plus VATUnder the principle of the principle of Autonomy of the Will, regulated in article 6 of the Organic Law for the Development, Regulation and Control of Technological Financial Services and in compliance with Ecuadorian laws. Within these Terms and Conditions of service, the contractual relationship between the Users (hereinafter, “Users”), and PAYMON S.A.S. is regulated. (hereinafter “PayMon”). Users will be subject to these Terms and Conditions, along with all other policies and principles of PayMon and which are incorporated herein by reference. The service is provided exclusively in the Republic of Ecuador.
DEFINITIONS:
PAYMON: Legal entity whose corporate purpose is the intermediation of application services for specific purposes. As well as the development of operating systems, commercial applications, the purchase and sale of goods and services from and to cafes, restaurants, and final consumers.
SHOPS/CAFETERIAS: Natural or legal person that displays, offers, and markets products or services, through the PayMon Platform, so that they can be purchased by Users.
COMMERCIAL ALLIES: Natural or legal person that exhibits, offers benefits to subscriber users of the PayMon Platform.
SUBSCRIBER USER: Natural person, of legal age, who has the legal capacity to contract and has no impediment according to the laws of Ecuador, who is entitled to create child users. That as the final recipient, uses the PayMon Platform to acquire for the child user the products displayed, offered and marketed by the cafeterias through the platform.
CHILD USER: Natural person, minor. Whose account is linked to that of a subscriber user. It is clarified that in this account, the final recipient uses the PayMon Platform to acquire the products displayed, offered and marketed by the cafes through the platform.
FIRST.- OBLIGATIONS OF THE USER/SUBSCRIBER:
By virtue of accepting these Terms and Conditions, the User undertakes to:
· Enter your Personal Data in a truthful, accurate, adequate manner that belongs to you regarding your identity, age, payment method when registering on the PayMon Platform.
· Declare that you are of legal age, or have explicit permission from your legal representatives, and that you have full capacity to use both the software and contactless devices.
· Notify PayMon regarding any unauthorized use of your account within the Platform.
· Refrain from using the PayMon Platform to carry out acts contrary to morality, law, public order, and good customs against the Paymon platform staff, store/cafeteria staff, and their Business Partners.
· Have sufficient funds to process the payment of the orders requested by the child user in Cafeterias.
· Register payment methods in accordance with the verification process within the PayMon Platform. If you do not do so, your recharge will be rejected by the validations department. It is clarified that by bank transfer, we request that the receipt from the bank be uploaded to the platform in order to be viewed by the Validation Department, which is responsible for approving the recharges.
· Promptly notify the loss or deterioration of the child user’s contactless device to the store/cafeteria staff or through PayMon support.
· Check frequently for recent new updates to mobile applications.
· Refrain from registering payment methods owned by third parties without their authorization.
· The subscriber User acknowledges and accepts that PayMon may deduct the value of the order generated by the subscriber user or child user from the balance enabled on the platform.
· Receive the products requested through the PayMon Platform of the business/cafeteria.
· Verify that the products requested through the PayMon Platform correspond to those requested by the subscriber User or child User.
· Verify the policies of the business/cafeteria regarding the reservation, cancellation and refund times of the displayed products offered and marketed through the PayMon platform. Clarifying that businesses/cafeterias have full autonomy in determining these policies.
· Report the pre-existence of allergies of the child subscriber through the PayMon platform to the business/cafeteria.
· Find out about the instructions for use and consumption of the products requested through the Platform.
· Make sure that the order data (products, delivery location, schedules) are correct before requesting it.
· Refrain from impersonating other Users.
· Refrain from deciphering, decompiling or disassembling any element of the PayMon Platform.
· Refrain from having more than one (1) account as a subscriber user on the PayMon Platform with the same Personal Data. The User acknowledges and accepts that PayMon reserves the right to deactivate accounts that do not comply with these parameters.
