January 20, 2017

Terms & Conditions

These terms and conditions govern your use of the China Payments Platform. Please read them before you register to use the China Payments Platform.

1. Terms and Conditions for use of China Payments Platform:

1.1 Acceptance of Terms and Conditions: These terms and conditions are the terms on which access to the China Payments Platform is provided. By registering with China Payments, you are deemed to accept these terms and conditions. If you do not accept these terms and conditions, you must not use the China Payments Platform.

1.2 Variation to Terms and Conditions: These terms and conditions may be varied in whole or in part by China Payments from time to time by posting a notice of change on China Payments’ website. The variation to the terms and conditions will take effect 10 Business Days after posting on China Payments’ website. By continuing to use the China Payments Platform after the 10 Business Day notice period, you agree to be bound by the varied terms and conditions as published.

1.3 Assignment: China Payments can assign its rights and obligations under these terms and conditions to any person at any time subject to that person assuming China Payments’ obligations under these terms and conditions. Notification of such assignment will be made by posting a notice on China Payments’ website. The assignment will take effect 10 Business Days after posting on China Payments’ website. By continuing to use the China Payments Platform after the 10 Business Day notice period, you agree to be bound by the assignment.
1.4 Becoming a User: Becoming a User is free and forms a legally binding contract which is enforceable against you.

1.5 Governing Law: These terms and conditions are governed by Australia law. The Courts of Australia shall have non-exclusive jurisdiction in relation to any proceedings regarding these terms and conditions.

2. Service provided by China Payments

2.1 The Service: China Payments provides a facility for Users to buy China Payments E-Vouchers and use the E-Vouchers to pay for goods and/or services purchased in Australia from China Payments Registered Merchants. China Payments provides a transfer service, whereby part or all of the E-Voucher value is paid to a China Payments Registered Merchant on completion of the E-Voucher payment procedure described in clauses 5.1 and 5.2.

2.2 China Payments is not party to User / Merchant contract: China Payments does not take any part in the contract for sale and purchase of goods or services between you and China Payments Registered Merchants. The China Payments Platform merely provides a means of communicating orders either from or to you and facilitating payment for the goods or services purchased. China Payments accepts no responsibility or liability for any issues which may arise between you and a China Payments Registered Merchant.

2.3 No warranty given for goods and services purchased: China Payments gives no undertakings, representations, or warranties in relation to goods or services purchased through the China Payments Platform. In particular, China Payments gives no warranty regarding the quality or fitness for purpose of any goods or services purchased from China Payments Registered Merchants.

2.4 Dispute about goods and services purchased: If you have a dispute with a China Payments Registered Merchant regarding the goods or services purchased, you must resolve the dispute directly with the China Payments Registered Merchant. Responsibility for any refund or default rests with the China Payments Registered Merchant. It is not possible to re-credit the E-Voucher if goods are returned. Any reimbursement for goods or services must be arranged between you and the China Payments Registered Merchant directly.

3. Terms of China Payments E-Voucher

3.1 Purchases from China Payments Registered Merchants only: You can only use the E-Voucher to purchase goods and/or services from China Payments Registered Merchants. The E-Voucher cannot be used for any other purpose.
E-Voucher cannot be refunded, transferred or redeemed for cash: E-Vouchers are non-refundable, non-transferable and may not be redeemed for cash. You cannot withdraw the balance of an E-Voucher or transfer the E-Voucher value to a different E-Voucher (whether that different E-Voucher is owned by you or another User).
3.2 E-Voucher is not re-loadable: Additional value cannot be added to E-Vouchers. The value cannot be increased and amounts cannot be re-credited to E-Vouchers. In accordance with clause 2.4 above, any reimbursement for goods and services must be arranged between you and the China Payments Registered Merchant directly – it cannot be credited back to your E-Voucher.

3.3 Multiple E-Vouchers: Users may purchase and hold more than one E-Voucher at any time.
E-Voucher expiry date: All E-Vouchers will expire 12 months after the date of purchase. You should use the full value of the E-Voucher before the expiry date. You can check your E-Voucher balance and expiry date at any time by logging into your China Payments Platform User Account.

