TERMS AND CONDITIONS
The following Terms and Conditions (hereinafter the Terms) govern your use of this website and of any content available on or through this website. These terms and conditions govern the use of the ECART PAY S.A.P.I. DE C.V. website (hereinafter ECART PAY). Please carefully review the following guidelines as they impact rights and responsibilities in the Act.
ECART PAY address located in Belisario Dominguez number 2470, floor 3, Colonia Obispado, Monterrey, Nuevo León, C.P. 64060.
BY USING THE WEBSITE, YOU AGREE AND AGREE TO THE TERMS AND CONDITIONS AS REGARDS YOUR USE OF THE WEBSITE. If you do not agree with these terms and conditions, please do not use the ECART PAY website. If you have any questions regarding the terms and conditions, please write an email to email@example.com
We may change the terms and conditions from time to time, at any time without any notice, only by posting the changes on the website.
• 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 develops, maintains or operates to interact with the API, the Site and/or the services provided by ECART PAY.
• User: These are all natural or legal persons who use the ECART PAY software and who have a user record within the website.
By visiting ECART PAY or sending us emails, you are communicating with the company electronically and you consent to receive electronic communications from us. We will communicate via email or the ECART PAY platform.
USE OF ECART PAY WEBSITE
We operate the website in order to make you aware of our payment processing and management services.
YOUR RELATIONSHIP WITH ECART PAY
Your use of the ECART PAY website, as well as of its software and digital platform, which will provide processing and payment management services, shall be the relationship between the User and ECART PAY.
ECART PAY is constantly innovating its platform/website in order to offer the best possible experience to its users. You hereby acknowledge and agree that the content and nature of the service provided by ECART PAY may vary from time to time without notice.
As part of this ongoing innovation, you acknowledge and agree that ECART PAY may suspend either permanently or temporarily, the service or any of the features on this, for you or for users in general, at the discretion of ECART PAY and without notice, your use of the services may be interrupted at any time you wish.
You hereby acknowledge and agree that if ECART PAY disables access to your account, you may not be able to access the services, account information, or files or other content of your account.
You acknowledge and agree that while ECART PAY may not have set any limits on the number of transmissions to send or receive items through the Services or on the amount of storage space available for the provision of the Services, ECART PAY reserves the right to set limits on this at any time and in its absolute discretion.
By means of these terms and conditions, the user authorizes ECART PAY to use the website or medium that the former markets through the platform of ECART PAY, on the understanding that the latter may promote the products, services and/or brands, either to advertise, sell or otherwise transmit them through any website that is part of ECART PAY and/or subsidiaries.
This with the aim that the user can market on the various platforms that ECART PAY has in present or future way.
In the case where the user does not want their platform to be used on any other ECART PAY web platform and/or subsidiaries, the user must request through the ECART PAY web platform the cancellation of the services and must stop using the sending platform immediately.
The course of your use of the website and/or services made available to you on or through the website, you may be asked to provide us with certain personalized information, of which ECART PAY guarantees the maximum protection to the information provided and which will only be used for the use of the platform in the relationship of ECART PAY with the User.
Unless specifically requested, we do not request 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, demonstration, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials you have sent or submitted to us (including, for example, without limitation, what you present or send to our chat groups, message boards and/or blogs, or sent to us via email will be considered as non-confidential or secret and may be used by us in any way consistent with the website. By submitting or sending us submitted materials, you, I. Manifest the legitimacy of the submitted materials, that no other person has any right over them, and that any moral right, over the submitted materials has been waived and, II. You do not grant to us and our affiliates, royalty-free, unrestricted, worldwide, irrevocable, non-exclusive and fully transferable rights and licenses, which may be assigned and sublicensed, to use, copy, reproduce, modify, adapt, publish, translate, create derivative works of distributing, executing, exposing and incorporating in other works any of the materials presented in any form, medium or technology not known or to be developed, including promotional and/or commercial purposes. We cannot be responsible for retaining any material provided by you and we may delete or destroy such material submitted at any time.
