TERMS AND CONDITIONS OF USE

ECART PAY

The following Terms and Conditions (hereinafter referred to as the "Terms") outline the conditions for the use of the services that you as a User grant to the digital platform at https://pay.ecart.com (hereinafter referred to as the "Website" and/or "Platform") and to any content available through this Website. These Terms govern the use of the ECART PAY website, S.A.P.I. DE C.V. (hereinafter referred to as "us" and/or "ECART PAY").

ECART PAY is located at Belisario Domínguez, number 2470, floor 3, Colonia Obispado, Monterrey, Nuevo León, C.P. 64060.

By using the Website, it will be understood that you accept and agree to the Terms regarding your use of the Website. If you do not agree with these Terms, please do not use the ECART PAY Website. If you have any questions regarding them, please send an email to support@ecartpay.com

ECART PAY reserves the right to make changes to the Terms regarding the Website at any time and without prior notice, which will be published on the site, so it will be your obligation to be aware of these Terms.

DEFINITIONS

The following definitions are detailed below, which may be applied in singular or plural form:

• Activation: Process through which the User gains access to the production account to use the Services of ECART PAY.
  
  

• API: The Application Programming Interface of ECART PAY and any tools made available to developers.
  
  

• Application / App: The software application, the Website, or any other medium through which interaction with the API, the Website, and/or the Services provided by ECART PAY is developed, maintained, or operated.
  
  

• Commission: Any charge, regardless of its name or modality, different from interest, that ECART PAY charges the User for the provision of Services.
  
  

• Chargeback: Means the disputes filed by a Cardholder with the issuing bank for a charge made to their Card, requesting the return of their money from a good or service.
  
  

• Contract: These Terms of ECART PAY in which the conditions applicable to the execution of one or more operations are established and the Services provided by ECART PAY are regulated, which must be accepted to use the Services.
  
  

• User Account: The account through which the User is initially identified, which is required for ECART PAY to provide its Services.
  
  

• Provisions: The General Provisions Applicable to Cash Dispensing Media Networks.
  
  

• Payment Method: Refers to the Payment Methods that ECART PAY has available for Users, which are: (1) Credit, debit cards, whether national or international (VISA, MasterCard or American Express); (2) Interbank payments via SPEI (Interbank Electronic Payment System); (3) Cash payments through referenced deposits in the available chains; (4) as well as any other Payment Method that may be available and enabled in the future through ECART PAY.
  
  

• Payment Gateways: The different platforms made available that Users who have access keys may use to process online payments.
  
  

• Services: Means the service provided by ECART PAY, which consists of: (1) processing payment requests with Cards through a website or platform connected to the internet; (2) acceptance of cash payments through the available chains within ECART PAY's Payment Methods; (3) receiving/accepting interbank payments via SPEI (Interbank Electronic Payment System).
  
  

• Website and/or Platform: Any of the content available in or through this Website.
  
  

• Card: Credit cards and debit cards.
  
  

• Cardholder: The holder of the Card.
  
  

• Transaction: The operation consisting of the processing of any payment request with a Card for goods and/or services offered by the User through any digital platform, submitting said request to the authorization or rejection of the issuer of the respective Card, through ECART PAY.
  
  

• Fraudulent Transaction: A Transaction that is made or attempted without the authorization or consent of the Cardholder, or that was received, processed, and/or executed without complying with the provisions, procedures, and/or rules established in these Terms or in applicable legislation, or that are illegal, constitute a crime, are sanctioned by applicable legislation, or are prohibited according to the same.
  
  

• User: All natural or legal persons who acquire the Services of ECART PAY and have a User registration on the Website.

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM AND THE SERVICES.

ELECTRONIC COMMUNICATIONS

By visiting the ECART PAY Website or sending us emails, you are communicating with ECART PAY electronically and giving your consent to receive electronic communications from ECART PAY. ECART PAY will communicate via the email you registered on the Platform.

USE AND RESTRICTIONS OF THE ECART PAY WEBSITE

We operate our Website so that you can know and use our Services. By accessing and using the Platforms, you agree to be legally bound by these Terms. ECART PAY will have, at all times, the right to deny, restrict, suspend, condition access and use of the Platforms temporarily or permanently, or terminate these Terms immediately at its sole discretion.