3.4 Expired E-Voucher value is forfeit: After the E-Voucher has expired, it cannot be used to purchase goods or services from China Payments Registered Merchants. All payment requests will be declined. Any unused value remaining in the E-Voucher at the expiry date is forfeit and will not be refunded. The unused value will become the property of China Payments.

3.5 E-Voucher does not earn interest: No interest is payable on the value stored in the E-Voucher.

3.6 China Payments’ right to cancel E-Voucher programme: China Payments reserves the right to cancel the E-Voucher programme at any time. If China Payments cancels the E-Voucher programme, any balance on your E-Voucher will be paid to you.

4. User obligations

4.1 Your obligations: You will:

4.1.1 Keep your China Payments Platform login information, including your User name and password, secret and secure;

4.1.2 Provide, at the request of China Payments, true and correct copies of all documentation evidencing the trade with a China Payments Registered Merchant (e.g. booking information, invoices, statements). If you are do not or are unable to provide such documentation, you authorise the applicable China Payments Registered Merchant to provide the documentation to China Payments on your behalf.

4.1.3 Not do any act which in the reasonable opinion of China Payments damages the reputation of China Payments, or is likely to damage its reputation, its system or bring China Payments or its website into disrepute; and

4.1.4 Comply with all applicable laws and regulations.

5. China Payments’ rights and obligations:

5.1 Payment Procedure for Merchant initiated payments: The following is the payment procedure where a payment request is initiated by a China Payments Registered Merchant:

5.1.1 The Merchant will upload to the China Payments Platform details of a trade with you, including supporting documentation (e.g. invoice, statement).

5.1.2 If China Payments is satisfied with the information provided, China Payments will generate a China Payments invoice and payment link for sending to you.

5.1.3 You will receive a payment request which contains details of the trade (e.g. the Merchant’s name, goods or services purchased and price) together with a payment link.

5.1.4 In order to purchase an E-Voucher credit to pay the Merchant for the goods or services purchased, you will need to complete a currency exchange application and submit all supporting documents necessary to support the currency conversion to Australia dollars through the China’s Licensed Payment Institution Platform.

5.1.5 When it receives payment for the E-Voucher, China Payments will undertake verification steps to ensure the trading documents match the transaction.
Once the transaction has been verified by China Payments, you will receive confirmation that payment has been received by China Payments.

5.1.6 The Merchant will receive confirmation that the E-Voucher credit is available for the Merchant to withdraw. In order to receive payment, the Merchant is required to provide a withdrawal notice to China Payments.

5.2 Payment procedure for User initiated payments: A User must be a verified user of the China Payments platform in order to initiate payments. (Becoming verified requires a User to provide certain identification documentation which China Payments requires to undertake its user verification process.) The following is the payment procedure for where payment is initiated by the User:

5.1.1 You will upload to the China Payments Platform details of the trade with a Merchant, including supporting documentation (e.g. booking request, invoice, statement).

5.1.2 In order to purchase an E-Voucher to pay the Merchant, you will need to complete a currency exchange application and submit all documents necessary to support the currency conversion to Australia dollars through the China’s Licensed Payment Institution Platform.

5.1.3 When it receives payment for the E-Voucher, China Payments will undertake verification steps to ensure the trading documents match the transaction and the Merchant is registered as a China Payments Registered Merchant. (In order to receive payment for goods and services by way of E-Voucher, the Merchant will be required to register as a China Payments Registered Merchant.)

5.1.4 Once the transaction has been verified by China Payments, you will receive confirmation that the payment has been received by China Payments, the trading documents have been verified and the E-Voucher credit is available for the Merchant to withdraw.

5.1.5 The Merchant will receive confirmation that the E-Voucher credit is available for the Merchant to withdraw. In order to receive the payment, the Merchant is required to provide a withdrawal notice to China Payments.

