Term and Condition for easyBills Service
Welcome to easyBills Service!
This Term and Condition for easyBills Service (“Term”) is a contract between you and 2C2P (Thailand) Co., Ltd. (“2C2P”), a company incorporated under Thai laws, and governs all your use of easyBills Service. You have accepted and agreed to comply with all the terms and conditions contained herein including Privacy Policy which you have carefully and thoroughly read and understood.
1. easyBills Service and Eligibility.
1.1 easyBills Service.
(a) easyBills Service is a payment service for public utility charges, insurance fees, prices of goods and/or services including top-ups for mobile phone and e-Wallet for which you may choose to conduct the payment transactions through website or mobile application, compatible with both iOS and Android.
(b) 2C2P is the payment service provider and acts as such by creating, hosting, maintaining and providing 2C2P payment system so that you can use payment service via the internet. easyBills Service allows you to make payment to any person through the channels and methods designated by 2C2P. easyBills Service is presently available within Thailand only. The services offered and provided by 2C2P is in compliance with the applicable laws and regulations of Thailand.
(c) 2C2P does not conduct remittance business nor is a money transfer service provider; and, you must not use the service offered and provided by 2C2P in order to remit funds to any third party.
(d) 2C2P does not have any control over and is not responsible or liable for the goods and/or services for which the payment is made through 2C2P’s services. 2C2P does not take part in or otherwise witness the agreement and/or contract between you and the seller of goods (“Seller”) or the provider of the service (“Service Provider”). 2C2P cannot ensure whether the Seller or the Service Provider whom you are dealing with will actually complete the transaction.
1.2 Eligibility.
(a) To be eligible to use easyBills Service, you must be at least 18 years old or higher or reach the age of majority according to the laws of Thailand.
(b) This Term applies only to the users of easyBills Service who are residing in Thailand.
1.3 Information.
In order to open and maintain a User Account for using easyBills Service, you must provide 2C2P with your correct and updated Information.
(a) Your contact information.
It is your responsibility to keep your primary email address provided to 2C2P on your first time of use of easyBills Service up to date so that 2C2P can communicate with you electronically. You understand and agree that if 2C2P sends you an electronic communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked or you are otherwise unable to receive electronic communications, 2C2P will be deemed to have provided the communication to you effectively.
(b) Identity Verification.
You authorize 2C2P, directly or through third parties, to make any inquiries 2C2P considers necessary to validate your identity. This may include asking you for further information or documentation, requiring you to provide a taxpayer or national identification number, 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.
You authorize 2C2P to request for and obtain your credit information, regardless whether you are a natural person or a juristic person, from a credit bureau as prescribed by law: (a) when you request certain new services, or (b) at any time 2C2P believes there may be a high level of risk associated with your use of easyBills Service.
(d) Personal Information Usage and Disclosure Authorization.
You authorize 2C2P to use your personal information provided to 2C2P; or, by any other means, obtained or collected by 2C2P during the course of or in connection with your use of easyBills Service; including, to disclose your foregoing personal information to any third party, for conducting any activity which is necessary for and/or relating to the provision of the services to you; for example, for providing you with the services as you requested; for making communications with you; for informing you of any news, promotion or advertisement and conducting marketing activities with you or for any other business objectives (either directly by 2C2P itself or by its affiliates, business partners and/or other service providers, etc.); for the preparation and delivery of electronic receipt and/or electronic tax invoice to you, etc.; as well as, to disclose your foregoing personal information to any competent authority or for compliance with applicable laws and regulations.
(e) Updates to Information.
If the number of you credit/debit card or expiration date of your credit/debit card changes, 2C2P may acquire that information from any of our financial service partners and update your User Account.
1.4 Beneficial Owner.
You must be the beneficial owner of the credit card, debit card or bank account that you used for making payment for goods and/or services or the top-up through easyBills Service.
