prior written permission of ECOMMBX.

11.7. The MERCHANT must cooperate with requests for information in specific situations that require further investigation in relation to the iDEAL Payment Method as may be notified by ECOMMBX to the MERCHANT from time to time.

11.8. In the event of a breach of contract or fraud (actual or suspected) by the MERCHANT, ECOMMBX may be obliged to take specific emergency measures including but not limited to termination of iDEAL Services with immediate effect.

11.9. The MERCHANT is not permitted to remove any issuers from the issuer list.

11.10. Where at ECOMMBX’s sole discretion the MERCHANT is deemed to be high risk, ECOMMBX reserves the right to request the MERCHANT to implement a User registration process to record at least the following data concerning the User:

11.10.1. Name and e-mail address;

11.10.2. Account number and name for the bank account number which is being used to make purchases via the iDEAL Payment Method;

11.10.3. Additional information for verification in step 2 and the monitoring of Transactions, for example: i. IP address; ii. Browser fingerprint; iii. Mobile number.

11.11. The MERCHANT shall adhere to the instructions of ECOMMBX in relation to the “iDEAL” logo use.

 

12. LATVIAN ONLINE BANK TRANSFER

12.1. Refund possibility: Yes

12.2. Transaction minimum: EUR 1.00 per Transaction

12.3. Transaction maximum: NA

12.4. Specific prohibited goods and services: Tobacco products; alcohol; prescription medicine; drug substances and drug attributes; weapons; unlicensed lottery and gambling; illegal software or other services which violate rights to intellectual property; other items/products/services prohibited by law; other items/products/services, without the licenses or permissions required by the legislation of the respective country.

 

13. LITHUANIAN ONLINE BANK TRANSFER

13.1. Refund possibility: Yes

13.2. Transaction minimum: EUR 1.00 per Transaction

13.3. Transaction maximum: NA

13.4. Specific prohibited goods and services: Tobacco products; alcohol; prescription medicine; drug substances and drug attributes; weapons; unlicensed lottery and gambling; illegal software or other services which violate rights to intellectual property; other items/products/services prohibited by law; other items/products/services, without the licenses or permissions required by the legislation of the respective country.

 

14. MULTIBANCO

14.1. Refund possibility: NA

14.2. Transaction minimum: NA

14.3. Transaction maximum: EUR 99,999.99 per Transaction

 

15. PRZELEWY24 (P24)

15.1. Refund possibility: Yes.

15.2. Transaction minimum: PLN 0.05 per Transaction.

15.3. Transaction maximum: NA.

15.4. In relation to User complaints, the MERCHANT is obliged to ensure the following details are collected from the User:

15.4.1. E-mail address;

15.4.2. Transaction number;

15.4.3. Transaction amount;

15.4.4. Full name of the holder of the originating bank account from which the Transaction amount was to be transferred;

15.4.5. Name of the bank that holds the account from which the Transaction amount was to be transferred or to which the Transaction was transferred to as applicable;

15.4.6. Transaction date; and

15.4.7. In the case of payment from a Card: the name of the Card;

15.4.8. In the case of an SMS payment: the User’s mobile telephone number.

15.5. Any complaints pertaining to Transactions made 90 or more days prior to such complaint may be refused for review by Przelewy24.

 

16. BLIK

• 16.1. Refund possibility: Yes

• 16.2. Transaction minimum: PLN 0.01 per Transaction

• 16.3. Transaction maximum PLN 10,000 per Transaction

• 16.4. BLIK is a bank transfer Payment Method where the MERCHANT receives a real time confirmation of the Transaction.

• 16.5. The MERCHANT, if applicable, must prominently display on their website or device as applicable, the BLIK name or trademarks in a manner consistent with the BLIK Brand Book in accordance with ECOMMBX instructions.

• 16.6. The MERCHANT is aware that BLIK has an established complaints process for complaints raised and that failure to comply with the timelines and requirements to provide information/documents can result in liability and fees. The complaints process is as follows:

• (a) Complaints or other reports registered with BLIK shall be examined by it and any further exploratory actions aimed at examining the complaint undertaken.

