General terms and conditions of service
GENERAL TERMS AND CONDITIONS OF SERVICE
PAY RETAILERS provides the services described below (the “Services” or the “Service”) to Merchants (as defined below).
For the purposes of these General Terms and Conditions of Service, the following definitions shall apply:
- I. The “Service” and /or the “Services” To the payment processing function provided through the outsourcing of third parties and/or affiliated with Pay Retailers, in various jurisdictions and whose characteristics are specified in the “Description of the Service” and Assignment and sub-contracting section.
- II. “Software” Is the digital platform offered by Pay Retailers and used for, among others, the monitoring and management of the Services by the Merchant to carry out transactional processing of its operations.
- III. “Merchant” The person who offers goods and/or services and uses the software for these purposes.
- IV. “End User” Means the customer of the Merchant who contracts the services and / or products offered by the Merchant through electronic means.
- V. “Account” Means the only virtual account opened by the Merchant in the Software, where you can obtain information, generate reports of movements, etc.
- VI. “Bank Account” Means an account indicated by the Merchant in which the corresponding settlement will be made and opened with an authorized financial institution owned by the Merchant or a third party authorized by the Merchant.
- VII. “Payment or Payments” means any amount collected by Pay Retailers, whether made (in English “pay in”) or received (in English “pay out”) by the End User, which may be through any payment method admitted in the Service.
- VIII. “Exam or Exams” Means review of documentation that can be conducted by Pay Retailers. In case of review by the competent authority, the Merchant will be notified so that it can duly provide the required information.
- IX. “File or Files” Means the documentation that the Merchant must provide and will include but not limited to, the identification of the End User duly accredited, proof of acceptance of the Terms and Conditions of Service by the Merchant and the questionnaire of source of resources.
- X. “Payin” Means any Payment processed for the acquisition of a good or service offered by the Merchant by means of cash, Credit/Debit card, bank transfer, digital wallets or any other payment method included in the services.
- XI. “Payout” Means a transaction requested by the Merchant to Pay Retailers and to be credited to the End User’s account.
FIRST. Acceptance of General Terms and Conditions of Service
- 1.1 By using the Services, the Merchant agrees to comply with these General Terms and Conditions of Service, considering that Pay Retailers may revoke the use thereof if the Merchant does not comply with these and / or with any applicable law or provision, in every moment without any liability for Pay Retailers arising from such revocation.
- 1.2 In that sense, the Merchant declares to have sufficient capacity to contract and that the natural person who accepts these General Terms and Conditions of Service on its behalf has the necessary powers to bind it.
SECOND. Description of Services
- 2.1 Pay Retailers makes the Services available to the Merchant so that, through them, the End User can make the Payments.
- 2.2 When contracting the Services, the Merchant will have access to an Account and for this, Pay Retailers in this act grants a temporary, non-exclusive and revocable authorization of use to the Merchant, in accordance with the following terms:
- a. Within the Software, the Merchant will register in its Account its personal data and due diligence so that Pay Retailers has an adequate and truthful knowledge of it. The Merchant undertakes that the information it provides regarding itself; their movements; the origin of your funds or any other relevant information will be truthful and must be kept up to date, recognizing and accepting that it may be verified and / or audited through exams at any time when Pay Retailers or any of its business partners, affiliates, subsidiaries or authorized authorities so determine or require it.
- b. Pay Retailers will presume that the information provided by the Merchant is correct and is not responsible for any fault or omission in relation to it, therefore, the Merchant releases Pay Retailers from any damage or harm arising from this lack or omission.
- c. The Merchant may receive visible funds in their Account through Payments for the Service and dispose of the funds in his Bank Account.
- d. From Payments made to the Merchant, the amounts due to Pay Retailers, such as commissions, taxes, tariffs, and others costs that may incur for the fulfilment of the services, will be subtracted. Once these amounts have been subtracted, Pay Retailers will make the corresponding settlement of the amounts to the Bank Account.
- e. If for any reason the transfers are made in any currency other than that of the collection, the applicable rates related to the exchange rate will always be borne by the Merchant and will also be deducted.
