Please read these terms and conditions carefully before using the website.

1. Our Background
   We are Glomo Payments IFSC Private Limited ("Glomo", "We", "Us", or "Our"), regulated as Payments Service Provider by the International Financial Services Centres Authority ("IFSCA") at Gujarat International Finance Tec-City ("GIFT City"). GIFT City is a Special Economic Zone in India, pursuant to the IFSCA (Payment Services) Regulations, 2024 issued and updated by IFSCA on April 2nd, 2024 ("PSP Services").
   
   As a regulated entity entrusted by IFSCA and our Users across the world we are guided by our principles of 'Compliant', 'Secure' and 'Fast' — in this order. In case of conflict between any of our business decisions, our principles will always prevail.
   
   

2. Definitions

   1. "Agent" shall have the same meaning ascribed to it under IFSCA (Payment Services) Regulations, 2024 i.e. any person who acts on behalf of Glomo in relation to the payment services provided by Glomo

   2. "AML-CFT & KYC Policy" means Our Anti-Money Laundering and Countering of Terrorist Financing Policy available here.

   3. "Cards" includes credit and debit cards issued under the Card Scheme and used as one of payment methods by the Customer.

   4. "Card Scheme(s)" means any of the associations that operate and regulate the payment schemes such as Visa, Mastercard, and American Express.

   5. "Customer" who either avail goods/services, or make payments to the Merchant; or make are required to make payments to the Merchants pursuant to the agreed terms between Merchants and Customer.

   6. "Dashboard" to the user interface within the platform that provides users with a comprehensive, real-time overview of their account activity, including but not limited to transaction history, balance information in the Glomo Account, and the status of cross-border money transfers. The Dashboard also allows users to access various features and tools necessary for managing and monitoring their transfers, viewing reports, and making informed decisions regarding their financial activities on the platform.

   7. "Glomo Account" means your account created on Glomo Platform and includes the payments account issued by Glomo as part of the Services pursuant to the Services Agreement.

   8. "Glomo Platform" collectively means the Website and the Dashboard.

   9. "Merchant" means entities who are onboarded by Glomo under PSP Regulations and avail such Services from the Glomo Payments as per the Service Agreement.

   10. "Services Agreement" means agreement entered between the Merchant and Glomo in relation to the Services.

   11. "Services" means services agreed to be availed by the Merchant as the Service Agreement between the Merchant and Glomo including services Glomo is permitted by IFSCA as a PSP, viz. Merchant acquisition, issuance of payments account and e-money, cross border money transfer.

   12. "Users" shall collectively mean Merchants and Customers respectively.

   13. "Website" means www.glomopay.com.
       
       

3. These Terms
   These Terms shall be read as a supplement to our policies, hyperlinked herein, and the Services Agreement. In the event of any inconsistency, these Terms shall prevail.
   
   

4. Availing Our Services as Merchant

   1. To avail either or all of Our Services, access and use the full range of Services, as a Merchant, you must first register Glomo Platform and create your Glomo Account.

   2. Registration alone does not grant the right to use the Services. You must also agree to and execute the relevant Service Agreement with Us. The terms and conditions governing the use of Our services are specified in this agreement and may be supplemented by other applicable agreements.

   3. The credentials used to create Merchant's login ID and password are confidential to you and/or to the authorised personnel of your organization. These credentials are essential for fully accessing the Website and managing the Dashboard and the Services, including enabling or disabling services, transferring funds, and issuing instructions to us that we will rely on to process transactions. The Platform and Services can be accessed and availed only with the User Login ID and Password to anyone who will have access to the Login ID and Password information will be able to manage and control the Services and the transactions. The User shall bear the responsibility to ensure confidentiality and safety of its own Glomo account login ID and password.
      
      

5. Our AML-CFT & KYC Policy

   1. The User shall submit all the necessary documents and details to Us for registration and creation of Your Glomo Account in accordance with Our internal AML-CFT & KYC Policy and guidelines by IFSCA from time to time.

   2. We reserve the right to refrain from registering, creating, providing access or activating certain or all Services, Dashboard, or Platform upon failure of the Users' failure to provide requisite documents in accordance with the applicable regulations and our internal policy.

