Term and Condition
Term and Condition for 2C2P ServicesEffective Date: May 1, 2018
Welcome to 2C2P!
1. Payment Services and Eligibility.
1.1 Payment Services.
- (a) 2C2P is a payment services provider and acts as such by creating, hosting, maintaining and providing our 2C2P Services to you via the Internet. Our services allow you to send payments to anyone from 2C2P defined channels, and, where available, to receive payments. Our service availability is presently in Thailand only. We offer services in compliance with local laws and regulations.
- (b) 2C2P is not a remittance business or a money transfer service and the Personal Payments feature may not be used to remit funds to third parties.
- (c) We do not have any control over, and are not responsible or liable for, the products or services that are paid for with our 2C2P Service. We cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction.
- (a) To be eligible to use the 2C2P Services, you must be at least 18 years old or higher based on the age of majority in your jurisdiction.
- (b) This Agreement applies only to Users who are residents of Thailand.
In order to open and maintain an Account, you must provide us with correct and updated Information.
- (a) Your contact information. It is your responsibility to keep your primary email address 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you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, 2C2P will be deemed to have provided the Communication to you effectively.
- (b) Identity Verification. You authorize 2C2P, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information or documentation, 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. If you open a Business Account, you are providing 2C2P with your written instructions and authorization in accordance with any applicable law to obtain your personal and/or business credit report from a credit bureau. You are also authorizing 2C2P to obtain your personal and/or business credit report: (i) when you request certain new products, or (ii) at any time 2C2P reasonably believes there may be an increased level of risk associated with your Business Account.
- (d) Updates to Information. If your credit card number or expiration date changes, we may acquire that information from our financial services partner and update your Account.
1.4 Beneficial Owner.
You must be the beneficial owner of the Account, and conduct business only on behalf of yourself.
2. Sending Payments.
2.1 Sending Limits.
We may, at our discretion, impose limits on the amount of payments you can send through the 2C2P Services. You can view your sending limit, if any, by logging into your Account. If you have a Verified Account, we may increase your sending limits.
2.2 Default Payment Methods.
When you make a payment, if you have not selected a Preferred Payment Method, 2C2P will fund your transaction in this order (subject to availability based on your Payment Methods of registration):
- a. Qwik Account (will be available soon)
- b. Debit card
- c. Credit card
- d. 123 Services
- e. Bank Account registered by you to use Mobile Banking or Online Banking which are contracted with 2C2P.
2.3 Cards as Payment Methods.
By adding a debit card or credit card as a Payment Method, you are providing 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 Agreement. You can stop the continuous authority in respect of any card by removing that card as a Payment Method in your Account Profile.
2.4 Payment Cancellation, Payment Modification or Refund.
While using 2C2P Service, if you mistakenly conducted the payment transaction (such as input incorrect amount, or incorrect reference number, etc.) 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 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 Receive Payments. The ability to receive payments and the withdrawal of your funds to your local bank account may be limited by the term and condition of your Account which is registered with each financial institution.
3.2 Liability for Invalidated Payments. When you receive a payment, you are liable to 2C2P for the full amount of the payment sent to you plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by the sender, plus the applicable Fees listed in Exhibit A (Fees) of this Agreement if you lose a Claim or a Chargeback, or if there is a Reversal of the payment.
You agree to allow 2C2P to recover any amounts due to 2C2P by debiting your balance. If there are insufficient funds in your balance to cover your liability, you must reimburse 2C2P through other means. If a sender of a payment files a Chargeback, the card issuer, not 2C2P, will determine who wins the Chargeback.
3.3 No Surcharges. You agree that you will not impose a surcharge or any other fee for accepting 2C2P as a payment method. You may charge a handling fee in connection with the sale of goods or services, as long as the handling fee is not higher than the handling fee you charge for non-2C2P transactions.
3.4 Receiving Personal Payments. If you are selling goods or services, you will not ask the buyer to send you a Personal Payment for the purchase.
4. Account Balances.
4.1 Balances in Qwik Account. If you hold a balance, 2C2P will hold your funds in pooled accounts separate from its corporate funds, and it will not use your funds for its operating expenses or for any other corporate purposes. 2C2P will not voluntarily make your funds available to its creditors in the event of bankruptcy. You will not receive interest or other earnings on the amounts in your balance. 2C2P may receive interest on amounts that 2C2P holds on your behalf. You agree to assign your rights to 2C2P for any interest derived from your funds.
