User Agreement for iOnline Services
Last Update: 10 May 2019
Welcome to iOnline!
This User Agreement ("Agreement") is a contract between you and iOnline Development Limited, a company registered under the laws of Hong Kong SAR China, and governs your use of all iOnline Services. Using the iOnline Services means that you must accept all of the terms and conditions contained in this Agreement and the agreements on the Legal Agreements page including the Privacy Statement and the Acceptable Use Policy. You should read all of these terms carefully.
Jump to section:
1. Payment Services and Eligibility.
2. Sending Payments.
3. Eligibility for Use.
4. Account Balances.
5. Withdrawing Money.
6. Closing Your Account.
7. iOnline Buyer Protection.
8. Errors and Unauthorized Transactions.
9. iOnline Seller Protection.
10. Restricted Activities.
11. Your Liability - Actions We May Take.
12. Disputes with iOnline.
13. General Terms.
14. Definitions.
Exhibit A - Fees.
We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If the revised version includes a Substantial Change, we will provide you with 30 Days' prior notice of any Substantial Change by posting a notice on the "Policy Updates" page of our website. All future changes set out in the Policy Update already published on the ¡§Legal Agreements¡¨ page of the iOnline website at the time you register for the iOnline Services are incorporated by reference into this Agreement and will take effect as specified in that Policy Update.
Consumer advisory - Please note that Stored Value Facilities balances are not protected by the Hong Kong Deposit Protection Scheme. Consumers (Users) in Hong Kong SAR China, are advised to read these terms and conditions carefully.
This is an important document which you must consider carefully when choosing whether to use the iOnline Services. Please note the following risks of using the iOnline Services:
Payments received in your Account may be reversed at a later time, for example, if a payment is subject to a Chargeback, Reversal, Claim or is otherwise invalidated. This means that a payment may be reversed from your Account after you have provided the sender the goods or services that were purchased.
If you are a Seller, you can lower the risk of a payment being reversed from your Account by following the criteria set out in the Seller Protection section and by following the other guidance provided in the "Security Center page" accessible via every page of the iOnline website.
We may close, suspend, or limit your access to your Account or the iOnline Services, and/or limit access to your funds if you violate this Agreement, the iOnline Acceptable Use Policy, or any other agreement you enter into with iOnline.
You are solely responsible for understanding and complying with any and all laws, rules and regulations of Hong Kong SAR China that may be applicable to you in connection with your use of the iOnline Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.
This Agreement is not a solicitation of the iOnline Services and iOnline is not targeting any country or market through this Agreement.
1. Payment Services and Eligibility.
1.1 Payment Services. iOnline is a payment services provider and acts as such by creating, hosting, maintaining and providing our iOnline Services to you via the Internet. Our services allow you to send payments to anyone with a iOnline Account, and, where available, to receive payments. Our service availability varies by country. We offer services in compliance with local laws and regulations. Click here to see which services are available in Hong Kong SAR China.
We do not have any control over, and are not responsible or liable for, the products or services that are paid for with our iOnline Service. We cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction.
iOnline is not a common carrier or public utility.
1.2 Eligibility. To be eligible to use the iOnline Services, you must be at least 18 years old, and a resident of Hong Kong SAR China.
You must list Hong Kong SAR China as your correct country of residence in your Account. This Agreement applies only to Users who are residents of Hong Kong SAR China. If you are a resident of another country, you may access the agreement that applies to you from our website in your country.
1.3 Information. In order to open and maintain an Account, you must provide us with correct and updated Information.
a. Your contact information. It is your responsibility to keep your primary email address up to date so that iOnline can communicate with you electronically. You understand and agree that if iOnline sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, iOnline will be deemed to have provided the Communication to you effectively. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add iOnline to your email address book so that you will be able to view the Communications we send to you.
You can update your primary email address or street address at any time by logging into the iOnline website. If your email address becomes invalid such that electronic Communications sent to you by iOnline are returned, iOnline may deem your Account to be inactive, and you will not be able to transact any activity using your iOnline Account until we receive a valid, working primary email address from you.
b. Identity Verification. You authorize iOnline, directly or through third parties, to make any inquiries we consider necessary to validate your identity, including as necessary to comply with our obligations under applicable laws and regulations. This may include asking you for further information or documentation, requiring you to provide personal identification documents (including copies of your Hong Kong Identification Card or valid travel document), documents verifying your residential address, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report or verifying your Information against third party databases or through other sources.
c. Credit Report Authorization. If you open a Business Account, you are providing iOnline with your written instructions and authorization in accordance with any applicable law to obtain your personal and/or business credit report from a credit rating agency. You are also authorizing iOnline to obtain your business credit report: (a) when you request certain new products, or (b) at any time iOnline reasonably believes there may be an increased level of risk associated with your Business Account.
d. Updates to Information. If your credit card number or expiration date changes, we may update it without any action on your part and we may acquire such updated information from a third party including our financial services partner, the card networks, and your bank or card issuer. If you do not want us to update your card information, you may contact your issuer to request this or remove your Payment Method from your iOnline Account. If we update your Payment Method, we will keep any preference setting attached to such Payment Method.
1.4 Beneficial Owner.
You must be the beneficial owner of the Account, and conduct business only on behalf of yourself.
1.5 Presentation of iOnline
You agree to provide equal treatment to iOnline and/or other payment methods or marks you offer at your points of sale (e.g. websites or mobile applications). This includes at least equal or substantially similar: logo placement, position within any point of sale, and treatment in terms of payment flow, terms, conditions, restrictions, or fees, in each case as compared to other marks and payment methods at your points of sale.
In representations to your customers or in public communications, you agree not to mischaracterize iOnline as a payment method or exhibit a preference for other payment methods over iOnline. Within all of your points of sale, you agree not to try to dissuade or inhibit your customers from using iOnline or encourage the customer to use an alternate payment method. If you enable your customers to pay you with iOnline, whenever you display or exhibit the payment methods that you accept (either within any point of sale or in your marketing materials, advertising and other customer communications) you agree to display the iOnline payment marks at least as prominently, and in at least as positive a manner, as you do for all other payment methods.
2. Sending Payments.
2.1 Sending Limits. We may, at our discretion, impose limits on the amount of payments you can send through the iOnline Services. You can view your sending limit, if any, by logging into your Account. If you have a Verified Account, we may increase your sending limits.
2.2 Default Payment Methods. When you make a payment, if you have not selected a Preferred Payment Method, iOnline will fund your transaction in this order (subject to availability based on your Payment Methods and in Hong Kong SAR China):
a. Balance
b. Instant Transfer from your bank account
c. Debit card
d. Credit card
e. eCheck
Note: If you do not want to use your balance, you must withdraw it before making a payment.
2.3 Cards as Payment Methods. By adding a debit card or credit card as a Payment Method, you are providing iOnline with continuous authority to automatically charge that card to obtain the relevant funds when the card is used as a Payment Method pursuant to this Agreement. You can stop the continuous authority in respect of any card by removing that card as a Payment Method in your Account Profile.
2.4 Preferred Payment Method. You may select a Preferred Payment Method each time you make a payment, except for a Preapproved Payment or a No Log-In Payment.
For a Preapproved Payment and, in most instances, a No Log-In Payment, you can select a Preferred Payment Method when you provide your initial authorization for this payment and through the My Preapproved Payments section of your Account Profile.
If you select a Preferred Payment Method but have available balance in your Account, your balance will be used to fund your payment. If eCheck is your Preferred Payment Method, it will be used to fund your iOnline payment, even if you have a balance. iOnline may limit the Payment Methods available for a transaction.
2.5 Refused and Refunded Payments. When you send a payment online using iOnline and the transaction is ultimately refunded, the money will be refunded to the original payment method you used for the transaction if you used a debit card, credit card or iOnline balance. If you used a bank account as the payment method for the transaction, we will refund the money to your bank account, or to your iOnline balance if we cannot refund it to your bank account.
When you buy something from a seller using iOnline that required a currency conversion which iOnline performed, and a refund is issued:
Within 60 days of the date of the original payment, the exchange rate used at the time of the original payment will apply.
