General Terms and Conditions of Use for the PAYPAGA Platform
Through this document, OSYTER LOAN, S.A. DE S.V., states that it is a company established in the United States of Mexico and makes available to the USER the following General Terms and Conditions (hereinafter "T&Cs") that regulate access to and use of the PLATFORM, website, and other digital content of PAYPAGA. Therefore, this document will serve as the Contract, which is made available to the USER electronically through the PLATFORM.
Based on the aforementioned, by accessing and using the PLATFORM, you express full understanding and consent to these T&Cs, as well as declare that you are of legal age and in full enjoyment and exercise of your rights to contract and assume all kinds of obligations, and therefore, be responsible for them. Therefore, if you do not agree with these T&Cs, you must refrain from accessing or using the PLATFORM, initially.
Therefore, you express your full understanding and consent to these T&Cs and agree to be legally bound and establish a contractual relationship between you and PAYPAGA, which will be subject at all times to the Terms and Conditions, as well as the applicable regulations in the United Mexican States.
All information provided by the USER when using the PLATFORM and any other data and information will be used in accordance with the Privacy Notice that PAYPAGA makes available to the USER through its website: https://www.paypaga.com
Any User who does not fully and completely accept the Terms and Conditions stated here, which are obligatory and binding, must refrain from accessing, using, and observing the Site, and in the event that the User accesses, uses, and observes the Site, it will be considered as an absolute and express acceptance of the Terms and Conditions established here.
1. ACCEPTANCE.
Upon accessing the PLATFORM, the USER acknowledges that PAYPAGA is granting them a temporary, limited, non-exclusive, non-sublicensable, revocable, and non-transferable license as described below.
The USER, concerning the PLATFORM, agrees that the use thereof is at their own risk, concerning the services and/or products provided therein.
The PLATFORM, including but not limited to all content such as, by way of illustration and not limitation, texts, photographs, illustrations, graphics, videos, audio, designs, codes, data, and any other information, is the sole and exclusive property of PAYPAGA, without waiver of any copyright, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights, regulated and protected by the Federal Law of Copyright, the Federal Law of Industrial Property Protection, as well as any other legislation on Intellectual Property applicable.
The use of the PLATFORM does not grant the USER ownership of the PLATFORM or its content at any time, nor does it grant a license for their exploitation. Therefore, the USER acknowledges that they do not acquire any ownership rights by downloading any copyrighted material related to the Services.
The distinctive signs, including trademarks and trade notices, as well as other content displayed in the Services, shall at all times be the property of PAYPAGA, whether registered or not, and may not be used by the USER without express written consent from PAYPAGA.
The USER acknowledges, accepts, and understands that in order to use the PLATFORM, they must have a computer system with minimum operational characteristics for the execution of the PLATFORM, which must be obtained and paid for by themselves. They are also responsible for any damage that may occur, including damage caused by computer viruses or communication pathways, and, in general, any other type of loss, harm, destruction, or deterioration that the USER may suffer due to the use of such computer equipment in connection with the use of the PLATFORM.
The Services are only available to individuals with legal capacity to contract. Therefore, individuals lacking this characteristic or minors cannot use the services. The USER declares and guarantees, under penalty of perjury, that if a natural person, they are of legal age, a Mexican resident, have a domicile or establishment in the United Mexican States, and have the necessary legal capacity to perform the activities contained on the Site. If a legal entity, the declarant on their behalf has the necessary and sufficient powers to act and bind the entity, and it is a legally constituted company under the laws of the United Mexican States.
2. REGISTRATION AND PERSONAL DATA.
The USER affirms, under penalty of perjury, that all information and documentation provided and/or to be provided in relation to any activity promoted on the Site is true, complete, and correct. Consequently, they are obligated to indemnify and hold PAYPAGA harmless from any damage, harm, demand, and/or action caused by such omission or falsehood.
PAYPAGA may use various means to identify its USERS, but PAYPAGA is not responsible for the accuracy of the Personal Data provided by its USERS. PAYPAGA reserves the right to request additional proof and/or data to verify the Personal Data and to temporarily or permanently suspend those USERS whose data could not be confirmed.
To access and use the Products and Services, the USER must register on the PLATFORM by completing the forms provided by PAYPAGA for this purpose, with the requested personal data, which may include, but is not limited to: (i) full name or business name, (ii) address (street, exterior and interior number, postal code, neighborhood, political demarcation, state, country), (iii) position held in the company, (iv) email address, (v) password, (vi) cell phone number, (vii) social media profiles, among others, in order to subsequently generate user IDs, passwords, authentication factors for the use and responsibility of the USER.