2.1 Received Amount.
The amount of payment for goods and/or services or the top-up that you can make through the use of easyBills Service shall be as designated by 2C2P, the Seller or the Service Provider. 2C2P will notify you of such information via 2C2P’s website.
2.2 Cards as Payment Methods.
By adding a debit card or credit card as a payment method, you are granting 2C2P 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 Term. You can stop the continuous authority in respect of any card by removing that card as a payment method in your User Account profile.
2.3 Payment Cancellation, Payment Modification or Refund.
While using easyBills Service, if you mistakenly conducted the payment transaction (such as input incorrect amount, incorrect mobile number intended for the top up or incorrect reference number) or conducted the same payment transaction twice, you cannot amend or adjust such mistaken transaction nor cancel the double payment transaction; and, 2C2P will not refund the amount of payment already received as well as the applicable fees as specified in Appendix A (“Fees”) to you. You must directly contact the Seller or the Service Provider to require the Seller or the Service Provider to amend or adjust such mistaken transaction or refund to you the amount of such double payment transaction.
3.1 Ability to Make Payment.
Your ability to make payment from your local bank account may be limited by the term and condition of the account that you opened with each financial institution and/or the Seller or the Service Provider.
3.2 Liability for Invalidated Payments.
In the event you have filed a refusal of payment, the issuer bank will consider to determine the person who is required to make the payment. If you are defeated in the refusal of payment dispute or any other dispute which requires you to make payment according to this Term, you must make payment together with the applicable fees as specified in Appendix A (“Fees”) to 2C2P.
You agree that for any and all the amount of monies that you are responsible or liable to pay or reimburse 2C2P, you will pay or reimburse such amount of monies to 2C2P according to the methods and within the period designated by 2C2P.
4.1 How to Close User Account.
You may close your User Account at any time by following the instructions in your User Account profile. Upon the User Account closure, 2C2P will cancel all the pending transactions and you will lose the offer from any sales promotion used for obtaining privileges (if any) (such as redemption code), unless otherwise legally prohibited.
4.2 Limitations on Closing User Account.
You may not evade an investigation from 2C2P by closing your User Account. If you close your User Account while 2C2P is conducting an investigation and if it is found from such investigation that there is any damage occurring to 2C2P, its affiliates or any third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liabilities, you must be liable for all obligations related to your User Account even though your User Account has been closed.
4.3 Non-Movement of User Account.
If your User Account has no movement within a period of 6 months from the date of your latest use of easyBills Service, 2C2P reserves the right to charge applicable fee (if any) from you including taking any further action as 2C2P deems appropriate.
Before contacting your card issuer or filing a dispute with 2C2P, you should directly contact the Seller or the Service Provider to resolve your issue with respect to the Seller’s or the Service Provider’s return policy as stated on their website or as agreed between you and the Seller or the Service Provider first.
You may file a dispute/claim with 2C2P 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 2C2P and also file a chargeback with your credit card company, 2C2P will close your dispute or claim and you will have to rely solely on your chargeback rights.
6. Errors and Unauthorized Transactions.
When an unauthorized transaction or an error occurs in your User Account, you will be fully responsible for such unauthorized transaction or error which occurs through your faults.
6.1 Notification Requirements.
a. You should immediately notify 2C2P if you believe that:
· there has been an unauthorized transaction or unauthorized access to your User Account;
· there is an error in your payment history (you can check your payment history by logging into your User Account and clicking on a link to view your transactions) or in your transaction confirmation sent to you by email;
· your password or personal identification number (“PIN”) is endangered;
· your activated phone has been lost, stolen or deactivated; or,
· you need more information about any transaction listed on your payment history or transaction confirmation.
b. To be eligible for protection against unauthorized transactions, you must notify 2C2P within 60 days after any unauthorized transaction first appears in payment history in your User Account. 2C2P may extend the 60 days’ period if there is a good and demonstrable reason such as a hospital stay.
