Terms & Conditions

DEFINITIONS AND CONSTRUCTION

Acquiring Device means any device with communication function, which is installed by the Merchant for acceptance or processing of payments under this Agreement.

Acquiring Services means the services provided by the Company to the Merchant under this Agreement.

Agreement means the Merchant Facilities Agreement, and these Merchant Facilities Terms and Conditions entered into by the Company and the Merchant, and any amendments thereto from time to time;

Third Party Payment Provider means an organization that provides a payment platform to facilitate payments and whose services are provided to the Merchant via this Agreement.

Third Party Payment Platform means a computer software or information system developed by The Third-Party Payment Provider for provision of service under this Agreement;

Third Party Payment Services means one of the services provided by ePayments, which allows the Merchant to accept payments from the Third-Party Payment Providers' users or customers.

Business Day means a day on which banks in New Zealand and as applicable business days in the jurisdiction of the Third-Party Payment Provider;

Confidential Information includes but without limitation to any commercial or technical information relating to technology, product plans, designs, specifications, costs, finance, marketing plans, business opportunities, personnel, research and development, customer information and data, commercial secrets or know-how of any Party and information relating to the terms and conditions of the Agreement and its supporting documents which is possessed or permitted to be used by any Party to the Agreement, and is clearly marked as proprietary or confidential information or is expressly indicated as proprietary or confidential under circumstances in which such information is provided. Confidential Information includes any information disclosed verbally, visually or mechanically. All information shared between the Parties to the Agreement shall be deemed to be Confidential Information;

Customer Certificate means a document supplied to the Merchant with its Merchant Account Number and issued by ePayments, containing the identity information of the Merchant and its operation authority to use Third Party Payment Service (including the authority for certain functions including enquiries and refunds, etc.) and through which the Merchant may make a digital signature after giving electronic instruction to ePayments;

Electronic Commerce Transaction means a transaction between a Merchant and a Third-Party Payment Provider User over a network using a telephone, any mobile device, terminal, personal computer or other device to initiate such a transaction;

Merchant Service Fees means a fee payable to the Company by a Merchant based on the actual monetary amount of transactions completed through the Third-Party Payment Provider and which is set out in the Merchant Facilities Agreement;

Facilities means terminals and machines for accessing the Third-Party Payment Services provided to the Merchant by the Company, including the Terminals;

GST means Goods and Services Tax pursuant to A New Tax System (Goods & Services) Act 1999 as amended from time to time.

Merchant means a merchant that has entered into this Agreement and who has as may be necessary entered into agreements with the Third-Party Payment Providers;

Merchant Account Number means a merchant account number given to the Merchant by the Company in relation to the provision of Third-Party Payment Services;

NZD or New Zealand dollars means the lawful currency for the time being of New Zealand;

Rules means the rules, regulations and guidelines issued and published by ePayments regarding the use of the Facilities as the same may from time to time be amended, varied or supplemented;

System means a combination of the Facilities, computer software and other technology supplied by the Company and from the Third-Party Payment Providers that creates the platform to transact payments.

Transaction means a transaction for the sale of goods or services between the Merchant and its customer involving payment by the Customer using Third Party Payment Services processed through the Facilities;

Construction

Unless a contrary intention appears in this Agreement, a "person" includes an individual, a corporation, a firm, sole proprietorship and a partnership (whether or not having separate legal personality); the singular includes the plural and vice versa and the masculine gender includes feminine and neuter genders and vice versa. Any reference to a clause is to a clause of this Agreement. Where applicable, the completion of obligations by the Company under this Agreement is to be read as completion of obligations by the Company for and on behalf of the Third-Party Payment Provider, including the making of payments to the Merchant.