The provisions of the Merchant Agreement and the Terms shall be construed harmoniously. However, in the event that there is any conflict between the provisions of the Terms and the Merchant Agreement, the provisions of the Merchant Agreement shall take precedence.
Please read these terms carefully before using this service:
Your use of BoxPay Online Service and Products (“Services”) is subject to these terms, without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of. Your agreement with BoxPay will always include at a minimum, the terms and conditions set out in this document. In order to use the Services, you must first agree to the terms. You may not use the Services if you do not accept the terms
1. BoxPay provides an orchestration and routing technology services through ‘software as a service’ platform along with certain other services as available from time to time on its portal. Such services help you process online payments made by various modes, including credit cards, debit cards and other card payments. However, it is imperative to note that BoxPay is not a bank or a Non Banking Financial institution, and does not represent or warrant that it seeks to or is capable of providing services for banking and allied activities.
2. BoxPay provides APIs and other software for use by its users, and will attempt to continuously innovate in order to provide the best possible Services for its users. You acknowledge and agree that the form and nature of the Services which BoxPay provides may change from time to time. BoxPay may make it mandatory for the user to adopt new software procedures, install new software or update the same.
3. You acknowledge and agree that BoxPay may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at BoxPay's sole discretion.
4. BoxPay shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the Services or the discontinuation altogether thereof. BoxPay shall not assume any responsibility to determine what, if any, taxes apply to the sale of Merchant’s goods and services and it shall be solely Merchant’s responsibility to assess, collect, report, or remit the correct tax to the proper tax authority.
1. In order to access certain Services, you may be required to provide information about yourself as part of the registration process for the service, or for your continued use of the Services. You agree that any registration information you give to BoxPay will always be accurate, correct and up to date. You are solely responsible, and BoxPay is not in any way liable for the information and data collected in order to process and authenticate a transaction performed.
2. BoxPay can share customer/ client information with its affiliate companies (with same degree of care for data privacy) and/or the Government or law enforcement agencies (if officially requested or required by order, notification, statute or court order).
3. You agree not to access (or attempt to access) the Services by any means other than through the interface that is provided by BoxPay, unless you have been specifically allowed to do so in a separate agreement with BoxPay.
4. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5. You agree that you are solely responsible for (and that BoxPay has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which BoxPay may suffer) of any such breach.
6. You shall not (i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means; or (ii) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services.
7. You shall not access all or any part of the Services in order to build a product or service which competes with the Services.
8. You shall not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit, or otherwise make the Services available to any third party.
9. You shall not introduce or permit the introduction of any viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code, into our network and/or information systems.
10. You shall not use the services in a manner that could result in a violation of anti money laundering, counter terrorist financing and similar legal and regulatory obligations (including, without limitation, where we cannot verify your identity or other required information about your business).
1. You agree and understand that you are responsible to BoxPay and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the Services. You are fully responsible for the security of data on your website or otherwise in your possession. You agree to comply with all applicable laws and rules in connection with your collection, security and dissemination of any personal, financial, card, or transaction information (defined as “Data”) on your website. It is your responsibility to comply with the PCI standards, as applicable.
2. Without prejudice to the rest of the Terms, you will be solely responsible for all activities that occur under your account. You shall not:
2.1 Submit any card transaction for processing that does not arise from your sale of goods or service to a buyer customer,
2.2 Act as a payment intermediary or aggregator or otherwise resell BoxPay’s services on behalf of any third party,
2.3 Send what you believe to be potentially fraudulent authorizations or fraudulent card transaction, or
2.4 Use BoxPay Service in a manner that Visa, MasterCard or any other payment provider reasonably believes to be an abuse of the Card Network or a violation of Card Network rules.
3. If you become aware of any unauthorized use of your password or of your account, you agree to notify the concerned official at BoxPay immediately.
4. You are solely responsible for:
4.1 Your (including your users' and end-customers') access and use of the Services in compliance with these Terms;
4.2 providing us with and keeping current complete and accurate registration and account information;
4.3 maintaining the confidentiality of unique login information, credentials and passwords associated with your account, and the privacy and security of your account;
4.4 all activities that occur within your account and notifying us immediately of any unauthorized access or use of your account, log-in information, credentials or passwords, or any unauthorized activity in your account;
4.5 ensuring that your use of the services to store, process and transmit service data is compliant with applicable laws and regulations, including applicable data protection laws;
4.6 immediately ceasing use of the services for a prohibited activity or purpose if we inform you that a specified activity or purpose is prohibited with respect to the services;
4.7 the accuracy, quality and legality of service data, the means by which you acquired service data and your use of service data with the services or other services;
4.8 And determining whether the services or the information generated thereby is accurate or sufficient for your purposes.
