Terms & Policies
Hong Kong SARLocal Payment Methods Processing Terms
These Local Payment Method Processing Terms (‘LPM Terms’) form part of the Payment Terms or the Master Service Agreement (if applicable) entered into by Merchants (‘you’ or ‘Merchant’) and Airwallex (the “Agreement”).
In interpreting these LPM Terms:
a. Capitalised words within these LPM Terms shall have the same meaning as provided for within the Agreement;
b. In the event of any conflict between the provisions of the Payment Terms, the General LPM Terms or the Specific LPM Terms with respect to any Local Payment Method, the Specific LPM Terms will prevail with respect to that Local Payment Method, but only to the extent required to resolve such conflict.
c. Further, in the event of any conflict between the provisions of these LPM Terms and the Payment Terms, these LPM Terms shall prevail, but only to the extent required to resolve such conflict.
You can decide whether or not to use a Local Payment Method. If you do use a Local Payment Method, you must accept and agree to the general Local Payment Method terms (“General LPM Terms”) as well as the terms applicable to any specific Local Payment Method (“Specific LPM Terms”). Not all Local Payment Methods have Specific LPM Terms.
Airwallex may supplement these LPM Terms from time to time where new Local Payment Methods are offered. As Local Payment Methods are controlled by Payment Method Providers, these LPM Terms are subject to change and may be unilaterally modified by Airwallex at any time (a “Change”). The Change will be effective on the date of publication or as notified to the Merchant via email.
It is your responsibility to periodically review the LPM Terms in order to ensure that you are aware of, and comply with, the applicable requirements.
A. General LPM Terms
You agree that the following terms are applicable in relation to all Local Payment Methods made available by Airwallex, in addition to any Specific LPM Terms.
1. You may use, access and utilise a Local Payment Method to accept payments from Local Payment Users for sales of your goods and/or services.
2. Your use of the Local Payment Method is subject to:
2.1 these LPM Terms;
2.2 successful registration for and continued right to use the Local Payment Method;
2.3 each set of Local Payment Rules; and
2.4 the Specific LPM Terms.
3. You shall be solely responsible for procuring the Supporting Infrastructure and Services, and in no event shall we or the Local Payment Provider be liable or responsible for any Supporting Infrastructure and Services and any and all related fees and costs shall be for your own account.
4. You shall use the Local Payment Method solely for the Local Payment Transactions that involve products and/or services properly registered with and approved by the Local Payment Provider. Failure to comply with this requirement may result in us terminating these General LPM Terms immediately (in whole or in part) and we will not be responsible for any loss suffered by you as a result of such termination.
5. You acknowledge and agree that:
5.1 the Local Payment Provider reserves all right, title and interest in its and its affiliates' Intellectual Property Rights;
5.2 all rights not expressly granted to you are reserved and retained by the Local Payment Provider, its affiliates or its licensors, suppliers, publishers, rights holders, or other content providers; and
5.3 the Intellectual Property Rights of the Local Payment Provider and its affiliates may not be reproduced, duplicated, copied, licensed, sold or resold without the Local Payment Provider’s express written consent.
6. You acknowledge and agree that the Local Payment Provider shall own the Local Payment User Data, the Alternative Payment Provider’s Marks and all Intellectual Property Rights in or to Local Payment User Data. You undertake to assign or procure the assignment of all Intellectual Property Rights relating to Local Payment User Data to the Local Payment Provider or its nominee for this purpose immediately upon creation. You acknowledge and agree that the Local Payment User Data shall be deemed to be the Local Payment Provider 's confidential information and you shall only use the Local Payment User Data for the purpose of complying with your obligations under these LPM Terms.
7. You shall display Local Payment Provider’s Marks in accordance with Local Payment Rules and at least as prominently as other Payment Method Provider’s Marks.