Beyond 60 days of the date of the original payment, the exchange rate on the date of the refund will apply.
2.6 Merchant Processing Delay. When you send a payment to certain Merchants, you are providing an Authorization to the Merchant to process your payment and complete the transaction. The payment will be held as pending until the Merchant processes your payment. Some Merchants may delay processing your payment. In such an instance, your Authorization will remain valid for up to 30 Days. If your payment requires a currency conversion, the exchange rate will be determined at the time the Merchant processes your payment and completes the transaction.
2.7 Preapproved Payments. A Preapproved Payment is a payment in which you Authorize a Merchant to directly charge your Account on a one-time, regular, or sporadic basis. Preapproved Payments are sometimes called "subscriptions", "recurring payments¡¨, ¡§preauthorized transfers¡¨ or "automatic payments". Within two (2) Business Days of any Preapproved Payment made from your Account, you will receive a confirmation of this transaction by email.
a. Notice for Certain Preapproved Payments. If a Preapproved Payment will vary in amount and is made using an Instant Transfer, eCheck, debit card Payment Method or your iOnline balance, you have the right to advance notice of the amount and date of the transfer from the Merchant at least 10 Days before the transfer is made. If the Merchant provides the option, you may choose to receive this advance notice only when the amount of your Preapproved Payment will fall outside a range established between you and the Merchant. This notice is designed to protect you from having insufficient funds in your bank account to cover the Preapproved Payment.
2.8 Stopping a Preapproved Payment. You may stop a Preapproved Payment at any time up to 3 Business Days prior to the date the next payment is scheduled to be made by notifying iOnline. To stop a Preapproved Payment, access the "My Preapproved Payments" section of your Account Profile and follow the links to stop the payment. You may also stop a Preapproved Payment by calling iOnline at 1-402-935-2050 (in the U.S.) or (852) 35508574 (in Hong Kong SAR China). Once you contact iOnline to stop a Preapproved Payment, all future payments under your agreement with the Merchant will be stopped. If you stop a Preapproved Payment you may still be liable to the Merchant for the payment or for other penalties under the terms of your agreement with the Merchant and you may be required to pay the Merchant through alternative means. We will be liable for your losses or damages directly caused by our failure to stop any Preapproved Payment if you have followed the instructions in this section to notify us.
3. Eligibility for Use.
3.1 Ability to Receive Payments. The ability to receive payments varies by country. As a resident of Hong Kong SAR China, you have the ability to send and receive payments. If you open a Business Account, iOnline may allow anybody (with or without a iOnline Account) to initiate a payment to your Account. By integrating into your online checkout/platform any functionality intended to enable a payer without an Account to send a payment to your Account, you agree to all further terms of use of that functionality which iOnline will make available to you on any page on the iOnline or Braintree website (including any page for developers and our Legal Agreements page or online platform. Such further terms include the iOnline Local Payment Methods Agreement.
3.2 Automatic Transfer Countries. Hong Kong SAR China is not an Automatic Transfer Country. Accordingly, the terms regarding Automatic Transfer will not apply to you.
3.3 Liability for Invalidated Payments. When you receive a payment, you are liable to iOnline for the full amount of the payment sent to you plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by the sender, plus the applicable Fees listed in Exhibit A (Fees) of this Agreement if you lose a Claim or a Chargeback, or if there is a Reversal of the payment.
You agree to allow iOnline to recover any amounts due to iOnline by debiting your balance. If there are insufficient funds in your balance to cover your liability, you must reimburse iOnline through other means. If a sender of a payment files a Chargeback, the card issuer, not iOnline, will determine who wins the Chargeback.
3.4 No Surcharges. You agree that you will not impose a surcharge or any other fee for accepting iOnline as a payment method without our express written consent. You may charge a handling fee in connection with the sale of goods or services, as long as the handling fee is not higher than the handling fee you charge for non-iOnline transactions.
3.5 Receiving Personal Payments. If you are selling goods or services, you may not ask the buyer to send you a Personal Payment for the purchase.
3.6 Preapproved Payments and/or No Log-In Payments. If you receive Preapproved Payments and/or No Log-In Payments you must receive your buyer¡¦s Authorization to the payment amount, frequency and duration prior to submitting the payment.
3.7 Micropayments for Digital Goods. To qualify to receive Micropayments for Digital Goods, you must submit an application, be approved by us, and have an Account in good standing. By applying for Micropayments for Digital Goods, you agree that for Digital Goods transactions you receive up to the amounts in the table below, then if a buyer opens a Dispute, iOnline may reverse the transaction, and remove the funds from your Account without requiring the buyer to escalate the Dispute to a Claim.
4. Account Balances.
4.1 Balances. If you hold a balance, iOnline will hold your funds in its stored value facility. iOnline will hold these funds in pooled accounts separate from its corporate funds, and it will not use your funds for its operating expenses or for any other corporate purposes. iOnline will not voluntarily make your funds available to its creditors in the event of bankruptcy. You acknowledge you acquire no rights or title, nor shall you be entitled to receive interest or other earnings on the amounts in your balance that iOnline holds on your behalf.
4.2 Setoff of Past Due Amounts. If you have a past due amount owed to iOnline, an Affiliate, or eBay iOnline may debit your Account to pay any amounts that are more than 180 Days past due.
4.3 Negative Balances and Multiple Currencies. If your Account has a negative balance, iOnline may set-off the negative balance with any funds that you subsequently add or receive into your Account. If you have multiple currency balances in your Account and one of the currency balances becomes negative for any reason, iOnline may set-off the negative balance by using funds you maintain in a different currency balance. If you open more than one Account, iOnline may set off the negative balance in one Account by using any balance that you maintain in your other Account(s). In the event that a negative balance is offset by iOnline pursuant to this paragraph, it may be bundled with another debit coming out of your Account.
5. Withdrawing Money.
5.1 How to Withdraw Money. You may withdraw funds from your Account by electronically transferring them to your U.S. bank account or to your Hong Kong SAR China bank account. The currencies in which you may withdraw your funds to your Hong Kong bank account may be limited. Unless otherwise specified, when withdrawing your funds to your Hong Kong bank account, funds may only be withdrawn in Hong Kong Dollars. If you are holding a balance in U.S. Dollar, you may be able to withdraw the funds to your linked U.S. bank account. If you are holding a balance in a foreign currency, you may only withdraw that balance (or part thereof) after it has been converted to (a) Hong Kong Dollars if you are withdrawing your funds to your Hong Kong bank account or (b) U.S. Dollar if you are withdrawing your funds to your linked U.S. bank account.
5.2 Withdrawal Limits. Depending on the degree to which you have Verified your Account, we may limit your ability to withdraw funds until you comply with our requests for information. You can view your withdrawal limit, if any, by logging into your Account. In addition, we may delay withdrawals of large sums of money while we perform a risk review. Please see terms and conditions of the iOnline Retiros service for information regarding the limits applicable to such service.
5.3 Withdrawal Fees. When withdrawing your balance, you will be charged the Withdrawing your Balance Fee as set out in Exhibit A (Fees) depending on the method of withdrawal. In addition, if you withdraw your balance in a currency other than the currency in which the balance on your Account is denominated, you will additionally be charged Currency Conversion Fees as set out in Exhibit A (Fees).
6. Closing Your Account.
6.1 How to Close Your Account. You may close your Account at any time by following the instructions in your Account Profile. Upon Account closure, we will cancel any pending transactions and you will forfeit any balances associated with Redemption Codes, unless otherwise legally prohibited. You must withdraw your balance prior to closing your Account.
6.2 Limitations on Closing Your Account. You may not evade an investigation by closing your Account. If you close your Account while we are conducting an investigation, we may hold your funds to protect iOnline, Affiliates or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.
7. iOnline Buyer Protection.
7.1 Types of Problems Covered. iOnline Buyer Protection helps you if you encounter either of these problems:
"Item Not Received" (INR): You did not receive the item you paid for with iOnline; or
"Significantly Not as Described" (SNAD) You received an item you paid for with iOnline but it is Significantly Not as Described (SNAD).
