INDEX

  1. GENERAL TERMS AND CONDITIONS OF USE ECART PAY
    • 1.1 DEFINITIONS
    • 1.2 ELECTRONIC COMMUNICATIONS
    • 1.3 USE AND RESTRICTIONS OF THE ECART PAY WEBSITE
    • 1.4 YOUR RELATIONSHIP WITH ECART PAY
    • 1.5 PLATFORM
    • 1.6 USER INFORMATION
    • 1.7 DESCRIPTION OF THE SERVICES
    • 1.8 ACCOUNT REGISTRATION
    • 1.9 REGISTRATION OBLIGATIONS
    • 1.10 GENERAL TERMS AND CONDITIONS OF SERVICES
    • 1.11 PAYMENT MANAGEMENT SERVICE
    • 1.12 HERITAGE MATERIAL
    • 1.13 PROPERTY RIGHTS
    • 1.14 PROHIBITED USE
    • 1.15 TRADEMARKS
    • 1.16 NOTIFICATIONS
    • 1.17 APPLICABLE LAW
    • 1.18 CONTROVERSIES
    • 1.19 SITE POLICIES, MODIFICATION AND SEVERABILITY
    • 1.20 ECART PAY CAMPAIGNS
  2. TERMS AND CONDITIONS FOR USE OF PAYMENT GATEWAYS
    • 2.1 DEFINITIONS
    • 2.2 YOUR RELATIONSHIP WITH ECART PAY
    • 2.3 PLATFORM
    • 2.4 USER INFORMATION
    • 2.5 ACCOUNT REGISTRATION
    • 2.6 DESCRIPTION OF THE SERVICES
    • 2.7 CONSIDERATION
    • 2.8 HERITAGE MATERIAL
    • 2.9 PROPERTY RIGHTS
    • 2.10 PROHIBITED USE
    • 2.11 TRADEMARKS
    • 2.12 NOTIFICATIONS
    • 2.13 APPLICABLE LAW
    • 2.14 CONTROVERSIES
    • 2.15 POLICIES, MODIFICATION AND DIVISIBILITY OF THE WEB SITE
    • 2.16 ECART PAY CAMPAIGNS

1. GENERAL TERMS AND CONDITIONS OF USE
ECART PAY

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

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

By using the website, you are deemed to accept and agree to these 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 write an email to support@ecartpay.com 

ECARY PAY reserves the right to change the Terms at any time and without any notification, only by posting the changes on the Website, so it will be your obligation to be aware of them.

 

1.1 DEFINITIONS

The following definitions applied in singular or plural form are detailed below:

  • Account Statement: Means the document issued by ECART PAY indicated in the Twelfth Clause of this Contract and in the terms of the law in which the transactions carried out by the User in a corresponding period are determined.
  • Activation: Process by which the User obtains access to the production account to use the services of ECART PAY.
  • API: It is the ECART PAY Application Programming Interface and any tool made available to developers.
  • Application / App: It is the software application, the Website or by any other means that is developed, maintained or operated to interact with the API, with the Website and/or with the services provided by ECART PAY.
  • Card: To credit cards and debit cards.
  • Cardholder: To the Cardholder.
  • Chargebacks: Mean claims filed by a Cardholder with the issuing bank for a charge made with the Card. 
  • Fee: At any charge, regardless of its denomination or modality other than interest, that ECART PAY charges the User for the processing, use and/or acceptance of the Cards.
  • Payment Method: Refers to the Payment Methods that ECART PAY has available for Users, which are: (1) Credit and debit cards, whether domestic or international (VISA, MasterCard or American Express); (2) Interbank payments through SPEI (Interbank Electronic Payment Systems); (3) Cash payments through referenced deposits in the chains available through ECART PAY; (4) as well as any other Payment Method that may be available and enabled in the future through ECART PAY.
  • Services: Means the service provided by ECART PAY, consisting of: (1) processing of payment requests with Cards through a website or a platform with internet connection and/or; (2) acceptance of cash payments through the chains available within the ECART PAY Payment Methods.
  • Transaction: The operation consisting of the processing of any request for payment by Card for goods and/or services offered by the User through any digital platform, such request being subject to the authorization or rejection of the issuer of the Card in question through ECART PAY.
  • User: All those individuals or legal entities that use the software and/or acquire the ECART PAY Services and that have a User registration within the Website.
  • User Account: Means the means through which the User is initially identified and that is required for ECART PAY to provide its services. 
  • Website and/or Platform: To any of the content available on or through this Website.