· Maintain custody of the mobile, portable or contactless device through which you access the balance on the Paymon Platform, guaranteeing that third parties do not have improper access due to actions or omissions of the User. It is clarified that, in the event that it is evident that the User has not properly safeguarded his or her mobile or portable device, PayMon will not have any type of responsibility for unauthorized access by third parties to the Platform.
· Maintain custody of the credit/debit cards and bank accounts registered on the PayMon Platform, to prevent third parties from carrying out unauthorized transactions, understanding that, if they occur, PayMon has neither responsibility nor control for such events.
· Safely and confidentially store your Account password and any identification provided to allow you to access the PayMon Platform.
· Treat PayMon support staff and in-store service agents with respect.
· Verify each of the amounts indicated at the end of the purchasing process.
· Refrain from using the intellectual property of PayMon and/or the Commercial Partners for purposes not expressly authorized by them.
· The legal representatives of the child Users who are minors expressly declare that they have authorized the latter to register on the PayMon Platform, understanding that they are responsible for the use of the Platform by the child Users, without PayMon, for this reason, assume any responsibility.
In the event of non-compliance with any of the obligations contained in this section, PayMon reserves the right to permanently block the subscriber User’s account on the Platform.
SECOND.- ACTIONS OF MISUSE BY THE USER:
If the subscriber user or the child user incurs any of the actions detailed below. PayMon reserves the right to cancel your account without the right to return the deposit, without repetition
· You will not attempt to access, use and/or manipulate the data of PayMon, Merchants/cafes and other users of the platform.
· You will not introduce or spread any computer virus or other physical or logical systems that are likely to cause damage to the PayMon Platform.
· You will not use an account that is subject to any rights of a person other than yourself without appropriate authorization.
· You will not have the power to resell your Account to a third party.
· Not to damage the PayMon Platform in any way, or access restricted resources on the Platform.
· Refrain from publishing, transmitting or disseminating any content that could violate the rights, integrity or good name of PayMon, and its affiliates.
In cases of complaints, claims or recommendations that contain content of a threatening, defamatory, libelous, slanderous, obscene, scandalous or harmful nature, by the subscriber user or/and the child user; or any material that could instigate or constitute a crime or contravention classified under Ecuadorian legislation; or may result in any type of civil liability; or violate any regulations.
THIRD. – PAYMON OBLIGATIONS
By virtue of accepting these Terms and Conditions, PayMon undertakes to:
· Safely safeguard the financial information and personal data provided by the subscriber user and child user. Following international standards and the provisions of the Ecuadorian legal system, especially observing the Organic Law on Protection of Personal Data.
· Carry out the trust assignment under the terms and conditions detailed herein.
· Provide assistance to the user when required, by email, info@paymon.io, call or text message to our support number 096 418 6040.
· Always maintain an updated version of the platform’s terms and conditions.
· Immediately correct any error, technical interruption or any defect in the PayMon platform. In order to guarantee its continuous use.
· Inform the subscriber user and the child user of new updates on the platform.
FOURTH.- ACCEPTANCE:
The User, at the time of registering on the PayMon Platform, voluntarily accepts in advance, expressly and informed the content of these Terms and Conditions in their entirety, therefore, is irrevocably bound by them. This means that the User declares that they have read and understood all the conditions in these Terms and Conditions, expressing their agreement and acceptance when registering and using the PayMon Platform.
If for any reason or reason the subscriber user does not agree with any of the clauses stipulated in this instrument, or is not able to fully comply with them, he or she must refrain from using the platform immediately.
FOURTH.- TYPES OF SUBSCRIPTION:
PayMon establishes different types of subscriptions depending on the payment frequency such as: Monthly, Semiannual or Annual, the latter including greater benefits for the subscriber user. The prices of the subscription types are expressed in American Dollars. It is clarified that the subscription types will be enabled as agreed with each of the businesses/cafes at the time of signing the contract for the use of the PayMon platform.
