TERMS OF SERVICE

1. INTRODUCTION

1.1 Welcome to the ShopeePay Platform (the "Platform"). This Terms of Service is a contract between you and ShopeePay (Thailand) Co., Ltd. and it governs your use of all Services. Please read the following ShopeePay Terms of Services (“Terms of Service”) carefully before using this Platform or opening an e-wallet ShopeePay account ("Account") and regularly check this Terms of Service so that you are aware of your legal rights and obligations with respect to us and our affiliates and subsidiaries (individually and collectively, "Company", "we", "us" or "our").

1.2 BY USING THE SERVICES OR OPENING AN ACCOUNT, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE PLATFORM. IF YOU ARE BELOW 20 YEARS OLD, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THIS TERMS OF SERVICE. IF YOU DO NOT UNDERSTAND THIS SECTION 1.2, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THIS TERMS OF SERVICE ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR SERVICES, INCLUDING ANY TRANSACTION MADE BY THE MINOR, WHETHER THE MINOR'S ACCOUNT IS NOW OPEN OR CREATED LATER AND WHETHER OR NOT THE MINOR IS SUPERVISED BY YOU DURING HIS OR HER USE OF OUR SERVICES.

1.3    If we change this Terms of Service, we will notify you by posting the changes and the amended Terms of Service on our Platform, and we reserve the right to amend this Terms of Service at any time. However, for the change of the Terms of Service that could cause any disadvantages to users in accordance with applicable law, we will notify you at least thirty (30) days in advance. To the fullest extent permissible under applicable law, your continued use of the Services (as defined below in Section 2.1) or Platform, including placing of any transaction orders under your Account, shall constitute your acknowledgment and acceptance of the changes made to this Terms of Service.

 

1.4 We reserve the right at all times to change, modify, suspend or discontinue the Platform or any portion of the Services, including payment methods, temporarily or permanently, without notice to you or giving any reason. We may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. We may also impose limits on certain features or restrict your access to the Platform or the Services in our sole discretion and without notice or liability.

1.5 We reserve the right to refuse to provide you access to the Platform or the Services or to allow you to open an Account for any reason.

2. SERVICES

2.1 The services we provide or make available include (a) the Platform, (b) the services provided through the Platform and by the Company’s software clients (“Software”), and (c) all information, websites, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including without limitation any mobile application services) or other materials made available through the Platform or our related services ("Content") (collectively, the “Services”). Any new features added to or augmenting the Services are also subject to this Terms of Service. The Services include but not limited to a one stop solution for: (i) the provision of E-wallet solutions, (ii) online payment processing services such as making payments to participating 3rd parties such as charities, businesses, telecommunications companies, utility companies, etc. (“3P Merchants”), and (iii) peer to peer transfer of funds.

2.2 Our Services are designed to facilitate registered users using our Platform (“Users”) to place, accept, conclude, manage and fulfil orders for the provisions of products and services online within the Platform (“Transactions”). We reserve the right to introduce new features, functionalities or applications to the Services or future versions of the Service. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Terms of Service unless otherwise stated.

2.2.1 E-Wallet Service

You may add funds to your Account using the following methods:

(a) Bank Transfers

You may direct your bank to allow the Platform to transfer funds to and/or from your designated bank account. To assist you in this aspect, a step by step instruction will be provided and the same may be located within the Platform under the “Add Bank Account” section. You will be required to verify certain personal information to activate the E-Wallet Service. By activating the E-Wallet Service, you confirm that (a) you have provided us with your consent to use your personal information in connection with the Services; (b) you are legally authorised to access the bank account(s) you have linked to your Account; and (c) you will pay or allow us to deduct from your Account all fees and charges associated with the use of the Services.

(b) Shopee Counter

Shopee Counter is a physical over the counter service provided by an authorised agent at selected locations (“Shopee Counter”). You may add funds to your designated Account by way of cash payment by visiting your nearest local Shopee Counter. To do so, you may perform a direct top-up of funds by providing your registered mobile phone number at the Shopee Counter.

(c) Credit / Debit Card

You may link your credit/ debit card such as Visa, MasterCard etc. to your Account and use it to top-up funds to your Account. To link your credit/debit card to your Account, you need to input your credit/ debit card details in the “Add credit / debit card” tab. By linking your credit/ debit card, you agree that you will pay or allow us to deduct from your selected card all fees and charges associated with the use of the Services.
Your credit/ debit card details will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the service you have requested. This excludes the transfer of your credit/ debit card data to any third party payment processing company. The third party payment processing company stores all of your credit / debit card details and the same is transferred to their secure storage.
You agree to be responsible for the top-up to your Account by credit/debit card transaction. You acknowledge and agree that once the credit/debit card top-up transaction is completed, you cannot deny your responsibility and/or reject/revoke/refund/chargeback the transaction, whether as a request to us or the card-issuing bank. You therefore acknowledge and agree that you are able to use the funds in your Account according to these Terms of Service without the need for cancellation of the top-up transaction.

(d) Other channels

We may allow other channels for adding funds to your Account, which we will announce and/or notify you such available channel accordingly. The general terms and conditions for using such service are in accordance with this Terms of Service, and if there are specific terms and conditions for each channels for adding funds to your Account, we will notify you through our channels accordingly.

