Definition of parties
Waiver of rights
Please Read These Terms Carefully, As They Contain Important Information About Your Rights And Responsibilities, Including Limitation Of Our Liability And Binding Arbitration. If You Do Not Accept This Agreement In Its Entirety, You May Not Access Or Use The Service.
Do not hesitate to contact us if you have any questions or want to discuss either of these important documents.
The Service fundamentally provides you with the software and connectivity to allow real-time secure data transmission for processing debit cards, credit cards and certain other available payment methods (each, a “Payment Method”) provided by a Payment Method provider (each, a “Payment Method Provider”) on your website or application (the “Payment Processing Services”) that allows customers (your “Customers”) to purchase your goods and services. Other Payment Methods. Other Payment Methods may include e-wallets (including but not limited to GCash, PayMaya, Coins.ph, GrabPay, WeChat Pay, and Alipay) and cash-in methods (including but not limited to 7-Eleven Instant Cash In, M Lhuiller, and Cebuana Lhuillier). Credit Card. Payment Method Providers may include Visa and MasterCard. Your use of a Payment Method may be subject to separate terms applicable to the Payment Method, including but not limited to Third-Party Rules (as defined below). We may add or remove Payment Method Providers and Acquirers (as defined below) at any time. Account Creation. Subject to these Terms, users that create an Account through the Services and complete our verification requirements, as set forth below, will be able to use the Payment Processing Services. The Services also include software, APIs and any other technology as described on the Traxion Pay website.
Age Policy; Permitted Users
We do not intend that the Service be used by anyone under 18 years old. Thus, by creating an Account and using the Service, you represent and warrant that you are at least 18 years old and can validly transact on your own behalf. If we learn or have reason to suspect that a user is under 18 years of age, we will promptly revoke the user’s access to the Service and delete any personally identifiable information submitted by that user. Further, you represent and warrant that your use of the Service does not and will not conflict with any pre-existing obligation in conflict or in any way inconsistent with the provisions of these Terms.
Account Registration - Basic Requirement
Account Registration - Password Requirement
As part of the Account registration process, you will also be asked to create a password and a business handle (i.e. an identifier of your business which will be part of the URL that you create and share with your Customers) (your “Handle”). Your business name, Handle, and/or the URL may appear on your Customers’ bank or other statements. To minimize confusion and avoid potential disputes, these descriptors must be recognizable to your Customers and must accurately describe your business or activities.
Account Registration - Authorization or Power of Attorney
By registering for an Account on behalf of an entity, you represent and warrant that you have authority to a. accept these Terms on behalf of and bind such entity, and b. provide information on behalf of such entity. We may require you to provide additional information or documentation demonstrating such authority to bind the entity.
Account Registration - Prohibited Accounts
Without our express written consent, you may not register or attempt to register for an Account on behalf of a user of Traxion Pay whose Account was previously terminated and is otherwise barred from further use of the Services.
Responsibility to Saferguard Accounts and Limited Liability
If you become aware that an unauthorized third party is using your information to access the Service, you must promptly notify us of such use. You agree that we will not be liable for any loss or harm that you incur if someone else uses your information to access the Service, either with or without your knowledge, and that you will be solely responsible for such use, whether or not you authorized the use. You are responsible for safeguarding your Account information, including your password. You agree not to disclose your password to, or share your Account with, any third party. You are solely responsible for maintaining and protecting your username and password.
Responsibility on maintaining account information
You agree to keep the information in your Account current. You must promptly update your Account with any changes affecting you, a. the nature of your business activities, b. beneficial owners, principals, c. changes to the legal entity that operates your business (for example, if you incorporate an entity), or d. any other pertinent information. We may suspend your Account or terminate this Agreement if you fail to keep this information current.
Right to Verify Identity and managing information
Compliance to Anti Money Laundering Law. As a provider of payment services, we are required to comply with many regulations, including anti-money laundering laws. As such, we are required to obtain information about and verify the identity of our users. To comply with our obligations under applicable laws, we will request that you provide certain information to us about you after you create your Account. This information will be used by us for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crimes. You agree that all such information provided by you will be complete and accurate, that you will keep us updated if any of the information you provided changes, and that we may keep a record of such information consistent with our internal policies.
Authorization to verify and collect private information
Sharing information to Payment Method Providers and Acquirers
In addition to the above, at any time during your use of the Services, we may require additional information from you to verify beneficial ownership or control of the business, validate information you provided, verify your identity, and assess the risk associated with your business. This additional information may include - a. phone numbers, b. physical and mailing addresses for you and your business, c. your business’s tax identification number, d. business invoices, e. copies of government-issued identification, f. business licenses, or g. other information related to your business, its beneficial owners or principals. h. We may also request that you provide copies of financial statements or records pertaining to your compliance with this Agreement or require you to provide a personal or company guarantee. Your failure to provide this information or material may result in suspension or termination of your Account. We may share this information, including any other personally identifiable information you provide to us, with our third-party vendors we use to comply with many regulations, including anti-money laundering laws, subject to compliance with same requirements and limitations as provided in Account Verification Clause above.
Technology and Services
The Payment Processing Services give you the ability to accept Payment Methods from your Customers in exchange for your goods or services. In order to provide you with access to the Payment Methods and Payment Processing Services, we work with Payment Method Providers, Acquirers (as defined below), and other third parties.