   3. We presume that the documents so provided by the User are true and correct and do not take any responsibility of verification of the validity, veracity or genuineness of the documents so submitted. We may, however, ask for original documents to complete the registration and onboarding of Merchant or call for additional documents or resubmission of document/s in accordance not only during onboarding, but anytime during the course of the Merchant accessing/availing Our Services. In case of any inadequacies in our requirements for the aforementioned from the Customer, the Merchant shall provide all the assistance as may be required by Glomo.

   4. We may terminate or indefinitely suspend the access to the Glomo Platform or certain Services with immediate effect and without a prior notice if the User either provides incorrect/false information or is unable to provide all the required information.

   5. The User shall also not misrepresent information to avail Services for a line of business that is a negative, risky or restricted category under applicable international or local laws.

   6. We are obligated to report all User indulgence/s in any negative, risky and restricted categories of business to the relevant statutory or law enforcements authorities for necessary action and take all necessary steps for appropriate legal remedy under applicable laws against the User

   7. We reserves the right to withhold the settlement amount for a period of at least 180 days from the date of termination of Services or until such date that it deems fit and proper whichever date is later in case of any violation/s of these Terms.

   8. Upon registration and KYC and Documentation completion, to Our satisfaction, We will grant the User the right to create User account, access to the website and Services and activation and deactivation of Services.
      
      

6. Contents of the Glomo Website
   Glomo is the exclusive owner of any Intellectual Property Rights, title, or interest in the contents of the Website or Platforms, structure, colour, and other creative details of the dashboard as available on Platform. We acknowledge that any Intellectual Property used or adopted by a Party in the conduct of its business are the sole property of the respective owners.
   
   "Intellectual Property Right" shall include but not be limited to any and all patents, copyrights, trade secret rights, trademark rights, design rights, software code, and other proprietary or similar rights in intellectual property, existing now or in the future, including the rights to secure registrations, renewals, and extensions thereof. Except as expressly set out no assignment of or license under any trademark or service mark or any other Intellectual Property Right, whether registered or not, owned or controlled by a Party is granted to the other under these terms and conditions.
   
   

7. Transaction Fee
   
   

   1. Applicable fees for the provision of Services shall be levied by Us from time to time. You agree that the fees shall be charged according to the manner, rates and frequency determined by Us and agreed under the Services Agreement.

   2. The Fees are exclusive of applicable taxes and We will charge all the applicable taxes on the fees from time to time. You agree that any statutory variations in applicable taxes during the subsistence of these Terms shall be borne by You.
      
      

8. Set Off

   1. You agree that We are authorized to deduct and set off any fees, charges, or other amounts due and payable by you for the use of our services from the balance available in your Glomo Account. These fees and charges will be as communicated to you and agreed upon in advance, and may include transaction fees, service charges, and any other applicable costs associated with the services provided. In the event that the balance in your Glomo Account is insufficient to cover the fees chargeable, you agree to promptly settle the outstanding amounts upon notification from us. Alternatively, we may also raise monthly invoices in respect of fees charged for Services provided during such months. Invoices are available on the Dashboard on a monthly basis. Any dispute in respect of an invoice must be communicated by You to us via a notice no later than ten (10) days from the date of the invoice. We shall use good faith efforts to reconcile any reasonably disputed amounts.

   2. The Merchant shall be responsible to do reconciliation on a daily basis for all the transactions processed. In case of discrepancies, the Merchant shall report to Us regarding such discrepancy within three (3) days upon the receipt of the funds. We shall not be liable for any reconciliation issue if the same is highlighted by You to Us after such time.
      
      

9. API Integration with Glomo
   API Integration details are provided separately.
   
   

10. Viruses
    We do not guarantee that our website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to access our website and should use your own virus protection software. You must not misuse our website by introducing viruses, trojans, worms, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our website, the server on which our website is stored, or any server, computer, or database connected to our website.
    
    

11. Confidentiality

    1. Confidential Information means all information or data of a confidential nature, software code, application, network configuration, login ID and password, accounts information, products and processes and/or any other information in whole or in part of either Party.

    2. Each Party acknowledges and agrees:

       1. not to disclose to any third party any Confidential Information of the disclosing party that it may have access to during and in connection with Glomo and its Services hereunder

       2. that monetary damages may not be a sufficient remedy for unauthorized disclosure of any Confidential Information and that the disclosing party shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper.

       3. to notify the other party (the disclosing party) immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Agreement by the receiving party. The receiving party will cooperate with the other party in every reasonable way to help the disclosing party regain possession of such Confidential Information and prevent its further unauthorized use.