- 2.3 Pay Retailers may suspend payments to the Merchant in the event that any authority, financial institution, card association, or a provider of exchanges or payment solutions begins any investigation that makes it difficult to continue with the Services. Such payments will resume as soon as such investigation or impediment has concluded.
THIRD. General Term and Termination of the Provision of the Services
- 3.1 The provision of the Services will remain in force for a period of one (1) year from the acceptance of these General Terms and Conditions of Service and will be automatically renewed for the same period of time, unless Pay Retailers or the Merchant expresses its willingness not to 3 Continue with the provision / acquisition of the Services and is notified with a period of thirty (30) calendar days in advance.
- 3.2 At any time, the Merchant may stop using the Services, provided that it sends the written termination notice 15 working days in advance to the email designated by Pay Retailers.
- 3.3 In the event that the termination of the Service is requested by the Merchant, it must comply with all outstanding obligations to Pay Retailers.
- 3.4 Notwithstanding the foregoing, in the event of suspension or termination of the Services, Pay Retailers, in its sole discretion, is entitled to withhold outstanding payments for a maximum period of 6 (six) months, or until the authorities, banks, financial institutions, exchange providers, payment services, or any other entity have concluded the pending payment claims processes, By way of example, but not limited to, claims, fees and penalties. Such claims, fees and penalties shall be subtracted from the sums not paid to the Merchant. Pay Retailers may request from the Merchant a security deposit for the amount determined to cope to deferred payments if they were going to be higher than what Pay Retailers should transfer to the Merchant. The Merchant for this specific case, is obliged to deposit the amount indicated by Pay Retailers within the following 5 (five) business days after the request.
- 3.5 Once the provision / contracting of the Services has been completed, the Merchant may not make any use of the Software and Pay Retailers will definitively close the Account.
FOURTH. Commissions and fees applicable to the Services
- 4.1 For the provision of the Services, the Merchant must credit to Pay Retailers the commissions, fees and other expenses that are agreed for each transaction made through the Services. The commissions, fees and other expenses will be subject to unilateral changes and updates by Pay Retailers, in which case it will inform the Merchant sufficiently in advance of the application of this update and / or modification, by notification that will be sent to the email that for such purposes has provided the Merchant.
FIFTH. Pay Retailers commitments
- 5.1 Transfer Payments to the Merchant in a timely manner and in accordance with the provisions of these General Terms and Conditions of Service and any other applicable provisions.
- 5.2 Install or activate the Software on the computers provided by the Merchant for this purpose.
- 5.3 Provide the Services in line with the best practices of the industry.
SIXTH. Merchant Commitments
- 6.1 Prior activation of the Services, prepare and supply the necessary and compatible equipment, software and connection indicated by Pay Retailers.
- 6.2 Pay commissions, fees and / or expenses applicable to Pay Retailers derived from the provision of the Services under the terms herein.
- 6.3 Apply all necessary measures to protect the security and integrity of the hardware or software related to the systems on which the Software will be install, complying with all security or encryption standards, regulations and procedures in which case, established by Pay Retailers.
- 6.4 Allow periodic exams of the Files, with the strict implication that any refusal to do so will imply suspension or termination of the provision of the Services and / or the use of the Account without any liability on the part of Pay Retailers. The Exams for internal processes are limited to 2 (two) per year, however, the Exams may be derived from requirements of agencies or fraud prevention authorities or Prevention of Money Laundering and Financing of Terrorism.
- 6.5 Ensure that the information in its Files or those of the End User allow to demonstrate the identity, legality and provenance of the funds. Any breach of this provision will result in the suspension of the Service without any liability on the part of Pay Retailers until the deficiencies are corrected.
- 6.6 The transactions carried out in the Software may be subject to analysis by Pay Retailers, therefore, the Merchant expressly authorizes Pay Retailers to analyze and monitor all transactions made through the Software, obliging itself to deliver to Pay Retailers any additional information that may be requested in relation with the transaction or the Merchant.
- 6.7 In case withdrawals are made for the equivalent of $ 1,000.00 USD (One thousand dollars Legal tender in the United States of America), the Merchant must deliver the File to Pay Retailers.
