This Agreement constitutes an important document. It is a binding contract between Gualy Payment, CA, a commercial company registered and domiciled in the city of Maracaibo of Zulia State, in Venezuela (hereinafter Gualy) and you, which applies to your use of: the website, the mobile application, the products or services that we can provide or offer, your member account (“Account”), any other website or associated applications and subject to an Agreement for developers. We may modify or update this Agreement periodically and we will notify you of such modifications under our Electronic Communications Provision Policy set forth in Section 2. Your continued use of the Service will be subject to the modifications we introduce.
If you do not accept the terms of the Agreement, you will not be able to join as a member, you will not be able to create an Account and you will not have the authorization to use the Service for any purpose. If you have any questions, you can contact our member and user support center.
If you accept the terms and conditions of this Agreement on behalf of a legal entity, you confirm that you are an authorized agent to do so on behalf of that entity.
THIS IS A DOCUMENT OF GREAT IMPORTANCE, THAT YOU MUST ANALYZE CAREFULLY TO DECIDE WHETHER YOU ACCESS AND / OR YOU HAVE A MEMBER AND / OR USE THE SERVICE. THIS AGREEMENT CONTAINS PROVISIONS GOVERNING THE RESOLUTION OF THE CLAIMS THAT YOU AND WE CAN HAVE BETWEEN US (SEE SECTION 15 “CONTROVERSIES”). IT ALSO CONTAINS AN AGREEMENT FOR ARBITRATION, WHICH WILL REQUIRE YOU AND WE TO PRESENT ANY CLAIMS BINDING AND FINAL ARBITRATION, UNLESS YOU REJECT THE AGREEMENT ON ARBITRATION (SEE SECTION 15 “CONTROVERSIES”) BEFORE 30 DAYS AFTER THE DATE ACCEPTANCE OF THIS AGREEMENT FOR THE FIRST TIME. WE WILL CONSIDER THE DATE OF ACCEPTANCE ON THE DAY YOU BEGIN THE REGISTRATION PROCESS TO BE A MEMBER OF GUALY. UNLESS YOU REJECT IN WRITING WITHIN 30 DAYS AFTER ACCEPTANCE OF THIS AGREEMENT FOR THE FIRST TIME: (A) YOU WILL ONLY BE ALLOWED TO SUBMIT CLAIMS AGAINST GUALY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR AS PART OF A CLASS ACTION, OR REPRESENTATIVE, AND (B) ONLY YOU WILL BE ALLOWED TO SEEK COMPENSATION (BE MONETARY, PRECAUTIONARY MEASURES AND DECLARATIVE REPAIR) INDIVIDUALLY.
OUR LIABILITY TO YOU IS LIMITED BY THIS AGREEMENT (SEE SECTION 17 “WITHOUT WARRANTIES, DISCLAIMER OF LIABILITY AND OBLIGATIONS”).
2.1 We may be required to provide you with certain information, notices and other communications (collectively “Communications”) in writing. Under this Agreement, we will send you such Communications in electronic format. By accepting this Agreement, you confirm the possibility and consent to receive such Communications electronically, instead of on paper.
2.2 You accept and consent to the electronic reception of all Communications, including, among others, the amendments to this Agreement and other documents, notices and information that we provide in connection with your use of the Service. The “Communications” include, among others:
confirmations of transactions, acknowledgments of receipts, authorizations, disclosures, invoices or confirmations;
statements and transaction histories;
national, regional and state tax returns, if they require us to make them available to you; Y
all other communications or documents related to you or your Account and your use of the Service.
2.3 Electronic Communications will be considered received as follows:
when publishing them in your Account or in an associated mobile application;
when posting them on the website or in a mobile application associated with us or the Service;
by sending them via email to the email address you used when registering for the Service; or
by communicating them in another way through the Service.
2.4 It is your responsibility to open and review the Communications that we send you through the methods described above. We can, but we are not obliged to, warn you of the availability of a Communication sent through any of the methods described above (for example, informing you of such Communication by notifying your mobile device).
