One Click Checkout User Terms (Individuals)

These Terms govern the relationship between you ('Customer' / 'you' / 'your') and the relevant Airwallex entity referred to in clause 2 below ('Airwallex'/ 'us'/ 'we' / 'our') in relation to the One Click Checkout Service. The Customer and Airwallex will individually be referred to as a 'Party', and together, as 'Parties'.

Please read these Terms carefully and contact us if anything is unclear. Refer to clause 15 for a list of the definitions used in these Terms.

Please also read the following additional documents which also apply to your use of the One Click Checkout Service and which should be read together with these Terms:

• Acceptable Use Policy;
• Global Privacy Policy; and
• any other terms referenced in these Terms.

If we need to send you information in a form that you can keep, we will either send you an email or provide information on our website. Please keep copies of all communications that we send to you.

Who we are. The Airwallex entity that you are contracting with, and that is responsible for providing the One Click Checkout Service to you, depends on the country in which you are resident when you use the One Click Checkout Service, as follows:

1. if you are resident in the United Kingdom, you are contracting with Airwallex (UK) Limited, with registered number 10103420 and principle place of business at Wells and More, 45 Mortimer Street, London W1W 8HJ;
2. if you are resident in the European Union or European Economic Area, you are contracting with Airwallex (Netherlands) B.V., with registered number 77519256 and principle pace of business at Keizersgracht 125-127, 1015 CJ Amsterdam, Netherlands;
3. if you are resident in the United States, you are contracting with Airwallex US, LLC, a limited liability company incorporated in the State of Delaware with registered number 7083651 and principal place of business at 188 Spear St., 9th Floor, San Francisco, CA 94105;
4. if you are resident in Australia, you are contracting with Airwallex Pty Ltd (ABN 37 609 653 312) with principle place of business at Level 7, 15 William Street, Melbourne, VIC 3000, Australia;
5. if you are resident in Hong Kong, you are contracting with Airwallex (Hong Kong) Ltd with registered number 2341692 and principle place of business at 34/F, Oxford House, Taikoo Place, 979 King's Road, Quarry Bay, Hong Kong;
6. if you are resident in Malaysia, you are contracting with Airwallex (Malaysia) Sdn. Bhd. with company number 201801007747 (1269761-X) and principal place of business at Unit 8.01, Level 8, Mercu 3, No. 3 Jalan Bangsar, KL Eco City, 59200 Kuala Lumpur, Malaysia;
7. if you are resident in Canada, you are contracting with Airwallex (Canada) International Payments Limited with company number BC1211827 and principal place of business at 1 University Ave, 12th Floor, Toronto, ON M5J 2P1, Canada;
8. if you are resident in Israel, you are contracting with Airwallex (Israel) Ltd with company number 516851961 and principal place of business at 3 Aluf Kalman Magen, Tel Aviv, 6107075, WeWork, Israel;
9. if you are resident in New Zealand, you are contracting with Airwallex (New Zealand) Limited with company number 8151714 and principal place of business at Suite 303, Floor 3, 87 Albert Street, Auckland Central, Auckland, 1010, New Zealand;
10. if you are resident in any other location not listed in (a) to (i) above, you are contracting with Airwallex (Singapore) Pte. Ltd. with registered number 201626561Z and principle place of business at #20-01, Guoco Tower, 1 Wallich Street, Singapore 078881.

If your country of residence changes in such a way that a different sub-clause (a)-(j) above applies to you, the Airwallex entity you are contracting with (as set out above) will also change accordingly. You must notify us as soon as reasonably possible if your country of residence changes. Please note that the list of contracting entities and their corporate details may be updated from time to time. For the most current information, including an up-to-date list of contracting entities, please refer to https://www.airi.com/contracting-entity.

Our use of Affiliates and Third Parties. We may engage other Airwallex entities (i.e., affiliates) and third parties to assist in delivering parts of the One Click Checkout Service to you and fulfilling our obligations. In such cases, we may share information, including your OCC Information, with these parties as needed and in line with our Privacy Policy. Third parties may also offer the One Click Checkout Service under their own branding. However, these Terms will always govern the provision of the One Click Checkout Service and Airwallex (i.e., the entity described in clause 2.1 above) remains the entity that you are contracting with and is solely responsible for the provision of the One Click Checkout Service.