1. You understand that all information (such as data files, written text, computer software, or images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated.
2. You should be aware that content presented to you as part of the Services, including but not limited to advertisements and promotional material of BoxPay or other companies, is protected by intellectual property rights which are owned by BoxPay, or the sponsors or advertisers who provide that content to BoxPay (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) unless you have been specifically told that you may do so by BoxPay or by the owners of that content, in a separate agreement. Any content being disseminated using BoxPay's sales network or the product, service or platform may be pre-screened, reviewed, flagged, filtered, modified or simply refused or removed. Any spam or pornographic material and / or any illegal content will be immediately deleted and we reserve the right to take appropriate legal action.
3. You agree that you are solely responsible for (and that BoxPay has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services or for the consequences of your actions (including any loss or damage which BoxPay may suffer) by doing so.
4. On noticing such content, it is your duty to bring it to the attention of Boxpay officials immediately, who will take due care to delete it from the services.
1. You understand that BoxPay and/or its affiliate companies and sub-processors (“BoxPay Group”) shall process personal data in accordance with applicable data protection laws and separate Merchant Agreement. You acknowledge and agree that BoxPay Group may also process information about You, your subscription and account, users and end-customers to (i) provide the Services and perform its obligations under these Terms and the Merchant Agreement, including, without limitation, to respond to your support requests; (ii) demonstrate new features, products, and services (iii) comply with the law or respond to lawful requests or legal process; (iv) professionals and advisors; and (v) act on a good faith belief that such disclosure is necessary to protect the personal safety or avoid violation of applicable law or regulation.
2. By accepting these Terms and/or entering into the Merchant Agreement, you hereby expressly represent and warrant that you have the necessary consents, permissions, authorizations from end customers and/or any other concerned party and right to allow us to process and transfer data (including personal data) including processing and transfer of such data in and to the concerned jurisdiction and other countries which may have different privacy laws from your country of residence or establishment.
3. You unequivocally understand and undertake that it shall be your responsibility to inform the end customers about the processing, and, where required, obtain necessary consent or authorization for any personal data that is collected as part of availing Services. We do not own, control or direct the use of personal data and only accesses such information as reasonably necessary to provide the Services as otherwise authorized by you or as required by law.
1. Each of the Parties will protect the other’s confidential information from unauthorized access, use or disclosure in the same manner as each of the Parties protects its own confidential information, and in any event, no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each of the Parties may use the other’s Confidential Information solely to exercise its respective rights and perform its respective obligations under these Terms and shall disclose such Confidential Information solely to those of its respective Affiliates, employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information. For purposes of these Terms, your confidential information includes personal data, and our confidential information includes the Services, documentation, and the contents of these Terms and Merchant Agreement.
2. The receiving Party may disclose confidential information of the disclosing Party to the extent compelled by law or a court or other judicial or administrative body, provided that the receiving Party notifies the disclosing Party of such compelled disclosure promptly and in writing (to the extent legally permitted) and cooperates with the disclosing Party, at the disclosing Party’s reasonable request and expense, in any lawful action to contest or limit the scope of such required disclosure.
1. You acknowledge and agree that BoxPay (or BoxPay's licensors) owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist) and that you are merely a licensee of the Services, and not the owner thereof. You further acknowledge that the Services may contain information which is designated confidential by BoxPay and that you shall not disclose such information without BoxPay's prior written consent.
2. BoxPay gives you a non-exclusive license to use the software provided to you by BoxPay as part of the Services as provided to you by BoxPay. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by BoxPay, in the manner permitted by these terms.
3. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof.
4. Unless BoxPay has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the service or otherwise transfer any part of your rights to use the service.
1. The Terms will continue to apply until terminated by either you or BoxPay as set out below (where separate Merchant Agreement is not entered into between BoxPay and a Merchant).
2. BoxPay may at any time, terminate its legal agreement with you if:
you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
3. BoxPay is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful)
4. When these terms come to an end, all of the legal rights, obligations and liabilities that you and BoxPay are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.
1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE.