2.5 It is your responsibility to register your primary email address and keep it updated so that we can communicate with you electronically. You understand and accept that if we send you an electronic communication, but you do not receive it because the main e-mail address registered with us is incorrect, outdated, blocked by your provider or you cannot receive electronic communications for any other reason, we will consider that We have sent the Communication.
2.6 Please note that, if you use spam filters that block or divert emails from senders not included in your address book, you may have to add us to receive the Communications that we send you.
2.7 You can update your primary email address and other contact information at any time by logging into the Service and browsing your profile. If your email address is no longer valid and the electronic Communications we send you are returned to us, we may consider your Account inactive and may not be able to use the Service until you send us a valid primary email address.
2.9 If you request additional copies of the Communications or if you withdraw your consent, the following additional terms will apply:
you can contact us, or another applicable service provider, to request another electronic copy of the Communication, free of charge;
You may request a paper copy of such electronic Communication within ninety days after the date of publication of the original Notice, and we reserve the right to charge you for such paper copy;
you can contact us to update your registration information used for electronic Communications or to withdraw your consent to receive electronic Communications; Y
we reserve the right to terminate your use of the Service and any product or service of associated service providers if you reject or withdraw your consent to receive electronic Communications.
You can contact us regarding this Section 2.
STATEMENTS THAT YOU PRESENT US.
You declare and assure us that the following statements are and will be true:
3.1 You are over 18 years of age and are authorized to enter into a legally binding agreement.
3.2 You reside legally in Venezuela.
3.3 You will not participate in any Prohibited Business or any Prohibited Use.
3.4 You will provide us with your legal identity and any information and supporting documents that we request, including, among others, a copy of your identity card, driver’s license and / or a copy of your passport.
3.5 Any value (currency or cryptocurrency) that you deposit in your virtual account belongs to you or you have the legal authority to use them and are not subject to any encumbrance, interest of guarantee or claim of any kind. Additionally, these come from lawful activities and so you declare it under oath.
3.6 Your use of the Service complies with applicable legislation and regulations in the Bolivarian Republic of Venezuela, as well as international agreements and treaties aimed at preventing economic crimes, the legitimacy of capital, among others.
3.7 You will not access the Service using automated procedures of any kind. For developers, please see our Agreement for Developers
3.8 You will not send, use or upload any script, virus or malicious code. You will not program extensions, plugins or applications except those permitted under our Developer Agreement.
3.9 You will not do anything that can disable, overload or damage the operation, processing or appearance of the Service, including denial of service or other attacks.
3.10 All the information you provide will be complete and accurate, and you agree to keep all information in this way always.
3.11 You will only be able to create, own, manage and / or control an Account If you need a subsequent, additional Account, you must first obtain our written permission. You can contact us to request a subsequent, additional account, with the proposed purpose of a subsequent, additional account. We have no obligation to approve any subsequent, additional Account. If we discover that you have opened, have managed and / or manage one or more subsequent, additional accounts, without our permission, we reserve all rights, including, among others, cancel your Account (s), revoke your limited license to use the Service and take any other action that we deem necessary to protect our members, ourselves and the Service.
QUESTIONS ABOUT YOU.
DESCRIPTION OF THE SERVICE, TRANSFER OF VALUE AND SERVICES THAT WE DO NOT PROVIDE.
5.1 We provide a virtual wallet that shows the availability of the balance in your account in Bolívares.
5.2 To enter a balance in the virtual wallet, a bank transfer, affiliate a credit card or make a bank deposit is necessary.
5.3 This wallet will allow you to make payments, transfer balances, receive payments and balance transfers and in general manage the balance to and from your account. Transfers and payments can only be made between users.
5.4 Users may transfer the balance of their virtual wallet to their associated bank account to withdraw those funds. In case of not having a bank account the user can only manage his balance, making transactions, but in no case withdraw funds.
5.5 Users who do not have bank accounts can only enter balances into their account with verified bank deposits or receiving transfers of funds from other users.
5.6 Merchants affiliated with corporate accounts may receive user payments but may also make payments to employees and suppliers who are also users.
5.6 We provide the tools to track, transfer and manage virtual wallet and your Account information. Within the limits of the Service, we facilitate Value transactions in accordance with the instructions received from your Account and communicate with the transfer of the Value to the recipient.