5.3 China Payments’ obligations: China Payments agrees that it will process transactions in accordance with clauses 5.1 or 5.2 above, provided that:

5.3.1 There is sufficient credit in your E-Voucher to make either a full or part payment of a purchase from a China Payments Registered Merchant.

5.3.2 China Payments has received all necessary documentation from you (or the China Payments Registered Merchant on your behalf) evidencing the trade with the China Payments Registered Merchant.

5.3.3 The transaction verification process has been completed and China Payments is satisfied (in its sole discretion) that the trade is a genuine transaction (see clause 5.4 below).

5.4 Verification of trade:

5.4.1 If China Payments is not satisfied (in its sole discretion) that sufficient documentation has been provided to China Payments for it to verify a transaction, China Payments will notify you. You will have three Business Days to provide all required trading documents and other information China Payments deems necessary for it to verify and process your payment to a China Payments Registered Merchant.

5.4.2 China Payments may, in its sole discretion and in special circumstances, extend the three Business Day period noted in clause 5.4.1 above.

5.4.3 If you do not provide the required documentation within the three Business Day period (or any extended period approved by China Payments) and/or China Payments is unable to verify your transaction to its satisfaction, China Payments will notify you of the rejection of trade.

5.4.4. Subject to clause 5.5 below, any credit in an E-Voucher as a result of a rejected trade will remain available for you to use in another transaction with a China Payments Registered Merchant (provided that transaction is itself a verified transaction) before the E-Voucher expires in accordance with clause 3 above.

5.5 Suspension or cancellation of transactions or cancellation of E-Voucher:

5.5.1 China Payments can in its sole discretion suspend or cancel a transaction through the China Payments Platform where China Payments has any reason to suspect the transaction involves fraud, money laundering or financing of terrorism.

5.5.2China Payments reserves the right to cancel the credit in an E-Voucher where China Payments has any reason to suspect the transaction involves fraud, money laundering or financing of terrorism. Any credit in the E-Voucher will be forfeit.

5.6 Preventing use of Platform by User: China Payments reserves the right to suspend or terminate the membership of a User or any other person from using the China Payments Platform at its sole discretion.

6. Personal information

6.1 Accurate information: You warrant that you will provide complete, accurate and current personal information when registering with the China Payments Platform. China Payments may decide in its sole discretion whether or not to accept your registration.

6.2 Requests for additional information: China Payments may make enquiries about any personal information that you provide to China Payments in order to check the accuracy of that information. You agree to provide all reasonable information (including any documentation) requested by China Payments in order to assist China Payments to meet its obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 and any other relevant Acts or Regulations.

6.3 Updating your information:

6.3.1 You must maintain and update your personal information held by us to ensure it is kept current at all times. We may call or email you to verify these details.

6.3.2 We provide you with ways in which you can change, update or add to your personal data, however the responsibility for updating the information rests solely with you.

6.4 Privacy: In accordance with the provisions of the Privacy Act 1993, China Payments may collect personal information about you (including your User registration details and your transaction activities through your use of the China Payments Platform). Full details of China Payments’ Privacy Policy, including how China Payments may use your personal information, can be found on the China Payments website (www.chinapayments.com.au).

6.5 Security of Your Information: You are responsible for keeping your login information, including your User name and password, secret and secure. Without limiting the foregoing, you agree to not permit any other person to use your User login information and not to disclose, or provide to any other person your User name, password or any other information in connection with your User account that may allow them to gain access to your account.

7. Intellectual Property Rights

7.1 Ownership of intellectual property rights: China Payments or its assigns, own all proprietary and intellectual property rights of the China Payments Platform and in the China Payments website (including text, graphics, logos, icons) and the software and other material underlying and forming part of the services or the website.

7.2 Use of intellectual property: You may not without China Payments’ prior written permission, in any form or by any means:

7.2.1 adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the China Payments Platform or website; or

7.2.2 commercialise, copy, or on-sell any information, or items obtained from any part of the China Payments Platform or website.