• (b) BLIK will charge a complaint handling fee, that shall be payable by the MERCHANT, if BLIK determines at its sole discretion that the MERCHANT has caused the occurrence of the event that served as the basis for the complaint to be lodged.

• (c) BLIK will notify ECOMMBX of the outcome of the complaint examination procedure. Where the MERCHANT has caused occurrence of the event that served the basis for the complaint the MERCHANT shall be liable for the claimed amount.

• (d) In case additional information is necessary, BLIK reserves the right to request the relevant Party to send the required details to BLIK via ECOMMBX.

• (e) The MERCHANT is obliged to provide ECOMMBX, which shall provide it to BLIK, with all available materials required to process a complaint inquiry within a period of time not exceeding of the deadline set out in the notification from ECOMMBX indicating such a necessity. In the case when the Party is not able to send the required materials within the said deadline for reasons beyond their control, it is required to notify ECOMMBX of the occurrence of such a situation as soon as possible.

• (f) A delayed delivery of documents or the failure to provide them by the MERCHANT may result in a settlement of the complaint against the MERCHANT.

• (g) In the case of the complaint lodged by a User in respect of a specific transaction, an unconditional refund of the amount of such a transaction shall be issued for the benefit of the bank of the User that authorised that transaction, unless the bank of the User carried out the authorisation in relation to a given transaction, including the confirmation of that transaction by the User.

• (h) The refund of the amount as referred to in the preceding clause is conducted by means of revocation of the transaction by BLIK.

 

17. SOFORT BANKING/SOFORT ÜBERWEISUNG

17.1. Refund possibility: Yes.

17.2. Transaction minimum: EUR 1.00 per Transaction.

17.3. Transaction maximum: NA.

 

18. WECHAT PAY

18.1. Refund possibility: Yes.

18.2. Transaction minimum: RMB 0.10 per Transaction.

18.3. Transaction maximum: USD 10,000.00/Transaction, USD 20,000.00/day/User, USD 50,000.00/year/User.

18.4. The MERCHANT shall not charge Users any additional fee or provide lower service when the User uses WeChat Pay as Payment Method.

18.5. The MERCHANT shall not, in any manner, collect, store or use Users’ data, except as necessary to provide the related service, otherwise, the MERCHANT shall be liable for all losses incurred by WeChat Pay and/or Users.

18.6. In the event that WeChat Pay or any User suffers any loss arising from the circumstances in the course of a Transaction, including but not limited to fraud, denial of transaction, chargeback, account information leakage, violation of applicable state laws, rules and regulations, breach of commitments to User, the MERCHANT shall be responsible for such claims, except to the extent where such claims have arisen due to ECOMMBX. In the event that the MERCHANT deliberately delays in resolving these claims, ECOMMBX shall be entitled at its own reasonable discretion to debit directly an amount equivalent to the loss from the accrued funds.

18.7. In case a User requests a refund directly from WeChat Pay for a payment that is not yet settled with the MERCHANT, the MERCHANT must respond within one (1) Working Day after being contacted by ECOMMBX to clarify the issue, otherwise ECOMMBX may refund the Transaction to the User. In all other cases, the MERCHANT shall respond to any inquiries within two (2) Working Days.

18.8. The MERCHANT is aware that refunds for Transactions made by using WeChat Pay shall only be refunded by utilising WeChat Pay, otherwise the resulting risks and disputes will be borne by the MERCHANT.

18.9. The MERCHANT is fully aware that WeChat Pay will terminate the service and that the MERCHANT must assume liability in cases where the MERCHANT: (a) operates in violation of the relevant rules and refuses to make corrections after being requested to do so; (b) commits any act that harms the interest of WeChat Pay; or (c) is involved in risk events or abnormal Transactions, in WeChat Pay’s reasonable discretion.