You acknowledge and agree that no liability shall be incurred by us if we are unable to complete any top-up and/or transfers initiated by you for any reason beyond our control such as:

a. If, through no fault of ours, your Account (or your bank account in case of top-up) does not contain sufficient funds or if the top-up and/or transfer would exceed the transactional limit set for your Account or your bank account;

b. Our payment processing centre is not working properly and you know or have been advised by us about the malfunction before you execute the transfer;

c. You have not provided us with the correct Account information, or information that you provided becomes incorrect; and/or

d. Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force), even if foreseeable or foreseen, that prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.

Subject to this Section, and provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Account or causes funds from your Account to be directed in a manner inconsistent with instructions you have properly provided to us, you agree that your sole remedy shall be to seek to have the wrongly deducted sum returned to your Account and you shall not be entitled to any compensation for damage.

We reserve the right to set a minimum top-up amount to your Account through each top-up channel and to charge top-up fee for each top-up channel to your Account in accordance with the Fee Schedule. (https://help.cs.shopeepay.co.th/portal/100/article/70970)

2.2.2 Payment Processing Services

You may make payment(s) to 3P Merchants through our Platform and/or the Service through your Account, whereby the payment conditions will be in accordance with  the conditions set by the respective 3P Merchants, including the minimum spending for making the payment through our Services. By using our Services, you agree that we may use all information, including personal and billing information, provided by you to us in the course of using the Services (“Payment Instructions”). You acknowledge and agree that it is your sole responsibility to ensure that all your Payment Instructions are complete and accurate in all respect and you understand that time is required to process your Payment Instructions. The Payment Instructions provided by you will be treated as final and we will not be required to verify the Payment Instructions with you. Further, by providing us with your Payment Instructions, you agree to pay or allow us to deduct from your selected source of funds all fees and charges associated with your Payment Instructions.

We are a payment agent and we are not made aware of any agreement made, or rights and obligations between you and the biller (“Customer/Biller Agreement”). In that connection, we will not be liable for any damages arising out of the breach of Customer/Biller Agreement. You acknowledge and agree that it is your sole responsibility to ensure that all your Payment Instructions are correct, complete and accurate in all respect before you instruct us to make payment on your behalf.

As you are aware, time is required to process your Payment Instructions. For bill payments, we will recommend that you provide us with your Payment Instructions at least three (3) business days prior to the due date of any bill. We will not be responsible for any late payment penalty or charges incurred by you in the course of using the Services.

Payment to 3P Merchant and Creditor

We are solely a payment agent and we do not hold any stock in our inventory. All feedbacks and complaints about your purchases should be directed to the relevant 3P Merchant.

Your Payment Instructions may be made through: (i) your Account balance / Shopee Counter, (ii) bank transfer, (iii) debit/credit card payment, or (iv) credit account linked with your ShopeePay Account

           (i) Account balance / Shopee Counter

You may use funds from your designated Account to make payments or purchases. You may top-up your Account balance via bank transfer or by visiting your nearest local Shopee Counter and performing a direct top-up of funds by providing your registered mobile phone number at the Shopee Counter.

           (ii) Bank Transfer

You may direct your bank to allow the Platform to transfer funds from your designated bank     account to make payments. To assist you in this aspect, a step by step instruction will be provided and the same may be located within the Platform under “Add Bank Account”. You will be required to verify certain personal information to activate the Services. By activating the Services, you confirm that (a) you have provided us with your consent to use your personal information for the Services; (b) you are legally authorised to access the bank account(s) you have linked to your Account; and (c) you will pay or allow us to deduct from your selected source of funds all fees and charges associated with the use of the Services.       

           (iii) Credit Card and Debit Card

You may link your credit/ debit card such as Visa, MasterCard etc. to your Account and use it to make payments to 3P Merchants. To link your credit/debit card to your Account, you may input your credit/ debit card details in the “Add credit / debit card” tab. By linking your credit/ debit card, you agree that you will pay or allow us to deduct from your selected card all fees and charges associated with the use of the Services.

Your credit/ debit card details will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the service you have requested. This excludes the transfer of your credit/ debit card data to any third party payment processing company. The third party payment processing company stores all of your credit / debit card details, and the same is transferred to their secure storage.

You are not allowed to use your credit / debit card for the following:

(i) credit card bill payments; and / or

(ii) to conduct peer to peer transfer of funds.

(iii) Credit Account linked with your Account

You must have a credit account with a credit provider that the Company allows to connect to your Account in order to select as a payment channel by using a credit account linked to your Account. When you have chosen to pay for products/services through this payment channel, you authorize the Platform to access and check your available credit limit of your credit account and deduct funds from your credit account linked to your Account to make payments for such products and/or services to 3P Merchants which are designated by the Company. In addition, you are not allowed to use your credit account to pay for the following:

    (i) credit card bill payments; and / or

    (ii) to conduct peer to peer transfer of funds.

You will be required to verify certain personal information to activate the credit account linked to your Account. By activating this services, you confirm that (a) you have provided us with your consent to use your personal information for the services; (b) you are legally authorised to access the credit account you have linked to your Account; and (c) you will pay or allow us to deduct from your selected source of funds all fees and charges associated with the use of the services.