4.2 Setoff of Past Due Amounts. If you have a past due amount owed to 2C2P and/or its Affiliates, 2C2P may debit your Account to pay any amounts immediately.
5. Withdrawing Money.
5.1 How to Withdraw Money. Depending on your Account is registered, you may withdraw funds from your Account in any of these methods: (a) by electronically transferring them to your local bank account, (b) by electronically transferring them to your Visa or MasterCard branded card, (c) through a 2C2P initiated Automatic Transfer to your linked financial instrument or any other method available at the time of transaction.
5.2 Withdrawal Limits. Depending on the degree to which you have verified your Account, we may limit your ability to withdraw funds until you comply with our requests for information. You can view your withdrawal limit, if any, by logging into your Account. In addition, we may delay withdrawals of large sums of money while we perform a risk review.
5.3 Withdrawal Fees. When withdrawing your balance, you will be charged the Withdrawing Fee as set out in Exhibit A (Fees) depending on the method of withdrawal. In addition, if you withdraw your balance in a currency other than the currency in which the balance on your Account is denominated, you will additionally be charged Currency Conversion Fees as set out in Exhibit A (Fees).
6. Closing Your Account.
6.1 How to Close Your Account. You may close your Account at any time by following the instructions in your Account Profile. Upon Account closure, we will cancel any pending transactions and you will forfeit any balances associated with Redemption Codes, unless otherwise legally prohibited. You must withdraw your balance prior to closing your Account.
6.2 Limitations on Closing Your Account. You may not evade an investigation by closing your Account. If you close your Account while we are conducting an investigation, we may hold your funds to protect 2C2P, Affiliates or a third party against the risk of Reversals,Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.
7. No Double Recovery
You may pursue a Dispute/Claim with 2C2P, or you may contact your credit card company and pursue your Chargeback rights. You may not pursue both at the same time or seek a double recovery. If you have an open Dispute or Claim with 2C2P, and also file a Chargeback with your credit card company, 2C2P will close your Dispute or Claim, and you will have to rely solely on your Chargeback rights.
Before contacting your card issuer or filing a Dispute with 2C2P, you should contact the Seller to resolve your issue in accordance with the Seller’s return policy as stated on their auction or website.
8. Errors and Unauthorized Transactions.
8.1 Protection for Unauthorized Transactions and Errors. When an Unauthorized Transaction or an Error occurs in your Account, 2C2P will cover you for the full amount of every eligible Unauthorized Transaction or Error if it is incurred from our false only.
8.2 Notification Requirements.
- a. You should immediately notify 2C2P if you believe:
- o there has been an Unauthorized Transaction or unauthorized access to your Account;
- o there is an Error in your Account history statement (you can access your Account history statement by logging into your Account and clicking on a link to view your transactions) or in your transaction confirmation sent to you by email;
- o your password or PIN has been compromised;
- o your activated phone has been lost, stolen or deactivated; or
- o you need more information about a transaction listed on the statement or transaction confirmation.
b. To be eligible for protection for Unauthorized Transactions, you must notify us within60 Days after any Unauthorized Transaction first appears in your Account historystatement. We will extend the 60 Day time period if a good and demonstrable reason,such as a hospital stay, kept you from notifying us within 60 Days.
You should regularly log into your Account and review your Account history statement to ensure that there has not been an Unauthorized Transaction or Error. 2C2P will also send an email to the primary email address you have provided in order to notify you of each transaction from your Account. You should also review these transaction confirmations to ensure that each transaction was authorized and is accurate.
For Unauthorized Transactions or Errors in your Account, notify us as follows:
- Write to 2C2P, Attn: email@example.com ; and•
- Call 2C2P Customer Service at (+66)2 026 3000 (in Thailand).
- Your name and email address registered to your Account;
- A description of any suspected Unauthorized Transaction or Error and an explanationas to why you believe it is incorrect or why you need more information to identifythe transaction; and
- The amount of any suspected Unauthorized Transaction or Error.
