These Terms and Conditions constitute a contract between any natural person (hereinafter "User" or in plural "Users") who wishes to access and/or use the Site or the fund collection and dispersal services ("ProntoPaga", "We", "Us", "Our" and similar terms as applicable), in which case the User shall be subject to the terms and conditions governing ProntoPaga.
There are two types of parties to the contractual relationship:
These Terms and Conditions describe the rights and responsibilities of the User when using the payment processing service, the platform and any related services (collectively the "Service").
The User must read, understand and agree to all of the conditions set forth in these Terms and Conditions, as well as the other policies and principles incorporated herein by reference, prior to using the Service.
It is expressly clarified that ProntoPaga is not a financial institution nor does it provide the User with any banking or exchange services, it only provides a payment or collection service by order of the User according to the conditions established in the Terms and Conditions of the service described in this instrument.
The User agrees that ProntoPaga is the absolute owner of all intellectual and industrial rights over the technological development on which the Services provided rely, including copyrights, trademarks and other applicable property rights.
We respect the privacy of the users of our services. Please refer to the Company's Privacy Policy (found here: https://www.prontopaga.com/privacy-policy) which explains how we collect, use and disclose information related to your privacy. By accessing or using the Service, you agree to this Privacy Policy.
The Service allows you to order paid products and services from third parties. www.prontopaga.com does not directly provide products or services.
To use the Service you must be at least 18 years old.
The User's permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions. The User agrees that in no event:
Any time a User requests the ProntoPaga Services, he/she must provide certain Personal Information. The User is solely responsible for the Personal Information that he/she submits or makes available through the ProntoPaga Service. The User acknowledges that ProntoPaga only acts as an intermediary for his Personal Information being provided to a third party(ies) upon submission. However, ProntoPaga reserves the right to remove any Personal Information.
The following rules relate to Personal Information. By transmitting and submitting any Personal Information while using the Service, the User agrees to the following:
The User understands and agrees that any liability, loss or damage that occurs as a result of the submission, transmission or use of any Personal Information made available to ProntoPaga is solely your responsibility.
Goods, services, opinions, advice, recommendations, statements, offers or other information or content made available through the Merchant, but not directly by ProntoPaga, are the sole responsibility of the respective Merchant, and should not necessarily be relied upon.
ProntoPaga does not guarantee the accuracy, completeness or usefulness of the information contained in the respective Merchant's platform and we do not adopt or endorse, nor are we responsible for the accuracy or reliability of any opinion, advice or statement made by any third party other than ProntoPaga.
ProntoPaga reserves the right to remove any material that, in its opinion, violates, or is alleged to violate, the law or this agreement, or that may be offensive or that may violate the rights, harm or threaten the safety of users or others. Unauthorized use of the platform may result in criminal and/or civil action. If you become aware of any misuse of the ProntoPaga platform, please contact us at legal@prontopaga.com.
ProntoPaga is a platform that facilitates payment on behalf of credit card processors, payment gateway providers, equipment providers, return management solution providers and other providers of payment products and services. ProntoPaga will use commercially reasonable efforts to facilitate the payment process in exchange for products and services. The User acknowledges that these products and services are performed, managed and provided by third party merchants, over which ProntoPaga has no control. Therefore, the User agrees to resort exclusively to such third party merchants to resolve and remedy any eventual problems with the goods and/or services. The Company's responsibilities and scope do not extend to underwriting, risk analysis or the provision of debit and credit card processing services, which are performed and determined exclusively by the credit card processor(s) through which the User requests the merchant services.
As part of the Service, ProntoPaga may provide convenient links to third party web sites ("Third Party Sites"), as well as third party content or articles ("Third Party Applications, Software or Content"). These links are provided as a courtesy to Users of the Service. The Company does not control Third Party Sites, Applications, or Software. Such content is not monitored or supervised by the Company, and therefore, the Company is not responsible for the content displayed through them.
The inclusion of, linking to, or permitting the use of, the installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement of the same by ProntoPaga.
If you decide to leave the Site and access Third Party Sites or use or install any Third Party Applications, Software or Content, you do so at your own risk and should be aware that our terms and policies no longer apply. You should review the applicable terms and policies, including the privacy and data collection practices of any sites you navigate to from the Site, or relating to any applications you use or install from the Site.
If you are a copyright owner or an agent thereof and believe, in good faith, that any material provided on ProntoPaga infringes your copyright, we encourage you to submit the following information in writing to the Company's designated copyright agent:
ProntoPaga does not guarantee that access or operation of the service will be uninterrupted or error free. If the Payment Processing Service presents errors, the User agrees to exclusively contact the Merchant in question, in order to inform him of the errors, omissions, interruptions, or delays that the services are presenting. The responsibility of ProntoPaga will be limited to the correction of such errors in the shortest commercially reasonable time.
In no event shall ProntoPaga, its affiliates, Directors, Employees, Licensees or Partners be liable for any indirect loss or damage caused by:
In the event of a dispute with a third party service provider to whom you were referred, or to whom your request was sent through use of the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
ProntoPaga may terminate or suspend access to our Services immediately, if you breach the Terms and Conditions.
All provisions of the Terms and Conditions that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification and limitations of liability.
ProntoPaga reserves the right to modify these Terms and Conditions of Use at any time. It is your sole responsibility to check the Site from time to time for any changes to the Terms and Conditions. Your continued use of the Site signifies your agreement to our revisions to these Terms of Use. However, we will notify you of material changes to the Terms of Use by posting a notice on our home page and/or by sending an email to the email address you provided to us. For this additional reason, you should keep your contact information up to date.
These Terms of Use and your use of the Site are governed by the laws of Peru and any dispute shall be resolved by its ordinary courts.
These Terms and Conditions constitute part of the Agreement between the User and ProntoPaga with respect to the provision of the Services. These terms and conditions describe the entire liability of ProntoPaga and define the User's access and use of the Services. If any provision of these Terms and Conditions (or any part thereof) is held to be invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of those provisions to the best extent possible under applicable law, and the remaining provisions shall continue to be in full force and effect and binding on both parties.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND WILL BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND SUPERSEDE ANY PRIOR ORAL OR WRITTEN PROPOSALS OR AGREEMENTS, AS WELL AS ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
If you have any questions about this agreement, please do not hesitate to contact us at legal@prontopaga.com.
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