Merchant Responsibilities. 6.1 You:
(a) acknowledge that:
(i) you have made and will continue to make your own assessment of the suitability, adequacy, compatibility and appropriateness of Online EFTPOS for its purposes; and
(ii) you have not relied on any statements or representations on the part of Paymark as to the performance, functionality or suitability of Online EFTPOS for your requirements, verbal or otherwise, except as expressly recorded in this Agreement;
(b) will display, in a position that is readily visible to Customers, a privacy statement that complies with the requirements of the Privacy Act;
(c) will comply with the Security Standards and with Paymark's restrictions and instructions in relation to the use of Online EFTPOS, including those set out in this Agreement and instructions in respect of any breach of the Security Standards;
(d) will ensure that only authorised persons use Online EFTPOS and that Online EFTPOS is used only for the Online EFTPOS Permitted Use and as expressly authorised under this Agreement;
(e) will accept all responsibility for reliance on and use of Online EFTPOS by you and your employees, contractors, agents and third-party integrators;
(f) will obtain and maintain all equipment, software and services needed to enable you to receive and use Online EFTPOS;
(g) acknowledge that if you operate an online business you will operate a website, and (i) integrate or (ii) either procure or ensure the integration of, the Online EFTPOS API into that website and comply with the latest Online EFTPOS API Specification;
(h) will deliver, perform or otherwise provide to the Customer the products, goods and/or services purchased by a Customer using Online EFTPOS;
(i) will immediately notify Paymark upon becoming aware of any breach by you or any third party of the Security Standards;
(j) you are responsible for all changes and costs associated with accessing Online EFTPOS, including (i) integrating or (ii) either procuring or ensuring the integration with the Online EFTPOS API;
(k) are responsible for any Customer information retained on your system and any legal or financial consequences of unauthorised use or disclosure of this information;
(l) will take all reasonable care to prevent wrongful use of a Customer Account for an Authorised Payment originating at the Merchant;
(m) accept as your sole responsibility the obligation to determine the final status of each Online EFTPOS Transaction and to reconcile that status with amounts settled to the Merchant A...
Merchant Responsibilities. Merchant, in good faith and at its own expense, shall: (a) at all times accurately market, advertise, promote and represent the terms and conditions of the Program and all components therein, or such other financial products or programs made available to Merchant and Customers by PayTomorrow during the Term of this Agreement; (b) conduct business in a manner that reflects favorably at all times on the good name, goodwill, and reputation of PayTomorrow; (c) observe all reasonable directions and instructions given to it by PayTomorrow in relation to the marketing, advertisement, and promotion of the Program; (d) promptly notify PayTomorrow of any complaint or adverse claim about any Product or its use of which Merchant becomes aware; (e) not make any misleading or untrue statements concerning PayTomorrow or the Program and all components therein, or such other financial products or programs made available to Merchant and Customers by PayTomorrow during the Term of this Agreement; and (f) at all times comply with all federal, state and local laws, ordinances, regulations and orders that are applicable to the operation of its business, and this Agreement and its performance hereunder. To the extent the Products sold by Merchant have been refurbished prior to such sale, Merchant shall, prior to PayTomorrow’s purchasing of such refurbished Products and Customers lease of Products purchased by PayTomorrow, make PayTomorrow and the Customer aware that such Products have been refurbished. Merchant further agrees to warrant all USED OR REFURBISHED Products to be free from defects in materials and workmanship for eithertheperiod of one (1) year from the date of purchase by PayTomorrow, or the date on which PayTomorrow no longer holds title to the Product, whichever occurs first (“Used or Refurbished Warranty Period”). Parts repaired or replaced under the terms of this warranty will be warranted for the remainder of the original Used or Refurbished Warranty Period only. To claim under this warranty, Customer must notify Merchant within thirty (30) days after the date of discovery of any claimed defect and make the affected Product available for inspection by Merchant. In the event any Products are deemed by Merchant to be defective or non-conforming Merchant agrees to either repair or replace the Product, or to provide a refund of the purchase price paid by PayTomorrow. In the event Merchant provides a refund (in whole or in part) of the Purchase Price, the refund amo...
Merchant Responsibilities. Merchant shall be responsible for: (i) selecting the quantity, form and content of GCs; (ii) the handling, storage and distribution of GCs in a secure manner; (iii) all fraudulent or unauthorized transactions relating to GCs, including unauthorized activation or duplication of GCs, reloading of GCs with additional value, and employee misconduct; (iv) all fraud losses and expenses relating to GCs; (v) deactivating or removing all value from compromised GC; (vi) notifying PPD of any known or suspected risk exposures relating to GCs; (vii) the proper functioning of card terminals, systems or any software or hardware required for use of GCs; and (viii) determining the contractual arrangement between Merchant and GC end-user/customer.
Merchant Responsibilities. (a) Merchant is solely liable for any losses to Merchant, IOTPAY or any Platform Administrator which results from fraud or other misuse of an Accepted Payment Platform by Merchant’s Personnel.
(b) Merchant will be solely responsible for all issues relating to the goods and services sold to Consumers using an Accepted Payment Service and addressing any customer service issues with respect to goods and services sold by Merchant.
(c) Merchant will provide any assistance requested by IOTPAY in connection with any systems integration work required in respect of Merchant’s acceptance of Online Transactions and Offline Transactions.