Definition of Terms
Below please find a list of defined terms used throughout this Agreement: a. Acquirer means a financial institution that is authorized by a Payment Method Provider to accept Charges on behalf of the Payment Method Provider; b. Charge means a credit or debit instruction to capture funds from an account that a Customer maintains with a bank or other financial institution in connection with a Transaction; c. Chargeback means an instruction initiated by a Customer for the return of funds for an existing Charge; d. Payout means the amount due to you from your Transactions minus our Fees and any Fines, e. Refunds, Chargebacks, Reversals, setoffs, recoupments or any other amounts due to Traxion Pay; f. Refund means a refund issued by you through the Payment Processing Services; g. Reserve means an amount or percentage of your Payouts that Traxion Pay holds in order to protect against the risk of Reversals, Chargebacks, or any other risk, exposure and/or potential liability to us related to your use of the Payment Processing Services; and h. Reversal means an instruction initiated by a Payment Method Provider, an Acquirer, or Traxion Pay to return funds for an existing Charge.
Use of Service
You may only use Payment Processing Services to facilitate a purchase, sale, donation, order, or other transaction (each a “Transaction”) with your Customers. You may not use Payment Processing Services to send money to others, to conduct any personal transactions, or for any other purposes prohibited by this Agreement. You represent and warrant to Traxion Pay that each Transaction that you process using the Payment Processing Services is solely in payment for your provision or sale of bona fide goods or services (including charitable services) to your Customers.
Restricted Business Activities
You must use the Services in a lawful manner, and must obey all laws, rules, and regulations applicable to your use of the Services and to Transactions. You may not use the Services to enable any person (including you) to benefit from any activities Traxion Pay has identified as a restricted business or activity (collectively, “Restricted Businesses”). Restricted Businesses include use of the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government.
Restricted Business Activities Inclusions
Restricted Businesses shall also include, but not be limited to, any party participating in: Any activities that violate these Terms, any Third-Party Rules, or any other agreement that you have entered into with us or any of our agents in connection with the Payment Processing Services; a. Any activities that violate applicable law; b. Investment and credit services; c. Money and legal services, including money transmitters and money services businesses, check cashing businesses, currency exchanges or dealers, bill-pay services, crowdfunding, insurance, bail bonds, collections agencies, law firms collecting funds for any purpose other than to pay fees owed to the firm for services provided by the firm; d. Virtual currency, including virtual currency that can be monetized, resold, or converted to physical or digital products and services or otherwise exit the virtual world (for example, Bitcoin); e. Gambling, including internet gambling, lotteries, bidding fee auctions, sports betting, internet gaming, contests, sweepstakes, games of chance including legal or illegal forms of gambling; f. Adult services, including pornography and other obscene materials (including literature, imagery and other media) depicting nudity or explicitly sexual acts, sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features, sexually oriented items (for example, adult toys), adult video stores and sexually oriented massage parlors, gentleman’s clubs, topless bars, and strip clubs, sexually oriented dating services; g. Illegal drugs or drug paraphernalia; h. Infringement of Intellectual property or proprietary rights; counterfeit or unauthorized goods; i. The sale of illegal products or services; j. Unfair, predatory, or deceptive practices, including pyramid or “get-rich-quick” schemes; and k. Any products or services that are otherwise restricted by third parties we work with in providing you with the Service, including but not limited to Payment Method Providers.
List of Restricted Businesses
Please review the list of Restricted Businesses thoroughly before registering for and opening an Account. If you are uncertain whether a category of business or activity is restricted or have questions about how these restrictions apply to you, please contact us. We may add to or update the Restricted Business List at any time.
Disputes, Reversals, Refunds, and Chargebacks
You may only submit charges through the Payment Processing Services that are authorized by your Customers. To enable us to process Transactions for you, you authorize and direct us, our affiliates, the Payment Method Providers and Acquirers to receive and settle any amounts due to you from your Transactions through the Payment Processing Services. You may not grant or assign any interest in the amounts due to you from your Transactions to any third party until such time as such amounts are deposited into your Bank Account (as defined below). You appoint Traxion Pay as your agent for the limited purpose of directing, receiving, holding and settling such amounts. You agree that Traxion Pay’s receipt of such amounts satisfies the relevant end-customer’s obligations to make payments to you. We will promptly update your Account balance to reflect any such amounts that we receive on your behalf.
You understand that even authorized Transactions may be subject to a Chargeback. We are not responsible for or liable to you for authorized and completed Charges that are later the subject of a Chargeback, Refund, or Reversal, are submitted without authorization or in error, or violate any applicable laws or regulations.
You are immediately responsible to us for all Chargebacks, Refunds, Reversals, or Fines (as defined below) regardless of the reason or timing. We may decline to act upon a Refund instruction, or delay execution of the instruction, if: a. it would cause your Account balance to become negative; b. you are the subject of bankruptcy proceedings; or c. where we otherwise believe that there is a risk that you will not meet your liabilities under this Agreement (including with respect to the Charge that is the subject of the Refund instruction). Please note that Payment Method Providers and/or Acquirers may also initiate Reversals.