You acknowledge and agree that we are a payment agent and we are not made aware of any agreement made, or rights and obligations between you and the credit provider. Terms and conditions for the use of the credit shall be in accordance with your agreement made between you and such credit provider. In that connection, we will not be liable for any damages arising out of any breach of the credit facility agreement between you and such credit provider.

2.2.3 Peer to Peer Transfers

Peer to Peer transfer of funds ("P2P") may be made available to you at our sole discretion. If you use P2P, you acknowledge and understand that:

(i) We may require that you provide more information in order to complete a transaction and we will not be able to process the transaction until you provide us with the information requested.

(ii) If you receive and accept a P2P transfer you are liable to us for not only the transfer but also any fees that may result from a later invalidation of that transfer for any reason, such as in event where the transfer is reversed. You acknowledge and agree that we are entitled to recover any amounts due to us and irrevocably authorise us to debit any amount due to us from your Account balance without notice to you. If your Account balance is insufficient to cover this amount, we reserve the right to charge your Payment Instrument or take any other legal action to collect the funds to the full extent allowed by applicable law.

(iii) You are using P2P at your sole risk and we assume no responsibility for the underlying transaction of funds, or the actions or identity of any transfer recipient or sender. Any dispute arising from funds transferred via P2P is strictly a private matter between the Users.

(iv) The use of P2P may subject you to fees including without limitation those from third parties, such as reversal charges or other fees for insufficient funds if your attempted payment is rejected.

(v) P2P must be used in compliance with applicable law and may not be used in connection with any illegal or illicit transaction. If we become aware of any illegal or illicit transactions, we reserve the right to take action including without limitation the following, without notice to you: place a hold on your transactions; place a reserve on your funds; limit your ability to use the Services; report the activity to authorities; or deactivate your account entirely.

2.2.4 Payment Methods

(i) You can keep and manage various kinds of payment methods under Section 2.2.2 above in your Account (collectively, “Payment Methods”). Availability of a given Payment Method or its compatibility with ShopeePay may depend on your Payment Method and other factors and may change at any time.

(ii) You may be able to save a Payment Method to your Account through the Shopee application or website, the ShopeePay application or website or the Payment Method issuer’s application or website. In order to save a Payment Method, you must complete required information on any registration forms presented to you. The information that you provide must be current, complete and accurate, and you must maintain it as such. We may require you to provide additional information as a condition of continued use of ShopeePay, or to help us determine whether to permit you to continue using ShopeePay. When you save a Payment Method, ShopeePay may store information relating to the Payment Method, such as your name, user ID, phone number, account number, account information,  and billing address or delivery address, and other information relating to your account, and share such information with Shopee, to be reflected in the Shopee application or website. ShopeePay reserves the right to modify, suspend, cancel and/or set any conditions, including but not limited to setting minimum spending amounts, for any Payment Method.

(iii) Where you provide consent to us to link or save any Payment Method to your Account, you consent to us sharing such Payment Method information with any payment processor, payment gateway, payment facilitator or other payment intermediary, channel or service provider for purposes of storing such Payment Method information and processing payments using such Payment Methods.

(iv) Where your Account is linked with your Shopee Account in accordance with Section 6.11, your saved Payment Methods will be able to be used in both your Account and your Shopee Account, and you may use the saved Payment Method on the Shopee application or website or on the ShopeePay application or website. Shopee’s services are provided pursuant to the terms, conditions and policies of use of service as determined by Shopee. By activating a Shopee Account and using Shopee services, you shall agree to the terms, conditions, and policies as determined by Shopee, and you hereby provide ShopeePay with your consent to transfer your saved Payment Methods in ShopeePay’s possession and/or under ShopeePay’s control to Shopee for the purpose of activating a Shopee Account, and to manage, operate, administer and provide Shopee services to you, and for all related and incidental purposes. The collection, use and processing of Users' data is governed by the Shopee Privacy Policy and ShopeePay Privacy Policy, respectively.

(v) Where we notify you that your saved Payment Methods will be charged in a specific order (“Payment Method Sequence”) for payments to merchants to whom you have linked your ShopeePay Account to ("Linked Services"), the first Payment Method in the Payment Method Sequence will be charged first, followed by the next Payment Method in the Payment Method Sequence (if the first Payment Method fails due to insufficient funds or other reasons), and so on, in the order in which the Payment Methods are listed. You hereby acknowledge and agree to such sequential payments being made for Linked Services and in the order in which your saved Payment Methods are listed. You acknowledge and agree that you will at all times maintain your saved Payment Methods for Linked Services in the order in which you agree to payments being deducted, and you may change the Payment Method Sequence at any time in your Account. You further acknowledge and agree that if you do not change the Payment Method Sequence, your saved Payment Methods will be charged in accordance with the pre-determined Payment Method Sequence set by us at our sole discretion.

(vi) Except where ShopeePay or its affiliate is the issuer, neither ShopeePay nor its affiliates are a party to your Payment Methods' account holder agreements, privacy policy or other terms of use. Nothing in these Terms of Service modifies any such payment method issuer’s terms. In the event of any inconsistency between these Terms of Service and your payment method issuer's terms or privacy policy, these Terms of Service will govern the relationship between you and ShopeePay, and your payment method issuer's terms will govern the relationship between you and the payment method issuer. ShopeePay does not make any representation or verify that any of your Payment Methods is in good standing or that the issuer of your Payment Method will authorize or approve any transaction with a merchant when you use ShopeePay for that transaction.

