Term and Condition

TH

Term and Condition for easyBills Service

Effective Date: May 1, 2018

Welcome to easyBills Service
This Term and Condition (“Term”) is a contract between you and 2C2P (Thailand) Co., Ltd. (“2C2P”), a company incorporated under Thai laws, and governs all your use of easyBills Service. You have accepted and agreed to comply with all the terms and conditions contained herein including Privacy Policy which you have carefully and thoroughly read and understood

1. easyBills Service and Eligibility.
1.1 easyBills Service.

  • (a) easyBills Service is a payment service provided by 2C2P for public utility charges, insurance fees, prices of goods and/or services including top-ups for mobile phone and e-Wallet for which you may choose to conduct the payment transactions through website or mobile application, compatible with both iOS and Android.
  • (b) 2C2P is the payment service provider and acts as such by creating, hosting, maintaining and providing 2C2P payment system so that you can use payment service via the internet. 2C2P’s easyBills Service allows you to make payment to any person through the channels and methods designated by 2C2P. easyBills Service is presently available within Thailand only. The services offered and provided by 2C2P is in compliance with the applicable laws and regulations of Thailand.
  • (c) 2C2P does not conduct remittance business nor is a money transfer service provider; and, you must not use easyBills Service and all the relevant services offered and provided by 2C2P in order to remit funds to any third party.
  • (d) 2C2P does not have any control over and is not responsible or liable for the goods, the services and/or the top-ups for which the payment is made through easyBills Service. 2C2P does not take part in or otherwise witness the transactions, agreement and/or contract between you and the seller of goods (“Seller”) or the provider of the service (“Service Provider”). 2C2P cannot ensure whether the Seller or the Service Provider whom you are dealing with will actually complete the transaction.

1.2 Eligibility.

  • (a) To be eligible to use easyBills Service, you must be at least 18 years old or higher or reach the age of majority according to the laws of Thailand.
  • (b) This Term applies only to the users of easyBills Service who are residing in Thailand.

1.3 Information.

In order to use easyBills Service, you must provide 2C2P with your correct and updated Information, as follows:

  • (a) Your contact information.
    It is your responsibility to keep your email address provided to 2C2P at the time of your use of easyBills Service up to date so that 2C2P can communicate with you electronically. You understand and agree that if 2C2P sends you an electronic communication but you do not receive it because your email address is incorrect, out of date, blocked or you are otherwise unable to receive electronic communications, 2C2P will be deemed to have provided the electronic communication to you effectively.
  • (b) Identity Verification.
    You authorize 2C2P, directly or through third parties, to make any inquiries 2C2P considers necessary to validate your identity. This may include asking you for further information or documentations, requiring you to provide a taxpayer or national identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report or verifying your information against third party databases or through other sources.
  • (c) Credit Report Authorization.
    You authorize 2C2P to request for and obtain your credit information, regardless whether you are a natural person or a juristic person, from a credit bureau as prescribed by laws at any time 2C2P believes there may be a high level of risk associated with your use of easyBills Service.
  • (d) Updates to Information.
    If the number of your credit card or debit card; or, expiration date of your credit card or debit card changes, 2C2P may acquire that information from any of our financial service partners and update that information.

1.4 Beneficial Owner.

You must be the beneficial owner of the credit card, debit card or bank account that you use for making payment for the goods, the services and/or the top-ups through easyBills Service.

2. Payment Conditions.

2.1 Received Amount.
The amount of payment for the goods, the services and/or the top-ups that you can make through the use of easyBills Service shall be as designated by 2C2P, the Seller or the Service Provider. 2C2P will notify you of such information via 2C2P’s website.

2.2 Cards as Payment Methods.
By adding a debit card or credit card as a payment method, you are granting 2C2P with continuous authority to automatically charge that card to obtain the relevant funds when the card is used as a payment method pursuant to this Term. You can stop the continuous authority in respect of any card by removing that card as a payment method in your user account profile.

