Terms and Conditions of Use

    I.        General

The purpose of this contract is to establish the Agreements and Conditions applicable to the use of the website and the services offered by Pagadito, Sociedad de Responsabilidad Limitada, a company incorporated under the laws of the Republic of Panama, or its affiliates, within the website www.pagadito.com or the different websites redirected to it from the different ccTLD (Country Code Top Level Domain), hereinafter referred to as "Pagadito".

The Agreements established in the present document constitute a contract between any Natural or Legal Person (hereinafter referred to as User or Users) who wishes to use Pagadito's Payment Platform.

The User has agreed to this contract in order to:

a) Pagadito to make on behalf of the User the payment and/or collection of a Product or Service acquired through a purchase and sale transaction in any Pagadito Comercio by any of the available payment methods and payment channels,

b) Make balance transfers from your My Pagadito Account to My Pagadito Accounts of other Users,

c) Recharge your Pagadito Account through one or more credit and/or debit cards or

d) Withdraw balance from your Pagadito Account to a bank account.

These Terms and Conditions of Use describe the rights and responsibilities of the User and Pagadito when using the Payment Platform and any related Product or Service offered by Pagadito.

The User must read, understand and accept all the conditions established in this document and other policies and principles that integrate it, before registering as a User and using Pagadito's services. If the User does not accept the Agreements and Conditions of Use and other Pagadito's Policies, he/she should refrain from using the services offered by Pagadito.

    II. Registration

Minors under 18 years of age, deaf people who cannot understand each other in a clear way, suspended or cancelled Pagadito Users, and in general, only natural persons who have the capacity to acquire rights and contract obligations by themselves, without the need of authorization from another, may not register or use Pagadito. For legal entities, whoever contracts in the name and on behalf of them, must be the one who has the legitimate and sufficient legal capacity to do so.

Pagadito's services must be used in its own name or in representation or on behalf of third parties in the case of legal entities. The concession of these services to third parties is not allowed, unless expressly authorized by Pagadito.

Any person who wishes to use Pagadito's services must register in Pagadito or complete the corresponding forms and accept these Agreements and Conditions of Use and other Policies.

To register in Pagadito it is necessary to complete the form presented in all its fields with exact, precise and true Personal Information ("Personal Information"). The User agrees to update the Personal Information as necessary. All the information entered by the User has the character of a Sworn Statement.

Then, in case of Registration in Pagadito, it is necessary to validate the credit or debit cards and activate the Pagadito Account.

On the other hand, Pagadito reserves the right to:

(a) Request proof and/or additional information to ratify the information provided by a User. If the Personal Information cannot be verified, Pagadito may temporarily or definitively suspend the User.

b) To reject a registration request or to cancel or suspend, temporarily or definitively an account, in case of detecting inconsistencies in the information provided by a User or in case of detecting suspicious actions, without such decision generating any indemnification or compensation for the User.

Pagadito is not responsible for the accuracy of the Personal Information provided by its Users, therefore, it is the Users who guarantee and respond, in any case, for the truthfulness, accuracy, validity and authenticity of the Personal Information entered.

For more information see Registration Policy.


  III. Privacy of the Information

The Personal Information of the Users will not be given to other companies, except what is established in the Privacy Policy. Pagadito will share the information with value added service providers that are integrated to Pagadito to provide better service to the Users, and with those companies that provide information about the history and credit behavior of the Users, which is accepted by the User when subscribing the present "Agreements and Conditions of use of Pagadito".

The transmission of Personal Information is done through a secure Internet site that has protection and encryption of the same. Such information is stored in magnetic means that use security procedures of adequate level to the type of stored information.

Pagadito will maintain the confidentiality and security of the Personal Information, but is not responsible if third parties obtain it by their own means and illegally.

 

For further information see Privacy Policy.


IV. Pagadito Account

Upon registration with Pagadito, the User will open a "Pagadito Account" or "Account". The Pagadito Account will allow the User to make and receive payments, as well as receive and send funds by debiting or crediting the Account.

The User will access his/her Pagadito Account by entering his/her User Pseudonym and Personal Password ("Personal Password").

