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This schedule 7 applies only if you use a virtual terminal.
In case any of the bold terms are unfamiliar to you, a comprehensive glossary is available for reference here. The glossary provides explanations and definitions for better understanding of the terms used throughout the schedules.
1. SCOPE OF THE SERVICE
1.1. The scope of the VT services does not include any of the following:
1.1.1. Providing hardware or software.
1.1.2. Providing a connection between, and transferring information and data between, you and the cardholder.
1.1.3. Transmitting information and data through third‑party telecommunications networks, or the flow of information and data over the internet (we have no influence over this and accept no responsibility for its availability or reliability).
2. YOUR OBLIGATIONS
2.1. You must:
2.1.1. give us all the information we need to provide the VT services; and
2.1.2. have internet‑compatible hardware and software, an internet connection and equipment that enables you to use the VT services.
3. OWNERSHIP AND USE OF A VIRTUAL TERMINAL
3.1. We or our licensors (as appropriate) own, and have all rights to and interests in, any technology that is provided with the VT services, and any of our (or our licensors’) trademarks or service marks. You have no ownership of, right to or interest in that technology or those trademarks or service marks, except for any right specifically granted to you in the agreement.
3.2. You must not reproduce, copy, sell, resell or misuse any portion of the VT services without our permission in writing. You must not use the VT services in a way that is not allowed under any applicable laws, and you must keep to all the terms of the agreement.
3.3. Without affecting clause 3.2, you must not do any of the following:
3.3.1. Use the VT services, or allow them to be used, for any abusive purpose or in any way that damages our systems or interferes with or disrupts other users.
3.3.2. Try to circumvent (bypass) authentication or security measures of any host, system or account (also known as cracking or hacking), including:
3.3.2.1. accessing information or data not intended for you;
3.3.2.2. logging in to a server or account that you are not specifically authorised to access; and
3.3.2.3. testing the security of other networks.
3.3.3. Try to interfere with the service provided to any user, host or computer system (denial of service attacks), including:
3.3.3.1. flooding networks;
3.3.3.2. deliberate attempts to overload a service; and
3.3.3.3. attempts to crash a host.
3.3.4. Use any kind of program, script or command to improperly interfere with a user’s session.
3.3.5. Send messages that are designed to improperly interfere with a user’s session.
3.3.6. Use the VT services in any way, or take any action, that will result in (or that we consider has resulted in):
3.3.6.1. excessive consumption or use of our systems or resources;
3.3.6.2. weakening our performance; or
3.3.6.3. reducing the performance of the VT services for other customers.
3.3.7. Give, sub‑licence or sell, or grant any form of security over, all or any part of the virtual terminal or any information, documents and records relating to transactions. You must prevent any third party, other than our agents, from using the virtual terminal (except as agreed by us in writing).
3.4. If we detect (or we consider that there may be) excessive or abusive use of the VT services, we may:
3.4.1. restrict your access to the VT services;
3.4.2. increase the fees for the VT services, including upgrading you to a higher class of service; and
3.4.3. end or suspend the VT services.
3.5. We can, at any time and without giving notice, restrict any use of the VT services that we believe breaks the agreement or any applicable laws.
3.6. You must co-operate with us in any fraud investigation and use any fraud-prevention measures we require. If you do not co-operate then we may suspend or end the VT services.
3.7. You must operate and maintain the virtual terminal in line with the terms of the agreement, the user guide provided with your virtual terminal (or as varied by us from time to time), and any other requirements that we tell you about from time to time.
3.8. Cards that you accept other than under the agreement may be used with our virtual terminal only if we agree to those cards in writing. We have no responsibility to reimburse you for the cost of transactions that are carried out or attempted with those other cards.
3.9. We may at any time:
3.9.1. inspect, test, remove, replace, alter or update the virtual terminal;
3.9.2. inspect any computer system, server or network that you use to communicate with us or with cardholders; and
3.9.3. make copies of any transaction data, wherever stored.
3.10. We can monitor or restrict any use of the VT services that we believe breaks this schedule 7, any other part of the agreement or any applicable laws. To protect our customers and systems, we may block and allow types of traffic as we see fit, at any time, without any liability to you.
4. NO WARRANTY
4.1. The VT services are provided on an ‘as is’ and ‘as available’ basis without warranties of any kind, except for any warranties that cannot be excluded by applicable laws.
4.2. The VT services are only available within the coverage area of our system, which can change. The service may be temporarily unavailable for scheduled or unscheduled maintenance, equipment modifications or upgrades, and for other reasons (whether or not within our control).
4.3. We cannot guarantee the security of data that is transmitted or stored using the VT services, or that viruses (and similar) with contaminating or destructive properties will be detected by the VT services.
4.4. This clause 4 will continue to apply after the agreement ends.
5. ACCEPTABLE USE POLICY
5.1. You must not do (or try to do), or enable or allow others to do (or try to do) any of the following:
5.1.1. Use the VT services to store, transmit or receive any material that infringes (breaks, limits or undermines) the intellectual property rights of any person.
5.1.2. Use the VT services to store, post or transmit material or information that:
5.1.2.1. is unlawful, harmful, threatening, abusive, harassing, obscene, indecent or otherwise distasteful;
5.1.2.2. could damage anyone’s reputation;
5.1.2.3. encourages conduct that would constitute a criminal offence;
5.1.2.4. gives rise to a civil liability; or
5.1.2.5. breaks any applicable laws.
5.1.3. Use the VT services to make fraudulent offers to sell or buy products or services, or to promote any type of financial scam (such as pyramid schemes, Ponzi schemes or chain letters). You must not use techniques to hide or obscure the source of any email or other communication.
5.1.4. Use the VT services to impersonate any person or organisation, make any untrue statement regarding your affiliation with any person or organisation, or create a false identity for the purpose of misleading others. You must not use invalid or forged headers, invalid or non‑existent domain names or other deceptive correspondence details.
5.1.5. Use the VT services to upload files or transmit any material that contains viruses (and similar), corrupted files or any code that has contaminating or destructive properties.
5.1.6. Use the VT services to store or collect personal information which is not allowed by applicable laws.
5.1.7. Use the VT services for illegal or improper activities. You must not enable or allow your hardware or software to be configured in a way that gives a third party the capability to use the VT services in any way which is prohibited by this clause 5.
5.1.8. Directly or indirectly reproduce or copy any portion of the VT services without our permission in writing.
5.1.9. Directly or indirectly sell, rent, lend, transfer, distribute or promise any portion of the VT services to anyone else without our permission in writing.
5.2. You must put sufficient procedures and checkpoints in place to meet your requirements for the accuracy of information and data, and for maintaining a way to reconstruct any lost information or data.
5.3.You are responsible for all content that you transmit or receive through the VT services, and are responsible for everyone’s use of your account.