For access to the USER's Account, PAYPAGA will provide and validate an access password, which will be considered an identifying and enabling element to access the services of the PLATFORM.
The password will be personal and non-transferable, so the "USER" agrees to maintain the confidentiality of their access password, assuming the consequences that may arise from its use by third parties other than the "USER", and must hold PAYPAGA harmless for any unauthorized use of the password. The "USER" will be responsible for all operations carried out with their password. It is prohibited for the same USER to have more than one Account. In case PAYPAGA detects Accounts containing related or matching data, it may cancel or disable them. PAYPAGA reserves the right to reject any registration request or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision, and without generating any right to compensation or redress.
3. PERSONAL DATA PROTECTION.
The USER acknowledges and accepts that PAYPAGA processes personal and patrimonial data in accordance with the principles of legality, consent, information, quality, purpose, loyalty, proportionality, and responsibility as stipulated by the Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP), and in compliance with its previously disclosed privacy notice. Similarly, the USER recognizes that PAYPAGA employs appropriate physical, technological, and administrative procedures to prevent unauthorized access and disclosure, maintain data accuracy, and ensure proper use of the information.
The USER may request the exercise of their ARCO rights or the revocation or limitation of their personal data through the PORTAL and the ARCO Rights Request Form, as indicated in the Privacy Notice. The USER acknowledges that it is their obligation to refrain from using, accessing, extracting, selling, renting, and/or transferring personal data, sensitive personal data, and patrimonial data that they may come to know due to the service or services contracted in this T&Cs agreement. The USER will hold PAYPAGA harmless for any sanctions or fines that the latter may be subject to due to the misuse of personal data of its USERS. In the event that the USER breaches the obligation contained in this clause, regardless of the applicable sanctions under the Federal Law on Protection of Personal Data Held by Private Parties, they shall compensate PAYPAGA for any resulting damages and losses.
4. NOTIFICATIONS.
The USER must notify PAYPAGA through the PLATFORM as soon as possible if there are any changes in their Personal Data provided in accordance with the previous section's first paragraph and, in general, any updated or modified information, as well as any loss or misplacement of passwords, access codes, or PLATFORM access factors. PAYPAGA, for any notification, will use the most recent data provided by the USER in the PLATFORM. Therefore, in the event of an omission in such notification, the USER absolves PAYPAGA of any responsibility regarding the provision of Services.
If there is a loss, theft, or compromise of authentication factors, access keys, and/or passwords in general, the USER must immediately communicate this to PAYPAGA through the PLATFORM. It is understood that under no circumstances will PAYPAGA be liable for charges, transactions, and/or authorizations made prior to the report of theft or loss, even if conducted by a third party.
5. PLATFORM MODIFICATIONS.
PAYPAGA reserves the right to delete or modify the content of the PLATFORM. Likewise, it will not be responsible for any failure or delay resulting from the removal of such material. Under no circumstances will PAYPAGA be liable for any direct or indirect damage caused by the USER's reliance on information obtained through the PLATFORM. Consequently, the USER agrees to periodically review these T&Cs to stay informed of such modifications. Notwithstanding the above, each time the USER accesses the specified site, it will be considered an absolute acceptance of the modifications to this agreement.
PAYPAGA does not guarantee that the PLATFORM meets all USER requirements or that the PLATFORM Services, notwithstanding PAYPAGA's best efforts, will be continuously available or uninterrupted. PAYPAGA will notify via email or through the official website the options for service continuity in the event of PLATFORM failures.
6. PLATFORM AVAILABILITY.
The USER will have access to the PLATFORM at any time to carry out dispersals, adhering to the banks' schedule. However, in the case of having a guarantee or balance in the account, they may do so at any time.
Operations successfully executed within the allowed days and hours, as previously agreed, will take effect on the day they are executed. Operations pending execution due to not being carried out within the previously established days and hours will take effect on the following Business Day when executed, provided there is no impediment to their execution.
The USER acknowledges and accepts that PAYPAGA will not be liable if, due to fortuitous events, force majeure, lack or interruption of connectivity, PLATFORM failures, or any other cause beyond PAYPAGA's control, access to the PLATFORM becomes unavailable. However, PAYPAGA will make every effort to ensure continuity in PLATFORM services. Any notifications regarding system failures or processes for service continuity will be made through the USER's registered email.