- 6.8 In the event of a refund generated in favor of an End User, the Merchant will assume and will be responsible for the cost derived of the corresponding exchange and currency conversion, as well as to pay any other expenses that have to be disbursed by Pay Retailers.
- 6.9 In the event that the Merchant requires new technological integrations, it must have prior written authorization from Pay Retailers. Failure to do so, may result in the permanent suspension of the provision of the Services without any liability on the part of Pay Retailers.
- 6.10 Similarly, the Merchant undertakes to: (i) not interfere with the security of the Software, or intercept any data sent or received through it; (ii) not to decode, crawl, deconstruct or recreate the source code of the Software; (iii) not violate any law or regulation that may be infringed by the use of the Software; (iv) submit or enter only true, current, accurate and complete information in the Software; (v) follow and apply applicable international and local to the Prevention of Money Laundering and Terrorist Financing.
- 6.11 The Merchant must cooperate with Pay Retailers in case of any requirement of judicial or regulatory order, including, but not limited to, to comply with the regulations on Fraud and Prevention of Money Laundering and Financing of Terrorism according to the terms indicated by Pay Retailers or the authority where appropriate.
- 6.12 Have all the necessary licenses and authorizations to carry out their activity in accordance with the applicable legislation.
- 6.13 The others that arise from these General Terms and Conditions of Service.
SEVENTH. Suspension and termination of Service
- 7.1 At its discretion, Pay Retailers may permanently or temporarily suspend or terminate the provision of the Services/Software to the Merchant in the following cases:
- i. Where, in the opinion of Pay Retailers, there are material changes in the number, value, type or profile of Merchant’s payments of which Pay Retailers has not been informed in advance.
- ii. The motivated suspicion by Pay Retailers that the Services and / or Software are being used to commit infractions, misdemeanors or crimes in accordance with the applicable regulations.
- iii. Actual or potential undermine of the integrity or reputation of Pay Retailers for conduct attributable to the Merchant.
- iv. The extinction of the business of the Merchant or in case more than 45 (forty-five) calendar days elapse without transactions.
- v. The sale of the business of the Merchant or a change in control thereof that occurs without prior notice of 30 working days in advance of the act to Pay Retailers.
- vi. Any merger, absorption, division and / or significant structural modification of the Merchant, as well as transfer or alteration of the country where it has declared to carry out of its operations without prior notice with 30 working days in advance to Pay Retailers.
- vii. The use of the Service/Software by the Merchant to carry out fraudulent or misleading advertising activities.
- viii. A considerable increase in the opinion of Pay Retailers in the volume of complaints by End Users regarding the Merchant or its activities.
- ix. In the event that Pay Retailers does not have sufficient clarity on how the Merchant operates.
- x. When for any reason, the Merchant is withdrawn, suspended or denied any license or permit necessary to carry out its activities.
- xi. When the Merchant has violated the provisions of these General Terms and Conditions of Service.
- xii. When due to a normative or regulatory modification there is not sufficient clarity as to whether the activity of the Merchant is allowed and / or authorized to continue operating.
- xiii. When any relevant change or alteration in the market may affect the interests of the Parties.
EIGHT. Nature of Service
- 8.1 Pay Retailers will provide the Services to the Merchant exclusively as an intermediary between the Merchant and the End User for the processing of Payments. Pay Retailers does not participate in the business of the Merchant, Pay Retailers does not have an association with the Merchant, so, the Merchant will be solely responsible to the End Users regarding any claim made by them in relation to the goods and services offered by the Merchant. Pay Retailers will not have in any case the consideration of representative of the Merchant.
- 8.2 Pay Retailers will be responsible only for those errors or incidents in the Services, derived from an omission, deficiency or error attributable to Pay Retailers.
NINETH. Service Requirements and Restrictions
- 9.1 In order to access the Services, the Merchant must meet at least the following requirements:
- – Sufficient legal capacity to contract.
- – Provide the information, means and tools necessary for the implementation of the Services and Software.
- – Sign up by completing the corresponding requirement that Pay Retailers will make available to you prior to contracting the Services.
- – The Merchant may transfer money in the 365 (three hundred and sixty-five) days of the year without restriction of schedules. The execution is subject to the schedules of the Mexican financial system and / or the applicable legislation.
