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[Company Name] (hereinafter referred to as the Company) provide services for items of business (hereinafter refer to as the "Service") specified in Article 4 of the Act Governing Electronic Payment Institutions (hereinafter referred to as the "Act"). To safeguard the interests of the user, the Company has provided the user with all clauses of a standard form contract for the business of electronic payment institutions (hereinafter referred to as "this Contract") for the user to take home or has posted the Contract on the Service Website for review by the user for at least ○○ days (not less than 3 days).
When the user applies for the Service, he/she shall be required to review, understand, and agree to the contents of this Contract before signing this Contract or clicking the "I agree" button and provide relevant information required for the identity verification class applied for to complete the registration application. This Contract is established after the Company has processed and accepted the user's application for registration and notified the user by email or in a mutually agreed manner. If the user applies for the purchase of an unregistered stored value card, the Company shall specify important matters (e.g., name and logo of the Company, customer service hotline, website, etc.) on the stored value card and provide all contents of this Contract on the business service web page. This Contract is established after the user uses the unregistered stored value card.
Article 1 (Company Information)
1. Permit No. issued by the competent authority:
2. Names of the Company and representative:
3. Complaint (customer service) hotline, service hours, and email address:
4. Website:
5. Business address:
Article 2 (Definitions)
The terms as used in this Contract are defined as follows (specified based on the actual scope of business of the electronic payment institution):
1. User: A user refers to an individual or an entity that has signed a contract with the Company for using an electronic payment account or stored value card to transfer payment funds or store the value of an amount.
2. Contracted institution: A contracted institution refers to an institution which has signed a contract with the Company that allows users to use electronic payment accounts or stored value cards to pay for actual transactions.
3. Electronic payment account: An electronic payment account refers to a payment instrument that accepts the registration and account opening by users to keep track of their funds transfer and funds deposit record through a network or electronic payment platform, and uses electronic equipment to convey the receipt/payment information via connection.
4. Stored value card: A stored value card refers to a physical or non-physical payment instrument in the form of a chip, card, or certificate with data storage or computing functions that uses electronic, magnetic, or optical technology to store monetary value.
5. Collecting and making payments for real transactions as an agent: This business refers to the acceptance of funds transferred by the payer based on an actual transaction and the transfer of the payment for the actual transaction to the payee after certain conditions are met, upon the expiry of a certain period, or based on the instructions of the payer.
6. Accepting deposits of funds as stored value funds: This business refers to the acceptance of funds deposited by the payer in advance and the use of an electronic payment account or a stored value card for multiple-purpose of payments.
7. Domestic and foreign small-amount remittances: This business refers to the use of an electronic payment account or a stored value card for funds transfer below a certain amount in accordance with payment instructions made by the payer that are not based on actual transactions.
8. Deposit account: A same-currency demand deposit account opened by the user at a financial institution and designated in advance when the user registers an e-payment account or withdraws funds from his/her e-payment account.
9. Dedicated deposit account: A demand deposit account opened by the Company at a bank as required by law and used exclusively for depositing funds received from users. (Applicable to specialized electronic payment institutions only)
10. Electronic document: A record in electronic form, which is made of any text, sound, picture, image, symbol, or other information generated by electronic or other means not directly recognizable by human perceptions, and which is capable of conveying its intended information.
11. Payment via agreed linked deposit account: This business refers to the service where in conducting its electronic payment business, the Company gives a financial institution at where an user opens his/her account (referred to as “the financial institution holding the account” hereunder) an account payment deduction instruction according to the agreement between the user and the financial institution to transfer funds from the user's deposit account with the financial institution for the Company to collect payment from the user and record the payment amount and the fund transfer activity under the user's electronic payment account.
12. Payments refer to payments made within the following scope:
(1) Collecting and making payments as an agent: Funds collected or paid for actual transaction as an agent and payments collected or made in domestic and foreign small-amount remittances services.
(2) Stored value funds: Funds collected for operating stored value businesses.
13. Multiple-purpose of payments: The payments refer to the amount of the stored value in an electronic payment account or a stored value card, which are allowed to pay products or services provided by individuals or entities other than the electronic payment institution, for payments of government entities, and for other payments approved by the competent authority. However, the following conditions are not included:
(1) Cases where the stored value can only be used to pay for transportation, which has been approved by the competent authority of transportation.
(2) Product (service) gift certificate that can only be used to make a request to an individual or an entity specified by the issuer for the delivery or supply of a product or service.
(3) The stored value funds of all levels of government agencies issued stored value cards or registered electronic payment accounts shall be pre-deposited by the government agencies for the payer.
Article 3 (Consents and Acknowledgments)
The Company and the user agree to and acknowledge the following:
1. The Service includes (specified based on the actual scope of business of the electronic payment institution):
(1) Collecting and making payments for real transactions as an agent.
(2) Receive stored funds.
(3) Engage in domestic and foreign small-amount remittances business.
