Terms & Conditions
Privacy Policy
Merchant On-Boarding Policy
Grievance Redressal Policy
Terms of Service

Introduction and Terms of Use

This Terms of Service governs your access to and use of PayerMax Service as a purchaser of Product. Any person logging on to or using the Website (even when such person does not avail of any services provided in the Website (SERVICES))shall be presumed to have read these Terms of Use (which includes the Privacy Policy, On Boarding Policy, Customer Grievance Policy, separately put up on the Website) and unconditionally and irrevocably accepted the terms and conditions set out herein (these Terms of Use). These Terms of Use, together with the rest of the Policies (defined below), constitute a binding and enforceable agreement between the User and PayerMax. The Terms of Use may be revised or altered by us at our sole discretion at any time without any prior intimation to the User. The latest Terms of Use will be posted here. Any such changes by PayerMax will be effective immediately.

Services being offered by PayerMax

Subject to these Terms of Use, Merchant Onboarding Policy, Grievance Redressal Policy and Privacy Policy, PayerMax offers the Services set forth on the website.

PayerMax is constantly evolving in order to provide the best possible experience and information to its Users. You acknowledge and agree that the form and nature of the Services which PayerMax provides may change from time to time without any prior notice to you.

Use of the Services by User

This Policy is deemed to incorporate the Agreements (between PayerMax and Merchant) posted on the terms and accessible in Pay Terms of Service.

If You are using Services on behalf of a company, partnership, association, government or other organization (Your 'Organization'), You warrant that You are authorized to do so and that You are authorized to bind Your Organization to these Terms. In such circumstances, 'You' will include Your Organization.

Eligibility

Any person who is above eighteen (18) years of age and competent to contract under the applicable laws is eligible to access or visit the Website or avail the Services displayed therein. The User represents and warrants that it will be financially responsible for all of User's usage (including the purchase of any Service) and access of the Website. The Terms of Use shall be void where prohibited by applicable laws, and the right to access the Website shall automatically stand revoked in such cases.

Compliance with laws

User undertakes that it shall, during the use of the Services, be in compliance with the mandates of FATF and local AML/CFT supervisor institutions and acknowledges that the User has not directly or indirectly lent, contributed or otherwise made available funds to any of its affiliates, joint venture partners or any other person or entity for the purpose of financing the activities of any person currently subject to the Specially Designated List.

Merchant User should apply for onboarding by KYC and CDD requirements, specifically stated in Merchant On-Boarding Policy.

User should report the suspicious customer or transactions once detecting the risk and cease the service to the individuals or business.

Cooperation with PayerMax suspicious or risky inspection should be guaranteed by the merchant user. Any failure or delay to justify the authenticity or reasonability of the transactions may result in suspension of the settlement payouts or services.

Exclusion of Warranties

We does not represent or warrant that the Service will operate without interruption or will be error free. Especially in the following cases:

  • (a) modification or alteration of the Service made without the prior written approval of PayerMax;

  • (b) accident, neglect, misuse or abuse, or

  • (c) exposure to conditions outside the range of the environmental, power and operating specifications provided by PayerMax.

The Services are provided on an as is and as available basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the Services is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Indemnity

The User shall indemnify and hold PayerMax in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions or other proceedings as a result of:

  • Fraud, negligence and willful misconduct by the User in the use of the Services;
  • Violation of applicable laws in the use of the Services and/ or in the conduct of the business of the User, including but not limited to the legal provisions mentioned thereafter;
  • Breach of the User's confidentiality obligations under these Terms of Use; your wrongful or improper use of the Services;
  • Disputes raised by a User's customer in relation to a transaction where such dispute is not attributable to the Services;
  • Penalties, fines, charges, or any other actions as a result of breach or violation of any the User's representations and warranties; and
  • Fines, penalties and charges imposed by the Acquiring Bank, Card Payment Networks or any Governmental Authority on account of transactions on the User's website or platform that are in violation of applicable law.

Limitation of Liability

Subject to the overall provisions stated above, you expressly understand and agree that PayerMax shall not be liable to you for:

  • Any direct, indirect, incidental, special, consequential, punitive or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss;
  • Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Services;
  • The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
  • Your failure to provide PayerMax with accurate Registration Data or KYC documents; or
  • Your failure to keep your password or account details secure and confidential, or:
    • - you erroneously direct us to submit a payment instructions to a Merchant/Biller multiple times;
    • - you direct us to submit the wrong amount to a Merchant/Biller;
    • - you direct us to submit a payment instruction for a wrong Merchant/Biller; or
    • - you provide us with incorrect or incomplete information.

Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply.

Force Majeure

We will not be liable for failure to perform under this Agreement as a result of any event of force majeure including, not be limited to acts of god, fire, wars, sabotage, civil unrest, labor unrest, action of statutory authorities or local or state, central governments, change in laws, rules and regulations, affecting our and/or the Payment System Providers performance.

Confidentiality

User agrees not to disclose or attempt to use or personally benefit from any non-public information that he may learn on the website or through the services. This obligation shall continue until such time as the non-public information has become publicly known through no action of your own. If you are compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any such non-public information, you agree to promptly and diligently notify PayerMax and cooperate fully with PayerMax in protecting such information to the extent possible under applicable law.