The User is obliged to maintain the confidentiality of all his Passwords. By virtue of it, the User will be the exclusive responsible for all the operations carried out in his Account. In addition, the User agrees to change his or her Personal Password in case he or she suspects or notices any unauthorized use of his or her Account, as well as login or login attempts by unauthorized third parties.

    V.        Account Types

Pagadito makes available to Users two types of Accounts:

1. "Pagadito Personal Account".

This type of account is available to any person who registers with Pagadito, i.e. to persons who wish to use their account to make purchases at any Pagadito Comercio or make any type of payments, as long as they meet the corresponding requirements such as providing personal data.

2. "Pagadito Comercio Account".

Access to this type of account will be available to Users who are business owners, i.e. sole traders and partnerships, who have a Pagadito Comercio or who wish to receive payments.

The Pagadito Account, whatever its type, is personal, unique and non-transferable; it will be assigned to a single User and it is forbidden to sell, assign or transfer it in any way, including reputation. The User may not allow or authorize the use of his Account to third parties.

Any reference to money shall be understood to be made in Dollars of the United States of America.

VI. Payment Management Mandate

Payment Management Agreement

The User and Pagadito (the "Parties"), enter into payment management agreements, whereby Pagadito will provide payment management or processing services according to the User's instructions, in order to pay or receive funds on behalf of the User, using the platform provided by Pagadito on the Pagadito Merchants' websites or through any payment method and payment channels available.

Payment requests that are timely completed shall be governed by these Agreements and Conditions of Use and other Pagadito Policies.

Irrevocable Mandate

By making a payment request, the User is granting an irrevocable mandate to Pagadito to:

1. pay for the account and order of the User a certain amount of money (the "Funds") in relation to which the payment request is completed; and/or 2.

2. Collect the Funds for the account and order of the User, subject to Pagadito's Agreements and Conditions of Use and other Policies.

Pagadito will not use the User's Funds for purposes other than those instructed by the User.

Nature of the Service

Pagadito provides the management of payments to its Users through a means of payment of its property. Pagadito is NOT a financial entity, therefore it does not provide banking services, consequently, the funds credited in the Pagadito Account do not cause active interests. The User may use the funds at his/her discretion and in accordance with these Agreements and Conditions of Use and other Pagadito policies.

 VII. Payment Procedure

1. Request for Payments

The request for payments (The Request) is the beginning of the collection and payment procedure through Pagadito. The Request will be made through the acceptance by the User of a payment request where the instructions regarding the use of the Funds will be detailed.

Any collection request sent by a Pagadito Comercio, requiring the payment or collection of amounts for obligations contracted by the Pagadito User constitutes a payment request, which can be made through any of the payment channels, such as: Payment button on website, payment button on digital invoices, QR on printed invoices, payment by call center, payment link, payment by mail, mobile POS and payment by QR; and with any of the available means of payment: balance in Pagadito account, credit or debit cards and electronic wallets.

Pagadito reserves the right not to process requests that are incomplete or where there are differences between the information provided by the Users and the information actually entered to Pagadito or because Pagadito deems it necessary, according to its sole discretion. Payment instructions entered in a Request may only be made through Pagadito's Platform.

The payment request will not be considered perfected and Pagadito will not assume any obligation under the request until it has been accepted by Pagadito, received and all Funds, including applicable fees and expenses, are available.

Pagadito shall not be liable for erroneous or incomplete payment requests and/or payments caused by the wrong input of data in the request, by missing relevant information of the recipient or of the payment transaction, or by any other errors or omissions caused or made by the User.

2.     Charging of funds

Once the request is accepted by Pagadito, the amounts will be automatically charged to the means of payment selected by the User, either through the balance in the Pagadito Account, a credit or debit card or an electronic wallet.

The User accepts that when opening a Pagadito Account, he/she must enter a credit or debit card, which is validated and can then be used to charge the amounts of the payment requests, as indicated by the user.

3.     Crediting of Funds

The term for the crediting of the Funds in the User's Pagadito Account will be made in the time established for each Merchant, after having received the payment from the Buyer.

