Terms and Conditions

 

These Terms & Conditions (“Terms”) govern your access to and use of the services provided by GCCH Management FZCO, a company duly incorporated under the laws of Dubai, UA, operating under the trade name “Aurea Via” (“Aurea Via”, “we”, “us”, or “our”).

By accessing or using our website and services, you agree to be bound by these Terms.

Article 1: Definitions

Company → GCCH Management FZCO, Payment service provider.

Aurea Via: the trade name under which GCCH Management FZCO operates.

Merchant: The party that can accept payments through Aurea Via payment orders based on an Agreement between Aurea Via and Merchant.

User: The party that can make payments to merchants through Aurea Via.

Agreement: The agreement between Aurea Via and Merchant, as amended from time to time, and any attachments, including those regarding the account, to which these General Terms and Conditions and any other general terms and conditions of Aurea Via apply. The General Terms and Conditions form an integral part of the Agreement.

Services: The services provided under the Agreement, whose functionality is described in the Agreement or other agreements between Aurea Via and Merchant, the General Terms and Conditions, and in the technical documentation provided by Aurea Via to Merchant.

Reserve: Funds held to mitigate financial risk.

Payment(s): The process whereby funds are transferred to Merchant in the context of the services provided and/ or products delivered by Merchant. These funds are collected by Merchant through the Aurea Via Services provided by Aurea Via or the process whereby funds are refunded to the User by and/or on behalf of Merchant.

CVV Code: Card Verification Value is a number printed on the back of a credit card or debit card.

Chargeback: The possibility for the User to dispute the transaction, causing the Financial Institution to reclaim the funds from Aurea Via or Merchant.

Financial Institution: A bank, credit card company, or a related company or institution that offers Payment Methods and has entered into an Agreement with AureaVia.

Force Majeure: Circumstances/events beyond the control and will of Aurea Via. Regardless of whether these circumstances or events were (un)foreseeable during the Agreement. Aurea Via cannot reasonably be held to fulfill the obligations under the Agreement in such situations. Force majeure includes, but is not limited to, the following circumstances or events: war, fire, labor disputes, strikes, government regulations and/or similar rules, non-compliance by suppliers, financial institutions, subcontractors, third parties, the non-functioning of (systems) of financial institutions and/or telecommunications services, and (attempts to) unauthorized access and/or unauthorized use of systems/networks and databases of Aurea Via/ Merchant/intermediaries and/or financial institutions on which Aurea Via or other parties depend. This also includes poorly performed work by others than Aurea Via or by engaged third parties.

Written: Written messages or email conversations.

Transaction(s): An order for Payment by a User to Merchant registered by Aurea Via.

 

Article 2: General Terms

1. The General Terms and Conditions apply to all Agreements and legal acts between Parties and remain applicable to the relationship between Merchant and Aurea Via even after the termination of the Agreement

2. The applicability of purchase or other General Terms and Conditions of Merchant is expressly excluded.

3. Deviations from and exceptions to the General Terms and Conditions are only valid if expressly accepted in writing by Aurea Via.

4. If one or more provisions are wholly or partially null and void or annulled, the remaining provisions of these General Terms and Conditions remain fully in force. Regarding the provisions that are null and void or annulled, Parties will consult each other to make a replacement arrangement. The aim is that the Agreement (or part provision) remains in force.

5. Aurea Via strives to keep the Aurea Via Services available but does not guarantee full and permanent availability of these services.

6. In case of conflict between one or more provisions of the General Terms and Conditions and the provisions in the Agreement, the provisions of the Agreement prevail.

7. Entering into the Cooperation Agreement with Aurea Via does not release Merchant from its own responsibility for PCI DSS compliance. The merchant is responsible and obliged to ensure that cardholder data (CHD) and card data environment (CDE) are secure.

