By installing the mPOS Plus Service (the “Service”), you agree to be bound by these “Terms of Use”.  Please review them carefully before installation and/or acceptance.

The mPOS Plus is powered by AsiaPay Limited (“AsiaPay”), a company registered in Hong Kong with registered office  at Unit 1701-02, 17/F, K. Wah Centre, 191 Java Road,  North Point, Hong Kong .

These Terms of Use (“These Terms”) will be effective upon acceptance and will continue in force unless terminated.

1. mPOS Plus Application (Software)

Use of the Service

The “mPOS Plus” (“mPOS+”) Application (the “App”) is capable to process card payments, wherein merchants can capture or void payments in real-time using their Apple iOS or Android OS devices and view the payment history.  Any personal information you supply to AsiaPay when using the App will be handled in accordance with its privacy policy.  As long as you comply with these Terms, you have the right to download and install a copy of the App to your mobile device, and to access and use the Service.

You shall not in any way use the App to process card payments in any respect relating to the following:

  • pornographic or illicit material or activities of any type;
  • escort services;
  • gambling operations, including “virtual casinos”;
  • Merchant engaging in “receipt of payment in advance” operation module;
  • pyramid selling or multi-levels commission earning structure;
  • goods, products, services or distributions prohibited by any applicable law or under the rules, regulations or directives of  any Card Association;
  • goods, products, services or distributions of any class or type, whether or not similar to those specified above, which AsiaPay may in its absolute discretion (but shall not be under any duty to) designate, from time to time, as being subject to this definition and notice thereof being given to any Merchant; or
  • engaging in any money laundering activities or any other illegal activities.

You will not, nor allow third parties on your behalf, to commit the following:

  • copy, modify or distribute the copies of the App for any purpose;
  • attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, exchange or translate the App;
  • transfer, sublicense, lease, lend, rent or otherwise distribute the App or the Service to any third party;
  •  reverse-engineer , or create derivative works of the App or the Service;
  • make the functionality of the App or the Service available to multiple users through any means; or
  • use the App or the Service  in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

The following terms apply whenever the App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) (each an “App Distributor”). You acknowledge and agree that:

  • These Terms are concluded between you and AsiaPay, not with the App Distributor.   AsiaPay shall be solely responsible for the App.
  • The App Distributor and its subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of the Terms, the App Distributor will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary of the Terms. 
  • You must also comply with all applicable third party terms of service when using the App. 

2. mPOS Plus Card Reader (Hardware)

mPOS Plus Card Reader is a device that is provided by AsiaPay or by its accredited Third Party providers to its accredited merchants (the “Card Reader”).

  • The Card Reader provided by AsiaPay shall be under warranty by the device manufacturer at the specific time duration under the manufacturer’s policy.  AsiaPay is not liable for performance issues or incompatibilities caused by the customization of the Card Reader.
  • Using mPOS Plus Service requires you to have a compatible mobile device. AsiaPay will not warrant that the Card Reader will be compatible with your mobile device or third party carrier.  The Card Reader modified contrary to the vendor’s software or hardware guidelines, including but not limited to those with disabled hardware or software controls—sometimes referred to as “jail broken”—are not compatible mobile devices. You acknowledge that using a modified Card Reader in our Services is expressly prohibited, and constitutes a violation of these Terms.  AsiaPay reserves its right to suspend your services and your mPOS Plus Account. 
  • Your Card Reader may only be associated with approved mPOS Plus Account.   Your Card Reader cannot be passed or transferred to any person who does not hold an approved mPOS Plus Account. 
  • If AsiaPay suspects, on reasonable grounds, that you have committed a breach of the Merchant Agreement signed with AsiaPay, a breach of these Terms or acted dishonestly or fraudulently against AsiaPay, AsiaPay reserves the right to suspend  your mPOS Plus Account. Should you wish to disable your mPOS Account, please feel free to contact AsiaPay.
  • AsiaPay and the accredited Third Party provider reserve the right to vary specifications and design or use alternative materials as maybe deemed necessary or desirable at any time and any such change or variation being of a kind as not to reduce the quality, performance or appearance substantially.

Privacy Policy

This privacy policy governs your use of the service mPOS Plus (“mPOS+”) that was created by AsiaPay.  Please refer to our privacy policy.  for information on how we collect, use and disclose information from our users.

Ownership & Trade Marks

The “mPOS Plus” name and logos and all related names, design marks and slogans are the trademarks or service marks of AsiaPay. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Service, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Service (“Feedback”) will be the sole and exclusive property of AsiaPay and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.

Termination

If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.

Questions & Contact Information

Please contact us if you have any questions about our Terms.
Global Contact: http://asiapay.com/contactglobal_e.html


Notification of Changes

Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you, except as otherwise provided in the Merchant Agreement. Our Service may, at some point, include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service. Certain features of our Service may be subject to additional terms or conditions, which will be posted with those features.


Effective Date: September 1, 2013