Terms and Conditions of Use of the SmileWallet Services

Last Updated: May 14, 2018

This document describes the general contracting conditions (the "Terms and Conditions" or the "T&C") applicable to the use of the services offered by SmileWallet, ("the Services").

Any person with legal capacity to contract (hereinafter the "User" or the "Client" or in plural "Users" or "Clients") who wishes to access and / or use the Services may do so subject to these Terms and Conditions, together with all the other policies and principles that govern SmileWallet which are incorporated herein by reference.

ANY PERSON THAT DOES NOT ACCEPT THESE TERMS AND CONDITIONS, WHICH HAVE AN OBLIGATORY AND BINDING NATURE, SHALL REFRAIN FROM USING THE SERVICES.

1. Account registration

It is mandatory to complete the registration form in all its fields with valid data in order to use the Services provided by SmileWallet. The future User must complete it with his personal information in an exact, precise and true way ("Personal Data") and assumes the commitment to update the Personal Data as necessary. The User expressly agrees that SmileWallet uses various means to identify their personal data, assuming the User the obligation to review them and keep them updated. SmileWallet is not responsible for the accuracy of the Personal Data of Users. The Users guarantee and respond, in any case, of the veracity, accuracy, validity and authenticity of their Personal Data.

In its sole discretion, SmileWallet may require additional information to Users who contract any of the Services or its supplements. In these cases, the Services may not be available until the additional registration process is completed and authorized.

In the same way, some Services are only available to Users who have signed a particular contract with SmileWallet, so the commercial relationship with these Users will be governed by the provisions of that special documents, without prejudice to the supplementary application of the present T&C.

SmileWallet reserves the right to request additional documentation and/or data in order to corroborate the Personal Data or any other circumstance related to the User or the commercial activity that it develops, as well as to suspend temporarily or definitively those Users whose data can not be confirmed or its activities are suspicious at the sole discretion of SmileWallet. In such cases, SmileWallet does not have the obligation to express the reasons for disqualification, suspension or cancellation of the User's account and without this generating any right to compensation or compensation.

The User will access his account ("Account") by entering his username or email and password ("Password"). The User undertakes to maintain the confidentiality of his Password.

The Account is personal, unique and non-transferable. The User will be responsible for all operations carried out on his Account, since access to it is restricted to the entry and use of his Password, of exclusive knowledge of the User. The User agrees to notify SmileWallet immediately and by suitable and reliable method, any unauthorized use of your Account, as well as the entry by unauthorized third parties to it. It is made clear that the sale or transfer of the Account is forbidden under any circumstances.

2. General description of the Services

SmileWallet offers payment processing services and other related services through the administration of various digital and organizational resources, hereinafter the "Platform" (any of them, indistinctly, the "Service" and, jointly, the "Services", as appropriate).

To describe the Services, we use some terms that are described below:

Buyers: the human or legal persons who acquire products, goods or services offered by the Users for sale.

Conciliators: software products (developed internally by SmileWallet and / or by third parties) dedicated to the reconciliation of operations or transactions.

Chargeback: is the buyer's ignorance of purchase made by the Payment Methods used.

Payment Methods: payment instrument used by Buyers to acquire products, goods or services of the User, either in a non-present mode or present modality.

PCI_DSS: information security standards of the payment card industry to manage security, policies, procedures, network architecture, software design and other measures to protect the sensitive information of credit and debit cards, which they are governed by an independent international body dedicated to standardizing and protecting the security of payment cards to reduce fraud.

Processors: the entities that are technologically connected to SmileWallet and are responsible for processing the transactions received with the different Payment Methods offered to the Buyers.

SmileWallet Payment Processing Services (Gateway or Collection): Technology services provided by SmileWallet that offer (i) a solution that facilitates the processing of transactions with different means of payment; (ii) other Additional Services, which may be contracted and used by Users.