Non-Bank Institution declaration
Traxion Pay is not a bank and we do not accept deposits, provide loans or extend credit. If you accept payment for products or services not immediately deliverable to the Customer, we may, in our sole discretion, initiate a Reversal. Reversals may also result from a. invalidation of a charge by a Payment Method Provider or an Acquirer; b. funds settled to you in error or without authorization; and c. submission of a Charge in violation of this Agreement, Third-Party Rules, and/or applicable laws and regulations.
You may be able to challenge a Chargeback by submitting evidence to us through various channels, including email or as otherwise indicated by Traxion Pay. In the future, we may also allow you submit such evidence through the Traxion Pay Dashboard (the “Dashboard”). We may request additional information to provide to Payment Method Providers and Acquirers to assist you in contesting the Chargeback, but we cannot guarantee that your challenge will be successful. Payment Method Providers and Acquirers may deny your challenge for any reason they deem appropriate. You may not submit a new Charge which duplicates a Transaction that is subject to a Chargeback.
Liability against losses caused by Fraud
You are liable for all losses you incur when lost or stolen payment credentials or accounts are used to purchase products or services from you. Traxion Pay does not and will not insure you against losses caused by fraud under any circumstances.
Traxion Pay will provide you with support in the event you have general issues relating to your Account or your use of the Payment Processing Services. We may make this support available to you via our website or our API documentation. If you cannot resolve the issues you are having with the support we make available to you via our website or our API documentation, please feel free to contact us.
Taxes, Fees and Penalties
Fees and Penalties
Traxion Pay will provide the Payment Processing Services to you at the rates and for the fees (the “Fees”) described on the Traxion Pay website. We may revise the Fees at any time. In case Fees are revised, Traxion Pay will provide you with no less than 30 days advance notice of such change. In addition to the Fees, you are also responsible for any penalties or fines imposed on you in relation to your Account by Traxion Pay or any Payment Method Provider or Payment Method Acquirer resulting from your use of Payment Processing Services in a manner not permitted by this Agreement or a Payment Method Provider’s Third-Party Rules (each such fine or penalty, a “Fine”).
Our fees are exclusive of any applicable Taxes, except as expressly stated to the contrary. You shall pay, indemnify, and hold Traxion Pay harmless from a. any sales, use, excise, import or export, value-added, or similar tax or duty, and any other tax or duty not based on Traxion Pay’s income, and b. all government permit fees, customs fees and similar fees which Traxion Pay may incur with respect to this Agreement. Such taxes, fees and duties paid by you shall not be considered a part of, a deduction from, or an offset against, payments due to Traxion Pay hereunder. Additionally, you understand that we may send documents to you and tax authorities for Transactions processed using the Services. Pursuant to applicable law, we may be required to file periodic informational return with taxing authorities in relation to your use of the Payment Processing Services.
Accounts Settlement General
Subject to the terms of this Agreement, Traxion Pay will instruct the Acquirer to remit to the bank or other financial institution account that you designate (your “Bank Account”), all amounts due to you from your Transactions, minus any Fees, Fines, Reversals, Chargebacks, Refunds, setoffs, recoupments or other amounts that you owe to Traxion Pay under this Agreement. You affirm that you are authorized to initiate settlements to and debits from your Bank Account, and that your Bank Account is owned by you. If you update your Bank Account, then you must ensure that you continue to comply with the requirements of this section. We may require you to provide us with documentary proof demonstrating your compliance with this section, and your failure to provide such proof will constitute a breach of this Agreement.
Accounts Settlement Insufficient Pay-out
If the Payout is not sufficient to cover the amounts due, without limiting our other rights and remedies (all of which are cumulative), you agree that we may debit your Bank Account for the applicable amounts, and/or set-off the applicable amounts against future Payouts. Upon our request, you agree to provide us with all necessary bank account routing and related information and grant us permission to debit amounts due from your Bank Account. We may require a holding period before making initial settlement to your Bank Account.
Your Payout Schedule (i.e. the time it takes for Traxion Pay to initiate settlement to your Bank Account) will be specified on your Dashboard, or as otherwise designated by Traxion Pay. Please be aware that a Payment Method Provider, an Acquirer, or the financial institution holding your Bank Account may delay settlement for any reason (and thus delay your Payout Schedule), and we are not responsible for any harm suffered by you stemming from such delay. We are not responsible for any action taken by the institution holding your Bank Account to not credit your Bank Account or to otherwise not make funds available to you as you expected.
Right to Suspend Settlement
We reserve the right to suspend settlement to you. Examples of situations where we may do so are: a. where there are pending, anticipated, or excessive Chargebacks, Refunds, or Reversals; b. in the event that we suspect or become aware of suspicious activity; or c. where we are required by applicable law or court order. We have the right to withhold settlement to your Bank Account upon termination of this Agreement if we reasonably determine that we may incur losses resulting from credit, fraud, or other legal risks associated with your Account. If we exercise our right to withhold a Payout for any reason, we will communicate the general reason for withholding the Payout and give you a timeline for releasing the funds.
Traxion Pay, in its sole discretion, may place a Reserve on a portion of your Payouts in the event that we believe that there is a high level of risk associated with your business. If we place a reserve on your Payouts, we will provide you with notice specifying the terms of the Reserve. The terms may require that a certain percentage of your Payouts are held for a certain period of time, that a fixed amount of your Payouts are withheld from payout to you, or such other restrictions that Traxion Pay determines in its sole discretion. Traxion Pay may change the terms of the Reserve at any time by providing you with notice of the new terms.
