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EXHIBIT A: JURISDICTION-SPECIFIC TERMS
1.1 You acknowledge that you and your use of the PingPong Services
shall be subject to all mandatory provisions of Applicable Law. You
hereby acknowledge that you are acting, and you agree that you shall
act, in your professional or business capacity, and that you are not
entering into this Agreement, nor will you use the PingPong Services,
as a Consumer. You shall be solely responsible for understanding and
complying with any and all laws, rules and regulations of your home
country and the Account Jurisdiction that may be applicable to you in
connection with your use of the PingPong Services, which shall include
Applicable Law, laws governing payment services, anti-money laundering
or anti-terrorist financing requirements, consumer protection, data
protection laws, anti-discrimination, gambling, false advertising,
illegal sale or purchase or exchange of any goods or services, and
those related to export/import activity, taxes or foreign currency
exchange or licensing.
1.2 Our obligations under this Agreement shall be conditional on our acceptance of you as a Customer at our sole discretion, including the requirements of Section 5, regarding Customer registration requirements, and Section 12, regarding Customer obligations.
1.3 We may at any time close, suspend or limit your access to your use of the PingPong Services if we suspect that you may have committed any breach or violation of this Agreement or any other agreement you enter into with us or pursuant to any proprietary monitoring systems or techniques used by PingPong when assessing the risk associated with your transaction activity. Please see Section 10 for further details. We may also limit your access to Funds as required by Applicable Law, per the instructions of law enforcement or applicable regulators, or when we consider necessary and appropriate.
1.4 We may close your PingPong Account if your account becomes inactive. Please see Section 11 for further details.
In the context of this Agreement, the following terms shall have the
2.1 “Account Jurisdiction” means the jurisdiction where PingPong receives the Funds from the Platform or the sender.
2.3 “Applicable Law(s)” means any law, regulation or generally accepted practices or guidelines in the Account Jurisdiction, or any other jurisdictions applicable to your use of the PingPong Services, which shall include laws governing payment services, anti-money laundering or terrorist financing requirements, consumer protection, data protection laws, anti-discrimination, anti-corruption, human trafficking, child and forced labor, gambling, false advertising, illegal sale or purchase or exchange of any goods or services, and those related to export/import activity, taxes or foreign currency transactions, or licensing. Please further refer to the Jurisdiction-Specific Terms.
2.4 “Approved Payee” means a natural or legal person approved by PingPong as payee of the Funds, which may include a European Union Tax Administration, third party service companies, etc. For the avoidance of doubt, the Approved Payee shall in no event be a Consumer.
2.5 “Beneficiary Account” means your local beneficiary bank account into which you wish to receive distributions from your PingPong Balance through the PingPong Services, as instructed by you to us through your PingPong Account.
2.6 “Business Day” means a calendar day with the exception of Saturdays, Sundays and public holidays in the Account Jurisdiction, on which the payment infrastructures of the Account Jurisdiction are open and banks carry out their regular business activities.
2.7 “Buyer” means a person or entity that purchases your product or service from you or from a Platform.
2.8 “Consumer” means a natural person, who uses payment services for personal needs outside of his/her business, commercial or professional needs or activities, or a consumer as defined by the Applicable Law in the Account Jurisdiction. Please further refer to the Jurisdiction-Specific Terms.
2.9 “Customer” or “Merchant” means you, the individual or legal entity who enters into this Agreement and in whose name the PingPong Account is registered.
2.10 “European Economic Area” or “European Union” means the region made up of the countries which have entered into the European Economic Area Agreement from time to time.
2.11 “European Union Tax Administration” means any administrative organization within the European Union responsible for collection of value added tax for a relevant country in the European Union.
2.12 “Fees” are the charges payable by you to us for using the PingPong Services which are specified in the PingPong Account held by you.
2.13 “Funds” means the funds beneficially owned by you for the conduct of the Transactions.
2.14 “Group Companies” refers to any of the entities specified in Section 3, and any other affiliates or subsidiary companies or holding companies that provide all or any part of the PingPong Services.
2.15 “Inbound Payment(s)” means the funds received in the designated Payment Account from Platforms or approved senders.
2.16 “Inbound Transaction(s)” means the action, initiated by Platform or approved sender, of transferring Funds to your Payment Account pursuant to Applicable Law or your agreement.
2.17 “Jurisdiction-Specific Terms” mean the terms set out in Exhibit A that are applicable to your Account Jurisdiction and which forms part of this Agreement.
2.18 “Outbound Payment(s)” means a payment from the Payment Account to an Approved Payee upon an Outbound Payment Order.
2.19 “Outbound Payment Order(s)” means any instruction by the Customer to PingPong requesting the transfer of funds to an Approved Payee.
2.20 “Outbound Transaction(s)” means the action, initiated by you, of transferring Funds from you to an Approved Payee pursuant to Applicable Law or your agreement with the Approved Payee from your Payment Account.
2.21 “Payment Account” means a PingPong account designated by PingPong to you that holds your PingPong Balance.
2.22 “PingPong”, “we”, “us” or “our” means the applicable contracting entity as specified in Section 3 hereof.
2.23 “PingPong Account” means your online account where you register for PingPong Services and make ongoing use of the PingPong Services.
2.24 “PingPong Balance” means the balance of Funds as from time to time shown in your PingPong Account.
2.25 “PingPong Account Credentials” means the Payment Account credentials (bank account number, routing number, IBAN, etc.) provided to you by us solely for the purpose of using the PingPong Services.
2.26 “PingPong Services” means all payment related services provided by PingPong according to this Agreement, and “PingPong Service” shall mean any of them.
2.27 “PingPong website” or “Website” means our website available at www.pingpongx.com.
2.28 “Platform” means (i) an e-commerce marketplace or other third-party selling platform; (ii) approved by PingPong for use with PingPong Services; and (iii) where you are a seller of goods or services pursuant to a written agreement between you and the Platform.
2.29 “Service Providers” shall include banks, payment service providers, clearing networks and other third-party payment processing services from time to time used by PingPong in the course of provision of the PingPong Services.
2.30 “Transaction” refers to either (i) an Inbound Transaction; (ii) a Withdrawal Transaction; or (iii) an Outbound Transaction.
2.31 “VAT” means value added tax within the European Union or other jurisdictions where value added tax is imposed.
2.32 “Withdrawal Instruction(s)” means, following receipt of Funds by PingPong through an Inbound Transaction, an instruction by a Customer instructing PingPong to execute a Withdrawal Transaction.
2.33 “Withdrawal Transaction(s)” means, following the action of a Withdrawal Instruction, the payment or transfer of Funds from the Payment Account to your designated Beneficiary Account or Approved Payee.