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

 

1.2 ELECTRONIC COMMUNICATIONS

By visiting the ECART PAY Website or sending us emails, you are communicating with ECART PAY electronically and consent to receive electronic communications from ECART PAY. ECART PAY will be communicated by email in which you registered on the Platform.

 

1.3 USE AND RESTRICTIONS OF THE ECART PAY WEBSITE

We operate our Website  in order for you to learn about our Services.

By accessing and using the Platforms, you agree to be legally bound by these Terms. ECART PAY will have the right at all times to deny, restrict, suspend, condition access and use of the Platforms temporarily or permanently, or immediately terminate these Terms 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, assuming the commitment to monitor and modify your personal data when necessary. We will verify your identity under the assumption that said information does not match your identity, you will not be able to continue with the process of contracting the services.

 

1.4 YOUR RELATIONSHIP WITH ECART PAY

The use you make of the Website, as well as with the software and Digital Platform, which will provide the services for the processing and management of payments, will be the relationship between you and us.

You state that the contractual relationship that may be generated by the use of the Platforms for the contracting process of ECART PAY services, will be carried out through electronic means.

By using the Platform, you declare that you act on your own behalf and that the service will be for personal use and never for a third party.

 

1.5 PLATFORM

We are constantly innovating the Platform/Website, in order to offer you the best possible experience. By these Terms, you acknowledge and agree that the content and nature of the service provided by ECART PAY may change from time to time, without notice.

As part of this permanent innovation, you acknowledge and agree that we may suspend, either permanently or temporarily, the service or any of the functions in it, for you or for Users in general. At ECART PAY's discretion and without notice, your use of the services may be discontinued at any time.

By these Terms, you acknowledge and agree that if ECART PAY disables access to your account, you may not be able to access the services, your account information, or your files or other content.

You acknowledge and agree that, although ECART PAY may not have set any limits on the number of transactions to send or receive items through the services nor on the amount of storage space available for the provision of the services, ECART PAY reserves the right to set limits in this regard at any time and in its absolute discretion.

By means of these Terms, you authorize ECART PAY to use the page or web media that you market through the ECART PAY Platform, on the understanding that the latter may promote the products, services and/or brand, either for advertise, sell or transmit in any way the same through any web page that is part of ECART PAY and/or subsidiaries. This with the aim that you can market on the various Platforms that ECART PAY has in the present or future.

In the event where you do not want your platform to be used in any other web Platform of ECART PAY and/or subsidiaries, you must request the cancellation of the services through the ECART PAY Platform and you must stop using our Website immediately.

 

1.6 USER INFORMATION

During the time that you are using our Website and/or the services made available to you on or through it, you may be asked to provide certain personalized information, of which ECART PAY guarantees maximum protection and which will only be used to the use of the Platform in the relationship you have with us.

We will use information based on the location of your mobile device, using GPS (Global Positioning System) technology, in those locations where said technology is available, for which it is necessary to collect, use, transmit, process and store your geographic data, including, but not limited to, the geographical location of the device and information related to your name, father's last name, email and telephone number of the device, for which you accept and grant your consent for us to carry out geolocation in real time to continue contracting and/or using the services.

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

 

1.7 DESCRIPTION OF THE SERVICES

ECART PAY may grant you the Services through its digital Platform or other integration options, where it allows you to make such payments and any related or complementary products or services it offers or may offer.

The Service enables Users to incorporate payment functionality in online stores through which they sell their products and services. ECART PAY provides the Service to Users to facilitate receipt by Merchants of payments by card or bank transfer which are made by User’s customers (“Purchasers”).

 

1.8 ACCOUNT REGISTRATION

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

You agree to update your personal data as necessary.

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

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

We reserve the right to reject a registration application or to cancel or suspend, temporarily or permanently, an account, in case of: a) detecting inconsistencies or inconsistencies in the information provided; b) in case you do not provide or update in a timely manner the information and/or documentation that has been requested, without such decision generating rights of indemnification or compensation; c) in case the activity that you have declared is defined as prohibited in accordance with these Terms.

You will not be able to register with us in case you have or have had sanctions related to any criminal situation, terrorist list and any relation with any type of fraud sanctioned or not.

 

1.9 REGISTRATION OBLIGATIONS

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

ECART PAY may make available certain Services for the use of which it may require the completion of additional registrations and/or satisfaction of certain considerations. Where appropriate, such registration shall be made in the manner expressly indicated in the service itself or in the specific conditions that regulate it.

You guarantee the veracity of the above statement, as well as of all the registration data provided to us and you are responsible for keeping them completely updated for the duration of their condition.