8. No Liability

8.1 Fraudulent activity: While China Payments has used its best endeavours to ensure that appropriate systems are in place to reduce the risk of fraudulent activity, China Payments is not responsible for protecting China Payments Users or China Payments Registered Merchants from forms of wrongful or fraudulent activity.

8.2 Unauthorised access: Provided that China Payments has taken reasonable steps to protect its systems, China Payments does not accept any liability for any damage, loss, cost, expense or harm arising directly or indirectly as a result of any computer virus or unauthorised access of the China Payments system.

8.3 Inability to use China Payments Platform: China Payments accepts no responsibility for any inability to use the service that arises from an issue between you and your network or communication provider.

8.4 Breach by User: Without limiting any other rights and remedies available to China Payments, China Payments may limit your use of the China Payments Platform, terminate your User account, or refuse to provide China Payments services to you if in China Payments’ opinion you breach these terms and conditions.

8.5 Liability: Notwithstanding any other terms of this agreement, you agree that, to the maximum extent permitted by law, any and all liability and responsibility of China Payments to you or any other person under or in connection with these terms and conditions, the China Payments Platform, the China Payments website, any China Payments Registered Merchant act or omission, or your use of or inability to use the China Payments Platform, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. China Payments’ liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

8.6 Indemnity: By using this service you agree to release and indemnify China Payments and to keep China Payments indemnified from and against all actions, claims, costs (including legal costs and expenses on a solicitor and client basis), losses, proceedings, damages, liabilities, or demands suffered or incurred by China Payments to any person arising out of or in connection with your failure to comply with these terms and conditions or failure by you to complete a transaction with China Payments Registered Merchant or out of or in connection with your use of the China Payments Platform.

8.7 Force Majeure: China Payments has no liability for any lack of performance, or for any failure of China Payments to comply with these terms and conditions where the same arises from any cause reasonably beyond China Payments’ control.

8.8 Consumer Guarantees Act: Nothing in these terms and conditions will limit the effect of the Consumer Guarantees Act 1993, except to the extent permitted by the Consumer Guarantees Act 1993.

8.9 No Waiver: If China Payments does not exercise or enforce any right available to it under these terms and conditions, it does not constitute a waiver of those rights.

9. Interpretation

9.1 Interpretation: In these terms and conditions, the following expressions have the meanings set out:

9.1.1 Business Day means any day between and including Monday to Friday which is not a public holiday in Australia or a public holiday or festival period in China. China Payments will post on its website a notice confirming which days China Payments will not be trading or processing payments.

9.1.2 E-Voucher means the electronic voucher purchased by Users to use the value stored on the voucher to purchase goods and/or services from China Payments Registered Merchants.

9.1.3 China Payments means Latitude Technologies Limited.

9.1.4 China Payments Registered Merchant means a retailer, business or service provider who accepts payments for its goods and/or services through the China Payments Platform and is registered as a merchant with China Payments.

9.1.5 Merchant means a person who registers as a China Payments Registered Merchant.

9.1.6 User means a person who registers to use the China Payments Platform.

9.1.7 Website means www.chinapayments.com.au

9.1.8 You or Your is a reference to Users.


MERCHANT TERMS AND CONDITIONS

These terms and conditions govern your use of the China Payments Platform. Please read them before you register as a China Payments Registered Merchant.

1. Terms and Conditions for use of China Payments Platform:

1.1 Acceptance of Terms and Conditions: These terms and conditions are the terms on which access to the China Payments Platform is provided and you use and receive the benefit of the voucher payment service provided by China Payments. By applying to become a China Payments Registered Merchant with China Payments, you accept these terms and conditions. If you do not accept these terms and conditions, you must not use the China Payments Platform.

1.2 Variation to Terms and Conditions: These terms and conditions may be varied by China Payments from time to time by posting a notice of change on China Payments’ website. Notification will also be made to the email address recorded in your China Payments Registered Merchant account. The variation to the terms and conditions will take effect 10 Business Days after the notice was posted on China Payments’ website. By continuing to use the China Payments Platform after the 10 Business Day notice period, you agree to be bound by the varied terms and conditions as published.

