Paygol SpA (hereinafter, “Paygol”) is a Chilean joint-stock company whose main pursuit is to provide collection and payment processing services through the Paygol online Website or website www.paygol.com (hereinafter, the “Website”).
The present Terms and Conditions (hereinafter, the “Terms and Conditions” or the “Agreement”) are a binding contract between Paygol and any individual or entity that uses the Website to receive goods and services offered or marketed to end customers (hereinafter, the former will be referred to interchangeably as “Merchants” or “Users” and the latter as “End Customers”).
2. TERMS OF SERVICE
The User hereby states that, prior to electronically accepting the present Terms and Conditions, he or she has read, understood, and accepted all the conditions set forth in these Terms and Conditions and the other policies incorporated therein by reference.
Important: Any person who does not accept these Terms and Conditions, which are mandatory and binding, must refrain from using the Website.
The use of the Website, the application of these Terms and Conditions, the acts that are executed and the Agreements carried out on this Website, are governed by the laws of the Republic of Chile, and particularly by Decreto Ley No. 211 on free competition; Law No. 20,393 on the liability of legal entities, and Law No. 10,496 on consumer protection rights.
Upon acceptance of these Terms and Conditions they shall immediately enter into force and shall be understood to be incorporated in each of the operations that the User carries out by virtue of his or her Agreementual relationship with Paygol. The same will apply to any amendments or updates made to this document.
3. ACCOUNT REGISTRATION
Each and every User that wishes to use the Website must register through a Registration Form (hereinafter, the “Registration Form”) and accept these Terms and Conditions.
The User undertakes and guarantees that all the information provided in the Registration Form (hereinafter, “Personal Data”) is exact, precise, truthful and complete. The User hereby undertakes updating his or her Personal Data and Paygol will presume them to be correct unless they are updated of modified by the User.
Paygol will not be responsible for any omission or lack of accuracy of the Personal Data provided by the User. Merchants guarantee and are responsible, in any case, for the truthfulness, accuracy, completeness, validity and authenticity of the Personal Data entered. All the information and Personal Data entered by the User shall be deemed a sworn statement. The User will be responsible for any damages caused to Paygol or the End Customers due to the omission or inaccuracy in the information contained in the Registration Form.
Any and all personal information provided by Users, be it at registration or to make use of the Website, is bound by the provisions of Law No. 19,628 on the Protection of Private Life and any law that may modify or replace it in the future.
If a User is a legal entity, the person who fills out the Registration Form and accepts the Terms and Conditions must be of legal age and capacity to Agreement on behalf of such entity and legally bind it.
Paygol reserves the right to deny a registration request, or to cancel, suspend an account temporarily or permanently without expressing a cause, and especially, if it detects inconsistencies or incongruencies regarding the information provided by a User of if it detects activities that – in Paygol’s opinion – are suspicious, unusual, or go against the present Terms and Conditions. This decision will not give rise to indemnification or compensation rights for the User.
4. WEBSITE OPERATION
The User shall have access to the Website by entering his or her email address and personal password or other authentication mechanism provided by Paygol (hereinafter, the “Password”). The User shall be obliged to keep his or her Password confidential. Given the foregoing, the User shall be solely and exclusively responsible for all the operations made under his or her account on the Website.
When carrying out a transaction on the Website, the User shall issue a collection order directed to Paygol, so that Paygol collects the funds on his or her behalf, stating the following: email address and full name of the End Customer, the sum to be collected and a description of the reason of the collection (hereinafter, the “Collection Order”).
The Website will allow the End Customer to pay with his or her payment method of choice from the options provided by Paygol, from a device connected to the Internet.
Once the payment is completed by the End Customer, Paygol will notify the User that they payment has been carried out successfully via email to the email address stated in the Registration Form.
Transactions processed in a different currency to the one set up on the User’s account shall be subject to currency fluctuations and conversion costs. Given the foregoing, Paygol shall use a spread for the conversion of the currencies of each country. These spreads vary and are based on multiple factors that include, amongst others: the currency’s volatility, the amount of time that the funds were exposed to this volatility, bank conversion rates, etc.
