This Sponsored Merchant Agreement comprises:
You must accept and comply with this Sponsored Merchant Agreement. If you do not, then you must not proceed to use the payment services.
As a sponsored merchant acquiring payment services from the Facilitator, you will have the ability to receive payments from customers of your products and services (customers) which are funded through credit or debit card facilities. In certain circumstances, the operators of those card schemes (for example, Visa International and MasterCard International and/or their affiliates) (Card Schemes) may require that you enter into a direct contractual relationship with the bank that acquires those transactions and which is a member of the schemes administered by those Card Schemes. The terms set out in this Part A (Acquirer Terms) are entered into pursuant to such requirements and create a tripartite contractual relationship between you, the Facilitator and Macquarie.
While these Acquirer Terms establish a direct contractual relationship between you and Macquarie, please note that they do not make Macquarie responsible for the payment services you receive, product and service support or any related services, which are supplied to you directly by the Facilitator and are governed by the Facilitator’s general terms and conditions (Facilitator Terms).
By supplying an application to us (through the Facilitator or otherwise) or submitting a transaction request to the Facilitator, you are deemed to have read, understood and accept the terms of this Sponsored Merchant Agreement and are making a standing offer to us to enter into it and comply fully with its terms. The Sponsored Merchant Agreement:
Without limiting the above, you acknowledge that we have no obligation to accept your standing offer as contemplated in paragraph (a), on-board you or (until we have accepted your application and completed our on-boarding process) settle any funds in respect of transactions submitted by you.
These Acquirer Terms will terminate at the same time as the Facilitator Terms under which you receive payment services from the Facilitator terminate. Also, we may terminate these Acquirer Terms:
You may terminate these Acquirer Terms by providing us 30 days' prior written notice of such termination.
If these Acquirer Terms are terminated, the Facilitator Terms are automatically terminated at the same time and you must immediately cease using the payment services from the effective time of such termination, provided that these Acquirer Terms will survive and continue to apply to you notwithstanding such termination. This will not prevent you from receiving payment services through the Facilitator through separate arrangements made by you with another member of the schemes administered by the Card Schemes.