These terms ("Payment Gateway Terms and Conditions") supplement the General (Account Holder) Terms and the User Terms, which together govern the use of the Tazapay Services. Section 21 (Regional Terms) of the General (Account Holder) Terms apply based on Account Holder's Tazapay Account Country. Capitalized terms that are not defined in these Payment Gateway Terms have the same meanings given to them in the General (Account Holder) Terms or the User Terms.
In this Appendix 1, the following words and expressions shall have the following meanings:
"APM" means alternative Payment Method, which includes local payment providers or rails.
"Authorisation" means an action taken by the Account Holder which grants explicit consent or permission for the Transaction to be executed, using the Tazapay Dashboard, interface, or API.
"Bank Reversals" means the process of returning money initiated by the Customers' bank, typically due to suspected fraud and/or insufficient money.
"Card Network" refers to any given payment network which facilitates payments on cards, whether credit or debit, such as Visa, MasterCard, or American Express.
"Card Network Rules" means the guidelines, bylaws, rules, agreements and regulations imposed by the financial services providers that operate Card Networks supported by Tazapay from time to time (including the payment card scheme operating rules for Visa, MasterCard, or American Express).
"Card Schemes" means regulated financial institutions or programme sponsors, including BIN sponsors, issuing banks and acquiring banks, that are members of or participants in a Card Network and that facilitate card-based payment transactions pursuant to a sponsorship, issuing or acquiring arrangement under the applicable Card Network Rules.
"Chargeback" means a payment Refund initiated by a Customer of the products or services directly or through the intermediating parties that were involved in processing of the original payment.
"Co-Branded Checkout Experience" refers to the agreement between Tazapay and the Account Holder to prominently display the branding elements (trademarks, logos or other IP) of both Tazapay and the Account Holder as part of the customised online checkout process, which shall be valid only for the duration that the Account Holder remains active on Tazapay.
"Customer" refers to an individual or entity accessing or utilising the Tazapay Services to purchase goods or services of a Merchant or Account Holder.
"MOR" means Merchant On Record, or the entity that is recorded as the authorized collection and processing agent for Transactions.
"Payment Initiation" means the act of transmitting, submitting or otherwise commencing the process of a transaction, be it by way of a payment instruction, directly or on behalf of a payment service provider or other financial institution, for the purpose of effecting a Payment in relation to the Tazapay Payment Gateway.
"Payment Method" means any one type of method of paying for a Transaction, for example, a bank transfer, credit cards or debit card or your Tazapay Account.
"Pre-Chargeback Services" shall have the meaning as defined at section 10.5.1 below.
"Refund" means a full or partial reversal of a particular Transaction, whereby money is reimbursed to the Customer on a voluntary basis.
"Regional MOR" shall have the meaning as set out in section 3.4 below.
"Scheme Rules" shall mean the guidelines, bylaws, rules, agreements and regulations imposed by the financial services providers that operate any Payment Methods supported by Tazapay from time to time
"Settlement Currency" refers to the currency designated by Tazapay (or otherwise agreed in writing between Tazapay and the Account Holder) in which all amounts payable under or in relation to this Agreement are to be calculated, denominated, irrespective of the currency under which any underlying transaction is initiated or recorded in.
"Supplemental MOR Terms" shall mean the additional terms, conditions, and requirements applicable to any individual or entity acting as a supplemental or secondary merchant on record.
"Tazapay Dashboard" means the web based or application based interface made available by Tazapay to the Account Holder and/or the User, which shall allow the Account Holder and/or the User to access, manage or otherwise utilise the Tazapay Services.
"Tazapay Payment Gateway" shall have the meaning as set out in section 2 below.
"Tazapay Plugins" means pre-built software components that enable Account Holders to integrate the Tazapay Payment Gateway into their online stores to facilitate the acceptance of various global payment methods.
"Transaction Limit" refers to a minimum or maximum threshold governing the parameters for the execution of a Transaction.
"Transaction Reversal" means the process of returning money to the relevant parties following a completed Transaction. This may be due to Refunds, Chargebacks or Bank Reversals.
Reference to the singular includes a reference to the plural and vice versa. Terms not otherwise defined in this Appendix 1 shall have the same meaning as are found in the General (Account Holder) Terms. Where there are discrepancies between definitions in this Appendix and the General (Account Holder) Terms, the definition in this Appendix shall prevail.