2.3 Payment Cancellation, Payment Modification or Refund.
While using easyBills Service, if you mistakenly conducted the payment transaction (such as input incorrect amount, incorrect mobile number intended for the top-ups or incorrect reference number) or conducted the same payment transaction twice, you cannot amend or adjust such mistaken transaction nor cancel the double payment transaction; and, 2C2P will not refund the amount of payment already received as well as the applicable fees as specified in Appendix A (“Fees”) to you. You must directly contact the Seller or the Service Provider to require the Seller or the Service Provider to amend, adjust such mistaken transaction or refund to you the amount of any mistaken transaction or double payment transaction.

3. Eligibility for Use.
3.1 Ability to Make Payment.

Your ability to make payment from your local bank account may be limited by theterm and condition of the account that you opened with each financial institutionand/or the Seller or the Service Provider.

3.2 Liability for Invalidated Payments.

In the event you have filed a refusal of payment, the issuer bank will consider todetermine the person who is required to make the payment. If you are defeated inthe refusal of payment dispute or any other dispute which requires you to makepayment according to this Term, you must make payment together with theapplicable fees as specified in Appendix A (“Fees”) to 2C2P.
You agree that for any and all the amount of monies that you are responsible orliable to pay or reimburse 2C2P, you will pay or reimburse such amount of monies to2C2P according to the methods and within the period designated by 2C2P.

4.Errors and Unauthorized Transactions.

When an error or unauthorized transaction occurs with respect to your use ofeasyBills Service, you will be fully responsible for such error or unauthorizedtransaction which occurs through your faults.
If you believe that there has been any error or unauthorized transaction occurredconcerning your use of easyBills Service, please contact 2C2P, as follows:

  • Send an email to 2C2P at: support@2c2p.com; and/or,
  • Call 2C2P Customer Service at 02-026-3000.
While contacting 2C2P, you must provide 2C2P with all of the following information:
  • Your name and email address you provided to 2C2P under article 1.3(a);
  • A description of any suspected error or unauthorized transaction; and, anexplanation as to why you believe it is incorrect or why you need moreinformation to identify the transaction; and,
  • The amount of any suspected error or unauthorized transaction.
  • After you have orally notified 2C2P of such incident, you must send 2C2P your complaint or question in writing within 10 (ten) days. During the course of 2C2P’s investigation, 2C2P may request additional information from you.

5.Your Errors.

if you mistakenly conducted the payment transaction and/or conducted the samepayment transaction twice, you must directly contact the Seller or the ServiceProvider to require the Seller or the Service Provider to amend or adjust suchmistaken transaction or double transactions. In all events, 2C2P will not reimburseyou or reverse a payment that you have made in error.

6.Restricted Activities.

In connection with your use of esayBills Service or in the course of your interactionswith 2C2P, other users or third parties, you must not:

  • a. breach this Term, any policy and/or any agreement that you have agreed to with2C2P;
  • b. violate any law, statute, ordinance or regulation;
  • c. infringe 2C2P's or any third party's copyright, patent, trademark, trade secret orother intellectual property rights, or rights of publicity or privacy;
  • d. act in a manner that is defamatory, trade libelous, threatening or harassing to2C2P, 2C2P’s employees and/or agents or other users;
  • e. provide false, inaccurate or misleading information;
  • f. engage in potentially fraudulent or suspicious activity and/or transactions;
  • g. refuse to cooperate in an investigation or provide confirmation of your identityor provide any documentation to verify the information you provided to 2C2P;
  • h. use easyBills Service in a manner that is leading or may lead to complaints,disputes, claims, reversals, chargebacks, fees, fines, penalties or other obligationsto 2C2P, other users, any third party or yourself;
  • i. received credit scores from any credit reporting agency that indicates a high levelof risk associated with your use of easyBills Service;
  • j. disclose or distribute another user's Information to any third party, or use theinformation for marketing purposes unless you have received such user’s expressconsent to do so;
  • k. take any action that imposes an unreasonable or disproportionately large load on2C2P’s infrastructure;
  • l. facilitate any viruses, trojan horses, worms or other computer programmingroutines that may damage, detrimentally interfere with, surreptitiously interceptor expropriate any system, data or information;
  • m. use an anonymizing proxy; use any robot, spider, other automatic device ormanual process to monitor or copy 2C2P’s website without 2C2P’s prior writtenpermission;
  • n. use any device, software or routine to bypass 2C2P’s robot exclusion headers, orinterfere or attempt to interfere with 2C2P’s website or the easyBills Service; or,
  • o. take any action that may cause 2C2P to lose any of the services from 2C2P’sinternet service providers, payment processors or other suppliers.