1.3 Assignment:

1.3.1 You may not assign your rights and obligations under these terms and conditions without the prior written consent of China Payments. For the avoidance of doubt, a change in control of an entity will be deemed to be an assignment for the purposes of these terms and conditions.

1.3.2 China Payments can assign its rights and obligations under these terms and conditions to any person at any time. Notification of such assignment will be made by posting a notice on China Payments’ website. The assignment will take effect 10 Business Days after posting on China Payments’ website. By continuing to use the China Payments Platform after the 10 Business Day notice period, you agree to be bound by the assignment.

1.4 Becoming a China Payments Registered Merchant: Becoming a China Payments Registered Merchant is free. It forms a legally binding contract which is enforceable against you.

1.5 Governing Law: These terms and conditions are governed by Australia law. The Courts of Australia shall have non-exclusive jurisdiction in relation to any proceedings regarding these terms and conditions.

2. Service provided by China Payments

2.1 The Service: China Payments provides a facility for Users to buy China Payments E-Vouchers and use the E-Vouchers to pay for goods and/or services purchased in Australia from China Payments Registered Merchants. China Payments provides a transfer service, whereby part or all of the E-Voucher value is paid to a China Payments Registered Merchant on completion of the E-Voucher payment procedure described in clauses 5.1 and 5.2.

2.2 China Payments is not party to User / Merchant contract:

2.2.1 China Payments does not take any part in the contract for sale and purchase of goods or services between you and Users registered with China Payments. The China Payments Platform merely provides a means of communicating orders either from or to you and facilitating payment for the goods or services purchased.

2.2.2 China Payments accepts no responsibility or liability for any issues which may arise between you and Users. Responsibility for any refund or default rests with you.

2.2.3 If you have a dispute regarding goods or services purchased from you, you must resolve the dispute directly with the User. Any reimbursement for goods and services must be arranged between you and the User directly – it cannot be re-credited back to a User’s E-Voucher.

2.3 China Payments’ right to cancel E-Voucher programme: China Payments reserves the right to cancel the E-Voucher programme at any time.

3. GST

3.1 Redemption of E-Voucher is a supply: You agree that the time a User redeems an E-Voucher to purchase goods or services from you will be treated as the time of supply of goods and services for the purposes of Goods and Services Tax Act 1985.

4. Merchant obligations

4.1 Your obligations: You will:

4.1.1 Keep your China Payments Platform login information, including your Registered Merchant name and password, secret and secure.

4.1.2 Take all reasonable steps to keep your systems secure and free from any unauthorised access or computer virus.

4.1.3 Provide, at the request of China Payments, full and correct details of the goods and/or services provided to a User together with copies of all documentation evidencing the trade with a User (e.g. booking information, tax invoices, statements).

4.1.4 Notify Users if you are passing on to the User the cost of any fees incurred by you in relation to your use of the China Payments Platform (such as the withdrawal fee contained in clause 6.1).

4.1.5 Deal promptly with all customer service issues which arise from any purchase of goods and/or services by a User using China Payments’ E-Voucher service.

4.1.6 Meet all of your obligations under all applicable consumer legislation.

4.1.7 Immediately refund the full amount paid by the User in respect of the goods and/or services, in the event of a refund being due to a User. Any refund for goods and services must be arranged between you and the User directly – it cannot be re-credited back to a User’s E-Voucher.

4.1.8 Not do any act which in the reasonable opinion of China Payments damages the reputation of China Payments or brings China Payments, its Platform or the website into disrepute.

4.1.9 Not use the China Payments Platform for any dishonest, fraudulent or otherwise illegal purpose.

4.1.10 Immediately notify China Payments of any suspicious, fraudulent or unauthorised transactions.

4.1.11 Comply with all other applicable laws and regulations.

5. China Payments’ rights and obligations

5.1 Payment procedure for Merchant initiated payments: The following is the payment procedure where a payment request is initiated by you as the China Payments Registered Merchant:

5.1.1 You must register with China Payments as a China Payments Registered Merchant, completing an application form and supplying all information required by China Payments in order for China Payments to complete the application and verification process.