(vii) Except where ShopeePay or its affiliate is the issuer, neither ShopeePay nor its affiliates are involved in issuing credit or determining eligibility for credit, nor do they exercise control over: the availability or accuracy of Payment Methods or funds; the provisioning (or addition) of Payment Methods to ShopeePay, or addition of funds to Payment Method balances. For any concerns relating to the foregoing, please contact your Payment Method's issuer.
 

2.2.5 No Liability

You acknowledge and agree that no liability shall be incurred by us if we are unable to complete any Payment Instructions or transfers initiated by you for any reason beyond our control including but not limited to the following:

(a) If, through no fault of ours, your Account does not contain sufficient funds or if the payment or purchase or transfer would exceed the transactional limit set by you for your Account;
(b) Our payment processing centre is not working properly and you know or have been advised by us about the malfunction before you execute the Payment Instructions or transfers;
(c) You have not provided the us with the correct Account information, or information that you provided becomes incorrect; and/or
(d) Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force), even if foreseeable or foreseen, that prevent the proper execution of the Payment Instructions and/or transfers and we have taken reasonable precautions to avoid those circumstances.
 
2.3 Our Services are only available to Users. Whilst a User may top-up his or her Account by cash or bank transfer or other channels as set forth in this Terms of Service, you are required to have a valid bank account to withdraw funds from your Account.

2.4 In the event where a Transaction is terminated, we may, at our sole discretion, determine whether it is reasonable to refund part of or all the funds to the User.

2.5 We may limit any or all of the Services available to any User, in accordance with this Terms of Service. The types of Transactions and other benefits, features, and functions of the Services available to a User may vary for different countries and regions. No warranty or representation is given that the same type and extent of transactions, benefits, features and functions will be available to all Users.

2.6 We reserve the right to refuse, suspend, or cancel any Transaction for any reason at our sole discretion. Situations that may result in a Transaction being rejected, suspended, or cancelled, include, but not limited to problems which have been identified by our credit and fraud control department, where we have reason to believe that the Transaction is unauthorised, or relates to cybercrime transactions, or violates any law, rule, regulation, or may otherwise subject us or any of our affiliates to liability. We may also require additional verifications or information prior to effecting any Transaction.

2.7 We may impose additional restrictions, limitations, prohibitions or any other measures that we, in our sole   discretion, deem necessary or reasonable in each Transaction.

2.8 You will be responsible for all Transactions through made through the Platform via your designated Account, with or without your authority, knowledge or consent, and may not claim against us in connection with any such use or purported use.

2.9    In the event that you use your password to make any transactions related to the use of the service has been completed, you agree that you may not cancel, revoke, change or modify any such entries and you must be bound by the said list in all respects.

3. PRIVACY AND PERSONAL DATA PROTECTION

3.1 Your privacy and the protection of your personal data are essential and very important to us. To better protect your rights, we have provided the Company’s privacy policy to explain our practices in relation to privacy and personal data protection in detail. Please read the Privacy Policy carefully at https://shopeepay.co.th/privacy (“Privacy Policy”) in order to understand how we collect store use share and process the personal information associated with your Account and/or the information of your use of the Services.

By agreeing to this Terms of Service for opening the Account and using the Services, you agree and consent to our collection, use, disclosure and/or processing of your personal data and any Content you may have contributed to the Platform as described in the Privacy Policy.

3.2 You hereby accept and agree that the Company and/or any third parties cooperating with the Company may collect, store, disclose, access, review, use and/or process any of your personal data, which obtained from you or through any other sources (by your consent) based on the Privacy Policy and the prevailing laws and regulations.

3.3    The Company and/or any third parties cooperating with the Company for the provision of the Services agree to protect and maintain the confidentiality of your personal data, and shall not use such personal data for any purposes other than for the provision of the Services unless otherwise provided by the prevailing laws and regulations or with your prior consent.

3.4 Where you give us your consent, you agree to authorize the Company to share and disclose your personal data and identity information contained in your Account and/or those we obtained from you or through any other sources (by your consent) to any third parties as your request according to such consent for the Know Your Customer (KYC) purpose in order to use the services provided by the relevant third parties.   

3.5 Users in possession of another User’s personal data (the “Receiving Party”) must (i) comply with all applicable personal data protection laws; (ii) allow the other User (the “Disclosing Party”) to remove him/herself from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party.

4. LIMITED LICENSE

4.1 We grant you a limited licence to access and use the Services subject to the terms and conditions of this Terms of Service for personal use only. Unless we provide you with our consent, this licence does not allow you to make any commercial use or any derivative use of the Services (including without limitation any of our individual elements or Content). All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Platform are the property of Company and where applicable, third party proprietors identified in the Platform. No right or licence is granted directly or indirectly to any party accessing the Platform to use or reproduce any such proprietary Content, trademarks, service marks, brand names, logos and other intellectual property, and no party accessing the Platform shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Platform and our Content. You agree not to copy, distribute, re-publish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Platform or our Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given to standard search engine technology employed by Internet search websites to direct Users to this website).