8.3 2C2P Errors. We will rectify any Error that we discover. If the Error results in your receipt of less than the correct amount to which you are entitled, 2C2P will credit your Account for the difference. If the Error results in your receipt of more than the correct amount to which you are entitled, 2C2P will debit the extra funds from your Account.
8.4 Your Errors. If you erroneously send a payment to the wrong party, or send a payment for the wrong amount (based on a typographical error, for example), your only recourse will be to contact the party to whom you sent the payment and ask them to refund the payment. 2C2P will not reimburse you or reverse a payment that you have made in error.
In connection with your use of our website, your Account, the 2C2P Services, or in the course of your interactions with 2C2P, other Users, or third parties, you will not:
- a. Breach this Agreement, any Policy and/or any agreement that you have agreed towith 2C2P;
- 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. Sell counterfeit goods and/or product or service that is prohibited by law or iscontrary to public order or good moral;
- e. Act in a manner that is defamatory, trade libelous, threatening or harassing to 2C2P,our employees, agents or other Users;
- f. Provide false, inaccurate or misleading Information;
- g. Engage in potentially fraudulent or suspicious activity and/or transactions;
- h. Refuse to cooperate in an investigation or provide confirmation of your identity orany Information you provide to us;
- i. Receive or attempt to receive funds from both 2C2P and the Seller, bank or cardissuer for the same transaction during the course of a Dispute;
- j. Control an Account that is linked to another Account that has engaged in any ofthese Restricted Activities;
- k. Conduct your business or use the 2C2P Services in a manner that results in or mayresult in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penaltiesand other liability to 2C2P, other Users, third parties or you;
- l. Have a credit score from a credit reporting agency that indicates a high level of riskassociated with your use of the 2C2P Services;
- m. Use your Account or the 2C2P Services in a manner that 2C2P, Visa, MasterCard,American Express, Discover or any other electronic funds transfer networkreasonably believes to be an abuse of the card system or a violation of cardassociation or network rules;
- n. Use a credit card with your Account to provide yourself a cash advance (or helpothers to do so);
- o. Disclose or distribute another User's Information to a third party, or use theInformation for marketing purposes unless you receive the User’s express consent todo so;
- p. Send unsolicited email to a User or use the 2C2P Services to collect payments forsending, or assisting in sending, unsolicited email to third parties;
- q. Take any action that imposes an unreasonable or disproportionately large load onour infrastructure;
- r. Facilitate any viruses, trojan horses, worms or other computer programmingroutines that may damage, detrimentally interfere with, surreptitiously intercept orexpropriate any system, data or Information;
- s. Use an anonymizing proxy; use any robot, spider, other automatic device, or manualprocess to monitor or copy our website without our prior written permission;
- t. Use any device, software or routine to bypass our robot exclusion headers, orinterfere or attempt to interfere with our website or the 2C2P Services; or
- u. Take any action that may cause us to lose any of the services from our Internetservice providers, payment processors, or other suppliers.
10.Your Liability - Actions We May Take.
10.1 Your Liability.
- a. General. You are responsible for all Reversals, Chargebacks, Claims, fees, fines,penalties, interest charges (applicable interest rate by law) and other liability incurredby 2C2P, a User, or a third party caused by or arising out of your breach of thisAgreement, and/or your use of the 2C2P Services. You agree to reimburse 2C2P, a User,or a third party for any and all such liability.
- b. Liability for Claims. If you are a Seller and you lose a Claim filed directly with 2C2P, youwill be required to reimburse 2C2P for your liability. Where you receive payment froma 2C2P Account holder in another country and we determine under the BuyerProtection policy of that country that the funds received should be returned orreversed, you will be required to reimburse 2C2P for your liability.
10.2 Reimbursement for Your Liability.
In the event that you are liable for any amounts owed to 2C2P, 2C2P may immediately remove such amounts from your balance. If you do not have a balance that is sufficient to cover your liability, your remaining balance (if any) will be removed, your Account will have negative balance up to the amount of your liability, and you will be required to immediately Add Money to your 2C2P balance or reimburse 2C2P through an alternative method. If you do not do so, 2C2P may engage in collection efforts to recover such amounts from you.