The preferred subscription payment method is through a discount from the balance of the subscriber users or from the balance of the child user. The subscriber user is obliged to pay the value of the chosen subscription at the time of registering data on the PayMon platform. It is clarified that the start of the subscription is from the day the first payment is made.
Subscription payment will be made for each child user. Depending on the type of subscription that the subscribing user manages, additional child users will have an additional cost. It is clarified that this amount is as agreed with each of the businesses/cafeterias at the time of signing the contract for the use of the PayMon platform.
The payment frequency in the Monthly, Semiannual and Annual plans are considered to only be charged during class periods, that is, ten (10) calendar months, therefore, during vacation periods it will not be charged unless you use the service. in any vacation activity in which the business/cafeteria of the Educational Unit is involved.
The subscriber user is specified that they will be in “Non-payment” status if they do not have enough balance in their PayMon account to debit the cost of the subscription. The payment will be retried during the next 5 days. If the payment cannot be processed, the subscriber user, their child users and all their contactless devices will be activated until payment for the service is made.
FIFTH.- SUBSCRIPTION CHANGES
The subscriber user may make the subscription change, whenever it is convenient, as long as it is done under the following parameters:
· If the current subscription change is for one of a higher value, the values of the current subscription are credited to the cost of the subscription that you wish to change. The subscribing user is charged the remaining value by discounting the balance of the PayMon account.
· If the current subscription change is for a lower value, it can be done up to one (1) month after the subscription payment has been made. Once this period has expired, any change will be enabled once the subscription time has expired.
SIXTH.- REFILLS:
PayMon establishes three types of balance recharges for its subscriber users and/or child users. Recharges by bank transfer or credit/debit cards are done through the PayMon platform. This can be through the website https://paymon.io and/or mobile application. Cash recharges can be made directly at the businesses with which PayMon maintains a contractual relationship; this means can be done by both the subscriber user and the child user. The three types of balance recharges are carried out in American Dollars.
Refills are subject to a “Service Charge”. This charge replaces the subscription charge for end users. Credit/debit card top-ups are made using the Kushki payment gateway and are subject to a variable service charge of 4.79% plus a flat top-up fee of $0.30. The minimum recharge allowed by this means is $15 American Dollars. Recharges by interbank transfer are divided into immediate recharges from Banco de Pichincha through the Prometeo platform, or manual interbank recharges for all other financial institutions in Ecuador. Immediate interbank recharges from Banco de Pichincha are subject to a variable service charge of 1.5% plus a fixed charge (see table 1). The minimum recharge allowed by this means is $5. Manual interbank recharges are subject to the charge in Table 1 and the minimum recharge allowed by this means is $2. Users can top up cash directly at their establishments and cafeterias; these top ups are subject to the charges in table 1. It is important to note that the values mentioned do not include VAT. When recharging, the system will report the total amount to pay, providing transparency to the user.
Table 1: Service charge applicable for cash top-ups and interbank transfers.