8. Mentioned prices are exclusive of VAT.

9. Before Merchant can be accepted, Aurea Via conducts a screening of Merchant, representatives, and ultimate beneficiaries. Aurea Via will investigate the data of the Merchant, representatives, ultimate beneficiaries, and websites of the Merchant.

10. To enter into the Agreement, Merchant provides the requested data and signs the Agreement. The Agreement is concluded when Aurea Via electronically confirms that the Agreement has been concluded.

11. The Agreement is entered into for an indefinite period unless otherwise agreed in writing.

12. If there is a contract for a definite period, Aurea Via may apply modified conditions for the new agreement after the end of this contract period.

13. To cover the risks that Aurea Via and its partners face (for example, but not limited to; received or expected fines, an incurred or expected negative balance, and reversed payments), Aurea Via has the right to establish a security deposit at any time. A security deposit can be established by, for example, but not limited to, freezing part of the amount of the payment account, holding a fixed amount, establishing a security deposit, or any other option approved by Aurea Via. The amount and duration of the security deposit are determined by Aurea Via. The funds held in this way are expressly not intended to facilitate the regular business activities of Merchant. Aurea Via will return the security deposit to Merchant, after deducting amounts owed by Merchant to Financial Institutions, Users, and Aurea Via and the owed costs, no later than 12 months after the termination date of the Agreement. Aurea Via is not liable to pay interest to Merchant regarding the holding of the security deposit.

14. Aurea Via has the right to suspend work, services, and other obligations if and to the extent that Merchant owes an amount to Aurea Via and this amount has not been paid by Merchant on time. Suspension can take place until the full amount owed is paid. The suspension on the part of Aurea Via does not affect the ongoing payment obligations of Merchant.

15. As part of the contracted payment services between Merchant and Aurea Via, Aurea Via has the authority at its discretion to select and/or change (other) processing or acquiring providers to optimize payment services, improve services, or for any other reason.

Aurea Via provides payment processing and related services, including but not limited to transaction processing, settlement facilitation, and fraud management tools. In certain cases, GCCH Management FZCO may act as the Merchant of Record for transactions processed through the platform.

 

Article 3: Termination

1. Aurea Via can terminate the Agreement in writing at any time with a notice period of one week.

2. Merchants can terminate the Agreement at any time using the email address provided when entering into the Agreement, following the instructions of Aurea Via, unless otherwise specified in these General Terms and Conditions or elsewhere in the Agreement. Receipt of this termination must be confirmed in writing by Aurea Via.

3. Each of the Parties is entitled to terminate the Agreement in whole or in part with immediate effect after prior written notice of default, whereby the other Party is given a reasonable period to properly fulfill its obligations under the Agreement, if the other Party fails to fulfill its obligations within the specified reasonable period.

4. Aurea Via is authorized to terminate the Agreement with immediate effect if:

o There is bankruptcy, suspension of payments, guardianship, death of Merchant, administration of Merchant’s assets, and if a statutory debt restructuring scheme applies to Merchant or if an application has been submitted for one of these schemes;

o The creditworthiness or payment behavior of Merchant is risky;

o Merchant does not (timely) fulfill the obligations under the Agreement;

o Merchant’s business is liquidated or terminated, other than for the purpose of reconstruction or merger of businesses;

o The Aurea Via Services are used by Merchant for offering goods whose existence, offering, trading, possession, or use is punishable, or is contrary to applicable (international) laws and regulations or the policy of Aurea Via or the relevant Financial Institution;

o The offered products and/or business operations of Merchant no longer meet the requirements of Aurea Via;

o Merchant acts in violation of the acceptance and monitoring policy of Aurea Via (as amended from time to time); There is no proper complaints procedure at Merchant; Merchant is negligent in providing relevant information and/or deliberately provides incorrect or not timely all necessary information, including compliance with sanction rules, the Anti-Money Laundering and Terrorist Financing Act (Wwft), and the Financial Supervision Act;

o Merchant is negligent or fails to provide all mandatory information on the website at the request of Aurea Via;

