Magpie Terms of Service

These Terms and Conditions constitute a legal agreement (“Agreement”) between the sole proprietor or business entity or business organization listed as the “Merchant” on the Service registration page (sometimes referred to as “you,” “your”, “user”), and Magpie.IM Inc. Philippines (“Magpie”, which includes certain affiliates, where applicable) (sometimes referred to as “we,” “our” or “us”). 

You may request a copy of this Agreement, and the other terms or documents incorporated in it by reference, at any time during the term of this Agreement.

Magpie’s customer service email address is hello@magpie.im.

1. Our Role

Our Service helps you accept and process credit card, debit card and other types of card payments (collectively “cards” or “Cards”, each a “card” or “Card”) from your customers (each, a “customer” or a “Cardholder”) in exchange for your products and services.

In providing our Service, we will be acting as a technology service provider. Magpie is not a bank or a money services business and Magpie does not offer banking or remittances services as regulated by any regulatory body.

In addition, we do not assume any liability for the products or services purchased using our Service. You will be required to register for a service account to use Magpie (“Magpie Account”) (see Getting a Magpie Service Account).

This Magpie Account allows you to review card transactions that are in process of settling from a Card Network (as defined below) and us to your specified settlement bank account.

2. Our Software

We provide the Magpie application programming interfaces (collectively, “API”) and other software to enable you to use the Service. We reserve the right to require you to install or update any and all software to continue using the Service. It is your responsibility to obtain your customers’ consent to be billed on a recurring basis in compliance with applicable legal requirements and Network Rules (as defined in Section A14 below) established by Visa, MasterCard, or other applicable card networks (collectively, the “Card Networks”).

3. Authorization for Handling of Funds

By accepting this Agreement, you acknowledge that certain entities designated by Magpie may hold. receive, and disburse funds on your behalf when such funds from your card transactions settle from the Card Networks. You acknowledge that Magpie may choose any Designated Bank to provide services in order for your card transaction settlement funds to be held, received and disbursed to you and the timing of such disbursements. You also acknowledge that the Designated Bank may hold settlement funds in a deposit account on trust on your behalf pending disbursement of the funds to you in accordance with the terms of this Agreement. You authorize us to provide our Service through which we will be acting as a technology service provider to the Designated Bank.

You agree you are not entitled to any interest associated with the settlement funds held in the deposit account pending settlement to your specified bank settlement account and you may not assign any interest in those funds or the deposit account.

4. Payment Methods

The Service supports most issued cards with a Card Network logo including credit, debit and Visa and MasterCard branded pre-paid cards. Magpie will only process card transactions that have been authorized by the applicable Card Network or card issuer.

You are solely responsible for verifying the identity of users and the eligibility of each presented payment card used to purchase your products and services, Magpie does not guarantee or assume any liability for transactions authorized and completed which may later be reversed or charged back. You are solely responsible for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback.

Magpie may add or remove one or more types of cards as a supported payment card at any time without prior notice to you.

5. Customer Service

Magpie will provide you with customer service to help resolve any issues relating to your use of Magpie, your card payment processing and use of our software, and the distribution of funds to your specified bank settlement account. You, and you alone, are responsible for providing service to your customers for any and all issues related to your products and services, including but not limited to issues arising from the processing of customers’ cards through the Service.

6. Taxes

It is your responsibility to determine what, if any, taxes apply to the sale of your goods and services and/or the payments you receive in connection with your use of the Service (“Taxes”). It is solely your responsibility to assess, collect, report, or remit the correct Taxes to the proper tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction.

You acknowledge that we may make certain reports to tax authorities regarding transactions that we process and merchants to which we provide card payment services. We reserve the right to report to relevant revenue or taxing authorities regarding payment card transactions processed by Magpie on your behalf, to the extent we are required to do so by applicable law.