7.Your Liability - Actions 2C2P May Take.
7.1 Your Liability.

General. You are solely responsible for all reversals, chargebacks, claims, fees, fines, penalties, interest charges (applicable interest rate by law) and other liabilities incurred by 2C2P or any third party caused by or arising out of your breach of this Term and/or your use of easyBills Service. You agree to reimburse 2C2P or such third party for any and all such liabilities.

7.2 Reimbursement for Your Liability.

In the event you are liable for any amount owed to 2C2P, you must transfer such amount into 2C2P’s account or reimburse to 2C2P through an alternative method within the period designated by 2C2P; failing which, you are obliged to pay late payment interest to 2C2P in the rate of 7.5% per annum of the outstanding amount owed to 2C2P calculating form the date of default until the payment in full and correct amount is made to 2C2P.

7.3 Actions by 2C2P – Restricted Activities.

If 2C2P, in its sole and absolute discretion, believes that you may have engaged in any Restricted Activities, 2C2P may take various actions to protect 2C2P, 2C2P’s affiliates, other users, any third party or you from reversals, chargebacks, claims, fees, fines, penalties and any other liability. The actions 2C2P may take includes but are not limited to the following:
(a) 2C2P may close, suspend or limit your access to easyBills Service; and,
(b) 2C2P may refuse to provide easyBills Service to you immediately and in thefuture.

7.4 Actions by 2C2P – Termination of Service, Limited Access to Service; Confidential Criteria.

2C2P, in its sole and absolute discretion, reserves the right to terminate this Term and/or your access to easyBills Service for any reason and at any time. 2C2P will notify you of 2C2P’s action and will provide you with an opportunity to reclaim your right to access to easyBills Service subject to 2C2P’s sole and absolute discretion. Further, you acknowledge that 2C2P’s decision to take certain actions, including limiting your access to easyBills Service, may be based on confidential criteria that is essential to 2C2P’s management of risk and security of 2C2P’s systems. You agree that 2C2P is under no obligation to disclose the details of its risk management or its security procedures to you.

8.Disputes with 2C2P.

8.1 Contact 2C2P First. If a dispute arises between you and 2C2P, 2C2P’s goal is to learn about and address your concerns; and, if 2C2P is unable to do so to your satisfaction, 2C2P will provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and 2C2P regarding easyBills Service may be reported at any time to customer service online through 2C2P Call Center or by calling 02-026-3000 throughout 24 hours.

8.2 Law and Forum for Disputes. Except as otherwise agreed by the parties, you agree that any claim or dispute you may have against 2C2P must be resolved by a court located in Thailand. You agree to submit to the personal jurisdiction of the courts located within Thailand for the purpose of litigating all such claims or disputes. This Term shall be governed in all respects by the laws of Thailand as such laws are applied to all agreements entered into and to be performed entirely within Thailand, without regard to conflict of law provisions.

8.3 Notices to You. You agree that 2C2P will electronically communicate with you about the matters concerning easyBills Service and this Term. Any and all the electronic communications will be considered to have been received by you within 24 (twenty-four) hours of the time 2C2P posted it to 2C2P’s website or emailed it to you. Any notice sent to you by postal mail will be considered to have been received by you within 3 (three) days after 2C2P sent it.