8. You understand, acknowledge and agree that:
8.1 you shall ensure the accuracy and completeness of the information and records kept in relation to the Local Payment User and Local Payment Transactions. You shall keep such information records for a period of at least seven (7) years or such longer period as required by the Local Payment Rules from the date of the Local Payment Transaction;
8.2 you shall assume all liabilities for the legality, authenticity, completeness and validity of your instructions given in the course of your use of the Local Payment Method. You undertake to solely assume all risks relating to actions of the Local Payment Provider that are taken in accordance with your instructions or purported instructions;
8.3 you shall indemnify the Local Payment Provider, the Local Payment Provider's partners, and the Local Payment Provider's affiliated companies from and against any claim, suit, action, demand, damage, debt, loss, cost, expense (including litigation costs and attorneys’ fees) and liability (each an “Local Payment Method Claim”) arising from: (1) your use of the Local Payment Method; (2) any sale or purported sale of products or services by you through the Local Payment Method; (3) any breach by you of Applicable Law or mandatory codes, standards or best practice guidelines; or (4) any breach by you of these LPM Terms;
8.4 you shall use counsel reasonably satisfactory to us and/or the Local Payment Provider to defend each indemnified claim. If at any time we and/or the Local Payment Provider reasonably determine that any indemnified claim might adversely affect us and/or the Local Payment Provider, we or the Local Payment Provider may take control of the defence at our or the Local Payment Provider's respective expense. You may not consent to the entry of any judgement or enter into any settlement of an indemnified claim without our and/or the Local Payment Provider's prior written consent, which may not be unreasonably withheld;
8.5 you shall agree to and comply with Local Payment Provider, including but not limited to processing and accepting any Refund and Chargebacks in accordance with Local Payment Rules;
8.6 where you register for any Local Payment Provider, you acknowledge and agree that the Local Payment Provider:
8.6.1 will settle the Aggregate Payment Amount to Airwallex in respect of any transaction submitted by Airwallex to such Local Payment Provider; and
8.6.2 may be discharged from its obligation to settle funds once it has settled the Aggregate Payment Amount to Airwallex;
8.7 the Local Payment Provider owes no direct obligations to you and shall not be responsible for any of your goods, services, actions or omissions or liable for your losses, expenses or charges;
8.8 the Local Payment Provider makes no other representations or warranties of any kind, express or implied, to you; and
8.9 you shall not restrict the Local Payment User in any way from using the Local Payment Method at checkout at any sales channel, including but not limited to requiring a minimum or maximum purchase amount or implementing a surcharge, unless permitted by Airwallex in writing or required to do so by Applicable Law; and upon termination of our provision of a Local Payment Method, you shall stop offering Buyers that Local Payment Method at checkout, and shall remove all marketing and advertising material related to the relevant Local Payment Provider.
9. In connection with BNPL Transactions:
9.1 You shall:
9.1.1 accept the Buyer’s offer to settle the value of each BNPL Transaction under a BNPL Structure;
9.1.2 enter into a BNPL Agreement with the Buyer in connection with each BNPL Transaction;
9.1.3 immediately sell and assign all of your present and future rights, title and interest in and to the benefit of each BNPL Agreement in respect of such BNPL Transaction (including the right to receive the value of the BNPL Transaction from the Buyer under the BNPL Agreement for such transaction (the “Receivables”)) and authorise us (or the BNPL Provider) to notify the Buyer of such assignment; and
9.1.4 immediately notify us and settle the relevant funds to us if a payment for a BNPL Transaction has been made by a Buyer directly to you;
9.2 You represent and warrant that, in connection with BNPL Transactions:
9.2.1 the execution, delivery and performance by you of each BNPL Agreement has been duly authorised and does not or will not contravene your other obligations or Applicable Laws;
9.2.2 each BNPL Agreement is valid, legally binding and enforceable;
9.2.3 the Receivables are solely owned by you, are not subject to any deduction, discount, set-off, suspension or counterclaim and will be assigned and transferred to us free and clear of all claims, liens, security interests, or other charges or encumbrances; and
9.2.4 each assignment from you to us under Clause 10.1.3 above will be legal, valid, effective and enforceable.
9.3 Payment from the Buyer for the value of each BNPL Transaction under a BNPL Structure is owed to you by the BNPL Provider, and if the BNPL Provider does not settle any such payments to you, you will have recourse only against the BNPL Provider.
9.4 You acknowledge that neither Airwallex nor its affiliates (“Airwallex Group Companies”) provide any lending or credit facility to you or the Buyer by processing BNPL Transactions for you.
10. You agree the following additional terms will apply in connection with Direct Debit Product Transactions.
10.1 We may enable you to use a Direct Debit Product to receive Payments.
10.2 To the extent required by the Applicable Laws and/or Local Payment Rules, you shall notify the Buyer that the Buyer’s bank account will be debited via direct debit to fulfill the Buyer’s payment obligation to you in accordance with the Direct Debit Authorization.
10.3 Where pre-notification is required under Local Payment Rules and/or Applicable Law:
10.3.1 You shall send the Buyers a pre-notification prior to collecting such Payment in accordance with the timeframe required under the Local Payment Rules and/or Applicable Law.
10.3.2 In case of recurring collections, the pre-notification may be sent only once, provided (i) the pre-notification clearly sets out the direct debit amount and the time schedule of the due dates; and (ii) there are no subsequent changes to this information.
10.3.3 We are not responsible, nor liable for you sending any pre-notification as required under any Local Payment Rules and/or Applicable Law.
10.4 You acknowledge that we may impose limits on the amounts that you may receive Payments for via a Direct Debit Product. We shall, at our sole discretion, determine such limits and may change the limits from time to time by providing written notice to you.