4.2 You are welcome to link to the Platform from your website, provided that your website does not imply any endorsement by or association with us. You acknowledge that we may, in our sole discretion and at any time, discontinue providing any part of the Services without notice.

5. SOFTWARE

Unless accompanied by a separate license agreement, any software provided by us to you as part of the Services is subject to the provisions of this Terms of Service. The software is licensed, not sold, and we reserve all rights to the software not expressly granted by us. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by us.

6. ACCOUNTS AND SECURITY

6.1    To access our Services, user must have Thai nationality in order to register for an Account to use the Services through your one Thai registered mobile phone number only, whereby you will need to provide certain personal Information as specified in the registration instructions, including without limitation, a photograph of your original national identification card and mobile telephone number, selecting a password, and optionally selecting a unique User identification ("User ID"). If you select a User ID that we, in our sole discretion, find offensive or inappropriate, we have the right to suspend or terminate your Account. You must use your registered Account to access our Services through one device only.

6.2   Subject to Section 6.1, you may register for an Account on our Platform or the Shopee’s platform operated by Shopee (Thailand) Co., Ltd. (“Shopee”) which is granted permissions to send/receive information with us. Only the registration with complete and correct information that meets our requirements set out by us shall be processed by us.

6.3    In the event that you register for an Account to use of Services on Shopee’s platform and you agree to integrate your Account with other services on Shopee’s platform or site, the mobile phone number to be used for your Account registration and integration with other services on Shopee’s platform or site must be the same mobile phone number registered for your user account on Shopee’s platform or site.

6.4 You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. We have not reviewed, and assume no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. The terms of service for those products, websites or services, including their respective privacy policies, if different from this Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.

6.5 You agree to (a) keep your password confidential and use only your personal Account password when logging in, (b) ensure that you log out of your Account at the end of each session on the Platform, (c) immediately notify us of any unauthorised use of your Account, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your Account even if such activities or uses were not committed by you. To the extent allowed by law, we will not be liable for any loss or damage arising from unauthorised use of your password and/or the Account or your failure to comply with this Section.

6.6 We may require that you submit documents such as identification documents to the bank so that you may access our Services.

6.7 You are responsible for providing accurate information when registering an Account and for keeping your information up to date, or notifying us in the event of changes. You are allowed to change the mobile phone number registered for your Account not more than 5 (five) times per year (365 days), counting from the receiving date of your first request of change of your registered mobile phone number.

6.8    We reserve the right to charge Account maintenance fee in case your Account remains inactive over a specified period which shall as per the terms and conditions set forth in the Fee Schedule (https://help.cs.shopeepay.co.th/portal/100/article/70970) until a transaction is made on the Account which shall end the inactive status of your Account. In case there is insufficient fund in the Account to pay for the Account maintenance fee, we will deduct all remaining funds for the payment of the Account maintenance fee and we reserve the right to terminate your Account, without giving prior notice, when there is no remaining fund in your Account.

6.9    You agree that we may for any reason, in our sole discretion and without notice or liability to you or any third party, immediately terminate your Account and User ID and remove or discard from the Platform any Content associated with your Account or in more serious cases we may suspend your use of Services and/or revoke or withdrawn your Bonus or rewards receivable under any promotion campaigns associated with the Services and/or take any other actions that we deem necessary. Grounds for such actions may include, but are not limited to, (a) extended periods of inactivity of your Account in accordance with Section 6.9, (b) breach any terms or violation of the letter or spirit of this Terms of Service or any terms and conditions related to the Services (including but not limited to the Terms and Conditions of Services for Bonus Wallet, and any other terms and conditions provided for any promotion campaigns), (c) fraudulent, harassing, defamatory, threatening or abusive behaviour, (d) having multiple user accounts, (e) abuse of Bonus in your Bonus Wallet by using as the discount of any transactions for commercial purposes, misuse or illegal (including but not limited to, placing and subsequently cancelling the transactions with fraud intention to obtain the Bonus), (f) behaviour that is harmful to other Users, third parties, or the business interests of the Company, (g) failure to accurately and promptly verify your identity and keep it up-to-date, such as concealing your real name, using fictitious  names, or providing incorrect information, (h) the User's qualifications being inconsistent with the Company’s risk management policy , such as age, nationality, residence, source of income, status or occupation - in such case the Company uses fair criteria for consideration under a standard risk management policy, or (i) there being any cause that the Company considers in its sole discretion may pose a risk to the Company. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim (under any cause of action whatsoever) either against us, or which in any way involves us, then we may terminate your Account.

 

6.10  You may request us to close your Account via help@support.shopeepay.co.th, and you may be required to submit documents and/or to proceed as we required for such purpose. After the completion date of the process required for the close of the Account (i) in case there is no remaining balance in your Account, the Account will be closed within 15 (fifteen) days or (ii) in case you have the balance retained in your Account, we will transfer such balance amount to your bank account that you notify us after the deduction of any fees, including the transfer fee (if any), within 15 (fifteen) days And the Account will be closed when there is no remaining balance in such Account.

