TapPay Payment Service Platform Terms of Service

The Terms were updated on August 1st ,2022

Preface

Welcome to the service of TapPay Payment Service Platform (hereinafter referred to as the “Service”) which is developed and provided by Cherri Tech, Inc. (hereinafter referred to as the “Company" or “TapPay”). In order for members of the Service (hereinafter referred to as the "Member" or "You") to understand the rights and obligations of using the Service, the Company has established these Terms of Service (hereinafter referred to as the "Terms"). You should read the Terms carefully and confirm that you have fully understood and agreed to all the contents of the Terms after a review period of at least three days before you start using the Service.

Once you start using the Service, you are deemed to have read, understood and agreed to accept all the contents of the Terms, which constitute a legally binding contract between the Company and the Member.

Definitions

1. “Payer” means the buyer of goods or services, who uses the Service to pay the counterpart for the transaction.
2. “Member” means the seller of goods or services who uses the Service to receive payment from the Payer and the user of the Service who has completed the account registration and verification process in accordance with the procedures stipulated by the Company and hence has a contractual relationship with the Company.
3. “TapPay Website” means the official website of the Service established by the Company (https://www.tappaysdk.com/zh).

Acknowledgement and Acceptance of the Terms

1. The Company has the right to amend the contents of the Terms. In the event of any amendment to the Terms, in addition to post such terms prominently on the TapPay Website, the Company will notify you of the amended Terms, the scheduled effective date, and that you may disagree with the amended Terms before the amended Terms become effective by email.
2. If you do not object to the amended Terms before they become effective, you are deemed to have read, understood and agreed to accept all the contents of the amended Terms.

Service

1. The Service is entrusted by the Member to receive the payment made by the Payer and to transfer the payment received on behalf of the Member when certain payment conditions are fulfilled after an online transaction is made.
2. All payments received by the Service shall be settled in New Taiwan Dollars.
3. In case of payment error, the Company shall handle the payment in the following manner:
   1. If a payment error occurs for reasons not attributable to the Payer, the Company shall assist the Payer in making corrections and provide necessary assistance.
   2. In the event of a payment error attributable to the Company, the Company shall correct the error as soon as it becomes aware of it and notify the Payer by telephone or e-mail.In the event of a payment error attributable to the Company, the Company shall correct the error as soon as it becomes aware of it and notify the Payer by telephone or e-mail.
   3. If a payment error occurs for reasons attributable to the Payer, such as the Payer entering the wrong amount or entering the wrong payee, the Company shall provide the necessary assistance and processing after receiving the Payer's notification.
4. During the period when the Company is in custody of the payment, if any fraud or other illegal situation or consumer dispute occurs between the Member and the Payer, the Company will suspend the transfer of the payment according to the Police Report or the Consumer Dispute Registration Form provided by the Payer and return or make the payment according to the final judgment of the judicial authority or the settlement document between the Member and the Payer. The Member is not entitled to claim any interest or damages against the Company due to the suspension of the payment.
5. The Company’s information is as follows:
   1. Company Name: Cherri Tech, Inc.
   2. Responsible Person: Zhuang, Fan-Jie
   3. Company Website: https://www.tappaysdk.com/zh
   4. Company Address: 6F, No. 100, Sec. 2, Roosevelt Road, Zhongcheng District, Taipei, Taiwan
   5. Customer Service Tel: 02-2366-0080
   6. Customer Service E-mailbox: support@cherri.tech
   7. Service Hours: 10:00-18:00 (except Saturdays, Sundays and public holidays)

Guarantee of Payment

All payments received by the Company in relation to the Service will be deposited into the trust account stipulated in the trust agreement between the Company and CTBC Bank for exclusive use.