5.1.2 China Payments will notify you when you are accepted as a China Payments Registered Merchant.

5.1.3 You will upload to the China Payments Platform details of a trade with a User, including supporting documentation (e.g. invoice, statement).

5.1.4 If China Payments is satisfied with the information provided, China Payments will generate a China Payments invoice and payment link for sending to the User.

5.1.5 The User will receive details of the trade (e.g. the Merchant’s name, goods or services purchased and price) together with a payment link. The User will need to undertake certain steps to arrange for a currency conversion and credit to purchase an E-Voucher from the China Payments Platform.

5.1.6 When it receives payment for the E-Voucher from the User, China Payments will undertake verification steps to ensure the trading documents match the transaction.

5.1.7 Once the transaction has been verified by China Payments, you will receive confirmation that payment has been received by China Payments, the trading documents have been verified and the E-Voucher credit is available for you to withdraw.

5.1.8 To receive payment from China Payments you must supply China Payments with a withdrawal notice specifying the sum to be paid (which cannot be more than the value of the E-Voucher). China Payments will process the payment to your nominated bank account within 3 business days once you complete and lodge a withdrawal notice. The cut-off time for lodging withdrawal notice is 3:00pm on each business day.

5.2 Payment procedure for User initiated payments: The following is the payment procedure for where payment to you is initiated by a verified User:

5.2.1 The User will upload to the China Payments Platform details of the trade with you, including supporting documentation (e.g. booking request, invoice, statement). The User will undertake certain steps to arrange for a currency conversion and credit to purchase an E-Voucher from the China Payments Platform.

5.2.2 When it receives payment for the E-Voucher from the User, China Payments will undertake verification steps to ensure the trading documents match the transaction and that you are registered as a China Payments Registered Merchant. (If you are not a China Payments Registered Merchant, you will be required to register as a China Payments Registered Merchant, completing an application form and supplying all information required by China Payments in order for China Payments to complete the application and verification process. You will receive confirmation when the application and verification process is complete.)

5.2.3 Once the transaction has been verified by China Payments, you will receive confirmation that payment has been received by China Payments, the trading documents have been verified and the E-Voucher credit is available for you to withdraw.

5.2.4 To receive payment from China Payments you must supply China Payments with a withdrawal notice specifying the sum to be paid (which cannot be more than the value of the E-Voucher). China Payments will process the payment to your nominated bank account within 3 business days once you complete and lodge a withdrawal notice. The cut-off time for lodging withdrawal notice is 3:00pm on each business day.

5.3 China Payments’ obligations: China Payments agrees that it will process transactions in accordance with paragraphs 5.1 or 5.2 above, provided that:

5.3.1 There is sufficient credit in the User’s E-Voucher to make either a full or part payment of a purchase from you.

5.3.2 China Payments has received all necessary documentation from the User (or you on the User’s behalf) evidencing your trade with the User.

5.3.3 The transaction verification process has been completed and China Payments is satisfied (in its sole discretion) that the trade is a genuine transaction.

5.4 Suspension or cancellation of transactions: China Payments can in its sole discretion suspend or cancel a transaction through the China Payments Platform where China Payments has any reason to suspect the transaction involves fraud, money laundering or financing of terrorism. China Payments will notify you by email if a transaction is suspended or cancelled.

5.4 Preventing use of Platform by Merchant: China Payments reserves the right to suspend or terminate the membership of a Merchant or any other person from using the China Payments Platform at its sole discretion.

6. Fees

6.1 Withdrawal Fee: China Payments will charge you a fee each time you make a withdrawal (as per the payment procedures described in clauses 5.1 and 5.2 above.

7. Personal information

7.1 Registering as a merchant: You must complete the China Payments Registered Merchant application form to China Payments’ satisfaction. China Payments may decide in its sole discretion whether or not to accept your application.

