PayMe for Business Terms and Conditions – Merchant
These Terms and Conditions set forth the rights and obligations of the Bank and you (merchant) as they relate to your use of PayMe for Business.
The terms used in these Terms and Conditions are defined in and the rules for interpreting the provisions of these Terms and Conditions are set out in Clause 12 (Interpretation and Definitions).
1.2 Service Description
PayMe for Business is an e-wallet that allows you to store value and accept payments from and send refunds to your customers who have PayMe accounts. You may only use your PayMe for Business account to facilitate payment of merchant transactions (i.e. in relation to the sale and purchase of goods and services) with your customers and you cannot use your PayMe for Business account to send or receive money for other purposes (e.g. to conduct any personal transactions).
1.3 Service Pre-requisites
- To use PayMe for Business, you must have a Hong Kong dollar business bank account with the Bank.
- You must also designate an authorised representative to agree to these Terms and Conditions and to use PayMe for Business on your behalf. Your authorised representative must have authority to enter into agreements and give instructions to us on your behalf.
- You shall not use PayMe for Business for any illegal purposes or activities. This includes obeying any law or regulation which applies to you, whether in or outside Hong Kong in respect of your use of PayMe for Business. In the event of any violation, we reserve the right to suspend or close your PayMe for Business account and report your activity to the relevant authorities.
- You shall pay the Bank fees for the Bank's providing the PayMe for Business service, maintaining the PayMe for Business account and/or supplying our Application Programming Interface (API) from time to time.
- A list of our standard fees (if any) is available on our PayMe public website and we have the right to vary our fees from time to time. You will pay us the standard fees unless we agree different fees with you. We will give you prior notice of new fees or any variation of fees. You are required to pay such fees if we do not receive notice from you to terminate use of PayMe for Business before the date on which the new fees or revised fees take effect.
- Any fees that we may charge will be deducted directly from the settlement funds from your customers or as otherwise specified on our public website or notified to you from time to time.
- We may change the services offered through PayMe for Business or these Terms and Conditions from time to time by giving you a prior notice in a manner we consider appropriate. You will be bound by any such change if we do not receive notice from you to terminate your use of PayMe for Business with effect before the date on which that change takes effect.
- If any information that you have given us (including information relating to your authorised representative) changes, you should notify us immediately.
PayMe for Business Account
2.1 Receiving Payments from Your Customers
- You can receive payments from your customers who have a PayMe account. Your PayMe for Business account is not an interest bearing account and therefore you will not receive any interest for the funds stored in your account.
- Your customers can select PayMe as a payment method and pay by transferring funds from their PayMe individual accounts to your PayMe for Business account instantly.
- If you receive any payment into your PayMe for Business account which you are not entitled to receive in the first place (e.g. an unauthorised or mistake payment), you are liable to return such payment to the relevant person who made such payment into your PayMe for Business account.
- If you collect or receive any unauthorised or mistake payment, you must as soon as reasonably practicable notify us and return the money in such manner as we require.
- Any fees that you have paid to us with respect to an unauthorised or mistake payment referred to in sub-clauses (c) and (d) above will be refunded to you in accordance with the provisions set out in sub-clause 2.2 (Sending Refunds to Your Customers) of these Terms and Conditions.
- You authorise us to recover from you by debiting your PayMe for Business account:
- any amounts that you are liable to return as provided in sub-clauses (c) or (d) above if you have not already returned such amounts in accordance with sub-clauses (c) or (d) above; and
- any other amounts payable by you as provided in these Terms and Conditions.
If there is no or insufficient balance in your PayMe for Business account to cover such refund, you agree to reimburse us through other means. If we are unable to recover the funds from your PayMe for Business account, we are entitled to take appropriate actions to recover such amounts from you, such as by debiting such amounts from any of your bank account(s) with us.
2.2 Sending Refunds to Your Customers
- You can refund an amount to your customer using your PayMe for Business account within the time specified and in the manner set out in our PayMe public website or the "Need Help?" section of the PayMe for Business app. Your instruction to refund cannot be reversed or cancelled.
- A refund operates as a funds transfer from your PayMe for Business account to your customer's PayMe account and such transfer would be settled instantly.
