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Terms of Use

Effective Date: 20 January 2024


1. Introduction

Welcome to Nashi Labs Pte Ltd (also known as 'nashi') (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of our Tap to Phone payment solution (the “Service”). By using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service. You must also be a legally registered active business in your respective jurisdiction or place of operation. By using the Service, you represent that you meet these eligibility requirements.

3. Use of the Service

  1. (a) The Service enables you to accept card payments directly on a compatible mobile device.
  2. (b) You agree to use the Service only for lawful purposes and in compliance with applicable payment network rules.
  3. (c) You are responsible for maintaining the security of your device and any credentials associated with the Service.
  4. (d) You represent and warrant to nashi that your use of the Service will comply with all applicable Laws at all times.
  5. (e) Restrictions: You must not, and must not enable or allow any other party to:
    • (i) use the Service in any way other than for the purpose for which it is provided and in accordance with nashi documentation;
    • (ii) remove, obscure, modify or otherwise tamper with notices or legends included in or with the Service;
    • (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Service;
    • (iv) use the Service other than in conjunction with nashi products and services;
    • (v) use the Service in any way that would subject it to license terms that seek to require any nashi product to be licensed to any third party.

4. Merchant Responsibilities

  1. (a) You must comply with all applicable laws and regulations related to payment processing.
  2. (b) You are responsible for chargebacks, refunds, and customer disputes.
  3. (c) You agree to provide accurate and up-to-date business and banking information.

5. Fees and Payments

  1. (a) We may charge fees for the use of the Service, as outlined in our pricing schedule.
  2. (b) Fees may be deducted from each transaction or billed separately, depending on your agreement.
  3. (c) We reserve the right to change fees with prior notice.

6. Prohibited Activities

You may not use the Service for any of the following:

  1. (a) Transactions involving illegal goods or services.
  2. (b) Fraudulent, deceptive, or misleading transactions.
  3. (c) Any activity that violates payment network rules or regulatory requirements.

7. Data Privacy & Security

  1. (a) We collect and process personal data in accordance with our Privacy Policy.
  2. (b) You are responsible for ensuring your customer data is protected in compliance with applicable data protection laws.

8. Suspension & Termination

  1. (a) We reserve the right to suspend or terminate your access to the Service if you violate these Terms.
  2. (b) You may terminate your use of the Service at any time by notifying us.

9. Chargebacks & Disputes

  1. (a) You are solely responsible for any chargebacks, refunds, or disputes arising from transactions processed through the Service.
  2. (b) If a chargeback occurs, we may deduct the disputed amount from your account, along with any applicable fees.
  3. (c) You agree to cooperate with us in investigating and resolving disputes in accordance with payment network rules.

10. Right to Request Additional Information

  1. We reserve the right to inquire about additional information regarding your business, transactions, or activities related to your use of the Service.
  2. You agree to provide such information upon request in a timely matter to ensure compliance with applicable regulations and our risk management policies.

11. Software Updates

  1. (a) nashi may require or make available updates to the Service from time to time. All updates are mandatory unless designated as optional.
  2. (b) nashi may push an update directly via its SDK or API, or notify you of an update and direct you to implement it.
  3. (c) If an update is mandatory, you must implement it within the required timeline or within 30 days from notice.
  4. (d) Failure to update may result in the inability to use the Service, and nashi will not be liable for any resulting losses.
  5. (e) The license terms in these Terms apply to all updates unless a separate license is provided.

12. Disclaimer

You must only use the Service in compliance with these Terms. If for any reason you are unable to successfully complete a Transaction while the payment card is still present and available for use with the Service (for example, your customer taps a payment card while the Service is in "offline" mode, the customer departs the location where the Service is located with his or her payment card, and thereafter an error processing the attempted Transaction occurs, or the Transaction is declined for any reason, when the Service is taken out of "offline" mode), then notwithstanding anything to the contrary in these Terms, nashi and its affiliates will not be liable for any losses or damages you incur due to the inability to successfully complete that Transaction, and you waive any right to make a claim against nashi or its affiliates for those losses or damages (if any).

13. Changes to the Terms

  1. We may update these Terms from time to time.
  2. You will receive a notification of any updates either via your designated account email or within the app.
  3. Continued use of the Service after any changes constitutes acceptance of the revised Terms.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of Singapore. Any disputes shall be resolved through arbitration or in the courts of Singapore.

15. Contact Information

For questions or concerns regarding these Terms, please contact us at hello@nashiapp.com