Membership and Registration

1. The Company provides the Service to natural and legal persons. Persons with full capacity or legally registered legal entities or organizations may register as a Member of the Service and use the Service. Minors or persons who do not have full capacity should have their legal representatives read, understand and agree to accept all the contents of the Terms before they can register and use the Service.
2. When you apply for registration of the Service, you must fill in the membership information as required by the Company and provide the identity verification information and other relevant documents or information required in the registration process. The Company reserves the right to accept or reject an application for registration as a member.
3. The Company shall not approve the Membership if any of the following circumstances shall occur:
   1. The application is made in the name of another person.
   2. The information provided in the application for registration of the Service Member account is not true.
   3. The e-mail address is not correct.
   4. Other conditions that do not meet the registration requirements of the Service.
4. Members shall guarantee that all information provided is correct and up-to-date. If the information provided by the Member is changed afterwards, the Member shall update the information immediately. If the Member does not provide or update the information immediately, does not provide the information in the specified manner, or the information provided is incorrect or not in accordance with the facts, the Company has the right to suspend or terminate the Member's account without prior notice and refuse to allow the Member to use all or part of the functions of the Service.
5. The account number and password obtained by the Member for the use of the Service shall not be transferred, given or inherited. Members shall be responsible for the safekeeping and confidentiality of the account information and shall not disclose or provide it to any third party for compensation or without compensation. Any transaction and activity that occurs by entering the account number and password shall be regarded as the act of the Member who registered the account and shall be the responsibility of the Member who registered the account.
6. If the Member finds or suspects that the account number or password has been used fraudulently or improperly by a third party, the Member should immediately notify the Company through the contact number or service E-mailbox listed on the TapPay Website. If the Company learns that the Member's account or password has been used fraudulently, the Company shall immediately notify the Member and suspend the use of the Member's account. After the Member completes the deactivation of the Member's password in accordance with the Company's regulations, the Company shall be responsible for any losses incurred due to the Member's account thereafter and any costs incurred in investigating the fraudulent use of the Member's password. However, if the loss occurs due to the following reasons before the Member completes the deactivation procedure of the Member account password, the Member shall be fully responsible:
   1. The Member does not keep the password and the account number properly.
   2. The Member provides account number and password to others.
   3. The Member does not use the account security mechanism provided by the Company.
   4. Other reasons due to the Member's intentional act or gross negligence.
7. The Company may provide the Member with information about the Service by SMS, email, telephone, etc.

Member’s Code of Conduct

1. The Member using the Service shall comply with the relevant laws and regulations of the Republic of China (Taiwan), and all the relevant usage regulations of the Service announced on the TapPay Website, including but not limited to the Terms, Privacy Policy, etc. If a Member does not comply with the Service usage rules, the Company has the right to refuse to continue to provide the Service. If any damage is caused to the Company or a third party, the Member shall bear the legal responsibility and compensate the Company and the third party for the damage incurred.
2. The Member agrees that in order to cooperate with the competent authorities, financial supervision authorities, police authorities, judicial authorities, acquiring institutions, etc., if it is necessary to suspend the use of the Member's account and stop the payment, the Company shall immediately notify the Member and suspend the account and the Member shall not claim damages from the Company therefor.
3. The Member shall not use the Service to engage in acts that infringe on the legitimate rights and interests of others or for any illegal purpose, otherwise the Company has the right to terminate the provision of the Service and the Member shall bear all relevant legal responsibilities. If this causes damage to the Company, its employees or other Members, the Member shall bear all legal responsibilities.
4. The Company may suspend or terminate all or part of the Service under the following circumstances and the Member is not entitled to any compensation or indemnity from the Company.
   1. The Member engages in money laundering, fraud and other criminal acts or illegal transactions with the Service.
   2. The Member infringes on the reputation, privacy, trade secrets, trademark rights, copyright, patent rights, other intellectual property rights and other rights of others.
   3. The Member violates the law or contractual obligations of confidentiality.
   4. The Member uses the Service under another person's name and submits false identity information which is verified.
   5. The Member uploads, posts, transmits or distributes any information containing computer viruses or any code that interrupts, destroys or limits the function of the Service.
   6. The Member engages in any behavior that may infringe on the Service system, data, including but not limited to unauthorized access to any part of the Service, probing or testing the vulnerability of the Service system, breach of the Service or the network security or authentication measures linked to it, use of the Service to track other Members of the Service or other customers of the Company.
   7. If the money collected and paid by the Company on behalf of the Member has been seized by a court decision or a prosecutor's order.
5. If the Member needs to cancel the account, after the Company reviews and cancels the account, it means that the Terms between the Company and the Member have been terminated, but the Member should still bear the responsibility for possible breach of contract or damages for the behavior during the use of the Service.
6. According to the regulation by Financial Supervisory Commission, members whose sell deferred goods or services shall apply for escrow, which includes the Trust, meanwhile, the member shall disclose the relevant information to the payer (buyer). And if members who issue e-vouchers shall provide appropriate balance disclosure methods for the transaction counterpart.