If your problem is a transaction that you did not authorize, please see section 8 below.
An item is "Significantly Not as Described" (SNAD) if it is materially different from what the Seller described on its website or in the item listing. Here are some examples:
You received a completely different item. For example, you purchased a book and received a DVD or an empty box.
The condition of the item was misrepresented. For example, the description when you bought the item said ¡§new¡¨ and the item was used.
The item was advertised as authentic but is not authentic.
The item is missing major parts or features which were not disclosed in its description when you bought the item.
You purchased three items from a Seller but only received two.
The item was materially damaged during shipment.
An item is not Significantly Not as Described (SNAD) if it is materially similar to the Seller's item listing description. Here are some examples:
The defect in the item was correctly described by the Seller.
The item was properly described but you didn't want it after you received it.
The item was properly described but did not meet your expectations.
The item has minor scratches and was listed as used condition.
The item was listed as used condition and you picked it up in person after examining the item.
7.2 Eligibility Requirements.
a. To be eligible for iOnline Buyer Protection you must meet all of the following requirements:
Your payment must be for an eligible item and made from your iOnline Account (see Section 7.3 for further details on item eligibility)
Open a Dispute within 180 Days of the date you sent the payment ¡V then follow the online dispute resolution process described below under "Dispute Resolution"
You must respond to iOnline¡¦s request for documentation and other information in a timely manner
Have an Account in good standing
You have not received a recovery related to such purchase from another source
7.3 Ineligible Items. Payments for the following are not eligible for reimbursement under iOnline Buyer Protection:
Real estate
Businesses (when you buy all or part of a business)
Vehicles, including motorcycles, caravans, aircrafts and boats
Significantly Not As Described Claims for custom made items
Payments on crowdfunding platforms
Items that violate iOnline's Acceptable Use Policy
For Item Not Received (INR) items which you collect in person, or arrange to be collected on your behalf, including at a retail point of sale
Industrial machinery used in manufacturing
Stored value items such as gift cards and pre-paid cards
Gold bullion
Gambling, gaming and other activity with an entry fee and a prize
Anything purchased from or an amount paid to a government agency
Personal Payments
Mass Payment / Payouts
Donations
Financial products or investments
Even if your payment is not eligible for iOnline Buyer Protection, you can file a Dispute and resolve the issue directly with the Seller, however, iOnline will not find in your favor if you escalate a Dispute to a Claim when an item is not eligible for iOnline Buyer Protection.
7.4 Coverage Amount. If you are eligible for iOnline Buyer Protection and iOnline finds in your favor on your Claim, iOnline will reimburse you for the full purchase price of the item and original shipping costs.
iOnline will not reimburse you for the return shipping costs that you incur to return a Significantly Not as Described (SNAD) item to the Seller or other party specified by iOnline. If the Seller presents evidence that they delivered the goods to your address, iOnline may find in favor of the Seller for an Item Not Received (INR) Claim even if you did not receive the goods.
7.5 Dispute Resolution. If you are unable to resolve a problem directly with a Seller, you can go to the Resolution Center and follow this process:
Open a Dispute. Open a Dispute within 180 Days of the date you made the payment to negotiate with the Seller for resolution of the Dispute.
Escalate the Dispute to a Claim. If you and the Seller are unable to come to an agreement, you can escalate the Dispute to a Claim within 20 Days after opening the Dispute.
You must wait at least 7 Days from the date of payment to escalate a Dispute for an Item Not Received (INR) Claim. If you do not escalate the Dispute to a Claim within 20 Days, iOnline will permanently close the Dispute.
Respond to iOnline's requests for information in a timely manner. During the Claim process, iOnline may require you to provide documentation or other information. You may be asked to provide receipts, third party evaluations, police reports, or anything else that iOnline specifies.
Comply with iOnline's shipping requests in a timely manner. For Significantly Not as Described (SNAD) Claims, iOnline will generally require you, at your expense, to ship the item back to the Seller, or to iOnline, or to a third party and to provide proof of delivery.
For transactions that total less than $250 USD (or the equivalent in other currencies as listed below), proof of delivery is confirmation that can be viewed online and includes the delivery address showing at least city/state or postal code, delivery date, and the URL to the shipping company¡¦s website if you¡¦ve selected ¡§Other¡¨ in the shipping drop down menu. For transactions that total $250 USD or more (or the equivalent in other currencies as listed in the table below), you must also get a signature confirmation of the delivery.
Claim Resolution Process. Once a Dispute has been escalated to a Claim, iOnline will make a final decision in favor of the buyer or the Seller. You may be asked to provide receipts, third party evaluations, police reports, or anything else that iOnline specifies. iOnline retains full discretion to make a final decision in favor of the buyer or the Seller. In the event that iOnline makes a final decision in favor of the buyer or Seller, each party must comply with iOnline¡¦s decision. iOnline will generally require the buyer to ship an item that the buyer claims is SNAD back to the Seller (at the buyer¡¦s expense), and iOnline will generally require a Seller to accept the item back and refund the buyer the full purchase price plus original shipping costs. In the event a Seller loses a Claim, the Seller will not receive a refund on his or her iOnline fees associated with the transaction. If you are a Seller and you lose a SNAD Claim because the item you sold is counterfeit, you will be required to provide a full refund to the buyer and you will not receive the item back.
7.6 Digital Goods Micropayment Disputes and Claims. If you file a Dispute for a Digital Goods purchase of up to the amounts in the table below, iOnline may, at its sole discretion, refund the transaction without requiring you to escalate the Dispute to a Claim.
iOnline may limit the number of Digital Goods refunds that you may receive. If these are limited or if your purchase is not eligible for coverage, you will still be able to follow iOnline¡¦s standard dispute resolution processes described in this Section 7 to attempt to resolve the issue with the Seller directly.
7.7 Relationship between iOnline's protection programs and Chargebacks. Credit card Chargeback rights, if they apply, may be broader than iOnline¡¦s protection programs. Chargebacks may cover unsatisfactory items even if they do not qualify as SNAD. You may pursue a Dispute/Claim with iOnline, or you may contact your credit card company and pursue your Chargeback rights. You may not pursue both at the same time or seek a double recovery. If you have an open Dispute or Claim with iOnline, and also file a Chargeback with your credit card company, iOnline will close your Dispute or Claim, and you will have to rely solely on your Chargeback rights.
Before contacting your card issuer or filing a Dispute with iOnline, you should contact the Seller to resolve your issue in accordance with the Seller¡¦s return policy as stated on their auction or website.
7.8 Claims filed with Seller or other third parties. You may not file a Dispute/Claim under iOnline Buyer Protection if you have already filed a claim with the Seller or another third party (other than eBay).
7.9 No Double Recovery. You may not receive a recovery for a purchase under iOnline Buyer Protection if you have already received a recovery for that purchase directly from the Seller or another third party.
8. Errors and Unauthorized Transactions.
8.1 Protection for Unauthorized Transactions and Errors. When an Unauthorized Transaction or an Error occurs in your Account, iOnline will cover you for the full amount of every eligible Unauthorized Transaction or Error so long as you follow the procedures discussed below.
An Unauthorized Transaction occurs when a payment is sent from your Account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your Account, and sends a payment from your Account, an Unauthorized Transaction has occurred. 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 Notification Requirements.
a. You should immediately notify iOnline if you believe:
there has been an Unauthorized Transaction or unauthorized access to your Account;
there is an Error in your Account history statement (you can access your Account history statement by logging into your Account and clicking on a link to ¡§View all of my transactions¡¨ ) or in your transaction confirmation sent to you by email;
your password or iOnline Mobile PIN has been compromised;
your iOnline Mobile-activated phone has been lost, stolen or deactivated; or
you need more information about a transaction listed on the statement or transaction confirmation.
b. To be eligible for protection for Unauthorized Transactions, you must notify us within 60 Days after any Unauthorized Transaction first appears in your Account history statement. We will extend the 60 Day time period if a good and demonstrable reason, such as a hospital stay, kept you from notifying us within 60 Days.