(4) Engage in buying and selling foreign currencies and currencies issued by Mainland China, Hong Kong, or Macao (hereinafter referred to as foreign currencies) related to the businesses stipulated in the three preceding subparagraphs.
(5) Provide information communication between users and between users and contracted institutions.
(6) Provide electronic invoice systems and related value-added services (related services approved by the Ministry of Finance).
(7) Provide related services such as the custody of payments for product (service) gift certificates and assistance for issuance, sales, and underwriting.
(8) Provide reward points integration and redeem payments for real transactions as an agent.
(9) Provide storage segmentations or applications in a stored value card to the others for use.
(10) Other businesses approved by the competent authority.
2. The Company shall be responsible for disputes arising from the provision of services under this Contract, whereas disputes arising out of other transactions between the user and a contracted institution that are unrelated to the Service will be dealt with according to the legal relationship between the parties.
3. The Company and the user may use electronic documents as a declaration of intent.
4. When the user makes withdrawal from his/her e-payment account, the Company will not pay in cash, but shall transfer the withdrawn funds into a same-currency deposit account of the user in a financial institution. However, where the competent authority has other regulations, such regulations shall apply.
5. When a user intends to store value in a foreign currency, the Company shall transfer the stored value funds from the user's deposit account in a financial institution, the electronic payment account of the Company, or transfer the funds through a rule approved by the competent authority in consultation with the Central Bank. (specified based on the actual scope of business of the electronic payment institution)
6. The ownership and utilization of interest or other income earned from funds of the user that are deposited in a dedicated deposit account shall be determined in accordance with applicable rules and regulations.
7. Where the Service used by the user requires foreign exchange declaration, the user agrees to authorize the Company to process the declaration in accordance with related regulations of the Central Bank. (specified based on the actual scope of business of the electronic payment institution)
8. The user shall not use the Service in an illegal manner. Nor shall the user provide his/her e-payment account or a stored value card for illegal use. In case of a violation, the user shall assume legal consequences thereof.
9. When a user opens more than one e-payment account with the Company, the amount of payment received and made per account shall not exceed the limit on that type of account, whereas the total limits on those accounts combined shall not exceed the limit set for the highest category of e-payment accounts registered and opened by the same user.
10. If the Company allows the user to carry out automatic value deposit by a linked credit card or deposit account payment agreed by the user or automatic value deposit for the stored value card by an electronic payment account, the Company shall specify the limited amount of automatic value deposit for each application and automatic value deposit on each day with the user, and provide the mechanism allowing the user to adjust the limited amount at any time and to stop the automatic value deposit service.
11. The user agrees that the Company may, within the extent of specific purposes permitted by regulations, collect, process and use his/her personal information by itself or through a third party, and agrees that the Company may, within the extent permitted by law, make inquiry of user's information with the Joint Credit Information Center (JCIC) and other relevant institutions, and deliver or register the aforementioned information and transaction records to or with JCIC or other institutions as required by law.
Article 4 (Confirmation of Identity Information)
The Company shall retain the information obtained in the user identification process and relevant records on the user identification procedures for at least 5 years after the termination of the business relationship, or longer if it is so required by other regulations. The preceding provision applies when the user changes his/her identity information.
The user must confirm that the information he/she provides at the time of registration or value storing of stored value card and retained by the Company is accurate, truthful, and consistent with then circumstances, and must promptly notify the Company if such information is changed later on.
Where the user has any of the situations specified in the subparagraphs of Article 4 of the Regulations Governing Anti-Money Laundering of Financial Institutions when the Company confirms the user's identity, the user may not apply for the Service.
The user is obligated to assist and cooperate with respect to the user identity verification process carried out by the Company according to law. Where the user fails to cooperate in confirmation of his/her identity, the Company shall suspend the user's transactions.
Article 5 (Use of the Electronic Payment Account) (specified based on the actual scope of business of the electronic payment institution)
The Company shall set different limits for transactions of the user's electronic payment account based on the identity certification rating within the scope specified in the Regulations Governing Identity Verification Mechanism and Transaction Amount Limits of Electronic Payment Institutions (hereinafter referred to as the "Regulations Governing Identity Verification and Transaction Amount Limits). Transactions that exceed the limit cannot be completed:
1. Type 1 e-payment account:
(1) Cumulative amount of collection and payment of real transaction per month shall be agreed between the Company and the user.
(2) The balance of stored value funds deposited shall be limited to not more than an equivalent of NT$100,000.
(3) Each small-amount domestic and international remittance shall be limited to not more than NT$100,000 or its equivalent. The cumulative collection and payment amount for small-amount domestic and international remittances of individual users shall be respectively limited to not more than NT$1,000,000 or its equivalent; the cumulative collection and payment amount for small-amount domestic and international remittances of non-individual users shall be respectively limited to not more than NT$10,000,000 or its equivalent.