Pagadito will make reasonable efforts to ensure compliance with the deadlines indicated above. However, the User understands that certain factors, mostly external and/or out of Pagadito's control, could cause delays, in which case the User exempts Pagadito from any responsibility for the inconveniences or derivatives.

In case Pagadito considers that a User is possibly using the mechanisms to recharge funds in an irregular manner, Pagadito may unilaterally terminate this contract, without any type of responsibility.

The User agrees not to apply any additional charge for accepting payments or receiving funds through the Platform.

Limits

Pagadito will determine a maximum amount for payment requests, which may vary according to the chosen payment method, type of request and/or at Pagadito's discretion, and may even be amended at any time, being sufficient its publication in Pagadito.

VIII. Liability of  Parties

Pagadito is not responsible for and does not guarantee the fulfillment of the obligations assumed by the Users with third parties in relation to the payments to be made or received through Pagadito. The User acknowledges that when making transactions with other Users or third parties, he/she does it by his/her own will, giving his/her consent under his/her own risk and responsibility. Pagadito will not be responsible for the damages and/or prejudices that the User may have suffered, due to the transactions made or not made through Pagadito.

On the other hand, and since Pagadito is alien to the obligation that originated the payment request, Pagadito will not be responsible for such obligation, nor will it verify the causes, amount or any other circumstance related to such request, as well as the existence, quality, quantity, operation, condition, integrity or legitimacy of the products or services offered or acquired by the Users and paid using Pagadito, nor the capacity to contract of the Users and the truthfulness of the personal information entered by them.

In case one or more Users or any third party initiate any type of legal action against another or other Users, each of the Users involved in such claims, release Pagadito and its directors, managers, employees, agents, operators, representatives and attorneys-in-fact from liability. The maximum liability accepted by Pagadito is up to the amount it would have charged for the services rendered to a User in a specific transaction.

It is established that Pagadito will keep the funds of the Pagadito Accounts as a deposit on behalf of third parties, separately, in a special bank account and will use several reliable agents to transfer money, according to the instructions of the Users.

Pagadito will only use banks with excellent international ranking as well as electronic wallet providers, among others, however it will not be responsible in any case for the insolvency of the Bank, financial entity or agent used for the transfer of the Funds or any regulatory change that affects the account in which the Funds are deposited by Pagadito. Therefore, the Users exempt Pagadito, its affiliates or subsidiaries, controlling and/or controlled companies from responsibility for situations that may affect the banking, financial entities and/or agents where the funds of the Accounts are deposited, as well as for political and economic situations that may arise and that are beyond Pagadito's control. In such case, the User must deliver to Pagadito all the additional amounts necessary for Pagadito to fulfill its mandate.

In addition, in the situation described above, Pagadito will have the right to choose the option that, at its discretion, is the most convenient, even if it implies reductions, commissions or waits in the amounts deposited, even if it implies reductions, commissions or waits in the amounts deposited.

Pagadito does not guarantee the uninterrupted access and use of its platform nor of its suppliers' platforms and all that it includes, therefore it will not grant compensations derived from the claim for such failures, however the User is suggested to contact Pagadito's Team through the form provided in the site to point out any inconformity. The User releases Pagadito from any responsibility for damages and/or loss of profit.

    IX.        Rates

To know the fees for using Pagadito's platform to collect, pay, send or receive money, as well as other fees for operating through Pagadito, see Charges.

 

X.        Prohibitions

Transactions carried out through Pagadito must not violate applicable laws, this Agreement and Conditions of Use and other Pagadito policies. Among other activities, it is prohibited to use Pagadito for gambling, trafficking of arms, people, animals, drugs or prohibited substances; money laundering and/or terrorism; pornography, prostitution, human trafficking, pedophilia; any type of activity that may be considered fraudulent or illegal or suspected of being so.

It is strictly forbidden to use Pagadito for cash advances or loans, that is to say those transactions in which it is perceived that a User adds Funds to his/her Account and withdraws such funds or if a first User makes a payment request in favor of a second User, who later makes a new payment request or transfer of funds in favor of the first User, being the first one the one who finally withdraws the Funds.

