Terms and Agreements

This User Agreement ("Agreement") is a contract between you and TouchtoPay and applies to your use of the TouchtoPay services. You must read, agree with, and accept all of the terms and conditions contained in this Agreement. TouchtoPay could modify the Agreement anytime. Updated version of the agreement constitutes your acceptance to such modified version.
1. User Acceptance
  By viewing and using TouchtoPay website including any functionality available through the website, by choosing “Agree” during the sign up process at merchants, and by using the TouchtoPay service at merchants to pay goods and services, you state to agree these Terms and Conditions and TouchtoPay's privacy notice at www.touchtopay/privacy.

You agree to authorize TouchtoPay and its affiliates and its subsidiaries to electronically debit and credit any of the account enrolled. .

If you do not agree to any of these terms and conditions and/or do not want to become a User, do not accept the agreement, do not become a registered user, do not view and use TouchtoPay website and its payment system installed at partnered merchants

By accepting this agreement, you acknowledge that you read and understood the terms and conditions and agree to be bound by it.
2. Eligibility
  You represent and warrant that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement. To be eligible to use the TouchtoPay Services, you must be at least 18 years old.
3. User Accounts
  We offer two different types of Accounts: Personal account and Business account. By opening a Personal Account and accepting the terms and conditions as outlined in this agreement, you attest that you are establishing the account only for your personal use. By opening a Business Account and accepting the terms and conditions as outlined in this Agreement, you attest that you are not establishing the account primarily for personal, family, or household purposes.

In order to access and use the TouchtoPay website features, you will have to create an account and will be asked to choose a username and a password for your account for the website. You must provide accurate and complete information when you register with the TouchtoPay website. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. TouchtoPay will not be liable or responsible for any damage or injury caused by your use of the Service. TouchtoPay will securely store your personal information and will not give or sell it to others for advertising or marketing purposes without your consent.

In order to access and use the TouchtoPay payment system at merchants, you will have to scan your fingerprints, whose features will be stored in the database as mathematical algorithm not the fingerprints itself, select a pin code, enter credit card information, and your email address. You must provide accurate and complete information when you sign up with the TouchtoPay payment system. You are solely responsible for the activity that occurs on your account, and you must keep your pin code secure. TouchtoPay will not be liable or responsible for any damage or injury caused by your use of the Service. TouchtoPay will securely store your personal information and will not give or sell it to others for advertising or marketing purposes without your consent.

You agree that TouchtoPay will not store actual fingerprint image scanned at the time of the registration. TouchtoPay will not only store the features of your fingerprints in the database as mathematical algorithm, which encrypts fingerprints image that cannot be re-generated.

You understand that your account information including encrypted fingerprints image, credit card information, and other account information will not be shared with any third party service providers, external organizations, TouchtoPay subsidiaries or government agencies except as required by law.
4. Electronic Communication
 
Annual disclosures
Transaction receipts or confirmations
Account statements and history
Financial transaction reports
Any alerts specified in your account
5. Permissions & Restrictions
 
You agree not to

5.i act against any of the definition in this agreement
5.ii violate against any law, statue, or regulations
5.iii change or modify any part of the TouchtoPay website.
5.iv use another user's account’s username, or password without permission and agree to notify us immediately if you suspect any unauthorized use of your account
5.v use your personal accounts for commercial use including
  5.v.1 use of the TouchtoPay website and/or any of its functionality for the revenue without the permission of TouchtoPay.
  5.v.2 sale of advertising
5.vi send a spam, junk mail, and any form of solicitation to the website and payment system.
5.vii upload viruses and any kind of malicious code into the TouchtoPay website and payment system.
5.viii post any content that includes harassment of any user, that includes violence and/or nudity, and that is hateful and pornographic.
5.ix use any automated method or do anything that would interrupt the TouchtoPay’s functions. create a false identity and profile on TouchtoPay.
5.x violates some else’s rights.
5.xi obtain source code for any reason.
6. Use of TouchtoPay website and payment system
 