18.10. WeChat Pay may only be used for the following goods and services:

18.10.1. Apparel/Accessories/Bags;

18.10.2. Gift/Flowers/Souvenir;

18.10.3. Outdoor/Sport/Fitness equipment/Security and protection;

18.10.4. Musical instrument;

18.10.5. Watch/Clock/Glasses/Cosmetic lenses;

18.10.6. Jewellery/Accessories;

18.10.7. Home furnishing/Construction materials/Decoration/Fabrics;

18.10.8. Food;

18.10.9. Health care products/Supplements;

18.10.10. Household appliances;

18.10.11. Personal care & contraception product;

18.10.12. Beauty makeup/Skin care/Personal care;

18.10.13. Crafts/Potting/Interior decoration;

18.10.14. Car/Motorcycle/Bicycle/Accessories/Refitted vehicle;

18.10.15. Digital product;

18.10.16. Office equipment;

18.10.17. Maternal and baby products/Children’s toys;

18.10.18. Maternal and Child (online) stores;

18.10.19. Book/Audio/Stationery;

18.10.20. Pet food.

18.11. The MERCHANT shall display the “WeChat Pay” logo – and only the logo - on its official Website and/or Application. Usage of the “WeChat Pay” logo or any related business logos and trademarks for any other purposes is not permitted. The MERCHANT shall adhere to the instructions of ECOMMBX in relation to the “WeChat Pay” logo use.

 

19. SAFETY PAY

19.1. Refund possibility: Yes.

19.2. Transaction minimum: NA, except as specified in clause 19.5.

19.3. Transaction maximum: NA, except as specified in clause 19.5.

19.4. Specific prohibited goods and services: bootleg recordings; counterfeit items; embargoed goods; illegal drugs and paraphernalia; offensive, racially or culturally insensitive material; adult content, materials, and/or services, including, but not limited to adult books and videos, adult telephone conversations, adult websites, companion/ escort services, dating services (sexually oriented), mail order brides, miscellaneous adult entertainment; cash; damages, losses, penalties, or fines of any kind; costs or fees over the normal price of the MERCHANT’s goods or services (applicable taxes) or charges that have not been specifically approved; overdue amounts, or amounts covering returned or stop-payment checks; sales made by third parties or entities that have not directly contracted with SafetyPay; amounts that do not represent bona fide sales of goods and services by MERCHANT’s business (e.g., purchases by MERCHANT’s owners (or their family members) or employees); illegal business transaction; money laundering or the financing of terrorist activities.

19.5. Transaction limits might apply for the following countries:

19.5.1. Brazil: BRL 2,000 – unlimited;

19.5.2. Mexico: maximum Transaction amount MXN 9,999.

 

20. TRUSTLY

20.1. The MERCHANT acknowledges that it is aware that the funds are transferred via general clearing systems, meaning in exceptional cases it might take up to three (3) Working Days before (a) funds from Users are settled with TRUSTLY and (b) settlements ordered by ECOMMBX to its account are settled from TRUSTLY to such ECOMMBX’s account.

20.2. The MERCHANT acknowledges that the availability and functionality of the TRUSTLY Payment Method is significantly dependent on the full functionality of third-party systems, primarily those of the banks, and that ECOMMBX and TRUSTLY do not, and cannot, guarantee the functionality of the TRUSTLY Payment Method in the event of failures, malfunctions or adjustments within such third-party systems or lost access thereto and that ECOMMBX and TRUSTLY does not assume liability in case of the MERCHANT suffering damage due to non-functionality of such third-party systems.

20.3. The MERCHANT shall comply with any instructions given by ECOMMBX relating to the use or function of the TRUSTLY Payment Method. TRUSTLY may from time to time change or update the TRUSTLY Payment Method or the software (including but not limited to enabling additional countries or new features of existing products) where such changes or updates are required (a) in order for the system to function in a professional and workman-like manner consistent with industry standards reasonably applied for similar services, (b) to avoid and/or remedy critical or recurring errors in the TRUSTLY Payment Method, (c) to comply with any applicable law, or (d) to avoid and/or remedy threatened or actual infringement of a third party’s intellectual property rights. Should such changes or updates require any actions of the MERCHANT, ECOMMBX will provide the MERCHANT with notice to that effect. The MERCHANT shall implement and execute such changes or updates, (i) use its best efforts to execute the updates mentioned under (a) above; and (ii) immediately and no later than within 10 calendar days with respect to changes in (b)-(d) above.