ECART PAY is the exclusive owner of all rights, title, and interests in and on the website, of all content (including, for example, audios, photographs, illustrations, graphics, other visual media, videos, copies, texts, software), codes, data and materials thereof, the appearance and environment, design and organization of the website and the compilation of the contents, codes, data and materials therein, including but not limited to any copyright, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and property rights of the same.
Your use of the website does not give you ownership of any of the content, codes, data or materials that you may access on or through the website.
All the 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 owned by 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, reissue, arrangement or representation of any elements thereof, is strictly prohibited except with the express written consent of ECART PAY.
Any distribution, publication or commercial or promotional exploitation of the website or of any of the contents, codes, data or materials on the website, is strictly prohibited, unless you have received prior written permission from authorized staff of ECART PAY, or from any other holder of applicable rights. Except as expressly permitted in this contract, you may not download, report, exhibit, publish, copy, reproduce, distribute, transmit, modify, execute, disseminate, transfer, create derivative works from, sell or otherwise exploit any of the content, codes, data, or materials on or available through the website. You further agree not to alter, edit, delete, remove or otherwise change the meaning or appearance of, or change the purpose of, any of the contents, codes, data or materials on or available through the website, including, without limitation, alteration or withdrawal of any trademark, trademark, logo, service mark or any other proprietary content or notice of proprietary rights. You acknowledge that you do not acquire any property rights by downloading any copyrighted material or from through the website. If you make any other use of the website or of the contents, codes, data or materials contained therein or made available through the website, except as provided above, you may violate copyright and other laws of the Mexican United States and other countries, as well as applicable laws, and may be subject to legal liability for such unauthorized use.
Trademarks, logos, service marks, trademarks (hereinafter referred to as "trademarks"), displayed on the website or in the contents available through the website are registered and unregistered trademarks of ECART PAY and others, and may not be used with respect to products and/or services that are not related, associated or sponsored by their shareholders and that may cause confusion to customers or in any way that denigrates or discredits their shareholders. All trademarks other than those of ECART PAY appearing on the website or on or through the services of the website, if any, are the property of their respective owners. None of this content on the website shall be construed as granted, by implication, dismissal or otherwise, any license or right to use any trademark displayed on the website without the written permission of ECART PAY or any third party who may own such trademark. Misuse of trademarks displayed on the website or on or through any of the website services is strictly prohibited.
DESCRIPTION OF ECART PAY SERVICE
ECART PAY grants Users the service of processing and management of payments through its electronic platform where it allows to make such payments and any related or complementary products or services that it offers or may offer.
The User who wishes to use the services of ECART PAY must register with ECART PAY accepting the Terms and Conditions of Use and, privacy notice to have a successful registration. To register you must complete the registration form in all fields with valid data and accurate, accurate and true personal information. The User undertakes to update the Personal Data as necessary. ECART PAY is NOT responsible for the accuracy of the Personal Data provided by its Users. Users guarantee and are responsible, in any case, for the veracity, accuracy, completeness, validity and authenticity of the Personal Data entered. All the information and Personal Data entered by the User have the character of affidavit. ECART PAY reserves the right to request proof and/or additional information for the purpose of corroborating the information provided by a user regarding personal data, and to suspend temporarily or permanently those users whose data could not be confirmed.
In addition, with the aim of complying with the applicable regulations on the prevention of money-laundering and the financing of terrorism (PLD/FT) and with its domestic policies in this regard, ECART PAY may request certain information and/or documentation from the user for the purposes of identifying, knowing and monitoring the client and its operations, which may vary according to the user’s activity within the platform or the services the user uses. ECART PAY may periodically request the user to update such information and/or documentation. ECART PAY reserves the right to reject a registration request or to cancel or suspend, temporarily or definitively an ECART PAY account, in cases of; a) detecting inconsistency or inconsistencies in the information provided by the user or; b) in the event that the user does not provide or does not update in time and form the information and/or documentation required by ECART PAY, without such a decision generating for the user rights of compensation or compensation; c) in case the activity declared by the user is defined as prohibited of confirmation with the terms and conditions of ECART PAY.
A user who has or has had sanctions related to any criminal situation, list of terrorists and any relationship with any type of fraud or not may not register with ECART PAY.
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 on compliance with the corresponding user registration form.
