Mobilepay online with Lunar Online Payments Terms and conditions
The parties
These Terms and Conditions are concluded between the following parties:
Lunar Payments ApS CVR 36683279 hereinafter referred to as (“Lunar Online Payments”)
And
The Business Entity
1. Definitions:
The Business Agreement
An agreement that sets out terms and specific fees between the Business Entity and Lunar Online Payments. In case of inconsistency between the Business Agreement and Mobilepay online with Lunar Online Payments Terms and Conditions, the Business Agreement takes precedence.
The Service
The access to and use of MobilePay Online services facilitated by Lunar Online Payments.
Mobilepay Online
MobilePay Online is not a payment service but a "pass-through digital wallet", which gives the End-users the opportunity to easily convert the mobile phone number the End-user has linked to MobilePay to the card information that the End-user needs in order to pay with the card that the Merchant receives. End-user
A natural person authorized to utilize the Products.
Business Entity
The business who is a party to the agreement and also the Merchant.
Merchant
A physical or legal person, selling goods and/or services online to End-users. The merchant enters into an agreement with Lunar Online Payments, respectively, regarding the acceptance of payments with international payment cards and payment methods.
Territory
EU/EEA and other geographies as agreed between the Parties.
2. The Service
The following Terms and Conditions apply to the contractual relationship between the Business Entity and Lunar Online Payments, when the Business Entity is purchasing the service of using MobilePay as a payment method.
This agreement supplements the separate Business Agreement and the terms and conditions for Use of Lunar Online Payments as well as other contractual documents that apply to the customer relationship between Lunar Online Payments and you as a customer.
Lunar Online Payments and the Business Entity establishes an agreement that gives access to the use of MobilePay that offer End-users the ability to use MobilePay online to transfer the card details to the Merchant/Business which is then used in the main agreement.
The Service must only be used for commercial purposes, and only by the Business Entity itself, and only for receiving and requesting payments. This means that the business may not set up points of sale etc. for other businesses without prior agreement with Lunar Online Payments. All information obtained in this agreement is strictly for the Business Entity’s own use and for use for the Service. The Business Entity is not permitted to disclose the information to anyone else or use it for any purposes other than the Service.
The Merchant may not transfer its rights or obligations under the Merchant Agreement to a third party without prior written approval from Lunar Online Payments.
3. Sign up
It is a requirement that you have accepted the Terms and Conditions for Lunar Online Payments. You must be approved by and have an account with Lunar Online Payments to be eligible for MobilePay Online.
To use MobilePay Online, the Merchant has to be approved by Lunar Online Payments.This means that it is not guaranteed that you, as a Lunar Online Payments customer, are also approved for use of MobilePay Online.
Lunar Online Payments reserves the right to refuse the Merchant the use of MobilePay as payment method. Merchants included in the Merchant Category Codes (“MCC”) list will not be able to use MobilePay Online.
4. Payments
All payments made using MobilePay Online will be transferred to the bank account depending on the Business Agreement which has been entered into between Lunar Online Payments and the Business Entity.
The Business Entity may not charge recurring payments from cards used via MobilePay.
MobilePay Online does not support 3-D Secure.
The Merchant may not impose any charges for the use of MobilePay Online, as MobilePay Online is not a payment solution.
Payments by card via MobilePay Online can be offered only in the Territory (i) in the following languages: English, Danish, Finnish, Norwegian, Swedish or German and (ii) in the following currencies: DKK, EUR, NOK, SEK.
The Business Entity may not accept payments via MobilePay Online for illegal activities, illegal purposes or morally reprehensible purposes.
The Business Entity must inform its customers that payment online via MobilePay Online takes place directly from the payment card that the End-user has linked to MobilePay. If the Business Entity cannot receive payments from the linked card, the End-user cannot use MobilePay Online with the Merchant.
5. Transactions
A payment via MobilePay Online is a card transaction that is processed as though the End-user had entered the card details directly on the Merchant’s website. MobilePay Online is not a payment solution. MobilePay is not a payment service provider. Settlement in relation to the Merchant is carried out by Lunar Online Payments in accordance with the Business Agreement. All transactions must be approved by the End-user. The Merchant must retain transaction receipts in accordance with the agreement with Lunar Online Payments and in accordance with current legislation, and receipts must be retrievable in accordance with Lunar Online Payments’ terms and conditions
6. Trademarks
The Merchants Agreement shall allow MobilePay and/or its authorized representatives to access the premises of the Merchant at all reasonable times for the purpose of ensuring that the MobilePay designation and the Trademarks are used in compliance with the Mobilepay standards and instructions.