3.1 “PingPong,” “we,”, “us” and “our” in this Agreement refer to the contracting entity listed in the chart below that corresponds to the Account Jurisdiction associated with your Payment Account. In the event that you open multiple Payment Accounts with us in different Account Jurisdictions, you will be deemed to have entered into agreements with each of us in the Account Jurisdictions where you have Payment Account with us. It should further be noted that the applicable agreement for a specific instruction would depend on to whom you give instructions, not the entity actually handling your instructions (if different). Please also refer to the Jurisdiction-Specific Terms when you read this Agreement.
|Account Jurisdiction||Contracting Entity||Address for Notices||Governing Law||Jurisdiction|
|United States of America, Canada, Mexico and India||PingPong Global Solutions Inc, a New York corporation||1510 Fashion Island Blvd, Suite 250, San Mateo, CA 94404, USA||California, U.S.A.||California, U.S.A.|
|European Union and United Kingdom||PingPong Europe S.A., a Luxembourg Société Anonyme (S.A.)||9 Rue du Laboratoire, L-1911 Luxembourg||Grand-Duchy of Luxembourg||Luxembourg|
|Japan||PingPong Asia Technology Co., Ltd. a Japan corporation||East Tower 4th floor, Otemachi First Square 1-5-1 Otemachi, Chiyoda-ku, Tokyo, 100-0004 Japan.||Japan||Japan|
|Hong Kong, Australia, Singapore, United Arab of Emirates, Indonesia, Korea, New Zealand, Philippines||Ping Pong Global Holdings Limited, a Hong Kong corporation||Unit 06, 12/F, Emperor Group Centre, 288 Hennessy Road, Hong Kong||Hong Kong||Hong Kong|
3.2 While PingPong will exercise reasonable efforts to communicate
with you in the language(s) with which you are familiar, the languages
currently supported by PingPong for Customer support are English,
Chinese (Mandarin and Cantonese), French, and Japanese.
Notwithstanding the foregoing, we reserve the right to communicate
with you in exclusively English, which will be the prevailing language
for PingPong communications, with all other languages available for
3.3 You may contact Customer Support at any time by sending a message through the contact links on our website (www.pingpongx.com), via e-mail at firstname.lastname@example.org, by phone at 400-601-6666 (inside China) or (+86) 0571-8972-2222. You may also contact any of our affiliate offices via the contact information listed in Section 3.1 above.
3.4 You acknowledge and confirm that PingPong may provide notice or other service-related information to you by posting it on the PingPong website(s) (which shall include on the webpage in your PingPong Account), emailing it to the email address listed in your PingPong Account, mailing it to the street address listed in your PingPong Account, calling you by phone, or sending you a “text” / SMS message. You must have internet access and an e-mail account to receive communications and information relating to PingPong Services. You further confirm that such notices shall be deemed to have received by you upon the earlier of our issuance to you or upon publication on the PingPong website(s). You may request a copy of any legally required disclosures (including this Agreement) from us and we will provide such disclosures to you in a form which allows you to store and reproduce the information (e-mail shall be sufficient).
4.1 PingPong provides you, the Customer with, a payment service that
allows you to:
(a) Receive Inbound Payments from approved Platforms or senders to a designated Payment Account;
(b) Withdraw Funds from the Payment Account to your local Beneficiary Account pursuant to Withdrawal Instruction or this Agreement;
(c) Initiate Outbound Payment from the Payment Account to an Approved Payee; and
(d) Report transaction data in some circumstances, for regulatory compliance purposes as required to receive foreign currency.
4.2 PingPong Services may be subject to certain limitations and may not be available in certain jurisdictions, depending on:
(a) the location of (i) you, (ii) the Platform or (iii) senders/originators of Funds;
(b) applicable regulatory requirements or Applicable Law in the Account Jurisdiction;
(c) the Jurisdiction-Specific Terms applicable to the Account Jurisdiction; and
(d) other similar factors as determined by PingPong from time to time.
4.3 In order to provide PingPong Services, PingPong may rely on its Group Companies, financial institutions, third-party banking counterparts or payment providers.
4.4 PingPong is not a bank or credit institution. PingPong shall not accept any deposit from you nor pay any interest to you on your Funds/PingPong Balance, including Funds held in the Payment Account, and PingPong does not offer any feature or benefit of a bank account. By accepting these Terms and Conditions, you acknowledge that PingPong is authorized to retain any interest that arises with respect to the sum of any Funds held in PingPong’s bank account(s). You further acknowledge that the Payment Account does not qualify as a deposit account as defined by relevant laws and regulations, including Applicable Law, and thus Funds held in your PingPong Account or in the process of Transaction are not insured. However, PingPong shall strictly adhere to applicable requirements that ensure the liquidity and protection of Funds held on your behalf. PingPong may, at its sole and absolute discretion, settle your PingPong Balance to your Beneficiary Account if the PingPong Balance is not withdrawn by you for a period from time to time specified by us in accordance with Applicable Law.
4.5 PingPong shall be an independent contractor that provides the PingPong Services to the Customers. PingPong shall in no event act as a fiduciary, trustee or escrow holder on your behalf. Subject to the specific terms applicable to the Account Jurisdiction, PingPong shall act solely as an agent for you or the Approved Payee in respect of the Funds.
4.6 You shall in no event allow the Platform any right to debit the Payment Account and you shall be liable to PingPong for any debits made on such account by Platform or any other third party without PingPong’s prior written approval. Your failure to observe this Section shall be a material breach of this Agreement and we may terminate this Agreement forthwith without compensation and without prejudice to our other rights and remedies hereunder.
5.1 PingPong Accounts. The use of PingPong Services requires that you
register for a PingPong Account. Your rights to such PingPong Account
are limited by and set forth in this Agreement. A business or
individual engaging in business activities approved by PingPong from
time to time may apply to use the PingPong Services via our PingPong
website by registration of a PingPong Account. As part of the
application process, you will need to accept this Agreement (as
defined in Section 2.2) and you may further be asked to confirm your
acceptance to other arrangements that we may from time to time offer
to you. You agree to provide us with true, accurate and complete
information when you register for a PingPong Account. You will be able
to see relevant information in your PingPong Account in pursuance to
the personal data access rights provided under relevant data
5.2 Eligibility. To be eligible to open a PingPong Account, you agree that:
(a) You must have full legal capacity under Applicable Law to enter into and fully perform this Agreement. If you do not have such full legal capacity, you shall not register to use our PingPong Services. Any person who registers as a user of PingPong Services or provides such person’s personal information to PingPong represents that such person has full legal capacity under Applicable Law. If you register for the PingPong Services on behalf of a business or commercial entity, you represent and warrant to us that you are legally authorized under the business entity's formation and organizational documents or under the laws of your home country to agree to this Agreement and you shall supply all such proof to us within three (3) days from the date of our request therefor.
(b) You shall not use PingPong services except as a business or individual using PingPong Services for business-related and commercial activities. PingPong Services are intended to enable payments for business-related and commercial activities and are not intended for personal or Consumer use. You shall not use the PingPong Services for domestic or household purposes or as a Consumer. You hereby acknowledge and represent that at all times while using the PingPong Services you are using our services for business purposes, and that you are not a Consumer for the purpose of the application of Applicable Law.
(c) You shall maintain and use your PingPong Account solely for your own business, trade or profession. You shall not represent any third party in registering with PingPong for a PingPong Account or otherwise assist in the circumvention of these Terms and Conditions or PingPong’s KYC (as defined below) requirements.
(d) You may only use the PingPong Services through your PingPong Account for your own business and not on behalf of any other person or entity, except for in certain circumstances approved by PingPong where PingPong may require written confirmation from the authorizing party granting authority to transact on their behalf and any other documentation we may require to assist us in order to fulfill the requirements of our compliance policies.