To use the Platform, you must register and complete the corresponding form with your personal information accurately, truthfully, and free of bad faith vices, assuming the commitment to monitor and modify your personal data when necessary; additionally, we will verify your identity.  

If the information provided in the registration does not match your identity, you will not be able to proceed with the process of contracting the Services.

The relationship between you and us will be the use you make of the Services provided through the Website and/or the digital Platform. By using the Platform, you declare that you act on your behalf and that the service will be for personal use and never for a third party.

PLATFORM AND RESPONSIBILITIES

We are constantly innovating our Platform and Website to offer you the best experience possible. Therefore, through these Terms, you acknowledge and accept the following:

Updates and improvements

Our platform may change from time to time, as we are constantly innovating. This means that some features may improve, change, or even be temporarily suspended. If at any time we suspend your account, you will not be able to access or consult your information or transactions.

Risks of using digital media

When using the app and the web, there are risks you should be aware of:

• There may be internet failures, delays in SPEI, or problems with third-party services (card issuers, acquirers).

• If you use public WiFi networks or unsecured devices, you could be at risk of digital attacks.

• We always protect your information, but it is also up to you to use the app responsibly.
  
  

Your security is key

Your username and password are personal. Do not share them with anyone. We will never ask you for passwords or codes via phone, email, or messages. If you notice suspicious activities in your account, please notify us immediately through the app or our support email.

Use of your webpage or web medium

If you have your own website integrated with us, we may display and promote it on our other platforms or those of our related companies. If you do not want us to do this, you only need to cancel your service with us and stop using the platform.

DESCRIPTION OF THE ECART PAY SERVICE

ECART PAY may provide you with the Services requested through its digital Platform or other integration options, and/or any related or complementary product or service that it offers or may offer in the future.

1. Processing payment requests with Cards. The services of ECART PAY in its payment aggregator mode with the aim of processing payments via credit cards, debit cards, grocery cards, and/or electronic wallets for purchase orders through e-commerce, websites, and mobile applications. Services may also be processed through the Payment Link mode, which consists of charging through a web link that allows the User's customers to make payments via the ECART PAY Services previously contracted.

   1. Recurring charges. ECART PAY may enable, at the User's request, an additional payment processing modality with Cards under the recurring charges scheme. This functionality consists of the prior authorization granted by the Cardholder for the User to make periodic and automatic charges to the same Card, in the amounts and frequency agreed between the User and the Cardholder. The User agrees to:

      1. Obtain and retain the express and informed consent of the Cardholder to make recurring charges;

      2. Ensure that the Cardholder can revoke said authorization at any time, must stop charges immediately upon receiving such instruction;

      3. Inform the Cardholder about the payment schedule, the amount to be charged, the cancellation policy, and any other relevant contractual element;

      4. Comply with the guidelines issued by ECART PAY and the card brands regarding recurring charges. ECART PAY reserves the right to suspend or revoke this functionality if levels of chargebacks, claims, or practices incompatible with these Terms, the applicable Provisions, or the guidelines of the Card Brands are detected.

2. Acceptance of cash payments. The services offered by ECART PAY to process cash payments in national currency through referenced deposits in the available and/or authorized chains.

3. Interbank payments via SPEI (Interbank Electronic Payment System). The service of receiving payments via SPEI transfer (Interbank Electronic Payment Systems) through a unique CLABE account assigned to each User who decides to make some operation by this means.

4. Payment Gateway with personalized keys. ECART PAY may offer you the secondary service of connecting to different "Payment Gateways" where it will grant you access to the Platform to establish the connection when these are available, this through the configuration of your system via API credentials, with the aim of achieving integration of various Platforms. For this intermediary service, ECART PAY will not be responsible for the correct functioning of the platforms of said Payment Gateways.

USER INFORMATION

During the time you are using our Website and/or Services, you may be required to provide certain personal information, which ECART PAY guarantees maximum protection and that will only be used for the use of the Platform, in the relationship you have with us.

We will use location-based information from your mobile device, via GPS technology (Global Positioning System), in those locations where said technology is available, so it is necessary to collect, use, transmit, process, and store your geographical data, including, but not limited to, the geographical location of the device as well as the information related to your first name, last name, email, and phone number associated with the device. You therefore accept and give your consent for us to carry out real-time geolocation to continue with the contracting and/or use of the Services.