Settlements

This Policy is deemed to incorporate the Agreements (between PayerMax and Merchant) posted on the terms and accessible in the process of on-boarding.

All risks associated with the delivery of the goods or service will solely be that of the seller and not of PayerMax. Also, all disputes regarding quality, merchantability, non-delivery, delay in delivery or otherwise will be directly between the seller and the buyer without making PayerMax and/ or the payment service providers, a party to such disputes.

Further, PayerMax also reserves the right to close, suspend, limit or put on hold the User's access to the account with PayerMax and/ or the funds available therein, including settlements pertaining to the User under inter alia the following scenarios:

  • If such User's KYC credentials are found to be ingenuine or fake;
  • If the User makes incorrect or untrue disclosure of the nature of its business, resulting in a merchant category code violation;
  • For violation of any of the provisions of these Terms of Use;
  • For violation of any of the provisions of any other agreement that the User has entered into or might enter into with PayerMax; and
  • For violation of any of the applicable laws by such User.

Such right to close, suspend, limit or put on hold the User's access to the account with PayerMax shall continue till such time that such User submits genuine KYC documents or credentials to the satisfaction of the relevant authorities as per the extant rules, regulations or guidelines with regard to KYC, as well as to the satisfaction of PayerMax without prejudice to any other legal remedy that PayerMax is entitled to prefer as per applicable law

OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

The Service are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. We own the title, copyright and other worldwide intellectual property rights in the Services and all copies of the Services. In addition, this Agreement does not grant you any rights to the intellectual property rights in the Services;

Unless you have agreed otherwise in writing with PayerMax, nothing in the Terms of Use gives you a right to use any of PayerMax’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

Unless you have been expressly authorized to do so in writing by PayerMax, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.

Security

Unauthorized access to your financial information: To help prevent unauthorized access to your personal financial information, You agree to:

  • (a) maintain the security of your account by not sharing your password with others and restricting access to your account on your computer or mobile or other device;

  • (b) ensure that you logout from your PayerMax Account each and every time you use it;

  • (c) ensure that you have a lock such as a pattern lock, password protection, etc. on your device and not leave your computer or mobile or other device unattended or unlocked; and

  • (d) take responsibility for all activities that occur under your PayerMax Account and accept all risks of unauthorized access. If you believe your password or devices has been lost or stolen, or if you suspect any fraudulent activity, please report this to us immediately.

you are solely responsible for any unauthorized access to your personal or financial information that result from your failure to properly follow the Security Procedure detailed in these Terms and Conditions. PayerMax will not be liable for any loss, damage or other liability arising from your failure to comply with the terms and conditions herein or from any unauthorized access to or use of your PayerMax Account. We will also have no liability and you agree to assume all risk of loss that arises out of or relates to any loss or theft of your device or any information contained within any device.

Risks: The use of a device such as mobiles, tablets and laptops involves risks as also does the usage of internet. For example, sensitive personal information or financial data that is transmitted from or to a device or internet may be intercepted and used by third parties without your knowledge. Viruses, spyware and other “malicious code” can also be downloaded to your devices without your knowledge. By using a device and internet to access the Sites, you assume all of those risks and agree that we will have no liability whatsoever to you for any loss or theft (including identity theft) occurring as a result of such risks.

Risk-Control & Disputes

In an effort to manage our risk, we may monitor your transactions and processing activity for high-risk practices or for fraudulent transactions.

If we believe there is suspicious or unusual activity, we may temporarily or permanently suspend your access to the Service. Suspicious or unusual activity includes, but is not limited to changes in your average transaction amount or processing pattern or use of different payment accounts.

The Merchant User understands that PayerMax may reject authorization of Transaction placed by the Customer for any reason including but not limited to risk management, suspicion of fraudulent, illegal or doubtful Transactions, selling of banned items, use of compromised Valid Cards, use of blacklisted/banned cards or in accordance with the global or local supervisor institutions, Acquiring Banks, Issuing Institution and/or Card Association rules, guidelines, regulations, etc and any other laws, rules, regulations, guidelines in force, etc.

The Merchant User shall ensure that all industry requisite approvals, licenses and registrations, etc in accordance with all laws, rules, regulations, guidelines in force from time to time, have been obtained and are kept in full force and effect to enable the Merchant to offer the Products for sale.

Before initiating a Dispute or Chargeback, the user must attempt to honor the Transaction. If the attempt fails and the merchant has already billed the Transaction to the customer, the merchant must credit the customer for the disputed or chargeback amount. When chargebacks occur, a chargeback processing fee will be charged on the merchant end.

The involved-parties shall use all reasonable endeavors to resolve such Dispute amicably. The merchant should comply with the contract to deal with the disputes or chargebacks.

Privacy & Disclosure

This Agreement is deemed to incorporate the Privacy Policy posted on the terms and accessible on the website.

Complaints & Customer Grievance Policy

This Service is deemed to incorporate the Customer Grievance Redressal Policy posted on the terms and accessible on the website.