(e) You acknowledge that PingPong strictly prohibits impersonating or falsely claiming an affiliation with any person or entity while using PingPong Services. Your failure to observe this Section shall be a material breach of this Agreement and we may terminate this Agreement forthwith without compensation and without prejudice to our other rights and remedies hereunder.
(f) We do not, and in no situation shall we be deemed to provide any tax or legal advice or approval or counsel with respect to any PingPong Services, their amount and timing, nor with respect to your relationship with a Payee nor a European Union Tax Administration nor your tax, legal or business status nor situation.
5.3 PingPong’s Role. Except for our limited role in facilitating certain aspects of payments in accordance with this Agreement, we shall in no event be considered to be involved in or party to any contract with respect to any underlying transactions between you and any Buyer, Platform, supplier, sender, the Approved Payee or any other party. For the avoidance of doubt, we are neither the Buyer nor the Seller of your products or services. You authorize us to hold, receive, and disburse Funds in accordance with your Withdrawal Instructions or Outbound Payment Orders and subject to Applicable Law. In this limited capacity, we act only as a service provider to you but not as a trustee. We may use the services of one or more Group Companies or Service Providers to provide the PingPong Services and process Transactions. Notwithstanding the foregoing, if we consider it necessary and appropriate in our sole discretion, we may request that you provide evidence of transactions underlying or related to the PingPong Services. You shall provide all such evidence we reasonably request within three (3) days from the date of such request.
5.4 Verification. Your use of PingPong Services is subject to PingPong’s Know Your Customer and approval processes (collectively, “KYC”). We have the right to request information and documentation prior to your use or during your use of the PingPong Services including, but not limited to, information and documentation relating to your identity or the identity of your shareholders, proof of address, proof of ownership, and additional business-related information and documents. You agree that PingPong may check and verify the information you provide as necessary or advisable to validate your identity, including through the use of third-party intermediaries or databases. You agree to provide to PingPong, within three (3) days of PingPong’s request, all information required by PingPong for the purpose of complying with its compliance obligations. We shall be entitled to deny your use or your continued use of the PingPong Services if you fail or refuse to provide the information requested by us under this Section.
5.5 Account Credentials. For certain approved Platforms, you may request PingPong Account Credentials, which you will provide to such Platforms from which you wish to receive payment through PingPong Services. Your PingPong Account Credentials shall be unique to you and shall be provided to the Platform by you in order to properly receive and transfer Funds on your behalf. You shall keep the PingPong Account Credentials safe and strictly confidential. You must keep your PingPong Account Credentials secure and you must not disclose your PingPong Account Credentials to any third party. You shall be solely responsible for all activities conducted by any party using or accessing your PingPong Account whether such use or access is authorized or not and you shall further indemnify the Indemnified Persons (as defined below) for all losses of the foregoing in connection therewith.
5.6 Account History. We may make summaries of your PingPong Account activity available to you through the online PingPong Account portal.
(a) Information regarding settlements of Inbound Payment, Fees, and foreign exchange rates are typically displayed in the online transactions history in your PingPong Account. Such display shall constitute a request for confirmation by PingPong to you. You shall periodically review and validate the transaction information summarized for you by PingPong and notify PingPong of any error immediately upon discovery thereof. Your failure to notify PingPong within three (3) months from the day when the transaction statement was made available to you shall constitute an acceptance by you of the transactions listed in your PingPong Account.
(b) Except as required by Applicable Law, you shall solely be responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your PingPong Account and your use of the PingPong Services, and (b) checking all payment activity to and from your PingPong Account to ensure no unauthorized behavior has occurred. Except as required by Applicable Law, upon the termination of this Agreement for any reason, PingPong shall in no event be under any obligation to store, retain, report, or otherwise provide any copies of, or access to, any records, documentation or other information in connection with your PingPong Account or any transactions submitted by you through the PingPong Services.
5.7 Processing and Rejections. We will process only Transactions that we deem to be properly sourced and authorized. You acknowledge and accept that PingPong may, at any time, reject or limit payments in our sole discretion, or suspend access to your PingPong Account, in accordance with Applicable Law, instructions by regulator or internal compliance and risk management policies of PingPong. You agree that Transactions carried out pursuant to this Agreement may be subject to disclosure to competent authorities. You may, to the extent permitted by Applicable Law, access the information so disclosed where such information concerns you, provided such right to access does not undermine the purpose of the fight against money laundering or terrorist financing. You agree that you shall not bring any prosecutions, civil liability actions or any professional sanction against PingPong, its managers or employees who have reported their suspicions in good faith to the relevant authorities.
5.8 Restricted Use. You agree that in connection with your use of PingPong Services, you will not:
commit any breach of this Agreement, Privacy Policies or any other agreements that apply to you;
violate any Applicable Law or any laws or regulations of the country where you manufacture, purchase, store or sell your products or provide services;
engage in unlawful businesses or activities;
infringe or misappropriate the intellectual property rights or rights of publicity or privacy of PingPong or any third party;
Sell counterfeit goods or goods produced in whole or in part using child or forced labor;
Provide false, inaccurate or misleading information;
Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; or
Send or receive Funds that PingPong reasonably believes are potentially involved in money laundering, terrorist financing or other illegal activities.
If PingPong believes that you may have engaged in any of the above Restricted Uses, PingPong may, in its sole discretion, suspend or terminate your PingPong Account or refuse to provide you with any PingPong Services in the future. You shall further indemnify the Indemnified Persons for all of their respective losses in connection therewith.
5.9 Court Orders or Regulatory Actions. If PingPong is notified of a court order, regulatory action or equivalent legal or governmental process that affects your PingPong Account, we may be required to temporarily or permanently withhold or freeze all or some portion of the money in your PingPong Account, or release such money to third parties. PingPong will decide, in its sole discretion, what action is required in such circumstances. Unless the court order, Applicable Law, regulatory requirements or other legal process require otherwise, and only if permitted by Applicable Law, we will notify you of such actions. PingPong shall not be under any obligation to contest or appeal any court order or legal process involving you or your PingPong Account.
5.10 Compliance with Sanctions Regulations. You understand that PingPong will comply with all applicable sanction laws and regulations (“Sanctions Regulations”) enforced by various jurisdiction which shall include the People’s Republic of China, the Hong Kong SAR of the People’s Republic of China, the United States of America, the United Nations, the European Union and the United Kingdom. No PingPong Service shall be provided to any individual or entity which (a) prescribed as sanctioned; (b) subject to any sanctions; (c) violates any Sanctions Regulations; or (d) violates the internal compliance and risk management policies of PingPong. You shall strictly comply and be bound by the Sanctions Regulations and policies of PingPong and shall not use any PingPong Service to engage in any activity which violates or tends to violate the Sanctions Regulations, which shall include using PingPong Services to process Funds originating from or shipping to any persons, countries, organizations or other entities or related to activities or purposes prescribed as sanctioned or subject to any sanctions under the Sanction Regulations. Your violation of any of the foregoing provisions shall be a material breach of this Agreement, in which case PingPong shall be entitled to, in addition to other remedies available at law or in equity, suspend or terminate all or part of PingPong Services without compensation to you, and you shall indemnify the Indemnified Parties from all losses arising therefrom (if any).
6.1 Only Platforms or senders approved by PingPong may make payments
to your PingPong Account for the purposes permitted under the PingPong
Services. PingPong may approve such Platforms or senders at its sole
discretion. Inbound Payment that are not approved by PingPong may be
rejected in PingPong’s discretion. Any costs and expenses associated
with rejected payments shall be borne solely by you, as applicable.