7. Our Data Security and Retention Obligations

Magpie is not data intermediary processing Card and Cardholder Data for and on your behalf. Card and Cardholder Data includes a Cardholder’s name, account number, card expiration date, card verification value 2 (“CVV2”) and other personal information is not retained by us. All of this information is gathered in an encoded state and transmitted directly to our service provider for storage and retention. Our third party service provider is responsible for protecting the security of Card and Cardholder Data in their possession as undertaken by them to us, and will maintain commercially reasonable administrative, technical and physical procedures to protect all the Card and Cardholder Data and other personal information regarding you and your customers that is stored in their servers from unauthorized access and accidental loss or modification, and to cease to retain such Card and Cardholder Data as soon as such retention is no longer necessary for legal or business purposes. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. You acknowledge that you provide this personal information regarding you and your customers at your own risk.

8. Your Data Security Obligations

You are fully responsible for the security of data on your website or otherwise in your possession. You agree to comply with all applicable laws and rules in connection with your collection, use, retention, security and dissemination of any personal, financial, Card, or transaction information (defined as “Data”) on your website or otherwise in your possession. You agree that at all times you shall be compliant with the Payment Card Industry Data Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PA-DSS), as applicable. The steps you will need to take to comply with PCI-DSS and PA-DSS when using Magpie will vary based on your implementation. For more information about implementing Magpie, please refer to our https://magpie.im/documentation. If we believe it is necessary based on your implementation and request it of you, you will promptly provide us with documentation evidencing your compliance with PCI-DSS and/or PA-DSS if requested by us. If your implementation involves storage or transmission of Card Data you also agree that you will use only PCI compliant service providers in connection with such storage or transmission. You must not store CVV2 data at any time. Information on the PCI-DSS can be found on the PCI Council’s website: https://www.pcisecuritystandards.org. It is your responsibility to comply with these standards.

9. Audit Right

If we believe that a security breach or compromise of data has occurred, we may require you to have a third party auditor that is approved by us conduct a security audit of your systems and facilities and issue a report to be provided to Magpie, the Designated Bank, and/or the Card Networks and you shall be required to remedy any defects identified within a reasonable period or a timeframe given by the Card Network.

10. Privacy

Your privacy and the protection of your data are very important to us. You acknowledge that you have received, read in full and agree with the terms of our Privacy Policy (to be provided separately) linked to and incorporated into this Agreement by reference, which contains your consent to our collection, use, retention by our third party service providers, and disclosure of personal information as well as other matters set forth therein and which explains how and for what purposes we collect, use, retain, disclose and safeguard the information you provide to us.

You also acknowledge that we are required to report your business name and the name of your principals to the Match™ listing maintained by MasterCard and accessed and updated by American Express, VMAS database upheld by Visa or to the Consortium Merchant Negative File maintained by Discover, if applicable, pursuant to the requirements of the Network Rules.

During the course of this Agreement we reserve the right to place any terminated merchant in a terminated merchant file established by the Card Networks for termination with due cause. You specifically consent to the fulfillment of the obligations related to the listing by us and to the listing itself and you waive and hold harmless Magpie from all claims and liabilities you may have as a result of such reporting.

Magpie will at all times comply with the provisions of applicable data protection law. If Magpie processes any personal data on your behalf when performing its obligations under this Agreement, Magpie and you both agree that it is intended that you shall be the data controller and we shall be the data intermediary in relation to that data. We shall process the personal data only in accordance with the terms of this Agreement and any lawful instructions reasonably given by you to us from time to time and not for any other purpose. This will include having appropriate technical and organizational measures to protect the personal data that is processed. As data intermediary, Magpie is entitled to appoint sub-processors for parts of its processing of personal data.

We will notify you (within a reasonable time frame) if we receive a request from a person to have access to that person’s personal data, a complaint or request relating to your obligations under applicable data protection legislation, or any other communication relating directly to the processing of any personal data in connection with this Agreement.

Magpie will provide you with reasonable co-operation and assistance in relation to any complaint or request made in respect of any personal data processed by us on your behalf, including by providing you with details of the complaint or request, complying with any data subject access, rectification or deletion requests (within the relevant timescales set out in applicable data protection legislation) and providing you with any personal data we hold in relation to a person making a complaint or request (again, within a reasonable timescale).

You acknowledge that Magpie is reliant on you for direction as to the extent to which we are entitled to use and process the personal data you provide us with. Consequently, we will not be liable for any claim brought by a data subject arising from any action or omission by us, to the extent that such action or omission resulted from your instructions.