ECART PAY may make available to user’s certain services for the use of which additional registration and/or satisfaction of certain consideration may be required. Where appropriate, such registration shall be made in the manner expressly indicated in the service itself or in the conditions governing it.
The user guarantees the veracity of the above statement, as well as of all the registration data provided to ECART PAY and is responsible for keeping them fully updated for the duration of their condition. In any case, the user will be solely responsible for the false or inaccurate statements made and for the damages caused to ECART PAY or to third parties by the information provided.
ECART PAY reserves the right to refuse registration on the website. This refusal will not entitle you to any compensation.
Once the registration process is successfully completed, ECART PAY will register the user in its registered database. An account will be generated with your email address and an associated access key for each user.
The user will be responsible for all the shipments made to his account, since the access is personal and non-transferable, of exclusive knowledge of the user.
The user agrees to notify ECART PAY immediately and by the appropriate and reliable means, of any unauthorized use of their account, as well as the admission by unauthorized third parties to it. It is clarified that the sale or assignment is prohibited.
ECART PAY reserves the right to reject any application for registration or to cancel a previously accepted registration, without being obliged to communicate or state the reasons for its decision and without generating any right to compensation or compensation. In consideration of your use of the services, you confirm that you have the legal capacity to enter a binding contract and are not an impediment to receiving them under the laws of the Mexican United States or other applicable jurisdictions. If you provide any information that is false, inaccurate or outdated and/or incomplete, or that may mislead carriers, or if ECART PAY has reasonable grounds to suspect that you have violated these conditions, ECART PAY has the right to suspend or terminate your account and deny you present or future use of the service or any part thereof. ECART PAY ACCOUNT By having the registration within the website, the User must open an account in ECART PAY said account will allow the User to make payments, as well as collect payments from third parties, by debiting or crediting money in the Account. To access your ECART PAY account, the User will enter with the corresponding email address and chosen personal security key. It is understood that, in certain cases, an additional access key will be requested to request the withdrawal of money from the account and/or to make a transfer to another account. It is clarified that in all cases the Account is personal, unique and non-transferable, and will be assigned to a single User and is prohibited from sale, assignment or transfer (including reputation) under any title. The User may not allow or authorize the use of their Account by third parties. OF PAYMENT ECART PAY and the User, may conclude from time-to-time payment management contracts, through which ECART PAY provides management services or processing of payments according to the instructions of the user, in order to pay or collect on account and order of the user, using the platform provided by ECART PAY. The parties agree that requests for payment management that they complete in due time will be governed by these general terms and conditions. Upon completion of a payment management request, the user shall grant an irrevocable mandate to ECART PAY to pay for his account and order a certain amount of money in respect of which the payment management request is completed and/or to collect the funds on his account and order, subject to the terms and conditions of the payment management service.
The application granted by the user implies an authorization to dispose on your behalf certain funds from your ECART PAY account and transfer the funds to certain recipients by crediting to a designated ECART PAY account in accordance with the instructions. This request also implies an authorization from the user to collect and credit the funds in their ECART PAY account according to their instructions.
ECART PAY will not use the user’s funds for purposes other than those instructed by the user.
The payment management request will be made by sending the user an online payment management request form detailing the instructions regarding the funds. ECART PAY reserves the right not to process those payment management requests that are incomplete or where there are discrepancies between the data provided by users and the data entered ECART PAY or because ECART PAY deems it necessary, without the need to justify its decision.
The user is solely responsible for the payment instructions and their consequences. ECART PAY shall not verify the cause or obligation that gave rise to the payment instruction, nor the other circumstances relating to the payment instruction. Payment instructions entered in a request for payment management may be made only through the platform and no instructions issued shall be processed or deemed valid by any other means outside the platform.
The payment management request will not be considered perfected and ECART PAY will not assume any responsibility or obligation under the payment management request until such time; a) ECART PAY has not accepted the user’s payment management request (it is clarified that ECART PAY may refuse to comply with the request for payment management without giving any reason or reason and therefore no liability may be imputed) and, b) has not received and is available the full amount of funds.