How to contact us. You can contact us by

1. emailing us at: [email protected];
2. sending mail to us at the relevant address accessible at https://www.airi.com/contracting-entity; or
3. sending us a message through the contact links on our website: www.airwallex.com.

How we will contact you. We will contact you, using the contact details you provide to us from time to time, via one of the ways described below or by any other reasonable means of communication:

1. registered or certified first-class mail, return receipt requested;
2. the Airwallex Portal; and/or
3. email.

Please keep your contact details up to date and notify us of any changes, otherwise you may not receive our communications.

Agreement to provide the One Click Checkout Service. In consideration of you using the One Click Checkout Service and performing your responsibilities under these Terms, we will provide the One Click Checkout Service to you.

Description of the One Click Checkout Service. The "One Click Checkout Service" will be referred to as 'Airi' and is a functionality that enables you to share and store payment and related information with us when making a purchase on a participating Merchant's e-commerce platform, and then to pay for future purchases from any participating Merchants on a one-click basis by permitting us or our Affiliates to use your stored payment and related information for those future purchases. The information that you share and allow us to store and use in this way includes:

1. the following information that you provide directly to us, including via your use of the One Click Checkout Service: your name, contact details (such as phone number and email address), payment card details (such as PAN, expiry date and CVV), shipping and billing addresses and alternative or additional information as required by us from time to time (together, 'OCC Payment Information'); and
2. the following information (and further information as agreed between us and Merchants from time to time) relating to you and your purchases that participating Merchants may share with us in accordance with the terms and arrangements in place between you and the relevant Merchants: your name, email address, phone number, shipping address and (if applicable) billing address ('OCC Ancillary Information').

Together, we refer to the above information as your "OCC Information".

How we provide the One Click Checkout Service. When you first use the One Click Checkout Service while making a purchase from a participating Merchant, you will be invited, as part of the online checkout process, to enter and save your OCC Payment Information using an Airwallex webpage or element (e.g., textbox) on the Merchant's webpage. You may also provide OCC Ancillary Information to the Merchant as part of your purchase journey and, where the Merchant offers this functionality, the Merchant may share that OCC Ancillary Information with us. We may also share OCC Ancillary Information with Merchants to facilitate their completion of a transaction with you. When you make future purchases from any Merchant that facilitates the One Click Checkout Service, you will be permitted to checkout by using the One Click Checkout Service. We will then allow you to checkout without entering certain payment and related (e.g., shipping) details; this involves us pre-populating your saved OCC Information on the Merchant's checkout page. We may use cookies to recognize and authenticate you for these purposes, as further detailed in our Global Privacy Policy.

Airwallex Portal. A copy of your OCC Information will be accessible on the Airwallex Portal. You can login to the Airwallex Portal to add, remove and amend your OCC Information and access other information regarding the One Click Checkout Service and your use of it. Third parties may also make this portal available under their own branding.

Default Payment Method. The payment method (e.g., card details) that you use to make a purchase via the One Click Checkout Service may become your default payment method for the next purchase you make using the One Click Checkout Service, however you can change your default payment method via the Airwallex Portal.

Backup Payment Method. Where your default payment method is unavailable or unsuccessful when making a purchase (e.g., because your card type is not accepted by the Merchant), the One Click Checkout Service may revert to any of the other payment methods you have previously used or that you have added via the Airwallex Portal. If you do not wish for any backup payment methods to be used, or you wish to update your backup payment settings, please visit the Airwallex Portal where you can make those adjustments.

Limits to Service. Except for the commitments we make in these Terms (including clauses 3.1 to 3.3 above) and subject to any rights or conditions implied by applicable law, we do not make any commitments or promises to you about the One Click Checkout Service. This does not affect your statutory rights.