You should regularly log into your Account and review your Account history statement to ensure that there has not been an Unauthorized Transaction or Error. iOnline will 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 authorized and is accurate.
For Unauthorized Transactions or Errors in your Account, notify us as follows:
Use this form to file a report in the iOnline Resolution Center; or
Write to iOnline, Attn: Error Resolution Department, P.O. Box 45950, Omaha, NE 68145-0950; or
Call iOnline Customer Service at (852) 35508574 (in Hong Kong) or (402) 935-7733 (in the U.S.).
When you notify us, provide us with all of the following information:
Your name and email address registered to your Account;
A description of any suspected Unauthorized Transaction or Error and an explanation as to why you believe it is incorrect or why you need more information to identify the transaction; and
The amount of any suspected Unauthorized Transaction or Error.
If you notify us orally, we may require that you send us your complaint or question in writing within 10 Business Days. During the course of our investigation, we may request additional information from you.
8.3 iOnline Actions after Receipt of Your Notification. Once you notify us of any suspected Unauthorized Transaction or Error, or we otherwise learn of one, we will do the following:
We will conduct an investigation to determine whether there has been an Unauthorized Transaction or Error that is eligible for protection.
We will complete our investigation within 10 Business Days of the date we received your notification of the suspected Unauthorized Transactions or Error. If your Account is new (the first transaction from your Account was less than 30 Business Days from the date you notify us), we may take up to 20 Business Days to complete this investigation. If we need more time, we may take up to 45 Days to complete our investigation (or up to 60 Days for new Accounts, or if your transaction was at a point of sale where you were physically present, or a foreign initiated transaction).
If we decide that we need more time to complete our investigation, we will provisionally credit your Account for the amount of the suspected Unauthorized Transaction or Error. You will receive the provisional credit within 10 Business Days of the date we received your notice (or 20 Business Days for new Accounts). This will allow you to have use of the money until we complete the investigation. We will notify you of the provisional credit within 2 Business Days of the crediting. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days (or 20 Business Days for new Accounts), we will not provisionally credit your Account.
We will inform you of our decision within 3 Business Days after completing our investigation.
If we determine that there was an Unauthorized Transaction or Error, we will promptly credit the full amount into your Account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.
If we decide that there was not an Unauthorized Transaction or Error, we will include an explanation of our decision in our email to you. If you received a provisional credit, we will remove it from your Account and notify you of the date and amount of the debit. You may request copies of the documents that we used in our investigation.
8.4 iOnline Errors. We will rectify any Error that we discover. If the Error results in your receipt of less than the correct amount to which you are entitled, iOnline 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, iOnline will debit the extra funds from your Account.
8.5 Your Errors. 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), your only recourse will be to contact the party to whom you sent the payment and ask them to refund the payment. iOnline will not reimburse you or reverse a payment that you have made in error.
9. iOnline Seller Protection.
9.1 iOnline Seller Protection.
iOnline Seller Protection is protection we provide to Sellers from Claims, Chargebacks, or Reversals that are based on:
Unauthorized Transactions (except for any unauthorized transactions initiated in an environment not hosted by iOnline); or
Item Not Received.
iOnline Seller Protection is available for eligible payments from iOnline Account holding buyers in any country. If you sell or market to buyers in other countries, you should read the iOnline Buyer Protection policies of the countries in which your target buyers are based (the relevant iOnline Buyer Protection policies are available here) as these policies will apply to you as a Payment Recipient or Seller.
9.2 Scope of Protection. iOnline will pay you the full amount of the eligible payment and waive the Chargeback Fee, if applicable.
9.3 Eligibility Requirements. To be eligible for iOnline Seller Protection, you must meet all of these requirements:
The item purchased must be a physical, tangible good (except for motor vehicles) or an eligible type of intangible, virtual good or service;
If you are a Seller of digital goods (i) iOnline has communicated to you that your digital goods are eligible for iOnline Seller Protection and (ii) you have complied with all integration requirements that was specifically notified to you by iOnline;
You receive payment via iOnline from a buyer¡¦s iOnline Account;
You must accept a single payment from one iOnline Account for the purchase (partial payment and/or payment in installments are excluded);
You post the item to the shipping address on the ¡§Transaction Details¡¨ page. If the item is delivered in person or picked up in person or if you post the item to a different address (for example, if the buyer asks that you send to another address on the basis that it is a ¡§work address¡¨ or a ¡§gift address¡¨), then you will not be eligible for iOnline Seller Protection;
Follow the postage requirements described below:
The transaction must be marked by iOnline as eligible or partially eligible for iOnline Seller Protection on your Account ¡§Transaction Details¡¨ page. If it is marked eligible, protection for both Unauthorized Transaction and Item Not Received will apply. If it is marked partially eligible, protection for only Item Not Received will apply;
You must respond to iOnline's requests for documentation or other information that is reasonably required by iOnline to investigate in a timely manner;
Your eligibility is not otherwise suspended.
9.4 Postage requirements for Sellers in Hong Kong SAR China
Postage requirement
Protection for Item Not Received
For items less than $750 USD (or equivalent as set out below)*, Proof of Shipment or Proof of Delivery (for intangible or virtual items or services)
For items of $750 USD or more (or equivalent as set out below)*, Proof of Delivery (for tangible items) or Proof of Delivery (for intangible or virtual items or services)
Protection for Unauthorized Transaction
Proof of Shipment
¡§Proof of Shipment¡¨ means online or physical documentation from a shipping company that includes all of the following:
Status of ¡§shipped¡¨ (or equivalent) and the date of postage;
The recipient¡¦s name and address must match those shown on the ¡§Transaction Details¡¨ page;
The sender¡¦s name and address must match the Seller¡¦s name and address;
Online tracking information showing status of shipment.
¡§Proof of Delivery (for tangible items)¡¨ means online or physical documentation from a shipping company that includes (or where the shipping company warrants that they have obtained) all of the following:
A status of ¡§delivered¡¨ (or equivalent) and the date of delivery;
The recipient¡¦s name and address must match those shown on the ¡§Transaction Details¡¨ page;
Online documentation that can be viewed at the shipping company¡¦s website and indicates that the item was signed for on delivery.
¡§Proof of Delivery (for intangible or virtual items or services)¡¨ means any compelling evidence to show the purchase order was fulfilled that includes all of the following:
The date the item or service was provided;
The recipient¡¦s address (email/IP, etc) where applicable.
9.5 iOnline Seller Protection Process
iOnline will place a temporary hold on the funds in your Account to cover the full amount of the Claim, Chargeback or Reversal. We will ask you to provide Proof of Shipment or Proof of Delivery (for tangible items) or Proof of Delivery (for intangible or virtual items or services) and any other information we need to determine whether the transaction meets the eligibility requirements for iOnline Seller Protection.
We will use our reasonable discretion to determine whether a transaction meets the iOnline Seller Protection eligibility requirements. If it does, we will lift the temporary hold and restore the funds to your Account.
If the payment is not covered by iOnline Seller Protection, iOnline will remove the funds from your Account and return the payment to the buyer. In addition, you will be responsible for iOnline¡¦s Chargeback Fee, if applicable.
9.6 Suspension of Eligibility for iOnline Seller Protection
We may suspend your eligibility for iOnline Seller Protection if we hold a reasonable belief that there is an increased risk associated with your Account. In assessing a risk, we will consider the:
Total monetary amount and / or number of Claims, Chargebacks or Reversals issued against your iOnline Account;
Reasonable risk of your Account to the integrity of iOnline and our system; and
Potential losses occurring to us or our users.
We may suspend your eligibility for iOnline Seller Protection if it is linked or associated with another Account which has been suspended.
We will lift the suspension provided we no longer hold a reasonable belief that there is an increased risk associated with your Account.
If we reasonably believe a risk still exists, we may in our sole discretion, require you to take certain action in order to lift the suspension of your eligibility for iOnline Seller Protection. You must follow our directions as reasonably required by iOnline within the timeframe specified.
