Acceptable Use Policy
1. Access to the Service
1.1 Any company or person (a User) accessing, receiving or otherwise using any of MyGate’s services (the Services) is responsible for complying with all applicable laws, by-laws, regulations, rules or orders regarding such access, receipt or use of the Services.
1.2. The User also agrees to adhere to the terms of this Acceptable Use Policy, which may be amended from time to time by way of updating a revised version on MyGate’s website.
1.3. The User agrees that prior to commencing use of the Services You shall provide MyGate with details of Merchant’s Merchant Identification Number issued to You by the Acquiring Bank, unless the User is using the MyGate services to request this on your behalf.
1.4. The User agrees to a comply with all instructions and or notices in relation to the use of any Intellectual Property including but not limited to any trademark, brand name and or logo of MyGate.
2. Business requirements
2.1. Subject to paragraph 3 below, any User must at all times:
a) be a company registered within a country that the acquiring bank that you have taken merchants services from accepts.
b) be able to meet the appropriate regulatory criteria including but not limited to ability to documentation and or information needed to satisfy “Know Your Customer” and anti-money laundering review procedures;
c) have all necessary licences and authorisations in place in order to carry on its business;
e) comply with PCI Data Security Standard or such other fraud prevention standards as may be imposed by the Schemes from time to time;
f) hold a bank account in the same name as the entity that has entered into an agreement with MyGate for use of the Services.
3. Unacceptable business listing
3.1. The User agrees that it shall not use the Services (or allow the Services to be used) directly or indirectly for any of the following activities:
a) any activities contrary to any applicable laws, by-laws, regulations, rules or orders;
b) live streaming;
c) investment programmes or “Get Rich Quick” schemes;
d) businesses that employ cold-calling tactics, pressure sales or unsolicited outbound telemarketing;
e) multi-level marketing or pyramid selling;
f) uncoded gaming;
g) timeshares or property reservations (Off and On Plan);
h) the sale, promotion, distribution or marketing of any of the following:
i) products with unproven or doubtful efficacy (including but not limited to slimming pills and body enhancers);
j) tobacco or alcohol products;
k) drugs, chemicals, any form of controlled substances and or related paraphernalia;
l) weapons (including but not limited to guns, knives and ammunition);
m) items or materials that promote, encourage or facilitate illegal activity;
n) counterfeit products;
o) items which breach any third party intellectual property rights in any jurisdiction;
p) items incorporating proprietary rights (including but not limited to any intellectual property rights) belonging to third parties without full permission;
q) adult DVDs which do not hold a BBFC Rating of 18 or below (R18 material is not acceptable);
r) material which incites violence, hatred or racism or which are considered obscene;
s) escort agencies or massage parlours
t) third party processing;
u) payment aggregation;
v) reverse auctions or auction sites (not authorised by MyGate.net in writing);
w) politically affiliated or associated organisations (including but not limited to those listed on any sanction or other EU, UN or other similar list);
z) extended warranties, goods and services protection policies (other than regulated products and services).
3.2. The User agrees that it in making use of the Services it shall:
a) put in place adequate controls with regard to the sale of any age restricted products;
b) put in place adequate controls to ensure the payment for and or provision of the goods or services would not contravene applicable laws; and
c) put in place adequate controls to prevent the offering of goods and or services or the distribution of goods and or services to cardholders and or customer which would be in contravention of local laws.
4. Policy exceptions
4.1. Notwithstanding certain of the obligations set out in paragraphs 1 and 2 above, MyGate may (subject to MyGate’s prior written approval at its sole discretion and to any additional conditions that MyGate deems necessary to impose) offer Services to Users operating in the following industry sectors or using the following procedures:
a) travel (including tour operators, travel agents and weekend event organisers);
b) ticket sales (including resellers and corporate hospitality arrangers);
c) any business where payment may be made by the consumer in advance, including subscriptions and memberships; and/or
5. User notification
5.1. The User agrees that:
a) if it intends at any time after MyGate has approved the User for the Services to change the nature of the goods or services it offers via the Services or any of the activities it is engaged in, it shall notify MyGate of any such change and request MyGate’s approval prior to commencing the processing of card transactions related to such new goods, services or activities (as the case may be); and
b) it shall immediately notify MyGate of any changes to its organisational structure, including but not limited to changes of ownership, legal entity and change of bank details.
6.1. In addition to any rights granted to MyGate at law or under any separate agreements with the User, MyGate at its discretion suspend or cease to provide the Services immediately if the User commits a material breach of this Acceptable Use Policy (including but not limited to any failure to notify MyGate in accordance with paragraph 4 above).