11. Privacy of Others

You represent to Magpie that you are in compliance with all applicable privacy laws, you have obtained all necessary rights and consents under applicable law to disclose to Magpie, or allow Magpie to collect, use, retain and disclose any Cardholder Data that you provide to us or authorize us to collect, including information that we may collect directly from your end users via cookies or other means, and that Magpie will not be in breach of any such laws by collecting, receiving, using and disclosing such information in connection with the Service.

As between you and Magpie, you are solely responsible for disclosing to your customers that Magpie is processing credit card transactions for you and obtaining Data from such customers. Magpie will provide some or all of the Service from systems located countries outside of the Philippines. As such, it is your obligation to disclose to your customers that Cardholder Data may be transferred, processed and stored outside of the Philippines and, as set forth in our Privacy Policy, may be subject to disclosure as required by applicable law.

If you receive information about others, including Cardholders, through the use of the Service, you must keep such information confidential and only use it in connection with the Service. You may not disclose or distribute any such information to a third party or use any such information for marketing purposes unless you receive the express consent of the user to do so. You may not disclose card numbers to any third party, other than in connection with processing a card transaction requested by your customer under the Service.

12. Restricted Use

You are required to obey all laws, rules, and regulations applicable to your use of the Service (for example, those governing financial services and consumer protection). In addition to any other requirements or restrictions set forth in this Agreement, you shall not:

i) use the credit available on any Card to provide cash advances to Cardholders;
ii) submit any card transaction for processing that does not arise from your sale of goods or service to your customer;
iii) (act as a payment intermediary or aggregator or otherwise resell our services on behalf of any third party,
iv) (send what you believe to be potentially fraudulent authorizations or a fraudulent card transaction, or
v) use the Service in a manner that one or more of the Card Networks or any other payment processor reasonably believes to be an abuse of the Card Network or a violation of Network Rules.

You also agree not to, nor to permit any third party to, do any of the following:

i) access or attempt to access Magpie systems, programs or data that are not made available for public use;
ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way material from Magpie;
iii) permit any third party to use and benefit from the Service via a rental, lease, timesharing, service bureau or other arrangement;
iv) transfer any rights granted to you under this Agreement;
v) work around any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble or otherwise reverse engineer the Service, except to the extent that such restriction is expressly permitted by any applicable law;
vi) perform or attempt to perform any actions that would interfere with the proper working of the Service, prevent access to or use of the Service by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or
vii) otherwise use the Service except as expressly allowed under this section.

13. Suspicion of Unauthorized or Illegal Use

We reserve the right to not authorize or settle any transaction you submit that we believe is in violation of this Agreement or of applicable law, or exposes you, other Magpie users, the Designated Bank, or Magpie to harm, including but not limited to fraud or other criminal acts. You hereby authorize us to share information with law enforcement about you, your transactions, or your use of the Service if we reasonably suspect that your Magpie Account has been used for an unauthorized, illegal, or criminal purpose.

14. Card Network Rules

The Card Networks have established guidelines, bylaws, rules, and/or regulations (“Network Rules”). You are required to comply with all applicable Network Rules that are applicable to merchants and which are publicly available or are provided to you by us.

You can review portions of the Network rules at Visa and MasterCard, and other applicable Card Networks websites. The Networks reserve the right to amend the Network Rules. Magpie reserves the right to amend the Agreement at any time with notice to you as necessary to comply with Network Rules or otherwise address changes in the Service.

You will be deemed to have accepted the changes unless you notify us to the contrary in writing to Magpie’s email address as set out above before the proposed date of the change and you have the right to terminate this Agreement immediately and without charge before that date.

15. Disclosures and Notices

You agree that Magpie can provide disclosures and notices regarding the Service and in respect of this Agreement to you by posting such disclosures and notices on our website, emailing them to the email address listed in your Magpie Account, or mailing them to the address listed in your Magpie Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. All such communications, disclosures and notices shall be in English.

16. References to Our Relationship

You agree that, from the time you begin processing payments with Magpie until you terminate your account with us, we may identify you as a customer of Magpie. Neither you nor we will imply any untrue sponsorship, endorsement or affiliation between you and Magpie.