1.      Meanings of words and expressions

 

In this agreement:

“App” means the Worldline Tap on Mobile software solution to be installed on Eligible Mobile Devices that enables a Merchant to accept Approved Payment Methods.

“Approved Payment Methods” means EMV-based- contactless credit, debit, pre-paid cards, and all digital wallets, smart wristbands, smart watches, active or passive wearables employing EMV-based-contactless technology.

“Tap on Mobile Merchant Facility” is a Merchant Facility offered by Worldline to approved Merchants which permits them to process Transactions using the App and their Eligible Mobile Device.

 

2.       General provisions

 

(a)     These Terms and Conditions govern the use of the App. By accepting them, you are entering into a legally binding agreement with Worldline for the use of the App. 

(b)     You represent and warrant that you have the authority to bind the Merchant to these Terms and Conditions and on behalf of you and the Merchant, agree to these Terms and Conditions.

(c)     You, on behalf of yourself and the Merchant, agree to receive these Terms and Conditions and any amendment to them electronically via, Google Play or the App Store, Eligible Mobile Device, email, SMS or the Merchant Portal (if you are authorised to access it).

(d)     The App enables you to accept Approved Payment Methods to process sales and refund Transactions only.  You are not permitted to process a cash Transaction or provide cash out using the App.

(e)     You must only use the App in accordance with any operating platform’s terms of use.

 

3.       Eligibility and Online Portal

 

(a)     To use the App, you must be Merchant with an Agreement with Worldline for a Tap on Mobile Merchant Facility or be authorised by a Merchant to use the App on their behalf;

(b)     The Merchant will also be required to register and link the App to its Terminal ID using the Online Portal.

 

 

4.       App specification

 

(a)     The App is designed in compliance with PCI DSS.

(b)     Worldline is a verified developer in good standing by each operating platform that offers the App. 

 

5.       Merchant and user obligations

 

By accepting these Terms and Conditions you agree on behalf of yourself and the Merchant that:

(i)       The App will only be used for its intended purpose, being to process legitimate sales or refund Transactions for the Merchant’s business in accordance with the Merchant’s Agreement with Worldline;

(ii)      The App will not be used in any manner that may interfere with, disrupt or damage any devices, services, networks or other third party property, including, but not limited to those of Worldline, or any operating system;

(iii)    Worldline may, in its reasonable discretion, restrict your access to the App in case of any legal proceedings, investigation or pending disputes related to Transactions processed by you or the Merchant via the App or otherwise through the Merchant’s Tap on Mobile Merchant Facility;

(iv)    You will cease using the App and delete it from your Eligible Mobile Device when you cease your employment or other similar relationship with the Merchant or the Merchant revokes your authorisation to use the App in connection with its Tap on Mobile Merchant Facility;

(v)     You will set a PIN to access the App and ensure that the PIN and any other login credentials are kept secure at all times;

(vi)    You must change your PIN used to access the App regularly for security purposes;

(vii)  You will not leave your Eligible Mobile Device unattended and/or left logged into the App;

(viii) You will lock your Eligible Mobile Device or take other steps necessary to stop unauthorised use of the App;

(ix)    You will notify Worldline immediately, and immediately cease to use the App if you become aware or suspect that your PIN or any other login credentials are compromised, disclosed, used without your authority, or is lost or stolen;

(x)     You will notify Worldline immediately, and immediately cease to use the App, if the App appears to be faulty, damaged, misused, or compromised;

(xi)    You will not act fraudulently or maliciously in relation to the App or software including by modifying, adversely effecting, reverse engineering, hacking into or inserting malicious code into the App or software;

(xii)  You will only install applications from Google Play or App Store on your Eligible Mobile Device, and you will not override the software lockdown on your Eligible Mobile Device (for example ‘obtaining root access’ on an Android device and ‘jailbreaking’ on an Apple device); 

(xiii) You are solely responsible in managing your Eligible Mobile Device’s anti-virus and security requirements;

(xiv) The App will not be used to access or monitor any content, material or information on any system manually or by automated means such as robots, spiders, scrapers, etc;

(xv)  You will not permit any other person to store their Biometric Identifier on your Eligible Mobile Device;

(xvi) You will notify Worldline immediately, and immediately cease to use the App, in case of a breach or potential breach of any of your obligations in this section 5; and

(xvii)       Worldline may acting reasonably, may direct you to cease using the App where there is a reasonable suspicion that use of the App may result in fraudulent activity or otherwise be a breach of a legal or regulatory obligation.

 

6.       Costs and fees

 

(a)   The App is made available to you free of charge in the Google Play and Apple App Store. 

(b)   The Merchant is subject to other fees and charges in connection with use of the App, as documented under the Merchant’s Agreement for the Tap on Mobile Merchant Facility.

