TERMS & CONDITIONS
PLEASE READ THESE TERMS OF USE OF THE SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PAYWIZ SERVICES.
These Service Terms of Use (“Terms”) apply to your access to and use of the Websites, mobile applications and other online products and services (collectively, the “Services”) of GP GLOBAL SOLUTIONS S.A.C (hereinafter “PAYWIZ”) and its subsidiaries and associated companies (“Company” or “we”). These Conditions do not alter the terms and conditions of any other agreement you may have with PAYWIZ for products, services or otherwise.
PAYWIZ reserves the right to change or modify the terms and conditions contained in these Conditions or any policy or guideline of the Services, at any time and at its sole discretion. Notice will be provided by posting revised terms to the Services and changing the 'last revised' date, at the top of the Terms or by other means of notice that Company will determine from time to time, in its sole discretion. Using a particular form of notice in some cases does not obligate us to use the same form in other cases. Any changes or modifications will be effective immediately upon posting of the revisions to the Services, and you waive any right you may have to receive specific notice of such changes or modifications. Your use of these Services will confirm your acceptance of such changes or modifications, so you should frequently review the applicable terms and policies to understand the terms that apply to your use of the Services. The most up-to-date versions of the Terms can be viewed by clicking on the 'Terms of Service' hypertext link located at the bottom of our web pages. If you do not accept the changed terms, you must stop using the Services.
Glossary of used terms
API. – It refers to 'Application Programming Interface' by its acronym in English as an access layer to the PAYWIZ platform through programming languages.
'Beneficiary', Natural or legal persons who receive resources by instruction of the Merchant.
'Commerce', Individual or legal entity that opens a business account in PAYWIZ.
'Account', Regardless of the Business account and/or the Individual Account.
'Business Account', Refers to merchant account,within the PAYWIZ platform, where, among other things, Merchant data are stored.
'Individual Account', It refers to the account registered by the Beneficiaries of a Trade.
'Confidential Information', Refers to all the information disclosed between the Parties, whether in verbal, written, electronic and/or any other way, through documents or communications, information stored either in written, graphic, sound, electromagnetic or computer form or compact disc, telephone, hard drives or any other electronic, optical or any other technology existing or to exist that can store the information delivered by any of the Parties or their affiliates, subsidiaries, as well as their respective officers, directors, employees , shareholders and agents and former employees and agents, during the Term, including without limitation; (i) current and future products and services; (ii) business, plans, strategies and relationships; (iii) existing and prospective clients; (iv) existing or prospective business relationship vendors, consultants, suppliers, customers, contractors, business partners, shareholders and the agreements with any of them and their respective business relationships; (v) intellectual property and industrial, commercial or business secrets, including methodologies and processes, databases; (vi) competitive advantages and disadvantages; (vii) market and financial analysis; (viii) business plans and financial projections; (ix) development activities; (x) personal data of customers, employees, suppliers, as well as Data of the Owner and other information directly related to this instrument, the Customers and the Parties; (xi) any other information that provides the Parties with an opportunity to obtain an advantage over any existing or future competitors; and (xii) the very existence of this Agreement and any other information related to the Parties or that is available to the other Party during the term of this Agreement.
'Services', means the administration and payment collection services provided by PAYWIZ in accordance with these terms and conditions of use, which include but are not limited: (i) the dispersal of payments at the instruction of a Merchant; (ii) the administration and settlement of resources to a Merchant of the amounts collected through any of the available payment methods or that will be available in PAYWIZ, which may be: (a) Acceptance of cash payments and (b) acceptance of credit, debit and prepaid card payment.
'Service Commission', It is the commission that PAYWIZ charges to THE MERCHANT for granting the services. They are agreed commissions depending on the service provided and that have been made known to the Merchant in writing.