6.11  Your Account may be used to sign into, use or access the products, applications, websites and services provided by the Company and Shopee as well as those provided by certain of the Company’s affiliates or partners. Such products, websites and services shall be bound by the respective affiliate or partner's terms and conditions and privacy policies, which you agree to and accept when using or accessing such products, applications, websites or services. You may be able to use or access your Account, including any associated Payment Methods, transaction records, or other identifiers, through a variety of user interfaces, including, but not limited to, the Shopee application or website, the ShopeePay application or website or through other products, applications, websites or services.
You may register for an account through Shopee or ShopeePay. By registering an Account, you agree and understand that your Account will be linked with your account with Shopee (“Shopee Account”) if you have used the same mobile number to register for both accounts.  The collection, use and processing of your personal data by and between the Company and Shopee is governed by the Privacy Policy and Shopee Privacy Policy at https://help.shopee.co.th/portal/article/77248.

6.12  You agree and understand that the Company may offer any products and/or services (such as Shopee coins and Shopee vouchers) that are made available on the Shopee platform and/or the Platform by the Company and/or Shopee or its affiliates from time to time. To access these services/products, your Account and Shopee Account must be linked. In accessing or transacting with such products and/or services, and as a condition of your use or purchase of such products and services, you hereby accept and agree to the Shopee Terms of Service https://help.shopee.co.th/portal/4/article/77241 and Privacy Policy https://help.shopee.co.th/portal/article/77248. You acknowledge and agree that the purchase or transaction of these types of products and/or services is subject to the Shopee Terms of Service and, therefore, that the Company is not responsible or liable in the case of any failure or error relating to such products or services. You may contact Shopee customer service directly if you have any questions or encounter any issue in relation to the purchase or transaction of digital products and other products or services provided by Shopee.

7.    SUSPENSION OR BREAKDOWN OF SYSTEMS

If you are unable to use the Services as a result of improper operation of the Platform due to any of the following reasons, you agree that you will not hold us or our affiliates liable for:

8.    ERRORS AND UNAUTHORISED TRANSACTIONS

8.1 When an unauthorised Transaction or an error occurs in your Account, you shall be fully responsible for any transactions that occur in an unauthorised manner by any third party under your ShopeePay Account (the “Unauthorised Transactions”), and we will not be liable for any loss or damage caused any Unauthorised Transactions, unless such Unauthorised Transactions arising from our own errors and/or negligence. You accept and agree that If you give someone access to your Account (by giving them your login information) and they conduct transactions without your knowledge or permission, you are responsible for any resulting use.

8.2 You should immediately notify us if you believe:

8.3 You should regularly log into your Account and review your Account history to ensure that there has not been an unauthorized Transaction or error. We may also send an email to the primary email address you have provided in order to notify you of each transaction from your Account. You should also review these transaction confirmations to ensure that each transaction was authorised and is accurate.

8.4 For Unauthorized Transactions or Errors in your Account, notify us through the methods set out in Section 17. When you notify us, please provide us with all of the following information, so we can take timely and appropriate measures to against such events and/or prevent any such other actions. However, you accept and agree that it shall not be taken as any explicit or implied acceptance of our liability to you:

If you notify us orally, we may require that you send us your complaint or question in writing. During the course of our investigation, we may request additional information from you. We will contact you back within seven (7) days from the date we received your notification of the suspected unauthorized Transactions or error and we will complete our investigation as soon as possible.

8.5 We will rectify any error that we discover at our sole discretion. If the error results in your receipt of less than the correct amount to which you are entitled, we will credit your Account for the difference. If the error results in your receipt of more than the correct amount to which you are entitled, you agree that we may debit the extra funds from your Account.

8.6 If you erroneously send a payment to the wrong party, or send a payment for the wrong amount (based on a typographical error, for example), you acknowledge and agree that any loss or damage you suffer is caused by your negligence. We will not reimburse you or reverse a payment that you have made in error. However, we will help you, in our sole discretion, contact the party to whom you sent the payment and ask them to refund the payment. In doing so, you acknowledge that such party may not refund the payment to you.

9. DISCLAIMER

9.1 We are not a bank or other chartered depository institution, nor an issuer of any credit cards, debit cards, savings account, lender, or other prepaid payment service method (“Payment Instrument”), unless expressly stated otherwise. For Transactions facilitated with ShopeePay, we handle the payment to 3P Merchant and the charging of your Payment Instrument to conduct your payment for purchase.

9.2 This Terms of Service do not amend or otherwise modify your agreement with the issuer of your Payment Instrument, and you are responsible for ensuring your use of the platform complies with all such agreements. In addition, you are responsible for all charges and/or debits to your Payment Instrument resulting from any purchases made from the Account in accordance with such agreements. In the event of any inconsistency between thIS Terms of Service and your agreement with the issuer of your Payment Instrument, thIS Terms of Service govern the relationship between you and us solely with respect to the platform. You acknowledge and agree that you are solely responsible for your Payment Instrument and we are not responsible for the accuracy, or availability of any information you enter or otherwise store in the platoform including, without limitation, whether such information is current and up-to-date.