Limitation and Exclusion of Liability

1. The Service is provided in accordance with the prevailing function and on an as is basis of the system, and the Company does not provide any express or implied warranty that:
   1. The Service will meet the needs of the Member;
   2. The Service will continue to operate without interruption;
   3. Errors in the system and information will be detected and corrected immediately;
   4. Any service, information or other data obtained by the Member from the Service will meet the Member's expectations; or
   5. The Service does not contain any defects, errors or unavailability.
2. The Service shall not be responsible for any damage to the Internet connection caused by power failure or any other factors beyond the control of the Service.
3. The Service may have links to third party websites or services. Third-party websites and third-party services are not under the control of the Company and the Company is not responsible for the content of third-party websites and third-party services. These links do not imply any endorsement by the Company of the third-party sites and third-party services or any connection with the Company's operations.

System Maintenance and Service Interruption

1. The Company has the right to cease or interrupt the provision of the Service in the event of one of the following circumstances, and the Member are not entitled to any compensation or indemnity therefor:
   1. Necessary maintenance and construction of computer hardware and software equipment and electronic communication equipment, and sudden failure of computer hardware and software equipment and electronic communication equipment;
   2. In the course of relocating, replacing, upgrading, maintaining or repairing the software and hardware equipment related to the service;
   3. Suspension, interruption or failure of the Service due to acts of third parties, matters beyond the Company's control, or other causes not attributable to the Company; or
   4. Suspension, interruption or failure of normal operation of the Service due to natural disaster or other force majeure.
2. If the Service is suspended, interrupted or malfunctioned, it may cause inconvenience to users or other economic losses. If the suspension, interruption or malfunction of the Service is not attributable to the Company's intentional acts or gross negligence, the Company shall not be liable for any damages caused by the use (or inability to use) of the Service by the user.

Information Security

1. The Company and the Member shall each ensure the security of the information system to prevent illegal intrusion, acquisition, tampering, and destruction of business records or the Member’s personal information.
2. In the event of a dispute over a third party’s cracking the protection measures of the Company's information system or using the loopholes of the information system, the Company shall bear the burden of proof for the non-existence of such fact.
3. The Company shall be responsible for any damage caused to the Member by a third party's intrusion into the Company's information system.

Protection of Intellectual Property Rights

1. The system used in the Service and the contents of TapPay Website including but not limited to writings, pictures, files, information, data, programs or arrangement of website screens, website structure, page design, information contents, etc., are owned by the Company or other right holders in accordance with the law for the intellectual property rights thereof, including but not limited to trademarks, patents, copyrights, trade secrets and proprietary technology, etc. No person may use, modify, reproduce, publicly broadcast, adapt, distribute, publish, reverse engineer, decompile or disassemble. You shall be liable to the Company for damages (including but not limited to court costs and attorneys' fees) in the event of a violation.
2. You shall retain all intellectual property and other rights in all content you provide to the Service when posting, uploading, inputting, providing or submitting content. If you violate any of these rights, and if a third-party claims that the Company is violating its rights, the Company may remove the submission at any time, and you shall be liable to the Company for damages (including but not limited to court costs and attorneys' fees) incurred therefrom.

Protection of Personal Information

1. When using the Service, the Company will collect, process and use the personal information of users in accordance with the Personal Information Protection Act and other relevant laws and regulations. All personal information and other information collected by the Company will be used for the specific purpose of the Service provided in accordance with the Personal Information Protection Law and other relevant laws and regulations, and will not be disclosed to other third parties.
2. For more details, please refer to the Privacy Policy of the Service (link: https://www.tappaysdk.com/zh/term/privacy).

Electronic Documents and Contract Interpretation

1. You agree to use electronic documents as a method of representation, and understand that the electronic documents exchanged in accordance with the Terms shall have the same effect as written documents.
2. If there is any doubt about the interpretation of the Terms, the interpretation shall be in favor of the Member.

Governing Law, Jurisdiction and Others

1. If any part of the Terms is determined to be invalid or unenforceable in accordance with relevant laws, the remainder of the Terms shall remain valid except for the invalid or unenforceable part.
2. The Terms, the Privacy Policy, and the Service's related specifications, practices, handling principles, policies and service descriptions shall be governed by the laws of the Republic of China (Taiwan). Any matters not covered by the Terms shall be handled in accordance with the relevant financial regulations, the laws and regulations of the Republic of China (Taiwan), and the relevant regulations of the competent authorities.
3. In the event of a dispute between the Member and the Company arising out of the Service, the Terms, the Privacy Policy or its relevant usage regulations, rules, handling principles, policies and relevant service descriptions, the Taiwan Taipei District Court shall be the court of first instance.
4. The headings of the Terms are for reference only and do not affect the interpretation of the relevant terms and conditions.