ECART PAY reserves the right to refuse registration on the Website. This refusal will not entitle you to any compensation.

Upon successful completion of the registration process, we will activate the account and register you in our database. 

An account will be generated with the email address and an associated "password" for each User. The use of your account is personal and non-transferable, so you agree that, at all times, you will be solely responsible for all movements made in your account and to keep safe the password with which you will have access to the Platform.

You agree to notify ECART PAY immediately and by the appropriate and reliable means, any unauthorized use of your account, as well as the entry by unauthorized third parties to it. It is clarified that the sale or assignment is prohibited.

ECART PAY reserves the right to reject any registration request or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without giving rise to any right to compensation or indemnification.

In consideration of your use of the Services, you confirm that you have sufficient legal capacity to enter into these Terms and/or enter into a binding Agreement and are not barred from receiving the same under the laws of the United States of America or other applicable jurisdictions. If you provide any information that is untrue, inaccurate or outdated and/or incomplete, or if ECART PAY has reasonable grounds to suspect that you have violated these Terms, ECART PAY has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.

 

1.10 GENERAL TERMS AND CONDITIONS OF SERVICES

ECART PAY and you agree that these Terms are intended to establish the conditions of use of the Service(s) indicated above through all the Payment Methods that are available or will be available on the Platform. By using any of the Services you assume all risks involved in the operation of business and conduct of activities on the Internet. Payments can only be made once your account has been activated using the Payment Methods contracted with ECART PAY.

For the processing of Card payment requests, you agree not to apply any additional charge for accepting payments or crediting funds through your platform(s) and/or the ECART PAY Platform.

  • Fees

ECART PAY charges fees to Users using the Service (the “Fees”). All Fees are stated in U.S. dollars. You shall pay all applicable Fees, as described on the Site or in your Agreement in connection with the applicable Services.

  • Availability and terms for the settlement of funds

Funds credited to your account for the contracted Services will be available in accordance with the following terms and conditions:

  1. The amount of the Transactions authorized on a specific day of operation and before the cut-off time (22:00 hours), Mexico Central Time, for VISA and MarterCard, will be deposited in your bank account within one to two banking days following its authorization. 
    In the case of American Express Card Transactions, they will be deposited within two to four banking days following their authorization.
  2. The amount of the Transactions by interbank transfers and cash payments that are received from Monday to Sunday will be deposited on Thursday of the following week.

You hereby acknowledge that you are responsible for any amounts owed to ECART PAY arising out of the Services, including the performance or processing of Transactions.

  • Limitations

ECART PAY shall determine a maximum amount for Transactions, which amount 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, being sufficient to publish it on the Platform or indicate it on the Contract Cover Page of the Services provided by ECART PAY.

  • Chargebacks

You declare to be informed and authorize ECART PAY to make withholdings to your funds when receiving Chargebacks for Transactions and/or operations made with bank Cards for up to 180 (one hundred and eighty) calendar days, in the case of Cards and/or international Transactions it will be up to 540 (five hundred and forty) calendar days, in these cases, you agree to provide ECART PAY with the information requested on the operations and reversals generated on the Transactions processed, using the resources and technical means that ECART PAY makes available to you, authorizing ECART PAY to use this information in order to disprove such Chargeback. In case ECART PAY does not receive the requested information or the remittance is incomplete, erroneous, deficient and/or delayed, the withholding made for the amount of the Chargeback shall be deducted from the settlement of your funds.

Without prejudice to what is detailed in this section, we inform you that in the event that you do not have funds to settle, you agree to pay the Chargebacks to an ECART PAY bank account that we will provide you for such case, within 30 (thirty) calendar days following the notification that we will give you. 

By using the Services you authorize ECART PAY to retain as a security deposit to guarantee the due compliance of your obligations, which may be up to 25% (twenty five percent) of the amount of each Transaction. ECART PAY will pay you such percentage once 30 (thirty) calendar days have elapsed from the Transaction in question and as long as there is no balance in favor of ECART PAY for Chargebacks or any other of your obligations.

  • Responsibility for the Funds

It is hereby established that Users exempt ECART PAY from liability for situations that may affect the banks, financial institutions and/or agents where the funds in the accounts are deposited, as well as for political and economic situations that may arise in the country, and which are beyond ECART PAY's control. In these cases, Users may not hold ECART PAY, its affiliates or subsidiaries, controlling and/or controlled companies, liable for any damages resulting from this type of situations, nor for payment orders not processed by the system or rejected, suspended or cancelled accounts.