10.3 Actions by 2C2P – Restricted Activities.
If 2C2P, in its sole discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect 2C2P,Affiliates other Users, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
- a. We may close, suspend, or limit your access to your Account or the 2C2P Services;
- b. We may refuse to provide the 2C2P Services to you now and in the future; and
- c. We may hold your funds for a period of time reasonably needed to protect againstthe risk of liability to 2C2P or a third party, or if we believe that you may be engagingin potentially fraudulent or suspicious activity and/or transactions.
10.4 Actions by 2C2P - Holds.
- a. Risk-Based Holds. 2C2P, in its sole discretion, may place a hold on any or all of thepayments you receive when 2C2P believes there may be a high level of risk associatedwith you, your Account, or any or all of your transactions. 2C2P’s determination may bebased on different factors and 2C2P may rely on information it receives from thirdparties. If 2C2P places a hold on a payment, the funds will appear in your “pendingbalance” and the payment status will indicate the hold, for example it can show as“Completed - Funds not yet available.” If 2C2P places a hold on any or all of thepayments you receive, 2C2P will provide you with notice of our actions. 2C2P willrelease the hold on any payment after 30 Days from the date the payment wasreceived into your Account unless 2C2P has a reason to continue to hold the paymentsuch as (a) the receipt of a Dispute, Claim, Chargeback, or Reversal, (b) 2C2P believesthat you have violated the terms of this Agreement or any other Policy and that such aviolation results in the need to continue holding the funds, or (c) 2C2P believes thatyou may be engaging in potentially fraudulent or suspicious activity and/ortransactions. In such an event, 2C2P may continue holding the payment in yourAccount until the matter is resolved pursuant to this Agreement. 2C2P, in its solediscretion, may release the hold earlier under certain circumstances, for example whenyou upload tracking information of the item you shipped.
- b. Disputed Transaction Holds. If a User files a Dispute, Claim, Chargeback or Reversal ona payment you received, 2C2P may place a temporary hold on the funds in yourAccount to cover the amount of the liability. If you win the dispute or the transaction iseligible for 2C2P Seller Protection, 2C2P will lift the temporary hold. If you lose thedispute, 2C2P will remove the funds from your Account.
10.5 Actions by 2C2P - Reserves.
2C2P, in its sole discretion, may place a Reserve on funds held in your Business Account when 2C2P believes there may be a high level of risk associated with your Account. If 2C2P places a Reserve in your Account, transactions will be shown as "pending" in your 2C2P balance, and you will not have access to funds in a “pending” status until they are cleared. If your Account is subject to a Reserve, 2C2P will provide you with notice specifying the terms of the Reserve. The terms may require that a certain percentage of the amounts received into your Account are held for a certain period of time, or that a certain amount of money is held in Reserve, or anything else that 2C2P determines is necessary to protect against the risk associated with your Account. 2C2P may change the terms of the Reserve at any time by providing you with notice of the new terms.
10.6 Actions by 2C2P - Account Closure, Termination of Service, Limited Account Access; Confidential Criteria.
2C2P, in its sole discretion, reserves the right to terminate this Agreement and/or access to the 2C2P Services for any reason and at any time upon notice and payment to you of any unrestricted funds held in your balance. If we limit access to your Account, including through a Reserve or hold, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that 2C2P’s decision to take certain actions, including limiting access to your Account, placing holds or imposing Reserves, may be based on confidential criteria that is essential to our management of risk, the security of Users’ Accounts and the 2C2P system. You agree that 2C2P is under no obligation to disclose the details of its risk management or its security procedures to you.
11.Disputes with 2C2P.
11.1 Contact 2C2P First. If a dispute arises between you and 2C2P, our goal is to learn aboutand address your concerns and, if we are unable to do so to your satisfaction, to provide youwith a neutral and cost effective means of resolving the dispute quickly. Disputes betweenyou and 2C2P regarding the 2C2P Services may be reported to Customer Service onlinethrough the 2C2P Call Center at any time or by calling (+66)2 026 3000 (in Thailand).
11.2 Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than 30,000 Baht (or other currencies equivalents), the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through the Thai Arbitration Institute. The arbitration shall be held in Bangkok, Thailand and conducted in English language and in accordance with the rules of Thai Arbitration Institute.