- We will process the refund if your PayMe for Business account has sufficient balance to settle the refund amount and if the refund would not cause you to exceed any payment limit of your PayMe for Business account. However, if your customer no longer maintains a valid PayMe account and/or your customer has reached the relevant limits imposed on his/her PayMe account, the refund cannot be processed. Although we may allow you to make multiple partial refunds, the aggregate total amount of the refunds in relation to a transaction cannot exceed the amount of the original transaction.
- If a refund is successfully processed, any fees (or applicable portion of the fees) already paid by you to us with respect to the transaction being refunded will be returned to you and posted to your PayMe for Business account immediately. While you can use the refunded fees once posted, the actual settlement of the refunded fees into your PayMe for Business account will take place by no later than the end of the next business day.
2.3 Funding out from Your PayMe for Business Account
You can transfer money in your PayMe for Business account to your registered bank account but there may be a transfer limit, the amount of which we will notify you in advance. Your transfer instructions to your bank account cannot be reversed or cancelled.
2.4 Terminal Management
You can set up terminals under your PayMe for Business account in order to, among other things and subject to any limitations you may impose on such terminals, view, collect and/or refund payments from multiple devices. You are responsible for ensuring that the person(s) accessing and operating such terminals are duly authorised by you to do so and we will not verify the authority of or instructions given by such person(s) in relation to the terminals nor will we be responsible or liable for any dispute or loss (whether direct or indirect) arising in connection with any fraudulent or unauthorised use or access of such terminals.
2.5 Instructions, Transaction History and Reporting
- You must check and ensure all information relating to a payment sent or received by you are correct before sending or collecting a payment. We are not liable for any payment by mistake as long as we have effected a payment based on the instructions you have provided, including sending or receiving an incorrect amount of money, or sending money to an incorrect recipient, or receiving money from an incorrect sender.
- Once your payment instruction is processed, you cannot reverse or revoke it.
- We may act on an instruction if we reasonably believe that it is given or authorised by you without being liable in any circumstances. You will be bound by that instruction as understood and executed by us in good faith even if (i) it is incorrect, false or unclear, or (ii) it was not given or authorised by you. We have no obligation to verify the identity of the person giving an instruction apart from verifying the credentials, PIN or password quoted.
- We have the right to delay acting or refuse to act on an instruction if we are aware of or suspect a breach of security or other suspicious circumstances relating to your PayMe for Business account or bank accounts. We are not liable for any delay or refusal to act in these circumstances. We will inform you of any delay or refusal if it is reasonably practicable to do so
- We may send a notification or message to you to notify you after an instruction, transfer or transaction has been effected through PayMe for Business. You are responsible to check such notification or message. You are considered as having received such notification or message immediately after we transmit it. You should enquire with us if you have not received a notification or message within the usual timeframe.
- You can view your latest transactions history up to a certain period as specified by us from time to time through your PayMe for Business profile. You must verify your transaction history on a timely basis and carefully. You should notify us as soon as reasonably practicable of any irregularity or any unauthorised transaction via designated contact forms, email address or telephone number(s) as we may specify from time to time.
- Information relating to any transfer or transaction made available by us is for your reference only. Our records of such transfer or transaction are final, conclusive and binding on you save for manifest error.
- Applicable Terms
3.1 When you use PayMe for Business, these Terms and Conditions together with the Bank's terms and conditions relating to your business bank account, the Notice Relating to the Personal Data (Privacy) Ordinance and the PayMe for Business Personal Information Collection Statement would apply.
3.2 If there is any discrepancy amongst the above terms and conditions, these Terms and Conditions will prevail unless otherwise specified.
3.3 Where your customer makes a purchase from you using PayMe, if your customer wishes to do so, he or she may (where applicable) share such information regarding the purchase on his/her timeline.
- Use of Our Application Programming Interface (API)
(Applicable if you integrate to the Bank's API for PayMe)
4.1 The use of our API or any portal containing our API is subject to these Terms and Conditions, the terms and conditions set out in such portal and other terms as may be agreed between you and us from time to time. You represent and warrant that each person accessing and/or using our API or any portal containing our API on your behalf is duly authorised by you to do so.
4.2 Your use of our API may be subject to testing and approval by us from time to time. By using our API, you do not acquire ownership of any rights in our API. You may use our API solely in relation to the services and should not use our API for any purpose, function, or feature not contemplated in these Terms and Conditions. In particular, you shall not (a) allow our API to be used by a third party, (b) interfere with or disrupt our API or the services or networks providing our API, or (c) disclose our API or any related security key to any third party, in each case unless in accordance with these Terms and Conditions or with our consent. If you would like to use our API beyond these limits, you must obtain our express consent.