The Tazapay Payment Gateway (or "Tazapay Checkout") is a platform that enables Account Holders to accept payments from their Customers by processing transactions through approved Payment Methods (i.e. cards, wire transfers, alternative payment methods) globally.
Tazapay Checkout does not require the Account Holder to possess a local entity in order to settle in multiple local payment methods and different currencies. Further, Tazapay Checkout offers a Dashboard on which Account Holders can monitor transactions and manage settlement.
Integration. Tazapay Checkout may be integrated with the Account Holders' business through the use of API integration and/or low-code solutions. API integration allows the Tazapay Payment Gateway to be seamlessly integrated into the Account Holder's existing website, portal, gateway or otherwise, allowing for a consistent Account Holder experience.
Tazapay Checkout also offers low code and/or no-code solutions for businesses seeking quick and straightforward payment integration. This includes, without limitation, the following:
Generation of customisable payment links that may be shared by way of email, SMS or other social media, enabling the Account Holders' business to request for payments easily; or
Installation of Tazapay Plugins.
Co-Branded Checkout Experience. The Tazapay Payment Gateway may also be part of a Co-Branded Checkout Experience, with both parties being featured prominently, regardless of whether the Account Holder chooses to list payment methods on a website hosted by the Account Holder or on a website hosted by Tazapay.
Unless otherwise agreed in writing, the Account Holder appoints Tazapay as its MOR. When acting as the MOR, Tazapay shall be responsible for facilitating the acceptance of payments, settlement, and related processing services on behalf of Account Holder.
Account Holder remains the principal in the underlying Transaction while the MOR does not assume any financial, legal, or regulatory compliance obligations associated with the Transaction to the extent permitted by Applicable Law. Section 18 (Liability) of the General (Account Holder) Terms continues to apply.
All rights and obligations, including liabilities, fees, and taxes which arise from the Transactions processed by the MOR shall accrue to and be payable by the Account Holder.
Supplemental MOR Terms. Depending on the Payment Method, Customer location, or applicable regulatory and/or Card Scheme requirements, Tazapay Checkout may be provided to you by an additional Tazapay entity (the "Regional MOR"), delegated to act as an MOR (in its capacity as Commercial Agent or Agent of the Payee, or otherwise as defined in the applicable Supplemental MOR Terms), as set forth in Schedule B.
Account Holder warrants that Tazapay Checkout will only be used in connection with lawful purposes and corporate entities. The Account Holder further understands and accepts that Tazapay Checkout will be used solely for the purpose of processing payments for underlying goods and services. Any use of Tazapay Checkout for transactions without an underlying good and/or service shall be deemed to be outside the scope of this Agreement and constitutes a material breach of this Agreement. Account Holder understands that their use of Tazapay Checkout must be bound by and comply with the following terms or policies which govern the use of the Tazapay Services:
General (Account Holder) Terms;
User Terms; and
Privacy Policy.
Using the Tazapay Services to accept a Payment Method or submit a Transaction constitutes that you accept the applicable rights, and obligations as set out in the aforementioned policies, including FX rates, Terms, and taxes.
Prohibited Use. In relation to the Tazapay Checkout, Account Holder must not, and must not permit any User or third party to:
use the Tazapay Dashboard, API, and/or other software or technology provided by Tazapay to facilitate a transaction in a Prohibited Industry, to transact in their individual capacity rather than on behalf of the Account Holder, or in breach of any term of the General (Account Holder) Terms, the User Terms, and these Appendices;
use the Tazapay Dashboard, API, and/or other software or technology provided by Tazapay for any purpose other than facilitating Transactions in accordance with this section 4;
resell, rent, lease, or distribute the Tazapay Dashboard, API, and/or other software or technology provided by Tazapay, except where expressly authorized by Tazapay in writing;
copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the Tazapay Dashboard, API, and/or other software or technology provided by Tazapay; and
attempt to bypass any security measures in the Tazapay Dashboard, API, and/or other software or technology provided by Tazapay.
In using the Tazapay Payment Gateway, and without prejudice to any of the terms in the General (Account Holder) Terms or User Terms, Account Holders hereby represent that they understand and agree to the following:
Tazapay Checkout supports multiple Payment Methods, each of which may be governed by their own Scheme Rules or Card Network Rules. Account Holder agrees to be bound by such Scheme Rules and or Card Network Rules. Tazapay reserves the right to add or remove any given Payment Method from the Tazapay Checkout at its sole and absolute discretion.