11.3 Law and Forum for Disputes. Except as otherwise agreed by the parties or as described in Section 11.2 above, 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 Agreement shall be governed in all respects by the laws of Thailand as such laws are applied to agreements entered into and to be performed entirely within Thailand, without regard to conflict of law provisions.
11.4 Notices to You. You agree that 2C2P may provide you Communications about your Account, the 2C2P Services and this Agreement electronically. 2C2P reserves the right to close your Account if you withdraw your consent to receive electronic Communications. Any electronic Communications will be considered to be received by you within 24 hours of the time we post it to our website or email it to you. Any notice sent to you by postal mail will be considered to be received by you 3 days after we send it.
11.5 Notices to 2C2P. Except as otherwise stated above in Section 8 (Errors and Unauthorized Transactions) and Section 12.1, notice to 2C2P must be sent by postal mail to:
Attention: Legal Department, 2C2P (Thailand) Co., Ltd.
9 G Tower Grand Rama 9, GS 01, 03 - 04, South Wing,
17th Floor, Rama 9 Road, Huaykwang, Huaykwang,
Bangkok, 10310, Thailand
11.6 Insolvency Proceedings. If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, 2C2P will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this Agreement.
11.7 Release of 2C2P. If you have a dispute with one or more Users, you release 2C2P and Affiliates (and their 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.
12.1 Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR 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 OUR WEBSITE, THE 2C2P SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) UNLESS AND TO THE EXTENT PROHIBITED BY LAW OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDAREIS AND AFFILIATES, OUR 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.
12.2 Services Limitation. 2C2P is not a bank and the 2C2P Services are payment processing services 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 products or services that are paid for with the 2C2P Services. We do not guarantee the identity of any User or ensure that a buyer or a Seller will complete a transaction.
12.3 No Warranty. THE 2C2P SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. 2C2P, OUR PARENT AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 2C2P does not have any control over the products or services that are paid for with the 2C2P Services and 2C2P cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction or is authorized to do so. 2C2P does not guarantee continuous, uninterrupted or secure access to any part of the 2C2P Services, and operation of our site may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of our control. 2C2P will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but 2C2P makes no representations or warranties regarding the amount of time needed to complete processing because the 2C2P Services are dependent upon many factors outside of our control, such as delays in the banking system or mail service.
12.4 Indemnification. You agree to defend, indemnify and hold 2C2P, Affiliates, and our 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 Agreement and/or use of the 2C2P Services.
12.5 2C2P License Grant to You. If you are using 2C2P software such as an API, developer's toolkit or other software application that you have downloaded to your computer, 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. This license grant 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 a third party. You must comply with the implementation and use requirements contained in all 2C2P documentation accompanying the 2C2P 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 third parties. 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 website is subject to the license you agreed to with the third party that provides you with this software. 2C2P does not own, control nor have any responsibility or liability for any third party software application you elect to use on the 2C2P website and/or in connection with the 2C2P Services. If you are using the 2C2P Services on the 2C2P website, or other website or platform hosted by 2C2P, or a third party, and are not downloading 2C2P's software or using third party software applications on the 2C2P website, then this section does not apply to your use of the hosted 2C2P Services.
12.6 License Grant from You to 2C2P. Subject to section 12.7, when providing 2C2P with content or posting content using 2C2P Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sub licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against 2C2P, its sub licensees or its assignees. You represent and warrant that none of the following infringe any intellectual property or publicity right: your provision of content to 2C2P, your posting of content using the 2C2P Services, and 2C2P’s use of such content (including of works derived from it) in connection with the 2C2P Services.
12.7 License Grant from Merchants to 2C2P. Section 12.6 notwithstanding, if you are a Merchant using 2C2P Services, you hereby grant us a worldwide, non-exclusive, transferable, sub licensable (through multiple tiers), and royalty-free right to use and display publicly, during the term of this Agreement, your trademark(s) (including but not limited to registered and unregistered trademarks, trade names, service marks, logos, domain names and other designations owned, licensed to or used by you) for the purpose of (1) identifying you as a Merchant that accepts a 2C2P Service as a payment form, and (2) any other use to which you specifically consent.