2. Type 2 e-payment account:
(1) Cumulative payment received and made per month shall be respectively limited to not more than an equivalent of NT$300,000.
(2) The balance of the stored value funds deposited shall be limited to not more than NT$50,000 or its equivalent.
(3) Each small-amount domestic and international remittance shall be limited to not more than NT$50,000 or its equivalent.
3. Type 3 e-payment account:
(1) The payment amount for cumulative payment received and made for real transactions per month shall be limited to not more than an equivalent of NT$30,000. The Company may take its risk tolerance or users’ actual need into account, and to see if it shall raise the payment amount for cumulative payment received and made for real transactions per month. However, the cumulative payment amount for real transactions per month shall not exceed NT$100,000 or its equivalent, and the cumulative payment amount for real transactions per year shall not exceed NT$360,000 or its equivalent.
(2) The balance of the stored value funds deposited shall be limited to not more than NT$10,000 or its equivalent.
(3) The small-amount domestic and international remittances received from an electronic payment account of a lineal relative or guardian in the same institution shall be limited to not more than NT$10,000 or its equivalent per month.
The user may deposit funds into his/her e-payment account as stored value funds in a manner agreed by the Company. Where the user stores value with his/her credit card, the stored value shall be limited to NTD and shall only be used for the payment amount for real transactions and not for small-amount domestic and international remittances or withdrawals.
The user understands and agrees that the service of small-amount domestic and international remittances between e-payment accounts provided by the Company takes place immediately. Once the Company receives the payor's payment instruction, the Company will immediately record the transfer of funds from payor's e-payment account into recipient's e-payment account, and if the payor or the recipient has any question over the transferred funds, the payor and the recipient will handle the matter by themselves, whereas the Company will not list the funds as disputed funds.
Article 6 (Use of the Stored Value Card) (specified based on the actual scope of business of the electronic payment institution)
1. Scope of use and expiry date
(1) The stored value card may only be used on contracted institution's premises, website, or automatic service equipment with the Company's logo.
(2) The Company may not specify an expiry date for the monetary value stored in the stored value card. However, this restriction shall not apply to stored value cards issued by the Company that does not have a limit on the number of times used, provided that the expiry date and method for processing the termination of use are specified on the stored value card.
(3) Where the user does not store value or use the stored value card to complete a transaction for ___ consecutive years (at least 2 years), the Company shall suspend the transactions of the stored value card. However, the user may store value or carry out card opening procedures to reactivate the transactions of the stored value card. (Note: Where the electronic payment institution and user agree on a longer period of no use of the stored value card or other methods for activating transaction functions, it shall be specified in the Contract.)
2. Method for automatic payment deduction with the stored value card
(1) The user shall deduct payment transactions with the balance of the stored value in accordance with the method announced by the Company. (Note: If the stored value card offers online instant transactions or other non-online instant transactions, it shall be specified in the Contract.)
(2) If the transaction amount exceeds the balance of the stored value, the stored value card transaction will not be completed and no payment will be deducted, except for the following:
a. The user and the Company agree that the Company may pay a single advance payment on behalf of the user at public transportation or parking lot businesses specified in the "Act of Encouraging Public Transportation Development".
b. The Company allows the user to use cash or coupon to make up for the difference in the transaction.
(3) Where the user has two or more stored value cards (regardless of whether they are issued by the same electronic payment institution) and causes the sensing equipment to register two or more stored value cards and deduct payments repeatedly, the Company shall help users resolve the disputes.
3. Value deposit method: The user shall deposit value in the stored value cards that allow repeated value deposit at the manual service counter, automatic service machine, or website set up or authorized by the Company, and immediately check whether the balance is correct after the value deposit. (Note: If the electronic payment institution provides other value deposit method, it shall be specified in the Contract.) The Company shall bear no responsibility if the user changes the data in the stored value card without authorization or stores value with other third parties.
4. Stored value funds and transaction amount limits
(1) The funds balance of each stored value card shall be limited to not more than NT$10,000 or its equivalent. Unless otherwise agreed by the parties, the balance of each stored value card shall be denominated in NTD (rounded to the nearest NTD).
(2) The cumulative payment amount per month for a registered stored value card in online transactions shall be limited to not more than an equivalent of NT$30,000. When the same cardholder has two or more stored value cards issued by the Company that can be used for online transactions, the transaction amount shall be calculated together and the total transaction amount of the consolidated accounts shall not exceed the limited amount.
(3) No interest is accrued for the balance of the stored value card. (Note: This item must be specified prominently in bold fonts or different colors in the contract.)
(4) The transaction amount of a stored value card annexed to an electronic payment account shall be calculated together with the transaction amount of the electronic payment account, and total transaction amount consolidated from the both shall not exceed the limit for the electronic payment account.
5. Where the user of the stored value card has any of the following situations, the Company shall return the balance of the stored value card after verifying the monetary value of the stored value card and deducting the service fee agreed by the parties.