| Amount (up to) | Fee | VAT |
| 4.99 | $0.35 | VAT included |
| 14.99 | $0.50 | VAT included |
| 49.99 | $0.75 | VAT included |
| 99.99 | $1.00 | VAT included |
| 149.99 | $1.50 | plus VAT |
| 249.99 | $2.00 | plus VAT |
| 250+ | $3.00 | plus VAT |
Tabla 2: Cobro de servicio aplicable para recargas en efectivo
|
Amount $ (up to) |
Fee |
VAT |
|
4.99 |
$0.00 |
No VAT |
|
14.99 |
$0.35 |
VAT included |
|
49.99 |
$0.50 |
VAT included |
|
99.99 |
$0.75 |
VAT included |
|
149.99 |
$1.00 |
VAT included |
|
249.99 |
$2.00 |
plus VAT |
|
250 |
$3.00 |
plus VAT |
SEVENTH.- VALIDATION OF RECHARGEES BY TRANSFER:
If the recharge is by manual bank transfer (that is, through the regular process), it will be validated by our agents in a period of up to twenty-four (24) hours. If the transaction is carried out during business hours, fifteen (15) minutes to two and a half hours (2h30) will be credited. If the transaction is made during a weekend (Saturday, Sunday) it will be validated from the first day and first business hour of the following week, because the recharges are validated in order of arrival by the validation department. It is important to highlight that manual recharges will only be validated if the recharge receipt is duly uploaded in the application. Once it has been validated, PayMon will notify the subscriber user or child user by email and/or notification in the mobile application. Therefore, in no case will it be PayMon’s responsibility that the subscriber does not find himself without credit if he did not do so taking this clause into account. On the other hand, immediate recharges via Prometeo will be credited immediately. It is important to note that this service is only active for transfers from Banco de Pichincha
EIGHTH. -TRUST COMMISSION FOR PAYMENTS TO THIRD PARTIES:
The legal representatives of the minors, through these terms and conditions, expressly accept the entrustment to PayMon, so that the money previously deposited in their account is solely and exclusively for the purpose of managing payment for a service or product of a business/cafeteria that maintains a contractual relationship with PayMon. For this purpose, they must deposit a value at the discretion and will of the legal representative. Once the deposit has been made and the value is reflected in the company’s accounts, it will be understood that the trust order has legal existence and will last until the deposited value is exhausted. Without prejudice to the aforementioned, it may be tacitly renewed whenever a new deposit is generated.
The money deposited in PayMon accounts intended for this purpose. It is safeguarded by the banking entities in which PayMon has its checking accounts, in which the money is kept until users begin to make purchases in the stores/cafeterias that maintain a contractual relationship with PayMon. It is clarified that the money does not leave PayMon accounts to the businesses, nor is it used for anything else, until the subscriber user or the child user begins to consume. Once the movement of money towards commerce is confirmed. Payment will be made to the business/cafeteria with whom a contractual relationship is maintained.
NINTH.- LEGAL NATURE OF THE PLATFORM:
Due to the structure and processes under which the service is managed, its provision constitutes an assignment of trust between the user and PayMon regulated by the rules contained in the Ecuadorian Civil Code and the Commercial Code, executed through a digital platform or software designed by the latter. This scheme at no time or part of the process corresponds, in whole or in part, to a financial or fiduciary activity regulated by the rules of the Organic Monetary and Financial Code, or subject to control and regulation of the Superintendency of Banks or the Central Bank of Ecuador.
Despite the use of the digital platform or software as a means of executing the order, due to the nature of the service, it cannot be understood as a digital wallet or payment button. Likewise, the funds received by PayMon from subscriber users or child users to make payments do not constitute, in whole or in part, the collection of funds or resources, expressly stating that these funds do not generate performance, interest, or revenue. any for the user while they are in PayMon’s possession.
Likewise, the user acknowledges that the services for which they have paid or intend to pay are the responsibility and charge of third parties as affiliated businesses, so all funds delivered or credited to Paymon will be destined, in whole or in part, to the payment of the services and goods acquired by the users of the affiliated businesses, with Paymon being only creditor of the commission that corresponds to it for the execution of the entrusted order.
TENTH.- USE OF THE PAYMON PLATFORM:
The PayMon Platform is a software developed where you, using the Internet, have the option of accepting the use of the web platform, mobile applications and contactless devices, for the trust order necessary for the payment and collection management of all payments. products and services that belong to businesses/cafeterias to PayMon. That is, through the trust charge, a deposit will be generated in favor of PayMon, who will be enabled to manage on behalf of the users payments to affiliated businesses for consumption made by the main user or by their additional profiles. The value deposited by the subscription user will become part of their virtual account and may be debited for consumption or their additional profiles through the contactless platform and devices, a management that will be carried out by PayMon through the necessary technological means.