20.4. The MERCHANT is obliged to expose TRUSTLY logotype(s)/trademark(s) in an appealing and appropriate manner in the business of the MERCHANT and in accordance with the from time to time applicable service presentation requirements as set out at https://developers.ecommpay.com/. ECOMMBX will inform the MERCHANT of any material changes in the service presentation requirements and the MERCHANT shall adhere to the altered requirements within sixty (60) days from notice. The MERCHANT will only use TRUSTLY’s logos, trademarks and other intellectual property rights only with regard the purpose and terms of the Agreement and in accordance with instructions of ECOMMBX.

20.5. The MERCHANT shall treat the logotype(s)/trademark(s) of TRUSTLY at least equally with other online banking Payment Methods offered by the MERCHANT on its webpage and/or in the MERCHANT’s promotion and advertising materials. In particular, the MERCHANT shall ensure that TRUSTLY position and size of TRUSTLY logotype(s)/ trademark(s) and select buttons is at least substantially similar to those of other online banking Payment Methods available through the MERCHANT.

20.6. The MERCHANT is obliged to remove TRUSTLY ’s logotype(s)/trademark(s), if ECOMMBX ceases the provision of the TRUSTLY Payment Method to the MERCHANT or upon ECOMMBX’s request.

20.7. Where the MERCHANT makes use of the TRUSTLY Direct Debit Payment Method, the MERCHANT:

20.7.1. warrants that it has installed relevant and sufficient security features to ensure that the MERCHANT is able to identify a User, for which payment shall be made via TRUSTLY Direct Debit;

20.7.2. acknowledges that (a) TRUSTLY has the right (and is obliged) to send funds back to a User claiming such right under the rules for direct debit scheme (Sw. Autogiro or SEPA Direct Debit); (b) funds subject to such claim will be deducted from the funds at the client fund account and sent back to the User, without prior notice; (c) TRUSTLY has the right to reserve client funds from the client funds account as lien for the potential obligation on TRUSTLY to transfer funds back to Users; (d) funds, as from time to time is reserved under this clause, will not be available for settlement.

20.7.3. acknowledges that TRUSTLY has the right to decline a User from registering a mandate as well as the right to refuse single Transactions, where TRUSTLY deems this necessary for anti-money laundering, compliance and/or risk related reasons;

20.7.4. shall, upon request by ECOMMBX, send data relating to the Users to ECOMMBX, which will be sent to TRUSTLY, in order for TRUSTLY to adhere to applicable legislation;

20.7.5. acknowledges that TRUSTLY does not assume any liability for any losses or damages that the MERCHANT may incur as a consequence of revoked or failed payments (for instance where funds has not been available on the User’s bank account at the time of deduction), chargebacks, funds being sent back to User in accordance with applicable rules for direct debit (Sw. Autogiro or SEPA Direct Debit), fraudulent, illicit or abusive use of TRUSTLY Direct Debit; the MERCHANT consequently bears the risk that funds are not deducted from the User’s bank account due to any (or similar) of the aforementioned circumstances; TRUSTLY is not liable for losses or damages incurred by the MERCHANT by an event outside the TRUSTLY’s control, including but not limited to decisions or actions by a third party such as a court, authority or bank; and

20.7.6. acknowledges that TRUSTLY is dependent on third party systems for providing TRUSTLY Direct Debit, and that lost access to such systems will not constitute any failure to provide the TRUSTLY Direct Debit service.