5.7 Our application and website use the InstaPago modules as a payment gateway, to receive the funds that will be available in your virtual wallet. In this sense, these operations generate charges described in our section on Commissions.
5.8 We can charge a commission for adding or removing Value to cover expenses for transfers, bank fees or other charges. We will show the applicable fees for adding or removing Value before you complete the transaction. In addition, your bank or card issuer can charge you commissions for the transactions. We will show the applicable fees for adding or removing Value before you complete the transaction. The current commissions are available here.
5.9 The commissions published on our page on transparency may not apply from a certain volume and / or to institutional or business clients, for which we demand the conclusion of a separate agreement.
5.10 Your bank may charge you a commission for insufficient or overdraft funds if you do not have sufficient funds to complete the transaction. It is your responsibility to maintain a sufficient balance in the Account and sufficient credit limits on your credit cards to avoid overdrafts, lack of funds or similar charges. Any lack of sufficient funds will be your exclusive responsibility.
5.11 Once your account has been opened as a user, it will start with a balance of zero (0), until the first recharge of funds, when the amount deposited through any of the available mechanisms will be credited as a balance and once the fees and charges have been applied. deductions that correspond.
5.12 You grant us a security right for all the Value that comes to our power and is related to your Account, with the sole purpose of satisfying the obligations you have for us under this Agreement or otherwise. You agree to execute, lend and pay the applicable charges for any document that we request to create, perfect, maintain and apply this right of guarantee.
5.13 You agree that we may deduct any Value associated with your Account if the added funds or Value-added transaction made using a bank account or credit card is canceled by return, revocation, claim, or if it is invalidated for any other reason. We can also deduct any Value that is included in your wallet, to satisfy any amount you owe us under this Agreement or others. We reserve the right to report, suspend and / or terminate Accounts for abuse of returns.
5.14 For regulatory and compliance purposes, we reserve the right to refuse to process, cancel or reverse any added fund and / or Value-Added transaction (s) if we suspect that the transaction (s) may involve an illegal activity such as money laundering, financing to terrorists, fraud, any crime or if required by a valid legal process or if it is related to a prohibited use or prohibited business. We reserve the right to report, suspend and / or cancel Accounts for such suspicious activities.
5.15 We cannot always guarantee that there will be no delay in a requested transaction and you accept our exemption from liability for any matter relating to such delays. We depend on third parties to carry out operations and consequently we will not incur in repairing any type of damages or restitution for these delays or failures in the provision of services.
USE OF INSTRUMENT FUNDS.
We want the Service to be practical, so we can allow you to finance your transaction (s) or Account using different financial instruments and / or accounts such as bank accounts, credit cards or other means of payment. When you finance your transaction (s) or Account, you confirm that you have permission to use the associated financial instrument and / or account and you authorize us (and any particular payment processor or other service provider) to charge the full amount to the instrument financial and / or external account that you have designated. You also authorize us to collect and store said financial instrument, along with information about the transaction in question. In the same way, you declare that you are the owner of said instrument.
WE ARE NOT A BANK.
We are not a bank, so the balances are not deposits and do not accrue interest. We do not open bank accounts, we do not grant loans, we do not offer or manage banking or credit products, nor do we credit interest.
EXCHANGE OF INFORMATION.
We do not share your information except when the law requires it and / or unless we have your express written consent. If the law requires us to share your information, we will do so in accordance with our Privacy and Data Policy. Information regarding how we interact with law enforcement agents is available here. We may contact any financial institution, law enforcement or affected third parties (including other members) and share the details of any transaction in which you have participated, if we believe that by doing so, we can avoid financial losses or a violation of the law.
RISK ASSUMED WITH TRANSACTIONS.
Your use of the Service, or any of its parts, is at your own risk and we assume no responsibility for the underlying transactions of funds, or for the actions and identity of any receiver or transfer sender. If a third party submits a claim for reimbursement or we are informed of a dispute between another party and you, we are not responsible for verifying the veracity of the claims or the resolution of the dispute, including the distribution of all associated Value.