Likewise, ECART PAY makes it known to you that for more information on the use of your personal data and the rights you can exercise, you can consult or access the comprehensive privacy notice at: www.ecartpay.com 

ACCOUNT REGISTRATION

If you wish to use our Services, you must register by accepting these Terms. To register, it is mandatory to complete the identification form in all fields with valid data and accurate personal information.

By registering, you guarantee the truthfulness of the information and commit to updating your personal data when ECART PAY requires it, as necessary.

We reserve the right to request proof and/or additional information to validate and corroborate the information provided, as well as to temporarily or definitively suspend those Users whose data could not be confirmed.

Furthermore, ECART PAY, in order to comply with applicable regulations regarding the prevention of money laundering and financing of terrorism (PLD/FT) and its internal policies in this regard, may request certain identification-related information and/or documentation for identification purposes, knowledge, and transactional monitoring, which may vary, depending on your economic activity within the Services Platform you use.

We reserve the right to refuse a registration request or to cancel or suspend, temporarily or definitively, an account, in the event that the following situations arise: a) if inconsistencies or discrepancies in the information provided are detected; b) if you do not provide or do not update in a timely manner the information and/or documentation that has been requested, without such decision generating any rights to compensation or restitution; c) if the activity you declared is defined as prohibited in accordance with these Terms.

You will not be able to register with us if you have or have had sanctions related to any criminal situation, if your name is on blacklist, and/or if you have or have had any relationship with any type of fraud, regardless of whether this has been sanctioned or not.

In general, access to the Website may be free. However, ECART PAY conditions access to certain areas of the Website and the use of all its Services upon prior fulfillment of the User identification registration form.

ECART PAY may make available certain Services whose use may require additional registrations and/or the satisfaction of certain considerations. In this case, the registration will be carried out in the manner expressly indicated in the service itself or in the specific conditions that regulate it.

Once the registration process is successfully completed, we will activate your account. The use of your account is personal and non-transferable, meaning you agree that, at all times, you will be the sole responsible for all movements made in your account and for keeping the password with which you will have access to the Platform secure.

You commit to notify ECART PAY immediately and by suitable and reliable means, of any unauthorized use of your account, as well as of access by unauthorized third parties to it.

ECART PAY reserves the right to reject any registration request or to cancel a previously accepted registration, without being obliged to communicate or expose the reasons for its decision and without this generating any rights to compensation or restitution.

You confirm that you have sufficient legal capacity to adhere to these Terms.

If you provide false, inaccurate, outdated, and/or incomplete information, or if ECART PAY has reasonable grounds to suspect that you have violated these Terms, ECART PAY has the right to suspend or cancel your account and deny the use, present or future, of the Services or any part of them.

GENERAL CONDITIONS OF THE SERVICES

ECART PAY and you agree that these Terms are intended to establish the conditions for the use of the Service(s) previously indicated through all Payment Methods that are available or will be available on the Platform. 

By using any of the Services, you assume all risks associated with carrying out operations and activities through websites or the internet.

For processing payment requests with Cards, you commit not to apply any additional charge to your customers for accepting payments with Cards and/or fund credits through your platforms and/or the ECART PAY Platform.



• Availability and timeframes for settling your funds

  The funds credited to your account for the contracted Services will be available according to the following timeframes and conditions:
  
  

  1. The amount of authorized Transactions on a specific operating day and before the cutoff time (10:00 PM), Mexico Center time, for VISA and MasterCard, will be deposited in your bank account within 2 (two) business days following the authorization of the corresponding transaction. 

     
     For American Express card transactions, they will be deposited within 2 (two) to 3 (three) business days following the authorization of the corresponding transaction.
     
     

  2. The amount of Transactions for interbank transfers and cash payments received from Monday to Sunday will be deposited on Thursday of the following week.

In this act, you acknowledge that you are responsible for any amount owed to ECART PAY arising from the Services, including the execution or processing of Transactions.

• Limitations

  You accept and acknowledge that ECART PAY may determine a maximum amount for your Transactions, an amount that may vary according to the Payment Method, type of request, and/or at ECART PAY's discretion and may even be modified at any time by publishing it on the Platform.