(1) The user of a registered stored value card presents the stored value card or reports it as lost in accordance with the terms of the Contract and requests the Company to return the balance of the stored value in part or in whole or terminate the Contract.
(2) The user of an unregistered stored value card presents the stored value card to the Company to apply for the termination of the Contract.
(3) Where the user requests the withdrawal of funds or the termination of the Contract in accordance with the terms of the Contract, the Company may, based on an agreement with the user, require the user to pay for the postage (or transfer fee) for the delivery of the funds.
(Note: Where the electronic payment institution requires the return of the stored value card as a condition for the user's application for the return of the balance of the stored value and the return of funds includes the deposit, these terms shall be specified in the Contract.)
6. Loss, theft, or destruction of the stored value card (Note: This subparagraph shall be specified entirely in red text)
(1) Where an unregistered stored value card is lost, stolen, robbed, defrauded, otherwise possessed by a third party other than the user (hereinafter referred to as "loss or theft"), or destroyed, the user may not report its loss and apply for a suspension of payment.
(2) In the event of the loss or theft of a registered stored value card or a stored value card for which a loss may be reported in accordance with laws, the user shall be required to notify the Company or other institutions designated by the Company by telephone or in an agreed manner to process the procedures for reporting the loss and suspending of use. The user shall also pay the lost card service fee in accordance with Article 11 (Note: Electronic payment institutions may determine whether to collect the lost card service fee based on their own conditions at their sole discretion but the terms must be specified in the Contract). Where the Company discovers that the stored value card is involved in fraud, money laundering, other illegal activities, it shall notify the user within 10 days after receiving the loss report, and request the user to report the incident to the local police authority within 5 days of receiving the notice. However, where the user cannot do so due to force majeure factors (e.g., natural disasters or incidents), the user shall be required to report the incident within 5 days after the force majeure factor ends.
(3) Once the user of a registered stored value card or a stored value card for which a loss may be reported in accordance with laws reports the loss by telephone or an agreed method in accordance with the terms of the preceding subparagraph, he/she shall be deemed as having completed the loss report. The losses derived from unauthorized use or theft shall be borne by the Company. However, the losses derived from real-time transactions that are not performed online for a period of ○ hours (no more than 12 hours) after the completion of the loss report in accordance with the terms of the preceding subparagraph shall be borne solely by the user.
(4) Where the user of a registered stored value card or a stored value card for which a loss may be reported in accordance with laws fails to provide the user identification certification document requested by the Company, refuses to assist the Company in investigations, or fails to report the case to the local police authority within the period specified in Item 2 of this paragraph and provide proof of the report after he/she reports the loss, and still fails to provide the aforementioned documents within 5 days after the Company's additional notice, the losses derived from unauthorized use or theft shall be borne solely by the user.
(5) Where a stored value card is destroyed, where a registration stored value card and a stored value card for which a loss may be reported in accordance with laws is lost, stolen, or destroyed, the user may apply for a replacement stored value card from the Company. However, where the Company has legitimate reasons, it may issue a stored value card with different illustrations on the card, materials, shape, or size.
(6) Where a stored value card is destroyed, where a registration stored value card and a stored value card for which a loss may be reported in accordance with laws is lost, stolen, or destroyed, and the reason of the loss, theft, or destruction is attributed to the Company or a contracted institution, it may not request the user to pay for the cost of the replacement of the stored value card.
Article 7 (Verification Mechanisms) (specified based on the actual scope of business of the electronic payment institution)
E-payment account transaction verification mechanisms:
1. The Company shall notify the user in a mutually agreed manner each time after processing the user's payment instruction based on the user's payment instruction and the user shall check whether the processing result has errors. If there is any discrepancy, the user shall, within ○○ days (not less than 45 days) from the date of notice from the Company, notify the Company in a mutually agreed manner for investigations.
2. The Company shall conduct an investigation immediately after receiving user's notice in the preceding paragraph, and inform the user of the investigation status or result in a mutually agreed manner within ○○ days (not more than 30 days) from the date the notice is received.
3. The Company shall, in a mutually agreed manner, provide free services that allow the user to inquire his/her transaction records and fund deposit records within the past year at any time, and at user's request, provide transaction records or fund deposit records that are more than 1 year but less than 5 years after the transaction or deposit.
The Company shall request contracted institutions to allow the user to verify the transaction records through any of the following methods upon the completion of the transaction processed with a stored value card:
1. Provide a receipt that shows the amount deducted from the stored value card, and the card balance for verification.
2. Show the amount deducted from the stored value card and the balance upon the completion of the transaction, and allow the user to choose whether to print out the receipt.
3. Show the amount deducted from the stored value card and the balance upon the completion of the transaction, and have the Company provide the methods for the user to look up the transaction records in the future.
4. Notify the user of the amount deducted from the stored value card and the balance upon the completion of the transaction by an agreed method.