 

21. SKRILL

21.1. The MERCHANT agrees to comply with the terms of use of SKRILL, including Account Terms of Use, Merchant Terms and Conditions, identification and security policies and procedures and any other applicable documents of SKRILL as updated and supplied from time to time (the “SKRILL Terms of Use”). The SKRILL Terms of use are available online via www.skrill.com. The SKRILL Payment Method shall be operated strictly in accordance with the SKRILL Terms of Use.

21.2. The MERCHANT will at all times comply with all Applicable Laws and will not receive or transfer funds, or use SKRILL Payment Method in connection with any illegal, fraudulent or deceptive activity, including without limitation, for money laundering or terrorist financing. The MERCHANT shall not do anything that might reasonably be deemed by ECOMMBX and/or SKRILL to bring it or the SKRILL Payment Method into disrepute, including acting fraudulently in relation to the SKRILL Payment Method.

21.3. The MERCHANT will clearly display the “SKRILL” logo at its Website or Application checkout so as to notify the Users that they may make a payment from their account held with SKRILL (the “User Account”). Display, distribution or any other use of the intellectual property of SKRILL, including, but not limited to, its logo, shall be immediately stopped by the MERCHANT after receipt of such request from ECOMMBX and/or SKRILL.

21.4. The MERCHANT agrees that SKRILL or its licensors own all right, title and interest, including without limitation all copyright, trademark and other intellectual property rights, in and to the SKRILL Payment Method and all components used in the provision thereof, including without limitation, all software, business methods, business processes, website designs, graphics, text, content, API instructions of SKRILL, trade names, trade secrets and know-how, and all documentation in relation to the foregoing, used in the provision of the SKRILL Payment Method. The MERCHANT will only use SKRILL’s logos, trademarks and other intellectual property rights only with regard the purpose and terms of the Agreement and in accordance with instructions of ECOMMBX and/or SKRILL.

21.5. The MERCHANT agrees to co-operate with ECOMMBX and/or SKRILL and any enquiries or investigation by ECOMMBX and/or SKRILL, its agents or its regulatory authorities and/or other authorities, including cooperation to investigate any suspected illegal or fraudulent activity and to provide ECOMMBX and/or SKRILL with information on the User’s Transactions with the MERCHANT, accurate and complete information and documents requested for the prevention of money laundering and countering the financing of terrorism, both current and historic, provide access to premises, make staff available for interview.

21.6. The MERCHANT agrees that it will not charge (or recharge) the Users any processing fee, markup, surcharge or other fee for purchasing the MERCHANT’s goods or services from the User Accounts and/or for transferring funds from the MERCHANT to such User Account, using the SKRILL Payment Method.

21.7. The MERCHANT acknowledges that any sub-licensed intellectual property rights by ECOMMBX to the MERCHANT, shall be used only with regard the purpose and terms of the Agreement and shall not be sub-licensed by the MERCHANT to any third parties.

21.8. The MERCHANT acknowledges that ECOMMBX and/or SKRILL does not act as a buyer or seller of goods or services bought or sold by MERCHANT, using the SKRILL Payment Method. In case of any dispute with a third party regarding any product or service purchased or sold by the MERCHANT, using the SKRILL Payment Method, SKRILL shall not be a party to any such dispute.

21.9. The MERCHANT agrees that it will do such things or omit to do such things as are required by ECOMMBX and/or SKRILL and are necessary to fulfil ECOMMBX’S obligations, representations and warranties against SKRILL.

21.10. The MERCHANT shall provide the Users with a clear and fair return and refund policy. Upon request, the MERCHANT shall provide to ECOMMBX and/or SKRILL copies of such return and refund policies and shall notify ECOMMBX of any subsequent change to such policies.

21.11. Without prejudice to payments prohibited under the Agreement and SKRILL’s Terms of Use, the MERCHANT shall not use the SKRILL Payment Method for sale of tobacco products, prescription or non-prescription drugs, pornographic content or services, illegal downloads, illegal gambling or goods or services infringing intellectual property rights of a third party, or for any other goods or services the offering or provision of which is illegal under the Applicable Laws.