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Purpose and contractual relationship
By entering the PAYWIZ Site, you accept the content of these Terms and Conditions of Use, and the other PAYWIZ Policies. Ignorance of the content of this document and the Policies does not exempt you from any responsibility; We recommend that you carefully read the content of the Terms and Conditions of Use, because when entering, accessing, browsing, using or registering as a Merchant, User or Beneficiary, ALL the obligations contained herein will apply. Said consent will have the same legal effects as the consent granted through the autograph signature, being admissible as evidence in court under the terms of the applicable legislation. These Terms and Conditions of Use are NOT negotiable and must be complied with by all Merchants, Users or Beneficiaries that contract the services provided by PAYWIZ.
By entering the PAYWIZ Site, you accept that it may require you the improvement, signing or formalization of legal documentation, such as the signing of contracts, acknowledgment of debts, letters of any kind, etc. In addition, you accept that if for any unjustifiable reason, you do not have the disposition to perfect said legal documents, PAYWIZ may assert your rights and claims through the courts, these Terms and Conditions of Use being admissible as evidence, as well as all the information that recorded in our databases to evidence the relationship with you and the debts that are held, if applicable.
Our Services can only be used by people of legal age, to access or use the Services you must have full legal capacity to contract, use by minors is strictly prohibited; By accessing the Site, you affirm that you are of legal age to contract and that you are in full use of your abilities. By registering to use the Services, you represent and warrant that you are not registering to use the Services on behalf of a third party and have not previously been suspended or removed from the Services. You represent and warrant that you will not use the Services if the law of your country prohibits you from doing so in accordance with these Terms and Conditions.
The Service may only be used for the purposes described in this document ; PAYWIZ reserves the right to verify your identity, age and legal capacity, as well as to suspend the Service to people who carry out Unauthorized Activities or illegal activities. Additionally, the Services may only be used by individuals with business activity and Legal Entities that are duly registered with the Tax Administration Service, and have a Federal Taxpayer Registry or its equivalent abroad.
If your intention is to open a business account on behalf of a legal person, you accept and guarantee that you have sufficient legal powers to do so; Otherwise, we ask that you refrain from opening the account or ask the authorized person to be the one to open the account with us. Take into consideration that we will verify all the legal documentation that accredits you as a proxy or legal representative, so you accept that all the documents that you enter into our system are real, current and comply with the applicable regulations.
Service's description
For the purpose of granting Services, PAYWIZ will provide the Merchant with a Business Account. You may sign up for only one Business Account.
The Services provide users with the ability to use their Business Account to send resources, register Beneficiaries, and give instructions for making transfers to Beneficiaries.
The Merchant is the only one who can register Beneficiaries through his Business Account, providing his name and email. Once this is done, the Beneficiaries will receive a communication from PAYWIZ to complete their registration and register their Individual Account. All funds in your Business Account will be held in your name until the Beneficiary meets all the requirements to receive said funds.
When you register as a Merchant or Beneficiary, we collect personal information such as name, address, federal taxpayer registration, bank details, email. If applicable, name of the company, name of the proxy, address, federal taxpayer registration, bank details, email and telephone. Your registration does not guarantee that you will be able to use the Services. PAYWIZ reserves the right to validate, on its own account or on behalf of third parties, all the data you provide us.
You also agree to: (a) provide accurate, current and complete information when creating or updating a Business Account or Individual Account, (b) keeping your Account information up-to-date, (c) maintain the security and confidentiality of your access data and restrict access to your Account and your equipment, (d) will notify PAYWIZ immediately by sending an email to Management@paywiz.online if you discover or suspect any security flaws related to the Services, and (e) assume responsibility for all activities that occur under your Account and accept all risks of unauthorized access.
PAYWIZ uses third-party services to provide prepaid card issuance, card processing, merchant settlement, and related services. By using any or all of these services you agree to be bound by the terms and conditions and privacy policies of these services and therefore you consent and authorize us to delegate authorizations and share the information you provide to the Services. with our Third Party Service Provider(s) to the extent necessary to provide you with the requested services.