Article 8 (Handling of Transaction Errors) (specified based on the actual scope of business of the electronic payment institution)
Where a transaction error occurs for reasons not attributable to the user, the Company shall assist the user in making correction and provide other necessary assistance.
Where an error occurs for reasons attributable to the Company, the Company shall make correction immediately upon learning the error. If it is a transaction that involves the electronic payment account or registered stored value card, it shall also notify the user in a mutually agreed manner.
Where an error occurs in a transaction of the e-payment account for reasons attributable to the user, and the error pertains to the user making a mistake in the account number or amount transferred into an e-payment account applied or operated by the user such that money is transferred into a wrong account or a wrong amount is transferred, the Company shall take the following actions immediately upon receiving a notice from the user:
1.Provide details and relevant information on the transaction in accordance with applicable regulations;
2. Notify all users involved to render assistance; and
3. Report the progress to the user.
Article 9 (Account Security and Handling of Unauthorized Use of Electronic Payment Accounts and Registered Stored Value Cards) (specified based on the actual scope of business of the electronic payment institution)
The user has the obligation to safekeep his/her account number, password, certificate, stored value card, or other viable instruments for identity verification provided by the Service and shall not assign or lend it to the others by any means.
Where the Company or the user discovers that a third party uses without authorization or steals the user's e-payment account number, password, certificate, or registered stored value card or engages in any other unauthorized use, they shall promptly notify the other party by telephone or in an agreed manner to suspend or stop the use of the Service and take preventive actions. Where the Company discovers that the electronic payment account or stored value card is involved in fraud, money laundering, other illegal activities, it shall notify the user within 10 days after receiving the notice, and request the user to report the incident to the local police authority within 5 days of receiving the notice. However, where the user cannot do so due to force majeure factors (e.g., natural disasters or incidents), the user shall be required to report the incident within 5 days after the force majeure factor ends.
Once the user of a registered stored value card notifies the Company in accordance with the requirements in the preceding paragraph, he/she shall be deemed as having completed the loss report procedure. After the completion of the loss report procedure, the losses to be borne by the Company shall be processed in accordance with Article 6.
The Company shall bear the loss in the user's e-payment account resulting from use of the Service by an unauthorized third party before it receives a notice from the user as mentioned in Paragraph 2, except in any of the following circumstances:
1. The Company could show that the loss results from an intentional or negligent act of the user; or
2. The user fails to notify the Company to look into any discrepancy in ○○ days (not less than 45 days) after receiving a telephone call notice from the Company to check the transaction data or the billing statement sent in an agreed manner; however, if the user could not receive the notice due to a special circumstance (e.g., the user has been away on a long trip or hospitalized) and the user could provide supporting documentation, in ○○ days (not less than 45 days) since the end of the special situation. The preceding provisions do not apply if the user’s failure to receive the notice results from an intentional or negligent act of the Company.
Where the user fails to provide the user identification certification document requested by the Company, refuses to assist the Company in investigations, or fails to report the case to the local police authority within the period specified in Paragraph 2 and provide proof of the report after he/she notifies the Company in accordance with provisions in Paragraph 2, and still fails to provide the aforementioned documents within 5 days after the electronic payment institution's additional notice, the losses derived from unauthorized use or theft shall be borne solely by the user.
Fees incurred in investigating the facts of unauthorized use or theft as mentioned in Paragraph 2 hereof shall be borne by the Company.
The Company shall post at a conspicuous place on the Service website the ways by which the user can report that his/her account, password, or stored value card has been used without authorization, stolen, or when any other illegal use occurs, including by phone or by email. Unless in case of a force majeure event or other material events, the Company shall provide the service of accepting such notices 24 hours a day all year round.
The user agrees that when he/she uses the Service, the Company may document in detail the user login information (including IP address and login time), activities taken place and other information required for retention according to law.
Article 10 (Security and Management of Information System and Related Responsibility)
To ensure the security of user's transmission or transaction data, the Company shall adopt standards and security control criteria for the information system of the Service in compliance with the Regulations Governing the Standards for Information System and Security Management of Electronic Payment Institutions (hereinafter referred to as the "Security Management Standards".
The Company shall verify user identity in accordance with the Security Management Standards when the user logs into the e-payment platform. When the user enters the wrong identity certification information, the Company's system shall automatically stop the user's access to the Service in accordance with the preceding paragraph. If the user intends to restore access, he/she shall go through related formalities as agreed.
Both the Company and the user have the obligation to ensure the security of the information system they use to prevent illegal entry, acquisition, theft or destruction of business records or the user's personal data.
With regard to dispute arising out of the loophole in the safeguard measures or the information system of the Company, the Company bears the burden of proof to show that such fact does not exist. If the cause of the dispute is not attributable to the fault of the user, the Company shall bear the resulting loss of the transaction involved.