Foreign Exchange. Tazapay may apply a currency conversion fee to Transactions. Tazapay will convert the money in line with section 10 (Foreign Exchange) of the General (Account Holder) Terms.
Card Network Rules. When accepting payment card Transactions, Account Holder must comply with all applicable Card Network Rules, including, but not limited to, the Visa Rules specified by Visa, the Mastercard Rules specified by Mastercard, and the American Express Merchant Operating Guide specified by American Express. Account Holder must not split payment for a single transaction into multiple Transactions except as expressly permitted. Each Card Network may amend its Card Network Rules at any time without notice to Account Holder.
Security Programs. Account Holder must comply with the Card Networks' security standards, requirements and programs (e.g., the PCI DSS), and all Card Network Rules governing the privacy, protection, and Account Holder's use, storage and disclosure of data.
Fines. Account Holder agrees to be liable for all fines that accrue on cards which operate on a Card Network.
Audit and Forensic Investigations. A Card Network may initiate audits and forensic investigations in accordance with its Card Network Rules. Account Holder must fully cooperate with these audits and forensic investigations. This subsection 5.4.4 will survive termination of this Agreement.
Restrictions.
Cash Refunds. Account Holder must not provide cash Refunds for a completed Transaction made with a payment card, unless required by Applicable Laws. Account Holder must not use Tazapay Services for any transaction for a cash disbursement or purchase of cash vouchers without approval from Tazapay. Account Holder must not permit Users to use payment cards to disburse cash to a third party, except to the extent the Card Network Rules permit.
Surcharging. The Card Network Rules limit Account Holder's ability to (i) discriminate by payment card brand or type and (ii) charge surcharges or other fees, or Taxes for acceptance of payment cards. Except to the extent the Card Network Rules or Applicable Laws permit, Account Holder must not charge surcharges, other fees, or taxes for accepting payment cards. Account Holder must notify Tazapay at least 60 days before Account Holder intends to charge these fees or Taxes and must collect them only as part of the submitted amount of the Transaction.
Use of Payment Card Account Data. Account Holder must not request or use a payment card account number for any purpose other than for a Transaction. Customer may only use payment card account numbers and payment card Transaction data in compliance with Applicable Laws, the Card Network Rules and this Agreement. Account Holder must not store the card verification value (or similar security code) data after card authorization.
Non-Disparagement. Account Holder and its Users must not disparage any Card Network or any of their services, or submit any Transaction that harms any Card Network.
An instruction to effect a Transaction or Payment by way of a bank or wire transfer shall be irrevocable and binding on the Account Holder once it is accepted and credited to an Account or Account Holder's bank account.
Account Holder bears responsibility of ensuring accuracy of any information in relation to the money transfer and rectifying any discrepancies where applicable as soon as possible. Account Holder understands that clearing delays shall be possible when effecting bank or wire transfers and that Tazapay will not be held liable for any such delays.
In the event of Bank Reversals, Account Holder is liable to provide evidence to contest the Bank Reversal.
Tazapay Checkout accepts local payment methods, including but not limited to PromptPay, PayNow, UPI and GCash as part of its offerings. Where Payments or Transactions are effected using an APM, such Payments or Transactions and the Account Holder shall be subject to the applicable rules, requirements, guidelines, operating regulations, and dispute procedures issued by the relevant APM provider, scheme, or network, as amended from time to time.
Account Holder will be liable for Customer disputes and claims arising from Payments and Transactions effected through APMs, including but not limited to Refund Claims, a Technical Breakdown or downtime of the APM, customer handling processes, and settlement delays.
In the event of any conflict between these Terms and Conditions and the applicable Scheme Rules or Card Network Rules, the Scheme Rules or Card Network Rules shall prevail with respect to the relevant APM transaction.
Tazapay reserves the right to implement Transaction Limits different from that of the Payment Method, at its sole discretion.
Transaction Limits may be based on factors such as the Account Holder's business type, the relevant industry risk profile, the Account Holder's risk profile, and/or other regulatory considerations.
Where there is a change in Transaction Limits for an Account Holder, Tazapay will take reasonable efforts to notify the Account Holder.