SmileWallet Prepaid Card: consists of a payment card issued by a Payment Method and managed by SmileWallet in which the User anticipates the amount of consumption that will be made with it. The Prepaid Card may be issued in favor of the User or in favor of a third party, provided that this is instructed by the User and accepted by SmileWallet in accordance with its internal policies.

3. The Services in particular

3.1. SmileWallet Gateway Service - Scope.

The Gateway Services involve the management on behalf and order of third parties of the collection of: (i) the sales of goods and / or services offered by the User to their Buyers through one or more Payment Methods; (ii) money transfers made by Buyers in favor of the User, all through various technical and technological means of SmileWallet that allow the Users to offer their Buyers the use of various Payment Methods, the technological processing of such payments, authorizations, and their conciliation with respect to the User, the return and capture of transactions operated through SmileWallet, among other solutions.

3.2. SmileWallet is not responsible for delays, defects or technical deficiencies and / or operating system of the User or the Processors. In this sense, SmileWallet will not be responsible under any circumstance for any damage, prejudice, injury or loss suffered by the User due to failures in the Internet, systems or servers used by the User, or failures in systems, platforms, servers, and / or in the technology provided by the Processors and / or the Acquirers.

3.3. SmileWallet reserves the right to change, modify and / or alter the technological platform provided by the SmileWallet Service in whole or in part, according to its exclusive criteria or business needs.

3.4. The User accepts that prior to the availability of the SmileWallet Services, SmileWallet makes the necessary configurations, including the possibility of performing tests of transaction testing.

3.5. The User accepts and acknowledges that he is responsible to SmileWallet against the possible Chargebacks he receives from his Buyers, whatever the Payment Method used to make the payment. In this regard, the User acknowledges and accepts that once managed, those Chargebacks that cannot be recovered, will be deducted from your Account.

In the event that the Payment Method informs SmileWallet of the existence of a Chargeback, the User agrees to provide SmileWallet with all the information of the purchase that he had in his possession or out of his knowledge, under the resources and technical means that SmileWallet I made it available, authorizing SmileWallet to use this information in order to manage the eventual recovery and work on processes of continuous improvement in fraud prevention and recovery services. The incomplete, erroneous, deficient and / or delayed sending of this information could affect the performance of SmileWallet fraud and recovery management services, which the User declares to know and accept.

The User acknowledges and accepts that he is solely responsible for the purchase transaction that his Buyers will eventually make and, therefore, undertakes to carry out all the actions that are within his reach to verify the identity of the Buyer, and must ensure its accuracy, certainty and current affairs, all of which the User accepts and acknowledges.

4. The prepaid card service - Scope

The Service consists of the management of funding, delivery, activation and balance of Prepaid Card. The Prepaid Card will be issued in the name of the User or in the name of a third party beneficiary over 14 years of age, designated by the User. The Prepaid Card is a plastic and nominated non-transferable purchase card, which may be used only by the person whose data is printed on it, who will be called “Holder”, to carry out the payment operations in stores that accept it.

The User requesting the Prepaid Card takes cognizance, and if necessary, undertakes to instruct the Holder, regarding: a) the present contracting rules and conditions and in particular regarding: (i) the Prepaid Card can only be used for lawful purposes and according to the own conditions and that eventually govern the product; and ii) that it will be the sole responsibility of the Holder to manage and safeguard the plastic and funds available therein.

The Prepaid Card can only be used against the previously charged balance, to acquire goods or obtain the provision of services in any of the commercial establishments that have POS terminals and are attached to the Mastercard network of merchants in the country or abroad . The activity of SmileWallet in this type of operations is limited to a simple intermediation in payments, so it is alien to the relations between the Holder and the supplier of goods or services. The Prepaid Card can also be used to obtain cash through ATMs, and must necessarily have a PIN, which must be requested by the Holder to SmileWallet. Transactions made with the Prepaid Card will reduce the existing available charged balance in the Prepaid Card. In no case will it be possible to carry out transactions with the Prepaid Card for an amount greater than the balance available at any time.