The real sums collected through the Website (hereinafter, the “Collected Money”) and the amounts available discounting the Fee, payments owed to Paygol and other costs linked to the transaction, such as – for example – taxes (hereinafter, the Collected Money, discounting the Fee, payments owed to Paygol and other applicable charges, the “Money Due”), shall be reflected on the online Website, in the currency defined by the User in the Registration Form.
According to the manner set forth in the Registration Form, the User may request Paygol to deposit the Money Due, within the timeframe agreed upon by the parties. When the payment day is reached, in the absence of problems arising from third party actions, fortuitous events, force majeure, Personal Data errors, problems with banks, and any other obstacle beyond Paygol’s control, the Website will deposit the Money Due in the User’s bank account. Simultaneously, Paygol will send an email, to the User’s registered email address, informing that the payment order has been issued and will record this event on the Website. The User exempts Paygol from all liability if – for reasons not attributable to it – it is delayed in the payment of the Money Due.
If the receipt of payment is rejected by the User’s financial institution, the User shall be notified of said rejection through the Website. It shall be the User’s sole responsibility to correct the banking information provided to Paygol or carry out all the proceedings necessary before its financial institution in order to correctly carry out the payment. The User shall take on all the charges associated with reattempted payments incurred by Paygol.
Paygol shall issue an exempt sale invoice associated to the commission for the collection services provided through the Website.
5. PAYMENT AND COLLECTION MANAGEMENT POWER OF ATTORNEY
a.Irrevocable Power of Attorney. The User grants an irrevocable power of attorney to Paygol so that it can carry out the collection of money informed by the Merchant by the Collection Order it issued when using the Website. Paygol shall deposit the sums of money that it obtains from the End Customer in the bank account registered on the User’s Registration Form, previously discounting the service fees charged by Paygol for the collection services, any other amounts owed to Paygol, and any charges associated to the transaction, such as taxes, that Paygol is legally required to withhold.
Paygol shall render an account of the exercise of the power of attorney indicated above by sending the User a notification stating the information about the transaction, such as the date, Collected Money, Money Due, amongst others. Said account will be considered accepted by Paygol if, within 5 business days, the User does not express any objections.
b.Scope of liability. Paygol shall not be liable and shall not guarantee the fulfilment of the obligations that User may have entered into amongst each other or with third parties regarding the payment and collection done on the Website. The User acknowledges and accepts that by carrying out transactions with other Users, End Customers or third parties, he or she is doing so of his or her own volition and under his or her own risk and responsibility. Paygol shall not, under any circumstances, be responsible for any income loss, or any other damages that a User may experience on account of the transactions carried out on the Website, that is not attributable to Paygol’s fault or wilful misconduct.
Given that Paygol is foreign to the obligation that originated the Collection order, it shall not be responsible for the causes, sums, or any other circumstances that are linked to said Collection Order. The same applies to the existence, quality, quantity, operation, state, integrity, or legitimacy of the goods or services offered, acquired, or disposed of by the Merchants. The Website only facilitates the collection of the payments generated in a transaction prior to the service it provides.
If one or more Users or a third-party file any type of complaint or legal action against another or other Merchants, each and every one of the Users involved in said complaints and legal actions relieves Paygol, its related entities, its directors, manages, employees, agents, operators, representatives and attorneys of all and any responsibility. Likewise, the User expressly waives the right to exercise the legal actions of any nature that he or she may be entitled to, unless there has been gross negligence or willful misconduct on Paygol’s behalf.
6. PAYMENT OPTIONS
The payment solutions offered by Paygol to its Users are the following:
This is the integration of a payment screen on the User’s website. This method allows the User to add logos and wallpapers to make it into a familiar experience for its End Customers, so as to avoid abandoning the payment, considering that branding is important for them to feel comfortable and secure whilst they carry out the payment.