We will notify you by email if we suspend or lift the suspension of your eligibility for iOnline Seller Protection.
9.7 Examples of Items/Transactions not Eligible for iOnline Seller Protection.
The following are examples of items/transactions not eligible for iOnline Seller Protection:
Vehicles, including motorcycles, caravans, aircrafts and boats
Claims or Chargebacks for Significantly Not as Described
Items that you deliver in person, including at a point of sale
Items equivalent to cash (including, without limitation, gift cards or vouchers)
Gold bullion
Counterfeit goods
iOnline Direct Payments (including Virtual Terminal Payments and Website Payments Pro/Plus payments), iOnline Here payments and carrier billing products
Mass Payment / Payouts
Items that are sent after iOnline has advised the Seller not to release the item
Items that are not shipped to the recipient address as stated in the ¡§Transaction Details¡¨ page. If you originally ship the item to the recipient address but the item is later redirected to a different address, you will not be eligible for iOnline Seller Protection. We therefore recommend not using a shipping service that is arranged by the buyer, so that you will be able to provide valid Proof of Shipping and Proof of Delivery (for tangible items)
Donations
Financial products and investments
9.8 Exclusions from iOnline Seller Protection
If we reasonably determine, having considered all relevant circumstances, that you have abused the iOnline Seller Protection Policy, we may at our sole discretion, exclude you from the iOnline Seller Protection Policy or take any other actions pursuant to this Agreement. We will notify you if you are excluded.
If you receive payment under iOnline Seller Protection which you are not entitled or eligible to receive, the payments are repayable immediately by you and may be recovered as a debt due and payable to iOnline.
10. Restricted Activities.
10.1 Restricted Activities. In connection with your use of our website, your Account, the iOnline Services, or in the course of your interactions with iOnline, other Users, or third parties, you will not:
a. Breach this Agreement, the Commercial Entity Agreement, the Acceptable Use Policy or any other Policy that you have agreed to with iOnline;
b. Violate any applicable law, statute, ordinance, or regulation;
c. Infringe iOnline's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
d. Sell counterfeit goods;
e. Act in a manner that is defamatory, trade libelous, threatening or harassing to our employees, agents or other Users;
f. Provide false, inaccurate or misleading Information;
g. Engage in potentially fraudulent or suspicious activity and/or transactions;
h. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
i. Receive or attempt to receive funds from both iOnline and the Seller, bank or card issuer for the same transaction during the course of a Dispute;
j. Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
k. Conduct your business or use the iOnline Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to iOnline, other Users, third parties or you;
l. Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the iOnline Services;
m. Use your Account or the iOnline Services in a manner that iOnline, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
n. Allow your Account to have a negative balance;
o. Use a credit card with your Account to provide yourself a cash advance (or help others to do so);
p. Access the iOnline Services from a country that is not listed on iOnline's Worldwide page.
q. Disclose or distribute another User's Information to a third party, or use the Information for marketing purposes unless you receive the User¡¦s express consent to do so;
r. Send unsolicited email to a User or use the iOnline Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
s. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
t. Facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
u. Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
v. Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the iOnline Services;
w. Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers; or
x. Abuse (as either a buyer or seller) our online Dispute Resolution process and/or iOnline Buyer Protection.
11. Your Liability - Actions We May Take.
11.1 Your Liability.
a. General. You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by iOnline, a User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the iOnline Services. You agree to reimburse iOnline, a User, or a third party for any and all such liability.
b. Liability for Claims under iOnline Buyer Protection. If you are a Seller and you lose a Claim filed directly with iOnline, you will be required to reimburse iOnline for your liability. Where you receive payment from a iOnline Account holder in another country and we determine under the Buyer Protection policy of that country that the funds received should be returned or reversed, you will be required to reimburse iOnline for your liability (before receiving payment from a iOnline Account holder in another country, you should review the relevant iOnline Buyer Protection policies available here). Your liability will include the full purchase price of the item plus the original shipping cost (and in some cases you may not receive the item back), and the iOnline Fees that you were charged for the transaction. iOnline Seller Protection will cover your liability for eligible Claims based on Item not Received, and eligible Unauthorized Transactions - see Section 9 (iOnline Seller Protection) above.
If a buyer files a Significantly Not as Described (SNAD) Claim for an item he or she purchased from you, you will generally be required to accept the item back and refund the buyer the full purchase price plus original shipping costs. You will not receive a refund on your iOnline Fees. Further, if you lose a SNAD Claim because we, in our sole discretion, reasonably believe the item you sold is counterfeit, you will be required to provide a full refund to the buyer and you might not receive the item back from the buyer (for instance, it may be disposed of or otherwise irreversibly dealt with). iOnline Seller Protection will not cover your liability for SNAD Claims.
c. Liability for claims filed under eBay¡¦s Money Back Guarantee program. If you are an eBay Seller and eBay makes a final decision pursuant to its eBay Money Back Guarantee program holding you liable to reimburse the buyer, then you authorize iOnline to remove funds from your Account in an amount not greater than the amount of such claim and remit such funds to eBay.
d. Liability for instructions given by you on your Account. Any instructions given by you on your Account (whether verbal or in writing) once you have been authenticated will be relied on by iOnline. iOnline will not be liable for any loss or damage you or anyone else suffers where iOnline acts on those instructions in good faith, unless it was proved that iOnline was negligent.
11.2 Reimbursement for Your Liability. In the event that you are liable for any amounts owed to iOnline, iOnline may immediately remove such amounts from your balance. If you do not have a balance that is sufficient to cover your liability, your remaining balance (if any) will be removed, your Account will have negative balance up to the amount of your liability, and you will be required to immediately Add Money to your iOnline balance or reimburse iOnline through an alternative method. If you do not do so, iOnline may engage in collection efforts to recover such amounts from you.
11.3 Actions by iOnline ¡V Restricted Activities. If iOnline, in its sole discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect iOnline, Affiliates other Users, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
a. We may close, suspend, or limit your access to your Account or the iOnline Services;
b. We may suspend your eligibility for iOnline Buyer Protection and/or iOnline Seller Protection;
c. We may refuse to provide the iOnline Services to you now and in the future; and
d. We may hold your funds for a period of time reasonably needed to protect against the risk of liability to iOnline or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
f. We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Hong Kong SAR China or elsewhere and directed to iOnline or its Affiliates.
11.4 Actions by iOnline - Holds.
a. Risk-Based Holds. iOnline, in its sole discretion, may place a hold on any or all of the payments you receive when iOnline believes there may be a high level of risk associated with you, your Account, or any or all of your transactions. iOnline¡¦s determination may be based on different factors and iOnline may rely on information it receives from third parties. If iOnline places a hold on a payment, the funds will appear as pending balance or withheld and the payment status will indicate the hold. If iOnline places a hold on any or all of the payments you receive, iOnline will provide you with notice of our actions. iOnline will release the hold on any payment after 30 Days from the date the payment was received into your Account unless iOnline has a reason to continue to hold the payment such as (a) the receipt of a Dispute, Claim, Chargeback, or Reversal, (b) iOnline believes that you have violated the terms of this Agreement or any other Policy and that such a violation results in the need to continue holding the funds, or (c) iOnline believes that you may be engaging in potentially fraudulent or suspicious activity and/or transactions. In such an event, iOnline may continue holding the payment in your Account until the matter is resolved pursuant to this Agreement. iOnline, in its sole discretion, may release the hold earlier under certain circumstances, for example when you upload tracking information of the item you shipped.
b. Disputed Transaction Holds. If a User files a Dispute, Claim, Chargeback or Reversal on a payment you received, iOnline may place a temporary hold on the funds in your Account to cover the amount of the liability. If you win the dispute or the transaction is eligible for iOnline Seller Protection, iOnline will lift the temporary hold. If you lose the dispute, iOnline will remove the funds from your Account. This process also applies to any claim that a buyer files directly with eBay through the eBay Money Back Guarantee program, provided that your Account is your reimbursement method for amounts you owe to eBay or to the buyer (as the case may be) under the terms of the eBay Money Back Guarantee program.