- 9.2 Pay Retailers reserves the right to suspend or deny the Service to the Merchants which do not
comply with the above requirements or its activity is not in accordance with the commercial interests of Pay Retailers.
TENTH. Limitation of Liability
- 10.1 Pay Retailers shall not be liable for problems with the Service caused by:
- i. The Merchant has failed to provide Pay Retailers with the information necessary for the provision of the Services.
- ii. The Merchant has provided incorrect or false information to Pay Retailers.
- iii. For transfers of the funds contained in the Account that are made to Bank Accounts.
- iv. For delays or failure to transfer funds to the Merchant when these are a consequence of acts or omissions of the Merchant.
- v. Problems or deficiencies in the services that the Merchant directly provides to the End User.
- vi. Damages, losses and / or deficiencies in the Services / Software, as a result of faults, breaches and / or omissions by the Merchant, in accordance with the provisions of these General Terms and Conditions of Service.
ELEVENTH. General Conditions of Service
- 11.1 The provision of the Services and the provision of the Software by Pay Retailers will be subject to the acceptance of the following conditions:
Risks related to the use of the Software: Merchants to whom we provide Services that transact on an electronic payment system are exposed to the risks associated with the Software, including hardware and software (Internet/Servers) failures. The result of a failure of the Software may be that an order is not executed in accordance with the instructions provided or is not executed at all; dial-up connections, or any other form of unstable connection by the user, may result in poor or interrupted connectivity or a lack of signal strength causing delays in data transmission between the Merchant and Pay Retailers. Such delays or alterations may result in the Merchant not viewing in real time some movements and balances in your Account.
- 11.2 Pay Retailers will make it best effort to keep the Software working optimally, however it does not guarantee continuous or uninterrupted access and use of the Software; the Software may eventually be unavailable due to updates, technical difficulties or network failures or for any other circumstance beyond Pay Retailers, in such cases it will seek to restore the Service as quickly as possible without any liability being attributed to Pay Retailers.
- 11.3 The Merchant acknowledges that the availability of the Software may be affected due to preventive and corrective maintenance for the updating of its content to safeguard the security and integrity of the same or for similar reasons or purposes.
- 11.4 The Merchant acknowledges that it is its responsibility to keep the operating system of its equipment updated and to have security solutions such as antimalware, antispam, antiphishing, firewall, and / or others that prevent or mitigate any type of risk to which transactions made through the Payment Solution may be exposed.
- 11.5 In providing the Service, Pay Retailers makes no representations or warranties regarding the reliability, timeliness, quality, suitability or availability of the Software, or that the use thereof will be uninterrupted or error-free. The Merchant agrees that all risk arising from the use of the Software shall be solely with the Merchant, to the fullest extent permitted by applicable law.
- 1. Delays in settlement: Pay Retailers, will settle the Merchant according to what the Parties stipulate, however, it is possible that there are delays in the execution of the settlements, which are not directly attributable to Pay Retailers, but to electronic communications, electricity failures, natural disasters, causes of force majeure or problems in the availability of the services of third party providers of Pay Retailers.
- 2. Responsibility for security: The Merchant may be subject to credential theft attacks by third parties outside PayRetailers, so the Merchant must implement technical and training measures aimed at mitigating this risk. The Merchant undertakes to always connect to the Software through secure communications and to use security solutions such as: antimalware, antispam, antiphishing, firewall and keep your operating system updated. Customer credentials and login credentials are for personal use and non-transferable. In the event that the Merchant loses control of their credentials or believes that they have been compromised, they must immediately contact PayRetailers to notify this situation and make the immediate change of their passwords. The Merchant will be responsible for the damages generated by failures in its security systems.
- 3. Truthfulness and accuracy of information: Pay Retailers is not responsible for the accuracy of information or content provided by third parties.
- 4. Risks inherent in transactions on third-party websites: Pay Retailers is not responsible for transactions made through the Software for sending resources and / or funds to third parties outside our organization that result in fraudulent transactions.
TWELFTH. Return Policy
- 12. Due to the fact that the collection of fees is carried out automatically at the time the Merchant makes a transaction, once the provision of the Services has been completed, there will be no refunds with respect to the commissions, fees and other amounts that Pay Retailers charge to the Merchant.