2. IN PARTICULAR, BOXPAY DOES NOT REPRESENT OR WARRANT TO YOU THAT:
2.1 YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
2.2 YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME
2.3 YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
2.4 ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
3. BOXPAY DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ‘OTHER SERVICES’ (INCLUDING ANY PAYMENT GATEWAY SERVICE PROVIDER) OR ‘THIRD-PARTY CONTENT’. NOTWITHSTANDING ANY SECURITY OR OTHER MEASURE THAT MAY BE PROVIDED BY US, YOU ASSUME THE ENTIRE RISK OF AND SHALL NOT HOLD US RESPONSIBLE FOR ANY ALTERATION, COMPROMISE, CORRUPTION OR LOSS OF SERVICE DATA, EXCEPT TO THE EXTENT CAUSED BY OUR WILLFUL BREACH OF THESE TERMS.
4. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE (I) ARE NOT A BANK OR OTHER FINANCIAL INSTITUTION; (II) WILL NOT EVER HOLD ANY SUM OF AMOUNT FOR YOU AND/OR END-CUSTOMERS; AND (III) DO NOT PROVIDE, AND ARE NOT RESPONSIBLE FOR, ANY LEGAL OR ACCOUNTING ADVICE.
5. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE FOR YOUR COMPLIANCE WITH ANY APPLICABLE LAWS OR ANY AMOUNTS RELATED TO ANY CREDIT CARD OR PAYMENT TRANSACTIONS.
6. BOXPAY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR ANY OTHER LOSS OR DAMAGE RESULTING FROM THE TRANSFER OF DATA OVER COMMUNICATIONS NETWORKS AND FACILITIES, INCLUDING THE INTERNET, AND YOU ACKNOWLEDGE THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES.
7. BOXPAY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ALL WARRANTIES HEREIN ARE PROVIDED BY BOXPAY AND ITS AFFILIATE COMPANIES.
1. SUBJECT TO OVERALL PROVISION IN CLAUSE ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOXPAY AND/OR ITS AFFILIATE COMPANIES SHALL NOT BE LIABLE TO YOU FOR:
2. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
3. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
4. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
5. YOUR FAILURE TO PROVIDE ACCURATE INFORMATION OR KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
1. The Services may include hyperlinks to other web sites or content or resources. BoxPay may have no control over any web sites or resources which are provided by companies or persons other than BoxPay.
2. You acknowledge and agree that BoxPay is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
3. You acknowledge and agree that BoxPay is not liable for any loss or damage which may be incurred by you as a result of the non-availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from, such web sites or resources.
4. Your use of any Third Party Services is at your own risk. BoxPay does not endorse, and makes no representation, warranty or commitment, and shall have no liability or obligation whatsoever in relation to your use of, any such websites or third party services.
BoxPay may amend these Terms from time to time by posting the most current version on the Website, in which case the new Terms will supersede prior versions. Please check these Terms periodically to take notice of changes as they will be binding on you. If an amendment materially affects your rights, we will notify you via email or your account on our portal. Your continued use of the Services following the effective date of any such amendment may be relied upon by us as your acceptance of any such amendment. If you do not agree to an amendment, you may terminate your use of the Services or request us to terminate the provision of the Services to you.
1. The terms constitute the legal agreement between you and BoxPay and govern your use of the Services, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of (but excluding any Services which BoxPay may provide to you under a separate written agreement), and completely replace any prior agreements between you and BoxPay in relation to the Services.The terms constitute the legal agreement between you and BoxPay and govern your use of the Services, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of (but excluding any Services which BoxPay may provide to you under a separate written agreement), and completely replace any prior agreements between you and BoxPay in relation to the Services.
2. In the event any provision of these Terms is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of these Terms will remain in full force and effect.
3. Any waiver (express or implied) by any Party of any right under these Terms shall not constitute a waiver of any other or subsequent default or breach.
4. We may assign or transfer all or any part of these Terms or delegate the performance of our Services in whole or in part to any of our affiliate companies, or in connection with any acquisition, consolidation, merger, reorganization, transfer all or substantially all of our assets or other business combination, or by operation of law without your consent and without providing notice. We may subcontract our obligations hereunder, provided that we shall at all times remain responsible for the performance of the subcontractor.
5. These Terms shall be governed by the laws of Singapore. You and BoxPay agree that efforts will be made to resolve any dispute failing which such dispute shall be referred to arbitration, with the arbitral panel consisting of a sole arbitrator, jointly appointed by BoxPay and you.
6. You agree that you have neither been offered nor received any illegal or improper bribe, payment, kickback, gift, or thing of value from any of our employees or agents in connection with these Terms. If you learn of any violation of the above restriction, you will use reasonable efforts to promptly notify us.