Article 11 (Fees)
When the user uses the Service, the Company will charge the user fees according to the agreed fee schedule (specified based on the permitted scope of business and the actual fee items collected). (Note: All clauses of this Article shall be specified in red text)
1. E-payment account transactions:
(1) The user authorizes the Company to deduct such fees directly from the user's e-payment account.
(2) The fee items, calculation methods, and amounts shall be based on those posted by the Company at a conspicuous place on the Service website.
2. The Company may collect the following fee from the user or deduct such fees directly from the balance of the stored value in the stored value card and the deposit:
(1) Card production and issuance cost:
a. The production and issuance cost of each registered stored value card (including replacement after destruction) shall be NT$___; the production and issuance cost of each unregistered stored value card (including replacement after destruction) shall be NT$___.
b. If the Company does not collect the production and issuance cost, it may collect a deposit of NT$___ from the user before it issues the stored value card (choose one of two). (Note: The types of stored value card for which the electronic payment institution may collect a card deposit or the production and issuance cost and the fee schedule shall be specified in the Contract.)
c. A user that has paid the deposit may apply for the refund of the balance of the deposit when he/she returns the stored value card to the Company. However, if there are unsettled advance payments for the stored value card, the Company may use the balance of the deposit to offset the user's unpaid debts to the Company. Where the stored value card is destroyed or severely stained due to human actions, the Company may deduct the fee for the damaged stored value card from the balance of the deposit and return it to the user.
(2) Lost card service fee: In the event that a user reports the loss or theft of a registered stored value card or a stored value card for which a loss may be reported in accordance with laws, the lost card service fee for each report shall be collected based on the following methods:
□ The fee for the loss report and replacement of a stored value card integrated into a credit card shall be NT$___ (the maximum amount shall be no more than NT$200).
□ The fee for the loss report and replacement of a registered stored value card not integrated into a credit card or a stored value card for which a loss may be reported in accordance with laws shall be NT$___ if the user does not apply for a replacement (the maximum amount shall be no more than NT$20); NT$___ if the user applies for a replacement (the maximum amount shall be no more than NT$100).
(3) Withdrawal service fee: The service fee for each withdrawal of all or a part of the balance of the stored value for a registered stored value card or a stored value card for which a loss may be reported in accordance with laws shall be NT$___ (the maximum amount shall be no more than NT$30). However, if the withdrawal is not performed by withdrawing cash from the Company's automatic service equipment, the service fee shall be NT$___ each time (the maximum amount shall be no more than the cash withdrawal transaction service fee for bank cards); if an interbank fund transfer is required, the fee shall be NT$___ each time (the maximum amount shall be no more than the transfer service fee for an interbank fund transfer with a bank card). (Note: Where the electronic payment institution requires the return of the stored value card as a condition for the user's application for the withdrawal of the balance of the stored value and the deposit, the terms shall be specified in the Contract.)
(4) Contract termination service fee: Where the user applies for the termination of the Contract with the Company, it shall be required to pay a contract termination service fee of NT$___ (the maximum amount shall be no more than NT$20). However, this service fee shall be waived if the stored value card has been used for 5 or more times and the usage period exceeds 3 months. When the user applies for the refund of all or a part of the balance of the stored value, the Company may only collect the service fee for the refund or the termination of the Contract.
(5) Transaction inquiry service fee: The user may inquire the transaction records and balance of stored value of the stored value card in the automatic service machines provided by the Company, and the user may also apply for written records of the stored value card transactions in the last five years from the Company based on the following fee schedule: NT$___ for the first page (the maximum amount shall be no more than NT$20) and NT$___ for every page starting from the second page (the maximum amount shall be no more than NT$5).
(Note: If there are other paid items or other fee schedule for the aforementioned paid items, they shall be specified in the Contract.)
If the fee schedule is subsequently adjusted, the Company shall announce the news at a conspicuous place on the Service website and inform the user of fee adjustment by email or in a mutually agreed manner ○○ days (not less than 60 days) prior to the adjustment effective date for the adjustment to take effect, except in cases where the adjustment is favorable to the user.
Article 12 (Calculation of Currency Exchange Rate)
For onshore businesses conducted by the Company, funds received from or paid to onshore users may be settled and cleared in NTD or a foreign currency.
For cross-border businesses conducted by the Company, businesses specified in Item 4, Subparagraph 1, Article 3, or related actions that meet regulations in Paragraph 2, Article 15 of the Act and are approved by the competent authority, funds received from or paid to onshore users may be settled and cleared in NTD or foreign currency, whereas funds received from or paid to offshore users shall be settled in foreign currency.
The Company shall post on the Service website its daily exchange rates or the daily exchange rates offered by the bank which it uses as reference and the names of banks it works with.