This service is like Web Checkout, but with a White Label. This means that the End Customer does not abandon the Merchant’s website when paying, and has no direct contact with Paygol – thus becoming invisible to the End Customer in this process. In this case, the notifications will be sent directly and instantly to the End Customer’s server.
This provides the User with the possibility of charging the End Customer without an integrated system. It is a technological solution designed to send a payment request to the End Customer via email (hereinafter, the “Payment Link”).
The User may send multiple Payment Links within minutes. Additionally, the Merchant may share the Payment Link on various social media Websites, such as WhatsApp, Instagram, Facebook, etc., in order to carry out a sale.
The User hereby accepts paying Paygol a commission for the services he or she uses (hereinafter, the “Fees”), according to the list of Fees state in the “Payment Methods” section of the Website. Said list of Fees will be considered part of these Terms and Conditions.
Fee Modifications. The User hereby expressly accepts that the fees stated in the “Payment Methods” section may be modified by Paygol, informing said changes to the Users at the email address they provided in the Registration Form, which shall be accepted when entering the Website.
In certain cases that will be individually assessed by Paygol, the User may agree on special Fees with Paygol. In these cases, a change will be made to the “Payment Methods” section where the updated Fees will be shown.
The User expressly authorizes Paygol to offset all sums of money owed to Paygol against the amounts payable by Paygol to the User for any transaction made.
The fact that Paygol does not carry out the aforementioned withholding does not release the Merchant from its obligation to pay the agreed Fee.
Any special request made by the Merchant, that is not included in Paygol’s basic operating services, shall have a special Fee that the parties must agree upon.
The parties hereby state that the User shall take responsibility for the payment of direct, indirect, fiscal, or municipal taxes, as well as any other charges made due to the sales, services, and publicity or general marketing, and – if these amounts are charged or must be withheld by Paygol – Paygol shall offset this amount with any amount of money it may owe the User.
8. CREDITS AND SETTLEMENTS
Paygol shall send the Money Due to the bank account stated by the Merchant in the Registration Form. This money transfer shall be carried out in the timeframe agreed upon by the parties when creating the account and prior to the first operation the Merchant carries out on the Website.
Paygol shall issue a funds settlement (hereinafter, the “Settlement”) every time it transfers the funds to the Users due to a Collection Order.
If problems arise from fortuitous events, force majeure, or third-party actions, that lead to postponing the date of the transfer, Paygol shall send the User a notice through the Website (hereinafter “Heat Ticket”) informing the new estimated date of the transfer.
Paygol will carry out all the reasonable efforts to ensure the fulfillment of the aforementioned deadlines. However, the User hereby understands that, due to certain factors – most of which are outside Paygol’s control – delays may occur, and the User therefore exempts Paygol of all and any liability for any inconvenience or damage resulting from delays that are not attributable to wilful misconduct or fault of Paygol.
This Agreement will be in effect indefinitely.
The parties may end this Agreement at any time, without stating a cause, by simply providing written notice of no less than thirty (30) calendar days, without requiring a prior private or judicial request and without requiring a judicial ruling or process to do so. The anticipated termination of this Agreement prevents the parties from claiming the payment of any relevant sanctions, compensations, or penal clauses, unless the sums owed at the time of the termination and any other sum of money accrued after termination and is borne by the User.
Notwithstanding the foregoing, Paygol may end the Agreement when one or several of the following clauses have taken place:
a.When a User makes improper or malicious use, actual or alleged, of the Website, such as maliciously and improperly intervening the Website affecting the security measures implemented and its normal and proper functioning or performing transactions that are against the law or these Terms and Conditions;
b.Death or declaration of absolute incapacity of the User;
c.Insolvency, declaration of interdiction, filing of User’s agreements or being a debtor in an insolvency liquidation proceeding;
d.Inactivity or lack of use of the Website for over one year;
e.Incurring in aggravating or offensive behaviour against the Website’s staff;
In this case, Paygol shall communicate the termination of the User Agreement by email, to the address recorded on the Registration Form or the one updated after, with at least 15 days’ notice, or the notice required by the legal and administrative provisions in force.