o Use of personal data in violation of applicable privacy legislation, including but not limited to the General Data Protection Regulation (GDPR), or if customers are insufficiently informed as intended in the GDPR;

o Merchant misleads customers, Aurea Via, Financial Institutions, third parties, or other parties;

o Merchant accepts and/or sends a fraudulent, illegal, or unauthorized Transaction(s), or Transaction(s) that is/are not the result of an action between the Merchant and the User;

o The actions or omissions of Merchant may be harmful to the image and/or brand of Aurea Via;

o Aurea Via has received an instruction from a competent supervisor or if this follows from a court ruling.

o Aurea Via is entitled to impose a directly payable fine in addition to the immediate termination of the Agreement by Aurea Via without further notice of default, equal to the fines or fees, such as Chargebacks, that Aurea Via must pay to third parties, such as Financial Institutions, in connection with the Agreement.

From the termination of the Agreement, Merchant’s right to use the Aurea Via account and the Aurea Via Services expires, and all fees are immediately payable by Aurea Via.

 

Article 4: Payments after Termination

 

1. Aurea Via will refund any credit on the Aurea Via account, reduced by all amounts owed by Merchant to Aurea Via, after the date on which the Agreement has ended.

2. Fees invoiced before the termination in connection with what Aurea Via has already properly performed or delivered under the Agreement remain payable and become immediately due upon termination of the Agreement.

3. Ongoing Transactions at the time of termination of the Agreement will be settled as much as possible. If a Merchant owes a fee for these Transactions, it will be offset against the amount to be paid out under the Transaction. If this is not sufficient or if no offset can take place, this fee is immediately due and payable.

4. Upon termination of the Agreement, Aurea Via may establish and maintain a security deposit based on a risk analysis for ongoing risks.

Article 5: System use

 

1. The Aurea Via account is intended exclusively for business use and may only be used for providing payment orders to Aurea Via for the benefit of Merchant or other Users.

2. Aurea Via will strive to ensure that merchants can use the Aurea Via account 7 days a week and 24 hours a day but cannot guarantee this. Aurea Via is authorized to suspend the use of the relevant services in whole or in part in case of maintenance and management work, security incidents, malfunctions, or other special circumstances.

3. Aurea Via is not obliged to inform Merchant when software/interface is updated/changed and these adjustments do not affect services as such and Merchant does not experience any inconvenience if the integration/implementation is carried out correctly and according to the manual and instructions.

4. Aurea Via accepts no liability for any harmful consequences of a temporary suspension.

5. Aurea Via is authorized to set limits on the use of the account, including the minimum and maximum balance of the account, minimum and maximum amounts with which the account can be topped up through transfers, and the minimum and maximum amounts for which Aurea Via payments.

6. Aurea Via can set additional conditions for the use of specific payment methods. These must be accepted by Merchant through agreement on additional agreements. Aurea Via assesses whether merchants can use these payment methods.

7. Aurea Via is authorized to change/add settings and usage options. Aurea Via will inform Merchant about such changes.

8. The Aurea Via account and the balance on the account are not transferable. If Merchant wishes to transfer the Agreement, this is only allowed after prior written permission and possibly additional conditions from Aurea Via.

9. Based on the Wwft, Aurea Via has the obligation to continuously monitor business relationships. Aurea Via can request data from Merchant at any time in connection with the implementation of the Wwft by Aurea Via.

 

Article 6: Security, Fraud, and Establishing Security Deposit

 

1. Aurea Via may set additional conditions for the use of specific payment methods. These must be accepted by Merchant through agreement on additional agreements and/or an appendix to the Agreement. Aurea Via assesses whether merchants can use these payment methods.

2. Merchant has acknowledged the (fraud) risks associated with the use of the payment methods offered by Aurea Via. Aurea Via tries to limit these risks for merchants but is not liable if these risks occur. In case of communication via the Aurea Via website, information is deemed to have reached Merchant within 2 days after it has been made available or published on the Aurea Via website.