4.3 You may request for API integration of PayMe for Business with your integration partner (such as your website or application platform provider and/or system integrator) if such integration partner is a PayMe for Business integrator (as specified on our public website or otherwise notified or confirmed to you by us from time to time). If you require such API integration, we may (or you may be required to) share your security keys with your integration partner to enable the integration. You acknowledge and agree to such sharing of your security keys and that we are not responsible or liable for any direct or indirect loss arising in connection with such sharing of your security keys (including without limitation any loss arising from misuse or disclosure to third parties of your security keys by the integration partner). You further agree that you will use commercially reasonable efforts to enable your customers to use our services through our API in an efficient and cost effective manner, including implementation of PayMe on your website, application or other platform, the development of our API, technical integration, and data exchanges as necessary.
4.5 We cannot guarantee that our API (or any portal containing our API) will function without interruption or errors in functioning. In particular, the operation of our API (or any portal containing our API) may be interrupted due to maintenance, updates, or system or network failures. We are not responsible for all liability for damages caused by any such interruption or errors in functioning of our API or portal. We are also not responsible for any interruptions which are beyond our control such as disturbances related to internet service providers, saturation of the internet network, and any other analogous reason.
- Use of Your information
5.1 You can find out how we will collect, use and store your personal data in the Notice Relating to Personal Data (Privacy) Ordinance and the PayMe for Business Personal Information Collection Statement.
5.2 To provide, maintain and improve our PayMe for Business product and service offering in addition to location services, subject to the Bank's terms and conditions relating to your business bank account, we may also use data (other than personal data) that we collect from your use of PayMe for Business services (e.g. details of the transfers, transactions and dealings using PayMe for Business) to:
- manage, administer or effect any transactions on PayMe for Business;
- maintain our overall relationship with you;
- generate statistics, reporting and trend analysis to customize your PayMe for Business user experience as you use and interact with PayMe for Business and to provide market insights to users of PayMe for Business; and/or
- make improvements/further developments to the PayMe for Business app.
You will need to pay your tax, including filing your tax returns, in any country where you owe tax obligations.
Disputes Between You and Your Customers or Integration Partners
7.1 You are responsible for your relationship with your customers or integration partners. PayMe for Business is not responsible for the products or services you sell nor for your website, mobile application or other platform on which you market or sell your goods and services to your customers. You confirm that you are solely responsible for the nature and quality of the products or services you provide, and for the delivery, support, refunds, returns, and for any other ancillary services you offer to your customers.
7.2 PayMe for Business cannot assist you to resolve any dispute with your customers or integration partners. As a provider of payment processing service, PayMe for Business only helps you receive payments and send refunds to your customers who use PayMe. Accordingly, in the event that there is any error or mistake on your part or the part of your integration partner (including where incorrect amounts are charged or incorrect refund information is provided or where there is any interruption, interception, suspension or delay in the system or service provided by your integration partner), you are responsible for taking any necessary corrective action.
8.1 Our Obligations
- We agree:
- to ensure that our systems relating to PayMe for Business are installed with adequate security designs and to manage the risk in operating our systems; and
- that only if we have been grossly negligent or wilfully defaulted when we provide PayMe for Business service to you (in this case "we" includes a member of our corporate group, one of our agents or our employees), we will reimburse you the lower of (A) any loss or damage you suffered which was direct, reasonably foreseeable and caused by that gross negligence or wilful default; or (B) the amount of the relevant transfer, transaction or dealing.
- We make no representations or warranties:
- as to the accuracy, quality, completeness, timeliness, adequacy, reliability or validity of any information or material provided on or through PayMe for Business or our public website. These include any information posted, transmitted or provided by any user of PayMe for Business or any third party;
- that PayMe for Business will meet your requirements, or are free of defect, error or omission; or
- that your use of PayMe for Business will be uninterrupted, timely, secure or error-free.