If Paygol does not exercise the aforementioned powers, it does not imply waived to exercise them in the future.
It is expressly stated that the User accepts that the occurrence or suspected occurrence of any of the foregoing clauses enables Paygol to proceed to the immediate suspension and blocking of the Website to the User in question.
By terminating this Agreement, Paygol shall send the User a settlement with the details of the operations made to date and the amount owed by Paygol or by the User as appropriate.
10. REFUNDS AND CHARGEBACKS
For the purposes of these Terms and Conditions, a chargeback takes place when an End Customer does not recognize or rejects a transaction made through the Website and the issuer of the payment method will formally notify Paygol of this situation (hereinafter, the “Chargeback”).
If there are any Chargebacks, the User undertakes to provide Paygol with all the background information it may request. Without considering the following statement exhaustive, Paygol may request the following reference documentation from the User to support the transaction:
•The relevant invoice specifying the products or services purchased or hired by the End Customer;
•Proof of purchase, provision and delivery of the product or service;
•End Customer identification information (for example: name, registration date, IP address, identification document, etc.);
•Proof of the End Customer’s registration on the Website;
•Proof of the End Customer’s acceptance of the Website’s Terms and Conditions;
•The End Client’s transaction history;
•Any other document or information that Paygol deems necessary to evidence the transaction.
The information shall be requested by Paygol through a Heat Ticket on the Website and must be sent to the email address [email protected] within 24 working hours after the Heat Ticket has been sent by Paygol.
If the issuer of the payment method charges Paygol the sum of the transaction that caused the Chargeback, said sum – and the Chargeback processing fees – shall be paid by the User, hereby authorizing Paygol to offset the sum with funds from other transactions made on the Website. If such compensation is not possible, the User undertakes to pay Paygol, within 24 working hours of Paygol’s request, the sums due.
Each Chargeback will have an additional processing fee, which will be available in the “Payment Methods” section on the Website.
The User shall be responsible for the payment of any fine, fee, penalty, cost, or claim that is applied to Paygol as a result of excessive levels of chargebacks related to transactions made by the User on the Website.
For the purposes of the present Terms and Conditions, a refund consists of an additional service provided by Paygol, by which Paygol returns the price of the provided product or service to the End Client through the Website (hereinafter, the “Refund”).
If a Refund request is submitted by the User to Paygol, he or she must provide Paygol with all the information necessary to Refund the End Client.
If the Refund request is submitted by the issuer of the payment method used by the End Client, for causes other than those giving rise to a Chargeback, Paygol shall notify the User of the situation as soon as possible, undertaking to take all the necessary steps to resolve the claim within a maximum period of 48 business hours from the notification made to Paygol. If the situation is not resolved withing the indicated timeframe, the User hereby authorizes and accepts that Paygol will refund the End Client the original sum of the transaction.
Each Refund has a processing fee, which will be available in the “Payment Methods” section on the Paygol Website.
The User expressly authorizes Paygol to offset any sum of money owed by the User, whether by way of Refund or Chargeback, against any present or future amounts payable by Paygol to the User.
11. MERCHANT DUTIES AND OBLIGATIONS
Notwithstanding the other obligations stated in this Agreement, the User hereby undertakes:
a.Providing Paygol with marketing information, features of the product or services to be paid through the Website.
b.Provide Paygol the relevant bank account information to carry out the payment of the Money Due.
c.Immediately notify Paygol through an adequate and trustworthy medium, of any unauthorized account use, as well as any actual or attempted logins by unauthorized third parties.
d.When registering on the Website, the Merchant must provide all the information requested in the Registration Form, send the requested attachments, and accept the present Terms and Conditions.
e.Use and operate the Website in good faith, not carry out any of the activities stated in section 13 of these Terms and Conditions and comply with section 14 of the present Terms and Conditions.
f.Provide Paygol, within a reasonable timeframe, the information it may request for the correct execution of the Agreement.
g.Actively participate in any type of investigation or information request made from the authority regarding the various transactions carried out between the End Customers and the Users on the Website. In this sense, the Merchant shall ensure that Paygol is unaffected by damages in any administrative, judicial, criminal, or investigative process carried out by the relevant authority.