Tazapay will endeavour to process Payment Transactions and Settlements within commercially reasonable periods. However, actual processing time may vary based on factors such as, without limitation, the payment method, jurisdictions involved, and intermediaries used.
The settlement period for the collection, conversion and settlement of such Transactions may vary significantly from time to time due to market conditions not within the control of Tazapay.
For the avoidance of doubt, Tazapay does not guarantee that all Transactions will be processed within any particular timeframe, and Tazapay shall not be liable for any losses, damages or otherwise arising from delays in the processing of the Transaction.
You are obliged to pay all Service fees and Assessments on the Tazapay Checkout as they accrue to you or your Account, according to the Fees and Assessments Schedule A. Tazapay will notify you in accordance with section 23 (Communications and Notices) of the General (Account Holder) Terms when fees and Assessments arise.
Account Holder will be fully liable for any loss incurred as a result of Card Scheme rules, bank mandates, Customer Refunds or Bank Reversals.
You agree to pay us a PCI SSC Standards non-compliance fee or its equivalent (as determined and communicated to you by Tazapay) for each month in which you are not compliant with the PCI SSC Standards or its equivalent issued by the Networks or Local Payment Provider.
Tazapay may collect fees, taxes, Chargebacks, Assessments, and other amounts Account Holder owes to Tazapay under this Agreement, or under any other agreement with a Tazapay Entity, when due.
Where the Account Holder uses Tazapay Checkout and/or Global Collection Accounts and has not enabled Tazapay Payouts (as described at section 1.6.3 above), Tazapay Checkout supports aggregated settlement of all Payments which are due to be settled to one Account Holder across User Accounts. Such aggregated settlement shall be net of any applicable Transaction fees, FX fluctuations, and Reserves.
Where the Account Holder is a E-money Account Holder, such aggregated settlement of app Payments is not supported.
Tazapay will notify Account Holder of when aggregated settlement has been effected, and timelines for such a notification will be provided to the Account Holder.
FX fluctuations may apply where the Settlement Currency differs from the currency of the Payment Initiation.
Account Holder agrees to bear liability for any and all costs associated with the Settlement, including but not limited to, FX fluctuations, Transaction fees, Reserves, and any other charges incurred in connection with the settlement process.
When a Customer purchases any products and/or services through the use of Tazapay Services, the Customer may be eligible for coverage and entitled to receive a full refund under Tazapay's Buyer Protection if certain conditions are met, as set out below.
A refund claim may be initiated by sending an email to [email protected] and providing the relevant claim details and Transaction details. Tazapay determines, in its sole discretion, whether the Customer's claim qualifies for Buyer Protection. The Company's determination is considered final, but a Customer can file an appeal with the Company if they have new or compelling information not available at the time of original determination or if they believe that there was an error in the decision-making process.
Notwithstanding the above, the Customer may be required to return the products and/or services as part of the settlement process. For the avoidance of doubt, Buyer Protection does not extend to shipping costs that may be incurred.
The Account Holder hereby understands and accepts that Tazapay may recover from the Account Holder any costs, expenses, fees or charges reasonably incurred by Tazapay in connection with the determination and/or the resolution of the Transaction subject to Buyer Protection by way of deduction from the Account Holder's Account balance or otherwise as may be determined by Tazapay.
Account Holder must maintain and make available to Customers a fair and neutral Refund and exchange policy, and clearly explain the process by which Customers can receive a Refund.
Account Holder agrees to bear liability for any Refunds claimed by their Customers. These include, but are not limited to claims made under Buyer Protection. Such Refunds will be processed at the Account Holder's expense as may be mandated by applicable payment schemes, regulatory authorities, or financial institutions.
Account Holder shall bear all costs associated with the Refund, including but not limited to, FX fluctuations, Transaction fees, and any other charges incurred in connection with the Refund process. In the event of a Transaction Reversal or Refund, the conversion rate that will be used to calculate the Refund will be the rate in effect at the time of the Refund.
Tazapay may refuse to act upon a Refund instruction, or delay executing the instruction, if Account Holder is the subject of an Insolvency Event, if it would cause a negative balance in Account Holder's Tazapay Account, or if Tazapay believes that there is a risk Account Holder will not meet its liabilities under this Agreement.