7. INFORMATION PRIVACY.
To use the Services on the Platform, USERS must provide certain personal data. In accordance with PAYPAGA's Privacy Notice, all personal information is processed and stored on servers or magnetic media that maintain high security and protection standards, both physically and technologically. For more information on the use of Personal Data and its privacy, please refer to the Privacy Notice.
Additionally, the USER accepts and acknowledges that all the information contained in the PLATFORM, as well as any information provided by PAYPAGA, whether in written, electronic, or verbal form, is information that the USER is obligated to protect as confidential ("Confidential Information"). Confidential Information includes, but is not limited to, correspondence, technical information, commercial information regarding the organization and activities of the PLATFORM, technical and contractual knowledge of PAYPAGA.
8. CONFIDENTIALITY.
The USER is responsible to PAYPAGA for ensuring that its shareholders, officers, and employees strictly maintain secrecy regarding projects, technical developments, and administrative matters implemented by PAYPAGA concerning this contract. The USER acknowledges that any printed or digital document and/or Commercial Proposal establishing obligations related to the use of the PLATFORM is an integral part of these T&Cs and therefore shall be fully valid and serve as full evidence.
9. SYSTEM VIOLATIONS OR DATABASES AND/OR INTELLECTUAL PROPERTY RIGHTS.
The USER is obligated not to modify, alter, or delete, either in whole or in part, the trademarks, trade names, commercial notices and/or ads, logos, content, databases, compilations, photographs, images, programs, applications, or in general, any indication referring to the ownership of the information contained on the Platform.
Any intrusion, attempt, or activity violating or contravening intellectual property laws and/or the prohibitions stipulated in these T&Cs will subject the responsible party to legal actions and the sanctions established by this agreement, and they shall be responsible for indemnifying any resulting damages.
10. LIABILITY.
All risks arising from the use of the PLATFORM, the use or contracting of any services offered on or in relation to PAYPAGA, and/or the use of any content shall be the responsibility of the USER. Therefore, PAYPAGA recommends acting prudently and exercising common sense when conducting operations. In no event will PAYPAGA or any of its directors, employees, agents, or affiliates be liable for damages, direct or indirect, resulting from the use of these conditions.
11. SYSTEM FAILURES.
PAYPAGA shall not be held responsible for any damage, harm, or loss to the USER caused by system failures, server issues, or the Internet. PAYPAGA will also not be liable for any viruses that may infect the USER's equipment as a result of accessing, using, or examining its website or due to any data transfer, files, images, texts, or audio contained therein, as well as any other information sent using electronic means.
PAYPAGA will make its best efforts to keep the Site operating correctly and free of electronic viruses. Nevertheless, PAYPAGA does not guarantee the absence of viruses, errors, disabling codes, or any other contaminating or destructive material in the available information or programs, or any PLATFORM failure. It is the USER's responsibility to have antivirus software, firewalls, and other electronic security systems.
The USERS cannot attribute any liability or demand payment for lost profits due to damages resulting from technical difficulties or failures in the systems or on the Internet. PAYPAGA does not guarantee continuous or uninterrupted access and use of its site. The system may occasionally be unavailable due to technical difficulties, Internet failures, or any other circumstances beyond PAYPAGA's control. In such cases, efforts will be made to restore services as quickly as possible, without incurring any liability on the part of PAYPAGA. PAYPAGA shall not be liable for any errors or omissions contained on its website.
12. COPYRIGHT AND INDUSTRIAL PROPERTY.
PAYPAGA, the PLATFORM, all material and content therein, as well as its logos, are trademarks, domain names, and/or trade names owned by their respective holders, protected by international treaties and applicable federal, local, or international laws on intellectual property and copyright.
The copyright for the content, organization, compilation, information, logos, programs, applications, or in general, any information contained or published on the PLATFORM is duly protected in favor of PAYPAGA, its affiliates, strategic allies, suppliers, and/or their respective owners, in accordance with the applicable legislation on intellectual property.
The USER expressly agrees not to modify, alter, or delete, either in whole or in part, the notices, trademarks, trade names, signs, advertisements, logos, or any indication regarding ownership of information contained on the PLATFORM.
In the event that the USER transmits any information, programs, applications, software, or in general, any material requiring licensing through the PLATFORM, the USER hereby grants PAYPAGA a perpetual, universal, free, non-exclusive, worldwide, and royalty-free license, including sublicensing, selling, reproducing, distributing, transmitting, creating derivative works, displaying, and publicly performing such materials.