The Holder and the User know and accept as proof of their operations and proof of the amount of the same, the one that appears on the voucher signed by him, in the respective settlements, or in those issued by the ATMs in the case of being available, as well as any other electronic or physical document that reasonably allows to establish that the charge was made by the Holder. For the use of the Prepaid Card for withdrawals at ATMs, the limit of transactions reported will apply. Cash withdrawals at ATMs will have a fixed cost that will be deducted from the available balance of the Prepaid Card.

SmileWallet may immediately cancel a Card if it is used improperly, fraudulently or if there is evidence of suspicious movements that may be indicative of violating provisions against money laundering or any other violation of current regulations.

The requesting User and / or in his case the Holder will be liable for any consumption that is made with the Prepaid Card lost or stolen, until the realization of the telephone complaint. In case of omitting the notification process, they will be responsible for all purchases made with the Prepaid Card lost or stolen, until its expiration or eventual recovery by SmileWallet. In the event of a complaint, the blockade will be processed by SmileWallet and effective from the zero hour of the day of the report of the theft or loss, but it will respond unlimitedly for previous uses. SmileWallet will not respond to or reimburse the Prepaid Card Holder or the User for any damages that may have been caused to him until the blockade has been carried out. If the Prepaid Card lost or stolen returns to the Holder's power for any circumstance and has been reported, such Prepaid Card may not be used, must be rendered unusable and delivered to SmileWallet. In that case, there may be a replacement charge.

Taxes that directly or indirectly tax the Prepaid Card or the expenses incurred with it will be charged to the Holder.

5. Prices - Billing

The costs for the SmileWallet Services that the User decides to contract are described in an agreement complementary to these General Conditions, which in some cases will be explicit in the User's account and in others it will be written in particular document.

As a general rule, SmileWallet will invoice its Services monthly. The invoices will indicate the commissions charged and, if applicable, the withholdings tax payments that were applicable, corresponding to the immediately preceding calendar month. The invoices will include the Value Added Tax (VAT) when applicable and any other tax that may correspond.

The price of the service will be discounted from the amount of each transaction made through the User's account. The User expressly authorizes SmileWallet to debit and / or to offset any amount credited to the User's account owed to SmileWallet. The sums that are credited to the User's account guarantee the payment obligations of the User assumed by the contracting of the Services, for which, SmileWallet will be entitled to partially or totally retain the balances of the account, until they are canceled all payment obligations owed.

In the case of applying taxes, withholding tax or tax perceptions established by the current norms (national, provincial or municipal), these will be calculated on the basis of calculation established by the norms that regulate the aforementioned taxes or regimes, and they will be in all cases in charge of the User.

6. Intellectual property

6.1. The technology, developments, integration phases and the entire application that makes up the SmileWallet Services are the exclusive property of SmileWallet, including its functionality, codes, architecture, visual appearance and implementations.

6.2. The SmileWallet Service will be facilitated by means of a digital environment, to facilitate that the User has access to the Services, as far as possible.

6.3. The User will be irrevocably obligated to make good use of the SmileWallet Services, and must comply with the security requirements required by SmileWallet.

The User is obliged to use the SmileWallet Service only for their benefit and for the purpose of processing transactions of their business, being strictly prohibited to share or assign the usability, integrations and other components of the SmileWallet Service, except by written authorization of SmileWallet.

7. Data protection - Data processing

SmileWallet will not sell, rent or negotiate with other companies the personal information of the Users excepts in the forms and cases established in the privacy policies. This data will be used to provide the SmileWallet Service. However, SmileWallet may share this information with value added service providers that are integrated within the SmileWallet website or through links to other Internet sites, to meet the needs of Users and / or Holders and / or Processors related to the services provided by SmileWallet.

Personal information is stored on servers or magnetic media that maintain high security standards. SmileWallet complies with PCI-DSS storage standards.