ECART PAY will not be responsible for orders, instructions, requests for payment management and/or incorrect or incomplete payments caused by the erroneous introduction of the e-mail, relevant information of the recipient or the payment transaction, made by the user.
ECART PAY will not be responsible for or guarantee the fulfilment of the obligations that users have assumed with third parties in relation to the payments to be made or charged through the platform. The user acknowledges and accepts that when making transactions with other users or third parties he does so of his own free will, giving his consent freely and at his own risk and responsibility.
In no case will ECART PAY be liable for loss of profits, or for any other damage and/or damage suffered by the user, due to transactions made or not made through the ECART PAY platform. By virtue of the fact that ECART PAY is outside the obligation which gave rise to the request for payment management, ECART PAY shall not be liable or verify the causes, amount or any other circumstance relating to that request, as well as responsibility for the existence, the quality, quantity, operation, condition, integrity or legitimacy of the goods or services offered, acquired or disposed of by users and paid for using ECART PAY, as well as the ability of users to contract and the veracity of the personal data entered by them.
If one or more users or a third party initiates any type of claim or legal action against another or other users, each user involved in such claims or actions disclaims all liability to ECART PAY and its directors, managers, employees, agents, operators, representatives, and agents. Users have a period of 30 days from the purchase to file a claim against another or other users. After this deadline, they will not be able to initiate a claim from the ECART PAY site.
OF THE FUNDS
Once accepted by ECART PAY a user’s payment management request, the user must transfer to ECART PAY the amount of money needed to be able to comply with the payment instruction. The user will deliver the funds to ECART PAY by using, a) any of the means available for that purpose and authorized by ECART PAY, b) of the funds available in your ECART PAY account if there was enough to comply with the instructions given in the request for payment management, otherwise no such request shall be made. If funds delivered by the user exceed the amount of money needed to comply with the payment instruction, ECART PAY will recognize such surplus as money available in the user’s ECART PAY account. If the funds provided by the user are less than the amount of money needed to comply with the instructions, ECART PAY will not be able to comply with the instruction and the funds delivered will be made available to the user in their ECART PAY account as money available.
The crediting of funds to the user’s ECART PAY account will be done within 3 business days from the time ECART PAY receives the authorization of the payment medium used in the transaction. This period may be longer if the user should comply with any verification process required by ECART PAY in order to process the payment management request.
ECART PAY will make reasonable efforts to ensure compliance with the above deadlines. However, the user understands that for certain invoices, mostly external to ECART PAY, regulations may arise, which is why the user exempts ECART PAY from all liability for any inconvenience or damages arising.
ECART PAY will pay to the user’s account the amount that has actually been credited by the payment method used, regardless of the amount declared by the user in those cases in which the chosen means of payment allows to make a declaration for an amount of money different from the one actually entered.
In your ECART PAY account the user can only receive money credits through tools enabled on the platform. If ECART PAY considers that possibly a user may be irregularly using the mechanisms to add funds, including but not limiting the publication or printing of a deposit slip for use by non-owners of the ECART PAY account, ECART PAY may apply to your discretion.
The user agrees not to apply any additional charge for accepting payments or credits of funds through the platform.
TIME LIMITS FOR DISPOSAL OF FUNDS:
Funds credited to the user’s account will be made available in accordance with the following terms and conditions:
a) For your sales on Ecart.com, there is no cost.
b) If you need the buyer to add money to the transaction, you pay a commission of 2.9% + $0.20 USD on the aggregate amount (not including tax)The money will be available from 24 to 48 hours after the request to receive funds.
c) For sales financed in up to 24 months without interest will be stipulated as established by your banking institution.
If the user who made the payment informs that the operation carried out through the platform of ECART PAY was not realized, a claim will be initiated at the request of part under the mechanism of resolution of claims and disputes established in these conditions and, the funds will be retained by ECART PAY until such time as the claim is resolved.
For security reasons, funds credited to the user’s account may remain indefinitely blocked when, at the discretion of ECART PAY, there is strong suspicion of illegality, fraud or any other act contrary to these general terms and conditions of use.
All information about the funds available and credited in the ECART PAY account must always be verified by the user through the ECART PAY platform.