(c)   Each user is responsible for all telecommunication costs (including standard charges, data costs and other fees) in relation to your use of the App on your Eligible Mobile Device.

 

7.       Services and availability

 

(a)     The App enables the Merchant to access and view the Transaction history processed via the App on the individual Eligible Mobile Device for up to the previous seven (7) days. 

(b)     Older Transaction information is available for viewing through the Merchant Portal.

(c)     You must always use the latest version of the App at all times and only with an Eligible Mobile Device.

(d)     Worldline may modify or upgrade the App from time to time and provide you with reasonable written notice of any changes.

(e)     Once a modification or upgrade to the App is made, the new versions will be made available to you and you must ensure that you update the App to receives all software modifications or upgrades.

 

8.       Licence for use

 

(a)     Worldline grants you a non-transferable limited licence to use the App on your Eligible Mobile Device subject always to these Terms and Conditions and the General Conditions.

(b)     The user warrants it is not located in a country that is subject to a US Government embargo or is designated by the US Government as a “terrorist supporting” country, and that Merchant is not listed on any US Government list of prohibited or restricted parties. Merchant agrees to comply with all third party service providers terms of use (for example, software providers and network service providers) when using the App.

 

9.       Liability

 

(a)   In addition to the liability provisions set out under the General Conditions, Worldline will not be responsible for any loss or damage suffered by a Merchant  for any disruption, down time or maintenance of the App. 

(b)   Each user is solely responsible for ensuring the physical and electronic security of its Eligible Mobile Device.

(c)   Worldline will not be liable if your Eligible Mobile Device is lost, damaged or stolen.

 

10.    Suspension and Termination

 

(a)     Worldline may suspend access to the App or reverse any sales or refund Transaction, if you process, or attempt to process, any Transaction in breach of these Terms and Conditions or in breach of Law.

(b)     Worldline will have the sole discretion to suspend the use of the App by you, a category of App users or all App users where:

(i)   Either you or the Merchant has materially breached these Terms and Conditions, General Conditions, an operating platform’s terms of use, any legal or regulatory requirement or any requirement of a Nominated Card Scheme notified to the Merchant by Worldline;   

(ii)     The App requires downtime or maintenance;

(iii)    Your operating system is too old and is unable to be updated by the relevant operating system to support the App;

(iv)    Worldline is no longer able to provide the App without breaching laws, operating system requirements or the Nominated Card Schemes;

(v)     It is necessary for Worldline to manage anti-money laundering, counter- terrorism financing and economic and trade sanctions risk;

(vi)    Worldline has been directed to take this action by government or a law enforcement agency; or

(vii)  An operating system has temporarily ceased to support the App.

(c)     These Terms and Conditions will terminate with immediate effect should either the Merchant or Worldline exercise its rights of termination under the Agreement. 

(d)     The Merchant may at any time terminate the use of the App and these Terms and Conditions by uninstalling the App and by notifying Worldline promptly.

(e)     Should Worldline detect no activity in the App for four (4) consecutive weeks, Worldline may:

(i)       send a notification to the Merchant’s registered email address requesting the Merchant to use the App or to notify Worldline that it will use the App;

(ii)     Should the Merchant fail to respond or the App remains inactive for seven days following the notice, then for security reasons, Worldline may deactivate the App on certain Eligible Mobile Device in which the App is installed.

(f)       Worldline may terminate the Merchant’s use of the App if the Merchant is in breach of any material obligation under these Terms and Conditions or the Agreement.

(g)     Worldline may discontinue the availability of the App or deactivate the App by giving you at least 30 days’ notice in writing. 

(h)     After termination of the App, the Merchant shall continue to be bound by these Terms and Conditions and Worldline will be entitled to delete all of Merchant’s data stored on Worldline’s servers in accordance with privacy laws and regulations.

 

11.    Data Collection and Management

 

(a)     The Merchant shall treat as confidential all information obtained during its use of the App and the Tap on Mobile Merchant Facility.

(b)     Merchant and user agree that Worldline may collect a range of information relating to Merchant’s Eligible Mobile Device following the download of the App.  This is required for the App to properly function, for security purposes, for Worldline to better provide assistance and to further develop the App.

(c)     The information collected may include App type and version, network type and carrier name, IP address, device type and model, operating system and security information related to your Eligible Mobile Device (e.g. whether you have jailbroken your Eligible Mobile Device).  If you do not consent to the collection of this information, you should not activate, or should cease, using the App. 

(d)   You may use the App to send receipts to your customers via email and acknowledge that any customer email address that you collect is personal information that will be managed pursuant to your obligations under the Privacy Act 1988 (Cth).

 

12. Miscellaneous

 

The App may only be used on one Eligible Mobile Device by one person at any time. This means that only one user may process a Transaction on an Eligible Mobile Device at any given time. 

App Store is a service mark of Apple Inc

Android and Google Play are registered trademarks of Google Inc