11.5 Actions by iOnline - Reserves.
iOnline, in its sole discretion, may place a Reserve on funds held in your Business Account when iOnline believes there may be a high level of risk associated with your Account or your use of any of the products and/or services offered by iOnline and/or its Affiliates. If iOnline places a Reserve in your Account, transactions will be shown as "pending" in your iOnline balance, and you will not have access to funds in a ¡§pending¡¨ status until they are cleared. If your Account is subject to a Reserve, iOnline will provide you with notice specifying the terms of the Reserve. The terms may require that a certain percentage of the amounts received into your Account are held for a certain period of time, or that a certain amount of money is held in Reserve, or anything else that iOnline determines is necessary to protect against the risk associated with your Account. iOnline may change the terms of the Reserve at any time by providing you with notice of the new terms.
11.6 Actions by iOnline - Account Closure, Termination of Service, Limited Account Access; Confidential Criteria. iOnline, in its sole discretion, reserves the right to terminate this Agreement and/or access to the iOnline Services for any reason and at any time upon notice and payment to you of any unrestricted funds held in your balance. If we limit access to your Account, including through a Reserve or hold, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that iOnline¡¦s decision to take certain actions, including limiting access to your Account, placing holds or imposing Reserves, may be based on confidential criteria that is essential to our management of risk, the security of Users¡¦ Accounts and the iOnline system. You agree that iOnline is under no obligation to disclose the details of its risk management or its security procedures to you.
11.7 Acceptable Use Policy Violations. If you violate the Acceptable Use Policy then in addition to the above actions you will be liable to iOnline for the amount of iOnline¡¦s damages for each violation of the Acceptable Use Policy. You agree that $2,500.00 USD (or equivalent) per transaction in violation of the Acceptable Use Policy is presently a reasonable minimum estimate of iOnline¡¦s actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to iOnline that reasonably could be anticipated because due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. iOnline may deduct such damages directly from any existing balance in the offending Account, or any other Account you control.
11.8 Compliance with Data Protection Laws. With regard to any personal data processed by either Party in connection with this Agreement, the Parties will respectively each be a controller in respect of such processing. Each Party agrees to comply with the requirements of the Data Protection Laws applicable to controllers in respect of the provision of the Company Services and otherwise in connection with this Agreement. For the avoidance of doubt, iOnline and the Merchant each have their own, independently determined privacy policies, notices and procedures for the personal data they hold and are each a data controller (and not joint data controllers).
11.9 In complying with the Data Protection Laws, each Party shall, without limitation:
a. implement and maintain at all times all appropriate security measures in relation to the processing of personal data;
b. maintain a record of all processing activities carried out under this Agreement; and
c. not knowingly do anything or permit anything to be done which might lead to a breach by the other Party of the Data Protection Laws.
12. Disputes with iOnline.
12.1 Contact iOnline First. If a dispute arises between you and iOnline, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and iOnline regarding the iOnline Services may be reported to Customer Service online through the iOnline Help Center at any time, or by calling (852) 35508574 in Hong Kong SAR China or (402) 935-2050 (in the U.S.) from 6 AM to midnight, U.S. Central Time.
12.2 Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD (or other currencies equivalents), the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through the Hong Kong International Arbitration Centre or any other established alternative dispute resolution (¡§ADR¡¨) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
12.3 Law and Forum for Disputes. Except as otherwise agreed by the parties or as described in Section 12.2 above, you agree that any claim or dispute you may have against iOnline must be resolved by a court of competent jurisdiction located in Hong Kong SAR China or where the defendant is located. You agree to submit to the exclusive jurisdiction of Hong Kong courts for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of Hong Kong SAR China.
12.4 Improperly Filed Litigation. All claims you bring against iOnline must be resolved in accordance with Section 12 of this Agreement. All claims filed or brought contrary to Section 12 shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to Section 12, iOnline may recover attorneys¡¦ fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that iOnline has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
12.5 Notices to You. You agree that iOnline may provide you Communications about your Account, the iOnline Services and this Agreement electronically. iOnline reserves the right to close your Account if you withdraw your consent to receive electronic Communications. Any electronic Communications will be considered to be received by you within 24 hours of the time we post it to our website or email it to you. Any notice sent to you by postal mail will be considered to be received by you 3 Business Days after we send it.
12.6 Notices to iOnline. Except as otherwise stated above in Section 8 (Errors and Unauthorized Transactions) and Section 12.1, notice to iOnline must be sent by postal mail to: iOnline Development Limited, Attention: Legal Department, Rooms 1506-07, 15/F, Central Plaza, 18 Harbour Road, Wanchai, Hong Kong SAR China.
12.7 Insolvency Proceedings. If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, iOnline will be entitled to recover all reasonable costs or expenses (including reasonable attorneys¡¦ fees and expenses) incurred in connection with the enforcement of this Agreement.
12.8 Release of iOnline. If you have a dispute with one or more Users, you release iOnline and Affiliates (and their officers, directors, agents, joint ventures, employees and suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
13. General Terms.
13.1 Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS, ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF DATA OR LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE iOnline SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) UNLESS AND TO THE EXTENT PROHIBITED BY LAW OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDAREIS AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
13.2 Services Limitation. iOnline is not an authorised institution (licensed bank, restricted licence bank, or deposit-taking company) for the purpose of Banking Ordinance (Cap. 155)and the iOnline Services are stored value facility and payment processing services rather than banking services. iOnline does not have control of, nor liability for, the products or services that are paid for with the iOnline Services. We do not guarantee the identity of any User or ensure that a buyer or a Seller will complete a transaction.
13.3 No Warranty. SUBJECT TO APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE iOnline SERVICES ARE PROVIDED ¡§AS IS¡¨ AND WITHOUT ANY CONDITION, REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. iOnline, OUR PARENT AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED CONDITIONS OR WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. iOnline does not have any control over the products or services that are paid for with the iOnline Services and iOnline cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction or is authorized to do so. iOnline does not guarantee continuous, uninterrupted or secure access to any part of the iOnline Services, and operation of our site may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of our control. iOnline will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but iOnline makes no representations or warranties regarding the amount of time needed to complete processing because the iOnline Services are dependent upon many factors outside of our control, such as delays in the banking system or mail service. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from country to country.
13.4 Indemnification. You agree to defend, indemnify and hold iOnline, Affiliates, and our officers, directors, agents, joint ventures, employees and suppliers harmless from any claim, demand (including attorneys¡¦ fees), fine, or other liability incurred by any third party due to or arising out of your or your employees¡¦ or agents¡¦ breach of this Agreement and/or use of the iOnline Services.
13.5 iOnline License Grant to You. If you are using iOnline software such as an API, developer's toolkit or other software application that you have downloaded to your computer, device, or other platform, then iOnline grants you a revocable, non-exclusive, non-transferable license to use iOnline's software in accordance with the respective documentation. This license grant includes the software and all updates, upgrades, new versions and replacement software for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all iOnline documentation accompanying the iOnline Services. If you do not comply with iOnline's implementation and use requirements you will be liable for all resulting damages suffered by you, iOnline and third parties. iOnline may change or discontinue any APIs upon notice to you. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to iOnline's software are owned by iOnline. Any third party software application you use on the iOnline website is subject to the license you agreed to with the third party that provides you with this software. iOnline does not own, control nor have any responsibility or liability for any third party software application you elect to use on the iOnline website and/or in connection with the iOnline Services. If you are using the iOnline Services on the iOnline website, or other website or platform hosted by iOnline, or a third party, and are not downloading iOnline's software or using third party software applications on the iOnline website, then this section does not apply to your use of the hosted iOnline Services.
13.6 License Grant from You to iOnline; IP Warranties. Subject to section 13.7, when providing iOnline with content or posting content using iOnline Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against iOnline, its sublicensees or its assignees. You represent and warrant that none of the following infringe any intellectual property or publicity right: your provision of content to iOnline, your posting of content using the iOnline Services, and iOnline¡¦s use of such content (including of works derived from it) in connection with the iOnline Services.