PayMon acts at all times as a third party intermediary between Commerce/Cafeteria, Users and Commercial Partners. Likewise, the subscriber and child Users accept and understand that PayMon does not provide delivery or delivery services of the products. Furthermore, Users acknowledge that Paymon does not market products or services, nor does it provide cafeteria services. The prices, quantity, availability and characteristics of the products and/or services displayed on the PayMon Platform are determined directly by the Merchants/Cafes and not by PayMon.
By using our platform, you confirm that you have read, understood and accepted these terms and conditions, as well as the privacy policy and the use of cookies.
ELEVENTH.- DATA PROTECTION
PayMon, together with the businesses/cafes that maintain a contractual relationship, takes responsibility for the personal data entered by the user on its platform and undertakes to take all security measures to protect user data, especially during the processing of the payment, with the aim of preventing them from being deformed, modified or damaged by third parties and from being accessible to any unauthorized person. Following international standards and the provisions of the Ecuadorian legal system, especially observing the Organic Law on Protection of Personal Data.
In no case is the personal data collected shared with third parties; This company will not sell, assign or distribute the user’s personal information without the express consent of the owner, unless required by a judge with a court order, resolution or motivated mandate from a competent public authority.
Both the subscriber user and the child user declare that they know and comply with Ecuadorian legislation regarding personal data. All personal data that the user provides to PayMon will be considered its property; any false or incorrect data will be the user’s sole responsibility.
The personal data that the user enters within the PayMon platform will be used only for:
· Provide information to the user of the requested service.
· Contact members using personal data.
The user may request suspension of sending such messages at any time.
Through the contact channels you can use the right of access, elimination, rectification and updating, opposition, portability, suspension, cancellation and limitation of the processing of your data. The revocation will not be granted with retroactive effect.
TWELFTH.- POLICY FOR PROTECTION OF THE INTANGIBLE PROPERTY OF THE SITE:
Both the subscriber user and child user accept and declare that the industrial and intellectual property rights found within the PayMon platform including (without limitation, images, artistic creations, logos, commercial slogans, trade names, databases, software , infographics, color combinations, structure, technical devices, contents, applications, source codes, design, selection and layout, selection of used materials and informative videos are the exclusive property of PayMon.
Paymon is the owner of the copyrights, trademarks, software, patents, platform designs, along with all its related rights. The Organic Code of the Social Economy of Knowledge, Creativity and Innovation that rests in the Official Registry 889 of December nine (9), two thousand and sixteen regulates (2016), protects Copyright, Related Rights, Industrial Property and plant varieties in Ecuador. The violation of the rights described will be punished with the sanctions described by the Law according to the damage caused, the penalties applied to people or companies that incur damage to the Intangible Property of the platform.
THIRTEENTH.- LIMITS OF LIABILITY:
Under no circumstances will PayMon, its affiliates, subsidiaries, licensees, directors, workers, partners, agents, commission agents, agents, unofficial agents or third parties who have express authorization from said company be responsible for the lack of credit resulting from banking factors, monetary, accounting and in general any situation unrelated to the management of the Software. Furthermore, you will not be responsible for any damages of any kind.
FOURTEENTH.- APPLICABLE LEGISLATION:
These Terms and Conditions will be governed and interpreted in accordance with the current laws of the Republic of Ecuador. In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be effective to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed. of these Terms and Conditions. Such determination will not affect the validity of the applicability of the other remaining provisions.
FIFTEENTH.-MODIFICATION OF TERMS AND CONDITIONS:
You as a subscriber user or child user can review the most current version of these Terms and Conditions at any time on our page and mobile application. PayMon reserves the right, at our discretion, to update, change or replace any part, these occasional changes will be made in relation to the service object of this instrument provided directly by email provided by the user, as well as indirectly , through publications, updates through our website https://paymon.io and through the mobile application.
Likewise, it may undergo modifications, changes or updates derived from new legal requirements; of our own needs for the services we offer; of our privacy practices; of changes in our business model.