8.4 Notices to 2C2P. Notices to 2C2P must be sent by postal mail to:
Attention: Legal Department, 2C2P (Thailand) Co., Ltd. No.
9 G Tower Grand Rama 9, 17th Floor, Room Number GS 01,03-04, South Wing,
Rama 9 Road, Huaykwang Sub-district,
Huaykwang District, Bangkok 10310, Thailand

Release of 2C2P. If you have a dispute with one or more users concerning 2C2P, you agree to release 2C2P and its affiliates (including its officers, directors, agents, joint ventures, employees and suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

9.General Terms.

9.1 Limitations of Liability. IN NO EVENT SHALL 2C2P; 2C2P’S PARENTS, SUBSIDIARIES AND AFFILIATES; 2C2P’S OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH 2C2P’S WEBSITE, EASYBILLS SERVICE, OTHER 2C2P’S SERVICES, OR THIS TERM (HOWEVER ARISING, INCLUDING NEGLIGENCE) UNLESS AND TO THE EXTENT PROHIBITED BY LAWS. 2C2P’S LIABILITY, AND THE LIABILITY OF 2C22P’S PARENT, SUBSIDAREIS AND AFFILIATES, 2C2P’S OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

9.2 Services Limitation. 2C2P is not a bank and easyBills Service is payment processing service rather than banking services. 2C2P is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian. 2C2P does not have control of, nor liability for, the goods, the services and/or the top-ups that are paid for through easyBills Services. 2C2P cannot guarantee the identity of any user or ensure that a Seller or a Service Provider will actually complete the transaction or is authorized to do so.

9.3 No Warranty. EASYBILLS SERVICE IS PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. 2C2P, 2C2P’S PARENT AND AFFILIATES, 2C2P’S OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 2C2P does not guarantee continuous, uninterrupted or secure access to any part of easyBills Service, and operation of 2C2P’s website may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of 2C2P’s ability to control. 2C2P will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards and check issuances are processed in a timely manner. 2C2P, however, makes no representations or warranties regarding the amount of time needed to complete processing because easyBills Service is dependent upon many factors outside of 2C2P’s ability to control such as delays in the banking system or mail service.

9.4 Indemnification. You agree to defend, indemnify and hold 2C2P; 2C2P’s affiliates; and 2C2P’s officers, directors, agents, joint ventures, employees and suppliers, harmless from any claim, demand (including attorneys’ fees), fine or other liability incurred by any third party due to or arising out of your or your employees’ or agents’ breach of this Term and/or use of easyBills Service.

9.5 2C2P License Grant to You. If you are using 2C2P’s software such as an API, developer's toolkit or other software application that you have downloaded to your computer, mobile, device or other platform, then 2C2P grants you a revocable, non-exclusive, non-transferable license to use 2C2P's software in accordance with the respective documentation(s). This license granted includes the software and all updates, upgrades, new versions and replacement software for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to any third party. You must comply with the implementation and use requirements contained in all 2C2P documentations accompanying easyBills Service and/or the other 2C2P’s services. If you do not comply with 2C2P's implementation and use requirements, you will be liable for all resulting damages suffered by you, 2C2P and any third party. 2C2P may change or discontinue any APIs upon notice to you. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to 2C2P's software are owned by 2C2P. Any third party software application you use on the 2C2P’s website is subject to the license you agreed to with the third party that provides you with such software. 2C2P does not own, control nor have any responsibility or liability for any third party software application you elect to use on 2C2P’s website and/or in connection with easyBills Service and/or the other 2C2P’s services. If you are using easyBills Service and/or the other 2C2P’s services on 2C2P’s website; or, other website(s) or platform(s) hosted by 2C2P or a third party, and are not downloading 2C2P's software or using third party software applications on 2C2P’s website, then this section does not apply to your use of the hosted easyBills Service and/or the other 2C2P’s services.