Merchant Responsibilities. 9.1 To enable and support Armagh POS Solutions in performance of the Services the Merchant shall, without limitation:
(a) Perform those tasks assigned to the Merchant in accordance with the provisions of the Schedule and this Agreement, including but not limited to:
i. The supply of:
1. A stable internet connection with sufficient bandwidth to accommodate the Services;
2. Adequate electrical service to the point of installation of all Technology;
3. Data cables to the point of installation of all Technology, and/or stable and secure wireless internet for all Technology;
4. All Technology not otherwise purchased or leased from Armagh POS Solutions;
ii. Comply with the terms of all software and service licenses entered into by the Merchant in support of the Technology and/or Services;
iii. Where the Services include the processing of gift cards, the Merchant shall maintain accurate record of all gift cards issued, including any balances thereon. Under no circumstances shall Armagh POS Solutions be responsible for any claim or damage arising from the use, misuse, abuse, or processing of gift cards.
(b) Comply with all statutory, regulatory, and industry-imposed obligations of electronic payment processors, including but not limited to:
i. the requirements of the relevant Payment Card Industry Data Security Standard (“PCI DSS”) Client Level based on the Client’s transaction volume, and any additional obligations and/or recommendations under the PCI DSS; and
ii. all applicable privacy laws.
(c) Grant Armagh POS Solutions access to the Technology necessary for the Service Provider to perform the Services;
(d) Perform all other tasks required or recommended by Armagh POS Solutions to prevent or mitigate any loss or damage to Merchant Data or other information arising out of performance of the Services by Armagh POS Solutions and/or the operation of the Merchant’s systems, including but not limited to:
i. Using virtual private networks (“VPNs”) where the Technology and/or Services will be provided to multiple locations;
ii. Replacing all default and manufacturer-supplied passwords with unique and secure passwords, and changing all passwords not less than twice per calendar year;
iii. The use and ongoing maintenance of anti-virus software, anti-malware software, and firewalls (hardware and/or software-based);
iv. The installation of all recommended, critical and/or required software patches, operating system updates, etc. within 30 days of their availability;
v. Ma...
Merchant Responsibilities. Merchant assumes all responsibility for funding all amounts associated with the Gift Cards, including the aggregate amount of the then current open to buy limits of all Gift Cards at the end of each business day. Merchant agrees that it is solely responsible for its and all Gift Card cardholders’ participation in, and for any liability arising from, the Gift Card Services. Merchant is responsible for the accuracy and security of all Gift Cards and Gift Card transactions. Merchant (and not Vendor) shall be liable for any and all losses arising out of or related to fraudulent Gift Cards or Gift Card transactions.
Merchant Responsibilities. 4.1. The Merchant shall open and maintain a Merchant Account by selecting account type as a "Seller" (“Merchant” or “Business”) on the Oro Pay Website. As part of the registration process, the Merchant will have to accept the Terms & Conditions of Services and all Legal Agreements posted online on the Oro Pay website, which apply to every Oro Pay account and those applying only to Merchants.
Merchant Responsibilities. Merchant is responsible for all uses of the Merchant App and API resulting from access provided by it, directly or indirectly. Without limiting the generality of the foregoing, Merchant is responsible for all acts and omissions of its Personnel in connection with their use of the Merchant App and the API. Merchant will use commercially reasonable efforts to safeguard the Merchant App and the API from infringement, misappropriation, theft, misuse and unauthorized access.
Merchant Responsibilities. 3.5.1 If Merchant discovers any suspected Error in Software, Merchant shall analyze the suspected Error to determine if it is the result of Merchant's misuse or misunderstanding of the Software before seeking FEC's assistance. Merchant may contact persons on the Calling List to make the first report of a suspected Error.
3.5.2 If Merchant alters or modifies the Software without FEC's written approval:
3.5.2.1 Any additional Services costs or expenses occasioned to FEC by such alteration shall be reimbursed by Merchant; or, at Merchant's option,
3.5.2.2 FEC shall be released from Services obligations for the modified portion of the Software.
Merchant Responsibilities. In-store promotion of your participation
a. You will ensure that from the Launch Date each Participating Outlet displays its participation in Fly Buys Lite (promoted to customers as “AutoEarn Fly Buys”) using material supplied by Loyalty NZ to you for that purpose, including: • one or more decals on external facing surfaces adjacent to each entry point; • an AutoEarn Fly Buys brochure stand on each sales or service counter; and • a mat promoting AutoEarn Fly Buys under or adjacent to each card payment terminal.
b. You will ensure that each of your individuals who has access to the Fly Buys Lite Self-Service Portal: • keeps their username and password safe at all times and does not share either with anyone else; • is set up by your administrator (being the primary contact person nominated by you and notified to Loyalty NZ) with appropriate authorities to view and/or run reporting and promotions; and • does not copy or alter the Fly Buys Lite Self-Service Portal software in any way.
c. You will ensure that any communication sent by you or any Participating Outlet personnel using the Fly Buys Lite Self- Service Portal does not: • contain any Inappropriate Content; nor • without Loyalty NZ’s prior consent, promote any business that is not a Participating Outlet.
d. You will ensure that each Participating Outlet: • honours all offers you make to customers using the Fly Buys Lite Self-Service Portal, in accordance with all applicable law; and • contact Loyalty NZ immediately if you perceive any difficulty in honouring any offer made using the Fly Buys Lite Self-Service Portal.
e. You will not, and you will ensure that no Participating Outlet does, make any Points offer to any customer without Loyalty NZ’s prior consent.
f. You will contact Loyalty NZ at least 5 working days prior to the opening or closure of any Participating Outlet, to enable system and Paymark updates to be effected. You acknowledge that a failure to do so may have a negative impact on customers and/ or negatively impact the reporting and analytics available to you.
g. You will notify Loyalty NZ immediately if any payment card terminal in any of your Participating Outlets is retired, introduced or relocated, to ensure equipment changes are mapped to the outlet correctly. You acknowledge that a failure to do so may have a negative impact on customers and/or negatively impact the reporting and analytics available to you.
h. You will ensure that at all times during the term of this Agreement Paym...