Prohibited Services

This Policy is deemed to incorporate the On-boarding Policy (between PayerMax and Merchant) posted on the terms and accessible in the process of on-boarding.

Termination

We may terminate or suspend use of the Service at any time in our discretion, with notification to You. Upon any termination for any reason, we shall have no liability to You and no further obligations under this Agreement.

Immediately upon termination, (a) the rights granted to You herein shall terminate; (b) You must cease all use of the services.

We will have to the option to suspend or terminate this Agreement and the Services with immediate effect on the occurrence of a force majeure event.

Any termination of this Agreement does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you to us, and/or the Payment System Providers as provided in this Agreement.

All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.

Governing Law and Disputes

This Terms of Service shall be governed by the laws of Hong Kong and the general international business practices and / or industry practices shall be referred to where there are no applicable laws or regulations.

Any dispute arising out of or in connection with this Terms of Service shall be submitted to Courts in Hong Kong and waive any objection to such proceedings on grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.

Last updated on July 19, 2021

PayerMax, operated by PMmax Technology Limited (“PayerMax”, “we”, “our” or “us”), acts as a payment aggregator facilitating payment processing (“PayerMax Service”) for our customers (the “merchants”). During this payment processing, PayerMax will need personal information to process specific transactions. This PayerMax Privacy Policy describes how we collect, use, store and disclose personal information.

PayerMax may process personal information of the following categories of individuals in the provision of PayerMax Services:

  • (a) individuals employed or associated with merchants, such as representatives, suppliers or end-users;
  • (b) vendors or business partners or individuals employed or associated with such organisations that assist us in the provision of PayerMax Service; and
  • (c) visitors that log on or use our website https://www.payermax.com/.

We collectively refer to the individuals listed above as “you” in this Privacy Policy.

We process the personal information of end-users of merchants on behalf of the merchants. We are not responsible for and have no control over the privacy or security practices of the merchants, which may differ from those explained in this Privacy Policy. If your personal information has been submitted to us by or on behalf of the merchants and you wish to exercise any rights you may have under applicable data protection laws, please inquire with them directly.

Your use of PayerMax Service is governed by the PayerMax Terms of Service, which describes in more detail the PayerMax Service covered by this Privacy Policy. Capitalized terms not defined in this PayerMax Privacy Policy shall have the meaning ascribed to them in the PayerMax Terms of Service.

Information we collect and how we use it

Sources of information

We process personal information that you provide to us in a number of ways, including:

  • When you make or receive a payment from the merchants who using PayerMax Service
  • When you make an inquiry about our PayerMax Service or otherwise interact on our website
  • When you interact with us by telephone, email and other electronic communication
  • When you attend an event with us or a third party we are working with or sign up to receive publications from us
  • When we onboard you as a merchant and interact regarding our service
  • When you provide services to us or seek to provide such services

We may also process your personal information from third-party sources as necessary for the provision of PayerMax Service. We may obtain this information from your organisation, from public sources or third parties, depending on the relevant circumstances. For example, we may obtain certain personal information about you from:

  • Third-party licensed payment provider or bank, such as your transaction information, as necessary to provide PayerMax Service; or
  • third parties, such as government agencies, information service providers, or from publicly available records to carry out due diligence and other legally required compliance checks, such as those related to knowing your customer (KYC), anti-money laundering (AML) and Specially Designated Lists.

Type of personal information

When you use our website or when we interact with you to provide PayerMax Service or to receive services from you as a vendor, the personal information we receive, collect and process may include:

  • Contact information, such as your name, email, phone number, billing address.

In addition to the information listed above, we may collect information about the transaction from you depending on which payment method you choose to make or receive a payment, including:

  • Bank card information such as the name on the card, card type, card number, card verification value, and expiration date, or the information about the account you open with other licensed payment channels to process the payment;
  • Identification information, such as your ID number or tax number, Customer ID generated by merchants to verify the process the transactions or conduct anti-money laundering and/or fraud prevention checks
  • Transaction information, such as amount and time of transaction, currency and language you used;

We collect the following personal information from your device when you use PayerMax Service to carry out data analysis for advertising, and to protect you from fraud, phishing or other misconduct:

  • IP address, app version, system version and type, device model, system language, network type, carrier, android ID, Mac address, IMEI, advertising identifier number and browser system.

You may provide your personal information to us voluntarily. However, there are circumstances in which we may not be able to assist you, or an organization with which you are associated, unless you provide us with your personal information. For example, your personal information may be required for legally required compliance checks, for security and other reasons to allow you to access PayerMax Service. In these cases, without the relevant personal information, we may be unable to assist you, and we would inform you that this is the case.

We do not knowingly collect personal information from or about children under the age of 18. If you are under 18, please do not use PayerMax Service or send any personal information about yourself to us. If we learn that we have collected personal information from a child under 18, we will delete that information as soon as possible. If you believe that a child under 18 may have provided us personal information, please contact as using details provided in section 8 below.