7.2 Accurate information: You warrant that you have provided complete, accurate and current information when registering as a Merchant with China Payments. You also warrant that you will immediately notify China Payments of any changes to the details provided in your registration application.

7.3 Requests for additional information: China Payments may make enquiries about any personal information that you provide to China Payments in order to check the accuracy of that information. You agree to provide all reasonable information (including any documentation) requested by China Payments in order to assist China Payments to meet its obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 and any other relevant Acts or Regulations.

7.4 Updating your information:

7.4.1 You must maintain and update your information held by us to ensure it is kept current at all times. We may call or email you to verify these details.

7.4.2. We provide you with ways in which you can change, update or add to your information, however the responsibility for updating the information rests solely with you.

7.5 Privacy: In accordance with the provisions of the Privacy Act 1993, China Payments may collect personal information about you (including your Merchant registration details, User transactions with you and your use of the China Payments Platform). Full details of China Payments’ Privacy Policy, including how China Payments may use your personal information, can be found on the China Payments website (www.Chinapayments.com.au).

7.6 Security of your information: You are responsible for keeping your login information, including your Merchant name and password, secret and secure. Without limiting the foregoing, you agree to not permit any other person to use your user login information and not to disclose, or provide to any other person your Merchant name, password or any other information in connection with your Merchant account that may allow them to gain access to your account.

8. Use of Merchant information and intellectual property

8.1 Right to Display: China Payments may use your business name, trademark, logo or website domain on the China Payments website or in promotional materials associated with the China Payments Platform and its services.

8.2 Merchant warranty: You warrant to China Payments that any images and/or text supplied by you for use on the China Payments website or promotional materials are your property and by using such images and/or text neither you nor China Payments will be in breach of any third party’s intellectual property rights. You indemnify China Payments against any loss suffered or claim which is brought against China Payments by any third party in connection with the use of any intellectual property supplied to China Payments by you.

8.3 Intellectual property is accurate and current: You agree that any images, text and/or information supplied to China Payments for use on the China Payments website or in promotional materials is correct at the time of supply and, in the event of any change in the images, text and/or information you will provide to China Payments the correct images, text and/or information as soon as practicable.

8.4 Removal from China Payments website and materials: China Payments may change or remove the text, images and/or information displayed on the website or in promotional materials in regard to you at any time and without prior notice to you.

9. Use of China Payments intellectual property

9.1 Right to Display: You may use China Payments’ business name, trademark, logo or website domain on your website for the purposes of promoting the China Payments Platform and its services and confirming you are a China Payments Registered Merchant.

9.2 Merchant obligations: You will:

9.2.1 Only use China Payments’ intellectual property in a form and a manner approved by China Payments.

9.2.2 Not use or refer to China Payments’ intellectual property in a way that is or may be confusing, misleading or deceptive.

9.2.3 Not use or refer to China Payments’ intellectual property in a way that is detrimental to China Payments’ reputation or goodwill.

9.2.4 Not, without China Payments’ prior written permission, in any form or by any means:

(a) Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the China Payments Platform or website; or

(b) Commercialise, copy, or on-sell any information, or items obtained from any part of the China Payments Platform or website.

9.2.5 Comply with China Payments’ reasonable instructions as to the use of the intellectual property.

9.2.6 Immediately cease using China Payments’ intellectual property if China Payments requests you to do so or if your Merchant account is suspended or terminated by China Payments for any reason.

9.3 China Payments Warranty: China Payments warrants that the intellectual property supplied by it for use on your website is China Payments’ property and by using such images and/or text neither you nor China Payments will be in breach of any third party’s intellectual property rights.

9.4 Ownership of intellectual property:

9.4.1 Ownership of China Payments’ intellectual property remains with China Payments at all times. These terms and conditions do not confer on you any right, title or interest in the intellectual property, other than the right to use the intellectual property in accordance with these terms and conditions.

9.4.2 China Payments or its assigns, own all proprietary and intellectual property rights of the China Payments Platform and in the China Payments website (including text, graphics, logos, icons) and the software and other material underlying and forming part of the services or the website.