Traxion Pay may hold a Reserve as long as it deems necessary, in its sole discretion, to mitigate any risks related to your Transactions. You agree that you will remain liable for all obligations related to your Transactions even after the release of any Reserve. In addition, we may require you to keep your Bank Account available for any open settlements, Chargebacks and other adjustments.
As security for the payment and performance of all of your now existing or hereinafter arising or incurred obligations under this Agreement or any other obligation to Traxion Pay, you grant to Traxion Pay a lien on, and security interest in and to, all your now existing or hereafter right, title and/or interest in, to or under this Agreement, the Reserve, all funds held in Reserve, all Reserves at any time established in accordance with this Agreement, and all proceeds of any of the foregoing. You agree to duly execute and deliver to Traxion Pay such instruments and documents as may be required to perfect and otherwise give effect to the lien and security interest granted to Traxion Pay under this Agreement.
If you leave any funds dormant in your Account for a period of ten (10) years and you do not give us instructions where to send them, we may be required by applicable law to deem the funds to be abandoned by you, and to deliver them to the Philippine government. To the extent required by applicable law, we will attempt to provide you with notice if we hold funds payable to you in an account beyond the applicable dormancy period for abandoned property.
Suspension or Refusal of Transactions
Suspension or Refusal of Transactions
Traxion Pay may refuse, condition, or suspend any Transactions that we believe: a. may violate this Agreement or other agreements you may have with us; b. are unauthorized, fraudulent or illegal; or c. expose you, Traxion Pay, or others to risks unacceptable to Traxion Pay. If we suspect or know that you are using or have used the Services for unauthorized, fraudulent, or illegal purposes, we may share any information related to such activity with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your Account, your Customers, and Transactions made through your use of the Payment Processing Services.
You may only use our Payment Processing Services to conduct legitimate Transactions with your Customers. You are responsible for your relationship with your Customers. We are not responsible for the products or services you publicize or sell, or that your Customers purchase using the Payment Processing Services; or if you accept donations, for your communication to your Customers of the intended use of such donations. You understand and affirm that you are solely responsible for the nature and quality of the products or services you provide, and for delivery, support, refunds, returns, and for any other ancillary services you provide to your Customers.
Although we provide you with our Payment Processing Services, we have no way of knowing if any Transaction is accurate or complete, or normal for your business in particular or your type of business. Only you are responsible for knowing whether a Transaction initiated by your Customer is erroneous (such as a Customer purchasing one item when they meant to order another) or suspicious (such as unusual or large purchases, or a request for delivery to a foreign country where this typically does not occur). If you are unsure if a Transaction is erroneous or suspicious, you agree to research the Transaction and, if necessary, contact your Customer before fulfilling or completing the Transaction. You are solely responsible for any losses you incur due to erroneous or fraudulent Transactions in connection with your use of the Services.
Customer Responsibility over their customers
Except where Traxion Pay and a Customer have otherwise agreed, you maintain the direct relationship with your Customers and are responsible for: a. acquiring appropriate consent to submit Charges through the Payment Processing Services on their behalf; b. providing confirmation or receipts to Customers for each Charge; c. verifying Customers’ identities; and d. determining a Customer’s eligibility and authority to complete Transactions.
Customer Responsibility on the Payment processing Services
Customers must understand the purpose, amount, and conditions of Charges you submit through the Payment Processing Services. When using the Payment Processing Services you agree to: a. accurately communicate, and not misrepresent, the nature of the Transaction, and the amount of the Charge in the appropriate currency prior to submitting it to the API; b. provide a receipt that accurately describes each Transaction to Customers; c. provide Customers a meaningful way to contact you in the event that the product or service is not provided as described; d. not use Services to sell products 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; and e. inform Customers that Traxion Pay and its affiliates process Transactions (including payment Transactions) for you. You also agree to maintain and make available to your Customers a fair and neutral return, refund, cancellation, or adjustment policy, and clearly explain the process by which Customers can receive a Refund.
Application Programming Interface
Traxion Pay will provide you access to its Application Programming Interface (“APIs”) that you will use to access the Payment Processing Services. You may use the APIs solely as described in the API documentation or as otherwise communicated to you by us. We may update the APIs and API documentation from time to time, and may add or remove functionality. To the extent possible, we will communicate to you any changes in functionality.
API Keys and Authorization
You will be provided with API keys, and you can manage these keys from the Dashboard. Public keys are meant to be used for transactions that are accessed through public channels (e.g. generating tokens for credit card numbers from your web application), and secret keys are for transactions that are done internally in your systems (e.g. creating an actual charge). You are responsible for securing your secret keys – do not publish or share them with any unauthorized persons. Failure to secure your secret keys will increase the likelihood of fraud on your Account and potential losses to you or your Customers. You should contact us immediately if you become aware of any unauthorized use of your secret key or any other breach of security regarding the Services. We will provide more details on proper use of public and secret API keys in the API documentation.