- We are not responsible for:
- any interruption, interception, suspension, delay, loss, unavailability or other failure in providing our services to you, or in transmitting instructions or information relating to our services, which is caused by any circumstance beyond our reasonable control;
- any loss of revenue, anticipated savings, goodwill, opportunity, business, reputation, data (or damage to or corruption of such data), profit or interest, indirect or consequential loss arising from or in connection with our providing the services, or failure or delay in providing our services; or
- any incorrect, wrong, fraudulent or unauthorised use of, or payments made under, PayMe or PayMe for Business.
- We agree:
8.2 Your Obligations
- You agree to:
- use PayMe for Business only for purposes permitted by these Terms and Conditions and by applicable laws and regulations;
- take sufficient measures and controls to ensure that access to and use of your PayMe for Business account and terminals are restricted to person(s) authorised by you to do so only; and
- display the relevant PayMe logo provided to you by us and identify PayMe prominently as a payment method accepted by you at physical retail outlets, within your applications and/or on your website and such information shall be displayed whenever payment options are being featured. Upon closure of your PayMe for Business account, all of your rights to display or otherwise use the relevant PayMe logo will cease immediately and you must remove the logo from your physical retail outlets, your applications and/or your website.
- You agree not to (nor will you attempt to):
- decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add or delete or in any way tamper with any portal containing our API, our API or any part of it, including its code or any of our websites, software or PayMe/PayMe for Business content or take any action which would allow someone else to do any of the above, including letting someone else access our portal, API, websites, software or PayMe/PayMe for Business content;
- engage in any activity that interferes with or disrupts any portal containing our API, our API, our websites, our software, the PayMe/PayMe for Business content or the servers or networks through which they are provided;
- modify, copy, reproduce, download, re-publish, sell, re-sell, rent, lease, loan, distribute or create derivative works based on any portal containing our API, our API, our websites, our software, or any PayMe/PayMe for Business content
- install, import or transmit any disabling codes, or malicious instructions, codes, techniques or devices capable of disrupting, disabling, damaging or shutting down any portal containing our API, our API, PayMe/PayMe for Business, our websites, our software, the PayMe/PayMe for Business content or any of our services or systems;
- impose any fees or surcharges on your customers in connection with payment transactions made via PayMe;
- use PayMe for Business in any what that is illegal or in breach of any applicable regulations or in any way that contravenes or infringes upon our rights or the rights of any third party (including any intellectual property rights, especially when uploading any logo or picture to your PayMe for Business account);
- use any information about PayMe users obtained through your PayMe for Business account for purposes unrelated to the services provided under these Terms and Conditions.
- disclose any information about PayMe users obtained through your use of PayMe for Business to any third parties unless with the consent of the relevant PayMe user and/or acting in compliance with applicable laws and regulations; or
- engage in any behavior which is fraudulent, harassing, disruptive, offensive, threatening, indecent or defamatory.
- You are solely responsible for the following:
- verifying any information before sending, relying or acting on it; and
- obtaining independent professional advice on issues like legal, tax and other issues which affect you in connection with your use of PayMe for Business, any transfers, transactions or dealings conducted by you, or these Terms and Conditions;
- your use of PayMe for Business and any transaction effected by us pursuant to or as a result of any instruction initiated by you or any person with the correct PIN, password or credential (whether or not authorised by you); and
- your breach of any of these Terms and Conditions including any warranty or representation.
- You should provide us with such information as we may reasonably request from time to time for the purposes of providing PayMe for Business-related services to you.
- You agree to:
- Stored Value Facility
9.1 PayMe for Business is regulated under the Hong Kong "stored value facility" regime. Among other things, this means that the money in, or posted to, your PayMe for Business account will (1) stay there until it is transferred to your HSBC business bank account or refunded to your customer(s) through PayMe and (2) be used exclusively for providing PayMe for Business to you and for no other purpose. You will always retain beneficial ownership in the money in, or posted to, your PayMe for Business account. This means that the money belongs to you even if it is held in our name.
9.2 Your money in your PayMe for Business account is not protected by the deposit protection scheme.
- Circumstances Beyond Our Control
PayMe for Business might be interrupted, suspended or might fail from time to time for reasons beyond our reasonable control. Laws and regulations may prevent us from providing PayMe for Business services. Our ability to provide the services may also be affected by activities performed by us (or any HSBC group members) to comply with obligations (under laws, international guidance, mandatory policies or procedures, or under the direction of government authorities) relating to or in connection with the detection, investigation and prevention of financial crime (including money laundering, terrorist financing, bribery, corruption, tax evasion, fraud, evasion of economic or trade sanctions, and/or violations, or attempts to circumvent or violate any laws or regulations relating to these matters). We might ask you about the source of funds or other questions to help us protect against financial crime. This might involve us sharing information with other members of our group or to third parties which help us investigate further. In these circumstances, we cannot be liable to you or any other person for your losses.