You represent that the acceptance of Funds through the PingPong
Services shall in no event commit any breach of your Agreement with
the Platform or with any other party.
6.2 PingPong shall allow Funds to be received in U.S. dollars, Canadian dollars, euros, British pounds, Japanese yen, Singapore dollars, Australian dollars, Mexico pesos, UAE dirham, Hong Kong dollars, South Korean won, Swedish krona, South African rand, Swiss franc, Danish krone, Chinese yuan, Norwegian kroner, New Zealand dollar, Polish zloty, Czech koruna, Romanian leu, Indian rupees, Thai baht and Brazilian real. PingPong may, at any time at its sole discretion, enable or disable any currencies. Payment Accounts denominated in these currencies are held with banks established either in the country of origin of the currency or in another country.
6.3 You may provide your PingPong Account Credentials to the Platforms from whom you wish to receive payment through the PingPong Services. You acknowledge and confirm that the PingPong Services are not a bank account and you are not permitted to carry out any activity that falls outside of the scope of the PingPong Services. You agree not to conduct any direct communication with any bank that is involved in provision of the PingPong Services unless such communication is approved by an authorized representative of PingPong in advance in writing. Any direct contact with a bank or other payment provider regarding the PingPong Services may result in immediate termination of your use of the PingPong Services.
6.4 PingPong Services will only accept or send Funds via debit or wire transfer networks. PingPong Services do not support cash, credit card payments or checks for Inbound Payment and Outbound Payment.
6.5 You acknowledge and confirm that the time required for Inbound Payments to reach your Payment Account shall in no event be under PingPong's control. As an illustration only and not otherwise, payments typically arrive at your Payment Account within one (1) to three (3) Business Days from the date of remittance, but there is no guarantee thereof. If an Inbound Payment is not received within five (5) Business Days from the payment instruction of the relevant Platform, we may initiate an internal investigation on your behalf upon your request. You shall directly resolve any issues or disputes associated with Platforms and their policies with the Platform. PingPong shall in no event be under any obligation to resolve such issues or disputes for you.
6.6 PingPong shall use commercially reasonable efforts to inform you of Inbound Payments received to a Payment Account by updating your PingPong Balance within one (1) Business Day from the date of receipt of the Funds in the Payment Account.
6.7 If requested by a Platform or Service Provider, or if PingPong deems it necessary at its sole discretion, PingPong shall provide a receipt in the name of you, evidencing PingPong's receipt of Funds as instructed by you. You authorize PingPong to provide a copy of this Agreement as well as information regarding Inbound Transactions or Outbound Transactions to any Platform or Service Provider that requests information concerning the Merchant, Inbound Transactions or Withdrawal Transactions.
7.1 PingPong Services shall only be used as business-to-business
services and shall in no event be used for Consumer transmission.
Thus, you may receive Funds only in your Beneficiary Account as
approved by PingPong. PingPong may refuse to carry out any Withdrawal
Instruction that may involve sending Funds to any Beneficiary Account
that is not under your name, or to a bank account of which you are not
the beneficial holder. Unless otherwise expressly approved by us, you
shall be the sole accountholder of each of your Beneficiary Accounts.
7.2 After the completion of an Inbound Transaction and when your PingPong Balance is positive, you may submit a Withdrawal Instruction to instruct PingPong to transfer part or all of the PingPong Balance to your Beneficiary Account, net of Fees. The Withdrawal Instruction must include the following information:
(a) the amount requested in the currency corresponding to the Funds PingPong received from the Platform; and
(b) valid Beneficiary Account details.
7.3 With respect to Beneficiary Account details:
(a) You shall ensure that your Beneficiary Account information is true, accurate and complete. We shall in no event be held responsible for Funds being sent to the wrong bank account as a result of your provision of untrue, inaccurate or incomplete Beneficiary Account information. In the event that the payment is rejected due to untrue, inaccurate or incomplete Beneficiary Account information provided by you, you shall solely be responsible for relevant Fees and PingPong may directly deduct such Fees from your PingPong Balance. In case of any incorrect or misdirected payment, we shall take reasonable measures to assist you with tracing and, if reasonably feasible, recovering such payments, but we shall in no event be liable for any payments that cannot be recovered. All our additional costs in relation thereto shall be borne by you.
(b) You shall ensure that your Beneficiary Account is in good standing and able to receive Funds. If your Beneficiary Account bank rejects the Withdrawal Transaction from PingPong, Funds will be held with PingPong until a valid Beneficiary Account is provided. All costs associated thereto shall be borne by you.
(c) PingPong shall be entitled to reject any Beneficiary Accounts that do not comply with PingPong’s compliance requirements or if payments to such Beneficiary Account would violate Applicable Law. You shall provide other Beneficiary Account so that we can continue to provide the PingPong Services to you.
7.4 Once you submit a Withdrawal Instruction to PingPong to execute a Withdrawal Transaction and debit your Beneficiary Account with the amount of such Withdrawal Transaction, less all applicable Fees, the withdrawals to your Beneficiary Account shall be irrevocable and you will not be able to refund the Funds transferred into your Beneficiary Account.
7.5 After receiving a Withdrawal Instruction, PingPong will initiate a Withdrawal Transaction in the amount and currency you selected, less any Fees. Any Fees charged by the bank of your Beneficiary Account shall be your sole responsibility and PingPong shall not be liable for such fees.
7.6 PingPong reserves the right to offset from any PingPong Balance any amounts owed to PingPong by you, including, but not limited to, all Fees payable under this Agreement.
7.7 Withdrawal Instructions received by PingPong will be processed within one (1) to three (3) Business Days at the currency exchange rate as detailed in Section 9.3 below.
8.1 You shall ensure that any Outbound Payment Order be accompanied
with the following information, if applicable:
(a) the amount and currency under which of the Outbound Payment Order has to be executed;
(b) the name of the relevant Payee;
(c) the international bank account number or, where relevant, the payment account’s details of the relevant Payee; and
(d) any other information required by PingPong to proceed with the Outbound Payment Order, including the underlying transaction details and documents, which will include any information necessary for PingPong to comply with Applicable Law.
If you are an individual or entity in mainland China, Outbound Transactions are limited to transactions in respect of warehousing, logistics, taxation and other expenses allowed pursuant to Applicable Law incurred outside of China for the purpose of selling goods or providing services on the Platform. PingPong is entitled to review or further require you to supplement the supporting materials and may refuse to process your payment instruction based on internal compliance policies.
8.2 PingPong may refuse to execute an Outbound Payment Order in the event of technical issues or if the information provided by the Customer is untrue, inaccurate or incomplete. PingPong shall make reasonable detail regarding such refusal available to the Customer on such Customer’s PingPong Account as long as the relevant Outbound Payment Order is subject to such refusal.
8.3 The time of receipt of an Outbound Payment Order, the time of execution and the value date are determined as follows:
(a) Time of receipt. The time of receipt of an Outbound Payment Order is the time when the Outbound Payment Order is actually received by PingPong. If the Outbound Payment Order is received by PingPong after the cut-off time (set by PingPong’s contracting entity as described in Section 3 hereof) on a Business Day or on a day which is not a Business Day, the Outbound Payment Order shall be deemed to have been received on the immediate succeeding Business Day for such PingPong contracting entity. Once the Outbound Payment Order is received by PingPong, it shall be irrevocable.