You accept that once you are registered as a Merchant, Beneficiary, or Client, you may request Account Activation from our technical support area by email Management@paywiz.online PAYWIZ may request additional information in order to validate your identity, veracity of the information, legality of the activity you wish to carry out and other administrative information. The data we collect includes the following: In case of being a natural person: Official identification, Proof of address, RFC ID, Cover of the Bank Account Statement. If you are a legal person: Constitutive Act, Assembly Acts where there are changes to bylaws or legal representatives, Power of attorney of the legal representative, Official identification of the legal representative, Proof of address, RFC ID and Bank Statement Cover.
All the information provided by the Users will be confidential and will be subject to the Privacy Notice published on our pages; By submitting an Activation request, you acknowledge and accept that you have legal standing to represent the Merchant or Beneficiary, You also accept and acknowledge thatPAYWIZ may request additional information to prove it, we may even request original documents.
You accept and acknowledge that PAYWIZ will make the best efforts to validate that all the documentation submitted is true, however, we are not responsible if the documentation lacks truth or is inaccurate.
In the case of bank account data, PAYWIZ, will deposit the resources only to the account of the Merchant or its Beneficiaries, so we are not responsible if the account provided is incorrect or if due to fraud or bad faith, the person who requested the Activation gave different data to that of the Merchant or its Beneficiaries.
Our priority is to be efficient in registering our clients, however, you must understand that activating a Business Account implies an exhaustive analysis. Your security is our priority, we do not have a guarantee of a minimum response time to register accounts, however, our average response time to activate a new account from the time your documentation is complete, your contract is signed (in case of that applies) and once its technical, administrative and fiscal validation has been carried out, is 5 business days; once we send you an email that your account has been accepted, you will be able to access the Business Account features.
You agree that PAYWIZ reserves the right to deny a Business Account and agree that we are under no obligation to provide you with any explanations or reasons why your account was denied. Regardless of whether your account has been activated, PAYWIZ reserves the right to deny the use of any Service.
You accept that PAYWIZ provides a username and password per Merchant, Business or User to access the Service through the PAYWIZ Platform, you accept that your username is a non-transferable and revocable right. Users may cancel their user at any time, however, in the event of a cancellation, all pending obligations with PAYWIZ will prevail. It is your responsibility to save the credentials (username and password) and API keys.
You accept and agree to be responsible for the activities carried out in your account, Any charge or movement made with keys through the API or credentials of the PAYWIZ Platform, will be considered as made by you and you will be responsible for all legal and financial effects. We recommend that the passwords you use have restricted access and are not shared with third parties.
Users will not use the Services to carry out activities prohibited by law, such as, but not limited to, the following: (i) money laundering; (ii) terrorist financing; (iii) bribery; and so on.
Commissions
PAYWIZ charges a Service charge consisting of a percentage that varies according to the Service provided (the “Commission”).
PAYWIZ reserves the right to modify the Commissions.
User statements
(1)Users guarantee that the economic resources used come and will continue to come from legal sources and will be used to carry out activities permitted by law at all times, notwithstanding that PAYWIZ can verify at any time the origin of the resources and, in case of finding any irregularity, the legal actions that may take place will be taken, including, among others, the notices present before the respective authorities, as well as immediately canceling the Account in question, in which case the Merchant will be obliged to indemnify and exempt PAYWIZ and / or other users from all liability, from any damage, prejudice , demand and/or action that said violation may cause.
(2) Users of the Services must refrain at all times from (i) making unauthorized or fraudulent use of the Services; (ii) access or try to access restricted resources of the PAYWIZPlatform; (iii) use the PAYWIZ Platform for purposes that are detrimental to the rights and interests of third parties, or that in any way may damage, disable, overload or prevent its ordinary use; (iv) cause damage to the PAYWIZ software or the systems of its suppliers or third parties; (v) introduce or spread computer viruses or any other physical or logical system that may damage or corrupt the software; (vi) trying to access, use and/or manipulate the data and/or content of the PAYWIZ Platform; (vii) reproduce or copy, distribute or allow public access, through any form of public communication, to transform and/or modify the contents of the PAYWIZ Platform.