21.12. The MERCHANT agrees that in case of transfer of funds of the User via the SKRILL Payment Method, any transfer back to that User, up to the amount of the initial transfer of that User’s funds, will only be made using the SKRILL Payment Method and through no other payment method.

21.13. Where a surcharge is set out for SKRILL Transactions in the Service Order, the surcharge shall be applied to SKRILL Pay-in Transactions of Users from the following countries: Albania, Argentina, Armenia, Azerbaijan, Bangladesh, Belarus, Bosnia Herzegovina, Brazil, Bulgaria, Cambodia, Chile, China, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Egypt, Estonia, Georgia, Greece, Hungary, Iceland, India, Indonesia, Israel, Japan, Kazakhstan, Kenya, Korea (South), Kuwait, Latvia, Lithuania, Macedonia, Malaysia, Mexico, Moldova, Montenegro, Nigeria, Oman, Pakistan, Peru, Philippines, Romania, Russia, Saudi Arabia, Serbia, Seychelles, Slovenia, South Africa, Sri Lanka, Taiwan, Thailand, Tunisia, Turkey, Ukraine, United Arab Emirates, Uruguay, Venezuela and Vietnam.

 

22. NETELLER

22.1. Where a surcharge is set out for Neteller Transactions in the Service Order, the surcharge shall be applied to Neteller (i) Pay-in Transactions of Users from the following countries: Albania, Argentina, Armenia, Azerbaijan, Bangladesh, Belarus, Bosnia-Herzegovina, Brazil, Bulgaria, Cambodia, Chile, China, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Egypt, Estonia, Georgia, Greece, Hungary, Iceland, India, Indonesia, Israel, Japan, Kazakhstan, Kenya, Korea (South), Kuwait, Latvia, Lithuania, Macedonia, Malaysia, Mexico, Moldova, Montenegro, Nigeria, Oman, Pakistan, Peru, Philippines, Romania, Russia, Saudi Arabia, Serbia, Seychelles, Slovenia, South Africa, Sri Lanka, Taiwan, Thailand, Tunisia, Turkey, Ukraine, United Arab Emirates, Uruguay, Venezuela and Vietnam, and (ii) Pay-out Transactions to Users from Taiwan.

 

23. APPLE PAY

23.1. Apple Pay services are provided to the MERCHANT in accordance with the Service Order as additional feature of the Card Acquiring Services.

23.2. The MERCHANT agrees to comply with the terms of use of Apple Pay, including Terms and Conditions of Apple Pay available online via https://developer.apple.com/terms/apple-pay-web/ and Apple Pay Best Practice Guide available via https://ecommpay.com/files/partners/applepay-best-practices-guide.pdf and any other applicable documents of Apple Pay as updated and supplied from time to time (the “Apple Pay Terms of Use”). The Apple Pay services shall be integrated into the MERCHANT’s Website/Application and shall be operated strictly in accordance with the Apple Pay Terms of Use.

23.3. The MERCHANT agrees that ECOMMBX forwards all relevant information collected from the MERCHANT to Apple Pay, to the extent reasonably necessary for the provision and improvement of the Apple Pay services.

23.4. The MERCHANT acknowledges that Apple Pay may at any time and without prior written notice make any modifications or updates to its services or the software as stated in the Apple Pay Terms of Use.

23.5. The MERHCANT acknowledges that in addition to any applicable terms and conditions under the Agreement, access to the Apple Pay services may be immediately disabled if the average chargeback rate (excluding adjustments and merchandise returns) exceeds 2% (two percent) over a 30 (thirty) day moving period.

 

24. PAYPAL

24.1. The MERCHANT shall enter into a payment processing agreement directly with PayPal.

24.2. The MERCHANT shall ensure that PayPal services are treated with a level of prominence that is equal to or greater than any other payment method offered or supported. For clarification, the MERCHANT shall place PayPal logos and selection buttons in a manner that ensures their prominence is equal to or greater than all other alternative method(s) of payment.