THIRTEENTH. Modification to these General Terms and Conditions
- 13. The Terms and Conditions may only be amended by written agreement between the Parties. In any case, Pay Retailers is entitled to modify or complete the provisions of the present, related to strictly operational issues provided that it communicates it to the Merchant through a written notice not less than fifteen (15) calendar days in advance.
FOURTEENTH. Intellectual property
- 14.1 All intellectual and industrial property rights that make up the Software (hereinafter “Intellectual Property”) are the exclusive property of Pay Retailers Company Group and are protected in accordance with applicable legislation and international treaties.
- 14.2 The Merchant acknowledges that the use of the Software does not provide it with any title or right to the Intellectual Property. The Merchant may not modify, reverse engineer, decipher, decompile or create other derivative works of the Software.
- 14.3 The Merchant may not copy, transmit, reproduce, or use commercially or otherwise, the Intellectual Property contained in the Software, other than that authorized for the execution of the Service.
- 14.4 The Merchant agrees not to engage in activities or commit any act, directly or indirectly, that may dispute or jeopardize the Intellectual Property of Pay Retailers. The Merchant shall not acquire, solicit, register or claim any rights, titles, or interests in, or related to similar marks in degree of confusion with the Pay Retailers brands.
FIFTEENTH. Confidential Information
- 15.1 The Merchant agrees to use the Confidential Information only for the purposes expressly authorized by Pay Retailers and agrees not to disclose the Confidential Information to any third party.
- 15.2. Likewise, prior to any disclosure of the Confidential Information to third parties, the Merchant must have the written authorization of Pay Retailers.
- 15.3 For these purposes:
1. Confidential Information. All information owned by the Parties on a confidential basis, whether in print, writing, oral, or contained in electronic media or in computer programs (software), which is disclosed by, or to any of the parties, as a result of the relationship, including but not limited to, customer names, financial information, projections, analyses, marketing plans, business plans, with the understanding that any written material that is delivered or made available to the other party, shall be considered as Confidential Information.
The term “Confidential Information” shall not include information with respect to which the party receiving it in terms of these General Terms and Conditions of Service (the “Receiving Party”), can demonstrate:
(a) that has been independently developed by the Receiving Party, or that has been lawfully received without restriction from another source, which has the right to provide such information; or
(b) which has been made available to the general public without breach of this Convention by the Receiving Party; or
(c) that prior to the date of delivery to the Receiving Party, such information was duly in the possession of the Receiving Party, free from any restriction, which shall be demonstrated by documentation in the possession of such Receiving Party.
2. Obligation of Confidentiality. The Confidential Information shall be kept confidential by the Receiving Party and, without the prior written consent of the party providing the Confidential Information (the “Disclosing Party”), the Receiving Party may not (i) distribute or disclose any part of the Confidential Information, by any means, (ii) allow any third party any access to the Confidential Information, or (iii) use the Confidential Information for any purpose other than as set forth in this Agreement, or agreed to in writing by the Disclosing Party. However, the Receiving Party may transmit Confidential Information to its lawyers, accountants, financial advisors, directors, officers and financial institutions (collectively its “Representatives”), who have a need to know the Confidential Information in connection with the business relationships contemplated between the parties to this Agreement, and who shall be informed of the contents of these General Terms and Conditions of Service, and give their consent to be bound by what is indicated herein. The parties agree that the Representatives shall be bound with respect to the Confidential Information. When Confidential Information is not being analyzed for purposes of these General Terms and Conditions of Service, the Receiving Party shall keep the Confidential Information on its premises, duly marked as “Confidential”, and such Receiving Party shall take all necessary precautions to ensure that the Confidential Information is only accessible by the Representatives.
3. Disclosure of Information by Judicial or Administrative Order. In the event that the Receiving Party receives an order to disclose all or part of the Disclosing Party’s Confidential Information from a competent court or any governmental body or administrative authority, the Receiving Party shall
disclose only that portion of the Confidential Information that it is required to disclose and shall use its best efforts to ensure that the Information is treated confidentially. Confidential disclosed.