Article 13 (User Protection)
The stored funds received by the Company shall have reserves set aside in accordance with the Banking Act or other relevant regulations and are insured subjects under the Deposit Insurance Act. (Applicable to banks and Chunghwa Post)
For the stored value funds less the reserve required under Article 20 of the Act Governing Electronic Payment Institutions and for the amount of funds collected/paid as an agent, the Company shall take the following actions: (Not applicable to banks and Chunghwa Post; to be specified based on actual situation).
□ Has obtained full guarantee from a bank; or
□ Has declared trust in full. When the Company declares trust for the aforementioned funds, both the trustor and the beneficiary of the trust shall be the Company, not the user. Thus, the trust enterprise manages and disposes the trust property for the Company, not the user. The user's claims arising out of the Service over his/her funds received by the Company shall have precedence over the claims of other creditors of the Company.
Article 14 (Basic Obligations of the Parties) (specified based on the actual scope of business of the electronic payment institution)
The Company shall keep the transaction data and other related information of the users and contracted institutions confidential, unless it is otherwise required by law or the competent authority.
The Company shall exercise the due care of a good administrator when processing the repayment of transaction funds with the electronic payment account and stored value card, and process the transactions made by the user with the electronic payment account and stored value card with the Company or contracted institutions.
The user understands that the Company will notify the user of the use of the Service in a mutually agreed manner. Thus, the user shall ensure that he/she is able to read the notices of the Company in a timely manner based on the mutually agreed method.
The user shall use the Service in accordance with its pre-established purposes, and shall not violate this Contract, regulations of the Republic of China, public order and good customs, or the legal interests of the Company or third parties.
Article 15 (Retention of Records) (specified based on the actual scope of business of the electronic payment institution)
The Company shall retain user's stored value card number, e-payment account number, transaction items, dates, amounts, currencies and other necessary transaction records required for retention by the competent authority for at least 5 years or longer if so required according to other regulations as well as records on any uncompleted transactions.
Article 16 (Handling of Customer Complaint and Dispute Settlement Mechanism)
The Company shall post information on the customer complaint and dispute handling mechanisms and procedures for dispute in connection with the Service on the Service website. When the user has a dispute over the Service, the user may contact the Company through the complaint (customer service) hotline or email address stated in Article 1 herein.
When a dispute arises between the user and a contracted institution in connection with a real transaction, the Company shall, if so requested by any one of the users, send the parties concerned a notice regarding the matter in dispute. Where the dispute involves the online real transaction of a product or service that has not been provided by the contracted institution, the Company and the contracted institution shall bear the burden of proof.
If a dispute arises between the user and a contracted institution in connection with a real transaction before the Company disburses the funds for payments collected for real transactions as an agent, and one of the users requests the Company to put the disbursement of payment on hold according to the dispute handling procedure mentioned in the first paragraph hereof, the Company may hold the payment until confirming that the parties have reached an agreement on the payment before disbursing the funds with no interest accrued into the e-payment account of the contracted institution (or its deposit account in a financial institution) or returning the funds back to the e-payment account of the user (or his/her deposit account in a financial institution).
If the contracted institution or the user has submitted the dispute mentioned in the preceding paragraph to mediation, litigation, or arbitration in addition to asking the Company to put the disbursement of payment on hold in accordance with the Company's dispute handling procedure, the Company shall keep the funds in dispute until the mediation, litigation, or arbitration process has concluded. When the contracted institution or the user has presented appropriate proof, the Company will disburse the funds with no interest accrued into the e-payment account of the contracted institution (or its deposit account in a financial institution) or return the funds back to the e-payment account of the user (or his/her deposit account in a financial institution).
Article 17 (Collection, Processing and Use of User Data)
The Company's collection, processing and use of personal data shall be in compliance with the Personal Data Protection Act and relevant regulations, unless it is otherwise required by law or the competent authority.
Article 18 (Causes and Handling of Service Suspension) (specified based on the actual scope of business of the electronic payment institution)
The Company may suspend all or part of the Service due to any of the following reasons:
1. When the Company plans to undergo scheduled maintenance, relocation, upgrade or upkeep of its service systems, it shall announce the information on the Service website ○ days (not less than 7 days) in advance and notify the user in a mutually agreed manner. The preceding provision does not apply in case of an emergency.
2. Other reasons unattributable to the Company such as the occurrence of a natural disaster, power outage, equipment breakdown, or the act of a third person.
When the Company becomes unable to process payment instructions normally due to the breakdown of its information system for the Service or other reasons, the Company shall take prompt actions and notify the user in a mutually agreed manner.
The contracted institutions of the Company shall be unable to provide the user with stored value card transactions under the following conditions:
1. Where the stored value card is forged, altered, damaged, broken, missing a corner, punctured, or bent.
2. Where the stored value card has expired or is reported lost, or where the Contract is rescinded or terminated.
3. Where the Company has suspended the user's right to use the stored value card in accordance with Article 6 of the Contract.
4. Where the user is not the user who may hold a specific registered stored value card in accordance with the regulations of the Company.