You agree and undertake to hold ECART PAY harmless for any claim by a third party in connection with the contractual relations they acquire with you and the payments they make through the Services.

  • Clarifications

When you disagree with any movement appearing in the respective Account Statement or in the statement of movements available on the Platform, you may submit a request for clarification to ECART PAY within a period of 30 (thirty) business days from the cut-off date, or if applicable, from the completion of the transaction with which you are not satisfied. Such request for clarification may be made through the Platform's help portal; the electronic help channels made available by ECART PAY and/or through the e-mail support@ecartpay.com 

Upon receipt of your clarification ECART PAY will be obliged to acknowledge receipt and inform you of the folio number of attention to your clarification.

Once ECART PAY receives the clarification, it will have a maximum term of 45 (forty-five) days or 180 (one hundred and eighty) calendar days in the case of transactions carried out abroad, to deliver the corresponding report, attaching a simple copy of the document or evidence considered for the issuance of such report, as well as a detailed report in which all the facts contained in the request submitted are answered.

Once the term of 30 (thirty) business days mentioned in the first paragraph of this section has elapsed without any clarification from you, it will be understood that you agree with the operations carried out and that the entries or concepts that appear in your account statements, and that appear in the accounting of ECART PAY will be considered accepted on your part and will be considered as full proof.

 

1.11 PAYMENT MANAGEMENT SERVICE

  • Payment

ECART PAY may make available to you the secondary payment processing service in accordance with the instructions you give us, in order to pay or collect on your behalf, using the Platform provided by ECART PAY.

It is agreed that any payment handling or payment request processing requests that you complete from time to time will be governed by these General Terms.

By completing a payment processing request, you give an irrevocable mandate to ECART PAY to pay on your account and order a certain sum of money in relation to which the payment processing request is completed and/or collect the funds on your account and order, subject to the Terms of the payment processing service.

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

The payment handling request will be concluded by you submitting an online payment handling request form detailing the instructions regarding the funds. ECART PAY reserves the right not to process those payment processing requests that are incomplete or in which there are discrepancies between the data provided by you and the data actually entered to ECART PAY or by ECART PAY deems it necessary, without the need to justify its decision.

You are solely responsible for the payment instructions and their consequences. ECART PAY will not verify the cause or obligation that originated the payment instruction, nor the other circumstances relating to the payment instruction. The payment instructions entered in a request for payment management can only be made through the Platform and no instruction submitted will be processed or considered valid, by other means outside the Platform.

The payment processing request shall not be deemed to be completed and ECART PAY shall not assume any liability or obligation under the payment processing request until (a) ECART PAY has accepted the payment processing request (provided that ECART PAY may refuse to comply with the payment processing request without giving any reason or cause and no liability shall attach to it) and (b) ECART PAY has not received the funds in full. 

ECART PAY shall not be liable for erroneous or incomplete orders, instructions, payment processing requests and/or payments caused by the erroneous entry of information provided by you.

ECART PAY shall not be liable or guarantee the fulfillment of the obligations you have assumed with third parties in connection with payments to be made or collected through the Platform. You acknowledge and accept that, when making Transactions with other Users or third parties, you do so of your own free will, giving your consent freely and at your own risk and responsibility. In no event shall ECART PAY be liable for lost profits, or for any other damage and/or harm that you may have suffered due to the Transactions made or not made through the ECART PAY Platform.

Since ECART PAY is not responsible for the obligation that gave rise to the request for payment management, ECART PAY will not be responsible or verify the causes, amount or any other circumstance relating to such request, as well as the existence, quality, quantity, performance, condition, integrity or legitimacy of the goods or services that you have offered, purchased or sold and paid using ECART PAY, as well as the ability to contract Users and the veracity of the personal data entered by them.

  • Of the Funds

Once ECART PAY has accepted your request for payment processing, you must settle and/or transfer to ECART PAY the amount of money necessary to comply with the payment instruction. 

You will deliver the funds to ECART PAY by using a) any of the means available for such purpose and authorized by ECART PAY. In the event that the funds you have delivered exceed the amount of money necessary to fulfill the payment instruction, ECART PAY will recognize such excess as available money and may be transferred to your bank account back upon receipt of the instruction from you. In the event that the funds delivered by the User are less than the amount of money necessary to fulfill the instructions, ECART PAY will not be able to fulfill the instruction and the funds delivered will be returned by the same means.