4. Damages. In the event that any party involved in these General Terms and Conditions of Service discloses or makes available to any third party, all or part of the Confidential Information, without the prior written consent of the other party, or without the existence of a court order or any governmental or administrative authority requiring the disclosure of such Confidential Information, The party in breach hereof expressly agrees to pay the other party all damages caused by reason of such breach, including any expenses and attorneys’ fees.
5. No Commitment. Nothing in these General Terms and Conditions of Service, nor during any of the sessions, nor disclosures made in terms of these General Terms and Conditions of Service, shall be considered as a commitment or obligation of the parties to engage in any business relationship, contract, or future negotiations with the other party, or that limit the right of the parties to hold discussions or carry out activities similar to those related to those related hereto.
6. No Grant of Licenses. The parties acknowledge and agree that nothing contained in these General Terms and Conditions of Service shall be deemed to grant to either party any right or license, express or implied, with respect to the Confidential Information.
7. Return of Confidential Information. Upon request of the Disclosing Party, all documents, records, materials or the like, including any and all copies thereof, containing Confidential Information relating to the Disclosing Party, which are in the possession of the Disclosing Party or its Representatives, prepared or obtained by the Disclosing Party, shall be delivered without delay to the Disclosing Party. In addition, both parties shall ensure the destruction of all notes, reports, analyses and other information prepared or extracted by either party and its Representatives based on the Confidential Information, and such destruction shall be confirmed in writing by the Receiving Party to the Disclosing Party.
- 16.1 Full compliance with current regulations is an essential condition of the relations that Pay Retailers maintains with the Merchant. Therefore, the Merchant undertakes not to carry out or tolerate any activity constituting an infraction, misdemeanor a crime or illicit conduct, and in particular, those of bribery to national or foreign public official, money laundering, financing of terrorism, reception, corruption between individuals, incompatible negotiation, unfair administration, computer crimes, misappropriation, collusion and all those crimes or illicit activities established in the applicable legislation.
- 16.2 Taking into account all the applicable legislation in the place where the operations are carried out and with respect to international regulation that is illustrative, but not limited to is indicated below:
- 16.2.1 The Merchant undertakes to comply with all legal provisions and regulations applicable in any country where it operates and in any country in which it carries out operations, including but not limited to those in relation to the criminal liability of legal entities, and obliges Pay Retailers of any claim, demand, judgment, action or proceeding arising out of or relating in any way to the Merchant’s failure to comply with such matters or the breach of any applicable law or provision, including, without limitation, any legislation relating to Money Laundering and Terrorist Financing.
- 16.2.2 The Merchant will not carry out actions that are prohibited by local laws or other anti-corruption laws that may be applied to one or both Parties. Without limiting the foregoing, the Merchant will not make any payment, or offer or transfer anything of value, to a government official or employee, to any official of any political party or candidate for political office or to any third party in connection with the transaction in a manner that would violate the Anti-Corruption Laws.
- 16.2.3 Any breach of the provisions of this clause will result in the immediate termination of this contract without the right to any compensation in favor of the Merchant.
- 16.2.4 The Merchant acknowledges and understands that Pay Retailers must comply with regulations and prevent money laundering, terrorist financing, bribery and corruption and guarantees that the origin and destination of resources is lawful and guarantees that all information and documentation delivered to Pay Retailers is true, correct and complete.
SEVENTEENTH. Personal Data Policy
- 17.1 The Parties acknowledge that they have and implement their respective personal data protection policies, as well as their privacy notices and expressly undertake to independently comply with the obligations that correspond to them in accordance with the data protection law applicable in their country or region, with respect to the personal data and, if applicable, Personal Data considered sensitive of any person (hereinafter, the “Data Subjects”) to which they have access and that may arise from the contractual relationship.
- 17.2 For the purposes of the provision of the Services described herein, the Merchant is considered the controller of the Processing, as it is the party that decides on the purpose of its processing, directly acquiring the obligations provided for in the corresponding data protection law. By virtue of the foregoing, Pay Retailers confirms that it has obtained the consent of the Data Controllers for the processing of their data. In turn, Pay Retailers will act as processor of the Processing in accordance with the purpose of these General Terms and Conditions of Service.