(b) Time of execution. After receipt of an Outbound Payment Order, PingPong shall ensure that the amount of the Outbound Payment is credited to the payee's bank or payment service provider’s account at the latest by the end of the Business Day immediately succeeding receipt of the Outbound Payment Order.
(c) Value date. The debit value date for the Customer acting as payer shall be no earlier than the point in time at which the amount of the Outbound Payment Order is debited from the Payment Account.
(d) The time limits. The time limits prescribed above are usual time limits and apply subject to the Payment Account Balance being positive and showing sufficient Funds in order for PingPong to proceed with the requested Outbound Payment Order. For the sake of clarity, the foregoing time limits may be extended due to practical circumstances of which we shall inform you accordingly.
9.1 PingPong shall advise you of all Fees that may be charged by
PingPong against you through the PingPong Account. Acting reasonably,
and following notice to you, PingPong may from time to time adjust
existing Fees or introduce new Fees. You shall pay all Fees as from
time to time adjusted by us and your continued use of the PingPong
Services indicates your continued acceptance of such Fees. When we
adjust our Fees, we will publish the updated Fees in your PingPong
Account portal and may send you an email notification (if required).
If you have any questions or are unclear as to any Fees, you should
contact PingPong Customer Support.
9.2 Fees payable by you will be deducted from your Payment Account, and will be charged when the Transaction is executed. You hereby authorize and instruct us to so deduct such Fees.
9.3 Your Transaction may be subject to currency conversions. If the Transaction involves a currency conversion, such conversion will be completed at the foreign exchange rate at the applicable transaction time as determined by PingPong at our sole and absolute discretion. To avoid the fluctuation of foreign exchange rates, foreign exchange rates of each Transaction will be determined when such Transaction is processed by PingPong. As a result, and subject only to Applicable Law, the foreign exchange rate provided by PingPong prior to the execution of such Transaction is for reference only and the actual foreign exchange rate during the Transaction shall prevail. You acknowledge and confirm that you shall be bound by the applicable exchange rates from time to time.
10.1 If you wish to terminate your PingPong Account, you may simply
discontinue using the PingPong Services. This Agreement shall
terminate on the date when you close your PingPong Account and
discontinue use of PingPong’s Services. The provisions of this
Agreement relating to ownership, representations and warranties,
indemnity, jurisdiction and venue, and limitations of liability shall
survive termination of this Agreement.
10.2 PingPong may suspend or terminate your access to all or any part of the PingPong Services at any time, with or without cause. Where possible, we may provide at least seven (7) days’ prior notice by email, unless there are exceptional circumstances, or regulatory circumstances (including but not limited to court or governmental orders) causing PingPong to take immediate action, such as where we discover that you have provided false, misleading, untrue, incomplete or inaccurate information or have otherwise acted dishonestly; (b) you commit a breach of this Agreement or any other agreement you enter into with PingPong; (c) your PingPong Account has been compromised or for other security reasons; (d) you engage in fraud, money laundering, terrorist ﬁnancing or other illegal activities or we reasonably suspect the same; (e) you use PingPong Services illegally or fraudulently in violation of Applicable Law or we reasonably suspect the same; or (f) there are other grounds that PingPong considers it appropriate. Together with a termination/suspension notice, we may also provide instructions on how to withdraw remaining Funds, if it is not forbidden by Applicable Law.
10.3 When your PingPong Account is suspended or terminated, any further attempted use of the PingPong Services will result in your Funds being rejected and returned to the Platform, and may warrant notification to appropriate authorities. You are solely responsible for any fees incurred in connection with the rejected payments.
11.1 Your PingPong Account is deemed to be inactive if:
(a) the Payment Account has no Transactions during a period of twelve (12) consecutive months; and
(b) The Customer to whom the PingPong Account is registered, or its legal representative or authorized person, is not clearly, in any form whatsoever, participating in PingPong Services.
11.2 Three (3) months prior to reaching inactive status, we will send an initial notification to your email address on our records to request action, provide options for keeping your account active, and inform you of the consequences of not responding.
11.3 If you do not respond to our initial notice within three (3) months, and your PingPong Balance is zero, we will automatically close or freeze your PingPong Account, which blocks all Transaction.
11.4 If you do not respond to our initial notice within three (3) months, and your PingPong Balance is positive, we will make reasonable efforts to contact you with a final notice, after which your Funds will be considered “inactive”. Inactive PingPong Accounts may be subject to fees and charges as from time to time as announced by us, and will continue to be deducted until the balance is depleted, at which point your PingPong Account will be closed.
11.5 Please contact PingPong Customer Service if you have any questions about remaining Funds in your PingPong Account if it has been closed pursuant to this section, or if you are the legal representative of an incapacitated or deceased Customer.
12.1 You represent and warrant that you are not acting on behalf of,
or for the benefit of, anyone else, unless in case of a natural
person, opening the account for and under the direction of the company
or legal person or entity, that employs such a natural person.
12.2 You hereby undertake, until termination of this Agreement, to communicate promptly to PingPong any change in your business ownership, shareholding and directorship, business activities, post mail address, email address, phone contact details or any modification with respect to your account with the Beneficiary Account.
12.3 You shall provide us with all KYC information, business details and documents, transaction data and documents relating to all transactions relating to any Transaction within three (3) days from the date of our request.
12.4 In the event of a breach of the above provisions, you shall be liable to PingPong for the resulting damages and indemnify PingPong from any claims of third parties.
13.1 If you feel that we have not met your expectations in the
delivery of PingPong Services or if you think we have made a mistake,
you can file a complaint. General complaints can be made to PingPong’s
global customer service center by emailing at email@example.com or
calling at (+86) 400-601-6666.
13.2 Refer to Exhibit A for jurisdiction-specific complaint procedures.
14.1 You shall adequately protect your PingPong Account against any
loss, theft, misappropriation or unauthorized use of your PingPong
Account by safeguarding all IDs, passwords, and Account Credentials,
as well as your computer, mobile phone or other device.
14.2 You must contact Customer Support (see Section 3.3) immediately if any of following should occur:
(a) You become aware of any loss, theft, misappropriation or unauthorized use of your PingPong Account;
(b) You become aware of any unauthorized or erroneous Withdrawal Instruction or Transaction no later than three (3) months after the debit/credit date.
14.3 PingPong will provide appropriate means for you to make such notice and shall provide you with the means to prove, for eighteen (18) months following any notice, evidence of such notice.
15.1 In no event will PingPong, any Group member, or its or their
Service Providers, be liable with respect to any subject matter of
this Agreement under any contract, tort, negligence, strict liability
or other legal or equitable theory for: (A) (i) any special,
incidental or consequential damages, (ii) the cost of procurement for
substitute services, or (iii) for interruption of use or loss or
corruption of data; or (B) (i) with respect to any single event, more
than 5% of the Fees collected by PingPong from you for the 12 months
immediately preceding such event, and (ii) in the aggregate, more than
105% of the Fees collected by PingPong from you for the trailing
12-month period preceding the date of the most recent claim action.
PingPong shall have no liability for any failure or delay due to
matters beyond its reasonable control.
