1. Introduction
Welcome to PandaPay! These Terms of Service (“Terms”) govern the use of PandaPay’s point-of-sale (“POS”) software, hardware, and related services (collectively, “Services”) provided by PandaPay Inc. (“PandaPay,” “we,” “our,” or “us”) to you, the merchant (“Merchant,” “you,” or “your”).
By using the Services, you agree to these Terms. If you do not agree, do not use the Services.
2. Services Provided
PandaPay provides Merchants with:
- POS software and hardware solutions
- Payment processing integrations via third-party processors
- Support, updates, and related services
We may update or modify the Services at any time.
3. Merchant Responsibilities
As a Merchant, you agree to:
- Use the Services only for lawful business purposes
- Provide accurate business and payment information
- Maintain all necessary licenses, permits, and compliance under local, provincial, state, or federal laws
- Ensure your staff use the Services in compliance with these Terms
- Keep login credentials confidential and secure
You are responsible for the actions of your employees and authorized users.
4. Payment Processing & PCI Compliance
PandaPay uses PCI DSS-certified third-party payment processors. While we facilitate integration, you:
- Complying with PCI DSS standards for handling, processing, and storing card data in your environment
- Maintaining secure physical and network environments (e.g., protecting POS terminals, passwords, and access points)
- Completing the annual PCI compliance questionnaire (such as the Self-Assessment Questionnaire, SAQ) as required by PandaPay or its partners, including third-party providers like SecureTrust
- Cooperating with any PCI compliance audits or validation processes when requested
PandaPay is not liable for payment disputes, chargebacks, or unauthorized transactions between you and your customers.
5. Fees and Payments
Fees for Services are as agreed in your separate merchant agreement or order form. PandaPay may adjust pricing with advance written notice as per your agreement terms. You are responsible for:
- Paying all fees on time
- Any applicable taxes or government charges
6. Data Protection and Privacy
PandaPay handles personal and payment data as outlined in our Privacy Policy.
You are responsible for:
- Informing your customers of how their data is collected and used at the point of sale
- Obtaining necessary consents from customers, where required (e.g., loyalty programs, marketing use)
7. Intellectual Property
PandaPay retains all ownership and intellectual property rights in the Services, including software, designs, and trademarks. You are granted a non-exclusive, non-transferable license to use the Services solely for your business operations.
8. Term and Termination
These Terms are effective as of the date you start using the Services and continue until terminated.
PandaPay or the Merchant may terminate use of the Services:
- With notice as defined in the merchant agreement
- Immediately, if the other party breaches material obligations or violates laws
Upon termination:
- You must cease using the Services and return any hardware if required
- Any outstanding fees remain payable
9. Disclaimers and Limitation of Liability
The Services are provided “as is” without warranties of any kind, express or implied.
To the maximum extent permitted by law:
- PandaPay is not liable for indirect, incidental, or consequential damages
- Our total liability to you is limited to the amount paid by you to PandaPay in the 12 months prior to the claim
10. Compliance with Laws
You agree to comply with all applicable laws, including:
- Privacy laws (e.g., PIPEDA, Quebec Law 25, CCPA, CPRA)
- Anti-money laundering (AML) and anti-fraud regulations
- Tax obligations and reporting
11. Governing Law
These Terms are governed by the laws of:
- Canada and the Province of Quebec if you are located in Canada
- The State of Delaware if you are located in the United States
12. Contact Information
For any questions, please contact:
16064043 Canada Inc.- DBA PandaPay
Email: support@pandapay.ca
Phone: 1-(877) 774-7121
Address: 3333 Boul Cavendish #400, Montréal, QC H4B 1N2