    3. The obligations set out in this Clause shall not apply to Confidential Information that:

       1. is or becomes publicly known other than through a breach of the confidentiality obligations as set out in this clause;

       2. is in possession of the receiving Party prior to disclosure by the other Party;

       3. is independently developed by the receiving Party;

       4. needs to be disclosed to professional advisers or in accordance with the order of a competent court or administrative authority.

       5. is hereafter rightfully furnished to such receiving Party by a third party without restriction by that third party on disclosure.

       6. is required by law, judicial court, recognized stock exchange, government department or agency or other regulatory authority, provided that sufficient notice is given of any such requirement, by the receiving Party to the disclosing Party, in order that the disclosing Party may seek for an appropriate protective order or exemption from such requirement, prior to any disclosure being made by the receiving Party and/or its affiliates.

    4. Exceptions include information already public, independently developed, or lawfully disclosed by third parties.
       
       

12. Fraudulent Transaction

    1. Users shall not engage in any form of fraudulent transactions or a criminal offense by using the Services of Glomo in any manner thereof. Any scheme or structure to defraud a third party by User while using Services of Glomo shall be reported to the relevant law enforcement authorities. Glomo reserves the right to withdraw such Services in such a case.

    2. If Glomo is intimated, by any bank or financial institution, that a User has reported an unauthorized transaction, then Glomo shall be entitled to suspend the settlement of the amount associated with the fraudulent transaction during the pendency of inquiries, investigations, and resolution thereof by the Partner Bank or financial institution.

    3. Glomo also reserves the right to close, suspend, limit or restrict access to User account with Glomo, including Settlements Amount under inter alia the following scenarios:

       1. If such User KYC credentials are found to be ingenuine or fake.

       2. If User makes an incorrect or untrue disclosure of the nature of its business, resulting in a legal violation.

       3. For violation of any of the provisions of these Terms and Conditions

       4. For violation of any of the provisions of any other agreement that the User has entered into or might enter into with Glomo; and

       5. For violation of any of the applicable laws by the User.

    4. The right to close, suspend, limit or put on hold the User's access to the account with Glomo shall continue till such time that the User submits genuine KYC documents or credentials to the satisfaction of the relevant authorities as per the extant rules, regulations or guidelines with regard to KYC, as well as to the satisfaction of Glomo without prejudice to any other legal remedy that Glomo is entitled to prefer as per applicable law.
       
       

13. Limitation of Liability

    Glomo shall not be liable for:

    1. any transaction which it did not have any actual or constructive knowledge;

    2. for any net quantifiable financial benefit that arises to the User, beneficiary or any third party for any loss suffered. The term net quantifiable financial benefit shall include an amount for which User would otherwise have been accountable to be assessed for taxation is reduced or extinguished because of the matter giving rise to such loss.

    3. contingent liability of the User unless such liability becomes due and payable;

    4. The aggregate liability of Glomo to the User whatsoever shall not, in any event, exceed the sum equivalent to one (1) month's prior aggregate Consideration earned by Glomo under this agreement from the date of occurrence of such liability which includes any special, incidental, indirect or consequential or direct damages, damages from loss of profits or business opportunities.
       
       

14. Representations & Warranties
    The User represents, warrants, and declares that it is not/ shall not engage/d in any business which is listed under negative, risky or restricted Category of business in the transaction countries and shall not use Glomo Services to indulge in any business identified as the negative, risky and restricted categories of business under applicable international, national, local laws. Further, Each Party represents warrants and undertakes that:

    1. It is duly organized and validly existing under the laws of the jurisdiction in which it is established and has requisite power and authority to execute, deliver and perform transactions using Glomo Services.

    2. The execution and the consummation of the transactions herein do not breach its organizational documents or any law, provisions of any contract or order of court applicable to it and do not require any applicable governmental approval; and

    3. The person availing Glomo Services is duly authorized for and on behalf of the respective User and shall have the authority to bind the respective User accordingly.
       