9.3 THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY US OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS PLATFORM AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

9.4 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN PARTICULAR, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE SECURITY CODES PROVIDED TO YOU AND YOU MAY NOT CLAIM AGAINST US FOR ANY LOSS OR DAMAGES RESULTING FROM YOUR FAILURE TO DO SO.

9.5 Any downloading of data from our system is done solely at your risk, and we do not warrant that such data or our system is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros.

9.6 If you send funds to the wrong party or sent a wrong amount, we may choose to assist, in our sole discretion, you out of goodwill in contacting the party that received the funds to ask for a refund. However, we will not be liable to reimburse any payment or to reverse any Transaction that you have made as a result of your error or negligence.

10. EXCLUSIONS AND LIMITATION OF LIABILITY

10.1 IN NO EVENT SHALL WE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR LOSS OF USE, PROFITS, REVENUES, GOODWILL OR ANTICIPATED SAVINGS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 We may establish general practices and limits concerning use of the Services. We reserve the right to change, suspend, or discontinue any aspect of the Services at any time without notice and liability. We may decline to process any transaction without prior notice to you, particularly if (a) Transaction does not satisfy the terms and conditions of this Terms of Service or other applicable terms, rules and policies, or (b) if we have reason to believe that the Transaction may violate any laws, rules or regulations that may otherwise subject us or our affiliates to liability.

10.3 YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SERVICES.

10.4 NOTWITHSTANDING SECTIONS 10.1 AND 10.2, IF WE ARE FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF THB 2,000 (TWO THOUSAND BAHT ONLY).

10.5 NOTHING IN THIS TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

11. LINKS TO THIRD PARTY SITES

The links provided throughout the Platform will let you leave this Platform. These links are provided as a courtesy only, and the sites they link to are not under our control in any manner whatsoever and you therefore access them at your own risk. Therefore, we are in no manner responsible for the contents and/or the accuracy of any such linked site or any link contained within a linked site, including any changes or updates to such sites. The provision of these links are merely a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by us of any linked site and/or any of our content therein.

12. INTEGRATION WITH THIRD PARTY PLATFORMS OR SITES

12.1 Our Services may integrate with other services on third party platforms or sites. By using our Services on the third party platforms or sites, you agree to and shall comply with those third parties’ terms of services separately. You further agree that we are not responsible for the content of their services and/or the accuracy of the goods/services, including the functions, reliability, security, privacy policy or other operations of such third party platforms or sites.

12.2 By using our Services on the third party platforms or sites, we shall process your request/instruction, including without limitation registration request and Payment Instructions, on our operation system. We shall not disclose your personal data previously provided to us to the third party platforms or sites unless such disclosure is required to process your request/instruction and in such case the third party platforms or sites shall be under our Privacy Policy.

12.3 In the event that you disclose your personal data to the third party platforms or sites during your use of our Services, for example, you fill in the portal developed by the third party platform or sites with your personal data, you agree that any disclosure, usage, collection and/or process of your personal data resulting from your disclosure shall be under such third party platform or site’s privacy policy.

12.4 We may, at our sole discretion, impose conditions and limits on certain features or restrict your use to parts of, or the entire, Services on the third party platforms or sites, including in the event that you permit us to share your phone number and/or other information in order to link with your account registered on Shopee’s platform, which operates by our affiliate, i.e. Shopee (Thailand) Co., Ltd. (“Shopee”), for the purpose of use and receiving Shopee Coins in our platform. Please read the conditions to use and to receive Shopee Coins in ShopeePay here: https://help.cs.shopeepay.co.th/portal/article/72302

13. PROHIBITED CONDUCT

13.1 The license for use of the Services is effective until terminated. This license will terminate as set forth within this Terms of Service or if you fail to comply with any term or condition of this Terms of Service. In such event, no notice shall be required by us to effect such termination.

13.2 You agree not to:

(a) breach our Terms of Service, Privacy Policy, in-house rules and regulations, including regulations for promotional events, and/or violate any applicable laws and regulations;

(b) act in a manner that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable to our employees, agents or other Users;

(c) use the Services to harm minors in any way;

(d) provide false, inaccurate or misleading information;

(e) use the Services for any illegal activities, including online gambling;

(f) use your Account in a manner that may result in disputes, claims or other liabilities to us, other Users, third parties, or may be regarded as an abuse of our system;

(g) use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

(h) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

(i) remove any proprietary notices from the Platform;

(j) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without our express permission;

(k) use the Services in any manner not permitted by the licenses granted herein;

(l) use the Services for fraudulent purposes;

(m) refuse to corporate in an investigation or provide confirmation of your identity or any information you provide us;

(n) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by us with respect to the Services and/or data transmitted, processed or stored by us;

(o) harvest or collect any information about or regarding other Users, including without limitation any personal data or information;

(p) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(q) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(r) upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other unauthorised form of solicitation;

(s) upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;

(t) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;

(u) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;

(v) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;

(w) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including without limitation laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism financing;

(x) use the Services to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Financial Action Task Force (“FATF”);

(y) use the Services to violate the privacy of others or to "stalk" or otherwise harass another; and/or

(z) use the Services for any other illegal activities.

13.3 If we, in our sole discretion, believe that you may have engaged in the above restricted activities, we may   

take various actions, including but not limited to the following:

13.4 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not us, is entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Platform. We do not control the Content posted on the Platform and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Platform, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Platform.