  
  

  Additionally, we inform you that financial entities or acquiring banks may establish minimum and maximum amounts for certain transactions, which may change from time to time.

• Chargebacks

  ECART PAY will notify you when there is a Chargeback; in this case, you commit to providing ECART PAY, within 5 (five) calendar days after notification, with the requested information regarding the operations and their reversals generated, through the resources and technical means ECART PAY makes available to you, and you authorize ECART PAY to use this information to assist you in contesting the Chargeback.

  
  You acknowledge being informed and authorize ECART PAY to make withholdings on your funds when Chargebacks are received for Transactions and/or for operations made with bank Cards, for up to 180 (one hundred eighty) calendar days, and for International Cards and/or Transactions, the withholding may be up to 540 (five hundred forty) calendar days.

  
  Once the corresponding information is received, Ecart Pay will submit the information to the issuing Bank within the timeframe provided. The issuing Bank will analyze and provide a resolution on the Chargeback within no more than 45 business days following the delivery of the information. The issuing Bank will notify ECART PAY of such resolution, which may be in favor of the Cardholder or in favor of the Merchant (you).

  
  If the resolution was in favor of the Cardholder, ECART PAY will refund the transaction amount directly to the Cardholder or through the issuing Bank. If the resolution was in favor of the Merchant, it means that it was resolved in your favor, so ECART PAY will release the previous withholding and settle the transaction with you.

  
  It is important to note that the decision on the resolution of the Chargeback is entirely up to the issuing Bank; therefore, ECART PAY is not responsible for the outcome of the resolution of the Chargebacks.

  
  In the event that ECART PAY does not receive the requested information or the submission is incomplete, erroneous, deficient, and/or delayed, the withholding made for the amount of the Chargebacks will be deducted from the settlement of your funds.

  
  Notwithstanding what is detailed in this section, it is informed that, in the event that you do not have funds to settle, you agree to pay the Chargebacks within 30 (thirty) calendar days following the notification to the bank account that ECART PAY will provide you for this purpose.

  
  ECART PAY reserves the right to withhold for investigation any payments that it considers, at its sole discretion, to be or could be irregular operations or with chargeback risk.

  
  In addition to the preceding paragraph, ECART PAY may withhold a certain percentage of the settlement of your funds for a period that could be at least 30 calendar days, in this case, ECART PAY will give you prior notice.

• Responsibility for Funds 

  The User exempts ECART PAY from all responsibility for situations that could affect the banking, financial entities, and/or agents where the funds of the account are deposited, as well as for political and economic situations that may arise in the country, which are beyond ECART PAY.

  
  In the mentioned cases, Users cannot assign any responsibility to ECART PAY, its subsidiaries or controlled companies, parent or controlled entities, nor demand the reimbursement of money or payment for lost profits, due to damages arising from these situations or for unprocessed payment orders or rejected by the system or for suspended or canceled accounts.

  
  You agree and commit to keep ECART PAY harmless from any claims from third parties related to contractual relationships they acquire with you and the payments they make using the Services. 

• Clarifications

  When you disagree with any transaction shown on the respective Account Statement or in the movements available on the Platform, you may submit a clarification request to ECART PAY within a period of 30 (thirty) calendar days from the date the transaction was made.

  
  This clarification request may be made through the Help Portal of the Platform; the electronic help channels provided by ECART PAY and/or via email at support@ecartpay.com 

  
  Upon receiving your clarification request, ECART PAY will be obliged to acknowledge receipt and indicate the reference number for your clarification. ECART PAY will have a maximum period of 45 (forty-five) calendar days or 180 (one hundred eighty) calendar days when it comes to operations made abroad, to deliver the corresponding ruling, attaching a simple copy of the document or evidence considered for the issuance of that ruling, as well as a detailed report responding to all the facts contained in the submitted request.

  
  If the 30 (thirty) calendar days mentioned in the first paragraph of this section pass without you having made any clarification, it will be understood that you accept the operations made and that the entries or concepts appearing in your account statements, which are recorded in the accounting of ECART PAY will be deemed accepted by you and will constitute full proof.