Tazapay may initiate a Transaction Reversal if:
the Payment Method provider invalidates the Transaction;
Account Holder receives money in error for any reason;
Account Holder was not authorized to accept the Transaction;
Account Holder receives money related to activities that violate this Agreement, Applicable Laws or Financial Provider Terms;
a Payment Method Provider or Payment Method Acquirer requires Tazapay to do so under the applicable Financial Provider Terms;
Account Holder is liable for a Buyer Protection claim; or
in the circumstances as set out in relation to the use of the Pre-Chargeback Services.
You agree that each Chargeback represents a debt immediately due and payable by you to us.
Tazapay is entitled to debit any losses, fees, or hold any reserves in the event of chargebacks in accordance with section 8 (Bank Accounts, Fees, Charges, Taxes, Deductions, Reconciliation and Set-Off) of the General (Account Holder) Terms, section 6 of this Appendix 1 (Fees (Checkout-Specific)), and the Fees and Assessments Schedule A from Account Holder or as may otherwise be agreed in writing.
You acknowledge and agree that you are required to reimburse Tazapay for Chargebacks in circumstances where you have accepted payment in respect of the relevant Transaction, even if you are under no legal liability in respect of the supply of the goods or services concerned. To the extent permitted by Applicable Law, we shall notify you as soon as reasonably practicable of any applicable Chargebacks and Chargeback fees or costs which have occurred or been incurred.
Any Chargebacks for which you are required to reimburse us shall correspond to the whole or part of the Transaction value in the currency of the original Transaction. Unless you have an account with us in the currency in which the Chargeback is charged, the Chargeback amount may be converted to the Settlement Currency from the currency of Chargeback at the exchange rate quoted to us or as we otherwise determine.
We may, in our sole discretion, require you to use pre-Chargeback services ("Pre-chargeback Services") based on the Chargeback ratio or other risk factors of your transactions. The Pre-chargeback Services allow you to automatically Refund certain disputed transactions to the Customer. You are required to use Pre-chargeback Services, and we will provide you, during your onboarding with us and/or from time to time during your use of Tazapay Checkout, with a notice and specify the thresholds applied to automatic Refunds. Where your use of Tazapay Checkout does not meet such thresholds (as determined and confirmed at Tazapay's discretion), you may opt out of Pre-chargeback Services with the explicit approval of Tazapay. Additionally, you agree to pay the relevant service fees ("Pre-chargeback Service Fees").
You acknowledge the Pre-chargeback Services are ultimately provided by Affiliates of Card Schemes or other third parties, risk for which Tazapay will not be held liable.
You acknowledge and agree that we may set up, configure, change or update thresholds or other parameters in relation to each Pre-chargeback Service. Any changes or updates to the Pre-chargeback Parameters made by us shall become effective immediately and notified to you thereafter.
You authorise Tazapay to share any Customer's data with the Pre-chargeback Service Providers where they request such data in connection with their provision of the Pre-chargeback Services.
In the event that you wish to dispute a Chargeback, it is your responsibility:
to prove to our reasonable satisfaction (which shall be conditional upon the relevant Card Network Rules or APM, as the case may be, confirming it is satisfied) that the Card Transaction had been authorised by such Customer; and
Additionally, to provide us with such other evidence as we or any Card Network Rules or APM may require you to provide in support of your claim. The evidence required to be provided will depend on, among other things, the nature of the Chargeback, and may vary accordingly.
Subject to the Card Network Rules, we shall not be obliged to investigate the validity of any Chargeback or assessment of such Chargeback. You acknowledge and agree that any decision or determination of the relevant Network or APM as to the validity and extent of any Chargeback and/or assessment of such Chargeback shall be final and binding.
As Chargebacks may arise a considerable period of time after the date of the relevant Transaction, you acknowledge and agree that, notwithstanding any termination of these Terms for whatever reason, we shall remain, without prejudice to clause 7, entitled to:
use Pre-chargeback Services on your behalf to process pre-chargeback requests in relation to Transactions effected during the term of these Terms and recover Pre-chargeback Service Fees or other relevant costs from you (and, where relevant, from any Person who has provided us with a guarantee or security relating to your obligations under these Terms); and
recover Chargebacks and Chargeback costs from you (and, where relevant, from any Person who has provided us with a guarantee or security relating to your obligations under these Terms) in respect of all Chargebacks that occur in relation to Transactions effected during the term of these Terms.