24.3. The MERCHANT agrees to provide PayPal with Preferred Placement (as defined herein) as the default solution in the MERCHANT’s consumer checkout flow where available, except if it contradicts with other agreements concluded between the MERCHANT and third parties and/or any guidance, opinions, rules or requirements issued by any Regulator in any relevant jurisdiction which are applicable to Partner. “Preferred Placement” means PayPal being presented first among the options displayed for the digital wallet. In a vertically aligned list of options, the first option is the topmost. In a horizontally aligned list of options, the first option is the leftmost. Furthermore, in a horizontally aligned list, Partner agrees that there will be visible separation between PayPal products and the next digital wallet, if present.

24.4. The MERCHANT agrees to update the MERCHANT’s payment wallets settings to (i) enable PayPal checkout as the default payment wallet; and (ii) provide Preferred Placement, globally, for the PayPal Services compared to other payment wallets; and (iii) clearly differentiate between the PayPal Services and other payment wallets.

 

25. OPEN BANKING

25.1. OPEN BANKING is a Payment Method whereby the Payment Method Provider provides a payment initiation service to the User who initiates a credit transfer to the MERCHANT’s Settlement Account or to ECOMMBX, as the MERCHANT elects. Where the Parties have not agreed that ECOMMBX receives the funds from the Users’ credit transfers, the credit transfers shall be executed directly to the MERCHANT’s Settlement Account.

25.2. ECOMMBX undertakes to (i) provide the MERCHANT’s Settlement Account details to the Payment Method Provider, where a direct transfer to the MERCHANT from the User takes place, and (ii) pass on to the MERCHANT the information from the Payment Method Provider whether Transactions have been successfully initiated. The MERCHANT acknowledges that the execution of the User’s credit transfer is the responsibility of the User’s payment service provider.

 

26. DOKU

26.1. The MERCHANT agrees to comply with all ECOMMBX’s reasonable instructions and requests, in particular with respect to the manner of using the DOKU Payment Method, the investigation of offences and/or the migration to newer technologies.

26.2. The MERCHANT undertakes to ensure that its business line and products/services sold are not against, do not violate and are not contrary to any applicable laws and regulations, as well as not prohibited under Indonesian laws and regulations, including, but not limited to: (i) drugs including, but not limited to the narcotics; (ii) products/services that in the opinion of the Payment Method Provider could potentially incite hate, violence, racial anger, or terrorism; (iii) products/services violating copyright, trademark, rights of publicity or privacy rights or other intellectual property rights; (iv) products/services containing pornographic material; (v) products/services related to gambling or betting; (vi) products/services related to human trafficking and trade of protected endangered animals; and (vii) products/services related to weapons, military equipment, and explosives.

26.3. The MERCHANT must use its best endeavours to ensure that all Transactions are authentic and legitimate.

26.4. Refunds for non-Card (Doku Wallet, Virtual Account, Convenience store) Transactions will only be refunded to the User via bank account or DOKU Wallet.

26.5. For refunds to a bank account, there is a limitation of maximum IDR 25 000 000 (twenty-five million Indonesian Rupiah) per daily refund disbursement.

26.6. For refunds to DOKU Wallet, limitations are as follows: (i) maximum balance of IDR 2 000 000 (two million Indonesian Rupiah) for Users who have not been verified through Know Your Customer (KYC) process; (ii) maximum balance of IDR 10 000 000 (ten million Indonesian Rupiah) for Users who have been verified through KYC process; (iii) limited maximum turnover in the 30-day period in the amount of IDR 20 000 000 (twenty million Indonesian Rupiah) for both Users mentioned in points (i) and (ii).

 

27. GOOGLE PAY

27.1. Google Pay services are provided to the MERCHANT in accordance with the Service Order as an additional feature of the Card Acquiring Services.

27.2. The MERCHANT agrees to comply with the Google Pay API Terms of Service available via https://payments.developers.google.com/terms/sellertos/v1_7 and any other applicable documents of Google Pay as updated and supplied from time to time.