Terms of Service
1. Our service
2. Our Software
We provide the Pagsmile API and other software to enable you to use the Service. We reserve the right to require you install or update any and all software updates to continue using the Service. Our Service also includes software to help you manage recurring and subscription billing charges for your products and services. It is your responsibility to obtain your customers' consent to be billed on a recurring basis in compliance with applicable legal requirements and Card Network payment rules.
3. Authorization for Handling of Funds
By accepting this agreement, you authorize us to hold, receive, and disburse funds on your behalf when such funds from your payment transactions settle from the payment partners. You also authorize Pagsmile to hold settlement funds in a deposit account pending disbursement of the funds to you in accordance with the terms of this contract. You agree that you are not entitled to any interest or other compensation associated with the settlement funds held in the deposit account pending settlement to your designated deposit account, that you have no right to direct that deposit account, and that you may not assign any interest in the deposit account. We will display the anticipated settlement in the admin dashboard that we have or are set to receive on your behalf. This settlement information does not constitute a deposit or other obligation of Pagsmile to you. This settlement information reflected in the Pagsmile management dashboard is for reporting and informational purposes only, and you are not entitled to, and have no ownership or other rights in settlement funds, until such funds are credited to your designated deposit account. Your authorizations set forth herein will remain in full force and effect until your Pagsmile account is closed or terminated.
4. Payment methods
We provide a global payment solution through a large range of payment methods, such as ewallets, direct debit, bank transfers, cash payment, prepaid cards.
It is your responsibility to determine what, if any, taxes apply to the sale of your goods and services and/or the payments you receive in connection with your use of the Service ("Taxes"). It is solely your responsibility to assess, collect, report, or remit the correct tax to the proper tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. You acknowledge that we may make certain reports to tax authorities regarding transactions that we process and merchants to which we provide card payment services.
6. Your Data Security
You are fully responsible for the security of data on your website or otherwise in your possession. You agree to comply with all applicable governmental laws and rules in connection with your collection, security and dissemination of any personal, financial, payment, or transaction information (defined as "Data") on your website. You are also responsible for your login credentials to the Pagsmile management dashboard. Pagsmile will provide its best efforts in order to keep your account secure from fraudulent logins.
7. Our Security
8. Audit Right
If we believe that a security breach or compromise of data has occurred, Pagsmile may require you to have a third party auditor that is approved by Pagsmile conduct a security audit of your systems and facilities and issue a report to be provided to Pagsmile, financial banks, and our payment systems.
9. Your Privacy
10. Privacy of Others
You represent to Pagsmile that you are in compliance with all applicable privacy laws, you have obtained all necessary rights and consents under applicable law to disclose to Pagsmile, or Pagsmile to collect, use, retain and disclose any User Data that you provide to us or authorize us to collect. As between you and Pagsmile, you are solely responsible for disclosing to your customers that Pagsmile is providing payment services for you and obtaining Data from you about such customers.
11. Restricted Use
You are required to obey all laws, rules, and regulations applicable to your use of the Service (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising). In addition to any other requirements or restrictions set forth in this Agreement, you shall not: (i) utilize the payment options as a way to advance money to users via payment methods, (ii) submit any payment transactions for processing that did not arise from your sale of goods or service to a buyer customer, or acceptance of a bona fide charitable donation, (iii) act as a payment intermediary or aggregator or otherwise resell our services on behalf of any third party, (iv) send what you believe to be potentially fraudulent authorizations or fraudulent payment transaction, or (v) use Pagsmile in a manner that our payment partners believe you are abusing Pagsmile's services and violate the applicable rules. You further agree not to, nor to permit any third party to, do any of the following: (i) access or attempt to access Pagsmile systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way material from Pagsmile; (iii) permit any third party to use and benefit from the Service via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble or otherwise reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service, prevent access to or use of the Service by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the Service except as expressly allowed under this section.
12. Suspicion of Unauthorized or Illegal Use
We reserve the right to not authorize or settle any transaction you submit which we believe is in violation of this Agreement, any other Pagsmile agreement, or exposes you, other Pagsmile users, our processors or Pagsmile to harm, including but not limited to fraud and other criminal acts. You are hereby granting us authorization to share information with law enforcement about you, your transactions, or your Pagsmile Service Account if they request it through a court order or if it is deemed illegal by Hong Kong government.
13. Disclosures and Notices
You agree that Pagsmile can provide disclosures and notices regarding the Service to you by posting such disclosures and notices on our website, emailing them to the email address listed in your Pagsmile account, or mailing them to the address listed in your Pagsmile Merchant Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered.
If you receive information about others, including Cardholders, through the use of the Service, you must keep such information confidential and only use it in connection with the Service. You may not disclose or distribute any such information to a third party or use any such information for marketing purposes unless you receive the express consent of the user to do so. You may not disclose payment information to any third party, other than in connection with processing a payment for your users under this Service.
14. References to Our Relationship
You agree that, from the time you begin processing payment with Pagsmile until you terminate your account with us, we may identify you as a customer of Pagsmile. Neither you nor we will imply any untrue sponsorship, endorsement or affiliation between you and Pagsmile.
The information contained in this website is for general information purposes only. The information is provided by Pagsmile and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Pagsmile. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Pagsmile takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.