General Disclaimer AUS Merchant Services, Inc.
GENERAL DISCLAIMER
AUS MERCHANT SERVICES, INC.
Last updated: 20 Dec 2023
1. INTRODUCTION
This General Disclaimer (“Disclaimer”) is binding on any natural person or legal entity (“You”) who are redirected to a checkout webpage, application and/or software to include Your payment information and where this Disclaimer is shown.
This Disclaimer, together with the Data Handling Notice in Clause 9 below, governs AUS's integrated check-out solution, optimized for providing the merchant that You are purchasing goods or services with the best experience in online payments within our partner platforms (“Merchant” and “AUS’s Merchant Services”, respectively).
AUS’s Merchant Services are offered exclusively by AUS Merchant Services, Inc. (“AUS” or “us” or “our” or “we”) to Merchants of the United States and may be supported and provided by our affiliates.
2. ELIGIBILITY
All information provided by You must be complete and accurate and shall be kept up-to-date, to the extent required by the Merchant and applicable laws and regulations.
You must meet with all minimum requirements provided by the Merchant, including: (i) be 18 (eighteen) years of age or older; (ii) have full legal capacity, in Your country, to contract and perform financial transactions; and (iii) not be or have been the subject of sanctions.
To protect the Merchant, You and others, and in order to comply with local laws and regulations related to online payments, AUS reserves the right to carry out, at its own discretion, preventive identification and monitoring procedures, solely or together with its partners and/or affiliates.
Notwithstanding the provision of the paragraph above, You hereby acknowledge that identification and transaction monitoring procedures may be carried out with relation to the payment transactions and the information provided in the checkout webpage, application and/or software.
You hereby agree and acknowledge that AUS is a regulated entity under the Laws of the Grand Duchy of Luxembourg and may require additional information with respect to the transactions carried under AUS’s Merchant Services in order to comply with all applicable regulations, including, but not limited to, anti-money laundering and terrorism financing regulations.
3. THIRD PARTY SERVICES
While using AUS’s Merchant Services, You have access to products and services provided by businesses or persons that are unrelated to AUS (“Third-Parties”). Please note that Third-Parties may have their own terms and conditions applicable independently to You.
AUS’s obligation is limited to carrying the transfer of funds from You to the Merchant and does not create any responsibility for, nor make any statement in relation to, or endorsement of the quality, safety or legality of any goods or services which You have purchased from Third-Parties, including the Merchants. You acknowledge that You will not be considered AUS’s customer and AUS owes no contractual obligation of any kind to You.
To the maximum extent law allows, AUS will not be responsible or liable for any loss You may suffer in connection with Your purchase and/or with Third-Party or Merchant products or services.
You may contact the relevant Third-Party or Merchant in case (i) You are not satisfied with Your purchase; (ii) You wish to return, refund, exchange Your purchase; or (iii) if You have any questions or issues regarding Your purchase.
4. ONLINE PAYMENTS
This Disclaimer is governing Your payments with credit, debit cards or prepaid cards, to the extent these are accepted by the Merchant and in accordance with the applicable card network rules and regulations (“Payment Method”).
AUS does not interfere in Your relationship with Your Payment Method, e.g., Your bank or Your debit, prepaid or credit card company. You may contact the relevant Payment Method directly in case You wish to request for chargeback, refunds and/or make disputes to Your purchase.
If You have a dispute with any other party, Merchant, Third-Party and/or Payment Method, You release AUS, our affiliates and our employees, directors, officers, agents and representatives (collectively, the "AUS Indemnified Persons") from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
When an online transaction is ultimately refunded, the amounts will be refunded to the original Payment Method You used for the transaction. If the original Payment Method is no longer available for refund (e.g. if the allowable period for refund has expired or You have terminated Your account with the Payment Method provider), we have no further obligation to refund the amounts to You.
5. REPRESENTATIONS & WARRANTIES
AUS’s Merchant Services are provided exclusively to the Merchant (and are by no means considered a service to You) on an "as is", "as available" and “with all faults” basis. Any and all warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby disclaimed and excluded.
AUS makes no representation or warranty with respect to the accuracy, truthfulness and completeness of the information You have provided under the checkout webpage, application and/or software. You are solely responsible for all consequences resulting from Your own judgment and decision to use or otherwise rely on such information.
AUS makes no warranty regarding AUS's Merchant Services or any products or services supplied by Third-Parties or Merchants under any online transaction, including to AUS’s Merchant Services: (i) meeting Your requirements or expectations; (b) being uninterrupted, timely or error free; or (c) meeting Your requirements with connection to any products, information, materials or services obtained by You.