12.8 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 Services are either trademarks or registered trademarks of 2C2P or its licensors. You may not copy, imitate or use them without 2C2P's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of 2C2P. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by 2C2P through our merchant services, auction tools features or affiliate programs without prior written consent for the purpose of directing web traffic to the 2C2P Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to 2C2P or the 2C2P Services or display them in any manner that implies 2C2P's sponsorship or endorsement. All right, title and interest in and to the 2C2P website, any content thereon, the 2C2P Services, the technology related to the 2C2P 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.
12.9 Calls to You; Mobile Telephone Numbers. By providing 2C2P a telephone number (including a mobile telephone number), you consent to receiving calls, including autodialed and prerecorded messages from 2C2P at that number. If we determine that a telephone number you have provided to us is a mobile telephone number, we may categorize it as such in our systems and in your Account Profile, and you consent to receive text messages from us about your use of the 2C2P Services at that number.
12.10 Marketing. If you receive Information about another User through the 2C2P Services, you must keep the Information confidential and only use it in connection with the 2C2P Services. You may not disclose or distribute a User's Information to a third party or use the Information for marketing purposes unless you receive the User's express consent to do so.
12.11 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 the 2C2P Services.
12.12 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 transaction, or for collecting, reporting or remitting any taxes arising from any transaction. Please be advised that you may be subject to withholding taxes or other tax liabilities with respect to importing services from a foreign entity. In addition, you may be subject to VAT, sales tax, income tax, or other tax liabilities as a seller 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 the 2C2P 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, if required by the laws of Thailand.
12.13 Complete Agreement and Survival. This Agreement, along with any applicable Policies with respect to the 2C2P Services. Sections 6 (Closing Your Account), 10 (Your Liability – Actions We May Take), 11 (Disputes with 2C2P), 12 (General Terms), 13 (Definitions), and Exhibit A (Fees) as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
12.14 Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without 2C2P's prior written consent. 2C2P reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
12.15 Translated Agreement. Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of a conflict between the English version of this Agreement and a version in a language other than English, the English version shall apply.
12.16 No Waiver. Our failure or delay to act with respect to a breach by you or others does not waive our right to act with respect to such breach or any subsequent or similar breaches.
12.17 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 third parties related to the payment, and may pursue those rights directly or on your behalf, in 2C2P's discretion.
12.18 YOU AGREE THAT THIS USER AGREEMENT WILL BE EFFECTIVE AS TO ALL USERS ON May 1, 2018 We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If the revised version includes a Substantial Change, we will provide you with 30 Days' prior notice of any Substantial Change by posting a notice on our website.
12.19 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 the 2C2P Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.
- "Account Profile" means the location on our website or mobile application where youcan, after logging in, view and manage your profile, including your personalinformation, Payment Method details, Preapproved Payments authorizations, yourselling tools, and your Account settings including your notification preferences andAPI Access permissions.
- "Account" or "2C2P Account" means a Personal or Business 2C2P Account.
- "Add Money" or "Top Up" means your ability to transfer money from your bankaccount or other channels specified by 2C2P to your 2C2P Account.
- "Affiliate" means 2C2P PTE LTD. or a company that is a direct or indirect subsidiary of2C2P PTE LTD., or otherwise related to 2C2P through common ownership or control.
- "Authorize" or "Authorization" means a buyer’s express authorization to a Merchantto collect a payment from the buyer’s 2C2P Account.
- "Business Account" means an Account used primarily for business purposes and notfor personal, family, or household purposes.
- "Chargeback" means a request that a buyer files directly with his or her debit orcredit card company or debit or credit card issuing bank to invalidate a payment.
- "Commercial Entity Agreement" means the agreement that commercial entities arerequired to enter into directly with 2C2P's payment processor(s).
- "Commercial Payment" means as defined in Exhibit A (Fees) below.
- "Communications" means any Account or transaction information that 2C2P providesto you, including: any Policies you agree to, including updates to these Policies;annual disclosure; transaction receipts or confirmations; Account history statements;and tax statements we are required to make available to you.
- "Customer Service" is 2C2P's customer support which can be accessed online throughthe 2C2P Call Center at any time, or by calling (+66) 2 026 3000 (in Thailand).
- "Default Payment Methods" means the order in which 2C2P uses your PaymentMethods to fund a transaction if you do not select a Preferred Payment Method.
- "Error" means a processing error made by 2C2P or its suppliers in which your Accountis mistakenly debited or credited.