• Returns and/or cancellations

  You authorize ECART PAY to decrease the total value of the Transactions to deposit the corresponding amount when returns and/or cancellations occur and that these amounts are deposited back to the Card from which the charge was made. Returns or cancellations can only be made for the total amount charged to the Card.

  
  You are responsible for adequately informing your customers, at the time of the Transaction, of any limitations you have for accepting the return of merchandise, and in such cases, you will seek to offer refunds against receipt of the Transaction made to the Cardholder's account to which the Transaction was charged and will attempt to provide a proof of the operation.

  
  ECART PAY will not refund the commissions generated by the Transactions made.

COMMISSIONS FOR THE SERVICE

For the use of the Services, you agree to pay ECART PAY the commission(s) that are generated plus the corresponding value-added tax for each operation and/or Transaction. 

You expressly state that you understand and agree to the terms, conditions, amounts, and scope of the commissions you are obligated to cover, thus you expressly authorize us to deduct from any amounts we owe you, the commission amount (or any other tax or right that, under applicable legislation, must be withheld). 

ECART PAY may unilaterally modify the commissions by notifying 30 (thirty) calendar days prior to the date on which they take effect. If you do not agree with such change, you may terminate the contractual relationship without any liability, by notifying at least 10 (ten) days in advance of the date on which the change in commissions takes effect.

PAYMENT MANAGEMENT SERVICE

• About Payment

  ECART PAY may provide you with the secondary service of payment management according to the instructions you give us, in order to settle your funds on your behalf, using the ECART PAY-provided Platform.

  
  It is agreed that the management requests or processing of payment requests you timely complete will be governed by these General Terms.

  
  By completing a payment management request, you grant an irrevocable mandate to ECART PAY to pay a specific sum of money on your behalf in relation to which the payment management request is completed, on your behalf and subject to the Terms of the payment management service.

  
  ECART PAY will not use the funds for purposes other than those instructed by you.

  
  ECART PAY reserves the right not to process those payment management requests that are incomplete or in which there are discrepancies between the data provided by you and the data effectively entered to ECART PAY, or because ECART PAY deems it necessary, without the need to justify its decision.

  
  ECART PAY will not verify the cause or obligation that originated the payment instruction, nor the other circumstances related to the payment instruction.

  
  Given that ECART PAY is a third party to the obligation that originated the payment management request, ECART PAY will not be responsible nor verify the causes, amount, or any other circumstance related to that request, as well as in respect of the existence, quality, quantity, functioning, state, integrity, or legitimacy of the goods or Services you offered, acquired, or sold and paid using ECART PAY.

  
  The payment instructions entered in a payment management request can only be executed through the Platform, and no instruction submitted will be processed or deemed valid by other means not related to the Platform.

  
  ECART PAY will not be responsible for orders, instructions, payment management requests, and/or incorrect or incomplete payments caused by the incorrect entry of the information you provide.

  
  ECART PAY will not be responsible nor guarantee the fulfillment of the obligations you may have assumed with third parties regarding the payments to be made or collected through the Platform. 

PATRIMONIAL MATERIAL

Unless specifically requested, we do not solicit or wish to receive any confidential, secret, or proprietary information or other materials from you via the Website, email, or any other means.

Any information, creative works, demonstrations, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials you have sent or presented (including, for example, without limitation, anything you present or send to our chat groups, message boards, and/or our blogs, or that you send us via email) will be considered non-confidential or secret and may be used by us in any way consistent with the Website. 

By submitting or sending us materials, you; I. Represent the legitimacy of the materials presented, that no other person has any right over them, and that any "moral right" over the submitted materials has been waived; II. You grant us or our affiliates, royalty-free, unrestricted, worldwide, irrevocable, non-exclusive, and fully transferable rights and licenses, which may be assigned and sub-licensed, to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate into other works any of the materials presented in any form, medium, or technology known or to be developed, including promotional and/or commercial purposes. 

We cannot be responsible for maintaining any material provided by you and we may delete or destroy such submitted material at any time.

PROPERTY RIGHTS

ECART PAY is the exclusive owner of all rights, title, and interest in and to the Website of all content (including, for example, audio, photographs, illustrations, graphics, other visual media, videos, copies, texts, software), codes, data, and materials thereof, the look and feel, the design, and the organization of the Website and the compilation of the content, codes, data, and the materials thereon, including, but not limited to, any copyright, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights thereof. 

