WeChat APM Service

Supplemental Terms - WeChat’s APM Service

Additional Terms Relating to Use of WeChat’s Payment Services.

(a)    General. The WeChat Pay Service is provided by Tenpay Payment Technology Co., Ltd., a corporation organized under the laws of the People’s Republic of China (“WeChat Pay”), and its affiliates. WeChat Pay is an independent third party not affiliated with Verifone. The WeChat Pay Service enables registered users of the WeChat Pay Wallet (“WeChat Users”) to pay for purchases at enabled locations via the scanning of a machine-readable format (such as barcode, QR code, or other technology capable of storing or accessing data). You acknowledge and agree that WeChat Pay may modify the WeChat Pay Service in its discretion.

(b)    Initiation and Processing of WeChat Pay Transactions. WeChat Pay Transactions can currently be initiated either (i) if the code is generated on WeChat User’s mobile device, by the WeChat User’s scanning of the code on a Supported Device Model, which will then transmit the transaction data to WeChat via the APM Platform, or (ii) if the code is generated on a Verifone payment device, by WeChat User scanning the code on its mobile device, in which case the transaction data will be transmitted via the WeChat User’s service network. In either case, WeChat Pay will provide its authorization or declination to Verifone via the APM Platform, which will then be transmitted to your Supported Device Model. WeChat Pay and Verifone may, at their discretion, enable WeChat Pay transactions via other technology and methods in the future.

(c)    Lack of Payments Made. In the event that no Transactions have been processed using the WeChat Pay Service within ninety calendar days following the opening of your account, WeChat Pay shall have the right to suspend your access to the WeChat Pay Service on thirty days’ notice to Verifone. Verifone shall provide notice to you of such suspension following receipt from WeChat Pay.

(d)    Trading Limit.  You acknowledge and agree that WeChat Pay shall be entitled, in its sole discretion, to apply a limit to the value of any Transactions, based on the types of goods and/or services you provide and the risk profile of each of your business activities (your “Trading Limit”). WeChat Pay shall notify you of the applicable Trading Limit and shall be entitled to adjust such Trading Limit upon notice to you.

(e)    Delay in Settlement.  Notwithstanding anything to the contrary, in the event WeChat Pay suspects that you have conducted any business activity prohibited under these Supplemental Terms, WeChat Pay may, in its sole discretion, delay or refuse the settlement related to such transactions until WeChat Pay is able to discharge its obligations under Applicable Law. In such event, Verifone may be required to immediately suspend or terminate your access to the WeChat Pay Service. Unless restricted by Applicable Law, WeChat Pay and/or Verifone shall inform you in writing of such delay or refusal of funds. WeChat Pay may hold and/or take such actions as may be required by Applicable Law in respect of such funds. WeChat Pay and/or Verifone may request assistance and information from you to assist WeChat Pay in discharging its obligations under Applicable Law. Unless otherwise legally restricted, once WeChat Pay has discharged its obligations under Applicable Law, notification shall be provided to you and the relevant delayed funds will be released within 180 Business Days (based on the Chinese business calendar) of such notification date. The provision of any notice as set forth in the foregoing shall in no way require WeChat Pay and/or Verifone to disclose any information either deems confidential or otherwise sensitive.

(f)    Supported Refunds. The WeChat Pay Service supports refunds for ninety days from the date of the Transaction was made, or, for certain products relating to air travel, 365 days from the date of the Transaction was made (a “Supported Refund”). In the event that a WeChat User requests a Supported Refund, and subject to your after-sale service policy, you may submit such request to Verifone for processing via the WeChat Pay Service. Verifone will return the amount of any Service Fee charged for that portion of a Transaction that is processed as a Supported Refund. Any request by a WeChat User for the return of the amount of any Transaction that is not a Supported Refund must be facilitated directly between you and such WeChat User.

(g)    Responsibility for Chargebacks. If, based on Transaction Evidence you provide, Verifone determines, in its reasonable discretion, that a Chargeback was due to your (or your employee’s) fraud, willful misconduct, or negligence, or in the event you fail to provide Verifone with Transaction Evidence as required pursuant to these Supplemental Terms, then you shall be responsible for the amount of the Chargeback.  In the event that you dispute a Chargeback, you shall promptly notify Verifone of such dispute, and you and the APM Service Provider will use commercially reasonable efforts to resolve such dispute in good faith.

(h)    Display. You must display the WeChat Pay branding at the point of sale in compliance with the WeChat Pay guidelines, and cooperate to have sales staff be trained to promote the use of the WeChat Pay Service. WeChat Pay’s logo and content must be used only for the purpose of indicating acceptance of the WeChat Pay Service as a form of payment, unless otherwise authorized by WeChat Pay.

(i)    Illegal Use. You shall not actively conduct or assist any WeChat User to conduct any high risk or illegal activities, including but not limited to credit card fraud, money laundering, terminal relocation, retention of the sensitive data in respect of such a customer’s debit/credit card, split payment, false applications, or skimming.

(j)    Prohibited Transactions. You shall use the WeChat Pay Services only for true and legitimate trade in products and services and you are prohibited from accepting payment for Transactions which are prohibited by Applicable Law, which violate WeChat Pay’s internal policies, or which would result in WeChat Pay being considered to have breached any Applicable Laws. Accordingly, merchants agree not to submit for payment any product or service that is prohibited or restricted from being sold via the WeChat Pay Service under Applicable Law or in accordance with WeChat Pay’s prohibited transaction list (http://act.weixin.qq.com/static/merchant_overseas/restrictedproducts.html) (“Prohibited Products”). You agree to provide WeChat Pay such information about your products and services as may be reasonably requested by WeChat Pay from time to time and acknowledge that WeChat Pay may refuse to permit the use of the WeChat Pay Service for any payment for any Prohibited Product. You will ensure that no transaction being submitted through the WeChat Pay Services is for any Prohibited Product (a “Prohibited Transaction”). WeChat Pay will have the right to refuse to provide its services with respect to any Prohibited Transaction. You agree to indemnify Verifone and WeChat Pay for any damages, losses, and liabilities they may suffer arising from or in connection with any payment for a Prohibited Product.

(k)    Provisioning of Transaction Evidence. Subject to Applicable Law, within three Business Days of Verifone’s request, you will provide or grant access to its Transaction Evidence to Verifone, WeChat Pay, WeChat Pay’s service providers, and any regulatory or governmental authorities having jurisdiction over WeChat Pay, in any case as so requested by Verifone. Subject to Applicable Law, Verifone will advise you of the names of any such service providers or regulatory or governmental authorities and the subject matter to which the request relates.