We may make a change to these Terms and/or the One Click Checkout Service from time to time, including for any of the following reasons:

1. where reasonably necessary because of a change in or to ensure or enable compliance with applicable law or the Network Rules; for example, we may have to change our security requirements to meet new, higher standards set under applicable law;
2. if we are no longer able to provide some or all of our services (including the One Click Checkout Service) under applicable law or the Network Rules;
3. if the change benefits you; for example, by implementing updated or additional functionality or otherwise improving the One Click Checkout Service;
4. where reasonably necessary to reflect changes in the underlying technology or payments infrastructure on which we rely (including the systems and third-party providers we use);
5. in response to possible risks to the security of the One Click Checkout Service, for example by changing the security steps you need to follow; or
6. where reasonably necessary to respond to any other change that affects us, provided that it is reasonable to pass on the effects of the change to you (for example to reflect developments in digital payments).

In the event of any change to these Terms and/or the One Click Checkout Service:

1. (except in the circumstances described in clause 4.3) we will tell you about a change to these Terms at least two months before it takes effect; and
2. if you do not accept the change, you can terminate these Terms (without charge) by notifying us before the change takes effect; or
3. if you do not object to the change as above, we will take that as your acceptance of the change.

If a change relates to updated or additional functionality, or if we reasonably consider it necessary to implement any of the changes referred to in clause 4.1 immediately, or on less than two months' notice to you, we may do so. In such cases, we will notify you of the change as soon as reasonably practicable.

We will take steps to secure your information. While we will take reasonable steps to protect the security of the OCC Information, we cannot guarantee that your OCC Information will remain secure, including because there may be vulnerabilities in the websites of Merchants that you make purchases from (using the One Click Checkout Service).

You should also take steps to secure your information and Airwallex Portal account. You should take steps to protect the security of your OCC Information and any login or access details to the Airwallex Portal, including by using up-to-date antivirus software, keeping passwords secure and not sharing or permitting any other person to access your OCC Information or account on the Airwallex Portal.

Contact us if you suspect your OCC Information or Airwallex Portal account may be compromised. You should contact us as soon as possible if you suspect that your OCC Information or account on the Airwallex Portal may be compromised.

Customer confirmations. By accepting these Terms and using the One Click Checkout Service, you confirm that:

1. you are the rightful, legal holder of any payment instruments or accounts, the details of which you provide to us in connection with the One Click Checkout Service;
2. you are 18 years of age or older;
3. you are not acting in the course of a business or profession when using the One Click Checkout Service;
4. where we require you to receive SMS messages for authentication purposes when signing into the Airwallex Portal or utilizing the One Click Checkout Service, you understand that standard carrier charges may apply to those messages (we will not charge you for receipt of those messages); and
5. you are not a person that is listed on any sanctions list drawn up by the United Nations, European Union, United Kingdom, United States or other country from time to time (for example, the Consolidated List of Financial Sanctions Targets in the United Kingdom maintained by HM Treasury).

Customer responsibilities. You will:

1. comply with these Terms and all applicable laws regarding your use of the One Click Checkout Service;
2. provide only truthful, accurate and complete information to us, including all OCC Information;
3. only share and use OCC Information as part of the One Click Checkout Service, that you are authorized to use;
4. not use the One Click Checkout Service to purchase any products, services or other things that are unlawful for you to purchase, or in any way that breaches or circumvents applicable laws; and
5. not deliberately, knowingly or recklessly cause viruses or other malicious code to interfere with the One Click Checkout Service, or take any action to compromise, circumvent or interfere with the security features of the One Click Checkout Service.

We are not responsible for your purchases. We are not a party to any agreement you make with a Merchant to purchase a product or service, and we are not responsible for fulfilling those purchases. Please contact the Merchant for any issues relating to your purchase.

Airwallex Marks. All Airwallex Marks are the property of Airwallex or its licensors. We reserve all Intellectual Property Rights in relation to the use of the Airwallex Marks. You may not use the Airwallex Marks or any similar marks without our prior written consent or that of our licensors.

Intellectual Property Rights in the One Click Checkout Service. Airwallex owns all Intellectual Property Rights in and to the One Click Checkout Service, including the Airwallex Portal and all technology, software, user interfaces and documentation, as improved or otherwise updated from time to time. We give you a limited, non-exclusive, licence (which you are not permitted to sub-licence or transfer to any other person) to use the One Click Checkout Service including the Airwallex Portal in accordance with these Terms.