6.i Information
  6.i.1 You agree to own and be responsible for all the information entered by you on the TouchtoPay website and you agree that any biometric information is voluntarily given by you in order to use the TouchtoPay service.
  6.i.2 You agree that you are the only responsible person to manage your profile including account information, credit card information, and security settings of your account.
  6.i.3 You agree NOT to enter another person’s information including profile information such as name and account information such as credit card information and Pin Code.
  6.i.4 You agree that TouchtoPay only provides the details of the transactions including transaction date, transaction amount and transaction merchant information on the website for each transaction on your account. The details of the goods or services purchased through TouchtoPay payment system will not be provided on the TouchtoPay website.
  6.i.5 TouchtoPay reserves the right to use any fingerprints image algorithm, transaction data and registration information to protect you from any possible fraud.
  6.i.6 You agree that generating gift card to another person or having an authorized user on your account is solely your responsibility. TouchtoPay will not be responsible for any action that generates gift card to another party or assign another party as authorized user.
6.ii Use of Payment System at Merchants
  6.ii.1 Purchase at Merchants using the TouchtoPay payment system allows you to make payments using your TouchtoPay Account in a Merchant’s physical store if the Merchant has a TouchtoPay Payment System installed. Purchases at Merchants are made using your fingerprints and Pin Code defined when you register. You must confirm the transaction once more before the actual transaction happens.
  6.ii.2 When signing up at Merchants, you must provide the following information: your name, fingerprints, Pin Code,e-mail address and credit card information. You could always enter your credit card information after you sign up at the merchant by visiting the TouchtoPay website. Once you enter the credit card information in the TouchtoPay system, you can start using the TouchtoPay payment system at registered merchants.
  6.ii.3 You agree to scan only your fingerprints and enter your Pin Code to complete the transactions. TouchtoPay will NOT be responsible for third party usage of your account.
  6.ii.4 You agree not to use third party accounts including fingerprints and Pin Code combination.
  6.ii.5 You agree that you would update the credit card account information on your TouchtoPay account in case your credit card/ debit card account number changes or your credit card/debit card expiration date changes to purchase goods and services at merchants.
  6.ii.6 Use of TouchtoPay for personal use will be free of charge.
  6.ii.7 If you are a Merchant or representative of Merchant, you agree that TouchtoPay will be chargeable. The terms and conditions of the charge will be determined in the Merchant agreement and subject to change.
6.iii Account Review
  You agree that TouchtoPay will review your account against potentially high-risk transactions. If a payment is subject to Payment Review and/or subject to the security setting that you set up, TouchtoPay will place a hold on the payment and provide notice to you and the merchant. TouchtoPay will deny the payment until you stated otherwise.
6.iv Closing your Account
  6.iv.1 How to Close Your Account. You may close your Account at any time by following the instructions in your Account Profile. Upon Account closure, we will stop your account for any further payment transaction.
  6.iv.2 Limitations on Closing Your Account. You may not close your Account if there is any suspicious activity on your account. The definition of suspicious activities will be determined and subject to change.
  6.iv.3 Accounts not used. If you do not use your account at merchants or log in to your Account at TouchtoPay website for two or more years, TouchtoPay may close your Account without any notification.
6.v Copyright Policy
  All rights reserved. The trademarks, logos, and homepage picture displayed on the Services are TouchtoPay’s property. You are not permitted to use TouchtoPay’s trademarks, logos, and pictures without our prior written consent.
7. Permissions & Restrictions
  TOUCHTOPAY, ITS EMPLOYEES AND DIRECTORS SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES RESULTING FROM ANY USE OF THE SERVICES BY YOU, ANY UNAUTHORIZED USE OF OUR SERVERS AND INFORMATION STORED IN THESE SERVERS, ANY ERRORS IN ANY CONTENT OR FOR ANY LOSS INCURRED AS A RESULT OF YOUR USE OF SERVICE, ANY VIRUSES OR UNWANTED SOFTWARE TRANSMITTED AS RESULT OF USE OF THE SERVICE.

THIS LIMITATION OF LIABILITY SHALL APPLY TO THE JURISDICTIONS THAT ALLOW LIMITATION OF LIABILITY.
8. Indemnity
  You agree to indemnify, hold, and defend TouchtoPay, its employees, officers, directors, agents, and other partners, from any loss and damages, liabilities, obligations, claims, demand, cost and expenses including reasonable attorney's fees, arising out of your use of the Services on TouchtoPay in violation of any term of these Terms and Agreement and/or arising from any violation of Copyright and privacy rights and/or any damage to third party caused by your use of the website.
9. Disclaimer
  YOU AGREE THAT YOUR USE OF TOUCHTOPAY IS AT YOUR RISK AND TOUCHTOPAY GIVES YOU NO WARRANTIES AND PROMISES ABOUT THE ACCURACY, RELIABILITY, AND COMPLETENESS OF THIS SITE'S CONTENT AND TAKES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) SPECIFIC RESULTS, LOSS AND/OR DAMAGE FROM THE USE OF THE SERVICES; (B) AND ERROR AND MISTAKES IN THE CONTENT; (C) ANY INTERRUPTION TO OR FROM OUR SITE FOR ANY REASON, (D) ANY VIRUSES AND/OR UNWANTED SOFTWARE TRANSMITTED TO OR FROM THE WEBSITE.
10. Termination
  If you violate any of the statement on this Agreement, TouchtoPay has the right to stop servicing all or part of TouchtoPay to you with or without notification. Termination of your account means that your current and/or future use of TouchtoPay and any of its services is disabled.