5. Where the machine or network connection equipment of the contracted institution cannot access or identify data on the stored value card.
6. Where the user requests a transaction outside the business hours of the contracted institution.
7. Where the Company learns of facts and has reasonable cause to suspect that the cardholder engages in illegal or abnormal transactions.
Article 19 (Service Suspension on Account of the User)
In case of any of the following circumstances, the Company shall notify the user via email or an agreed manner. It may also, in view of the severity of the circumstance, suspend all or part of the Service available to the user.
1. The user refuses to cooperate in verifying or re-verifying his/her identity.
2. There is concern that the user may have provided false identity information.
3. Substantial evidence shows that the user uses his/her e-payment account to engage in fraud, money laundering or other illegal activities, or the user is suspected of engaging in such illegal activities.
4. The user transfers his/her rights or obligations under this Contract to a third party without the consent of the Company.
5. The user petitions for declaration of bankruptcy in accordance with the Bankruptcy Act or requests debt workout, debt mediation, petitions for restructuring, or liquidation proceedings in accordance with the Consumer Debt Clearance Act, or undergoes same or similar proceedings according to other regulations.
6. The user has been reported by relevant agencies or other institutions as an illegal user.
7. The user breaches the provisions in Paragraph 4, Article 14 of this Contract.
8. Other situations that constitute material breach of this Contract.
Article 20 (Termination of Contract) (specified based on the actual scope of business of the electronic payment institution)
The user may notify the Company in an agreed manner at any time to terminate this Contract.
When the Company intends to terminate this Contract, it must notify the user in writing, by email or in a manner agreed by the parties 30 days before the date of termination.
Where the user has a circumstance as provided in the preceding article and the circumstance is of serious nature, the Company may notify the user of the termination of this Contract via email or in a manner agreed by the parties.
After this Contract is terminated, except for funds in dispute, the Company shall return the balance of withdrawable funds of the user from the e-payment account or the stored value card, and the amount collected in advance and agreed to repay by the Company within a reasonable period of time.
Unless with approval from the competent authority, the Company shall not transfer the Service and associated rights and obligations to any third party.
Article 21 (Modification of Contract and Other Agreements) (specified based on the actual scope of business of the electronic payment institution)
Where there is question over any provisions of this Contract, interpretations that are favorable to the user shall prevail.
When the provisions of this Contract are revised, added or deleted, the Company shall make announcement at a conspicuous place on the Service website. If it involves an e-payment account or a registered stored value card, it shall notify the user via email or in an agreed manner. The user shall be deemed to have accepted any revision, addition or deletion if he/she did not raise any objection in 7 days after receiving such a notice. However, if the contract modification involves any of the following matters, the Company shall notify the user at least 60 days in advance via email or in an agreed manner using conspicuous and explicit wording to state the changes and the provisions before and after the change, and inform the user that he/she may raise objection before the change takes effect and that the user is deemed to accept the revision, addition or deletion if he/she did not raise any objection during said period of time. The Company shall in addition inform the user that if he/she has objection over the change, he/she has the option to notify the Company of termination of this Contract during the aforesaid time period:
1. The manner by which the Company or the user notifies the other party of any unauthorized use or theft of user ID, password, certificate, or registered stored value card, or any other situation that is not legally authorized; or
2. Other matters as provided by the competent authority.
Article 22 (Notification)
The user agrees that unless it is otherwise agreed in this Contract, the Company shall deliver notices made under this Contract in an agreed manner based on the correspondence information provided by the user at the time he/she applied for the Service.
The user shall promptly notify the Company of address change in a manner as stated on the Service website or as agreed by the parties. If the user does not notify the Company of the address change in a manner as agreed by the parties, a notice is deemed delivered when the Company sends it according to the correspondence information originally given by the user.
Article 23 (Outsourcing of Business Operations)
The user agrees that the Company may, in accordance with applicable regulations or with approval from the competent authority, engage third parties (institutions) to process a part of the Service.
Where the Company has outsourced its business operations according to the preceding paragraph, the Company shall urge and ensure that outsourced service providers will observe the confidentiality provisions set out in applicable regulations without disclosing relevant information to third parties.
When an outsourced service provider engaged by the Company violates the Personal Data Protection Act that results in the personal information of the user being illegally collected, processed, or used, or the rights of the user being otherwise infringed, the user may seek damages from both the Company and the outsourced service provider.
Article 24 (Governing Law and Court of Jurisdiction)
This Contract shall be governed by the laws of the Republic of China.
If dispute arising out of the Service leads to litigation, the parties agree that ________ District Court shall be the court of jurisdiction for the first instance. However, the application of Article 47 of Consumer Protection Act or Paragraph 2, Article 28 and Article 436-9 of the Code of Civil Procedure on small claim court may not be excluded.
Article 25 (Delivery of Contract)
The Contract shall be executed in two counterparts and each party shall hold one original copy as evidence. |