You should regularly log into your User Account or review your payment history to ensure that there has not been any unauthorized transaction or error. 2C2P will also send an email to the primary email address you provided in order to notify you of each transaction from your User Account. You should also review these transaction confirmations to ensure that each transaction was authorized and is accurate.
If there has been any unauthorized transaction or error in your User Account, you must notify 2C2P, as follows:
· Send an email to 2C2P at: support@2c2p.com; and
· Call 2C2P Customer Service at 02-026-3000.
While notifying 2C2P, you must provide 2C2P with all of the following information:
· Your name and email address you used when registering your User 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.
6.2 After you have orally notified 2C2P of such incident, you must send 2C2P your complaint or question in writing within 10 days. During the course of 2C2P’s investigation, 2C2P may request additional information from you.
6.3 Your Errors.
6.3.1 if you mistakenly conducted the payment transaction and/or conducted the same payment transaction twice, you must directly contact the Seller or the Service Provider to require the Seller or the Service Provider to amend or adjust such mistaken transaction or double transactions. In all events, 2C2P will not reimburse you or reverse a payment that you have made in error.
6.3.2 You must strictly keep your password or PIN as your personal confidential information. You agree that if there is any transaction conducted by using your password or PIN, it shall be deemed as transaction conducted by you in all cases and that 2C2P will not be responsible for any damage occurring from any transaction conducted under your User Account with the use of your password or PIN.
In connection with your use of esayBills Service or in the course of your interactions with 2C2P, other users or third parties, you must not:
a. breach this Term, any policy and/or any agreement that you have agreed to with 2C2P;
b. violate any law, statute, ordinance or regulation;
c. infringe 2C2P's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
d. act in a manner that is defamatory, trade libelous, threatening or harassing to 2C2P, 2C2P’a employees and/or agents or other users;
e. provide false, inaccurate or misleading information;
f. engage in potentially fraudulent or suspicious activity and/or transactions;
g. refuse to cooperate in an investigation or provide confirmation of your identity or provide any documentation to verify the information you provided to 2C2P;
h. receive or attempt to receive funds from both 2C2P and the Seller or the Service Provide, bank or card issuer for the same transaction during the course of a dispute;
i. use easyBills Service in a manner that is leading or may lead to complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties or other obligations to 2C2P, other users, any third party or yourself;
j. received credit scores from any credit reporting agency that indicates a high level of risk associated with your use of easyBills Service;
k. disclose or distribute another user's Information to any third party, or use the information for marketing purposes unless you have received such user’s express consent to do so;
l. take any action that imposes an unreasonable or disproportionately large load on 2C2P’s infrastructure;
m. 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;
n. use an anonymizing proxy; use any robot, spider, other automatic device or manual process to monitor or copy 2C2P’s website without 2C2P’s prior written permission;
o. use any device, software or routine to bypass 2C2P’s robot exclusion headers, or interfere or attempt to interfere with 2C2P’s website or the easyBills Service; or,
p. take any action that may cause 2C2P to lose any of the services from 2C2P’s internet service providers, payment processors or other suppliers.
8. Your Liability - Actions 2C2P May Take.
8.1 Your Liability.
General. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties, interest charges (applicable interest rate by law) and other liabilities incurred by 2C2P or any third party caused by or arising out of your breach of this Term and/or your use of easyBills Service. You agree to reimburse 2C2P or such third party for any and all such liabilities.
8.2 Reimbursement for Your Liability.
In the event you are liable for any amount owed to 2C2P, you must transfer such amount into 2C2P’s account or reimburse to 2C2P through an alternative method within the period designated by 2C2P; failing which, you are obliged to pay late payment interest to 2C2P in the rate of 7.5% per annum of the outstanding amount owed to 2C2P calculating form the date of default until the payment in full and correct amount is made to 2C2P.