When Pagadito believes that its services have been used to carry out prohibited activities, it will be able to reject, cancel or suspend a payment request, limit the access and use of an Account or cancel definitively an Account, without any responsibility. This is without prejudice to the pertinent legal actions that Pagadito may take against the infringing User.

The User is the only responsible for the damages that his conduct may cause to Pagadito, its controlling, controlled, affiliated or subsidiary companies, officers, employees, directors, agents and/or to other Users, for which he will be liable for the damages he may cause.

To learn more about prohibited activities see Restricted Activities.


   XI.        Claims Resolution Mechanisms

When there are complaints from a User, the Complaint Solution Mechanism implemented by Pagadito must be activated. To do so, the User will fill out a Complaint Form, indicating the reasons for the complaint. For more information see Complaint Resolution Mechanisms.

 

    XII. Intellectual Property Rights

Pagadito, its controlling, controlled, affiliated and/or subsidiary companies, are owners of all the Intellectual Property rights over its web site and its content, codes, software, hardware, domain name, logos, trademarks, symbols, designs, structure, databases, its content and information and others, that from time to time, Pagadito may acquire.

The User expressly recognizes that he/she does NOT have any right over them. Pagadito only authorizes the Selling User to use the instruments of Sale that it will put within its reach and with the only objective of carrying out the operations enunciated in this Agreement. Pagadito only authorizes the Seller User to make use of its Intellectual Property, in what refers to the Sales Tools made available to the Seller User for the fulfillment of the activities derived from the present Agreement.


   XIII. Changes to Pagadito's Agreements and Conditions of Use and other Pagadito policies

Pagadito reserves the right to change or renew at any time the present agreement and other policies. These modifications will be made public to the Users through a notification and/or publication on the website.

The User has 5 calendar days after receiving the notification to indicate whether or not to accept the changes. If the User does not accept the changes the agreement will be terminated. Silence on the part of the User shall be presumed to be acceptance of the changes.  

 XIV.        Grounds for termination of this Agreement

This Agreement may be terminated by mutual agreement between Pagadito and the User without any cause. This will result in the cancellation of the User's Account and the fulfillment of the pending obligations will remain in force.

This Agreement may be terminated unilaterally by Pagadito, in its sole discretion, with prior notice to the User when there are non-compliances by the User to the laws, as described in this Agreement and other Pagadito's policies. All of the above without prejudice of the legal actions that Pagadito may take.

XV. Recordings and transcriptions of Pagadito

The User may make copies of this Agreement and its components. The User authorizes Pagadito and/or whoever Pagadito designates to keep a recording of the transactions made within the site and to use them as evidence in the pertinent instances.

The User recognizes as full proof of the transactions made, Pagadito's internal electronic records stored in its system that register the client's changes and the amounts originated by the transactions and, consequently, the balances that Pagadito certifies based on such information and for these purposes.

The certificates issued by Pagadito are equivalent to a receipt and are opposable to the User.

   XVI.        Notifications

Notifications will be valid if they are made to the main e-mail address provided by the Users at the time of registration in Pagadito.

    XVII.        Official Time

Pagadito's official time is established as GMT-5, therefore all transactions made through said platform shall be adjusted to the mentioned time regardless of the country from where the transactions are made.

   XVIII. Applicable Jurisdiction

This agreement is governed by the laws in force in the Republic of Panama. The User waives its domicile and for effects of this contract designates as special domicile the city of Panama, and submits to the jurisdiction and laws of the Republic of Panama. The domicile of Pagadito, S. de R.L. is fixed as Panama City, Republic of Panama.

 XIX.        Annexes

They are part of this Agreement and therefore bind with its acceptance the different policies and guidelines of Pagadito:

Registration Policy

Privacy Policy

Restricted activities in Pagadito

Types of Users and Accounts

Payment Agreement

Payment Policy

Policy for Reloading, Transfers and Withdrawals

Charges

Claims Settlement Mechanisms

Chargeback Policy