Legal justification for our use of your personal information

We may process your personal information in connection with any of the purposes set out above on one or more of the following legal grounds:

  • To perform our obligations under a contract with you or your organization;
  • To comply with our legal obligations, as well as to keep records of our compliance processes or tax records;
  • To pursue our legitimate interests, or those of a third-party recipient of your personal information, provided that those interests are not overridden by your interests or fundamental rights and freedoms. Specifically, we have legitimate interests in promoting and marketing our services to existing and potential customers, in maintaining customer accounts for efficient operation of our business, in keeping our information, trade secrets and confidential data safe and secure, in handling complaints and claims to protect our business; or
  • Based on your consent to process your personal information in that manner.

Information we share

We will only share your personal information with third parties in the following circumstances:

  • A merchant. If we have collected your personal information in the course of providing PayerMax Service to that merchant, and where permitted by law to others for the purpose of providing PayerMax Service. For example, when you make a purchase or transaction with that merchant, we make certain personal information about you available to the merchant you purchase from or transact with;
  • Licensed payment service provider. We may exchange certain personal information about you to enable the provision of PayerMax Service, such as your transaction information with the licensed payment service provider or bank as necessary to provide PayerMax Service;
  • Third parties providing services for AML/KYC checks, credit risk reduction, and other fraud and crime prevention purposes, or similar services, including financial institutions, credit reference agencies, and regulatory bodies with whom such personal information is shared;
  • Courts, law enforcement authorities, regulators, government officials or other competent authorities where it is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim, including in order to protect the legitimate rights and interests of you and others. Such disclosures may be necessary for us to comply with mandates from FATF and local AML/CFT requirements. We may provide your Customer ID, contact information, and any other transaction information to competent authorities;
  • Our corporate group, we also share your personal information within our corporate group, including parent, subsidiary or affiliate companies as needed to provide the PayerMax Service or for the purposes set out in this policy.
  • Service providers which we engage to process personal information for any of the purposes listed above on our behalf and in accordance with our instructions only, such as licensed payment service providers, cloud storage providers; and/or
  • Prospective sellers or buyers of any of our business or assets to which we might assign or novate any of our rights and obligations; in such case we may disclose your personal information to the prospective seller or buyer of such business or assets.

Any information you provide directly to a third-party merchant, website or application is not covered by this PayerMax Privacy Policy. We are not responsible for the privacy or security practices of merchants or other third parties with whom you choose to share your personal information directly. We encourage you to review the privacy policies of any third party to whom you choose to share your personal information directly.

The personal information we collect may be transferred to and stored outside of the country you use PayerMax Service for the purposes specified in this Privacy Policy. For example, we store all of our data, including personal information, with AWS in Singapore.

Any international transfers of your personal information will be made according to appropriate safeguards under the applicable laws and regulations. If you wish to enquire further about these safeguards used, please contact us using the details set out in section 8 of this Privacy Policy. We may transfer your personal information outside of the country where you use PayerMax Service, and where we do so we will protect personal information as required by applicable laws.

How long do we keep your personal information?

Your personal information will be retained only for as long as necessary for the purposes for which the information was collected, except where necessary to meet our legal obligations (for example, in relation to KYC/AML requirements) or to establish, exercise or defend potential legal claims or to pursue our legitimate interests.

Your rights

Your rights will depend on the laws which apply to you and us, but you may have:

  • the right to obtain access to your personal information,
  • to have your personal information we hold rectified or deleted,
  • to restrict our processing of that information,
  • to object to our processing of personal information,
  • to have your personal information transferred to you or another organisation, and
  • to lodge a complaint with a relevant data protection authority.

Where you have provided us with consent for the processing, you may be able to withdraw it. Please note that even after you have chosen to withdraw your consent, we may be able to continue to process your personal information to the extent required or otherwise permitted by law, in particular in connection with exercising and defending our legal rights or meeting our legal and regulatory obligations. To withdraw your consent or to exercise any of the rights above, if they are applicable, you should use our contact details set out in section 8 below.

We must ensure that your personal information we hold is accurate and up to date, where relevant. Therefore, please advise us of any changes to your information by emailing us.

Security

We are concerned about safeguarding the confidentiality of your information. We employ administrative, physical and electronic measures designed to protect your Information from unauthorized access and use. Please be aware that no security measures that we take to protect your information are absolutely guaranteed to avoid unauthorized access or use of your information which is impenetrable.

Sensitive Information

We ask that you not send us, and you not disclose, any sensitive personal information (e.g., information related to your e-wallet password, credit or debit card password, racial or ethnic origin, political opinions, religion or other beliefs, health, sexual orientation, criminal background or membership in past organizations, including trade union memberships) through PayerMax to us, unless such information is required by us for legal compliance checks, such as KYC/AML.

Contacting Us

If you have any questions, complaints or comments about this PayerMax Privacy Policy or our privacy practices, or to report any violations of the PayerMax Privacy Policy, please contact us at: dpo@payermax.com.

Changes to This Privacy Policy

We may revise this PayerMax Privacy Policy from time to time to reflect any changes to the way how we process your personal information or changing legal requirements. The most current version of the policy will govern our use of your information. Please check back frequently to see any updates or changes. This Privacy Policy was last updated on the date provided at the top of this page.

Supplemental Terms

The following additional or amended terms shall apply to you if you are a user in the relevant jurisdiction specified below.