DO NOT WAIVE RIGHTS.
Our inaction with respect to a breach on your part or on the part of others does not represent a waiver of our right to act with respect to subsequent or similar breaches. This Agreement shall not be construed as a waiver of rights that can not be waived under applicable consumer protection legislation or regulations.
YOUR LIMITED LICENSE TO USE OUR SERVICE.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service, solely for informational purposes, transactions or other approved purposes, and we reserve all other rights in the Service, including, among others, our sites web, API and other content. You agree not to have other rights beyond this limited license. You agree that you will not copy, transmit, distribute, sell, resell, authorize, decompile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale, create derivative works, execute, show, incorporate into another website, or exploit in no other way, any content or any other part of the Service, for any purpose. You also agree not to frame or display any part of the Service without prior written permission and not to use our brands without our permission.
AGREEMENTS WITH OTHER FINANCIAL SERVICES COMPANIES.
To provide the service, it is necessary to contract periodically with other suppliers of financial products and services. To the extent required by law, regulation or any applicable agreement with such providers, we will provide and update a list of partners that provide financial services through the Service. Gualy is a closed service, between and for members. As such, as a member, you expressly authorize us to work with third party service providers, including suppliers of financial products and services to provide the Service and make the Service work including, among others, allowing the upload, transfer, receipt and storage of funds. By hiring other partners or financial service providers, they may require us to share your personal information. For more information, you can see our Privacy and Data Policy.
WHAT YOU SHOULD KNOW ABOUT THE INTERNET.
The use of the Internet presents its own risks. We have certain requirements for passwords. However, regardless of how secure your password is, you must ensure the security of your Account credentials – including the credentials for the email account you use in connection with the Service. If they are not, anyone can endanger and take action on your Account. You should avoid copying the scripts in your browser’s address bar at any time, and avoiding clicking on links, opening attachments or visiting Internet resources on sites that you do not trust. It is your responsibility to maintain the proper security and control of all ID, passwords, directions, personal identification number (PIN), API keys or any other code you use to access or in connection with the Service. We assume no responsibility for losses resulting from the endangerment of your Account.
TERMINATION AND CANCELLATION.
We want to be together for a long time. We work hard to keep you happy and we hope you remain a member for many years to come.
14.1 In case you want to stop using the Service, you can cancel your Account if everything is in order and you comply with the terms of this Agreement and other policies. To cancel, just extract all the funds from your wallet and visit our cancellation page. We will then decide if we cancel or suspend any pending transactions, and we will have to maintain the funds until all the applicable revocation windows are completed and until you have satisfied all the obligations you have with us. Of course, you will not be able to cancel your Account in order to avoid paying amounts owed to us or if your activity is being investigate.
14.2 In some cases we may terminate, suspend or restrict your Account and use of the Service, including if we receive a valid legal process, if we suspect that your Account may be related to a Prohibited Use or Business, because of the violation of this Member Agreement, of policies, or to avoid losses. Your use of the Service is a privilege, not a right, and we reserve the right to rescind, suspend or restrict your access to the Service at any time to protect you, our members and / or ourselves, when we deem it necessary.
14.3 If your Account is terminated, subject to verification requirements, you may normally transfer funds for thirty (30) days, unless such transfers are prohibited for any reason.
Through our assistance team, we work hard to resolve any dispute that may arise. If we fail to do so, we agree that in any dispute arising out of or in connection with your use of the Service or any action that we take and affect your Account, both you and we may choose to resolve it by binding arbitration, rather than in the courts. All claims (except those relating to violations of intellectual property, abuse of the Service by members or the validity or applicability of this provision on arbitration, including the waiver of collective class action) shall be resolved by binding arbitration if each party so he requests it.
THIS MEANS THAT IF YOU OR WE CHOOSE THE ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN THE COURTS OR SUBMIT A JURY TRIAL.