Intellectual Property & Licenses
Ownership of Our IP
Traxion Pay owns all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the API and API documentation, Services (including all files and content), and the Dashboard (collectively, “Our IP”) or any copies thereof. Our IP is protected by copyright, trade secret, trademark, patent, and other intellectual property laws, and all rights in Our IP not expressly granted to you in this Agreement are reserved. To be clear, other than the express licenses granted by this Agreement, Traxion Pay grants no right or license by implication, estoppel or otherwise to Our IP. You may not sell, redistribute, download, export, or reproduce Our IP in any way. You also may not decompile, reverse-engineer, disassemble, or otherwise convert Our IP without our permission.
Improvement Ideas and Suggestions
You may choose to or we may invite you to submit comments or ideas about improvements to the Service, our API, our platform, or any other component of our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Traxion Pay has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you. You also agree that we do not waive any rights to use similar or related Ideas previously known to us, developed by our employees or contractors, or obtained from other sources.
Traxion Pay hereby grants you a revocable, non-exclusive, and non-transferable limited license to access and/or use Traxion Pay’s APIs, developer’s toolkit, and other software in accordance with the accompanying API documentation made available by Traxion Pay for purposes of using the Payment Processing Services. This license grant includes all updates, upgrades, new versions and replacement software for your use in connection with the Payment Processing Services. If you do not comply with these Terms, the API documentation, and any other requirements provided by Traxion Pay, then you will be liable for all resulting damages suffered by you, Traxion Pay and third parties. Upon expiration or termination of this Agreement, you will immediately cease all use of the Service, including the API and the Payment Processing Services.
Additionally, Traxion Pay grants you a revocable, non-exclusive, non-transferable license to use Traxion Pay’s trademarks used to identify the Payment Processing Services (the “Trademarks”) solely in conjunction with the use of the Payment Processing Services. You may only use the Trademarks on the portion of your website or application that directly relates to the Payment Processing Services, such as on a checkout page utilizing our Payment Processing Services. All Trademarks should directly link to our homepage. Traxion Pay may, in the future, provide you with additional guidelines governing your use of the Trademarks.
You agree that you will not at any time during or after this Agreement assert or claim any interest in or do anything that may adversely affect the validity of any Trademark or any other trademark, trade name or product designation belonging to or licensed to Traxion Pay (including, without limitation registering or attempting to register any Trademark or any such other trademark, trade name or product designation). You may not use the Trademarks to imply endorsement by Traxion Pay of your products or services, or in a manner that causes customer confusion. You may not misrepresent your relationship with Traxion Pay, or use the Trademarks in any manner that is misleading or damaging to Traxion Pay, in Traxion Pay’s sole discretion. In addition to any other right that we may have to enforce the terms of this Agreement, you must promptly comply with any request that we make for you to cease a use of the Trademarks that we determine is non-compliant with this paragraph. Upon expiration or termination of this Agreement, you will immediately cease all display, advertising and use of all of the Trademarks. As part of this Agreement, we do not make any representations regarding your use of the Trademarks. We disclaim all warranties, express and implied, including any warranties of non-infringement.
Data Usage, Privacy, and Security
Basic Information. In order for your Customers to process a Transaction through the Payment Processing Services, they will be required to provide you with certain personally identifiable information, which, in turn, you provide to us through your use of the Payment Processing Services. This information may include, but is not limited to: First and last name; Physical and/or mailing address; Financial information, including but not limited to credit or debit card numbers or bank account information; Email address; and, Phone number. Additionally, Traxion Pay may automatically collect information from Customers and their devices and browsers, including: a. Device information, such as a unique device identifier; and, b. Location information, such as your IP address or geo-location.
Customer Data Ownership
All Customer Data shall be owned by you and you hereby grant Traxion Pay a perpetual, irrevocable, sub-licensable, assignable, worldwide, royalty-free license to use, reproduce, electronically distribute, and display Customer Data for the following purposes: a. providing and improving the Services; b. internal usage, including but not limited to, data analytics and metrics so long as such Customer Data has been anonymized and aggregated with other customer data; c. complying with applicable legal requirements and assisting law enforcement agencies by responding to requests for the disclosure of information in accordance with applicable law; and d. any other purpose for which consent has been provided by the Customer. You hereby agree to undertake, and you acknowledge and understand that it is your sole responsibility to provide all notices to and obtain all consents from Customers necessary for Traxion Pay’s use of Customer Data as set out above. For the purposes of this Agreement, “Customer Data” means the personal data that a. the Customer provides to you and you pass on to Traxion Pay through your use of the Payment Processing Services and b. Traxion Pay collects from the Customer’s device and browser through your use of the Payment Processing Services.
Publicity and Advertising
You hereby grant Traxion Pay permission to use your name and logo in Traxion Pay’s marketing materials including, but not limited to use on Traxion Pay’s website, in customer listings, in interviews and in press releases.
Information shared to us
As part of the Service, we may provide you with various information in furtherance of the Service. Our intention in doing so is to be helpful and to make the Service more useful to you. However, you agree that all information and suggestions that we provide to you through the Service is strictly for informational purposes and shall not be construed or relied upon in any way, and specifically shall not be construed or relied upon as professional advice of any kind. You agree that, to the fullest extent permitted by law, and as detailed below in the “Limitation of Liability” section of these Terms, we will not incur any liability at all whatsoever in the event that your reliance on any information provided by us results in harm or damage to you or your property.