The foregoing applies equally to any other information that the USER sends or transmits to PAYPAGA, including, without limitation, ideas for renewing or improving the PLATFORM, whether included in any area of the PLATFORM, through known or future-developed means of transmission.
The USER expressly waives, at this time, any action, claim, or demand against PAYPAGA, its affiliates, or suppliers for any current or future violation of any copyright or intellectual property right arising from the information, programs, applications, software, ideas, and other materials that the USER sends regarding the PLATFORM.
PAYPAGA reserves the right to block access or remove, in whole or in part, any information, communication, or material that, at its sole discretion, may be: (i) abusive, defamatory, obscene, or offensive; (ii) fraudulent, deceitful, or misleading; (iii) in violation of copyright, trademarks, confidentiality, trade secrets, or any third-party intellectual property right; or (iv) in any way contrary to what is established in these T&Cs.
13. INDEMNIFICATION.
The USER shall indemnify PAYPAGA, its affiliates, related companies, directors, administrators, representatives, employees, suppliers, vendors, and advisors for any action, demand, or claim arising from any breach by the USER of these T&Cs, including, without limitation: i) Any aspect related to the use of the www.PAYPAGA.com platform; ii) The information contained or available on or through said site or any libel, defamation, or any other conduct violating this document by the USER in using the mentioned PLATFORM; iii) Violation of applicable laws or international treaties regarding intellectual property rights, content, or available through said website.
14. CLARIFICATIONS.
Any clarification or claim that USERS have related to these T&Cs must be addressed for direct attention to PAYPAGA with the documentation proving its validity. It's understood that for a clarification to be valid, it must be submitted within 90 (ninety) natural days following the date on which the operation in question was carried out. After this period, any clarification or claim will not, at any time, be the responsibility of PAYPAGA. Thus, any operation carried out through the PLATFORM will be considered accepted by the USER.
15. TERM AND GRACE PERIOD.
The term of these T&Cs will be one year from the signing date. After the Contract's term, it will automatically be renewed for equal successive periods unless either PARTY communicates in writing its intention to terminate it. Even after the Contract's termination, the USER remains obliged to fully comply with all payment obligations derived from it.
The USER will have a ten-business-day period after signing the Contract to cancel it without any responsibility, in which case PAYPAGA cannot charge any commission since the USER has not used or operated the contracted products. A cancellation request through the PLATFORM will suffice. This cancellation will be valid as long as the USER has not used the services.
16. TERMINATION AND EARLY MATURITY.
a) Early Termination
The USER may request at any time the early termination of these T&Cs from PAYPAGA through a request delivered via the channels established within the PLATFORM or to the email [email protected]. PAYPAGA will acknowledge receipt and provide a progressive number indicating the attention to the request, ensuring the authenticity of the USER's identity.
As a result, PAYPAGA will terminate the commercial relationship with the USER on the next business day, provided that the debts and commissions charged up to that date are settled. PAYPAGA must provide the USER with an acknowledgment or confirmation code for cancellation, waiving both parties any residual charges that may persist after the cancellation.
If the USER still has debts with PAYPAGA, to proceed with the termination of the commercial relationship, they must settle the outstanding amount within 10 (ten) business days from the date of receiving the corresponding notice from PAYPAGA.
During the term of these T&Cs, the USER will pay PAYPAGA for damages resulting from the improper use of the PLATFORM. Upon early termination, PAYPAGA will not process requests for new registrations of those USERS, nor will it provide any other services to them.
b) Early Maturity
PAYPAGA may declare the Contract matured early, without any liability, by notifying the USER in writing through the email indicated by the USER in the Carátula, and without requiring judicial declaration, if the USER incurs in any of the following events:
- If the USER fails to pay any amount due under these T&Cs on its maturity date;
- If any information or data provided by the USER in their identification forms or any other document turns out to be false;
- If within 5 (five) days following the date of any change in the information contained in the mentioned forms or any other document delivered to PAYPAGA, the USER fails to notify PAYPAGA of such change in writing and it significantly affects the conditions for providing the service;
- If the USER fails to comply with or observe any terms, agreements, or covenants within this document;
- If any event or condition arises, at PAYPAGA's sole discretion, giving reasonable grounds to believe that the USER will not be able to fulfill their obligations under these T&Cs.
The PARTIES expressly agree that upon termination of the Contract as provided in subsection e) above, PAYPAGA's commitment to carry out operations and services with the USER referred to in these T&Cs will be immediately extinguished. All amounts owed by the USER to PAYPAGA at that time will be due and payable immediately, without the need for presentation, requirement, demand, request, or any other notice of any nature, to which the USER expressly waives hereby.