The User irrevocably authorizes SmileWallet and / or to whom SmileWallet designates, to record the operations of the User relating to the services provided by SmileWallet, and to use said recordings as a means of proof before administrative and / or judicial authorities. The proofs issued by SmileWallet shall be deemed sufficient evidence of compliance with the Services provided by SmileWallet, and replace the need for any receipt and are fully opposable to the User. For such purposes, the User and SmileWallet agree to grant probative value to the certificates issued as a result of the approvals or instructions given by the User, with the scope established in the current legislation.

8. General contracting conditions

The User declares that the purpose for which he contracts the SmileWallet Services does not violate any applicable law, nor will it be used to provide a service, sale or transmission that is prohibited by law or the General Conditions, such as and without limitation. a: (i) gambling; (ii) trafficking arms, explosives and munition, people, animals, or biological substances, narcotics and pharmaceutical articles, flora, fauna, derivatives and archaeological or heritage items, etc .; (iii) money laundering and / or financing of terrorism; (iv) pornography and pedophilia; (v) any type of activity that could be considered fraudulent or illegal or suspected of being so; (vi) express prohibitions or limitations that determine the means of payment to accept transactions with them.

The User declares that he has verified the legality of the funds that he eventually receives through the use of the Services provided by SmileWallet.

The User will not use the SmileWallet Services to transmit material that constitutes an offense or that may give rise, directly or indirectly, to civil, criminal and / or breach of these General Conditions.

Likewise, it is absolutely forbidden to use SmileWallet to carry out any operation carried out by a User for his own benefit and / or between two or more Users that may be considered or understood as a cash advance or loan, as well as the generation of funds without having a specific destination or related to a commercial transaction.

If SmileWallet considers that there is a suspicion or indication of the use of SmileWallet for any activity prohibited by law and / or these General Conditions, it may reject, cancel or suspend the use of the Services, and / or temporarily block access and use of the Services. an account and / or the use or availability of functionalities and / or definitively cancel an account. In such case, the User shall be liable for any damages that may have been caused to SmileWallet, its controllers, subsidiaries, affiliates or subsidiaries, officers, employees, directors, agents, and / or employees, for which purpose SmileWallet reserves the right to initiate the judicial or extrajudicial actions that it deems pertinent.

The User shall be exclusively and unlimitedly liable for the damages that his conduct may cause to SmileWallet or to the remaining Users of the SmileWallet services.

It is expressly stated that SmileWallet is not a financial entity nor does it provide the User with any banking or exchange service.

SmileWallet does not guarantee access and continued or uninterrupted use of your Site, or the Service. The system may not be available due to technical difficulties or Internet failures in the links or for any other circumstance other than SmileWallet.

All transactions or operations carried out by Users through the Services may be limited in their amount or frequency. These limits correspond to internal criteria and policies of SmileWallet or the Processors, which in no case will be made explicit to the Users, which they recognize and accept.

SmileWallet only authorizes the User to make use of its intellectual property for the fulfillment of the activities that derive from these General Conditions, on its website, directly related to the SmileWallet Service. Any other use of such intellectual property of SmileWallet is strictly prohibited.

The logos, emblems, logos, designs, structure etc. The means of payment permitted by SmileWallet are the exclusive property of said Payment Methods. The Users declare to know and accept that their use is allowed only for the purpose of offering such means of payment to their potential buyers or customers, and in no case will it be understood that the User will have any type of right over them. Users will not use brands, logos, emblems, logos, designs, structures, etc. of the means of payment permitted by SmileWallet or of any commercial brand in such a way that it can be understood as that the product or service offered by the User is sponsored, promoted, produced, offered and / or sold by means of payment or by the trademarks involved. Likewise, Users must refrain from any act that could cause damage, loss of reputation, or decrease in the value of said brands, or use them in a manner contrary to morality and good customs.

SmileWallet may modify these General Conditions at any time. SmileWallet will notify the changes to the User by publishing an updated version of said General Conditions on the site with expression of the date of the last modification. All modified terms will take effect immediately after their publication.

It will be valid and the User expressly accepts that all notifications made to Users by SmileWallet are directed (i) to the main email address registered by them (electronic special address), and / or (ii) to the User's account.