Information shared to Customer
Use of the Service
Inappropriate and Illegal Content Prohibited
You agree not to transmit any inappropriate content on the Service including, but not limited to, libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; content that is misleading or not true; or advertise or otherwise solicits funds for goods or services. We may remove such content from our servers, and we may suspend or revoke your access to the Service, and we reserve the right to investigate, and seek applicable remedies for, violations of applicable law to the fullest extent of the law.
Termination of Accounts
Traxion Pay may terminate Accounts that have been the subject of five (5) separate DMCA notices. In the event a user's materials are removed due to a DMCA Notice and then subsequently restored due to the filing of a counter-notification, Traxion Pay will treat the underlying DMCA Notice as withdrawn. Traxion Pay reserves the right to terminate Accounts that are the subject of fewer than five (5) DMCA Notices in appropriate circumstances - such as where the user has a history of violating or willfully disregarding these Terms.
Use of Others' Intellectual Property
Although you may provide information and content to Traxion Pay as part of your use of the Service, you agree to be respectful of others’ intellectual property rights. You may not upload, transmit, or otherwise distribute any information or content in violation of intellectual property laws or proprietary rights of any third parties. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law. In addition, you are solely responsible for infringement of third-party rights caused by any information that is generated or submitted through your use of the Service. We take claims of intellectual property infringement seriously. As such, we reserve the right to suspend and/or revoke access to the Service for any user who is found to have infringed on the intellectual property rights of third parties, or us, or otherwise is found to have violated any intellectual property laws.
Third Party Sites and Services
Our Service is integrated with services provided by third parties as part of the functionality of the Service. We have no control over third parties and make no guarantees about, and assume no responsibility for, the information or services provided by third parties. Additionally, we may provide links to third-party websites and businesses and otherwise may provide information on the Service. You acknowledge and agree that we are not responsible for the accuracy, content, or functionality of services or information provided on or by such third-party websites or businesses or through such information on the Service, and we do not endorse, nor assume any liability related to your use of, such websites, businesses or information in any way. Nothing on the Service shall be considered an endorsement, representation, or warranty of anything posted by other users on the Service.
Services Termination General Provision
Responsibilities after Services Termination
Termination does not immediately relieve you of obligations incurred by you under this Agreement. Upon termination, you agree to (i) complete all pending Transactions, (ii) stop accepting new Transactions, and (iii) immediately remove all Trademarks from your website (unless permitted under a separate license with the payment network). Your continued or renewed use of the Services after all pending Transactions have been processed serves to renew your consent to the terms of this Agreement. If you terminate this Agreement, we will pay out any remaining funds owed to you subject to these Terms. After termination by either party, you shall no longer have access to, and shall cease all use of the Services. Any termination of this Agreement does not relieve you of any obligations to pay any Fees or any other financial obligation incurred by you or through your use of the Services prior to or after termination. In addition, all licenses granted to you by Traxion Pay under this Agreement will end.
Proper Use of the Service
You shall not violate or attempt to violate any security features of the Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; (d) resell the Services or permit third parties to use the Services without our prior written consent; (e) make unauthorized copies of any content in the Services; and (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service.
Additional Legal Terms
Assumption of Risk
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. YOU AGREE THAT IF YOU CHOOSE TO USE THE SERVICE, YOU ARE DOING SO VOLUNTARILY. YOU ASSUME ALL SUCH RISKS WITHOUT LIMITATION.
Disclaimer of Warranties
WE ARE MAKING THE SERVICE AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE. WE DO NOT WARRANT THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability
To The Maximum Extent Permitted By Law, We Shall Not Be Liable For Damages Of Any Kind (Including, But Not Limited To, Special, Incidental, Or Consequential Damages, Lost Profits, Or Lost Data, Regardless Of The Foreseeability Of Those Damages) Arising Out Of Or In Connection With Your Use Of The Service Including, But Not Limited To, Damages Arising From Or Related To Any Of The Following: Any Claim Related To Personal Or Bodily Injury In Connection With The Use Of The Service; Any Harm Or Damage Caused By, Or Otherwise Related To, Your Reliance On Information Provided Through The Service; Any Loss Or Unauthorized Disclosure Of Data; Any Harm Or Damage Caused By, Or Otherwise Related To, Your Use Of Or Interaction With Any Services Offered Through The Service; And Any Violations Of Applicable Laws, Rules, Regulations, And Other Agreements. This Limitation Shall Apply Regardless Of The Legal Theory Or Form Of Action.
In No Event Will Our Aggregate Liability Arising Out Of Or In Connection With These Terms And Your Use Of The Service Exceed One Hundred Dollars ($100.00).
The Limitations Of Damages Set Forth Above Are Fundamental Elements Of The Basis Of The Bargain Between You And Us.
Some Jurisdictions Do Not Allow The Exclusion Or Limitation Of Liability For Certain Types Of Damages Or Causes Of Action, So The Above Limitation May Not Apply To You.
In the event that any third party brings a claim against us related to your actions, content, information, or any other use of the Service by you, you agree to indemnify, defend, and hold us and our agents harmless from and against any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) relating to such claim. We will notify you promptly of any such claim and will provide you with reasonable assistance, at your expense, in defending any such claim, provided, however, that our failure to so notify you shall not relieve you of your indemnity obligations, but instead shall reduce those obligations by the amount of damages or increased costs and expenses attributable to our failure to give notice. We reserve the right to approve counsel retained by you, to take control of the defense (at our expense) of any claim for which indemnity is required, and to participate in the defense of any claim (at our expense) for which indemnity is required. You may not settle any claim without our prior consent.