15.2 In respect of any Inbound Payment, you hereby release the Platform or the sender from liability for such payment as of when the Funds related thereto are actually received by PingPong and not as of that later time when the Funds are settled to you by PingPong.
15.3 Outbound Payment Orders can only be executed if they comply with regulatory standards. PingPong will not be held liable for any damages which could result from the non-execution or defective execution of an Outbound Payment Order where such non-execution or defective execution is due to the fact that the Customer provided information which was untrue, inaccurate, incomplete or incorrect. In the case of paying VAT in European Union, Outbound Payment Orders shall be executed according to the relevant Approved Payee’s international bank account number (IBAN) provided that such bank account is held with a bank in the European Union (the “Unique Identifier”). In the case of a discrepancy between the Unique Identifier provided by the Customer and any other information, PingPong may, without incurring any liability, rely solely on the Unique Identifier. In such case, the Funds under the relevant Outbound Payment Order transmitted by the Customer will be deemed to have been transferred to the intended beneficiary. If the Unique Identifier provided by the Customer is incorrect, PingPong will not be held liable for any damages which could result from the non-execution or defective execution of the Outbound Payment Order so long as PingPong has executed such Outbound Payment Order in accordance with the indicated Unique Identifier. The Customer will assume sole responsibility thereto and reimburse all costs of PingPong.
15.4 You acknowledge that PingPong may provide the PingPong Services using facilities provided by banks, payment service providers, clearing networks and other third-party payment processing services. No commercial agreement exists between the Service Providers and yourself and each of the Service Providers will accordingly have no direct liability to you.
15.5 We shall not be liable for any underlying sales transactions occurring on the Platform between either you or a Buyer. It is your responsibility to ensure that you only make payments to or receive payments from persons or entities related to commercial transactions in compliance with your applicable legal obligations. PingPong has no influence on the underlying process of buying or selling goods, and no legal relationship with the Platform or Buyers, and will not be made liable to or in respect of any Buyer or Platform or for the underlying products or services being sold or bought, nor for the correct completion of any sale or purchase of goods or services. You assume exclusive responsibility for your product and your obligations to Buyers and Platforms, and shall indemnify and hold PingPong harmless from any claim by any of them against PingPong. The sale of counterfeit goods or goods breaching intellectual property rights can also lead to legal action by rights holders and a potential loss of Funds. If you are in doubt as to the legality of a transaction you should not continue with your payment.
15.6 You shall be solely responsible for reporting to all applicable government tax authorities all Funds underlying your use of the PingPong Services and for the payment of any applicable taxes that apply to such payments as well as any other applicable reporting requirements including, but not limited to, any customs or foreign currency controls. PingPong may request you to provide proof of payment of taxes as and when it considers necessary and appropriate. To the extent permitted by Applicable Law and unless otherwise expressly agreed to in writing by PingPong, you shall be solely liable for, and you shall indemnify the Indemnified Persons against, any tax withholding required in connection with your use of the PingPong Services.
15.7 Neither party shall be held liable or considered to have failed under these rules in case of late or non-performance when their cause is related to a force majeure situation as defined by the governing law defined in Section 3.
15.8 All of Section 15 of this Agreement shall survive termination hereof.
16.1 We will ensure that all your personal information is held in
accordance with the data privacy and security provisions of Applicable
of these Terms and Conditions. Please make yourself familiar with the
16.2 YOU ACKNOWLEDGE AND AGREE THAT PINGPONG RESERVES THE RIGHT TO ACCESS AND DISCLOSE PERSONAL DATA RELATING TO YOU TO THRID PARTIES TO COMPLY WITH ALL APPLICABLE LAWS AND LAWFUL REQUESTS FROM GOVERNMENT OR OTHER REGULATORY AUTHORITIES, OR TO PROVIDE SERVICES OF PINGPONG OR PROTECT PINGPONG, ITS CUSTOMERS OR OTHER USERS.
17.1 Availability of Agreement. The terms of this Agreement have been
made available to you prior to its commencement and remains available
thereafter on our Website. At any time during the contractual
relationship, you have a right to receive, on request, the terms of
this Agreement on a durable medium.
17.2 Changes to Agreement. We update the PingPong Services from time to time, and that means sometimes we have to change the terms of this Agreement. PingPong, at its sole discretion, may amend, revise or update this Agreement. Subject to any restrictions set forth in the Jurisdiction-Specific Terms, such changes will come into effect immediately upon publication thereof. If we make any material changes, we shall notify you via email or other means. If you disagree with our changes, then you should stop using the PingPong Services and close your PingPong Account. Your continued use of our PingPong Services will be subject to the new terms. However, any transaction or dispute that arose before the changes shall be governed by the Agreement that was in place when the dispute arose.
17.4 Prevention of Money Laundering and Terrorist Financing. PingPong is subject to Applicable Law regarding the fight against money laundering and the terrorist financing. As a result, PingPong reserves the right to obtain information from you, including, but not limited to, information about your identity, business transactions, business relationships, or financial information. In addition, PingPong must take all the steps necessary to identify you and, where appropriate, the beneficial owner of the PingPong Account or any Inbound Payment linked to the PingPong Account. You acknowledge that PingPong may terminate or postpone, at any time, the use of login details, access to an Account or execution of a transaction in the absence of any sufficient information about its purpose or nature.
17.5 Severability. Should one or several provisions of these general terms and conditions be or become invalid or prove to be unenforceable, this shall not affect the validity of the other provisions. In this case, the contracting parties shall replace the invalid or unenforceable provision by another provision that comes closest to the economically intended purpose. The same applies in the case of a regulatory gap.
17.6 Indemnification. You shall indemnify PingPong and its Group Companies and its and their respective directors, officers, employees, contractors, agents, representatives and authorized persons (collectively “Indemnified Persons”) for and keep the Indemnified Persons fully and effectively indemnified against (a) all direct and indirect damages (including accounting, legal and other professional advisors’ fees) incurred by the Indemnified Persons in connection with any breach of the terms and conditions herein by you or the Indemnified Persons’ enforcement thereof; or (b) any claim, proceeding, damages (including accounting, legal and other professional advisors’ fees) incurred by the Indemnified Persons in connection with the provision of any of the PingPong Services, whether or not arising from or in connection with your improper use of such PingPong Services or any damages to the Indemnified Persons (or their respective assets, computer hardware, devices, facilities or software) as a result of performing such PingPong Services.
17.7 Disclaimer of Warranties. The PingPong Services shall be provided on an “as is” basis. PingPong and its Service Providers hereby disclaim all warranties of any kind, express or implied, including the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PingPong nor its Service Providers, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our PingPong Services at your own discretion and risk.
17.8 Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction specified in Section 3.1 with reference to the Accounts Jurisdiction (“Governing Law Jurisdiction”). Subject to the Jurisdiction-Specific Terms, the parties hereby submit to the non-exclusive jurisdiction of the courts of the Governing Law Jurisdiction.
