You will not act as a payment facilitator or otherwise resell the Payment Services to any third party. You will not use the Payment Services to handle, process or transmit funds for any third party. You also may not use the Payment Services to process cash advances.
- 23. Unauthorized or Illegal Use
You will only accept Cards for transactions that are allowed by applicable law. We may decide not to authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of these terms or any other agreement with eatOS, or that it exposes you, your customers, other eatOS Sellers, our processors or eatOS to harm. Harm includes fraud and other criminal acts. If we suspect that your eatOS Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your eatOS Account, and any of your transactions with law enforcement and, as deemed necessary by eatOS, our payment processing and financial institution partners.
- 24. Assignment of Receivables
With the exception of your participation in a merchant cash advance or other similar merchant financing programs, including eatOS Capital / Credit Services, or as otherwise required by applicable law, you will not assign Card receivables or proceeds due to you under these terms to any third party.
- 25. Applicable Network Rules
By using the Payment Services, you agree to comply with all applicable bylaws, rules, and regulations set forth by the Networks (“Network Rules”). The Networks amend their rules and regulations from time to time. eatOS may be required to change these terms in connection with amendments to the Network Rules. Significant portions of the Network Rules are available to the public at https://visa.com, https://www.mastercard.com, and http://www.npci.org.in/RuPayBenefits.aspx. In the event of inconsistency between a Network Rule and these Payment Terms, and except as otherwise agreed between eatOS and the Network, the Network Rule shall apply.
You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason for your use of the Payment Services (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. eatOS specifically disclaims any liability for Taxes. If in a given calendar year you process (i) more than Rs.100,000 in gross amount of payments, eatOS will be required by law to report information about you and your use of the Payment Services to the Internal Revenue Service (“IRS”). For purposes of determining whether you have met the Income Tax reporting threshold, the gross amount does not include any adjustments for credits, cash equivalents, discount amounts, fees, refunded amounts or any other amounts. When you reach Rs.100,000 in payments it will be determined by looking at the PAN associated with your eatOS Account, including the applicable TIN and Adhaar number.
- 27. Network Logos and Marks
Your use of Network logos and marks (“Marks”) is governed by the Network Rules; you must familiarize yourself with and comply with these requirements. The Networks are the sole and exclusive owners of their respective Marks. You will not contest the ownership of the Marks, and any Network may prohibit you from using its Marks for any reason and at any time. eatOS may require you to make modifications to your Website or other advertising and signage in order to comply with Network Rules related to the Marks.
If you store, process or transmit cardholder data, you will comply with the applicable Payment Card Industry Data Security Standards (PCI-DSS), as well as any requirements under the Network Rules. You will cooperate in forensic investigations as required by eatOS or its partners. For additional information, including tools to help you assess your compliance, see http://www.visa.com/cisp and https://www.mastercard.com/sdp.
- 29. Failure to Comply with Network Rules or Security Standards
Notwithstanding Section 34 of these terms or Section 15 of the General Terms, you understand that your failure to comply with the Network Rules or the PCI-DSS security standards, including the compromise of any Card information, may result in fines or other losses to eatOS. You will indemnify us and reimburse us immediately for any fines or losses directly or indirectly caused by your and your agents’ actions.