3. Aurea Via can disable payment methods at any time, including in connection with complaints/ Chargebacks, risks, and/or changes in laws and regulations.

4. Aurea Via can establish a security deposit.

5. Aurea Via can require merchants to remove websites from the Aurea Via account and/or remove items from websites. If this is not done or not done in time, Aurea Via may decide to temporarily block the Aurea Via account or terminate the Agreement. Aurea Via is not liable for any damage suffered.

6. Aurea Via is obliged, on behalf of Financial Institutions, police, public prosecutor’s office, or holders of certified payment methods, or in specific situations at its own discretion (for example, in case of (suspected) fraud, violation of the Wwft), to suspend payments to Merchant and/or temporarily block the Aurea Via account, terminate the Agreement, and/ or release data. Aurea Via is not liable for any damage suffered.

 

Article 7: Obligations of the merchant

 

1. The obligations and responsibilities assumed by Merchant apply to the legal entity, its directors, employees, or other representatives. It is the obligation of Merchant to ensure compliance by its employees, directors, commissioners, and representatives with the conditions of the Agreement.

2. Third parties may not use the Aurea Via Services (including via the Aurea Via account)of Merchant. Third parties must be referred directly to Aurea Via.

3. Reasonable regulations and instructions from Aurea Via must be followed. Timely cooperation and provision of relevant data and/or information for the (execution of the) Agreement must also be provided.

4. Merchants must ensure that the information provided/ to be provided is correct, complete, and obtained/processed lawfully.

5. Merchants must ensure that the Transactions carried out via Aurea Via comply with or are concluded in accordance with the applicable laws and regulations. Transaction information must always be protected from exposure to others and may only be stored for record-keeping purposes. The CVV code must never be stored.

6. A merchant is responsible for following the applicable rules and regulations of the Payment Methods they use. Otherwise, merchants may be subject to additional fees, fines, or sanctions from the Payment Methods they use. This may also lead to the termination of the services of the specific Payment Method.

7. Merchant is the rightful owner of the domain name(s) of websites linked to Aurea Via.

8. Merchant is responsible for connecting websites to the Aurea Via portal. Merchant is and remains responsible for the security and functioning of the websites during the term of the Agreement

9. Merchant guarantees that goods/services offered/traded or possessed are not punishable and/or contrary to applicable laws and regulations and/or contrary to the acceptance policy of Aurea Via.

10. Merchant guarantees that it does not process illegal, fraudulent, or unauthorized Transactions (if Merchant is aware or should be aware that these Transactions are illegal, fraudulent, or unauthorized), in compliance with the laws applicable to Merchant, the User, and Aurea Via.

11. Merchant guarantees that Transactions returned by the Financial Institution due to a dispute are not re-submitted. Merchant will also not submit a Transaction that has already been submitted, represents a debt, or has been marked as uncollectible.

12. Merchants may not offer cash or products against purchase transactions.

13. VAT and other surcharges added to a transaction on top of the purchase price must comply with European law.

14. Merchants must respond to emails from Users and Aurea Via within 2 working days. Merchant is

15. responsible for handling messages and complaints from Users.

16. Merchants or its employees must not engage in activities that could lead to reputational damage or brand damage to Aurea Via.

17. Merchants must have an appropriate complaints procedure.

18. Merchants may not make modifications/edits to the Aurea Via platform or make a copy of it.

19. Merchants must notify Aurea Via if new URLs are added to the account. The URL will be assessed based on the acceptance policy and applicable laws and regulations.

20. The Merchant agrees to indemnify and hold harmless GCCH Management FZCO and Aurea Via from any claims arising from the Merchant’s activities, products, or services.