DISCLAIMER OF COLLECTIVE CLAIMS. ARBITRATION HAS TO BE PRODUCED INDIVIDUALLY. THIS MEANS THAT NEITHER YOU OR WE CAN UNITE OR ACCUMULATE CLAIMS IN ARBITRATION BY YOU OR AGAINST OTHERS OR LITIGATE IN COURTS AS REPRESENTATIVES OR MEMBERS OF A COLLECTIVE LAWSUIT, OR BY ANY PERSONAL TITLE.
Continuity of this provision. This arbitration provision will continue: after the closing of your Account; the voluntary payment of your Account or any part of it; any legal procedure to collect the money you owe; your bankruptcy; and any sale we make of your Account.
You can refuse arbitration. You may reject the arbitration agreement stipulated in this Section 15, but only if you send us a written notice of rejection within 30 days after the creation of your Account. You must send the rejection notice to: Gualy Payment, C.A, XXXXXX. The denial notice must include your name, address, telephone number, registration e-mail, user ID and personal signature. No one can sign the rejection notice for you. You must send this notification independently to any other correspondence. The rejection of arbitration will not affect the rest of rights or responsibilities that emanate from this Agreement. If you reject the arbitration, neither you nor we will be subject to the provisions on arbitration and consequently we will be subject to resolve any dispute before the Venezuelan Courts, abiding by the rules of the competition.
If someone files a claim against us, our partners or suppliers, and / or any of our employees, directors, agents, participants, employees or representatives, related to your use of the Service, or any part thereof, including, among others, any developer tool or the alleged violation of laws, rules or rights, you will indemnify us and keep us harmless for all damages, losses and expenses of any kind (including legal fees and reasonable costs) arising from said claim.
NO WARRANTIES, DISCLAIMER OF LIABILITY AND OBLIGATIONS.
WE TRY TO MAINTAIN THE SECURE SERVICE, FREE OF ERRORS AND VIRUSES, BUT YOU USE IT UNDER YOUR RESPONSIBILITY. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE EXPRESSLY REJECT ANY IMPLIED WARRANTY, LEGAL, MERCHANTABILITY, FITNESS FOR A PURPOSE AND NON-INFRINGEMENT. WE DO NOT PROVIDE ANY REPRESENTATION OR WARRANTY THAT ACCESS TO ANY PARTY OF THE SERVICE, OR ANY OF THE MATERIALS INCLUDED IN IT, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE. THE OPERATION OF THE SERVICE MAY BE AFFECTED BY NUMEROUS FACTORS THAT ESCAPE TO OUR CONTROL. WE WILL REALIZE REASONABLE EFFORTS TO GUARANTEE PROCESSING ON A TIMELY BASIS OF ANY DEBIT OR ELECTRONIC CREDIT APPLICATION INCLUDING BANK ACCOUNTS, CREDIT CARDS, BUT WE DO NOT OFFER REPRESENTATIONS OR WARRANTIES REGARDING THE NECESSARY TIME TO COMPLETE THE PROCESSING.
WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION OR DATA OF THIRD PARTIES, AND WE EXCEPT US, OUR DIRECTORS, EMPLOYEES AND AGENTS, AS WELL AS OUR PARTNERS AND SUPPLIERS, AND ITS EMPLOYEES, DIRECTORS, AGENTS, PARTIES AND REPRESENTATIVES, OF ALL CLAIM AND DAMAGES, KNOWN OR UNKNOWN, THAT ARISE OR ARE CONNECTED IN ANY WAY WITH ANY CLAIM THAT HAVE AGAINST ANY OF THESE THIRD PARTIES.
18.1 Additional agreements with us. Unless otherwise agreed in writing, this Agreement contains the entire agreement between you and us regarding the subject matter, and supersedes all conversation, agreement or writing of any kind, and nature between you and us. If you are a developer, you also accept our Agreement for Developers.
18.2 Assignment of these rights and obligations to others. You cannot assign or transfer this Agreement, or the rights, obligations and licenses granted under it, although we can assign it without notice or restriction, including without limitation to any of our partners, branches or subsidiaries, or any successor in interest. Any attempt to assign or transfer that violates this will be considered null and void except when, subject to the limits set forth herein, our agreement is binding and will be to the benefit of the parties, their authorized successors and assigns.