 

1.12 HERITAGE MATERIAL

Unless specifically requested, we do not solicit or wish to receive any confidential, secret or proprietary information or other material from you through the Website, by email or in any other way. Any information, creative works, demonstrations, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials that you submit or submit to us (including, without limitation, anything you submit or submit to our chat, message boards and/or our blogs, or that you send us via email will be deemed non-confidential or secret and may be used by us in any manner consistent with the Website.By submitting or sending us materials, you, I You represent the legitimacy of the submitted materials, that no other person has any rights to them, and that any "moral rights" in the submitted materials have been waived, and II You do not grant us or our affiliates, rights and licenses royalty-free, unrestricted, worldwide, irrevocable, non-exclusive and fully transferable, which may be assigned and sub-licensed, to use, copy, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, display and incorporate in other works any of the submitted materials in any form, medium or technology not known or to be developed, including for promotional and/or commercial purposes. 

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

 

1.13 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, design and organization of the Website and the compilation of the contents, codes, data and materials therein, including but not limited to any copyrights, rights 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 give you ownership of any of the content, code, data or materials that you may access on or through the Website.

All software and content on the Website, including; HTML code, texts, animations, images, etc., as well as the trademarks, trade names and/or distinctive signs shown, 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 the reproduction, modification, distribution, transmission, republication, arrangement or representation of any elements of it, is strictly prohibited except with the express written consent of ECART PAY.

 

1.14 PROHIBITED USE

Any commercial or promotional distribution, publication or exploitation of the Website or any of the content, code, data or materials on the Website is strictly prohibited, unless you have received prior written permission from authorized ECART PAY personnel. , or any other holder of applicable rights. Except as expressly permitted in this Agreement, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any of the content, code, data, or materials on or available through the Website. You further agree not to alter, edit, delete, remove or otherwise change the meaning or appearance of, or repurpose any of the content, code, data or materials on or available through the Website, including, without limitation, the alteration or removal of any trademark, registered trademark, logo, service mark, or any other proprietary content or proprietary rights notice. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material on or through the Website. If you make any other use of the Platform or the content, code, data or materials on or available through it, except as provided above, you may bypass copyright and other laws of the United States of America and other countries, as well as applicable laws and you may be subject to legal responsibility for such unauthorized use.

 

1.15 TRADEMARKS

The trademarks, logos, service marks, registered trademarks (hereinafter "Trademarks"), displayed 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 to, associated with, or sponsored by their rights holders and that are likely to cause customer confusion or in any way that disparages or discredits their rights holders. All Trademarks not owned by ECART PAY that appear on the Website or through our Platform services, if any, are the property of their respective owners. None of 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 third parties that may be owners. of said trademark. Misuse of the trademarks displayed on the Website or on or through any of the Website's services is strictly prohibited.

 

1.16 NOTIFICATIONS

For the purposes of making timely notifications, ECART PAY designates as the contact address the one specified as its own in the stipulated at the beginning of these Terms. The email provided by you during the registration process on the Website will be used by ECART PAY for the purpose of notifying you from the moment of contracting. It will be your obligation to keep your data duly updated, which for the purposes of notifications are referenced in this section. All notifications made to you by ECART PAY will be considered validly made if they have been made using the correct and precise data, through the aforementioned means.

ECART PAY and its related companies shall not be liable for any conduct on your part that originates from or is linked to information contained in false e-mails or that appear to come from ECART PAY that are sent by third parties unrelated to ECART PAY or its related companies; nor shall they be liable for the harmful consequences of such conduct, nor for the circulation of the aforementioned false e-mails.

 

1.17 APPLICABLE LAW

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

 

1.18 CONTROVERSIES

Any controversy related in any way to your visit to ECART PAY will be submitted to alternative dispute resolution methods, with the exception that, to the extent that you, in any way, have violated, threatened to violate the rights of intellectual property of ECART PAY, the latter may request precautionary measures or other types of reparation before the State or Federal Court in the State of Delaware and, you agree to submit to the jurisdiction and exclusive venue of said courts.

 

1.19 SITE POLICIES, MODIFICATION AND SEVERABILITY

It is necessary that you review our policies published on this Website. These policies will also govern your visit to any Platform in connection with ECART PAY. We reserve the right to make changes to our Website, policies and these Terms at any time. In the event that any of the stipulations prove to be invalid, null or for any reason unenforceable, such condition will be considered separate from the validity and applicability of any of the other conditions.

 

1.20 ECART PAY CAMPAIGNS

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

ONCE YOU READ THESE TERMS, YOU ACCEPT THE TRUTH AND LEGITIMATION OF THESE AND THE GUIDELINES BY WHICH THE COMMERCIAL RELATIONSHIP WILL BE GOVERNED.