13.7 License Grant from Merchants to iOnline. Section 13.6 notwithstanding, if you are a Merchant using iOnline Services, you grant iOnline the worldwide right to use and depict your business name, trademarks, and logos on our website and in iOnline¡¦s mobile and web-based application for the purpose of identifying and referring to your business and your products and services and facilitating consumer transactions with you.
13.8 Intellectual Property. "iOnline.com," "iOnline¡¨, ¡§iOnline.com.cn¡¨, ¡§iOnline.com.c2¡¨, ¡§iOnline.com.hk¡¨, ¡§iOnline.co.il¡¨, ¡§iOnline.co.jp¡¨, ¡§iOnline.com.tr¡¨, ¡§iOnline.com.sg¡¨ and all other URLs, logos and trademarks related to the iOnline Services are either trademarks or registered trademarks of iOnline or its licensors. You may not copy, imitate or use them without iOnline's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of iOnline. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by iOnline through our merchant services, auction tools features or affiliate programs without prior written consent for the purpose of directing web traffic to the iOnline Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to iOnline or the iOnline Services or display them in any manner that implies iOnline's sponsorship or endorsement. All right, title and interest in and to the iOnline website, any content thereon, the iOnline Services, the technology related to the iOnline Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of iOnline and its licensors.
13.9 Calls to You; Mobile Telephone Numbers. By providing iOnline a telephone number (including a mobile telephone number), you consent to receiving calls, including autodialed and prerecorded messages from iOnline at that number. If we determine that a telephone number you have provided to us is a mobile telephone number, we may categorize it as such in our systems and in your Account Profile, and you consent to receive text messages from us about your use of the iOnline Services at that number.
13.10 Marketing. If you receive Information about another User through the iOnline Services, you must keep the Information confidential and only use it in connection with the iOnline Services. You may not disclose or distribute a User's Information to a third party or use the Information for marketing purposes unless you receive the User's express consent to do so.
13.11 Password Security. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the iOnline Services.
13.12 Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. iOnline is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
Please be advised that you may be subject to withholding taxes or other tax liabilities with respect to importing services from a foreign entity. In addition, you may be subject to VAT, sales tax, income tax, or other tax liabilities as a seller of goods or services. It is your responsibility to check with your local tax advisor to determine which taxes apply to you, and it is your responsibility to pay such taxes to the appropriate tax authority. All Fees related to the iOnline Services are made free and clear of, and without any deduction or withholding for and on account of, any taxes, duties or other deductions. Any such deduction or withholding, if required by the laws of any country are your sole responsibility.
13.13 Complete Agreement and Survival. This Agreement, along with any applicable Policies on the Legal Agreements page on the iOnline website, sets forth the entire understanding between you and iOnline with respect to the iOnline Services. Sections 6 (Closing Your Account), 11 (Your Liability ¡V Actions We May Take), 12 (Disputes with iOnline), 13 (General Terms), 14 (Definitions), and Exhibit A (Fees) as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
13.14 Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without iOnline's prior written consent. iOnline reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
13.15 Translated Agreement. Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of a conflict between the English version of this Agreement and a version in a language other than English, the English version shall apply.
13.16 No Waiver. Our failure or delay to act with respect to a breach by you or others does not waive our right to act with respect to such breach or any subsequent or similar breaches.
13.17 Assumption of Rights. If iOnline pays out a Claim, Reversal or Chargeback that you file against a recipient of your payment, you agree that iOnline assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in iOnline's discretion.
13.18 Third Party Rights. A person who is not a party to this Agreement has no right to enforce any terms of this Agreement under the Contracts (Rights of Third Parties) Ordinance (Cap. 623).
14. Definitions.
"Account Profile" means the location on our website where you can, after logging in, view and manage your profile, including your personal information, Payment Method details, Preapproved Payments authorizations, your selling tools, and your Account settings including your notification preferences and API Access permissions.
"Account" or "iOnline Account" means a Personal or Business iOnline Account.
"Add Money" or "Top Up" means your ability to transfer money from your bank account to your iOnline Account.
"Affiliate" means iOnline Holdings Inc. or a company that is a direct or indirect subsidiary of iOnline Holdings Inc., or otherwise related to iOnline through common ownership or control.
"Authorize" or "Authorization" means a buyer¡¦s express authorization to a Merchant to collect a payment from the buyer¡¦s iOnline Account.
"Automatic Transfer Countries" means Albania, Algeria, Antigua and Barbuda, Barbados, Belize, Bosnia and Herzegovina, Dominica, Egypt, Fiji, French Polynesia, Grenada, Malawi, New Caledonia, Palau, Saint Kitts and Nevis, Saint Lucia, Seychelles, Trinidad and Tobago, Turks and Caicos.
"Automatic Transfer" means a withdrawal of your Account balance that is initiated by iOnline. If your Account is registered in one of the Automatic Transfer Countries, then your balance will be regularly withdrawn to your linked financial instrument pursuant to these terms and conditions. Hong Kong SAR China is not an Automatic Transfer Country. Accordingly, your Account shall not be subject to the terms and conditions herein for Automatic Transfer.
"Business Account" means an Account used primarily for business purposes and not for personal, family, or household purposes.
"Business Days" means Monday through Friday, excluding the general holidays gazetted for public information in Hong Kong SAR China.
"Chargeback" means a request that a buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.
"Claim" means a challenge to a payment that a User files directly with iOnline in the Online Resolution Center pursuant to Section 7 of this Agreement.
"Commercial Entity Agreement" means the agreement that commercial entities are required to enter into directly with iOnline's payment processor(s).
"Commercial Payment" means as defined in Exhibit A (Fees) below.
"Communications" means any Account or transaction information that iOnline provides to you, including: any Policies you agree to, including updates to these Policies; annual disclosure; transaction receipts or confirmations; Account history statements; and tax statements we are required to make available to you.
"Customer Service" is iOnline's customer support which can be accessed online through the iOnline Help Center at any time, or by calling (852) 35508574 (in Hong Kong SAR China) (402) 935-2050 (in the U.S.) from 6 AM to midnight U.S. Central Time.
"Days" means calendar days.
"data controller" (or simply "controller") and "data processor" (or simply "processor") and "data subject" have the meanings given to those terms under the Data Protection Laws.
"Data Protection Laws" means EU Directive 95/46/EC or Regulation (EU) 2016/679 (GDPR) and any associated regulations or instruments and any other data protection laws, regulations, regulatory requirements and codes of practice applicable to the provision of the Company Services.
"Default Payment Methods" means the order in which iOnline uses your Payment Methods to fund a transaction if you do not select a Preferred Payment Method.
"Digital Goods" means goods that are delivered and used in an electronic format.
"Dispute" means a dispute filed by a User directly with iOnline in the Online Resolution Center pursuant to Section 7 of this Agreement.
"eBay" means eBay Inc.
"eCheck" means a payment funded using a sender's bank account that is held pending and not received by the recipient until it clears. When you send money using eCheck it will usually be held pending for 3-4 Business Days. The amount of time that it is held pending will increase if the payment is sent from a bank account outside the U.S.
"Error" means a processing error made by iOnline or its suppliers in which your Account is mistakenly debited or credited.
"Fees" means those amounts stated in Exhibit A (Fees) of this Agreement.
"Information" means any Account information that you provide to us, including but not limited to personal information, financial information, or other information related to you or your business.
"Instant Transfer" means a payment funded using the sender's bank account in which iOnline credits the recipient instantly.
"Item Not Received" means a challenge to a payment from a User claiming that the item purchased was not received.
"Merchant" and ¡§Seller¡¨ are used interchangeably and mean a User who is selling goods and/or services and using the iOnline Services to receive payments.
"Micropayments for Digital Goods" means the iOnline Service offered to certain qualifying Merchants who sell Digital Goods that, among other things, offers micropayments pricing and integrated website tools.
"No Log-In Payment" means a iOnline payment that is made without the sender having to log into his/her Account.