Brazil

Law No. 13,709/2018 (the Brazilian General Data Protection Law, aka “LGPD”) offers additional rights and regulations for individuals located in Brazil. Further to the information set out in sections 1, 5, 7, and 10 of this Privacy Policy, the following additional information applies to you if you are located in Brazil:

Minor’s Personal Information: We do not knowingly collect personal information from or about children and adolescents under the age of 18. If you are under 18, please do not attempt to use PayerMax Service or send any personal information about yourself to us. If we learn that we have collected personal information from a child or adolescent under 18, we will delete that information as soon as possible. If you believe that a child or adolescent under 18 may have provided us personal information, please contact us.

Data subject’s requests: Under Article 18 of the LGPD, you have the following rights as data subject:

  • confirmation of the existence of processing activities;
  • access to your personal information;
  • correction of incomplete, inaccurate, or outdated personal information;
  • anonymization, blocking or elimination of unnecessary or excessive personal information or of information processed in noncompliance with the LGPD;
  • portability of your personal information;
  • elimination of your personal information processed with your consent;
  • information of the public and private entities with which we shared your personal information;
  • information on the possibility of not providing consent and on the consequences of the denial;
  • revocation of consent; and
  • petition against us before the National Authority for Data Protection (“ANPD”).

Indonesia

If the Services are used or accessed from within Republic of Indonesia, then the following supplemental terms shall apply and override any conflicting provisions in the Privacy Policy:

Consent from third parties. If you provide any personal data or information of third party individuals and/or parties, you represent and warrant that you have obtained the necessary consent to do so.

Data sharing. We will not share your information with third parties for any purposes other than the provision of PayerMax Service specified herein, without your consent.

Governing Language. These Privacy Policy are made in English and Indonesian language versions. In the event of any discrepancy between the English and Indonesian language versions, the English language version shall prevail.

Parental or Guardian Consent. If you are under the age of 21, you hereby represent that you had the consent of your parent or legal guardian to use the PayerMax Service.

Waiver. For the purpose of termination and/or dissolution and/or rescission of the Privacy Policy, we and you hereby waive the applicability of the provisions under Article 1266 of the Indonesian Civil Code, to the extent that the court order and/or decision would otherwise be required to validly terminate and/or dissolve and/or rescind the Privacy Policy.

Philippines

If the Services are used or accessed from within Philippines, then the following supplemental terms shall apply and override any conflicting provisions in the Privacy Policy:

Clause 1 (Information we collect and how we use it), add:

If you have provided us with personal information of third party individuals, you are required to obtain the individual's prior consent and you represent and warrant that you had or have their consent or are otherwise entitled to provide their personal information to us. By providing us with personal information of third party individual(s), you also warrant that the individual(s) is informed of and consents to the terms of this Privacy Policy.

Clause 3 (Information we share), combine bullets 3 and 5 as follows:

Service providers which we engage to process personal information for any of the purposes listed above on our behalf and in accordance with our instructions only, such as local licensed payment service providers, cloud storage providers as well as companies providing services for AML/KYC checks, credit risk reduction, and other fraud and crime prevention purposes, and companies providing similar services, including financial institutions, credit reference agencies, and regulatory bodies with whom such personal data is shared; and/or

Clause 5 (Your rights) insert following clause:

Where you have provided us with consent for the processing, you may be able to withdraw it. Please note that even after you have chosen to withdraw your consent, we may be able to continue to process your personal information to the extent required or otherwise permitted by law, in particular in connection with exercising and defending our legal rights or meeting our legal and regulatory obligations or for any of the purposes set out in this Privacy Policy where the processing of your personal information is not based on consent.

South Korea

If the Services are used or accessed from within South Korea, then the following supplemental terms shall apply and override any conflicting provisions in the Privacy Policy:

After the purpose of processing of your personal information is achieved, your personal information will be transmitted to a separate database (or moved to a separate storage if your information is retained in a paper form) and retained for a certain period in accordance with PayerMax’s internal regulations and other applicable laws and regulations before it is destroyed. Your personal information relocated to a separated database will not be used for other purposes, unless it is required under the applicable laws and regulations. When destroying your personal information, we will take reasonable and technically feasible measures to make the personal information irrecoverable. For example, electronic files that contain personal information will permanently be deleted using a technical method that makes the files irrecoverable, and any other records, print-outs, documents or any other recording media will be shredded or incinerated.

Glossary of terms

AbbreviationTerm
EDDEnhanced due diligence
KYCKnow Your Customer
RBIReserve Bank of India
UNSCUnited Nations Security Council
UNSCRUnited Nations Security Council resolution

Introduction of the Policy

This Merchant On-Boarding Policy (Policy) has been formulated to provide the minimum requirements pertaining to the procedures that the Company shall implement when associating with Overseas Merchants and it shall, among others, cover aspects related to merchant due diligence, reporting and record management and endeavors to be in line with the requirements of the bank in this regard. The compliance and operations team of the Company will be responsible for effective implementation of this policy.

