Common use of ACCEPTING CARDS Clause in Contracts

ACCEPTING CARDS. 6.1 You will accept all Cards presented by a customer for payment in respect of any Transaction. 6.2 You will submit all Transactions and Routed Transactions to us for Authorization in accordance with the terms of this Agreement and any other standards and procedures that we may notify you of from time to time. 6.2.1 You understand that an Authorization only indicates approval by a Card issuer or Third Party that a Transaction or Routed Transaction may proceed and does not mean that a Transaction or Routed Transaction has been authorized by the Cardholder or that it is authentic or valid. 6.2.2 If you have received an Authorization, this does not limit our rights under this Agreement, including our right to refuse to process a Transaction or Routed Transaction or to Chargeback the amount of the Transaction. 6.3 You may offer customers a price that is lower than your ticketed or posted price for goods and services (a “Discount”) if the customer uses cash or another form of payment to purchase the goods and services. You may also provide customers with different Discounts for using different Payment Card Network brands. You must clearly communicate any Discount at the point of interaction with your customers. 6.4 You will not do any of the following in respect of a Transaction or a Routed Transaction: 6.4.1 Surcharge unless permitted by a Payment Card Network; 6.4.2 require that a minimum amount of goods or services be purchased before accepting a Card; 6.4.3 anything that discriminates against or discourages use of one Card in favour of another Card, except that you may offer Discounts as explained in Section 6.3; 6.4.4 attempt to obtain multiple Authorizations for a single Transaction on a single Card or to reduce or disguise the amount of any Transaction by the use of multiple Transaction Records (known as “split ticketing”); 6.4.5 process a Transaction for another individual or entity (known as “factoring”); 6.4.6 submit any Credit Card Transaction that represents a cash advance or the refinancing of an existing obligation of a Cardholder, including any obligation that the Cardholder owes to you; 6.4.7 accept Cards for types of businesses, goods or services that we or a Payment Card Network deem unacceptable, including without limitation: businesses, goods or services that are prohibited by law; gambling; adult entertainment services (including escort and dating services, adult phone call services, pornography (including videos), strip clubs); massage parlours; collection agencies; financial services (including pay day loan companies, cheque cashing services, currency exchange, ABM dealers, money orders, wire transfers or other remittance or money service businesses); online pharmacies or internet pharmacy referral sites; telecommunications services (including pre-paid cards, credit card calls, long distance resellers or other non- regulated telecommunications); pyramid sales; telemarketing; vehicle exporters; cyberlockers; webhosting; on- line auctions; online computer technical support (located offshore); factoring companies; and pawn shops; 6.4.8 submit a Transaction where a Card was used that we had notified you not to honour, that has been declined or in respect of which you have been unable to obtain an Authorization; or 6.4.9 knowingly submit any Transaction that is illegal or that you should have known was illegal. 6.5 You will submit all Transactions to us within two Business Days of the date of the Transaction. If you fail to do so, we may adjust the fees and charges applicable to late Transactions. If you fail to close a Batch (if applicable) within this period, we have the right to close the Batch at any later time. 6.6 If any Transaction submitted to us by you or your third party provider is not readable or capable of being processed because it does not comply with our standards, that Transaction will not be processed by us or credited to your Account.