       

15. Indemnification & Remedy
    Notwithstanding anything contained in these Terms and Conditions, the User hereby shall indemnify, protect against liability and hold harmless Glomo against all actions, proceedings, claims, liabilities (including statutory liabilities), penalties, demands and costs (including without limitation, legal costs of Glomo on a solicitor/attorney and own client basis), awards, damages, losses and/or expenses, however, arising in relation to any claim or proceeding brought by any person other than a Party to a transaction against Glomo in respect of any act, deed, negligence, omission, misrepresentation, default, misconduct, non-performance or fraud by the User its employees, contractors, agents, or any person other than a Party to the Agreement in relation to services rendered or goods sold by the User.
    Any claims for indemnity should arise before the date of termination of this Agreement.
    
    

16. Data Protection
    
    

    1. Both Parties shall ensure administrative, technical, physical safeguards, processes, procedures and checks to secure any data which is received in relation to a transaction as may be required under applicable law generally accepted security standards in the industry.

    2. The purpose of these safeguards, processes, procedures and checks are to:

       1. protect the security and confidentiality of the User data;

       2. ensure protection against any anticipated threats or hazards to the security or confidentiality of the User data;

       3. protection against unauthorized access to or use of the information of the customer or associated records which could result in substantial harm or inconvenience to Glomo;

       4. and ensure the proper and secure disposal of such User data;
          
          

17. Grant of Rights

    1. Glomo grants the User a revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable right and license to access and use application programming interface of Glomo made available through Glomo Platform for its Services in accordance with the Terms and Conditions set out herein.

    2. Except as expressly permitted under these terms and conditions User must not:

       1. reproduce, modify, translate, adapt or create derivative work based upon the Services;

       2. decode, decompile, disassemble or otherwise attempt to access or derive the source code or architectural framework of the website or Services;

       3. access the Services for purposes developing, marketing, selling or distributing any product or service that competes with or include features substantially similar to the Services;

       4. use the Services in any way that does not comply with all applicable laws and regulations;

       5. access or use the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas;

       6. attempt to disable or circumvent any security mechanisms used by the Services; or

       7. use the Services in a way that poses a risk to Glomo or the Customer of the User.

       8. use the Services to commit or attempt to commit, advocate, facilitate or participate in any illegal activities not limited to acts of money laundering, terror funding, smurfing, tax evasion, identity theft, fake invoicing, embezzlement, payment fraud, fake invoicing, cybercrime, bribery or corruption etc.

    3. Glomo may improve, modify, add or remove functions or features to or from the Services from time to time, with or without notice to the User. The User will ensure that all of its employees and contractors who will be using API are aware of and comply with the terms and conditions set out in this Agreement. Users will be liable and responsible for all acts and omissions of any person allowed access to the GLOMO APIs and Dashboard. Users are not permitted to use any application (including its updated and/or any new version of it) in the production environment, unless and until Glomo has reviewed and approved for moving such application to the production environment and authorized with applicable API Key.
       
       

18. Collection and Settlement of Funds

    Glomo is an intermediary and collects monies from the bank account of the User and settles it in accordance with prescribed guidelines in the Designated Account. Glomo reserves the right to be held responsible/liable for the quality or deficiencies of services in any manner whatsoever OR in case funds are settled incorrectly provided Glomo has followed the instructions of the User correctly. The settlement of funds shall be subject to certain deductions. Glomo shall be entitled to deduct its Consideration for the rendition of Services, taxes on such Services, Chargebacks, and Refunds from the settlement amount due to the User
    
    
    

19. Chargeback

    Glomo provides a platform to various Users for cross border transfer money. In case the transaction don’t successfully go through and the funds are deducted from the User’s account, in such case, Glomo shall support resolving the disputes within the prescribed turnaround time. In that case, please User to send an email with details of your transaction to grievance@glomopay.com
    
    
    

20. Refunds

    Refunds are reversal transactions wherein complete or partial money is moved back to User’s source account (account from which actual payment is made) with some exception cases as given below. A refund can only be created for a successful or settled transaction only as per the refund policy of the third-party Users. A refund only if initiated by the User due to a mismatch in transaction status between the Us and the User wherein transaction is failed at User's end but is successful at Company's end. The Beneficiary can initiate complete refunds to the Customer’s source account which Glomo shall facilitate. The process followed for refunds can be initiated only by the User after transaction validation against the original order which is not more than a year old . A sync confirmation after transaction validation for refund is provided in response to the request to the User. The Company initiates the refund to the Partner Bank. Apart from net banking refunds as it is instant in nature, most of the net banking refunds are file-based and hence, are sent to the Bank on the next working day. Once the Bank accepts the refund, the Company sends the message ‘Success Refund’ to the User.
    This depicts that a refund has been initiated. Bank credits the customer's source account with the refund amount. There are some exception cases where a refund is not processed in the customer source account/mode when source account/mode is closed, wallet limit exhaust, customer requested to get a refund in a different account and when order is old and hence automatic refund couldn’t be processed in the source.
    