The Merchant shall ensure that the Services under the MobilePay designations and the Trademarks will conform to and comply with the requirements and standards approved and provided by MobilepPay.
All copyrights, trademarks and other intellectual property rights to and pertaining to the Solution and its functions, including MobilePay’s logos, are the property of MobilePay or our licensors. Your business may not reproduce, copy, display, assign, publish or use these intellectual property rights or the Solution in any way whatsoever, except to the extent necessary to use the Solution as provided in these terms and conditions.
The Merchant shall use the MobilePay designations, logos and the trademarks associated herewith (the “Trademarks”) as intended and in accordance with the instructions set out as amended from time to time.
The Merchant understands that MobilePay has all rights to the MobilePay trademarks. The Merchant may not violate the MobilePay intellectual property rights. The Merchant’s use of the MobilePay trademarks may not create the impression that goods and services are sponsored, produced, offered, sold or otherwise supported by the Lunar Online Payments and Mobilepay.
MobilePay Trademarks and MobilePay logos are the property of MobilePay and the Merchant acknowledges that all use hereof shall insure to the benefit of MobilePay. The Merchant informs Lunar Online Payments immediately if the Merchant becomes aware of any claims or allegations from third parties that the MobilePay trademarks are invalid or that the use violates the rights of third parties.
The Merchant shall seek the prior written approval of MobilePay for all matters pertaining to the marketing and advertising strategies and promotion of MobilePay.
7. Prices
The Business Entity agrees to pay the prices and fees that follow from the current price list, which is an incorporated part of the Terms and Conditions. In the event of inconsistency with the Terms and Conditions and individually concluded Business Agreement, the Business Agreement takes precedence.
Lunar Online Payments may change the pricing list at any time at 14 days’ notice, unless a regulatory requirement etc. demand s shorter notice. Your business will be informed of the changes via messages in the Portal or via email.
For existing ongoing contractual services, we may raise the regular prices you pay or introduce new fees, subscription payments, etc. (prices for services we did not previously charge for) at 14 days’ notice if the changes are due to market, earnings or competitive factors, including risk, regulatory and cost factors, in Denmark or abroad. Such factors could be:
a generally higher cost level greater operational risk changes in the law, legal practice or measures taken by public authorities etc. rationalization of the use of our resources, changes in taxes and duties, capital requirements etc. a commercial need for changes in our pricing and fee structure that the basis on which your individual price terms were previously determined changes materially.
Your business will be informed of the changes via messages in the Portal or via email. The new prices will be charged from the date they are communicated, unless you notify us that you do not want to be bound by them.
If you notify us that you do not wish to be bound by the new prices, we may view the contractual relationship as having been terminated from the time the new prices enter into force.
The Merchant has an obligation to comply with the current applicable laws on imposing charges on the End-users.
8. Objections
The terms for objections follow the terms and conditions for Lunar Online payments section 9.
9. Termination of the agreement
The agreement can be terminated immediately by both parties. Lunar Online Payments has the right to terminate this agreement and remove the Business Entity’s ability to use Mobilepay Online as a payment method. In some cases Lunar Online Payments would find the need to terminate the whole agreement and thereby the complete business relationship. Both Parties have the opportunity to terminate the Service. A termination of the Service will result in a termination period of the current month. Fees will be charged in full for the current month. Fees and all related services and terms will cease after the current month.
10. Changes
Lunar Online Payments may change these terms and conditions at any time and without notice. This includes modifying the Solution. Your business will be informed of the changes via messages in the App or via email. The new conditions will apply to you unless you inform us that you do not wish to be bound by them. If you notify us that you do not wish to be bound by the new conditions, we may view the contractual relationship as having been terminated from the time the new conditions enter into force. The business has a duty to keep its own email addresses up to date. The business assumes responsibility for failure to receive notice of changes if it has failed to inform us of changes to email addresses
11. Data
As a Merchant you must not store any data, including the End-user's telephone number connected to MobilePay, when using MobilePay Online. The data is handed over with consent from the End-user and can only be used for the specific transaction / purchase. This will also apply for any other services offered to the Merchant, and where the End-user accepts to use the service. The Merchant may not store any data about the End-user in violation of applicable law.
The Merchant’s name could appear on a list of the shops where it is possible to pay with a card via MobilePay as a part of the agreement with MobilePay. Lunar Online Payments may provide MobilePay with a digital copy of this Merchant Agreement template that Lunar Online Payments uses in relation to the Merchants and/or proof of specific Merchant Agreements concluded between Lunar Online Payments and the Business Entity.