- "Fees" means those amounts stated in Exhibit A (Fees) of this Agreement.
- "Information" means any Account information that you provide to us, including butnot limited to personal information, financial information, or other informationrelated to you or your business.
- "Instant Transfer" means a payment funded using the sender's bank account in which2C2P credits the recipient instantly.
- "Merchant" and “Seller” are used interchangeably and mean a User who is sellinggoods and/or services and using the 2C2P Services to receive payments.
- “Mobile banking” means a service provided by a bank or other financial institution that allows its Users to conduct financial transactions remotely using a mobile device such as a smartphone or tablet. Some financial institutions have restrictions on which accounts may be accessed through mobile banking, as well as a limit on the amount that can be transacted.
- "No Log-In Payment" means a 2C2P payment that is made without the sender having to log into his/her Account.
- “Online banking” means an electronic payment system that enables customers of a bank or other financial institution to conduct a range of financial transactions through the financial institution's website. The online banking system will typically connect to or be part of the core banking system operated by a bank..
- "Payment Method" means the payment method used to fund a transaction. The following payment methods may be used to fund a transaction (subject toavailability): Online Banking, Mobile Banking, balance, Instant Transfer, eCheck, credit
- "Personal Payment" means a payment to a friend or a family member for goods and/or services such as your share of the rent or a dinner bill. Personal Payments may not be used for sending gifts. Personal Payments are not available in most countries.
- "Policy" or "Policies" means any Policy or other agreement between you and 2C2P that you entered into on the 2C2P website, or in connection with your use of the 2C2P Services.
- “Post Authentication” means the methods that 2C2P utilizes to authenticate the Merchant or Seller or Buyer in order to identify the genuine user and to reduce the risk that may happens from the payment transaction.
- "Preapproved Payment" means a payment in which the recipient is provided advance Authorization to debit the sender’s Account directly on a one-time, regular, or sporadic basis in accordance with the recipient’s agreement with the sender. Preapproved Payments are sometimes called "subscriptions", “automatic payments”, “automatic billing” or "recurring payments."
- "Preferred Payment Method" means a Payment Method that you select to fund a payment instead of using the Default Payment Methods.
- "Redemption Code" means the sequence of letters, numbers, and/or symbols placed on gift certificates, promotional coupons or other promotional offers and used to obtain a benefit.
- "Reserve" means a percentage of the funds received into your Account that we hold in order to protect against the risk of Reversals, Chargebacks, Claims or any other liability related to your Account and/or use of the 2C2P Services.
- "Restricted Activities" means those activities described in Section 9 of this Agreement.
- "Reversal" means 2C2P reverses a payment you received because (a) it is invalidated by the sender's bank, (b) it was sent to you in Error by 2C2P, Affiliates, or any direct or indirect 2C2P subsidiary, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated this Agreement, the 2C2P Acceptable Use Policy, or any other Policy, or (e) 2C2P decided a Claim against you.
- "Seller" – see "Merchant" definition.
- "Substantial Change" means a change to the terms of this Agreement that reduces your rights or increases your responsibilities.
- "Top Up" – see “Add Money” definition.
- "Transaction Details Page" means the page on the 2C2P website titled "Transaction Details" that displays information about the transaction. This page is accessible from the individual transaction in your Account on the 2C2P website.
- "Unauthorized Transaction" means as defined in Section 8.1 of this Agreement.
- "User" means any person or entity using the 2C2P Services including you.
- "Verified Account" means an Account status that reflects that 2C2P has verified that an Account holder has legal control of one or more of his or her Payment Methods. A Verified Account status does not constitute an endorsement of a User or a guarantee of a User's business practices.
- "Virtual Terminal Payment" means a payment processed by 2C2P through the Virtual Terminal flows that is funded directly by a credit or debit card and not through an Account.
- "2C2P Direct Payment" means a payment that is made directly through the buyer’s credit or debit card and not through a 2C2P Account
- "2C2P Mobile" means a 2C2P Service that allows you to send and receive payments through your mobile phone.
- "2C2P Services" means all our products and services and any other features, technologies and/or functionalities offered by us on our website or through any other means.
- "2C2P," "we," "us" or "our" means 2C2P (Thailand) Company Limited