12. PAYGOL’S DUTIES AND OBLIGATIONS
Notwithstanding the other obligations stated in this Agreement, Paygol hereby undertakes:
a.Informing the Fees set for the Merchant for the sale of its products or services.
b.Informing any change in the Terms and Conditions, which shall need to be accepted by the Merchant in order to use and operate the Website.
c.Carry out the reasonable steps required to pay the Money Due to the Merchant within the agreed upon timeframe.
13. FORBIDDEN TRADES OR ACTIVITIES
Paygol reserves the right to assess the trade the Merchant engages in, requesting additional information about it and choosing to not offer its services if it deemed necessary. Paygol will NOT provide its services to Merchants engaged in any of the following industries or conducting any of the following businesses or business models:
a.Sale of any kind of weapon (including bullets or part of weapons);
b.Businesses linked in any way to terrorist networks;
g.Adult content that includes rape, bestiality, child pornography, etc.;
h.Companies that traffic illegal drugs or narcotics;
i.Unregulated pharmaceutical companies;
j.Companies that breach copyright, patents, trademarks or other third-party property;
l.Satellite or cable television decoders;
m.Tobacco, alcohol or marijuana;
n.Marketing practices that are potentially deceptive or misleading;
p.Endangered animals or species;
q.Body parts or remains;
r.Users that spread any speech that, in Paygol’s opinion, is hate speech, such as Nazi postings;
s.Assets subject to trade embargos;
t.Replicas of government-issued IDs (whether for novelty or counterfeit purposes);
u.Any activity that is contrary to the law, public order, or morals.
If any of the Merchants is not transparent about the actual line of business it operates in and is caught commercializing any of the products or services mentioned above, 100% of the Collected Money will be withheld and the User may be immediately blocked from accessing the Website. Additionally, if Paygol considers that the current regulations have been violated or suspects that the User may committing an illegal act, it may provide the authority all the information related to the User’s transactions and the User.
14. WEBSITE USE
All and any transaction made on the Website is subjected to a behaviour analysis carried out by Paygol. The User hereby expressly authorizes Paygol to analyze and oversee in particular all the operations made on the Website, undertaking to provide Paygol, as speedily as possible, all documents or additional information that it requests regarding the transaction, the End Customer, the User, or his or her line of business.
If Paygol, during the analysis process of the transactions made on the Website, detects an irregular activities or suspects that an act may be illegal or not according to current regulations, these Terms and Conditions, or Paygol’s policies and values, then it may, without the User being able to claim any compensation, carry out the following actions:
a.Immediately suspend or cancel the User’s account on the Website;
b.Withhold sums of money linked to the investigated transaction until, in Paygol’s opinion, sufficient documentation is provided that allows to ascertain that the transaction complied with the present Terms and Conditions, Paygol’s policies and values, as well as the current regulations.
Likewise, the User must always use and operate the Website adequately, and in order to do so undertakes:
1.Not interfere with the Website’s security or networks, or intercept any information sent or received by it;
2.Not decode, track, carry out reverse engineering, deconstruct, or recreate the Website’s source code;
3.Not infringe any law, rule, or regulation that could be infringed by using the Website;
4.Not use the Website to harass, intimidate or violate the rights of others, or distribute information, messages, posts, or content that may be fraudulent, misleading, discriminatory, violent, threatening, harassing, and – overall – that may harm others;
5.To only send truthful, precise, and complete information to Paygol;
6.Comply with these Terms and Conditions;
7.Use the Website, only with purposes contained within the legal and normative framework;
8.To not distribute any information or contents on the Website that may be protected by intellectual property or copyright law.