    
    

21. Redressal
    The grievance of the User shall be addressed in accordance with Grievance Redressal Policy of Glomo subject to reasonable time. If a grievance is raised through a legal enforcement agency then Glomo may take steps as instructed by the legal enforcement agencies to address the complaint. In the event, Glomo had to reverse the transaction, it would adjust the said amount from the settlement amount receivable by User.
    
    
    

22. Rejection/Cancellation/Withholding

    1. Rejection
       Notwithstanding anything contained anywhere in this Agreement, the User hereby fully confirms and agrees that We reserve the right to reject/cancel payments prior to Authorisation, if the transaction:

       1. unlawful, unenforceable, doubtful, or erroneous for any reason

       2. made to or from a territory outside the geographical scope of its Services

       3. is discovered using Glomo fraud mitigations tools as very high-risk score

       4. has not obtained a necessary Authorisation/Authentication is required to be obtained in terms of this Agreement.

       5. due to incomplete or omitted necessary details of the User or User Customer's

       6. was not made in accordance with the API requirements of Glomo.

       7. Glomo considers the above as suspicious circumstances surrounding the transaction pursuant to its KYC, AML and CFT Policy.

       Payments may be rejected by bank post authorization and prior to settlement in the following circumstances:

       1. The second or subsequent transaction is debited more than once from the User's Bank Account.

       2. Authorisation canceled Transaction.

       3. Withheld Transaction found to be fraudulent or invalid.

    2. Cancellation
       Pre-Authorisation Cancellation: This is a paid service, to be enabled by the User offered which infers at the process of unblocking a Transaction amount earlier blocked by the Bank before such amount is settled into User's Glomo Account. Following are the situations where Pre-Authorisation Cancellation may take place:

       1. The Bank has issued the Pre-Authorisation Cancellation for any reason.

       2. User has initiated Pre-Authorisation Cancellation due to the inability to make payment.

    3. Withholding
       Any Amount due to the User under this Agreement may be withheld or delayed till such time as Glomo or the Banks deems fit if:

       1. the User or User's Customer has committed any fraud or violates any applicable law or legal requirement;

       2. applicable law or legal requirement; there is a reason to believe that a fraud has been committed against the User's Customers, Glomo, Banks or any third party

       3. any transaction has been fraudulently initiated;

       4. that the User or the User's Customer has in connivance with any other person done any fraud or assisted in the same;

       5. the User has excessive pending Chargebacks or poses high Chargeback and/or refund Risk;

    For such suspended or delayed payments mentioned above, Glomo shall promptly intimate the same to the User or may impose transaction limits either temporarily or permanently in order to reduce reasonable apprehension of risk or loss.
    
    

23. Disclaimer
    Glomo shall make all reasonable efforts to provide uninterrupted service subject to downtime and regular maintenance and the User also acknowledges that Glomo website and Services may not be uninterrupted or error-free or free from any virus or other malicious, destructive, or corrupting code, program. Glomo disclaims all warranties, express or implied, written or oral, including but not limited to warranties of fitness of the services for a particular purpose. Glomo may refuse to work at any time with any Bank or financial institutions without disclosing any details to User.

    Glomo shall not be liable for any loss or damage whatsoever caused or arising, directly or indirectly, including without limitation, due to loss of data; interruption or stoppage to the User's access to and/or use of Glomo website or Services, interruption or stoppage of Glomo Site, hacking or unauthorized access to the Glomo website or Services, non-availability of connectivity between the User and Glomo Site, etc.

    Glomo shall not be responsible for any failure or delay in performing its obligations, losses sustained through (i) fraudulent electronic transactions or quality (ii) service-related claims (iii) caused by the User's acts or omissions; (ii) results from actions taken by Glomo a reasonable good faith to avoid violating a law, rule or regulation of any governmental authority or to prevent fraud on Card Holders/accounts; (iv) caused by circumstances beyond Glomo control, including but not limited to vandalism, hacking, theft, phone service disruptions, Internet disruptions, loss of data, extreme or severe weather conditions or any other causes in the nature of Force Majeure event.