18.3 Interpretation of this Agreement; Rights of third parties. In the event that a court invalidates or determines that any provision of this Agreement is not enforceable, that provision will be modified and interpreted to meet the objectives of the provision to the extent possible, and this will not affect the enforceability of the provision. rest of provisions. Any person who is not part of this Agreement does not have rights according to the legal provisions in force.
18.4 Obligations in force after the termination of this agreement. The provisions regarding suspension, termination, cancellation, debts, general use of the Service, payments, disputes, your liability, indemnity and general provisions will continue to be valid after the termination of this Agreement.
18.5 Translations and summaries. Any translation or summary of the Service, this Agreement and / or the policies, are provided solely for your convenience and are not intended to modify the Service, this Agreement and / or the policies. You agree that the Spanish version of the Service, Agreement and policies shall prevail in case of conflict with the version in any other language.
18.6 Contracting Parties and applicable legislation. This Agreement is entered between you and Gualy Paymente, C.A., a company domiciled in Venezuela. You agree that this Agreement and the relationship between us shall be governed by Venezuelan law, regardless of the principles of conflicts between laws, and any claim and controversy between you and us.
APPENDIX 1: PROHIBITED BUSINESSES AND PROHIBITED USE
The following categories of business, business practices and article sales are prohibited from using our services (“Prohibited Businesses”). When you open an Account, you confirm that you will not use the Service to make transactions related to the following businesses, activities, practices or articles:
Operating without a license as a money transmitter, money services, money service provider, electronic money or any other financial services business that requires a license, including, among others, virtual currency exchanges, money order sales or traveler’s checks, and deposit services
Counterfeit products or any products or services that violate the copyright, trademark or trade secret of third parties
Narcotics, controlled substances, pharmaceutical or prescription services, material to consume drugs, or any substance designed to mimic illegal substances
Sports forecast or probability analysis
Violent acts against oneself or others, or activities or articles that encourage, promote, facilitate or instruct others to do the same
Financing of any of the items included in the list of Prohibited Businesses
Extortion, blackmail or efforts to induce unearned payments
Unlicensed sale of weapons and firearms
Deceptive marketing practices
Legitimization of Capitals
Any business that violates laws, statutes, decrees or regulations
You will not be able to use your Account or the Service to participate in the following activity categories (“Prohibited use”). You confirm that you will not use your Account to do any of the following activities:
Violate or contribute to someone violating any law, statute, decree, regulation or the rules of a self-regulatory or similar body of which you are or must be a member (for example, those laws, rules or regulations that govern financial services, substances controlled or consumer protection)
Participate in transactions that include the benefits of an illegal activity
Participate in transactions that include online bets)
Defrauding or attempting to defraud us or our members
Infringe our intellectual property or that of third parties
Provide false, inaccurate or misleading information
Perform actions that impose an unreasonable or disproportionately large load on our infrastructure, or that perniciously interfere, intercept or expropriate any system, data or information
Interference with the access or use of another person or entity to any part of the Service
Defame, insult, harass, persecute, threaten, violate or infringe the legal rights of others
Publish, distribute or disseminate all illegal material or information
Transmit or upload viruses, trojans, worms or any other malicious program
Access the Service through programmatic means
Act as an intermediary or payment aggregator or resell our Services, unless we have authorized you in writing
Transfer any rights that we have granted you or any other
Use the password of another member for any purpose
Endanger Accounts, systems or computer networks connected to the Service through any means
Use any account that is not the unique account created with your real identity
APPENDIX 2: VERIFICATION PROCEDURES
We use multilevel systems and procedures to collect and verify your information so that we, our members and partners, are free from fraudulent activities, as well as for administrative purposes.
Establish an account with us by providing your legal name, checking your email address, your date of birth, telephone number, providing two national identification documents – such as identity card, passport and / or driver’s license, and accept the full agreement of our Member Agreement
Members wishing to add or remove Value using an available trust transfer must, at a minimum:
Add or verify a bank account, a credit card and / or debit card
Provide additional details, including your address and national identity document
We may also request that you provide us or verify additional identification information or that you wait for a transaction for some time before allowing you to use the Service in full.