9.6 Intellectual Property. "2C2P.COM", "2C2P”, “123 Service”, “Qwik”, “easyBills”, “iACCEPT”, “123.co.th”, “easyBills.in.th” and all other URLs, logos and trademarks related to the 2C2P’s services are either trademarks or registered trademarks of 2C2P or its licensors. You must not copy, imitate or use them without 2C2P's prior written consent. In addition, all page headers, customized graphics, button icons, and scripts are service marks, trademarks and/or trade dress of 2C2P. You must not copy, imitate or use them without 2C2P's prior written consent. You may use HTML logos provided by 2C2P through 2C2P's merchant services, auction tools feature or affiliate programs with 2C2P’s prior written consent for the purpose of directing web traffic to the easyBills Service. You must not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to 2C2P or easyBills Service or display them in any manner that implies 2C2P's sponsorship or endorsement. All right, title and interest in and to 2C2P’s website, any content thereon, easyBills Service, the technology related to 2C2P’s services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of 2C2P and its licensors.

9.7 Calls to You; Mobile Telephone Numbers. By providing 2C2P with a telephone number (including a mobile telephone number), you consent to receiving calls, including autodialed and prerecorded messages from 2C2P at that number. If 2C2P determines that a telephone number you have provided to 2C2P is a mobile telephone number, 2C2P may categorize it as such in 2C2P’s systems, and you consent to receive text messages from 2C2P about your use of easyBills Service at that number.

9.8 Password Security. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs) or any other codes that you use to access easyBills Service.

9.9 Complete Agreement and Survival. This Term along with any applicable policies with respect to easyBills Services where Sections 7 (Your Liability - Actions 2C2P May Take), 98(Disputes with 2C2P), 9 (General Terms) and Appendix A (Fees) as well as any other terms and conditions which by their nature should survive, will survive the termination of this Term. If any provision of this Term is held to be invalid or unenforceable, such invalid or unenforceable provision shall be severable and the remaining provisions shall be lawfully binding and enforceable.

9.10 Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. 2C2P is not responsible for determining whether taxes apply to your payment transaction; or, for collecting, reporting or remitting any taxes arising from any payment transaction. Please be advised that you may be subject to withholding taxes or other tax liabilities with respect to importing goods and/or services from a foreign entity. In addition, you may be subject to VAT, sales tax, income tax or other tax liabilities as a buyer of goods or services. It is your responsibility to check with your local tax advisor to determine which taxes apply to you, and it is your responsibility to pay such taxes to the appropriate tax authority. All Fees related to easyBills Service and/or the other 2C2P’s services are made free and clear of, and without any deduction or withholding for and on account of, any taxes, duties or other deductions. Any such deduction or withholding shall be applicable, if required by the laws of Thailand.

9.11 Assignment. You may not transfer or assign, partially or entirely, any right or obligation you have under this Term to any third party without 2C2P's prior written consent. 2C2P reserves the right to transfer or assign, partially or entirely, any right or obligation under this Term to any third party at any time.

9.12 Translated Agreement. Any translation of this Term is provided solely for your convenience and is not intended to modify the terms of this Term. In the event of a conflict between the English version of this Term and a version in a language other than English, the English version shall prevail.

9.13 No Waiver. 2C2P’s failure or delay to act with respect to a breach by you or others does not waive 2C2P’s right to act with respect to such breach or any subsequent or similar breaches.

9.14 Assumption of Rights. If 2C2P pays out a claim, reversal or chargeback that you file against a recipient of your payment, you agree that 2C2P assumes your rights against the recipient and the third party related to such payment and may pursue those rights directly or on your behalf, in 2C2P's sole and absolute discretion.

9.15 YOU AGREE THAT THIS TERM WILL BE EFFECTIVE AS TO ALL USERS ON SEPTEMBER 7TH, 2017.
2C2P may amend this Term at any time by posting a revised version on 2C2P’s website. The revised version will be effective at the time 2C2P posted it. If the revised version includes any substantial change, 2C2P will provide you with a 30 (thirty) days' prior notice of such substantial change by posting a notice on 2C2P’s website.

9.16 You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of easyBills Service including but not limited to, those related to export or import activity, taxes or foreign currency transactions.