iPASS MONEY terms and conditions of contracted institution
When applying to iPASS Corporation (hereafter referred to as the Company) for
the electronic payment account collection function, the user shall follow the
Company’s procedures for verification and provide relevant data and documents, and
shall not conduct any transaction collection with varying collection methods offered
by the Company until passing the Company’s verification.
Article 1. Glossary definitions
The definitions of terms used in this terms and conditions are as follows:
1. Payment custody: When making payment through the Company’s electronic
payment account, the transaction amount will be retained in the dedicated bank for
a certain period of time before being appropriated to the contracted institution.
The payment custody period shall be adjusted in accordance with the contracted
institution’s attributes.
2. Immediate appropriation: When the amount paid by the user is put in the
dedicated bank account, it will be immediately appropriated into the electronic
payment account of the contracted institution.
3. Offshore institution: It refers to an institution that is incorporated and registered
according to the statutory laws and regulations of another country or region
(including mainland China) for the e-payment institution business equivalent to
what is defined in the Act Governing Electronic Payment Institutions.
4. Payment account of offshore institution: It refers to the online account offered by
offshore institutions to the user, which is equivalent to the electronic payment
account defined in the Act Governing Electronic Payment Institutions.
5. Cross-border services: They refer to the services provided by the payment
collection user approved by the competent authorities for cooperation with
offshore institutions as prescribed by Article 15 of the Act Governing Electronic
Payment Institutions by using the offshore institution payment account for
remitting collected or paid amounts as an agent in the territory of the Republic of
China for actual transactions made through physical channels from the natural
person without a domicile in Taiwan.
Article 2. Consent of the contracted institution
1. The contracted institution shall comply with the laws and regulations, and
service specification agreed by the contracted institution when using the cash
flow service provided by the Company to collect funds (hereinafter referred to as
the “collection service”).
2. When a transaction dispute arises between the contracted institution and the
payor user, the Company shall, in the spirit of service, assist the users in
resolving the transaction dispute. If any loss or damage is suffered by the
Company, the contracted institution shall be liable for damages, and the
Company may claim any relevant legal rights against the contracted institution.
3. If the contracted institution fails to comply with this Terms for contracted
institution, the service description on the Company’s website, or the operation
tips and rules on the transaction page, the Company may refuse to provide the
contracted institution with part or all of the collection service, and the contracted
institution shall bear the responsibility arising therefrom. If the Company’s false
payment is attributable to the contracted institution, which causes the payment of
transaction to be disbursed in advance to the e-payment account or deposit
account of the contracted institution, the contracted institution shall return such
payment within the time limit notified by the Company, and agree that the
Company may deduct such payment from the balance of the contracted
institution’s e-payment account or other collected funds as agent for the
contracted institution and/or suspend the contracted institution’s right to
withdraw such amount of payment from its e-payment account to its deposit
account. In addition, the contracted institution shall bear the related fees.
4. The Company may use the information registered to the Company by the
contracted institution for the purpose of printing or establishing the business
catalogue, except when the contracted institution refuses to be published.
5. The contracted institution shall be responsible for the safekeeping and
confidentiality of the special account and password issued by the Company for
the collection service, including but not limited to the testing account and
password.
6. The Company may inquire the contracted institution of the goods for transaction
or the content of the service item provided by the contracted institution. The
contracted institution shall have the responsibilities to disclose and describe the
providing goods and services in detail and indicate other related matters (such as
additional fees), and shall ensure the correctness of the transaction data.
7. The contracted institution shall handle the issues of unified invoice and tax filing
in accordance with the relevant provisions of the tax law.
8. The contracted institution agrees to cooperate with the Company, the cooperative
financial institutions of the collection service or the competent authorities (such
as the Financial Supervisory Commission, etc.) to conduct the checking
operation regularly or irregularly (the checking content including but not limited
to transaction records or abnormal transactions) and handle the relevant matters.
In addition, the contracted institution agrees that the Company or other
authorized authority may perform the necessary data security check on the
contracted institution to ensure the security of the transaction data.
9. The contracted institution may contact the customer service unit of the Company
immediately after encountering a transaction obstacle. The contracted institution
shall not contact the person whose identity has not been confirmed by the
Company, so as to avoid losses of other users due to the leakage of personal data
or related information of transactions. The contracted institution shall be liable
for damages if the loss of the above circumstances is attributable to the
contracted institution.
10. The contracted institution shall disclose at a conspicuous place on its business
website or physical store that the payment service of transaction is provided by
“iPASS Corporation”. The specific disclosure method shall be subject to the
provisions of the Company.
11. The Company may(could) require the contracted institution to undergo the
necessary education and training and to cooperate in the outreach of laws and
regulations.
Article 3. Online Transaction
1. For electronic transactions via Internet connection, the contracted institution
shall be responsible for necessary checks of its counterparty of the transaction.
2. The contracted institution shall disclose the relevant information of the traded
goods or services (such as the following example) to the payor user before the
transaction, and shall retain all order records, shipping documents and customer
receipts. If a transaction dispute arises, the Company will assist the
„P Commodity Price: Transaction amount (including business tax).