Feedback. If you provide us with any comments, questions, ideas, suggestions or other feedback relating to the One Click Checkout Service ('Feedback'), we may freely use that Feedback in any way, including to improve the One Click Checkout Service or develop new products and services, without any payment to you.

Things we are not responsible for. Please note the following things which we do not accept responsibility for as part of the One Click Checkout Service:

1. the One Click Checkout Service is not a payment processing or payment initiation service, and we are not responsible under these Terms for the processing or initiation of payments, handling of funds or issuing of payment orders (including any related failure to complete any purchases); however, this does not affect any responsibilities we have to you under the applicable terms and conditions for any other services that we provide to you;
2. we are not responsible for the completeness or accuracy of any information that you provide to us (whether directly or via a Merchant), or that is provided to us by Merchants, in relation to the One Click Checkout Service;
3. while we take reasonable steps to ensure the availability of the One Click Checkout Service (including the Airwallex Portal) outside of standard maintenance windows, we do not guarantee that the One Click Checkout Service will be uninterrupted or available at any specific times or for any specific portion of time;
4. while we take reasonable steps to ensure the security of the Airwallex Portal and your OCC Information while you use the One Click Checkout Service, sharing data over the internet carries risks and we cannot guarantee the security of the Airwallex Portal or your OCC Information; and
5. we do not guarantee that the One Click Checkout Service will be error-free, although we will take reasonable steps to resolve any significant errors once we become aware of them.

Liability that is unlimited. Nothing in these Terms excludes or limits our or your liability where it would be unlawful to do so, or contrary to any other provision in these Terms. This includes our or your liability for:

1. death or personal injury resulting from a Party's negligence; or
2. fraud or fraudulent misrepresentation.

Cap on liability (i.e., a financial limit on the total amount(s) you can recover from us). If you suffer any loss for which we are liable to you under these Terms (whether for a breach of contract, a breach of statutory or other duty or on any other basis) and except where clause 9.1 applies, the total liability recoverable by you from us is limited to one hundred dollars ($100.00).

Liability that we specifically exclude (i.e., that you cannot recover from us). Except where clause 9.1 applies, we will not be liable to you for any of the following losses suffered by you or any other party, in relation to your use of the One Click Checkout Service:

1. any losses related to the non-completion of any payment you attempt to make where your OCC Information is incorrect, incomplete or out of date, or your use of the underlying card or account is blocked or not authorized or permitted by the relevant provider (including because you have insufficient funds available);
2. any losses caused by your breach of these Terms, or where you have acted fraudulently;
3. any losses caused by our breach of these Terms due to any abnormal or unforeseeable event outside our reasonable control (e.g., an act of terrorism, a significant weather-related event such as a major flood, a general internet or network outage, or an epidemic or pandemic) and despite us having taken reasonable precautions against such events;
4. any losses caused by our breach of these Terms where compliance with these Terms would put us in breach of applicable laws (e.g., where we have reasonable grounds to suspect that the One Click Checkout Service is being used for fraud); or
5. any other loss for which, or for the cause of which, we are not responsible for in accordance with these Terms (including as set out in the disclaimers at clause 8).

Unforeseeable Losses. Neither we nor you are liable to the other for any losses that are indirect or consequential (i.e., are not 'foreseeable'). Loss is 'foreseeable' if either it is obvious that it will happen or if, at the time these Terms are entered into both you and we are aware that it might occur.

The protection of Personal Data is very important to us. In addition to these Terms, our Global Privacy Policy explains how and for what purposes we collect, use, retain, disclose, and safeguard the Personal Data you provide to us. We may update our Global Privacy Policy from time to time in accordance with its terms.

Your right to terminate. You may terminate these Terms for any reason at any time, immediately upon providing notice to us in accordance with clause 2.3.