10. No liability

10.1 Fraudulent activity: While China Payments has used its best endeavours to ensure that appropriate systems are in place to reduce the risk of fraudulent activity, China Payments is not responsible for protecting China Payments Registered Merchants from forms of wrongful or fraudulent activity.

10.2 Unauthorised access: Provided that China Payments has taken reasonable steps to protect its systems, China Payments does not accept any liability for any damage, loss, cost expense or harm arising directly or indirectly as a result of any computer virus or unauthorised access of our system.

10.3 Inability to use China Payments Platform: China Payments accepts no responsibility for any inability to use the service that arises from an issue between you and your network or communication provider.

10.4 Breach by Merchant: Without limiting any other rights and remedies available to China Payments, China Payments may limit your use of the China Payments Platform, terminate your China Payments Registered Merchant account, or refuse to provide China Payments services to you if in China Payments’ opinion you breach these terms and conditions.

10.5 Liability: Notwithstanding any other terms of this agreement you agree that, to the maximum extent permitted by law, any and all liability and responsibility of China Payments to you or any other person under or in connection with these terms and conditions, the China Payments Platform, China Payments’ website, any China Payments User’s act or omission, or your use of or inability to use the China Payments Platform, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. China Payments’ liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

10.6 Indemnity: By using this service you agree to release and indemnify China Payments and to keep China Payments indemnified from and against all actions, claims, costs (including legal costs and expenses on a solicitor and client basis), losses, proceedings, damages, liabilities, or demands suffered or incurred by China Payments to any person arising out of or in connection with your failure to comply with these terms and conditions or failure by you to complete a transaction with a User or out of or in connection with your use of the China Payments Platform.

10.7 Force Majeure: China Payments has no liability for any lack of performance, or for any failure of China Payments to comply with these terms and conditions where the same arises from any cause reasonably beyond China Payments’ control.

10.8 Consumer Guarantees Act: You acknowledge that you are using China Payments’ service for business purposes and accordingly the provisions of the Consumer Guarantees Act 1993 do not apply.

10.9 No Waiver: If China Payments does not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

11. Termination

11.1 Termination or suspension by China Payments: China Payments may in its sole discretion suspend or terminate your China Payments Registered Merchant account and/or your use of the China Payments Platform or China Payments website immediately upon notice.

11.2 Termination or suspension by Merchant: You may at any time request that China Payments suspend or terminate your China Payments Registered Merchant account and/or your use of the China Payments Platform or China Payments website.

11.3 Obligations on termination or suspension:

11.3.1 You will not hold out or represent that you are a China Payments Registered Merchant or have any relationship with China Payments.

11.3.2 You will immediately cease using China Payments’ Intellectual Property.

11.3.3 You will immediately return to China Payments, or destroy at China Payments’ direction, any information or property in your possession pertaining to the China Payments Platform.

12. Notices

12.1 Receipt of notices: You agree that all notices and other communications will be made by us to the email address contained in your China Payments Registered Merchant account. All notices and other communications are deemed to be received by you at the time specified in the email transmission which was not returned as undeliverable or as containing any error.

13. Interpretation

13.1 Interpretation: In these terms and conditions, the following expressions have the meanings set out:

13.1.1 Business Day means any day between and including Monday to Friday which is not a public holiday in Australia or a public holiday or festival period in China. China Payments will post on its website a notice confirming which days China Payments will not be trading or processing payments.

13.1.2 E-Voucher means the electronic voucher purchased by Users to use the value stored on the voucher to purchase goods and/or services from China Payments Registered Merchants.

13.1.3 China Payments means Latitude Technologies Limited.

13.1.4 China Payments Registered Merchant means a retailer, business or service provider who accepts payments for its goods and/or services through the China Payments Platform and is registered as a merchant with China Payments.

13.1.5 Merchant means a person who registers as a China Payments Registered Merchant.

13.1.6 User means a person who registers to use the China Payments Platform.

13.1.7 Website means www.Chinapayments.com.au

13.1.8 You or Your is a reference to Merchants.

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