Dispute Resolution – Event
You agree to resolve any dispute, claim, or controversy with Traxion Pay arising out of or relating to your use in any way of the Service in the following manner. First, we both agree to attempt in good faith to resolve the dispute informally by contacting each other by email. Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by the court, which shall take place in Pasig City, Philippines, and the costs of which shall be divided equally between you and Traxion Pay. Third, if any such dispute is not resolved through informal resolution and mediation, we both agree to first refer such dispute for settlement through binding arbitration administered by court, which shall take place in Pasig City, Philippines.
Dispute Resolution - Fees
Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above. We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor Traxion Pay, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect. Nothing contained in this Section shall limit our ability to take action related to your access to the Service as provided in these Terms.
Governing Law, Venue, and Personal Jurisdiction
These Terms shall be governed by the laws of the Republic of the Philippines, without regard to conflict of law provisions. In the event a lawsuit is filed subsequent to a failure of dispute resolution as provided under the immediately preceding provisions, we both agree that any judicial proceeding shall be brought exclusively in the appropriate courts of the City of Makati, Philippines.
If, for whatever reason, any term or condition in these Terms is found unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Changes to These Terms
Traxion Pay reserves the right to change these Terms from time to time, with or without notice to you. If you continue to use the Service, you consent to the new Terms. Any changes to these Terms will become effective on the “Effective Date” indicated above. If you continue to use the Service after the Effective Date, you consent to the new Terms. Traxion Pay will always have the latest Terms posted on the Service.
If you have any questions about these Terms or our Service, please feel free to contact us by email [email protected]
Headings Used in These Terms
The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms in any way.
ANNEX OF PAYMENT PROVIDERS AND ACQUIRERS
|Payment Provider and/or Acquirer||Payment Type|
PayMaya Philippines Inc.
|Online Banking, OTC, OTC Non-Bank, Supported Banks, Cebuana Lhuilier|
|Coins.ph||Cebuana Lhuilier, Other OTC payments, Coins.ph|
|Union Bank of the Philippines||Instapay, Pesonet|
Electronic Commerce Payment Inc.
Globe Fintech Innovations Inc.
Definition of parties
Please read this Policy carefully. By clicking the applicable button or checkbox to indicate your acceptance to this Policy and our Terms, or otherwise by creating an Account and using the Service, you represent and agree that you have read, understand, and agree to be bound by both this Policy and our Terms as binding agreements.
Updates on Policy
We may update this Policy from time to time. If you continue using the Service after we make any changes to this Policy, you accept and agree to be bound by those changes. The most updated version of this Policy will always be posted on the Service, so we encourage you to check the Policy periodically. In certain situations, we may notify you about material changes to the Policy. You are responsible for ensuring we have an up-to-date, active, and deliverable email address on file for you, and you agree that your use of the Service will be subject to any updated Policy posted on the Service, whether or not you receive notice of such changes.
This Policy applies to personal information we collect on the Service. It does not apply to any non- personal information or any information collected by any third party. As used in this Policy, “personal information” means information that can be used to identify any natural person either directly or indirectly. Moreover, if you are a Customer, we may collect Customer Data either directly from you or from the user using our Payment Processing Services.
Voluntarily Provision of Personal Information
When you register for an Account, we require that you provide us with certain personal information about you. This includes, but is not limited to, your first and last name, e-mail address, and the name of your business. As part of the account registration and verification process, we may also ask you for certain other information, such as your phone number and your business’s tax identification number, as well as documents that include personal information about you. These documents include, but are not limited to, government-issued identification including identification containing photo and signature, bank statements, proof of income, documentation verifying the legal existence of your business and its beneficial owners and principals, bank statements and related banking information, and other financial documents to verify your identity and assess the risk associated with your business. Even if you access and use the Service without registering for an Account, you may choose to provide us with certain personal information about you (for example, you may want to sign up for our newsletters or RSVP for events). The collection of this information is necessary to provide the functionality of the Service and/or to comply with applicable laws and regulations related to the Service’s product offerings.
If you are a Customer, when you make a payment through a user’s website or application in relation to a Transaction, we will receive certain Customer Data. Customer Data may include: a. First and last name; b. Physical and/or mailing address; c. Financial information, including but not limited to credit or debit card numbers or bank account information; d. Email address; and e. Phone number.
The collection of this Customer Data is necessary to provide the functionality of the Service (mainly, to process the Transaction) and/or to comply with applicable laws and regulations related to the Service’s product offerings. We may use Customer Data for the following purposes: a. providing and improving the Services; b. internal usage, including but not limited to, data analytics and metrics so long as such Customer Data has been anonymized and aggregated with other customer data; c. complying with applicable legal requirements and assisting law enforcement agencies by responding to requests for the disclosure of information in accordance with applicable law; and d. any other purpose for which consent has been provided by the Customer.
Automatically collected Personal Information
Information Collected and Required
We collect certain information about you automatically as you access and use the Service and may similarly collect information from Customers. This includes: a. Device information, such as a unique device identifier; and b. Location information, such as your IP address or geo-location. This information does not identify you directly but may nevertheless be considered personal information.