 

Article 8: Data of Merchant

 

1. Merchant guarantees the accuracy and completeness of the data provided to Aurea Via (including name/address/residence and all other data provided in the context of the Wwft). The merchant will inform Aurea Via in advance if possible and otherwise within two working days if the data provided to Aurea Via changes. Aurea Via is authorized at any time during the term of the Agreement to request additional information for the implementation of laws and regulations and the internal policies of Aurea Via. The merchant is obliged to provide the requested information at the request of Aurea Via.

2. At the first request of Aurea Via, Merchant will send Aurea Via a copy of an identification document (such as a passport or driver’s license) of the authorized representatives and/or ultimate beneficiaries.

3. Merchant is obliged to inform Aurea Via of any changes in business status, business structure, services, or other changes, including the use of services from external service providers and any changes therein.

4. Aurea Via will handle the data provided by Merchant carefully. In case of loss/theft or other forms of unlawful use, Merchant will be notified immediately.

5. The data registered by Aurea Via, or by third parties engaged by it, for the use of the Aurea Via account, including the provision of Aurea Via payment orders, use of security data, and the provision of usage settings, received documents, constitutes full proof against Merchant, unless counter-evidence is provided by Merchant

 

Article 9: Communication

 

1. Communication between Merchant and Aurea Via regarding the Aurea Via Services and the Agreement must take place in accordance with the Agreement, including the General Terms and Conditions of Aurea Via.

2. In case of communication by email, Aurea Via addresses its emails to Merchant exclusively to the provided email address. Emails sent to this address are deemed to have been received by Merchant no later than 2 days after dispatch by Aurea Via.

3. In case of communication via the Aurea Via website, information is deemed to have reached Merchant within 2 days after it has been made available or published on the Aurea Via website.

 

 

Article 10: Manual and Instructions

 

1. Aurea Via may provide instructions and requirements regarding, among other things, the opening and use of an Aurea Via account. Instructions and requirements may also be set for transferring to the Aurea Via account, verifying the bank account number of Merchant, and terminating the Aurea Via account, use of security data, and User settings, and all other subjects related to the Aurea Via account.

2. A merchant is obliged to carefully comply with the instructions and requirements established by Aurea Via.

3. Aurea Via is authorized to change the instructions and requirements and will inform Merchant about such changes, or allow Merchant to become aware of them via the Aurea Via website.

 

Article 11: Chargebacks and Refunds

 

1. A Chargeback can be reclaimed up to 2 years after payment. Aurea Via is never responsible and liable, both legally and financially, for the non-payment of a User for the purchased products and/or services, or the costs that Merchant must incur to claim the funds from the User.

2. Merchant indemnifies Aurea Via for all direct and indirect costs and liability arising from a Chargeback/ retrieval, regardless of its accuracy.

3. Aurea Via is authorized to offset a Chargeback from a certain period with the payout owed to Merchant by Aurea Via or to recover it through a collection procedure. Aurea Via has the right to claim this Chargeback from Merchant at any time if the funds of Merchant are insufficient to offset the Chargeback, this can also be done through a collection procedure.

4. If Merchant repeatedly faces Chargebacks, Merchant may be included in a special Chargeback program established by Financial Institutions. Aurea Via may also decide to disable the relevant payment method. Costs related to Chargebacks will be passed on to Merchants. If this occurs for Payment Methods where Merchant uses Aurea Via’s contracts, Aurea Via will inform Merchant as soon as possible. If Merchant has a direct Agreement with the Financial Institution, Merchant is responsible for receiving and complying with messages from the Financial Institution regarding Chargebacks. If a Merchant has many Chargebacks, a Financial Institution may impose a fine on the Merchant. Aurea Via can always pass on fines and costs charged by Financial Institutions to Aurea Via in relation to Chargebacks of Transactions made on behalf of Merchant. If the Financial Institution terminates Merchant’s Connection Number, Merchant cannot hold Aurea Via liable.

5. Merchant pays the fee as agreed in or based on the Agreement for administration costs for Chargeback(s) and revoked payments.