ECART PAY and its related companies shall not be liable for the conduct of the User that originates or links with information contained in fake emails 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 or for the circulation of such false e-mails.
ECART PAY will follow the instructions entered by the user, either to a) make a payment or dispose of the funds in your account or deposited for that purpose, b) credit the funds in your account. It is clarified that the user, when registering with ECART PAY and maintaining an active account, agrees to accept and authorize receiving the accreditation of funds that are transferred by other users to their account in a timely manner and that any applicable charges are due to them.
THE WITHDRAWALS OF FUNDS
Once the funds are credited to the user’s account, the user may choose to a) withdraw all or part of the balance available to their account; or b) keep the funds to use them at another time. The user acknowledges and accepts that; a) the withdrawal of the funds will be subject to the prior payment of any debt, regardless of its cause, that the user maintains with ECART PAY or with companies that had business and/or corporate relationship with ECART PAY.
The withdrawals of funds are done by transfer to a bank account indicated in due time by the user. Such a transfer may take up to 2 business days after the withdrawal request was made. Due to delays caused by the bank, the email from ECART PAY confirming that the money is credited can reach the third business day since the withdrawal request was made. Any expenses arising from the transfer will be borne by the user, and/or c) by cash withdrawal through the means and/or commercial establishments that ECART PAY publishes through the platform.
ECART PAY may inform the User through the Platform or any means that it determines, the costs, schedules and cash withdrawal amounts in the commercial establishments.
FUNDING OF ECART PAY ACCOUNTS
The User may fund their ECART PAY Account in Mexican pesos (national currency) in order to have a balance in it to be able to make Payment Management Requests by:
a. Transfers between ECART PAY Accounts from one User to another, which can be made 24 hours a day, seven days a week. The funds from these transfers will be credited immediately to the ECART PAY Account of the User receiving it.
b. Debit card charge from Financial Institutions previously validated by ECART PAY, which can be made 24 hours a day, seven days a week and the funds derived from such charge will be credited immediately to the User’s ECART PAY Account. Without prejudice to the foregoing, in order to provide greater protection and security to Users, ECART PAY may request additional information and/or documentation in order to charge the User’s debit card in which case any funding will be credited up to 48 business hours after ECART PAY has verified the information and documentation provided by the User. In any case, if the User does not provide the corresponding information or documentation, the charge may be cancelled without any liability of ECART PAY.
c. Provided that ECART PAY has enabled this option, which will make the User’s knowledge through the Platform, by means of a cash deposit through the commercial partners that ECART PAY informs the User through the Platform, in which case the User will adjust to the hours of attention and costs pointed out by the commercial partners that provide those services, in the intelligence that, If there is any cost for this action the same is charged by the business partner as ECART PAY does not charge any fee for this service.
d. Transfers of resources in national currency from deposit accounts of money in Mexican Financial Institutions through the use of the CLABE that in its case is assigned to the User’s ECART PAY Account. Such transfers will be made through the Electronic Interbank Payment System ("SPEI"). This service will only be granted to User’s individuals, adults who have provided ECART PAY with the complete information and documentation that Ecart has requested. The User may make use of this service 24 hours a day, 7 days a year depending on the services provided by the Financial Institution from which the transfer is directed, and the transferred funds will be credited to the ECART PAY Account of the User receiving immediate way.
ECART PAY will inform the User through the Platform of any adjustments to these options, as well as, where applicable, the permitted subscription limits in each mode. This service may be modified by ECART PAY once you obtain the license to operate as an IFPE, which will inform ECART PAY to the User through the Platform. In case the User wishes to continue using these services, they must accept the new Terms and Conditions that will govern this service and, if applicable, provide the additional information or documentation that may be requested by ECART PAY in terms of the applicable regulations. If the User does not carry out the above actions, the services indicated in this paragraph (e) will be suspended without any liability of ECART PAY.
ECART PAY will determine a maximum amount for Payment Management Requests, which may vary according to the payment method chosen, type of Request and/or at the discretion of ECART PAY and may even be modified at any time with sufficient publication on the Platform.