If you wish to dispute a Chargeback or assessment, you will do so in accordance with the applicable procedure set out in the Card Network Rules. In the case of a disputed Chargeback or assessment of such, you must provide us within any specified timeframe with the evidence required by us, the Card Scheme or the APM.
We will apply a Chargeback fee as set forth in the Fees and Assessments Schedule to any Chargeback.
We may suspend all or part of the Services if the ratio of Chargebacks to Transactions is excessive or we otherwise consider, in our sole and absolute discretion, that the total volume or value of Chargebacks is excessive.
Account Holder is solely responsible for:
the nature and quality of the goods and services Account Holder provides (or if Account Holder accepts donations, the intended use of those donations);
ensuring each order is satisfactorily fulfilled;
Compliance with all Applicable Laws as is defined in section 2 (Definitions and Interpretation) of the General (Account Holder) Terms;
compliance with section 4 (Scope of Use) above; and
providing support to Customers regarding all issues related to Account Holder's goods and services and business activities, including delivery, Refunds, returns, and for all other ancillary services Account Holder provides to Customers.
When using the Tazapay Services, Account Holder must:
accurately communicate and not misrepresent the nature, amount and currency of each Transaction prior to submitting it for processing;
provide a meaningful way to contact Account Holder in the event that Account Holder's goods or services are not provided as described;
not use the Tazapay Services to sell goods or services in a manner that is unfair or deceptive, exposes Customers to unreasonable risks, or does not disclose material terms of a purchase in advance;
inform Customers that Tazapay and, if applicable, its Affiliates, process Transactions for Account Holder;
if Account Holder is collecting authorizations electronically, ensure that Customers consent to electronic signatures and delivery of communications in accordance with Applicable Law;
only process Transactions on the website/URLs disclosed to Tazapay prior to processing such Transactions. Lack of prior disclosure may result in Assessments as described in the Fees and Assessments Schedule A;
Account Holder must provide the disclosures Applicable Laws require, and must not engage in unfair, deceptive, or abusive acts or practices. Lack of prior disclosure may result in Assessments as described in the Fees and Assessments Schedule A; and
Account Holder must comply with section 7.6 of the General (Account Holder) terms, with regard to responding to RFIs for any Transaction.
Account Holder agrees to be bound by and comply with any terms and conditions, rules or policies imposed by any Card Network, Card Scheme, partner bank and other service provider or sub-processor who is part of the Tazapay Services. Account Holder agrees to be held fully liable for any loss incurred as a result of non-adherence to such Scheme Rules, Card Network Rules, or bank mandates.
Account Holder must make Customer service information readily available to Account Holder's Customers, including clear instructions on how Account Holder's Customers can contact Account Holder by email and telephone.
Account Holder is responsible for resolving any disputes between Account Holder and Customers related to Account Holder's use of Tazapay Services.
Account Holder must offer each Customer a complete and accurate receipt for each Transaction. In certain markets, Tazapay, or its Affiliates, may be required to issue a transaction receipt to the Customer or its banking partners. Tazapay will issue such receipts based on information provided by the Account Holder captured by the Platform. Such receipts, if issued, will be binding on the Account Holder.
Account Holder is also responsible for sending the confirmation notification to the Customer at the time that a Transaction from the relevant Card Network or APM has been completed. A Transaction will be considered completed if the Payment Method selected has not been blocked for any reason, there is sufficient money available for the relevant Transaction, and that such a Transaction otherwise meets the requirements by the relevant Network or Local Payment Provider to be authorised.
If Account Holder believes Customer's Card has been lost or stolen or there are incorrectly executed, defective, or unauthorised transactions on Customer's Card or Tazapay Account, Account Holder must immediately:
report any unauthorised Transactions to Tazapay by filing a dispute through the Tazapay Dashboard; and
cancel any compromised Cards through the Tazapay Dashboard. Disputing an incorrectly executed, defective, or unauthorised Transaction will not cancel a Card.
Account Holder may incur additional liability if Account Holder fails to cancel a compromised Card through the Tazapay Dashboard.
If Account Holder believes that a Customer's Card or Customer's Account was subject to an incorrectly executed, defective, or unauthorised charge, Account Holder may contact the Card Scheme and or Tazapay (where Tazapay is acting as Merchant) to resolve the dispute regarding the relevant Transaction.