13.5 You acknowledge that we may or may not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete or move any Content that is available on the Platform. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates this Terms of Service, if we receive a complaint from another User, if we receive a notice of intellectual property infringement or other legal instruction for removal, or if such Content is otherwise objectionable. We may also block delivery of a communication (including without limitation status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of this Terms of Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including without limitation information in all parts of the Platform.

13.6 You acknowledge, consent and agree that we may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over us or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Company, our Users and/or the public.

14. YOUR CONTRIBUTIONS TO THE SERVICES

14.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary permissions to grant the licenses below to us. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant us and our successors an irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including without limitation, for promoting and redistributing part of the Services (and our derivative works). This license granted by you terminates once either party removes your contributed Content from the Services. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.

14.2 Any material, information or idea you post on or through the Services, or otherwise transmit to us by any means (each, a "Submission"), is not considered confidential by us and may be disseminated or used by us or our affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to us, you acknowledge and agree that we and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant us and our successors an irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including without limitation, for promoting and redistributing part of the Services (and our derivative works). This license granted by you will continue for as long as we determine to use your Submission. This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.

15. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS

15.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, we are not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold us responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

15.2 In addition, the Services may contain links to third party text, video feeds and podcasts (collectively, "Third Party Feeds"), products, websites, services and offers, or links to download third party software applications. Additionally, third parties may make available, on their own websites, third party feeds, and software applications. These third party links, third party feeds, products, websites, services and software applications are not owned or controlled by us. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. We have not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that we shall not be liable in any manner due to your use of, or inability to use, any third-party feed, website or widget. You further acknowledge and agree that we may disable your use of, or remove, any third party links, third party feeds, or applications on the Services to the extent they violate this Terms of Service.

16. FEES

Fees for the Services will be charged according to the type of services in accordance with the terms and conditions as set forth in the fee schedule accessible at https://help.cs.shopeepay.co.th/portal/article/70970 (“Fee Schedule”). We reserve the right to adjust the Fee Schedule including but not limited to any fee type and fee rates to be charged herein. If you continue to use the Services and/or receipt of any Services (including, for the avoidance of doubt, the continued provision of an Account to you by us) after the adjustment of the Fee Schedule becomes effective, it shall be automatically deemed that you have accepted the adjusted Fee Schedule.

17. LEGAL NOTICES, COMPLAINTS AND FEEDBACK

If you have complaints, feedback or believe a User on our Platform is violating this Terms of Service, please contact us at the following channels. For users’ complaints, we will response you back within seven (7) days from the date we received your complaints.

Please send all legal notices to legal.th@shopeepay.com and attention it to the “General Counsel”.

18. MAKING CLAIMS OF INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

18.1 If you believe that your work (as included on the Services) has been copied, displayed, or distributed in a way that constitutes intellectual property rights (“IPR”) infringement, please notify us following Section 17.

18.2 A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the IPR that is allegedly infringed; (b) a description of such IPR and an identification of what material in such IPR is claimed to be infringed; (c) a description of the exact name of the infringing IPR and the location of the infringing IPR on the Services; (d) information sufficient to permit us to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the IPR owner, our agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the IPR owner's behalf.

Our Company representatives can be reached through the various methods available as stated in Section    17. Our Company representatives will only respond to any claims involving alleged IPR infringement.

19. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

20. INDEMNITY

You agree to indemnify, defend and hold harmless Company, and our shareholders, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), at your expense, from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable legal fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to (a) the hosting, operation, management and/or administration of the Services by or on behalf of us, (b) your violation or breach of any term of this Terms of Service or any policy or guidelines referenced herein, or (c) your use or misuse of the Services, or (d) your breach of any law or the rights of a third party.

21. SEVERABILITY

If any provision of this Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

22. GOVERNING LAW

This Terms of Service shall be governed by and construed in accordance with the laws of Thailand.

23. GENERAL PROVISIONS

23.1 We reserve all rights not expressly granted herein.

23.2 We reserve the right to amend or modify any part of this Terms of Service at any time by posting the same on this Platform. By continuing to access or use of the Services and/or receipt of any Services (including, for the avoidance of doubt, the continued provision of an Account to you by us) after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service.

23.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

23.4 Nothing in this Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you, 3P Merchants and us, nor does it authorize you to incur any costs or liabilities on our behalf.

23.5 Our failure at any time or times to require performance of any provision hereof shall in no manner affect our right at a later time to enforce the same unless the same is waived in writing.

23.6 This Terms of Service is solely for your and our benefit and are not for the benefit of any other person or entity, except for our affiliates and subsidiaries (and each of Company's and our affiliates' and subsidiaries' respective successors and assigns).

23.7 The terms set forth in this Terms of Service and any agreements and policies included or referred to in this Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Platform and supersede any previous agreement or understanding between the parties in relation to such subject matter.

23.8 You agree to comply with all applicable local laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.

I HAVE READ THIS TERMS OF SERVICE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “REGISTER NOW” BUTTON OR ANY SIMILAR ACTION BELOW, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFE CT AS IF I HAD SIGNED MY NAME MANUALLY.

Last updated:  17 February 2025