5.4 In no event shall the Company be responsible for intentionally or negligently revealing to any other persons by the Applicant of its and/or its customers’ bank account, credit card, username and password information, or for carelessly keeping of password, or in case that any other person causes to be known such information or in case of dishonesty of the Applicant and/or other person.
5.5 TheCompanymayadvertiseandpublicizeinconnectionwith the Service provided to the Applicant as it thinks fit.
6. DUTIES OF RESPONSIBILITIES OF THE APPLICANT
Apart from provisions stipulated in the Terms of Use according to Clause 1., the Applicant shall have duties and responsibilities as follows:
6.1 The Applicant agrees to pay the service fee and any other expenses for the Service hereunder according to the period, payment method and rate as fixed by the Company.
6.2 The Applicant agrees to advertise and publicize its goods or services as well as its use of the Company’s Service for receipt of payments for goods and/or services of the Applicant.
6.3 The Applicant has a duty to issue receipts/tax invoices or any evidence of receipt to customers and/or clients as prescribed by law.
6.4 In the case that the Applicant uses any other service, method or channel for receiving of payments for goods and/or services from customers or clients, provided by other service provider(s) other than the Company, the Applicant agrees to not act such as publicizing, advertising, supporting or giving any right to such service, method or channel of other service provider(s) significantly or in addition to doing to the Service of the Company hereunder.
6.5 If the Applicant intends to modify its payment type and/or amend the method or conditions for selling of goods, engaging of services or performing of works, affecting to the Company’s performance of Service hereunder, the Applicant agrees to notify the Company of such in writing sixty (60) days in advance. In this case, the Company reserves the right to charge an additional fee as proper.
6.6 The Applicant represents and warrants that all goods and/ or services It agrees for the Company to receive the payments hereunder are not the goods and/or services prohibited by law and good morals or exposure to risk against the Company’s image. Failure of the above representations and warranties, the Applicant agrees that the Company is entitled to terminate this Agreement immediately and the Applicant shall be responsible for all damages incurred to the Company, including any loss incurred by the Applicant as the result of its non-performance of this clause.
6.7 The Applicant acknowledges and agrees that in case the Service hereunder has any error or delay or has been temporally suspended, arising from service connection system or computer system or any relevant system or virus attack or electronic equipment problems and/or force majeure or any causes beyond the Company’s control, the Applicant shall not definitely raise such error to claim any damages against the Company and shall notify the Company immediately of such error. The Company will use its best efforts to solve the problem hastily, and the Applicant agrees to fully assist and cooperate with the Company for solve such problem.
6.8 The Applicant represents and warrants that it shall comply with all Cardholder Information Security Program (CISP), Site Data Protection (SDP), and Payment Card Industry Standard (PCI) requirements, as amended from time to time. The Applicant must comply with the Rules, including without limitation, those relating to Cardholder information security issues, non-disclosure of Cardholder information and Transaction documents, retention and storage of Cardholder and Transaction information and other security procedures adopted by the Card Organizations.
7. TERM AND TERMINATION OF AGREEMENT
7.1 This Agreement shall be effective from the date hereof. Any party who intends to terminate the Agreement shall give advance written notice to the other party not less than ninety (90) days prior to the termination of this Agreement.
7.2 This Agreement shall be terminated and the Company is entitled to cease the Service forthwith by closing the Applicant’s user account in any one of the following circumstances:
a. the Applicant uses and/or declares false information; or
b. the Applicant is in breach of any provision of the Agree
ment, requirements or conditions; or
c. the Applicant commits an offence or participates in an offence by using the Service according to this Agreement.
Upon termination of this Agreement in any case, the Applicant shall announce the termination in a conspicuous place that can be seen obviously by its customers and/or clients. The announcement shall commence from the date the Service is ceased and shall describe the contents that are harmless to and promote both parties’ image. This clause will not deprive the Company’s right of any compensation and damages due to the termination hereof by the Applicant’s acts.