Lack of knowledge of charges made by any means of payment. Without prejudice to the details in this section, we inform that in the event that a User has made a withdrawal of Funds and the User who sent you the Funds or the holder of the payment method used will make a cancellation, cancellation, chargeback, knowledge or reversal of the amounts involved in the transaction after the shipment, whatever the means of payment used to deposit the money, such amounts will be deducted and debited from the Account of the User to whom the Funds are addressed. By virtue of this, the User expressly authorizes ECART PAY to debit Funds from its Account necessary to cover the cancellation, chargeback, ignorance or reversal, and if it did not have sufficient funds, to debit them from any other future income from Funds to its account, or the User undertakes to pay them within thirty (30) days of the discount of the Funds. It is established that for the purpose of challenging the return of the Funds, any evidence that the User receiving the Funds may provide to ECART PAY in its defense will be important, but this does not imply that the Funds are re-credited or that ECART PAY undertakes to contest the return of the charge even if the User has provided evidence. In the event of cancellation, chargeback, ignorance or reversal, the User receiving the Funds may be liable to ECART PAY for the amount involved plus any other applicable cost or expense. ECART PAY may initiate such judicial or extrajudicial measures as it deems appropriate for the purpose of obtaining payment of such funds. The User receiving the Funds undertakes to keep the documentation supporting the transaction of sale of the good or product made by ECART PAY, including that which verifies the shipment or delivery of the good or product in question, for at least one year from receipt of the Funds.
RESPONSIBILITY FOR THE FUNDS.
It is established that users exempt ECART PAY from liability for situations that could affect banks, financial institutions and/or agents where the funds of the Accounts are deposited, political and economic situations that may arise in the country, and that are foreign to ECART PAY. In these cases, the Users may not assign any liability to ECART PAY, its subsidiaries or subsidiaries, controlling and/or controlled companies, nor demand the refund of money or payment for lost profits, by virtue of damages resulting from such situations or by payment orders not processed by the system or rejected, accounts suspended or cancelled.
Users acknowledge that ECART PAY will deposit the funds delivered under the Payment Management Requests into the/s/s account/s bank/s mentioned above. Therefore, in the situations described in the previous paragraph, ECART PAY will not be obliged to follow the instructions of the User in case there are different options of rescheduling, exchange, disposal, conversion or return of funds. In such situations, ECART PAY shall have the right to choose the option which, in its sole discretion, is the most convenient, and ECART PAY may choose even the option which it considers most appropriate in order to settle quickly, simple and orderly funds deposited with the Bank even if it involves reductions, removes or waits on the deposited amounts.
When the User does not agree with any movement in the Account due to the use of the card whether or not it appears in the respective account statement or in the status of movements available on the Platform, may submit a request for clarification to ECART PAY within 30 days from the cut-off date, or, as the case may be, from the completion of the Transaction with which it does not agree. Such a request for clarification may be made through the Platform’s help portal, the electronic support channels made available to you by ECART PAY, by e-mail. Once the clarification has been received, ECART PAY will have the obligation to accuse of receiving and inform the User of the number of folios of attention to its clarification.
Once ECART PAY receives the clarification, it will have a maximum period of 45 (forty-five) days or 180 (one hundred and eighty) calendar days, the latter period in the case of operations carried out abroad, to deliver the corresponding opinion to the User, annexed to the same simple copy of the document or evidence considered for the issuance of said opinion, as well as a detailed report in which all the facts contained in the request presented by the User are answered.
Within the period of 45 (forty-five) calendar days, counted from the delivery of the opinion referred to in this Clause, ECART PAY shall make available to the User, the file generated by the complaint, into which shall be integrated the documentation and information which, in accordance with the applicable provisions, must be in its possession and which is directly related to the relevant request for clarification, with the exception of data relating to transactions involving third parties.
The above procedure is without prejudice to the User’s right to apply to the relevant judicial authority in accordance with the applicable legal provisions, on the understanding that the present procedure of clarification will be null and void from the moment the User presents his claim before judicial authorities or conducts his claim in terms of the Law of Protection and Defense of the Users of Financial Services.