2. TERMS AND CONDITIONS FOR USE
OF PAYMENT GATEWAYS

The following Terms and Conditions (hereinafter the "Terms") shall govern the use that you as User give to the digital platform (hereinafter "Website" and/or "Platform") exclusively for the service that is available for the use of electronic payment platforms (hereinafter "Payment Gateways"). 

These Terms regulate the use of the ECART PAY, S.A.P.I. DE C.V. website (hereinafter "We" and/or "ECART PAY").

ECART PAY has an address located at Belisario Domínguez, 2470, floor 3, Colonia Obispado, Monterrey, Nuevo León, C.P. 64060.

By using the Website, it will be understood that you agree with these Terms as they relate to your use of the Website. If you do not agree to these Terms, please do not use the ECART PAY Website.

ECARY PAY reserves the right to change the Terms at any time and without notice by posting the changes on the Website, so it shall be your obligation to be aware of them.

 

2.1 DEFINITIONS

The following definitions applied in singular or plural form are detailed below:

API: Is the ECART PAY Application Programming Interface and any tool made available to developers.

Application / App: Is the software application, the Website or by any other means that is developed, maintained or operated to interact with the API, the Website and/or the Services provided by ECART PAY.

Checkout: It is the final part of the purchase process, when you or your customers confirm the selected products or services, enter their data and complete the payment through the available payment methods.

Commission: Any charge, regardless of its denomination or modality other than interest, that ECART PAY charges for the Services rendered.

User Account: Means the account through which the User is initially identified and which is required for ECART PAY to provide its Services.

Dashboard: The control panel located within the ECART PAY Platform.

Payment Link: Means a payment method through a web link that allows the User to make electronic payments through the ECART PAY Services, provided that the User uses his/her personalized Access Keys to access the different Payment Gateways.

Access Keys: Unique identifier used to detect the User's identity when using the ECART PAY API; it is composed of a private API key and a public API key.

Payment Gateway: To the different platforms made available and that may be used by Users who have Access Keys to process online payments, these same authenticate and securely transmit the data of the holder of a bank card automating the payment transaction.

Services: Means the service provided by ECART PAY, where the Platform is made available for the processing of online payment requests through the different Payment Gateways.

Website and/or Platform:  Any of the technological content available by or through this website.

Transaction: The operation consisting of the processing of any payment request through the different Payment Gateways that are made available to the User on the Website.

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

 

2.2 YOUR RELATIONSHIP WITH ECART PAY

The use you make on the Website, as well as with the software and digital Platform, which will provide the Services will be the relationship between you and Us.

You state that the contractual relationship that may be generated by the use of the Platforms for the contracting of ECART PAY Services, will be carried out through electronic means.

By using the Platform, you declare that you act on your own behalf and that the service will be for personal use and never for a third party.

 

2.3 PLATFORM

We are constantly innovating the Platform/Website in order to provide you with the best possible experience. By these Terms, you acknowledge and agree that the content and nature of the service provided by ECART PAY may change from time to time, without notice.

As part of this ongoing innovation, you acknowledge and agree that we may suspend, either permanently or temporarily, the service or any of the features therein, for you or for Users generally. At ECART PAY's discretion and without prior notice, your use of the Services may be discontinued at any time.

By these Terms, you acknowledge and agree that if ECART PAY disables access to your account, you may not be able to access the Services, your account information, or files or other content in your account.

 

2.4 USER INFORMATION

During the time you are using our Website and/or the Services made available to you on or through the Website, you may be asked to provide certain personalized information, which ECART PAY guarantees you maximum protection and which will be used solely for the use of the Platform in your relationship with Us.

Likewise, ECART PAY informs you that for more information about the use of your personal data and the rights you can exercise, you can consult or access the privacy policy at: www.ecartpay.com 

 

2.5 ACCOUNT REGISTRATION

If you wish to use our Services you must register by accepting these Terms. ECART PAY informs you that for certain Services you wish to use you must complete the identification form in all fields with valid data and accurate, precise and true personal information. 

You agree to update your personal data as necessary.

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

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 to the prior completion of the corresponding User identification registration form.

ECART PAY may make available certain Services for the use of which it may require the completion of additional registrations and/or the payment of certain considerations. Where appropriate, such registration shall be made in the manner expressly indicated in the service itself or in the particular conditions that regulate it.

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

We reserve the right to reject a registration request or to cancel or suspend, temporarily or permanently, an account in case of: a) detecting inconsistencies or inconsistencies in the information provided; b) in case 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 rights to compensation or indemnification; c) in case the activity that you have declared is defined as prohibited in accordance with these Terms.