- 17.3 By accepting these General Terms and Conditions of Service, the Parties also accept and acknowledge the Data Processing Agreement available as Data Processing Agreement as stated in 17.5 which forms an integral part of these General Terms and Conditions, which governs the obligations relating to the processing of personal data by Pay Retailers, as Data processor, on behalf of the Merchant as Data controller.
- 17.4 The Data Processing Agreement shall be effective upon acceptance of these General Terms and Conditions of Service.
EIGHTEENTH. Communications and notifications
- 18.1 The Merchant agrees that official communications related to the Services offered through the Software will be sent to the email address you have designated in the Account.
- 18.2 It is the Merchant’s responsibility to keep this information up to date and ensure that information from Pay Retailers is not being diverted by any filter that prevents the Merchant from being notified. Pay Retailers will carry out all the notifications it deems pertinent through the means indicated in the previous paragraph. Such notifications may contain information related to the status of the Merchant, modifications to these General Terms and Conditions of Service or the Privacy Notice.
- 18.3 Pay Retailers will not be responsible for deficiencies in the Service when these have been caused because the Merchant did not respond in a timely manner to the communications and / or notifications that have been sent.
- 18.4 Pay Retailers will only call or contact a Merchant directly to follow up on clarifications initiated by the Merchant, or fraud alerts detected by telephone, to the telephone number or email that has been registered in the Account. Pay Retailers will not request the Merchant to provide
personal and / or confidential information by telephone. All Merchant information must be sent by official means such as customer support email. Pay Retailers does not contact users or people to offer them the contracting of any type of service of its own or of third parties; nor to require money or to obtain or corroborate personal data. It is the responsibility of the Merchant to refrain from providing any personal data or resources of any nature to those persons who appear or pose as agents of Pay Retailers.
- 19.1 In the event that the Merchant require any clarification regarding these General Terms and Conditions of Service and/or regarding the use of the Payment Solution and the Services, we provide you with the email address: [email protected]
- 19.2 In accordance with the Federal Consumer Protection Law, the Merchant acknowledges that any claim or compensation to which it may be entitled must be asserted by the Merchant within a maximum period of one (1) year from the payment to the Service that generated such claim or compensation.
- 20.1 The Merchant shall indemnify Pay Retailers, its affiliates, suppliers, vendors and advisors from any action, demand or any other type of claim (including attorneys’ fees and court costs) arising out of any breach by the Merchant of these General Terms and Conditions of Service and in all related by way of, but not limited to, to any false indication by the Merchant; any related claim, demand, judgment, action or proceeding arising out of the Merchant’s performance, transactions between the Merchant and the End User and any penalty imposed by any financial institution, bank or authority.
- 20.2 In the event of a payment dispute initiated by an End User of the Merchant (whether through their bank, through a Pay Retailers payment method provider, with local authorities or through our Buyer Support channels), the value of the disputed transaction will be withheld until there is a final resolution of the case. If such resolution is in favor of the Merchant, the value of the transaction will be paid to the Merchant.
- 20.3 Upon a notice of dispute sent by Pay Retailers to the Merchant, the latter will be responsible for providing the documentation or evidence that supports the disputed transaction within the deadlines established in the notice of dispute. In case of not providing evidence or response within the established period and form, the Merchant will be solely responsible for the consequences that this generates.
TWENTY-ONE. Assignment and sub-contracting
- 21. The Merchant hereby agrees that Pay Retailers may provide its services through the outsourcing of its affiliates, subsidiaries and authorized third parties in any of the jurisdictions where Pay Retailers provides such Services.
TWENTY-SECOND. Applicable Legislation and Jurisdiction
- 22. In the event of a dispute arising from the interpretation of these General Terms and Conditions of Service, the parties establish as applicable jurisdiction the Federal Courts based in Mexico City, waiving any other jurisdiction that may correspond to them, leaving this agreement to interpretation in accordance with the applicable laws of the United Mexican States.
These General Terms and Conditions may be adjusted by Pay Retailers according to the operation that best benefits the Merchant. Pricing, bank account details, contact and website information will be set forth in annex
Last update: December 2023