If Account Holder is unable to resolve the dispute with the Customer, then Account Holder must notify Tazapay of the incorrectly executed, defective or unauthorised Transaction through Account Holder's Tazapay Dashboard. Account Holder must notify Tazapay of an incorrectly executed, defective, or unauthorised Transactions to Tazapay without undue delay, and no later than 13 months from the date the Transaction appears on Account Holder's Tazapay Account.
When Account Holder notifies Tazapay of an incorrectly executed, defective, or unauthorised Transaction through the Tazapay Dashboard, Tazapay will evaluate the submitted information in accordance with Law and the Card Network Rules.
If Tazapay determines, in its sole discretion, that the Transaction was incorrectly executed, defective, or unauthorised, due to a fault with the Tazapay Services, Tazapay will credit the amount of the applicable Transaction back to Account Holder's Tazapay Account.
If Tazapay fully or partially credits the amount of a Transaction to the Account Holder's Account, the Account Holder shall, to the extent permitted by Law, assign to Tazapay and/or procure that Tazapay is subrogated to all rights, claims and causes of action that the Account Holder may have in respect of that Transaction against any third party, including the Customer, the relevant Card Network, Card Scheme, issuing bank, acquiring bank, or other payment service provider, and shall execute such documents and take such actions as Tazapay may reasonably require to give effect to such assignment or subrogation.
In all other cases, where Tazapay determines that the incorrectly executed, defective, or unauthorised Transaction was not due to a fault with the Tazapay Services, such as an error in handling an instruction, misuse, or unauthorised access, the Account Holder will be held liable for said Transaction.
Buyer Protection. Tazapay shall not be liable for Customer Claims or fees involving the nature and quality of the goods, such as on stolen, damaged, broken, or otherwise unsatisfactory goods which validly qualify for Buyer Protection. The Account Holder shall process and absorb all losses arising from such Claims.
Chargebacks, Claims, FX. Tazapay shall not be liable for any Chargebacks, losses arising from FX, Refunds, Bank Reversals, or associated fees. Losses arising from such scenarios shall first be passed on to the Account Holder's Platform or Account.
Liability for Unauthorised Transactions. Tazapay will not be liable for any dispute where Account Holder:
accepted a Card as payment for an unauthorised purpose or either intentionally or as a result of gross negligence, the Customer failed to use the Card in accordance with the terms of this Agreement or the Acceptable Use Policy, User Terms; or
Customer or Account Holder failed to immediately notify Tazapay of the Card becoming lost, stolen or misappropriated.
If Tazapay reimburses Account Holder for an unauthorised Transaction and subsequently determines that the relevant Transaction was duly authorized and correctly executed or Tazapay is otherwise not liable for the Transaction, Tazapay may recoup or set off an amount equal to that reimbursed amount from Account Holder's Tazapay Account.
Tazapay agrees to be held liable only for processing errors which are causatively traceable to technical or operational flaws in the Tazapay Services. In any event, the limitation on liability clause at section 18 (Liability) of the General (Account Holder) Terms applies to Tazapay in relation to the Tazapay Checkout.
Tazapay may share information about Account Holder's Tazapay Account with other third parties as Tazapay reasonably believes necessary to verify Account Holder's eligibility to use the Tazapay Services, establish any necessary accounts or credit with Financial Providers, monitor Transactions and other activity, conduct risk management and compliance reviews, and take any other actions as may be necessary to enable Tazapay to provide the Tazapay Services to Account Holder.
Tazapay may also share data with its APM Providers, Service Providers, Card Schemes, or other third parties who may use and share this data, for the purpose of managing a dispute, assessing Account Holder's compliance with Service Provider, Card Network Rules and facilitating Compliance with Law, Payment Method Rules and Payment Method Terms.
Account Holder waives its right to bring any claim against Tazapay arising from Tazapay sharing information about Account Holder or Account Holder's group or Affiliate entities with Payment Method Providers and Payment Method Acquirers, including any inclusion on a terminated merchant list that results from this sharing. Tazapay may periodically review Account Holder's Tazapay Account information to verify that Account Holder is eligible to use the Tazapay Services.
Where the Parties agree on providing a Co-Branded Checkout Experience, each party shall grant the other party a limited, conditional, revocable, royalty-free, non-assignable, non-transferable, and non-exclusive license to use the other party's IP.
Such use shall solely be for the purpose of providing the Co-Branded Checkout Experience, including but not limited to the implementation and promotion of the Co-Branded Checkout Experience.