You will not be able to register with us in case you have or have had sanctions related to any criminal situation, terrorist list and, any relation with any type of fraud sanctioned or not.

An account will be generated with an email address and an associated "password" for each User. The use of your account is personal and non-transferable, so that you agree that, at all times, you will be solely responsible for all movements made on your account and to keep safe the password with which you will have access to the Platform.

ECART PAY, reserves the right to reject any registration request or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this giving rise to any right to compensation or indemnification.

In consideration of your use of the Services, you confirm that you have sufficient legal capacity to enter into these Terms under the laws of the United States of America or other applicable jurisdictions. If you provide any information that is untrue, inaccurate or outdated and/or incomplete, or if ECART PAY has reasonable grounds to suspect that you have violated these Terms, ECART PAY has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.

 

2.6 DESCRIPTION OF THE SERVICES

ECART PAY may provide the Services to you through its digital Platform or other integration options.

ECART PAY declares that it may by itself or through its affiliates or subsidiaries and/or contractors, individually and segregated, to provide the Services and access to the Platform to make the connection to the different Payment Gateways, this by configuring your system through API credentials, in order to achieve an integration of different Platforms.

To use the service and generate a Payment Link, you must have private access keys in any of the Payment Gateways that are available on the Platform, you must perform the following steps:

  1. Once you have registered you will have two options, which will appear on your Dashboard:
    • Option 1: Link to receive payments.

      ECART PAY will provide you through your Dashboard within the Platform and in the section "Share your link to receive payments", an exclusive and unique link that you can copy and share with any of your customers. The function of this link is to automatically redirect your customers to the ECART PAY payment checkout, where they will proceed to make the payment of their respective purchase by filling out the requested data (concept, amount, payment option, among others).

      Once your customer makes the payment through the Payment Link provided, the movement will be reflected in your account within the ECART PAY Website.

      You are responsible for the correct use of the Payment Link, for its correct operation you must configure the amount to be paid, make sure of the available payment methods, take into account the expiration dates of the Payment Links once issued and explain how this payment method works to your customers.

    • Option 2: API Integration.

      An API key is a combination of a unique identifier and a password that is used to identify and authenticate user calls to ECART PAY APIs.

      ECART PAY will provide you with API keys to integrate your system. You have a "private key" and a "public key", it is important that you do not expose your private key anywhere in your program, using it only from your server.

      You can integrate the payment checkout in your own web page, so that your customers will have the option to make the payment for their online purchase directly, so they must fill in the corresponding bank details to proceed to the payment. Once the payment has been made, you will be able to view the transaction immediately in your account on the ECART PAY Web Site.

  2. You will be able to find in the "Activity" section of your Dashboard a report issued automatically by the system with a breakdown of the total transactions made to your account through the Website.

The foregoing with the understanding that ECART PAY does not and will not interfere in your banking transactions made through your web page or through the Payment Link provided, so that such amounts transferred are independent of the service that ECART PAY provides in accordance with these Terms.

You are responsible for performing the integration on your own website. ECART PAY is only obliged to provide you with the access link and API keys for such integration, which will be available on your Dashboard within the Platform, so there is no software license involved.

 

2.7 CONSIDERATION

For the Service used as described above, you agree to pay ECART PAY a commission of $3.70 MXN, for each transaction made to your account and by your customers. The commissions will be charged in the same currency in which the transaction was made and you will be obliged to settle them through electronic transfer to a bank account that ECART PAY makes available to you within the Platform within 5 (five) calendar days following the receipt of your invoice.

All commissions do not include taxes. In case there is any increase in the mentioned commission, ECART PAY is obliged to inform you at least 30 (thirty) calendar days prior to the date on which such increase will take effect.

All transactions made to your account will be registered in the ECART PAY system and you will be able to view them in the "Activity" section.

The Services will be invoiced by ECART PAY on a monthly basis and will include the transactions made during the month; in the understanding that, once the invoice is delivered, you will have 5 (five) calendar days to review it, indicating to ECART PAY in case of any correction. If after the aforementioned term you do not present any claim, the invoice will be understood as fully accepted for all legal effects.