"Payment Method" means the payment method used to fund a transaction. The following payment methods may be used to fund a transaction (subject to availability): balance, Instant Transfer, eCheck, credit card, debit card, and Redemption Codes.
"iOnline Direct Payment" means a payment that is made directly through the buyer¡¦s credit or debit card and not through a iOnline Account, such as payments made through Website Payments Pro.
"iOnline Mobile" means a iOnline Service that allows you to send and receive payments through your mobile phone.
"iOnline Seller Protection" means the protection program iOnline offers Sellers as described in Section 9.
"iOnline Services" means all our products and services and any other features, technologies and/or functionalities offered by us on our website or through any other means.
"iOnline," "we," "us" or "our" means iOnline Development Limited.
"personal data" has the meaning given to it under the Data Protection Laws.
"Personal Payment" means a payment to a friend or a family member such as your share of the rent or a dinner bill. Personal Payments may not be used for sending gifts. Personal Payments are not available in most countries.
"Policy" or "Policies" means any Policy or other agreement between you and iOnline that you entered into on the iOnline website, or in connection with your use of the iOnline Services.
"Preapproved Payment" means a payment in which the recipient is provided advance Authorization to debit the sender¡¦s Account directly on a one-time, regular, or sporadic basis in accordance with the recipient¡¦s agreement with the sender. Preapproved Payments are sometimes called "subscriptions", ¡§automatic payments¡¨, ¡§automatic billing¡¨ or "recurring payments."
"Preferred Payment Method" means a Payment Method that you select to fund a payment instead of using the Default Payment Methods.
"Redemption Code" means the sequence of letters, numbers, and/or symbols placed on gift certificates, promotional coupons or other promotional offers and used to obtain a benefit.
"Reserve" means a percentage of the funds received into your Account that we hold in order to protect against the risk of Reversals, Chargebacks, Claims or any other liability related to your Account and/or use of the iOnline Services.
"Restricted Activities" means those activities described in Section 10 of this Agreement.
"Reversal" means iOnline reverses a payment you received because (a) it is invalidated by the sender's bank, (b) it was sent to you in Error by iOnline, Affiliates, or any direct or indirect iOnline subsidiary, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated this Agreement, the iOnline Acceptable Use Policy, or any other Policy, or (e) iOnline decided a Claim against you.
"Seller" ¡V see "Merchant" definition.
"Significantly Not as Described" has the definition provided in Section 7.1 of this Agreement.
"Substantial Change" means a change to the terms of this Agreement that reduces your rights or increases your responsibilities.
"Top Up" ¡V see ¡§Add Money¡¨ definition.
"Transaction Details Page" means the page on the iOnline website titled "Transaction Details" that displays information about the transaction. This page is accessible from the individual transaction in your Account on the iOnline website.
"Unauthorized Transaction" means as defined in Section 8.1 of this Agreement.
"User" means any person or entity using the iOnline Services including you.
"Verified Account" means an Account status that reflects that iOnline has verified that an Account holder has legal control of one or more of his or her Payment Methods. A Verified Account status does not constitute an endorsement of a User or a guarantee of a User's business practices.
"Virtual Terminal Payment" means a payment processed by iOnline through the Virtual Terminal flows that is funded directly by a credit or debit card and not through an Account.
Exhibit A - Fees.
iOnline charges the following Fees:
1. Overview.
a. Commercial Payments Fee.
b. Additional Fees:
Currency Conversion Processing Fee;
Withdrawing your Balance Fee;
eCheck Fee;
Chargeback Fee;
Credit Card and Debit Card Confirmation Fee; and
Records Request Fee.
c. Fees for other pricing categories:
Micropayments Fee;
Micropayment for Digital Goods Fee;
Mass Payments / Payouts Fee;
Personal Payments Fee; and
2. Commercial Payments Fee.
A Commercial Payment includes the following:
A payment for the sale of goods or services;
A payment received after the Seller has used the "Request Payment¡¨ tab on the iOnline website; or
A payment that is sent to, or received by, a business or other commercial or non-profit entity.
Activity
Commercial Payments Fee
Receiving Commercial Payments
2.2% Standard Rate
*To qualify for our Merchant Rate you must submit a one-time application, have a qualifying monthly sales volume, and have an Account in good standing. To view Merchant Rate criteria, click here. To apply for Merchant Rate, click here.
# excludes transactions on Website Payments Pro - Hosted Solution, Virtual Terminal, iOnline Here and carrier billing products.
3. Additional Fees.
Activity
Additional Fees
Currency Conversion
The Currency Conversion Fee charged when receiving payments (including Mass Payments or Payouts), withdrawing funds to your local bank account (if your iOnline balance is held in a currency other than your local currency), adding funds from a bank account to your iOnline Account or when transferring funds between your iOnline balances held in different currencies (as applicable):
2.5%
Currency Conversion that occurs when sending a Personal or a Commercial Payment:
The Fee depends on the currency into which the amount is converted, as listed in the table below:
Where a currency conversion is required, it will be completed at the transaction exchange rate we set for the relevant currency exchange. The transaction exchange rate is adjusted regularly and includes a Currency Conversion Fee applied and retained by us on a base exchange rate to form the rate applicable to your conversion. The base exchange rate is based on rates within the wholesale currency markets on the conversion day or the prior business day; or, if required by law or regulation, set at the relevant government reference rate(s). The transaction exchange rate applicable to your conversion may be applied immediately and without notice to you. You may have the option (depending on the country you are residing in and the type of funding source) to Opt Out of currency conversion before you complete the transaction by selecting Other Conversion options on the Review Your Information page during checkout.
Where a currency conversion is offered by iOnline at the point of sale, you will be shown the exchange rate that will be applied to the transaction before you proceed with authorizing the payment transaction. By proceeding with your authorization of the payment transaction you are agreeing to the currency conversion on the basis of the exchange rate. Where a currency conversion is offered at the point of sale by the Merchant, not by iOnline, and you choose to authorize the payment transaction on the basis of the Merchant¡¦s exchange rate and charges, iOnline has no liability to you for that currency conversion.
Where your payment is funded by a Debit or Credit Card and involves a currency conversion by iOnline, you consent to and authorize iOnline to convert the currency in place of your Credit or Debit card issuer.
Chargebacks
Fee:
2.2% of transaction amount
The Chargeback Fee is charged at the time a Chargeback is applied to your Account for a payment you receive. If you are eligible for iOnline Seller Protection for that payment, the Fee is waived. The Fee is based on the currency received.
Records Requests Fee
Up to $60.00 HKD (per item), or other currency equivalent.
We will not charge you for records requested in connection with your good-faith assertion of an error in your Account.
f. Refund Fee
Fee:
2.2% of transaction amount
Refunding a Commercial Payment
If you issue a full refund of the Commercial Payment, we will retain the full Fixed Fee portion of the Commercial Payments Fee.
If you issue a partial refund of the Commercial Payment, we will retain the pro-rata share of the Fixed Fee portion of the Commercial Payments Fee.
The buyer¡¦s Account will be credited with the full Commercial Payment amount in the event of a full refund, or a portion of the Commercial Payment amount in the event of a partial refund.
Your Account will be charged with the pro-rata share of the amount initially credited to your Account in connection with the Commercial Payment and the pro-rata share of the Fixed Fee portion of the Commercial Payments Fee
g. Bank/Credit Card Fees. Your bank, credit or debit card company may charge you fees for sending or receiving funds through iOnline. For example, you may be charged currency conversion processing fees, international transactions fees, or other fees even when your transaction is domestic, and does not require a currency conversion. iOnline is not liable for any fees charged to you by your bank, credit or debit card company or other financial institution based on your usage of iOnline. If you are in Israel, your bank account may be charged immediately for a iOnline transaction that is funded with a credit card.
Feedback
Consumer Advisory - iOnline Development Limited is a licensed issuer of a stored value facility regulated by the Hong Kong Monetary Authority under Licence Number: SVF0008. Users in Hong Kong SAR are advised to read the terms and conditions carefully.
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