Merchant Agreement · Terms of Service
This Merchant Agreement ("Agreement" or "User Agreement" or "Terms Of Service") is a contract between you and E-PATH PTY LTD, (ACN: 124032917, ABN: 34001494297) and applies to your use of the E-PATH credit card payment gateway service. This Agreement affects your rights and you should read it carefully.
In this Agreement, "you", "your", or "merchant" refers to any person or entity approved as an e-Path account holder. "E-PATH", "e-Path","we", or "our" refers collectively to E-PATH PTY LTD.
By clicking "I Agree" or "I Accept", you agree to these terms, the E-PATH Privacy Policy, and any incorporated documents. This constitutes a legally binding contract.
a) The Legal Relationship Between you and E-PATH
b) Merchant Responsibilities and Indemnification
1. The Legal Relationship between you and E-PATH
By applying for the e-Path Service, you formally instruct E-PATH to provide you/your business with an e-Path manual credit card payment gateway service. You understand that:
b) E-PATH is not a "live" or "real-time" credit card processing service.
c) E-PATH does not transact credit card payments.
d) E-PATH does not collect or hold any funds.
e) E-PATH facilitates you having credit card details in your possession to enable you to manually process charges via your own credit card processing facility/service. E-PATH is the cryptographic bridge between your customer and you.
2. Merchant Responsibilities and Indemnification
E-PATH merchants must hold a valid merchant account facility or credit card charging service in your country of location or main business activity.
2.1 Your Business Name on Cardholder's Credit Card Statement
The name used for your E-PATH service which e-Path will display on your payment page should be a match or close match of the name that will appear on your customer's credit card statement.
2.2 Credit Card Processing Facility/Service Provider Approval
Merchants must confirm their credit card processing facility/service provider approves and allows the charging of credit cards received via "Card Not Present" means. This will mean the business is an approved MOTO (Mail Order Telephone Order) or MST (Merchant Submitted Transactions) merchant. It is the sole responsibility of the merchant to obtain correct usage approvals.
2.3 Application Information
You agree to provide true, accurate, and complete information. If information is found to be untrue or incomplete, E-PATH reserves the right to terminate your use of the Service.
2.4 Cost
Payment for the e-Path payment gatway service is charged by e-Path in Australian Dollars (AU$). The actual cost in your local currency depends on exchange rates which is automatically determined by a process well outside e-Path's control.
2.5 Prohibited Transactions
You agree not to use E-PATH for illegal products or fraudulent activity. You also agree not to sell goods with delivery dates delayed more than 30 days unless clearly stated to the cardholder prior to them being transferred to you payment page (e.g., accommodation reservations, forward bookings etc).
2.6 Electronic Communications
Agreements and notices may be provided to you electronically via EMAIL, and you agree to receive communications in this form.
2.7 No Framing, No Masking
Displaying E-PATH pages inside frames or masking them is strictly forbidden to ensure security and transparency for the customer.
2.8 Key Passes
You may not reveal your account Key Passes to unauthorised persons. Key Pass 2 and 3 are not recoverable; if compromised, a new encryption system must be created.
2.9 Hacking
Tampering, hacking, or corrupting the functionality of the Service will result in immediate termination and potential criminal prosecution.
2.10 Assignability
You may not transfer any rights or obligations under this Agreement without the prior written consent of E-PATH.
2.11 Credit Card Data Security - No Data Stored
E-PATH does not permanently store credit card data, identity details or transaction history. Once retrieved by you, all data no longer exists on E-PATH servers. It is your responsibility to manage this highly sensitive information in your possession in accordance with requirements of your credit card processing facility provider.
2.12 Credit Card Data Security - After E-PATH
In order to have been approved as a MOTO or MST merchant you have already satisfied your credit card processing facility service provider that you meet their security and PCI requirements to enable you to securely handle credit card data in your possession. It is a condition of our service that you continue to abide by their requirements on the approved safe handling of sensitive credit card data.
2.13 Credit Card Validation
E-PATH does not challenge the validity or accuracy of information entered into the gateway. Determination of validity remains the merchant's responsibility. New credit card charging terminals and smart phone card charging apps will also have the required security validation mechanisms in-built.
2.14 Preprocess Verification Validation (PVV)
Unique to e-Path is you having the oppostunity to further investigate the legitimacy of the buyer prior to charging the credit card. e-Path suggests you make good use of this opportunity.
2.15 Currencies
E-PATH is a global service and therefor currency non-specific. The currency your customer's credit card will be charged in is solely determined by your credit card processing facility/service. You can be in any approved country.
2.16 Single/Multiple Licences
One E-PATH payment gateway service is approved per a single business owner's website/shopping cart. Using one payment gateway to service multiple websites/shopping carts requires a Multiple Licence payment gateway account.
2.17 Credit Card Handling - Disclosure
E-PATH is happy to supply you with a small graphic to display on your website that announces what credit cards you accept on your website. This is not a requirement but it is advisable to have this displayed somewhere on your website.
2.18 PCI DSS Compliance
Your credit card transacting facility, be it a terminal, tablet or mobile phone credit card processing app must be PCI DSS (Payment Card Industry Data Security Standards) compliant certified or have a PCI DSS Compliance exemption.
2.19 Refund Policy
Refunds are available for cancellations within the first 30 days, less a $99.00 AU$ cancellation fee. Beyond 30 days, no refunds will be given.
2.20 Refusal of Service
b) E-PATH reserves the right to cancel services if the brand name or activities of the merchant's business negatively impacts on the E-PATH brand.
2.21 Indemnification
You agree to indemnify and hold E-PATH, its affiliates, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including legal fees) made or incurred arising out of or relating to your use of the Service.
You agree that E-PATH is not responsible for or liable for any claim, action, demand, loss, or damages (including legal fees) made or incurred arising out of or relating to your use of the Service
2.22 Choice of Law
This Agreement is governed by the laws of Australia, irrespective of your physical location.