8.3 Actions by 2C2P – Restricted Activities.
If 2C2P, in its sole discretion, believes that you may have engaged in any Restricted Activities, 2C2P may take various actions to protect 2C2P, 2C2P’s affiliates, other users, any third party or you from reversals, chargebacks, claims, fees, fines, penalties and any other liability. The actions 2C2P may take includes but are not limited to the following:
(a) 2C2P may close, suspend or limit your access to easyBills Service; and,
(b) 2C2P may refuse to provide easyBills Service to you immediately and in the future.
8.4 Actions by 2C2P – User Account Closure, Termination of Service, Limited User Account Access; Confidential Criteria.
2C2P, in its sole discretion, reserves the right to terminate this Term and/or access to easyBills Service for any reason and at any time. 2C2P will notify you of 2C2P’s action and will provide you with an opportunity to reclaim your right to access to easyBills Service subject to 2C2P’s sole discretion. Further, you acknowledge that 2C2P’s decision to take certain actions, including limiting access to your User Account, may be based on confidential criteria that is essential to 2C2P’s management of risk, the security of your User Accounts and the 2C2P system. You agree that 2C2P is under no obligation to disclose the details of its risk management or its security procedures to you.
9.1 Contact 2C2P First. If a dispute arises between you and 2C2P, 2C2P’s goal is to learn about and address your concerns; and, if 2C2P is unable to do so to your satisfaction, 2C2P will provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and 2C2P regarding easyBills Service may be reported at any time to customer service online through 2C2P Call Center or by calling 02-026-3000 throughout 24 hours.
9.2 Law and Forum for Disputes. Except as otherwise agreed by the parties, you agree that any claim or dispute you may have against 2C2P must be resolved by a court located in Thailand. You agree to submit to the personal jurisdiction of the courts located within Thailand for the purpose of litigating all such claims or disputes. This Term shall be governed in all respects by the laws of Thailand as such laws are applied to all agreements entered into and to be performed entirely within Thailand, without regard to conflict of law provisions.
9.3 Notices to You. You agree that 2C2P will electronically communicate with you about the matters concerning easyBills Service and this Term. 2C2P reserves the right to close your User Account if you withdrew your consent to receive electronic communications. Any and all the electronic communications will be considered to have been received by you within 24 hours of the time 2C2P posted it to 2C2P’s website or emailed it to you. Any notice sent to you by postal mail will be considered to have been received by you 3 days after 2C2P sent it.
9.4 Notices to 2C2P. Notices to 2C2P must be sent by postal mail to:
Attention: Legal Department, 2C2P (Thailand) Co., Ltd.
No. 9 G Tower Grand Rama Nine Building, South Wing,
17th Floor, Rama 9 Road, Huay Kwang Sub-district,
Huay Kwang District, Bangkok 10310, Thailand
Release of 2C2P.If you have a dispute with one or more users concerning 2C2P, you agree to release 2C2P and its affiliates (including its 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.
10.1 Limitations of Liability. IN THE EVENT OF DAMAGE SUFFERED OR INCURRED BY YOU WHICH ARISES FROM THE USE OF EASYBILLS SERVICE ACCORDING TO THIS TERM, 2C2P; 2C2P’S PARENTS, SUBSIDIARIES AND AFFILIATES; 2C2P’S OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES OR SUPPLIERS WILL BE LIABLE TO YOU FOR THE ACTUAL AMOUNT OF DIRECT DAMAGES, BUT NOT INCLUDING ANY OTHER DAMAGES WHICH ARISES FROM NEGLIGENCE, LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) UNLESS AND TO THE EXTENT PROHIBITED BY LAW.
10.2 Services Limitation. 2C2P is not a bank and easyBills Service is payment processing services rather than banking services. 2C2P is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian. 2C2P does not have control of, nor liability for, the goods or the services that are paid for through 2C2P’s services. 2C2P cannot guarantee the identity of any user or ensure that a Seller or a Service Provider will complete a transaction.