Objective of the Policy

The Policy is applicable to all employees of the Company and has been prepared to achieve the following objectives:

  • 1. To establish a framework for the implementation of adequate merchant on-boarding processes, procedures and controls;

  • 2. To regularly review the Policy and procedures herein to ensure its effectiveness.

  • 3. Merchant on-boarding procedure will follow in lines with the policy to define their on-boarding process

Merchant on-boarding

Due diligence

  • The Company shall, at the outset, screen the names of the merchants as well as the authorized officials / shareholders/ Beneficial owners of the merchant against the following:

    • 1. Sanctions lists circulated by RBI
    • 2. Sanction list of respective geography of the merchant
    • 3. Negative merchant lists maintained with the Company
    • 4. Any other sanctions list circulated by Citi Bank
    • The Company shall also not accept merchants that are falling under the restricted categories (list as per Annexure 1)
  • The Company will also ensure that Application name/ Brand name of the customers are screened against the available negative lists.Post screening and merchant acceptance, the Company shall proceed to establish a process to on-board the merchant on its platform. For this purpose, the Company shall obtain necessary identity documents of the merchant along with information pertaining to the nature, financials and other relevant details of the business of the merchant. For this purpose, the Company shall prepare an appropriate onboarding form outlining the requisite information and supporting documentation and shall obtain a duly filled-in copy from the merchant.

  • The Company shall undertake background and antecedent check of the merchants, to ensure that such merchants do not have any malafide intention of duping customers, do not sell fake services, etc. Depending on the risk categorization of merchants, the Company will undertake enhanced due diligence of high-risk merchants.

  • The information and documents sought from the merchant shall include (which shall be customized based on the country specific regulatory requirements):

    • 1. Identity and address details of the merchant, including supporting documents
    • 2. Charter documents (Certificate of Incorporation, Memorandum and Articles of Association or other relevant document specific to the country)
    • 3. Business license/ registration certificate
    • 4. Certificates/licenses issued by regulators (if any)
    • 5. Tax certificate
    • 6. Shareholding details
    • 7. Director details
    • 8. Board resolution authorizing its officials to transact on its behalf
    • 9. Brief write up on the business of the merchant
    • 10. Signed Merchant Agreement with the Company
    • 11. Bank Statements or other documents evidencing bank account details of the merchants
    • 12. Other relevant information
  • The Company shall ensure that these documents are collected basis the type of the entity which the merchant is operating. To state an example, within local and global requirement of KYC document for LLP, Private Limited Company, Trust etc. are different and the Company shall ensure that such requirements are adhered to.

  • The Company shall verify all the information received from the merchant in line with the pre-agreed terms with the Citi Bank set out in this regard.

On-going due diligence

  • The Company shall undertake on-going due diligence of merchants to ensure that their transactions are consistent with their knowledge about the merchants, merchants’ business and risk profile; and the source of funds. The extent of monitoring shall be aligned with the risk category of the merchant.

  • For this purpose, the Company shall monitor the following types of transactions:

    • 1. Suspicious transactions having inconsistent patterns of transactions, including but not limited to velocity, volume and threshold checks
    • 2. Sudden surge in transactions for a specific country by multiple merchants or by a merchant to different countries
    • 3. Fraud reporting cases or any non-compliance in terms of behavior, information sharing
    • 4. Stricter monitoring for customers identified as high-risk customers
    • 5. Monitoring against the negative news on companies/ individuals
    • 6. Gateway level checks
    • 7. Increase in chargebacks cases

Record management

The Company shall ensure maintenance, preservation and reporting of merchant information in line with the agreed terms with Citi bank as part of the engagement.

  • Periodic updation

    • ‘Periodic Updation’ means steps taken to ensure that documents, data or information collected under the due diligence process is kept up-to-date and relevant by undertaking reviews of existing records at periodicity prescribed by the local and global supervisor institutions or as per agreed terms with Citi Bank.
  • Record upation

    • Basis the periodic risk assessment carried by the Company, the Company shall review the documents sought at the time of establishing the merchant relationship and obtain additional and fresh documents from the merchants.

Reporting requirements

The Company shall collect, compile and report all such requisite data and information to Citibank, relating to transactions and merchants, in such format as may be outlined as per a pre-determined arrangement with Citibank for the purpose of onward reporting to such authorities, regulators.

Review of the Policy

The Policy will be reviewed at least annually, or earlier, if needed, in the event of any significant change in business operations. All updates / changes to the Policy will be communicated to the relevant staff / relevant stakeholders on a periodic basis.