 

Article 12: Complaints Procedure

 

1. Merchant must clearly state on the website that Users should contact the Merchant in case of complaints and not Aurea Via. The Merchant is responsible for handling complaints.

2. If a User submits a written complaint to Aurea Via, Aurea Via will contact the Merchant via email.

3. Once contact between Aurea Via and the Merchant has been established, the Merchant must contact the User within 2 working days to resolve the complaint. The Merchant must inform Aurea Via about the handling of the complaint and must resolve the complaint within 14 days.

4. After two working days, Aurea Via may contact the User to inquire about the status of the complaint.

5. If the Merchant has handled the complaint correctly, according to Aurea Via, the complaint will be closed.

6. If a complaint concerns the ‘non-delivery’ of a product and the Merchant disputes the delivery, the Merchant is required to provide proof of shipment or additional documentation. If this is not possible, the User will be irrevocably deemed correct.

7. In the case of an unresolved complaint, Aurea Via will contact the Merchant again and remind the Merchant of the obligation to resolve the complaint within 14 days. During this period, the payout to the Merchant’s bank account will be suspended as a precautionary measure (assessment per individual Merchant). The Merchant has the choice to deliver the product or refund the amount to the User.

8. If the Merchant has handled the complaint correctly, according to Aurea Via, the complaint will be closed. The Merchant will again be able to access the funds and pay out to their own account (assessment per individual Merchant). If the complaint is not resolved within the stipulated period of 14 days, Aurea Via will contact the User to inquire about the handling of the complaint. If the complaint is resolved according to the User, the complaints procedure will be closed.

9. If the Merchant has not resolved the complaint and the User has never received the product, the account and payout will be closed as a last resort. The amount owed by the Merchant to the User can, if sufficient, be transferred from the balance on the Merchant’s account to the User.

10. Before Aurea Via pays out any funds to the User, the User is required to file a complaint against the Merchant.

11. Aurea Via is not responsible and/or liable for reimbursing and/or refunding amounts owed by the Merchant.

12. If Aurea Via conducts an investigation into complaints about the actions of a Merchant, Aurea Via may charge the Merchant for administrative costs incurred.

 

Article 13: Copyright

 

1. The Merchant acknowledges that trademark, license, and copyright may apply to products, texts, and images on websites. The Merchant is aware of the applicable laws and regulations in this regard, has taken measures to comply with these laws and regulations, and does everything within its power to prevent violations of these laws and regulations.

2. If necessary, the Merchant can prove within 24 hours at the request of Aurea Via that the laws and regulations regarding license, copyright, and trademark are respected. This proof can consist of invoices from suppliers or statements from license holders.

 

Article 14: Limitation of Liability

To the maximum extent permitted by applicable law, GCCH Management FZCO, operating under the trade name “Aurea Via” (“Aurea Via”, “we”, “us”, or “our”), shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of business, loss of data, or loss of goodwill, arising out of or in connection with the use of, or inability to use, the Services, whether based in contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.

Without limiting the foregoing, GCCH Management FZCO shall not be liable for:

1. Any losses resulting from unauthorized access to or use of your account;

2. Any interruption, delay, or failure in the Services caused by third-party providers, payment networks, financial institutions, or force majeure events;

3. Any losses arising from chargebacks, fraud, or disputed transactions;

4. Any actions taken by GCCH Management FZCO in accordance with its risk management, compliance, or legal obligations, including the suspension, restriction, or termination of Services or withholding of funds.

To the fullest extent permitted by law, the total aggregate liability of GCCH Management FZCO arising out of or relating to these Terms or the Services shall not exceed the total fees paid by you to GCCH Management FZCO in the three (3) months preceding the event giving rise to the claim.

Nothing in these Terms shall exclude or limit liability for fraud, willful misconduct, or any liability that cannot be excluded or limited under applicable law.