Terms of Service

Pagsmile has developed this payment service (the"Service") to make it easy for merchants to accept a large range of preferred local payment methods in many countries. By using the Service, you agree to our terms of use as set out below.

1. Our service

Pagsmile has developed this payment service (the "Service") to make it easy for merchants to accept a large range of preferred local payment methods in many countries. BUT YOU ACKNOWLEDGE that if you use the service within the area of Bahrain, your use of the Service is governed by this: Term of Service - Bahrain , which incorporates this Terms of Use by reference, and if there is a conflict between this Terms of Service and the Term of Service of Bahrain, the “Term of Service of Bahrain” controls. By using the Service, you agree to our terms of use as set out below.

2. Our Software

We provide the Pagsmile API and other software to enable you to use the Service. We reserve the right to require you install or update any and all software updates to continue using the Service. Our Service also includes software to help you manage recurring and subscription billing charges for your products and services. It is your responsibility to obtain your customers' consent to be billed on a recurring basis in compliance with applicable legal requirements and Card Network payment rules.

3. Authorization for Handling of Funds

By accepting this agreement, you authorize us to hold, receive, and disburse funds on your behalf when such funds from your payment transactions settle from the payment partners. You also authorize Pagsmile to hold settlement funds in a deposit account pending disbursement of the funds to you in accordance with the terms of this contract. You agree that you are not entitled to any interest or other compensation associated with the settlement funds held in the deposit account pending settlement to your designated deposit account, that you have no right to direct that deposit account, and that you may not assign any interest in the deposit account. We will display the anticipated settlement in the admin dashboard that we have or are set to receive on your behalf. This settlement information does not constitute a deposit or other obligation of Pagsmile to you. This settlement information reflected in the Pagsmile management dashboard is for reporting and informational purposes only, and you are not entitled to, and have no ownership or other rights in settlement funds, until such funds are credited to your designated deposit account. Your authorizations set forth herein will remain in full force and effect until your Pagsmile account is closed or terminated.

4. Payment methods

We provide a global payment solution through a large range of payment methods, such as ewallets, direct debit, bank transfers, cash payment, prepaid cards.

5. Taxes

It is your responsibility to determine what, if any, taxes apply to the sale of your goods and services and/or the payments you receive in connection with your use of the Service ("Taxes"). It is solely your responsibility to assess, collect, report, or remit the correct tax to the proper tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. You acknowledge that we may make certain reports to tax authorities regarding transactions that we process and merchants to which we provide card payment services.

6. Your Data Security

You are fully responsible for the security of data on your website or otherwise in your possession. You agree to comply with all applicable governmental laws and rules in connection with your collection, security and dissemination of any personal, financial, payment, or transaction information (defined as "Data") on your website. You are also responsible for your login credentials to the Pagsmile management dashboard. Pagsmile will provide its best efforts in order to keep your account secure from fraudulent logins.

7. Our Security

Pagsmile is responsible for protecting the security of Data in our possession and will maintain commercially reasonable administrative, technical, and physical procedures to protect all the personal information regarding you and your customers that is stored in our servers from unauthorized access and accidental loss or modification. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. You acknowledge that you provide this personal information regarding you and your customers at your own risk. We recommend you review our Privacy Policy, which will help you understand how we collect, use and safeguard the information you provide to us.

8. Right to Audit

If we believe that a security breach or compromise of data has occurred, Pagsmile may require you to have a third party auditor that is approved by us to conduct a security audit of your systems and facilities and issue a report to be provided to us and to our partner financial institutions. The security audit costs shall be born by the party who is responsible for the breach as per the audit report findings.

9. Your Privacy

Your privacy and the protection of your data are very important to us. You acknowledge that you have received, read in full and agree with the terms of our Privacy Policy linked to and incorporated into this Agreement by reference, which contains your consent to our collection, use, retention and disclosure of personal information as well as other matters set forth therein and which explains how and for what purposes we collect, use, retain, disclose and safeguard the information you provide to us. You also acknowledge that we or our payment partners may be required to report your business name and the name of your principals to the government authorities if it is determined by a legal court order. Information you choose to upload may be used to payment system partners only to provide you with more payment options. Pagsmile will never sell any of you or your user data to a third party for marketing purposes.

10. Privacy of Others

You represent to Pagsmile that you are in compliance with all applicable privacy laws, you have obtained all necessary rights and consents under applicable law to disclose to Pagsmile, or Pagsmile to collect, use, retain and disclose any User Data that you provide to us or authorize us to collect. As between you and Pagsmile, you are solely responsible for disclosing to your customers that Pagsmile is providing payment services for you and obtaining Data from you about such customers.

11. Restricted Use

You are required to obey all laws, rules, and regulations applicable to your use of the Service (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising). In addition to any other requirements or restrictions set forth in this Agreement, you shall not: (i) utilize the payment options as a way to advance money to users via payment methods, (ii) submit any payment transactions for processing that did not arise from your sale of goods or service to a buyer customer, or acceptance of a bona fide charitable donation, (iii) act as a payment intermediary or aggregator or otherwise resell our services on behalf of any third party, (iv) send what you believe to be potentially fraudulent authorizations or fraudulent payment transaction, or (v) use Pagsmile in a manner that our payment partners believe you are abusing Pagsmile's services and violate the applicable rules. You further agree not to, nor to permit any third party to, do any of the following: (i) access or attempt to access Pagsmile systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way material from Pagsmile; (iii) permit any third party to use and benefit from the Service via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble or otherwise reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service, prevent access to or use of the Service by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the Service except as expressly allowed under this section.

12. Suspicion of Unauthorized or Illegal Use

We reserve the right to not authorize or settle any transaction you submit which we believe is in violation of this Agreement, any other Pagsmile agreement, or exposes you, other Pagsmile users, our processors or Pagsmile to harm, including but not limited to fraud and other criminal acts. You are hereby granting us authorization to share information with law enforcement about you, your transactions, or your Pagsmile Service Account if they request it through a court order or if it is deemed illegal by Hong Kong government.

13. Disclosures and Notices

You agree that Pagsmile can provide disclosures and notices regarding the Service to you by posting such disclosures and notices on our website, emailing them to the email address listed in your Pagsmile account, or mailing them to the address listed in your Pagsmile Merchant Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered.

If you receive information about others, including Cardholders, through the use of the Service, you must keep such information confidential and only use it in connection with the Service. You may not disclose or distribute any such information to a third party or use any such information for marketing purposes unless you receive the express consent of the user to do so. You may not disclose payment information to any third party, other than in connection with processing a payment for your users under this Service.

14. References to Our Relationship

You agree that, from the time you begin processing payment with Pagsmile until you terminate your account with us, we may identify you as a customer of Pagsmile. Neither you nor we will imply any untrue sponsorship, endorsement or affiliation between you and Pagsmile.

15. Disclaimer

The information contained in this website is for general information purposes only. The information is provided by Pagsmile and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Pagsmile. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Pagsmile takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.