„P Payment method: The payment method provided.
„P Product Content: The content of the goods or services provided.
„P Contact: Customer Service Information (Contact Phone and E-Mail
Address).
„P Delivery method: How and when the goods are sent (courier, postal, postal
charges and who should be burdened, or other matters).
„P Return conditions: Return methods and conditions.
„P Hesitation period: The message and period of the “product hesitation
period”.
„P Other conditions: Whether the product has import and export restrictions or
additional taxes (special instructions are required for different countries and
regulations).
„P The disclosure related to the sale of goods in accordance with the laws
(such as licensed number or certificates issued by the government).
Article 4. Transaction of Physical Channel
1. Transaction of physical channels refers to the services that the user may use via a
mobile device or other portable devices to scan QR Code provided in physical
channels (stores) for the collection and payment of funds when undergoing real
transactions.
2. When the user conducts a transaction in a physical channel (store), both parties
to the transaction shall only pay and receive the payment by using the
Company’s payment application APP, and the user shall abide by the Company’s
APP-related usage rules.
3. The user shall not modify the content of the Company’s APP or any part thereof
for any purpose in any way.
4. The recipient user shall not provide the payor user with the service of exchange
for cash or change if their payment of transaction is made via the Company’s
APP at the physical channel.
5. The contracted institution shall clearly disclose the use of the Company’s APP
payment methods and restrictions in the physical channel (store) business
premises to clearly inform the payor user.
Article 5. Confidentiality and Ownership
1. Unless otherwise required by law or the competent authority, the contracted
institution shall keep any of the payor user’s transaction data and other relevant
information known due to this collection service in confidence so as to comply
with the Personal Information Protection Act and relevant regulations.
2. All patents, trademarks, business secrets, other intellectual property rights,
ownership or other rights of relevant business data, services and software and
hardware devices in the service system of collecting and making payment as an
agent are owned by the Company. Unless otherwise required by law or the
competent authority, the contracted institution shall keep them confidential.
Without the consent of the Company, the contracted institution shall not
reproduce(remake), transmit, modify, edit, publish or use them for any other
purpose. The contracted institution shall be responsible for damages if any loss is
suffered by the Company or the third party, including but not limited to loss of
property, reputation or goodwill.
3. The confidentiality obligation under this Article shall survive the termination or
the expiration of “iPASS MONEY terms and conditions of contracted
institution”.
Article 6. Matters especially agreed to herein
1. The contracted institution shall not be involved in the financial products or
services not approved by the competent authorities for collecting or paying
transactions as an agent, and the transactions prohibited by statutory laws and
regulations, or as announced by respective central industry competent
authorities.
2. If the contracted institution sells or offers deferred goods or services, it shall
follow the relevant laws and regulations to process performance escrow or trust
delivery and disclose the information on the performance escrow or trust
delivery to users.
3. When using the service of collecting and paying actual transaction amounts to
collect the transaction amount, the contracted institution shall properly keep the
relevant transaction data, documents and receipts for at least five years. It shall
also follow the Company’s request to offer the data related to the transaction
content, such as transaction terms, performance method and results, as well as its
business items and qualifications. For the data requested by the Company, the
contracted institution shall give a detailed account and provide required
documents.
4. When the Company works on collecting and paying the amount of an actual
transaction as an agent, and after the contracted institution establishes an order,
the contracted institution shall ship the goods to the user upon receiving the
information on the paid order from the Company, whereby the Company shall
appropriate the amount to the contracted institution upon receiving the
instruction from the user who makes the payment for immediate appropriation or
after the end of the payment custody.
5. After agreement and confirmation by the contracted institution for refunding, the
Company will convert the refunded amount into the stored value fund after
confirming the original order’s payment status and complete the refunding within
15 workdays.
6. In the event that the preceding refunding operation cannot be made, the
Company shall inquire the user if they can provide their own deposit account
which can be used for the refunding operation.
7. In case of any questions regarding transaction details or account affairs from the
user, the Company will set up a case number and respond to the user on the
handling status within 7 workdays.
8. Unless otherwise stated by law or required by the competent authorities, the
contracted institution shall keep confidential the data collected from its use of the
service of collecting and paying transaction amounts as an agent, and comply
with the Personal Data Protection Act.
9. The contracted institution agrees that, within the scope allowed by law, the
Company may register the data of signing and termination of the contract with
the contracted institution in the Joint Credit Information Center. When the
Company accepts the registration application from a non-individual contracted
institution and when the Company’s actual transaction amount with the
individual contracted institution reaches the monthly transaction sum required by
law, the Company may inquire the Joint Credit Information Center for the
information on the contracted institution’s contract signing and termination as
reported by the electronic payment institution and contracted store’s contract
signing and termination reported by the credit card business institution, and the
data required by other competent authorities, in which the relevant records shall
be kept.
10. The contracted institution agrees that, as required by the cross-border service
operation, the Company may provide the offshore institution with the
information regarding the store’s name, business administration No., business
items, merchandise sales website, transaction data, etc.
Article 7. Contracted institution’s liabilities
1. If the contracted institution has physical channels, it shall conduct educational
training for its cashiers, and shall not allow the cashiers without educational
training to engage in the electronic payment account collection job.