17.9 Interpretation. In this Agreement, headings are inserted for ease of reference only and shall not affect the meaning of the terms of this Agreement; any phrase introduced by the terms "include", "including", "for example" or any similar expression will be construed as illustrative, not exhaustive, shall be deemed to be followed by "without limitation" and shall not limit the sense of the words prior to such term; references to a statute or statutory provision include, unless the context requires otherwise, a reference to that statute or statutory provision as from time to time amended, modified, extended, re-enacted, consolidated and all statutory instruments, orders, bylaws, directions and notices made pursuant to it made before or after the date of this Agreement; the word "or" is not exclusive; pronouns in the masculine, feminine or neuter genders will be construed to state and include any other gender, and words, terms and titles (including the terms defined herein) in the singular form shall be construed to include the plural, and vice versa, unless the Agreement otherwise specifies; the words "this Agreement", "herein", "hereby" and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited; the language used in this Agreement shall be deemed to be the language chosen by the Parties to express their mutual intent, and no rule of strict construction shall be applied against any Party. These Terms and Conditions were originally written in English. While we may translate these Terms and Conditions into other languages or offer customer support in languages other than English from time to time, in the event of a conflict or discrepancy between a non-English version of these Terms and Conditions or a communication from PingPong and the English version of these Terms and Conditions or communication from PingPong, the English version will prevail.
The following terms apply to certain Account/Customer Jurisdictions and shall be deemed to be included in and form a part of the PingPong Terms and Conditions. To the extent any conflict exists between these country-specific terms and the PingPong Terms and Conditions, the provisions of these country-specific terms will prevail to applicable Customers. By using services in connection with the Account Jurisdictions below, you agree to be bound by the terms and conditions set out below, as well as the PingPong Terms and Conditions.
1. Clause 5.3 is deleted and substituted with the following:
“5.3 We are not involved in any underlying sales transaction between the Buyer and you or the Platform. You will direct the Platform to pay amounts it receives for you to a bank account of PingPong nominated by us. Upon receipt of funds from the Platform, to PingPong’s bank account, we will become obliged to pay you an amount equal to what we receive, less our applicable fees and charges. We will arrange for the relevant amount to be credited to the bank account that you nominate. We do not hold the funds paid to PingPong’s bank account on trust for you. We may use the services of one or more Group Companies or Service Providers to provide the PingPong Services.”
1. PingPong Europe S.A. is a registered Luxembourg S.A. in the
Registre de Commerce et des Sociétés of Luxembourg under the
registration number B211775 duly licensed in Luxembourg as an
Electronic Money Institution under the prudential supervision of the
Commission de Surveillance du Secteur Financier ("CSSF") with CSSF
registration number W00000014. The CSSF maintains a register of the
organisations that it regulates at
http://supervisedentities.cssf.lu/index.html?language=en#Home; you can
look up PingPong by name.
2. In other to provide you better payment service, you hereby authorize and instruct PingPong Europe S.A. to send all the funds available in your Payment Account with PingPong Europe S.A. to other PingPong Group companies’ Payment Account, unless you expressly make a written request to PingPong Europe S.A. to keep such funds in the Payment Account under PingPong Europe S.A.
3. “Applicable Law” relates to Luxembourg laws, specifically the following:
a. The Luxembourg law of 10 November 2009 on payment services, on the activity of electronic money institution and settlement finality in payment and securities settlement systems, as amended.
b. Data protection laws, specifically the Regulation (EU) 2016/679 ("GDPR") dated 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
c. Money laundering laws, meaning (i) the Luxembourg law dated 12 November 2004 on the fight against money laundering and terrorist financing, as amended, and (ii) the Grand-ducal Regulation of 1 February 2010 providing details on certain provisions of the amended law of 12 November 2004 on the fight against money laundering and terrorist financing, as amended and supplemented from time to time.
4. Clause 10.2 is replaced as follows:
“10.2 PingPong may suspend or terminate your access to all or any part of the PingPong Services at any time, with or without cause. Where possible, we will provide at least two (2) months’ prior notice by email, unless there are exceptional circumstances, or regulatory circumstances (including but not limited to court or governmental orders) causing PingPong to take immediate action, such as where we discover you have provided false, misleading, incomplete or inaccurate information or have otherwise acted dishonestly; (b) you breach this Agreement or any other agreement you enter into with PingPong; (c) your PingPong Account has been compromised or for other security reasons; (d) you are engaged in fraud, money laundering, terrorist ﬁnancing or other illegal activities or we reasonably suspect the same; (e) you use PingPong Services illegally or fraudulently in violation of Applicable Law or we reasonably suspect the same; or (f) there are other grounds that PingPong considers it appropriate. Together with a termination/suspension notice, we may also provide instructions on how to withdraw remaining funds, if it is not forbidden by Applicable Law.”
5. Clause 17.2 is replaced as follows:
“17.2 Changes to Agreement. We are constantly updating the PingPong Services, and that means sometimes we have to change the terms of this Agreement. PingPong, at its sole discretion, may amend, revise or update this Agreement. If we make major changes, we will notify you via email or other means two (2) months before the changes take effect. If you disagree with our changes, then you should stop using the PingPong Services within the designated notice period. Otherwise, in absence of such notification before the proposed date of their entry into force, you will be deemed to have accepted those changes if you continue to use PingPong Services. Your continued use of our PingPong Services will be subject to the new terms. However, any transaction or dispute that arose before the changes shall be governed by the Agreement that was in place when the dispute arose.”
6. Pursuant to this Agreement, PingPong will act as payment service provider (“prestataire de services de paiement”) under the Applicable Law and you will act as beneficiary (“bénéficiaire”) under the Applicable Law, and the Payment Account will be a payment account (“compte de paiement”) as defined in paragraph 5) of article 1 of the Applicable Law and for the purposes of the Applicable Law. The relevant Platform will act as payer (“payeur”).
7. The Customer hereby acknowledges, pursuant to article 10 (2) of the Applicable Law, that the Payment Accounts designated through use of the PingPong Services do not constitute deposit accounts, that they may not be used as such, and that Funds received in Payment Accounts benefit from the legal framework applicable to deposit accounts.
8. Under article 99 of the Applicable Law, the credit value date for you as payee shall be no later than the Business Day on which the amount of the valid Inbound Payment is credited to your PingPong Balance. The Funds received to your designated Payment Account from a Platform shall be immediately available for you. The delays in this paragraph shall be adapted to reflect the delay of article 99 (1) of the Applicable Law if this legal delay is reduced.
10. No Consumer Services. The Customer and PingPong hereby agree, and the Customer acknowledges, to waive the provisions of the Applicable Law that may, under such Applicable Law, be set aside where the user of a payment service is not a consumer, and including the provisions as contemplated in article 59 and 78 of the Applicable Law (or any provisions replacing these articles in case of amendment of the Applicable Law).
11. Complaints. For complaints related to E.U. services, we have internal procedures for handling and investigating complaints fairly and promptly in accordance with regulatory requirements. Should you not be satisfied with our response, you may choose to escalate your claim to senior management or to the financial sector regulator in Luxembourg. Please refer to our Customer Compliant Policy.