    Glomo may choose to integrate with a new facility or opt for feature enhancement or API upgradation as a part of business development and expansion which shall be communicated to User.

    For any queries / details users can contact: customers@glomopay.com
    
    

24. LIMITATION OF LIABILITY

    All content and services provided on the website are offered on an "as is" and "as available" basis. Glomo expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security or accuracy, as well as all warranties arising from trade usage, course of dealing, or performance. Glomo makes no warranty, and expressly disclaims any obligation, that: (a) the content will be up-to-date, complete, comprehensive, accurate, or applicable to your circumstances; (b) the website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results obtained from using the website or any services offered through it will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the site will meet your expectations.
    Glomo (including its officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any injury, death, loss, claim, act of God, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental, or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or in any way connected with: (i) any failure or delay (including without limitation the use of or inability to use any component of the website); (ii) any use of the website or content; or (iii) the performance or non-performance by Glomo or any provider; or (b) any damages to or viruses that may infect your computer equipment or other property as a result of accessing the website or downloading any content from the website.
    While we strive to provide accurate assessments of your eligible credit limit, you acknowledge that final decisions regarding loans or credit provided to you are made by our lending partners. You agree not to hold Glomo liable if any lending partner does not make credit available to you.
    
    

25. Assignment
    You will not assign or transfer your rights or obligations under these Terms. Glomo may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms and without any notice to you.
    
    

26. Amendment
    We may update these Terms at any time, with or without advance notice. Your use of Glomo’s services or access to the website after a notice of changes has been sent to you or published on the website will constitute your acceptance of the updated Terms.
    
    

27. Severability
    If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should attempt to give effect to the parties’ intentions as reflected in the provision, and the remaining provisions of these Terms will remain in full force and effect.
    
    

28. Waiver
    Glomo’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
    
    

29. Mandatory Disclosure under Regulation 27(2) of the PSP Regulations
    Glomo Payments IFSC Private Limited is authorised by the International Financial Services Centres Authority to provide payment services. Please note that this does not mean you will be able to recover the all the funds that you paid to the Glomo Payments IFSC Private Limited if the Glomo Payments IFSC Private Limited’s business fails.
    
    

30. Clauses specific to Merchants utilising the Cards as one of the payment methods
    In order to facilitate Cards as one of the payment methods for the Merchant to accept payments from their Customer, Glomo has appointed certain agents, viz. Glomo Payments FZCo and Innovate Technologies FZCO ("Cards Processor”). The Merchant hereby agrees that:

    1. Merchant will not submit for payment, any transaction they know or reasonably suspect to be illegal;

    2. Glomo will not accept from a Merchant, any transaction Glomo know or reasonably suspect to be illegal;

    3. on an ongoing basis, the Merchant must promptly provide Glomo with the current address of each of its offices, all “doing business as (“DBA”) names used by the Merchant, and a complete description of goods sold and services provided to the Customers;

    4. the Card Schemes may at any time, immediately and without advance notice, prohibit the Merchant from using any of the names, logos, symbols and trademarks under the Card Schemes (hereinafter “Scheme Marks”) for any reason;

    5. the Card Schemes have the right to enforce any provision of the Card Scheme Rules and to prohibit Merchant and/or its payment aggregator from engaging in any conduct the Card Schemes deem could injure or could create a risk of injury to the Card Schemes, including injury to reputation, or that could adversely affect the integrity of the Interchange System, the Card Schemes Confidential Information as defined in the Card Scheme Rules, or both;

    6. the Merchant will not take any action that could interfere with or prevent the exercise of this right by the Card Schemes;

    7. Glomo can provide any information on the transaction or the Merchant, as it may be relevant, to the Card Process, and/or the Merchant agrees for the Card Processor use, for the purposes of fulfilling the Card Processor’s obligations under these Terms or as otherwise required by us based on the requirements of the Card Schemes, information, whether confidential or otherwise, regarding that the Merchant that the Card Processor may, from time to time, request within seven (7) Banking Days of us making that request of Glomo;

    8. to comply with PCI DSS, that the Card Schemes require it to comply with PCI and that it shall enable the Card Processor to carry out an audit of the Merchant's systems.

    9. the Merchant shall co-operate with Glomo and the Card Processor in respect of any issues arising out of a breach or potential breach of security in relation to the holding of confidential data; and

    10. the Merchant will comply with all Applicable Laws.