17. NON-TRANSFERABILITY.
The USER shall not assign or transfer the rights and obligations of this T&C agreement without the written consent of PAYPAGA. PAYPAGA may partially or totally assign the rights and obligations of this T&C agreement to a subsidiary, holding company, or related party for the proper fulfillment of the purpose of this agreement, provided that PAYPAGA informs the USER in advance about the assignee's name.
18. JURISDICTION AND APPLICABLE LAW.
These T&Cs will be governed in all respects by the laws in force in Monterrey, Nuevo León, Mexico. Particularly concerning data messages, contracting, and electronic commerce, they shall be governed by the provisions of the respective federal legislation. Any dispute arising from this agreement, its existence, validity, interpretation, scope, or compliance, shall be submitted to the applicable laws and competent courts. These T&Cs shall be subject to and interpreted in accordance with the laws and before the courts of the City of Monterrey, Nuevo León, Mexico.
20. ANTI-MONEY LAUNDERING.
The USER declares and warrants that the funds to be used for operations with PAYPAGA, in execution of these T&Cs, do not and will not come from activities related to drug trafficking, terrorism, or other illicit activities. They agree to provide the information requested by PAYPAGA for the proper identification of the USER and compliance with national regulations on anti-money laundering and terrorism financing. Additionally, the USER acknowledges being solely responsible for providing and requesting the USER's knowledge information, excluding PAYPAGA from said responsibility.
21. DISCLAIMERS.
The Federal Government and the Para-State Public Entities cannot be held responsible for or guarantee the resources of USERS used in transactions with Financial Technology Institutions or others, nor assume any responsibility for the obligations contracted by Financial Technology Institutions or by any USER against another, by virtue of the transactions they enter into.
22. ANTI-CORRUPTION.
The Parties undertake that, on the date of acceptance of these T&Cs, neither they nor their directors, officials, or employees have offered, promised, delivered, authorized, requested, or accepted any undue advantage, whether economic or otherwise (or insinuated that they will or could do so at some future time), related in any way to the contract and that they have taken reasonable measures to prevent subcontractors, agents, or any other third party subject to their control or significant influence from doing so.
23. SECURITY.
The USER acknowledges that PAYPAGA has warned them about various scams using the network to carry out illicit transactions such as Smishing, Phishing, Pharming, etc. For this reason, it is the responsibility of each USER to implement the corresponding measures to avoid becoming a victim of any of these crimes.
24. CONSENT.
Under no circumstances may the USER use the services provided by PAYPAGA unless they have accepted, or it is considered that they have accepted (by accessing the PLATFORM or using the services). Therefore, they accept and acknowledge that accepting these T&Cs has the same legal effect as signing their physical signature on any contract or agreement of wills, constituting their will and consent free from any defect, accepting all the contained terms.
25. MODIFICATIONS.
The parties acknowledge and accept that these T&Cs, as well as any other document forming part of this agreement, may be unilaterally modified by PAYPAGA, provided that prior notice is given 30 (thirty) natural days in advance of the date on which the modification takes effect. Modifications will be valid upon the express or tacit acceptance of the USER, so it is understood that once said documents have been delivered or made known to the USER, and provided that nothing to the contrary is expressed within 3 (three) business days following their delivery or knowledge, said documents and their content shall be applicable and valid for the USER.
26. DISCLOSURE OF INFORMATION.
The Contracting Parties shall not incur any liability when the Confidential Information provided to them becomes known to any third party due to any of the following causes:
- When the Confidential Information becomes public domain during the term of the Contract, without any breach by either Party of its confidentiality obligations as established in the Contract;
- When the owner of the Confidential Information authorizes in writing, through their duly authorized representative(s), that the other Party disseminate the Confidential Information without restrictions to third parties, as established;
- In case either Party is obliged by legal, administrative, or judicial order to disclose, in whole or in part, the Confidential Information. The USER must inform PAYPAGA at the moment they become aware of the corresponding requirement. If the requirement referred to in this clause is unclear or not delimited concerning the information to be disclosed, the USER must request the corresponding administrative or judicial authority to delimit the corresponding Confidential Information.
- When either Party obtains the Confidential Information from a third party without any breach of the Contract.
In any case, the disclosure of any type of USER information by PAYPAGA to Financial Authorities will not imply any violation of legal confidentiality obligations, nor constitute a breach of restrictions on information disclosure established by any contractual means.