Annexure 1

Online Merchants: Negative Category that cannot be considered – Table I

Sr. NoCategory
1Adult goods and services which includes pornography and other sexually suggestive materials & related herbal products (including literature, tablets, injection, vaccination imagery and other media); escort or prostitution services; Website access and/or website memberships of pornography or illegal sites
2Body parts which includes organs or other body parts
3Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam)
4Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free
5Child pornography which includes pornographic materials involving minors
6Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection
7Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials
8Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software
9Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods
10Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms
11Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
12Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction
13Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles
14Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, website, or other protected property
15Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts
16Offensive goods which includes literature, products or other materials that:
a. Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
b. Encourage or incite violent acts
c. Promote intolerance or hatred.
17Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals
18Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.
19Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable, and radioactive materials and substances
20Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications
21Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
22Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products
23Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments
24Wholesale currency which includes discounted currencies or currency exchanges
25Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India.
26The Merchant providing services that have the potential of casting the Bank/ TranServ and/ or Payment Service Providers in a poor light and/ or that may be prone to – Buy & Deny attitude of the cardholders when billed (e.g. Adult material/ Mature content/ Escort services/ friend finders) and thus leading to chargeback and fraud losses.
27Businesses out-rightly banned by law (e.g. Betting & Gambling/ publications or content that is likely to be interpreted by the authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/sweepstakes & games of chance.
28Bulk marketing tools which includes email, lists, software, or other products enabling unsolicited email messages (spam)
29Web-based telephony/ SMS/Text/ Facsimile services or Calling Cards. Bandwidth or Data transfer/ allied services. Voice process/ knowledge process services.
30Mailing lists
31Multi-Level Marketing collection fees/Matrix sites/Pyramid Marketing
32Businesses which involved in any kind of production or services of Fireworks are prohibited.
33Drop Shipment

Introduction of the Policy

This Grievance Redressal Policy (Policy) has been formulated to provide customers and merchants adequate facilities to lodge and escalate their grievances, concerns and queries with the Company and to provide a speedy and effective redressal mechanism for the same. The operations team of the Company will be responsible for effective implementation of this policy.

Objective of the Policy

The Policy has been prepared to achieve the following objectives:

  • 1. To establish two distinct grievance redressal frameworks for the implementation of complaint receipt and redressal for the benefit of customers and merchants;

  • 2. To provide adequate modes of lodging complaints with the Company;

  • 3. To effect speedy and satisfactory redressal of complaints;

  • 4. To establish an appropriate matrix of authorities for escalating grievances;

  • 5. To ensure periodic reporting to ensure minimisation of complaints;

  • 6. To regularly review the Policy and procedures herein to ensure its effectiveness.

Modes of lodging complaints (for merchants)

To lodge any compliance, details like on line queries form, Email, etc. will be available on the website page of the Company. And each merchant will be assigned an account manager to handle the queries or dissatisfaction from merchants. In case of any dissatisfaction, queries or feedback, merchants may contact the Company through the following modes:

ModeContact detailsAvailability
Emailservice@payermax.com24x7

Modes of lodging complaints (for customers)

To lodge any compliance, details like phone number (toll free number), Email, etc. will be available on the website page of the Company. In case of any dissatisfaction, queries or feedback, customers may contact the Company through the following modes:

Sr. NoModeContact detailsAvailability
1Emailservice@payermax.com24x7
2Online chatAuto link in payment SDKWorking days and 9am-6pm

Complaints resolution timelines

The Company shall endeavor to resolve all complaints and queries within the resolution timelines outlined below:

Sr. NoComplaint typeResolution timeline
1Remittance related issues5 working days
2Technical issues2 working days
3Transaction related issues2 working days
4Operational5 working days
5Finance related issues7 working days
6Terms of service7 working days
7Refunds3 working days
8Others7-10 working days

The time proposed to be taken to dispose customer complaints

AuthorityTurn-around time for complaint resolution (From time of receipt of complaint)
AcknowledgementImmediately
Level 1 AuthorityWithin 48 hours
Level 2 AuthorityWithin 7 days
Level 3 AuthorityWithin 30 days

Reporting requirements

The Company shall collect, compile and report all such requisite complaint-related data and information to the bank in such format as may be outlined as per a pre-determined arrangement with Citibank for the purpose of onward reporting to such authorities, regulators.

Display of the Policy

The Company shall publicly display the Policy on the Company’s website/app.

Review of the Policy

The Policy will be reviewed at least annually, or earlier, if needed, in the event of any change in the regulatory framework or in business operations. All updates / changes to the Policy will be communicated to the relevant staff / relevant stakeholders on a periodic basis.

Last updated on July 1st, 2020

This Terms of Service forms a legal agreement between You and PayerMax, for all other transactions using the PayerMax Service (“PayerMax”). This Terms of Service governs your access to and use of PayerMax Service as a purchaser of Product (as defined below). Please review this entire Terms of Service before you decide whether to accept it and continue with the using process.

BY CLICKING ON THE CONFIRM TO PAY BUTTON ON THE PAYMENT PAGE, YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE.

1. Certain Defined Terms

The following defined terms appear in this Terms of Service.

  • 1. You, you or Buyer: A Customer that applies to, or registers to use, or uses, the Service to make Payments Transactions to purchase Products.

  • 2. Customer: A person that use the Service.

  • 3. Seller: A Customer that uses the Service to process Payments Transactions from Buyers.

  • 4. Payments Instrument: The credit card, debit card, E-Wallet or the banking account that is provided by you with the Service to facilitate the processing of Payments Transactions.

  • 5. Payments Transaction: The processing of a Payments through the Service for the purchase of a Product that results in the debiting or charging of the Purchase Amount to a Buyer's Payments Instrument

  • 6. “Payment Mechanism” shall mean the mechanism of making payment by utilizing the internet facilities of various banks, card associations, card payment systems and through such other modes and mechanisms of payment and delivery as may be notified by PayerMax from time to time.