    11. the Merchant acknowledges and agrees that the Card Processor may retain or withhold settlement of any sums due by Glomo or any Merchant if these Terms are breached as a result of the Merchant's breach of its obligations under the Merchant Agreement.

    12. In the event of any inconsistency between any provision of the agreement between the Merchant and the Card Scheme Rules, the Card Scheme Rules will take precedence.”

    13. Merchant has understood and agrees to the terms and conditions of the Card processors here and Glomo Payments FZCO here.

    
    Glomo must include termination rights and obligations so that Glomo may terminate the Merchant Contract immediately if:

    1. the Card Processor or the Card Schemes request Glomo to do so;

    2. We terminate this Agreement with Glomo for any reason;

    3. the Card Schemes de-register Glomo as an IPSP and/or a payment aggregator or if the Card Processor ceases to be a Member of either Scheme for any reason or if the Card Processor fails to have a valid License with either Scheme to use any Mark accepted by the Merchant; in such circumstances the Merchant Contract must provide for automatic termination;

    4. the Merchant’s activity is deemed, at Glomo discretion or at the direction of us or the Card Schemes, to be fraudulent or otherwise wrongful or in violation of the Card Scheme Rules;

    5. The percentage of fraudulent transactions submitted by any Merchant or the number of Chargebacks in relation to any Merchant on the Glomom be in excessive of 0,2%

    6. Merchant submits for processing, transactions on behalf of any third party entity other than that agreed between Parties;

    7. the Merchant materially alters its website content without the payment aggregator's prior written consent or changes its business or alters its business model during the term of the Merchant Contract or if there is a direct or indirect change of Control of the Merchant or any parent company of the Merchant; and

    8. for twelve (12) consecutive months the Merchant fails to submit any transactions or no activity is recorded on the Merchant’s Terminal Account.

    9. Glomo are responsible for the Card acceptance policies and procedures of the Merchant, and may require any changes to its website or otherwise that Glomo, or the Card Processor deem necessary or appropriate to ensure that the Merchant remains in compliance with the Card Scheme Rules governing the use of the Scheme Marks.

    
    Glomo must include the required liability provisions set out below, including that the Merchant acknowledges and agrees

    1. to comply with all applicable Card Scheme Rules, as amended from time to time;

    2. that the Card Schemes are the sole and exclusive owner of the Scheme Marks;

    3. not to contest the ownership of the Scheme Marks for any reason;

    4. to only submit transactions to Glomo that are in respect of goods and/or services provided by the Merchant to the Card Holder;

    5. to ensure that it prominently and unequivocally informs a Card holder of the identity of the Merchant at all points of interaction, so that the Card holder can readily distinguish the Merchant from any other third party, such as a supplier of products or services to the Merchant and will ensure that its website:

       1. prominently displays the name of the Merchant;

       2. prominently identifies the name of the Merchant as displayed on the website as both the Merchant and as the name that will appear on the Card Holder statement; and

       3. display the Merchant name and information as prominently as any other information depicted on the website, other than the images of the products or the services being offered, in accordance with the Card Scheme Rules.

       4. and adhere to the checklist as provided here, as provided by the Card Processor

          1. undertake transactions for anything other than the genuine purchase of the goods and/or services that the Merchant supplies;

          2. discriminate against the use of Cards in any way;

          3. split a transaction into two or more transactions;

          4. accept transactions relating to goods and/or services which fall outside the description of a Merchants Business without prior written approval of the Card Processor;

          5. accept a transaction or present transaction Data for processing which was not undertaken directly between the Merchant and the Card Holder;

          6. accept or process transactions in order to give Card Holders cash unless the processor have specifically given prior written consent to the Card Processor o do so;

          7. accept any transaction using any Card issued in Glomo or the Merchants name, or related to the nominated bank account or of a partner in, or director or other officer of Glomo or the Business of the Merchant, or of the spouse or any member of the immediate family or household of any such person;

          8. submit transaction data which Glomo or Merchant know or ought to have known is illegal; or

          9. Refund transactions to a Card which was not originally used to make such transactions, and a Merchant must not, under any circumstances, accept money from a Card Holder in connection with processing a refund to the Card Holder's Account.
             
             

31. Terms and Conditions for LRS Flow
    For LRS (Liberalised Remittance Scheme) specific terms and conditions, please click here.