15. CHANGES TO THE WEBSITE
Paygol may at any time and when it deems it convenient, without the need to notify the User, before or after, carry out corrections, additions, improvements or modifications to the content, presentation, information, areas, databases, and other elements of the Website. Notwithstanding the foregoing, if these corrections, additions, improvements or modifications to the content, presentation, information, areas, databases, and other elements, involve changes to these Terms and Conditions, it shall notify the User of said changes, and the User shall have to expressly accept them. If the User does not accept the changes made to the Terms and Conditions, he or she may not continue using the Website or access the services offered by Paygol.
16. WEBSITE FAILURE
Paygol will use its best efforts to make the Website work in the best way possible; however, it does not guarantee continuous or uninterrupted access and use of the Website and its services. In this sense, the Website may eventually not be available due to updates, technical difficulties, or network failure, or any other circumstance beyond Paygol’s control. In these cases, Paygol will strive to restore the service as quickly as possible, without any liability of any kind to Paygol or its affiliates, controlling companies, partners, or related parties.
Furthermore, the User hereby states, acknowledges and accepts:
1.That he or she understands the technological nature of the Website and its content, and that it is natural that it may be exposed to outages and/or unavailability beyond its control or responsibility, or even though it may be under its control, are necessary for the adequate functioning or improvement of the service;
2.That the availability of the Website may be affected due to preventative or corrective maintenance to update its content, safeguard its security and integrity, or for similar causes or purposes;
4.That it is his or her responsibility to have anti-virus, firewall, and/or other systems permanently updated.
17. PERSONAL DATA SECURITY
Paygol shall use the Personal Data provided by Users only within the context of these Terms and Conditions and for the correct provision of its Services.
Paygol may share the User’s information with certain providers when it is necessary within the framework of its services and to improve them.
Paygol may share the User’s information if it is required to do so by the current regulations or if it is requested by an authority, such as – for example – the Policía de Investigaciones, the Servicio de Impuestos Internos, amongst others.
Paygol shall store the information it collects under the highest security standards. This information shall be stored in a private cloud with access restricted to Paygol’s staff, limiting said access only to the staff that may need the information for the adequate use of the Website.
By accepting these Terms and Conditions, the User hereby acknowledges that Paygol has warned him or her that there are several scams that use the Internet for various illicit transactions, such as: Smishing, Phishing, Pharming, etc. Due to this, each User must implement the relevant measures to avoid being a victim to any of these practices.
19. CHANGES TO THE TERMS AND CONDITIONS
Paygol may freely modify or update these Terms and Conditions at any moment. When this occurs, the User shall be notified on his or her first visit to the Website with the new Terms and Conditions in force, in order to allow him or her to decide if they accept them or not. The User will only be able to continue using the Website once he or she has accepted the new Terms and Conditions.
Any modified or updated version of these Terms and Conditions shall be understood to replace all its previous versions.
If at any moment the User does not agree with the present Terms and Conditions, he or she must immediately stop using the Website.
The Terms and Conditions that bind Users shall be the most recent version posted by Paygol on the Website, and that have been expressly accepted by the Users, rendering any other versions of the Terms and Conditions, whether digital, printed or signed, null and void.
All notifications, requests, and other communications that Paygol must send to the User according to this Agreement shall be carried out in writing via email to the address provided by the User in the Registration Form.
All notifications, requests, and other communications that the User must send to Paygol according to the provisions of this Agreement shall be made in writing to the following email address: [email protected] o by way of an internal Heat Ticket on the Paygol Website. Paygol may change this email address, previously informing the User.
21. JURISDICTION AND APPLICABLE LAW
If any conflicts were to arise from the present Terms and Conditions, from the provision of services and/or the access to the Website or its use, Paygol and the User expressly submit to the applicable legislation of the Republic of Chile, as well as to the jurisdiction of the Circuit Courts of Santiago de Chile.
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