 

2.8 HERITAGE MATERIAL

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Web Site, by e-mail or otherwise. Any information, creative works, demonstrations, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials you send or submit to us (including, for example, without limitation, that which you submit or send to our chat groups, message boards and/or our blogs, or which you send to us via e-mail will be deemed to be non-confidential or secret and may be used by us in any manner consistent with the Web Site. By submitting or sending materials to us, you, (i) represent the legitimacy of the materials submitted, that no other person has any rights in them, (ii) You grant us or our affiliates royalty-free, unrestricted, worldwide, irrevocable, non-exclusive, fully transferable, assignable and sublicensable rights and licenses to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate into other works any of the submitted materials in any form, media, or technology now known or hereafter developed, including for promotional and/or commercial purposes. 

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

 

2.9 PROPERTY RIGHTS

ECART PAY is the exclusive owner of all rights, title, and interest in and to the Website to all content (including for example: audio, photographs, illustrations, graphics, other visual media, video, copy, text, software), code, data and materials therein, the look and feel, design and organization of the Website and the compilation of the content, code, data and materials therein, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant you ownership of any of the content, code, data or materials that you may access on or through the Web Site.

All software and contents 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 the reproduction, modification, distribution, transmission, republication, arrangement or performance of any elements of the Website is strictly prohibited without the express written consent of ECART PAY.

 

2.10 PROHIBITED USE

Any distribution, publication or commercial or promotional exploitation of the Website or any of the content, code, data or materials on the Website is strictly prohibited unless you have received the prior written permission of ECART PAY's authorized personnel, or other applicable rights holder. Except as expressly permitted in the Agreement, you may not download, report, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any of the content, code, data, or materials on or available through the Website, You further agree not to alter, edit, delete, remove or otherwise change the meaning or appearance of, or change the purpose of, any of the content, code, data or materials on or available through the Web Site. including, without limitation, the alteration or removal of any trademark, registered trademark, logo, Service mark or any other proprietary content or proprietary rights notice. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you make any other use of the Platform or the content, code, data or materials thereon or available through the Platform, other than as provided above, you may violate copyright and other laws of the United Mexican States and other countries, as well as applicable laws, and may be subject to legal liability for such unauthorized use.

 

2.11 TRADEMARKS

The trademarks, logos, Service marks, registered trademarks (hereinafter "Trademarks"), displayed on the Website or in the content available through the Website are registered, unregistered and other trademarks of ECART PAY and may not be used in connection with products and/or Services that are not related to, associated with or sponsored by their rights holders and are likely to cause confusion to customers or in any manner that disparages or discredits their rights holders. All non-ECART PAY Trademarks appearing on the Website or through our Platform Services, if any, are the property of their right respective owners. Nothing contained 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 such third party that may own such trademark. Your misuse of the trademarks displayed on the Website or on or through any of the Website Services is strictly prohibited.

 

2.12 NOTIFICATIONS

For the purposes of providing appropriate notifications, ECART PAY designates as its contact address the address specified at the beginning of these Terms. The e-mail address provided by you during the registration process on the Website shall be used by ECART PAY for the purpose of sending you notifications from the time of contracting. It shall be your obligation to keep your data duly updated, which for the purposes of notifications are referenced in this section. All notifications made to you by ECART PAY shall be considered validly made if they have been made using the correct and accurate data, through the aforementioned means.

ECART PAY and its related companies shall not be liable for any conduct on your part that originates from or is linked to information contained in false e-mails or that appear to come from ECART PAY that are sent by third parties unrelated to ECART PAY or its related companies; nor shall they be liable for the harmful consequences of such conduct, nor for the circulation of the aforementioned false e-mails.

 

2.13 APPLICABLE LAW

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

 

2.14 CONTROVERSIES

Any dispute relating in any way to your visit to ECART PAY shall be submitted to alternative dispute resolution methods, except that, to the extent you have in any manner violated or threatened to violate ECART PAY's intellectual property rights, ECART PAY may seek injunctive or other relief in a State or Federal court in the State of Delaware, and you agree to submit to the exclusive jurisdiction and venue of such courts.

 

2.15 POLICIES, MODIFICATION AND DIVISIBILITY OF THE WEB SITE

You should review our policies posted on this Website. These policies will also govern your visit to any Platform in connection with ECART PAY. We reserve the right to make changes to our Website, policies and these Terms at any time. In the event that any provision of these Terms shall be invalid, void or for any reason unenforceable, such provision shall be deemed severable from the validity and enforceability of any other provision.

 

2.16 ECART PAY CAMPAIGNS

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

ONCE YOU HAVE READ THESE TERMS, YOU ACCEPT THE TRUTHFULNESS AND LEGITIMACY OF THESE TERMS AND THE GUIDELINES BY WHICH THE COMMERCIAL RELATIONSHIP WILL BE GOVERNED.