10.3 No Warranty. EASYBILLS SERVICE IS PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. 2C2P does not have any control over the goods or the services that are paid for through the use of easyBills Service and 2C2P cannot ensure that a Seller or a Service Provider you are dealing with will actually complete the transaction or is authorized to do so. 2C2P does not guarantee continuous, uninterrupted or secure access to any part of easyBills Service, and operation of 2C2P’s website may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of 2C2P’s control. 2C2P makes no representations or warranties regarding the amount of time needed to complete processing because easyBills Service is dependent upon many factors outside of 2C2P’s control such as delays in the banking system or mail service.
10.4 Indemnification. You agree to defend, indemnify and hold 2C2P; 2C2P’s affiliates; and 2CaP’s 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 Term and/or use of easyBills Service.
10.5 Intellectual Property. "2C2P.COM", "2C2P”, “123 Service”, “Qwik”, “easyBills”, “iACCEPT”, “123.co.th”, “easyBills.in.th” and all other URLs, logos and trademarks related to the 2C2P’s services are either trademarks or registered trademarks of 2C2P or its licensors. You must not copy, imitate or use them without 2C2P's prior written consent. In addition, all page headers, customized graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of 2C2P. You must not copy, imitate, or use them without 2C2P's prior written consent. You may use HTML logos provided by 2C2P through 2C2P's merchant services, auction tools feature or affiliate programs with 2C2P’s prior written consent for the purpose of directing web traffic to the easyBills Service. You must not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to 2C2P or easyBills Service or display them in any manner that implies 2C2P's sponsorship or endorsement. All right, title and interest in and to 2C2P’s website, any content thereon, easyBills Service, the technology related to 2C2P’s services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of 2C2P and its licensors.
10.6 Calls to You; Mobile Telephone Numbers. By providing 2C2P with a telephone number (including a mobile telephone number), you consent to receiving calls, including autodialed and prerecorded messages from 2C2P at that number. If 2C2P determines that a telephone number you have provided to 2C2P is a mobile telephone number, 2C2P may categorize it as such in 2C2P’s systems and in your User Account profile, and you consent to receive text messages from 2C2P about your use of easyBills Service at that number.
10.7 Password Security. You are responsible for maintaining adequate security and control of any and all IDs, passwords, PINs or any other codes that you use to access easyBills Service.
10.8 Complete Agreement and Survival. This Term along with any applicable policies with respect to easyBills Services where Sections 8 (Your Liability - Actions 2C2P May Take), 9 (Disputes with 2C2P), 10 (General Terms) and Appendix A (Fees) as well as any other terms and conditions which by their nature should survive, will survive the termination of this Term. If any provision of this Term is held to be invalid or unenforceable, such invalid or unenforceable provision shall be severable and the remaining provisions shall be lawfully binding and enforceable.
10.9 Assignment. You may not transfer or assign, partially or entirely, any right or obligation you have under this Term to any third party without 2C2P's prior written consent. 2C2P reserves the right to transfer or assign, partially or entirely, any right or obligation under this Term to any third party at any time.
10.10 Translated Agreement. Any translation of this Term is provided solely for your convenience and is not intended to modify the terms of this Term. In the event of a conflict between the English version of this Term and a version in a language other than English, the English version shall prevail.
10.11 No Waiver. 2C2P’s failure or delay to act with respect to a breach by you or others does not waive 2C2P’s right to act with respect to such breach or any subsequent or similar breaches.
10.12 Assumption of Rights. If 2C2P pays out a claim, reversal or chargeback that you file against a recipient of your payment, you agree that 2C2P assumes your rights against the recipient and the third party related to such payment and may pursue those rights directly or on your behalf, in 2C2P's sole discretion.
10.13 YOU AGREE THAT THIS TERM WILL BE EFFECTIVE TO ALL USERS AS OF JULY 1, 2016.
2C2P may amend this Term at any time by posting a revised version on 2C2P’s website. The revised version will be effective at the time 2C2P posted it. If the revised version includes any substantial change, 2C2P will provide you with a 30 days' prior notice of such substantial change by posting a notice on 2C2P’s website.
10.14 You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of easyBills Service.