(3) Users accept, guarantee and undertake to keep us safe from any claim that exists by a third party by virtue of the contractual relationships they acquire with you and the payments they make through the Services and no claim should be directed to PAYWIZ. PPAYWIZ reserves the right to suspend the service for issues related to this section.
(4) You agree to defend, indemnify and hold harmless PAYWIZ, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any and all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Services, (b) any User Content or feedback you provide, (c) your violation of these Terms, (d) your violation of any right of another, or your conduct in connection with the Services.
Personal data
Visit our Privacy Notice by clicking on the “Privacy Notice” hypertext link at the bottom of our web pages for information about how PAYWIZ collects, uses and discloses personally identifiable information from its users.
Intellectual property
Except as otherwise noted on the Services, the Services and all content and other materials on the Services, including, without limitation, the PAYWIZ logo and all designs, text, graphics, images, information, data, software , sound files, other types of files and their selection and arrangement (collectively, “PAYWIZ Materials“) are the exclusive property of PAYWIZ or its licensors and are protected by Mexican and international intellectual property protection laws. You are granted a limited, non-sublicensable license to access and use the PAYWIZ Services and Materials, subject to these Terms.
Except as expressly permitted in the Services, these Terms, or otherwise in writing by PAYWIZ, such license does not include: (a) any resale or commercial use of the Services or PAYWIZ Materials, (b) the distribution, public communication or exhibition of the PAYWIZ Materials, (c) modifying in any other way or making derivative uses of the Services and PAYWIZ Materials, or any part thereof; (d) Do not carry out any act tending to obtain a protection, registration, application or right of industrial and/or intellectual property or of any other nature related to the PAYWIZ Platform and any of its related or connected elements, including, among others, trademarks, notices and/or commercial names, names of websites and/or domains or Internet electronic addresses, or any other industrial and/or intellectual property right or of any other nature used by PAYWIZ, (e) the use of any data mining, robots, or similar extraction or collection methods, (f) the unauthorized downloading of any part of the Services, the PAYWIZ Materials or any other information contained therein, or (g) any use of the PAYWIZ Services or Materials other than for their intended purposes.
Any use of the Services or PAYWIZ Materials not specifically authorized here, without the prior written permission of PAYWIZ, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may violate applicable laws, including, without limitation, copyright, industrial property, personal data laws, and other applicable regulations. This license is revocable at any time.
Responsibility limit
In no case will PAYWIZ, its directors, employees or agents be responsible for direct damages, losses, or any other damage of any kind, arising out of or in any way related to the use or inability to use the service, the PAYWIZ materials or the content or materials contained in or accessed through the services, including without limitation damages caused by errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not due to natural disasters, communications failure, theft, destruction of or unauthorized access to records, programs or services.
In no case the total responsibility of PAYWIZ, whether in contract, warranty, strict liability or otherwise, arising out of or in connection with the use or inability to use the services shall exceed any compensation you pay to PAYWIZ for access to or use of the Services.
Modifications to services
PAYWIZ reserves the right to modify or discontinue, temporarily or permanently, the Services or any other features or parts thereof without prior notice. You agree that PAYWIZ shall not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
Applicable law and jurisdiction
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of Peru, without recourse to conflict of law provisions.
Termination & Suspension
Notwithstanding any of these Conditions, PAYWIZ reserves the right, without prior notice and at its sole discretion, to cancel or suspend your right to use the Services, and to block or prevent your future access to, and use of, the Services.
Separation
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
Contact information and questions
Questions or comments about the services or these conditions can be directed to PAYWIZ by email at Management@paywiz.online