By reading this Disclaimer, You acknowledge and agree that AUS is not a bank and AUS's Merchant Services should in no way be construed as the provision of banking services to You or the Merchant. AUS is not acting as a trustee, fiduciary or escrow with respect to Your funds and it does not have control of, nor liability for, the products or services that are paid by You to the Merchant.
THIS DISCLAIMER IS NOT INTENDED TO CREATE ANY SERVICE OR CONSUMER RELATIONSHIP BETWEEN YOU AND AUS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SOLE PURPOSE AND SCOPE OF AUS HEREUNDER IS TO FACILITATE THE TRANSFER OF FUNDS BETWEEN YOU AND THE MERCHANTS AS A PAYMENT PROCESSOR FOR THE MERCHANTS, AND AUS HAS NO LIABILITY FOR THE GOODS OR THE PURCHASE CARRIED BETWEEN THE MERCHANT AND YOU.
AUS PROVIDES THE MERCHANT WITH AUS’S MERCHANT SERVICES ON AN ‘AS IS’ BASIS AND HAD DISCLAIMED TO THE MERCHANT ANY WARRANTY, REPRESENTATION, UNDERTAKING OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY, QUALITY, COMPLETENESS, TIMELINESS, RESPONSIVENESS, PRODUCTIVITY, NON-INFRINGEMENT, ABILITY TO LICENSE, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR THAT THOSE SERVICES WILL BE DEFECT OR ERROR FREE OR OPERATE WITHOUT INTERRUPTION.
6. LIMITATIONS OF LIABILITY
To the full extent permitted by applicable law, AUS shall only be liable for the obligations expressly set forth in this Disclaimer. You agree that any disputes arising from the online transactions shall be a matter solely between You and the Third-Party, Merchant and/or the Payment Method, as the case may be.
To the full extent permitted by applicable law, AUS Indemnified Persons shall not be liable for any indirect, consequential, incidental, special or punitive damages, including damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability under this Disclaimer.
AUS Indemnified Persons shall not be held liable for any default, delay or failure in performing its obligations under this Disclaimer resulting directly or indirectly from acts of nature, forces or causes beyond AUS’s reasonable control.
7. TERMINATION
AUS may cancel, without prior or any notice to You, AUS's Merchant Services as agreed with the Merchant, which can result in the suspension or change of Your access to the checkout webpage, application and/or software where this Disclaimer is shown.
Termination does not revoke any third-party payment authorizations. To the maximum extent law allows, AUS will not be responsible for any loss, damage, harm or consequence, including any delay or inconvenience, You may suffer as a result of termination.
8. INTELLECTUAL PROPERTY
AUS’s Merchant Services are protected by intellectual property laws. The use by You of AUS’s Merchant Services does not give You any ownership in them. AUS’s Merchant Services are protected by trademark, copyright, patent and other local laws.
AUS and its service providers, as applicable, reserve all intellectual property rights, title, and interest in and to AUS’s Merchant Services. Your use of AUS’s Merchant Services is subject to this Disclaimer, which does not grant You any rights to AUS’s intellectual property or the intellectual property of AUS’s licensors, licensees, or partners.
9. DATA HANDLING NOTICE
Alipay’s PayFac Data Handling Notice (the “Data Handling Notice”) forms part of and shall be read together with this Disclaimer. By using AUS’s Merchant Services, You acknowledge that You have read, understood and accepted the Data Handling Notice, as amended and updated by AUS from time to time.
Please refer to https://global.alipay.com/docs/ac/Platform/bahzqeb- for the Privacy Policy.
10. DOCUMENT UPDATES
AUS may occasionally review this Disclaimer. The revised Disclaimer will be effective on the date stated in the revised document.
11. GOVERNING LAW
In the event of any dispute or claim arising from or in connection with this Disclaimer or Your use of AUS’s Merchant Services, such dispute or claim shall be resolved through amicable negotiations.
In case such dispute or claim cannot be resolved after using reasonable efforts, You irrevocably consent to the matter being referred to and finally resolved by arbitration administered by the American Arbitration Association (“AAA”) in New York under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules”) in effect as of the date of the Demand for Arbitration, which rules are deemed to be incorporated by reference in this Clause 11.
The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be New York. The language to be used in the arbitral proceedings shall be English. The arbitration award rendered by the International Chamber of Commerce shall be final and binding on all the relevant parties.
This Disclaimer shall be construed and governed by the laws of New York, without regard to the conflict of law principles thereof.