Your use of the Website does not grant you ownership of any of the content, codes, data, or materials to which you may access in or through the Website.

All software and content of the Website, including; HTML code, texts, animations, images, etc., as well as the trademarks, trade names, and/or distinctive signs displayed, are the property of ECART PAY or third parties and are protected by national and international intellectual and industrial property laws.

Any use outside the Website, including reproduction, modification, distribution, transmission, republication, arrangement, or representation of any elements thereof, is strictly prohibited unless express written consent is granted by ECART PAY.

PROHIBITED USE

Any distribution, publication, or commercial or promotional exploitation of the Website or any of the content, codes, data, or materials on the Website is strictly prohibited unless you have received prior written permission from authorized ECART PAY personnel, or from any other holder of applicable rights.

Unless expressly permitted in these Terms, you may not download, report, display, publish, copy, reproduce, distribute, transmit, modify, execute, disseminate, transfer, create derivative works from, sell, or otherwise exploit any of the content, codes, data, or materials on or available through the Website. 

You also agree not to alter, edit, delete, remove, or otherwise change the meaning or appearance, or change the purpose of any of the content, codes, data, or materials on or available through the Website, including, without limitation, altering or removing any trademark, registered trademark, logo, service mark, or any other proprietary content or ownership notice. 

You acknowledge that you do not acquire any ownership rights by downloading any materials with copyright or through the Website. 

If you make any other use of the Platform or the contents, codes, data, or materials found therein or available through it, unless stipulated above, you may violate copyright and other laws of the United Mexican States and other countries, as well as other applicable laws, and you may be subject to legal liability for such unauthorized use.

TRADEMARKS

The trademarks, logos, service marks, registered trademarks (hereinafter referred to as "Trademarks") exhibited on the Website or in the content available through the Website are trademarks of ECART PAY registered, unregistered, and others and may not be used in connection with products and/or Services that are not related, associated, or sponsored by their rights holders and may cause confusion among customers or in any way denigrate or discredit their rights holders. 

Nothing in this content on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without the written permission of ECART PAY or from third parties who may own such trademarks. 

Misuse of the trademarks exhibited on the Website or through or in any of the Services of the Website is strictly prohibited.

NOTIFICATIONS

For purposes of timely notifications, ECART PAY designates as its contact address that stated at the beginning of these Terms. The email address provided by you during the registration process on the Website will be used by ECART PAY to make notifications to you from the moment of contracting. 

It will be your obligation to keep your notification information referenced in this section duly updated. 

All notifications made by ECART PAY will be considered validly made if they have been conducted using the correct and accurate data, through the means previously indicated.

ECART PAY and its related companies will not be responsible for your conducts that originate or link with information contained in false emails or that appear to be from ECART PAY sent by third parties unrelated to ECART PAY or its related companies; nor will they be liable for the harmful consequences of such conducts, or for the circulation of such false emails.

APPLICABLE LAW

By visiting ECART PAY, you agree that the laws of the United Mexican States, regardless of your domicile and conflicts of law, will govern these Terms, as well as any controversy of any kind that may arise between ECART PAY and/or its affiliates or subsidiaries and you.

CONTROVERSIES

Any dispute related in any way to your visit to ECART PAY will be submitted to alternative dispute resolution methods, except that, to the extent that you, in any way, have violated or threatened to violate the intellectual property rights of ECART PAY, the latter may seek injunctive relief or other type of remedy before the State or Federal Court in the State of Nuevo León and you agree to submit to the exclusive jurisdiction and venue of such courts.

POLICIES, MODIFICATION, AND SEVERABILITY OF THE WEBSITE

It is necessary for you to review our policies published on this Website. These policies will also govern your visit to any Platform in relation to ECART PAY. We reserve the right to make changes to our Website, policies, and these Terms at any time. 

If any of the stipulations prove to be invalid, void, or for any reason unenforceable, such condition will be considered separate from the validity and applicability of any other condition.

ECART PAY CAMPAIGNS

You agree to receive email campaigns/newsletters to provide you with information about promotions, new features, important notices, and general information.