Use of Information
We use the personal information that we collect to make the Service available to our users, to comply with our legal obligations under anti-money laundering and related laws, to market and promote the Service, to improve the Service, and to protect our legal rights.
Specific Examples of where information will be used
Examples of the ways in which we may use your personal information include: a. Allowing you to register for an Account and use the Payment Processing Services; b. Verifying your identity in compliance with our obligations under applicable law; c. Identifying fraudulent or illegal activity; d. Providing you with information, products or services that you request from us; e. Carrying out our obligations and enforcing our rights arising from any contracts entered into between you and us, including for billing and collection; f. Notifying you about changes to the Service, such as updates to this Policy; and, g. Understanding how our users interact with the Service to improve the Service and our product offerings.
Use for Marketing and Promotions
In addition to the above, if you choose to opt in to receive marketing and promotional communications from us, we may use your personal information to contact you about our products. If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails, or by whatever other means we allow you to unsubscribe. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages that are required to provide you with our Services. We may also use your personal information for any other purposes with your consent.
Sharing of Personal Information
Basic Use of Information
We may disclose or share personal information that we collect in the following circumstances: a. With our subsidiaries and affiliates (please refer to the List of Third Parties for the list thereof); b. With our contractors and vendors who support aspects of the Service and our business, including: services related to website hosting, data analysis, information technology and related infrastructure, bank account identity and authentication, helpdesk and support, user identity verification, and fraud prevention (please refer to List of Third Parties for the list of said contractors and vendors); c. With our banking partners, including Payment Method Providers and Acquirers, who enable the processing of Transactions via the Payment Processing Services (please refer to the List of Third Parties for the list thereof); d. With a buyer or other successor in the event of a merger, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred (in such event, we will provide notice to our users of such transfer); e. When we believe, in good faith, that disclosure is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Terms of Service or any other applicable policies; and f. With your express consent.
Confidentiality of Information
Any third-party entity to whom we disclose your personal information is contractually required to comply with confidentiality standards and establish adequate safeguards for data privacy, undertake to respect your right to privacy and comply with applicable laws. We also require that these third-party entities use information shared with them only for authorized purposes and follow our reasonable directions with respect to this information.
Use of information as requred by State
Additionally, we may share your personal information as required to comply with any subpoena, court order, similar legal process, including to respond to any government or regulatory request. To the extent permitted by law, we will notify you if we receive government requests about your data.
Sharing with Anonimity
Finally, we may disclose anonymized, non-personal information about the Service and our users without restriction.
Request for Non disclosure
If you do not wish any of your personal information to be shared to any third party or for any of the indicated purposes, please contact us immediately.
Accessing and Correcting Your Information
You are solely responsible for ensuring that any personal information that you provide to us is accurate. You may be able to view and update certain personal information that we have about you by logging into your Account or by emailing address provided at the end of this Policy. Please note that we reserve the right to reject any changes you make to your personal information and to reject any requests to change your personal information submitted through inappropriate channels.
We use commercially reasonable physical, technical, and administrative measures to secure your personal information from accidental loss and from unauthorized access, use, and disclosure. For example, we a. have implemented a strict data security policy, b. restrict access to personal information to employees, contractors, and other service providers on a need-to-know basis, c. use industry-standard encryption technology to secure data, d. train our personnel on privacy issues and have appointed a data privacy officer, e. review the privacy practices of new products and services that we integrate into our Service, and f. require our personnel to sign confidentiality agreements that extend to your personal information. However, the transmission of information via the Internet is not completely secure. As we cannot guarantee the security of information transmitted to or from us, we are not responsible for any unauthorized access to and disclosure of any information you send to or receive from us. Any transmission of personal information is at your own risk.
Please also keep in mind that the safety and security of your information also depends on you. You are responsible for keeping your account information, including your password, confidential. We ask you not to share your password with anyone. If you have reason to believe that your data is no longer secure, please contact us immediately at the email address, mailing address or telephone number listed at the end of this Policy.
We may retain your personal information for the longer of: (i) six (6) months after receipt of your request to delete your Account; (ii) the length of time required by law; (iii) the length of time required by our compliance program; or (iv) the length of time required by our banking partners, including Payment Method Providers and Acquirers. Please note that if you delete your Account, we may still retain your personal information as explained above. You may delete your Account through the Dashboard, or you may email the address provided at the end of this Policy.
Automated Data Collection Technologies
As you navigate through and interact with the Service, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, as further described in this Policy.
Cookies and Analytics
Other Technologies. We may use other third-party services that automatically collect information about you to better understand how you use and interact with the Service. For example, we may use third-party vendors to provide us with services surrounding analytics, advertising, and cybersecurity. The information collected through this process by the third-party service providers does not enable us or them to identify your name, contact details or other personal information that directly identifies you unless you choose to provide these
“Do Not Track” Signals
To the extent that we receive any Do-Not-Track signals, we will not comply with them.
Any third-party services integrated with the Service shall be subject to the policies and practices of such third parties, and we are not responsible for how they collect, use, and share your personal information. We encourage you to review the privacy practices and policies of such third parties. We make no guarantees about, and assume no responsibility for the information, services, or data privacy practices of third parties.
To ask questions or comment about this Policy and our privacy practices, contact us.
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