1. Applicable Law means any applicable law, regulation, directives or
generally accepted practices or guidelines from time to time issued by
any regulatory authority, or any other jurisdictions applicable to
your use of the PingPong Services, including laws governing payment
services including anti-money laundering or terrorist financing
requirements, data protection laws, anti-discrimination, false
advertising, gambling, illegal sale or purchase or exchange of any
goods or services, and those related to export/import activity, taxes
or foreign currency transactions. The relevant laws, regulations and
guidelines in Hong Kong shall include:
a. Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615)
b. Drug Trafficking (Recovery of Proceeds) Ordinance (Cap. 405)
c. Organized and Serious Crime Ordinance (Cap. 455)
d. United Nations (Anti-Terrorism Measures) Ordinance (Cap. 575)
e. United Nations Sanctions Ordinance (Cap. 537)
f. Weapons of Mass Destruction (Control of Provision of Services) Ordinance (Cap. 526)
g. Guideline on Anti-Money Laundering and Counter-Financing of Terrorism (For Money Service Operators)
2. Consumer under this Agreement shall refer to consumers as interpreted in the Sale of Goods Ordinance (Cap.26).
3. Ping Pong Global Holdings Limited is registered with Customs & Excise Department as Money Service Operator since 2016.
4. Section 17.8 of this Agreement shall be deleted in its entirety and be replaced as follows:
5. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of Hong Kong and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.
6. Section 5.8 of this Agreement shall be extended to cover the following scenarios:
apply your Payment Account as a e-wallet or any form of stored value facility;
apply your Payment Account to hold funds for a period exceeding the time allowed under Applicable Law in Hong Kong.
7. Section 4.4 of this Agreement shall be deleted in its entirety and be replaced as follows: “PingPong is not a bank or a credit institution or a stored value facilities licensee and it does not accept any deposit from you, accept any stored value from you nor pay any interest to you on your Funds/PingPong Balance. By accepting these Terms and Conditions you acknowledge that PingPong is authorized to retain any interest that arises with respect to the sum of any Funds held in PingPong’s bank account(s). You further acknowledge that the Payment Account does not qualify as a deposit account as defined by relevant laws and regulations, and thus Funds held in your PingPong Account or in the process of Transaction are not insured. However, PingPong shall strictly adhere to applicable requirements that ensure the liquidity and protection of Funds held on your behalf. PingPong may, at its sole and absolute discretion, settle your PingPong Balance to your Beneficiary Account or conduct refund to the originator’s account (as the case may be) at any time at the sole and absolute discretion of PingPong if the PingPong Balance is not withdrawn or applied by you for a period of 180 days.”
8. A new Section 8.4 of this Agreement shall be added immediately after Section 8.3: “You may need to deposit immediately available funds into your Payment Account to ensure that you have sufficient PingPong Balance for us to execute the Outbound Payment Order(s). For the sake of convenience only but not otherwise, subject to section 4.4, if you have a series of Outbound Payment Orders which will be executed within a specific period of time (which shall in no event exceed 90 days), and if you wish to prefund such funds to your Payment Account, you may make such arrangements provided always that such funds shall in no event be considered as deposit or stored value under Applicable Law. If the funds (or any part thereof) are not used within a period of 180 days from the date of deposit, we may handle such funds (or any part thereof) in accordance with section 4.4.”
1. “Applicable Law” relates to Japan laws, including:
a. Act on Regulation of Transmission of Specified Electronic Mail of Japan (Act No. 26 of April 17, 2002)
b. Act on the Protection of Personal Information (Act No. 57 of May 30, 2003)
c. Foreign Exchange and Foreign Trade Act (Article 55-10 unenforced, etc.)
2. You authorize PingPong to receive funds on your behalf in Japan as part of the bill payment services (Shuno Daiko).
3. At the conclusion of Inbound Transactions in Japan, or the time of PingPong’s receipt of Inbound Payment from Platforms in Japan, the obligation of such Platforms (on behalf of buyers of goods or services in commercial transactions) to you (as seller or service provider) for such funds shall be deemed to be satisfied unless otherwise stipulated.
4. Any decimal of the Fees will be rounded down to zero.
1. Applicable Law includes:
a. Bank Secrecy Act (BSA), as amended by the USA PATRIOT Act (2001)
b. Administrative rulings and guidelines issued by the Financial Crimes Enforcement Network (FinCEN) applicable to money services businesses
c. State-specific money transmitter regulations
d. Office of Foreign Assets Control (OFAC) Regulations
2. PingPong Global Solutions Inc. is registered with FinCEN as Money Service Business since 2015.
3. Clause 4.5 is replaced as follows: “4.5 PingPong is an independent contractor that provides the PingPong Services to PingPong Customers. You duly appoint PingPong, and PingPong agrees to act, as your agent to handle the Funds and all relevant matters, pursuant to this Agreement. PingPong does not act as a fiduciary, trustee or escrow holder fiduciary, trustee or escrow holder on your behalf or the Platform’s behalf.
4. Clause 15.2 is replaced as follows: “15.2 In respect of any Inbound Payment, PingPong acts as your agent to receive Funds from Platform, you hereby acknowledge and release the Platform from liability for such payment as of when the Funds related thereto are received by PingPong and not as of that later time when the Funds are settled to you by PingPong.”
5. Clause 11.4 is replaced as follows: “PingPong will determine the escheatment requirement of the fund in the inactive PingPong Account based on the applicable states law, at which time the fund in PingPong Account may be deemed “unclaimed property”. Where required, PingPong will send you a notice prior to escheating any funds in your inactive PingPong Account. PingPong will determine your state of residency based on the state listed in the address for your PingPong account. If your address is unknown or registered in a foreign country outside United States, the funds in your PingPong account, will be escheated to the State of New York. Where required, PayPal will send you a notice prior to escheating any funds in your PayPal account. If you fail to respond to this notice, the funds in your PingPong Account, will be escheated to the applicable state. If you would like to claim any escheated funds from the applicable state, please contact the applicable state’s unclaimed property administrator.”
PingPong acts as an Online Payment Gateway Service Provider (“OPGSP”)
(as prescribed by the Reserve Bank of India) (“OPGSP”) in India for
the purpose of facilitating certain payment services. The customer in
India may be eligible to use PingPong Services to conduct Inbound
Transactions and Withdrawal Transactions (but not to make Outbound
Transactions) via PingPong as OPGSP, as described in the foregoing
Terms and Conditions, subject to the terms set forth below.
If you are a registered user of PingPong, you may use the PingPong Services in India to receive payments in consideration of export by you of goods or services of value not exceeding the equivalent of US$10,000 per transaction, as may be amended from time to time (“Eligible Inbound”). You may use the PingPong Services for export of such goods and services as permitted under the laws of India, including but not limited to the prevalent Foreign Trade Policy of India, and in all cases only for lawful and valid transactions and not for any prohibited transaction as detailed in the Terms and Conditions.
When withdrawal, you must indicate the purpose of the transactions underlying the Eligible Inbound, as requested under India regulations to enable collection of data relating to the transactions as foreign exchange transactions. Failure to provide PingPong with accurate information shall be your sole responsibility. We will not be liable for withdrawn funds being sent to the wrong bank account as a result of you providing incorrect details. Providing inaccurate information regarding your bank account may result in rejection of funds or blocking your use of PingPong Services.
Eligible Inbound received by PingPong on your behalf as OPGSP will be maintained in a Nostro collection account of an Authorized Dealer Bank in India, until being transferred exclusively to your designated bank account subject to the applicable law.
Notwithstanding the foregoing, you may use PingPong Outbound Services of VAT to pay your VAT bill to tax authority, and the amount equal to the underlying amount of your VAT payment will be redirected to the VAT authority, instead of being transferred to your bank account.