2. The contracted institution shall not evade the payment instructions under the
business management rules of electronic payment institutions to have
transactions made by split bills or other improper ways.
3. The contracted institution is liable for custody of the documents covering
transaction data, related documents, receipts and the orders showing user’s
electronic payment account.
4. The contracted institution shall delete or cease processing or using the
documents covering transaction data, related documents, receipts and the orders
showing user’s electronic payment account in accordance with relevant laws and
regulations.
5. The contracted institution shall not make advance payments for relevant fees on
behalf of the user, and request the Company to make the payment later on.
6. Unless a contracted institution has a due reason and both parties agree to it,
contracted institution shall not restrict or reject user’s use of the electronic
payment account for payment or participation in various kinds of special offers.
7. Unless the contracted institution has a due reason and both parties agree to it, the
contracted institution shall not pass on the service fee and other expenses
required by the terms and conditions to the user, or increase the price for other
reasons. If confirmed by the Company as true, it shall be deemed default and the
Company may suspend the transaction or directly terminate the Agreement.
Article 8. Amount appropriation method and collection of service charge
The Company’s collection or payment of the actual transaction amount as an agent
shall be processed in accordance with the periodic clearing and settlement agreed by
both parties, in which the contracted institution shall pay the expenses to the
Company as per the rate or service charge agreed by both parties, or the amount
agreed by both parties.
Article 9. Modification or termination of the terms and conditions
1. Matters not covered by the terms and conditions shall be subject to the laws and
regulations relevant to the Act Governing Electronic Payment Institutions and the
“iPASS Electronic Payment Institution Business Standard Form Contract” and
other relevant announcements.
2. For any amendment to the terms and conditions, the Company shall notify the
contracted institution as required by the preceding “iPASS Electronic Payment
Institution Business Standard Form Contract” for change of the contract articles
or according to the method agreed by both parties at least 7 days prior to the
amendment taking effect. In the case that the contracted institution disagrees
with the amendment, it may notify the Company of termination of the terms and
conditions in writing or by e-mail or other methods offered by the Company
before the amendment’s effective date. If the contracted institution fails to put
forth any objection to the amendment before the amendment effective date, it
shall be deemed as consent to the amendment.
3. The contracted institution may notify the Company of termination of the terms
and conditions at any time in writing or by e-mail or other methods offered by
the Company.
4. In case of termination of the terms and conditions, the Company shall notify the
contracted institution at least 30 days prior to the termination date in writing or
by e-mail, pushing notification of the collection service app or other methods
agreed by both parties.
5. In case of any of the following circumstance occurring to the contracted
institution, the Company may immediately suspend part or all of the collection
service. If the circumstance is serious, it may terminate the terms and conditions
and the “iPASS Electronic Payment Institution Business Standard Form
Contract” and notify the contracted institution in writing, or by e-mail, text
message, pushing notification of the collection service app or other methods
agreed by both parties:
(1) Engaging in any transaction which is illegal or prohibited by the government.
(2) The license or company business registration required by performance of the
terms and conditions is revoked by the administrative authority.
(3) The business is closed; settlement, bankruptcy, reorganization, liquidation, or
dissolution is petitioned in accordance with the Bankruptcy Law; the bill
credit is poor; the account is repulsed as announced by the clearing house;
the business is suspended; as enforced by the court or administrative
authority, the business is suspended and the company’s operation is
discontinued or there are other matters that can affect the bill credit and make
the terms and conditions unable to be fulfilled.
(4) The ownership of all the business assets and property or operating
concessions have been assigned to others.
(5) Those who do not cooperate for identity verification or re-check.
(6) Those who are likely to submit false identity data.
(7) There is considerable evidence showing that the contracted institution has
conducted illegal acts, such as fraud and money laundering, or has been
suspected of engaging in such illegal acts through the electronic payment
account.
(8) Discretionary transfer of the rights or obligations of the terms and conditions
to a third party without consent of the Company.
(9) Petition for bankruptcy declaration according to the Bankruptcy Law or
request for pre-negotiation, pre-mediation, renewal or liquidation
proceedings pursuant to the Statute for Consumer Debt Clearance, or
processing of the same or similar procedures in accordance with other
statutory laws and regulations.
(10) The contracted institution or user is illegal as reported by relevant
authorities or other electronic payment institutions.
(11) As ordered by judicial or relevant authorities, the amount of the electric
payment account has been seized or the purview of the contracted institution
is suspended.
(12) Violation of Paragraph 5 of Article 14 of the “iPASS Electronic Payment
Institution Business Standard Form Contract”.
(13) Other material violations of the “iPASS Electronic Payment Institution
Business Standard Form Contract” or the terms and conditions.
Article 10. Court of competent jurisdiction
The terms and conditions shall be governed by the laws of the Republic of China as
the applicable laws and construed according to the laws of the Republic of China. In
case of any litigation arising out of the terms and conditions, both parties agree that
Taiwan Kaohsiung District Court shall be the court of competent jurisdiction for the
first instance unless otherwise stated by law.