Appears in 2 contracts

Sources: Merchant Agreement, Merchant Agreement

ACCEPTING CARDS. 6.1 You will accept all Cards presented by a customer for payment in respect of any Transaction. 6.2 You will submit all Transactions and Routed Transactions to us for Authorization in accordance with the terms of this Agreement and any other standards and procedures that we may notify you of from time to time. 6.2.1 You understand that an Authorization only indicates approval by a Card issuer or Third Party that a Transaction or Routed Transaction may proceed and does not mean that a Transaction or Routed Transaction has been authorized by the Cardholder or that it is authentic or valid. 6.2.2 If you have received an Authorization, this does not limit our rights under this Agreement, including our right to refuse to process a Transaction or Routed Transaction or to Chargeback the amount of the Transaction. 6.3 You may may: 6.3.1 offer customers a price that is lower than your ticketed or posted price for goods and services (a “Discount”) if the customer uses cash or another form of payment to purchase the goods and services. You may also provide customers with different Discounts for using different Payment Card Network brands. You must clearly communicate any Discount at the point of interaction with your customers; or 6.3.2 impose a fee or charge on customers for the use of a Card as a means of payment, provided that such fee or charge is permitted by the Payment Card Network Rules and applicable law (a “Permitted Surcharge”) and that you display a notice of any such Permitted Surcharge as required by the Payment Card Network Rules. 6.4 You will not do any of the following in respect of a Transaction or a Routed Transaction: 6.4.1 Surcharge unless permitted by impose a Payment Card Networkfee or surcharge that is not a Permitted Surcharge, including without limitation charges that are prohibited under the Quebec Consumer Protection Act, or directly apply a surcharge to any Cardholder in respect of an Interac debit Transaction; 6.4.2 require that a minimum amount of goods or services be purchased before accepting a Card; 6.4.3 anything that discriminates against or discourages use of one Card in favour of another Card, except that you may offer Discounts as explained in Section 6.3; 6.4.4 attempt to obtain multiple Authorizations for a single Transaction on a single Card or to reduce or disguise the amount of any Transaction by the use of multiple Transaction Records (known as “split ticketing”); 6.4.5 process a Transaction for another individual or entity (known as “factoring”); 6.4.6 submit any Credit Card Transaction that represents a cash advance or the refinancing of an existing obligation of a Cardholder, including any obligation that the Cardholder owes to you; 6.4.7 accept Cards for types of businesses, goods or services that we or a Payment Card Network deem unacceptable, including without limitation: businesses, goods or services that are prohibited by lawlaw (including counterfeit, unlicensed or otherwise unauthorized goods); gamblinggambling (including games of chance and games of skill); adult entertainment content and services (including escort and dating services, adult phone call services, pornography ); money services businesses (including videos)pay day loans, strip clubscheque cashing, currency exchange, remittance, white label ABMs); massage parlours; factoring, debt repayment/purchase collection agencies; financial services trading platforms; crypto merchants (including pay day loan companiesexchanges, cheque cashing services, currency exchange, ABM dealers, money orders, wire transfers wallet providers or other remittance or money service businesseson‐ramp providers); online pharmacies or internet pharmacy referral sites; telecommunications unfair, predatory or deceptive products or services (including pre-paid cards, credit card calls, long distance resellers or other non- regulated telecommunications); pyramid sales, telemarketing and negative option marketing; telemarketingcannabis sales; cross‐border card not present vaping and tobacco sales; other high risk industries (including vehicle exporters; cyberlockers; webhosting; on- line auctions; online , weapons manufacturers or arms brokers, computer technical support (located offshore, social media businesses that sell or provide online traffic or engagement, web hosting, online auction houses, businesses that buy or offer NFTs, video game or virtual world credits, or cyberlockers and similar remote digital file‐ hosting and sharing services); factoring companies; and pawn shops; 6.4.8 submit a Transaction where a Card was used that we had notified you not to honour, that has been declined or in respect of which you have been unable to obtain an Authorization; or 6.4.9 knowingly submit any Transaction that is illegal or that you should have known was illegal. 6.5 You will submit all Transactions to us within two Business Days calendar days of the date of the Transaction. If you fail Transaction in order to do so, we may adjust the meet Payment Card Network presentment timelines and to avoid additional fees and charges applicable to late Transactions. If you fail to close a Batch (if applicable) within this period, we have the right to close the Batch at any later time. 6.6 If any Transaction submitted to us by you or your third party provider is not readable or capable of being processed because it does not comply with our standards, that Transaction will not be processed by us or credited to your Account. 6.7 If you elect to accept payments using the Google Pay service, then you hereby agree to the Google Pay and Google Wallet API Acceptable Use Policy and API Terms of Service available at these links: ▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇/terms/aup and ▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇/terms/sellertos, each as may be updated by Google from time to time.

Appears in 1 contract

Sources: Merchant Agreement