  • 7. Product: Any physical goods and digital content, including applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, productivity tools, etc.), listed for sale that a Buyer may pay for using the Service.

  • 8. Service: The PayerMax Service, described in this Terms of Service that facilitates the processing of Payments Transactions on behalf of a Seller.

2. Acceptance of Terms

This Terms of Service includes itself and all various rules or policies published or to be published by PayerMax in the future. All rules and policies are an integral part of this Terms of Service and shall have the same legal effect.

Your use of PayerMax Service in any way indicates that you have fully read, understood and agreed to accept the terms and conditions of this Terms of Service (hereinafter referred to collectively as the “Terms”). Simultaneously, you shall be deemed to have corresponding capacity for rights and act and be capable of bearing legal liability independently. If you do not have the corresponding capacity for rights and act, you and your legal representative/partner/ person in charge shall bear all consequences resulting from this in accordance with applicable law. This Terms of Service represents the general rules between the parties. Where mandatory stipulations are provided in laws or both parties have reached consensus separately, such provisions or consensus shall prevail.

Before you click “CONFIRM TO PAY” to this Terms of Service in the using process, we specifically remind you to pay attention to the Terms in capital letters. Please read and fully understand the Terms, especially the DISCLAIMER and LIMITATION OF LIABILITY. If you do not agree to the Terms or if you cannot accurately understand any Terms, please do not click “CONFIRM TO PAY” button, otherwise we would assume that you have accepted all terms and conditions hereunder.

3. Payments Transaction Processing

The Service facilitates the processing of Payments Transactions to complete a payment for a purchase between a Buyer and a Seller. The Service will process Payment Transactions on behalf of Sellers through the appropriate credit card or debit card network or through Payment Mechanism, as applicable.

PayerMax only provides Payments Services and shall not responsible for the Products.

4. Your Responsibilities

You will use the PayerMax in good faith and in compliance with all applicable laws and regulations.

The information and material you provide in connection with the use of the PayerMax is true, lawful and accurate, and is not false, misleading or deceptive.

You shall not use the PayerMax to defraud us, our affiliates or other members or users, or engage in other unlawful activities (including without limitation dealing in products or services prohibited by law).

You shall not use the PayerMax for any illegal activities or in a manner that may result in complaints, disputes, claims, penalties or other liability to us, other users or third parties or may be regarded as an abuse of the PayerMax.

If we, in our sole discretion, believe that you may have engaged in the above restricted activities, we may suspend or restrict your access to the PayerMax, or terminate this Agreement and refuse to provide access to the PayerMax to you.

5. Privacy

You understand and agree that personal information provided to us in connection with the Service is subject to PayerMax’s Payments Privacy Policy .

6. Intellectual Property

You acknowledge that PayerMax owns the intellectual property rights and other legal rights of any programs, source codes, patches, solutions and documentation related to PayerMax Service.

7. Disclaimer

PayerMax shall not bear any responsibility arising from any force majeure during your use of PayerMax service.

PayerMax shall not bear any responsibility if the service is interrupted or adversely affected due to computer virus, hacker attack, system instablity or any other factors associated with technology, network, communication line and so on.

PayerMax shall not bear any responsibility for any interruption of services due to regular or irregular maintenance.

PayerMax is not a party to your purchase of products. PayerMax is not responsible for any product purchased, including but not limited to download, installation, use, transmission failure, interruption, or delay, refunds, third party advertisements you may encounter while using the product.

Unless otherwise specified or as set forth in these terms of service or as required by law, all payment transactions processed through the service are non-refundable to buyer by PayerMax and are non-reversible by buyer through the service.

8. limitation of liability

party under any circumstances for any indirect, consequential, special, punitive or exemplary, damages or losses, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses which may be incurred in connection with any indemnified party or the service, or any goods, services, or information purchased, received, sold, or paid for by way of the service, regardless of the type of claim or the nature of the cause of action, even if the indemnified party has been advised of the possibility of such damage or loss. in no event shall the indemnified parties' total cumulative liability arising from or relating to this agreement exceed the net fees PayerMax has actually received and retained from the buyer's valid payment transactions during the three months period immediately preceding the date of the claim.

9. Governing Law

This Terms of Service shall be governed by the laws of Hong Kong and the general international business practices and / or industry practices shall be referred to where there are no applicable laws or regulations.

Any dispute arising out of or in connection with this Terms of Service shall be submitted to Courts in Hong Kong and waive any objection to such proceedings on grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.

10. Modification

PayerMax has the right, in our sole and absolute discretion, to change, modify, or amend any portion of these Terms of Service at any time. The changes will become effective, and shall be deemed accepted by You, after the initial posting and shall apply on a going-forward basis with respect to Payments Transactions initiated after the posting date. In the event that You do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service.

11. Contact Us

Any question please send email to service@payermax.com.

12. Survival

Upon termination of your use of the Service or termination of these Terms of Service for any reason, in addition to this section, the following sections shall survive termination:5, 6, 7, 8, 9 and 10.