10.5 You acknowledge that the Direct Debit Products are not guaranteed payment methods, and there are risks of failed payments and disputes.
10.6 You shall:
10.6.1 comply with the Product Documentation and the Direct Debit Authorization;
10.6.2 be responsible for sending any pre-notification, notification, confirmation and/or any other relevant notice to your Buyers as required under the Local Payment Rules and/or Applicable Law;
10.6.3 if you collect payments from Buyers into your Global Account via a Direct Debit Product that requires a Direct Debit Authorization, execute such Direct Debit Authorization (if applicable) and shall procure that the Buyer executes such Direct Debit Authorization prior to using the Direct Debit Product for that purpose;
10.6.4 ensure the Supporting Infrastructure and Services comply with the requirements set out in the Product Documentation;
10.6.5 comply with all security measures as required or recommended under the Local Payment Rules; and
10.6.6 upon our request, promptly but in any event within the timeframe as we may reasonably require, provide us with any information relating to any Direct Debit Product Transactions and/or Direct Debit Authorisations.
10.7 In respect of the Direct Debit Product under the SEPA Direct Debit Scheme (if applicable), you shall:
10.7.1 obtain and use a Creditor Identifier when effecting a Direct Debit Product Transaction;
10.7.2 collect, process and store data related to the Direct Debit Authorization in accordance with the Local Payment Rules;
10.7.3 initiate Direct Debit Product Transactions in accordance with the relevant timing requirements set out in the relevant Local Payment Rules;
10.7.4 perform all operational tasks relevant to you under the Local Payment Rules;
10.7.5 effect all “Rejects”, “Returns” and “Refunds” (as each term is defined in the Local Payment Rules) in relation to the Direct Debit Product Transactions in accordance with the relevant Local Payment Rules; and
10.7.6 resolve any disputes concerning your underlying agreement and the related payments directly with the Buyer.
11. The provisions of these Terms, which by their nature and content, are intended, expressly or impliedly, to continue to have effect notwithstanding the completion, rescission, termination or expiration of these Terms, shall survive and continue to bind you and the Local Payment Provider.
12. Except for Airwallex's Affiliates and Payment Method Providers who can enforce the Merchant's obligations under these LPM Terms, a person who is not a party to these LPM Terms is not entitled to rely upon and enforce the representations, warranties and provisions of these LPM Terms.
13. In this section:
“Applicable Taxes” means any and all sales, goods and services, use, excise, premium, import, export, value added, consumption and other taxes, regulatory fees, levies (including environmental levies) or charges and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products or services by the Merchant in connection with the Local Payment Method.
“Creditor Identifier” means a unique reference for each entity collecting payments by the SEPA Direct Debit Scheme.
“Direct Debit Authorization” means any agreement, mandate, or any other arrangement required under the Applicable Laws and/or Local Payment Rules to authorize one party to debit another party’s bank account via a Direct Debit Product.
“Direct Debit Product” means the use of direct debit under a Direct Debit Scheme as a method to receive payment from a Buyer.
“Direct Debit Scheme” means any local direct debit scheme we enable you to use from time to time.
“Intellectual Property Rights” means rights in, without limitation; (1) patents, design rights, copyright (including rights in computer software), database rights, trademarks, service marks, logos, moral rights, trade or business names, domain names, confidential information and knowledge and rights protecting goodwill and reputation, in all cases whether registered or unregistered; (2) all other forms of protection having a similar nature or effect anywhere in the world to the right described in (1); and (3) applications for or registrations of any of the above rights described in (1) or (2).
“Local Payment Rules” means all applicable rules, regulations, operating guidelines, policies, procedures, manuals, announcements, bulletins, requirements issued by the Local Payment Networks or Local Payment Provider from time to time which relate to (amongst other things) payments, transactions, Local Payment Methods and the related processing of data.
“Local Payment Transaction” means any transaction between a Merchant and a Local Payment Users which utilises the Local Payment Method.
“Local Payment User” means any person who from time to time is accepted by the Local Payment Provider as a user of the Local Payment Method who purchases goods or services from the Merchant utilising Local Payment Method as the payment solution.
“Local Payment User Data” means the Local Payment Users' names, account information, Local Payment Transaction information, Personal Data and any other information relating to the Local Payment Users’ and/or their use of the Local Payment Method, which are collected by, generated by, or otherwise coming into yours or the Local Payment Provider’s possession or control.
“Supporting Infrastructure and Services” means; (1) point-of-sale terminals, supporting hardware and other equipment; (2) terminal financing; (3) local supporting functions; and (4) any other hardware or software systems reasonably required for the purpose of use of the Local Payment Method by a Merchant.
B. Specific LPM Terms
The below list is not an exhaustive list of the Local Payment Methods offered by Airwallex, and there are Local Payment Methods for which there are no Specific LPM Terms.