11.1 Suspension and Termination
- We may suspend or close your PayMe for Business account (including without limitation where you do not use it for an extended period) without giving you notice or reason.
- You can close your PayMe for Business account through such channels and in such manner as we may notify you from time to time.
- To effect a closure of your PayMe for Business account, you must take such steps as we may instruct, including:
- the transfer of any remaining balance out of your PayMe for Business account.
- removal of PayMe for Business from your mobile device; and/or
- removal of PayMe (and any other references or marketing materials referring to PayMe and/or PayMe for Business) as a payment method from your store front, mobile application, website or other payment platform.
- In determining the remaining balance in your PayMe for Business account, the records held by us shall be treated as conclusive evidence of the amount of the remaining balance except for manifest error
- You are responsible for your obligations and all transfers and transactions conducted and fees incurred before your PayMe for Business account was suspended or closed. If your account is suspended or closed, the parts of these Terms and Conditions that are by their nature continuing, including our disclaimers or limitations of liabilities, will continue despite that suspension or closure.
11.2 Partial Invalidity
If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under any applicable laws or regulations, such illegality, invalidity or unenforceability does not affect any other provision which remains in full force, validity and effect.
11.3 WaiverNo failure or delay by us in exercising any right, power or remedy will operate as a waiver of that right, power or remedy. Nor will any single or partial exercise preclude any other or further exercise of a right, power or remedy. Any right, power or remedy under these Terms and Conditions is intended to be cumulative and in addition to any other right, power or remedy we have in law.
11.4 Appointment of agent, service provider or sub-contractor
We may appoint any agents, service providers or sub-contractors (who may not be a member of HSBC group) to perform any PayMe for Business-related services for or on behalf of us.
For that purpose, (a) we may delegate any of our powers or obligations to such agents, service providers or sub-contractors, and (b) you authorise us to disclose or transfer any information relating to you or PayMe for Business to such agents, service providers or sub-contractors for or in relation to the provision and operation of PayMe for Business. We will remain liable to you but only for the gross negligence or wilful default of any agents, service providers or sub-contractors appointed by us under this Clause as if we performed the relevant services ourselves.
11.5 Transferring These Terms and ConditionsWe might transfer our rights or obligations under these Terms and Conditions to a third party. If we do, we will tell you in advance. You cannot transfer your rights or obligations to a third party without our prior written agreement.
11.6 Governing Law, Jurisdiction and Versions
- These Terms and Conditions are governed by and will be construed according to Hong Kong laws. If there is any dispute relating to these Terms and Conditions, you agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
- The English version of these Terms and Conditions prevails to the extent of any inconsistency between the English and the Chinese versions. Any Chinese version of these Terms and Conditions is for reference only.
11.7 Third Party RightsNo person other than you and us will have any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the benefit of any of the provisions of these Terms and Conditions.
- Interpretation and Definition
- Unless the context requires otherwise, in these Terms and Conditions:
- any reference to a Clause or sub-clause is a reference to a Clause or sub-clause of these Terms and Conditions;
- any reference to these Terms and Conditions, an agreement or document is a reference to the same as amended, varied or supplemented from time to time; and
- any reference to a law or regulation is a reference to the same as amended, re-enacted or in effect from time to time; and
- a singular expression includes the plural and vice versa.
- Headings in these Terms and Conditions are for ease of reference only and do not affect the interpretation of these Terms and Conditions.
- Unless the context requires otherwise, in these Terms and Conditions:
Unless we specify or the context requires otherwise, the following terms in these Terms and Conditions have the meanings set out below:
"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China.
"HSBC Group" means HSBC Bank plc, its affiliates, subsidiaries, associated entities and any of their branches and offices (together or individually), and member of the HSBC Group has the same meaning.
we, us, our, the "Bank" or "HSBC" means The Hongkong and Shanghai Banking Corporation Limited and its successors and assigns.
you or your means the person to whom we provide the services hereunder and, where the context permits, includes each of your representatives and lawful successors.
SVF License Number: SVFB002