After the expiration of the period of 30 days mentioned in the first paragraph of this Clause without the User having made any clarification, it will be understood that the latter agrees with the operations carried out and that the entries or concepts that appear in the Statements of Account, and appearing in the accounts of ECART PAY shall be accepted by the User and shall provide full proof between the Parties.
If the User files a claim regarding a charge not recognized for the use of the card, ECART PAY must pay, no later than the second Business Day after that in which the respective notice was received, the amount of the charge not recognized. The above, provided that the User: (i) has filed the claim within 30 days of the date on which the charge was made and (ii) ECART PAY has not verified that the User: in the Claimed Operation, two Authentication Factors were used as agreed in this Contract.
For the purpose of making timely notifications, ECART PAY designates as the contact address the one specified as its own at the beginning of these terms and conditions. The email provided by the User during the registration process on the website, will be the one used by ECART PAY for the purpose of making notifications to the User from the moment of contracting until the customer’s satisfaction. The User is obliged to keep duly updated the data that for the purpose of notifications are referenced in this clause. All Notifications made by ECART PAY to the User will be considered valid if they have been made using the correct and accurate data, through the means indicated above. ECART PAY is not responsible for any damage that may occur as a result of the User’s breach of its obligation to maintain up-to-date contact details.
By visiting ECART PAY, you agree that the laws of the United Mexican States, regardless of your domicile and conflicts of laws, will govern these terms and conditions, as well as any dispute of any kind that may arise between the user and ECART PAY or its affiliates.
ECART PAY S.A.P.I DE C.V. acts as an Aggregator supervised and regulated by the National Banking and Securities Commission (CNBV) and Banco de México in terms of the General Provisions Applicable to the Networks of Means of Disposition issued by those authorities on the basis of Article 4 bis 3 of the Law for the Transparency and Regulation of Financial Services.
Some activities currently offered by Mercado Pago under these terms and conditions will be operated under the Financial Technology Institutions Regulation Act ("Fintech Act"). ECART PAY makes the public aware, including Users, Suppliers, Creditors and any other interested third parties ("Public"), that in accordance with, and in compliance with the terms and forms provided for by, the Transitional Eighth of the Fintech Act, which requested authorization from the CNBV to act as an Electronic Payment Fund Institution ("IFPE").
In response to this request, ECART PAY informs the public that it will continue to offer the services and products without any modification during the processing period and until it receives the corresponding authorization from the CNBV. However, it informs that until receiving the afore mentioned authorization, the activities of ECART PAY will not be monitored, nor will they be considered as authorized by the CNBV or by the rest of the Mexican authorities. This notice does not apply to the services and activities offered by ECART PAY as a payment aggregator in terms of the Law for the Transparency and Regulation of Financial Services, which will continue to be presented by another company other than IFPE, once the relevant IFPE license is obtained.
ECART PAY S.A.P.I. de C.V. operates the ECART PAY card for the provision of electronic payment funds, under the protection of the eighth transitional provision of the Law to Regulate Financial Technology Institutions which requested authorization to act as an Electronic Payment Funds Institution under the corporate name ECART PAY S.A.P.I. de C.V.
Any dispute relating in any way to your visit to ECART PAY will be subject to alternative dispute resolution methods, except that, to the extent that you have, in any way, violated, threatened with infringing the intellectual property rights of ECART PAY, ECART PAY may apply to the State or Federal Court in the State of Nuevo León for interim relief or other relief and you agree to submit to the exclusive jurisdiction and seat of such courts.
POLICIES, MODIFICATION AND SEVERABILITY OF THE WEBSITE
You need to 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 to these terms and conditions at any time. In the event that any of the stipulations is rendered invalid, invalid or for any reason unenforceable, such condition shall be deemed to be separate from the validity and enforceability of any of the other conditions.
ECART PAY CAMPAIGNS
I agree to receive email/newsletter campaigns in order to provide me with information about promotions, new features, important notices and general information.
ONCE THESE TERMS AND CONDITIONS HAVE BEEN READ OUT, I ACCEPT THE VERACITY AND LEGITIMACY OF THESE TERMS AND CONDITIONS AND ACCEPT THE GUIDELINES BY WHICH THE COMMERCIAL RELATIONSHIP WILL BE GOVERNED