Our rights to terminate or suspend. We may terminate these Terms (and therefore, your access to and right to use the One Click Checkout Service) at any time, by providing notice to you at least two months in advance. In addition, we may immediately suspend your access to and right to use all or any part of the One Click Checkout Service, or terminate these Terms (and therefore, your access to and right to use the One Click Checkout Service), if:

1. we reasonably suspect criminal or fraudulent activity by you or someone acting on your behalf, whether in relation to the One Click Checkout Service or any other service that you procure from us or any of our affiliates;
2. we reasonably believe you are in breach of applicable law or about to breach an applicable law in connection with your use of the One Click Checkout Service or any other service that you procure from us or any of our affiliates;
3. we reasonably believe we are required to do so by applicable law or a regulatory body of competent jurisdiction;
4. you have seriously or repeatedly breached these Terms or seriously or repeatedly breached any applicable limits or restrictions set out in the Acceptable Use Policy;
5. you have given us significantly false or inaccurate information;
6. you have been placed on any national or international restricted or prohibited sanctions list, which prevents us from doing business with you;
7. you have been declared bankrupt or insolvent, placed under guardianship or are subject to any similar or equivalent event;
8. we suspend or cease to provide all, or part of, the One Click Checkout Service to all customers or to a particular customer segment (e.g., customers in a certain jurisdiction), including for legitimate security concerns; or
9. you do not use the One Click Checkout Service for twelve months.

End of Suspension. Where we exercise a right of suspension, we will remove the suspension as soon as reasonably practicable after the reasons for the suspension have ceased to exist.

Effect of termination. On termination of these Terms:

1. you will no longer be permitted to, and must immediately cease to, use the One Click Checkout Service;
2. we will delete your OCC Information in accordance with our Global Privacy Policy (including any time periods set out in the Global Privacy Policy, and subject to any right we have to retain OCC Information as set out in the Global Privacy Policy); and
3. any right, obligation or provision that has effect after termination will continue in full force and effect.

Please let us know if we have made a mistake or you feel that we have not met your expectations in the delivery of the One Click Checkout Service, using the details in clause 2.3. We have internal procedures for handling complaints and will seek to address your complaint where possible.

Assignment. You may not and cannot assign any claim you may have under these Terms, in whole or in part, or transfer your rights under these Terms without our prior written consent (which we will not unreasonably withhold or delay). Any attempt to do so will be void and also constitute a serious breach of these Terms for which we will be entitled to terminate. We may assign these Terms, in whole or in part, without your consent but will ensure that such assignment does not prejudice your rights under these Terms in any way.

Waiver. No failure or delay by a Party to exercise any right or remedy provided under these Terms or by law, or a single or partial exercise of such right or remedy, will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy.

Severability. If any provision of these Terms is determined to be invalid, unenforceable or illegal by any court of competent jurisdiction, it will be deemed to have been deleted without affecting the remaining provisions. If such provision would be valid, enforceable and legal if some part of it were modified or deleted, the provision will apply with the minimum modification necessary to make it legal, valid and enforceable.

Third party rights. These Terms are made specifically between and for the benefit of the Parties and are not intended to be for the benefit of, and will not be enforceable by, any person who is not named at the date of these Terms as a Party to them. Neither Party may declare itself a trustee of the rights under it for the benefit of any third party.

Languages. We will communicate with you in English. These Terms are made in the English language. They may be translated into other languages for convenience only, and in the event of any inconsistency, the English language version will prevail.

Governing Law. These Terms will be governed by and construed in accordance with the laws of the country in which the Airwallex entity you are contracting with is registered (as set out in clause 2.1, above), provided that you will still be entitled to any additional, mandatory consumer rights and protections that you are entitled to under the laws of the country in which you reside.

Disputes. If you have a complaint which is not resolved as set out in clause 12 above, or there is any other dispute between us, you can bring proceedings in the courts or to certain alternative resolution bodies. In the event of a dispute, we may also bring proceedings in courts of competent jurisdiction.

In these Terms, unless the context otherwise requires:

1. use of the singular includes the plural and vice versa;
2. a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time;
3. any phrase introduced by 'including', 'include', 'in particular', 'for example' or any similar expression is illustrative (i.e., non-exhaustive) only, and will not limit the meaning of the words that come before it;
4. references to the Parties will include any successors, permitted assignees or transferees; and
5. the word 'person' will be deemed to include a body corporate, partnership or unincorporated association.

In these Terms, the following definitions apply: