REGISTRATION AND ACCESS TO THE Ezpays APP
DESCRIPTION OF THE EZPAYS APP PLATFORM AND SERVICES
What does Ezpays App-Platform offer? Through the Platform, what EZPAYS offers is: (i) the provision of certain services to be contracted by the user and (ii) some extra Ezpays App-Platform functionalities; all of the above, the «Functionalities». The services you can contract through these functionalities will be called «Services», which are provided by third parties. With regard to the Services, as you will see clearly differentiated in the Ezpays App-Platform on the one hand, you will be able to contract the «Services Associated with your Account» and, on the other hand, you will be able to contract a multiplicity of «Marketplace Services» in the section dedicated to this effect in the Ezpays App-Platform. In all cases, the Services are provided by a third party, but EZPAYS allows you to contract them through the Platform and, in some cases, offers certain extra functionalities or a bonus on costs. (a) The services associated with your account are provided by the «Payment Service Provider,. When you contract any of the Payment Services described below, you are doing so with the Payment Service Provider. EZPAYMENT, for its part, provides you with (i) discounted prices for the use of the Payment Services (see Ezpayment’s Terms and Conditions of Business here), and (ii) certain functionalities for the management of your prepaid card issued by the Payment Service Provider. (b) The Marketplace Services are provided by different providers (the «Marketplace Providers») with whom Ezpays has reached agreements. Ezpays makes available to its users the Marketplace Services that it considers may be of interest to you. Under no circumstances does Ezpays provide the Service or intervene in the contracting. When you contract the Marketplace Services, you are initiating a relationship with the Marketplace Provider and accepting its terms and conditions. The Payment Service Provider and the Marketplace Providers will be referred to here, jointly as the «Providers» and individually and indistinctly as the «Provider». 3.2 Services Associated with your Account As we said, the Account Associate Services are provided by the Account Associate Service Provider and the conditions are those established by the Account Associate Service Provider. However, here we summarize them for your convenience. (a) «Account Creation and Management Service». Allows the creation, cancellation, balance enquiry and movements of your e-money Account. (b) «Card Management Service». Allows the issue, blocking of the Card, request for a pin and cancellation of the Card. (c) «Deposit Service on your Account». This consists of depositing money into your Account, either through a virtual POS terminal with a card issued in the European Union (immediate) or through a bank transfer from a current account (not immediate) opened in a country of the European Union. Cash deposits are not allowed. Card payments are limited to 500 euros per transaction. (d) «Transfer Service between Ezpays App-Platform Accounts». This consists of being able to make immediate transfers of electronic money between Ezpays App-Platform user accounts. (e) «Transfer Service to other Entities». Through this service, you will be able to make bank transfers from your Account to current accounts opened in SEPA area. Transfers will take between 24 and 48 hours. (f) «ATM Withdrawal Service». The ATM Withdrawal Service with the Card is defined by itself. (g) «Payment Service». Through the Payments Service you can make payments in any currency with your Card in Euros. (h) «Virtual Card Service». You may request the issuance and maintenance, for a specified period of time, of a virtual card issued by your Account’s Partner Service Provider. The Account Service Provider will set operational and other limits, such as reasonable use of the service. 3.3 Ezpays App-Platform features in addition to the Services associated with your Account Among the Ezpays App-Platform Features is allowing you to run the Services Associated with your Account (see above) through the Ezpays App-Platform App. In addition, Ezpays App-Platform makes available other related functionalities, such as (a) «Payment Viewer Functionality». Allows you to view payments made with your Card in a simplified or detailed manner (including the location and logo of the merchant, for example). (b) «Money Box Functionality». This functionality allows you to create additional e-money accounts to your Account and to send money manually or automatically from your Account, with the aim of providing savings systems. 3.4 Marketplace Services The Marketplace services available for the user to contract are varied (and variable). As we have said, the conditions that apply to the provision of each Marketplace Service are those of the Marketplace Provider in each case. To see the detail, you can go to the terms and conditions of the Providers. 3.5 Price of the use of the Ezpays App-Platform App and Services The download and use of the Ezpays App-Platform App is free for the User. The cost of the Marketplace Services is set by the Marketplace Providers. The cost of the Services Associated with your Account is set by the Payment Service Provider, although Ezpays App-Platform will subsidise them (assume the cost).
DURATION AND RIGHT OF WITHDRAWAL
Duration The registration in the Ezpays App-Platform will be indefinite, unless terminated by the user or by Ezpays in accordance with the provisions herein. You may terminate the Contractual Relationship at any time by unsubscribing through the means available on the Ezpays App-Platformor by sending an e-mail to Ezpays App-Platform. Removing theEzpays App-Platformfrom your device will not automatically terminate it. Ezpays may terminate the Contractual Relationship and, therefore, automatically terminate or suspend your access to the Ezpays App-Platform (at Ezpays’s choice) if (i) you fail to comply with any of your obligations under the Contractual Relationship or any of the Suppliers, (ii) you use or Ezpays App-Platform suspects that you use the Ezpays App-Platform or any of the Services for illegal purposes or on illegal terms, immoral, abusive or fraudulent, (iii) Ezpays App-Platform detects or is notified of irregular activity on the Ezpays App-Platformor on your Account, (iv) you violate any law or regulation, or (v) Ezpays or its Suppliers detect or suspect that the data provided in the registration process is false. 4.2 Right of Withdrawal 4.2.1 Time limit and exercise of the right of withdrawal In the first fourteen (14) calendar days after contracting the Services, you may withdraw from the plan, without indicating the reasons and without any penalty, if you notify it in accordance with this clause. To exercise your right of withdrawal, you may do so through the app or by notifying Ezpays App-Platform, within the period indicated, by a procedure that allows for a record to be kept. This communication must reflect: (i) name and surname(s); (ii) email address; (iii) request for application; and (iv) address. 4.2.2 Consequences of the exercise of the right of withdrawal Any obligation to refund payments by Ezpays shall be made within thirty days of notification in accordance with the previous paragraph. Exercising the right of withdrawal from the Services will not result in cancellation of the Ezpays App-Platformor termination of the Contractual Relationship, unless you cancel your subscription to the Ezpays App-Platform.
EZPAYS’S NEUTRAL POSITION WITH REGARD TO SUPPLIER SERVICES
Your relationship with the Payment Service Provider or Marketplace Providers is direct and exclusive between them. In this respect, Ezpayst only makes the Ezpays App-Platform available to users, as a means of intermediation for viewing and contracting the Services. Therefore, you must maintain the corresponding level of care, attention and diligence and act according to your own criteria. Ezpays reaches agreements with the Suppliers on the best possible terms, but is not responsible for verifying the regularity or quality of the Services. By accepting the Contractual Relationship, you are expressly agreeing that any legal remedies or liability you seek to obtain for the Provider’s actions or omissions shall be directed solely against them and not against Ezpays Both the user and the Provider shall compensate and hold Ezpays App-Platform harmless from any damage or injury resulting from a claim, whether in or out of court, by the user or third parties or, respectively, by the Provider or third parties for any reason whatsoever related to the Services. In addition to Ezpays App-Platform, you shall be entitled to indemnify its related entities, subsidiaries and their directors, employees, collaborators and agents. The obligation to indemnify shall include reasonable legal expenses. Notwithstanding the foregoing, you may and must report any irregularity or infringement that you detect in relation to the Services that may affect other Ezpays App-Platform users, by sending the report, under your responsibility, to the following e-mail address: email@example.com
EXCLUSION OF OBLIGATIONS AND GUARANTEES FOR THE FUNCTIONS
With regard to the functionalities provided by Ezpays, Ezpays assumes only the contractual obligations set out in these Terms and Conditions of the Ezpays App-Platform. In particular, Ezpays declines all responsibility for and does not guarantee in any way whatsoever (nor do any of its group companies or their employees, directors, agents, suppliers or those of their group companies): (a) The acts or omissions of the Suppliers, who are solely responsible for the Services. (b) The correct, continuous or uninterrupted functioning of the Ezpays App-Platform App, the Functionalities or Services, which Ezpays may cease at any time at its discretion without prejudice to the respect of the contractual commitments specifically undertaken in exchange for the price paid. Similarly, Ezpays does not guarantee the compatibility of the Ezpays App-Platform with users’ access devices, be they computers, browsers, mobile devices or other types. (c) The suitability of the Ezpays App-Platform for your needs or expectations. (d) The level of satisfaction, quality of life, profit or profitability or the absence of loss or damage as a result of using the Ezpays App-Platform. (e) The truthfulness, accuracy, legality and validity of the Services. (f) The solvency, technical, commercial, moral or financial reliability of the Suppliers. (g) The conclusion, good purpose or regularity of the contracts or agreements agreed between you and the Suppliers. (h) The adequate storage, preservation or non loss of the users’ information or their activity. (i) The impossibility of accessing the Ezpays App-Platform. (j) The presence of viruses or other elements in the content that may cause alterations in the computer systems, electronic documents or user data. (k) Failure to comply with the law, good faith, public order, traffic regulations and this legal notice as a result of the incorrect use of Ezpays. (l) Any responsibility for information found outside the Ezpays App-Platform. The function of the links that appear in the Ezpays App-Platform (such as, for example, in the Marketplace) or applications is exclusively to inform you of the existence of other sources that may extend the content offered by the Ezpays App-Platform. Neither does it guarantee the functioning or accessibility of the linked sites; Ezpays App-Platform neither suggests, invites nor recommends you to visit them, and shall therefore not be liable for the results obtained. In short, Ezpays makes available to you the «»AS IS»», «»AS AVAILABLE»» features and without warranty of any kind, either explicit or implicit, such as the warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any implicit warranty for any use of performance or commercial use, which are explicitly excluded. In any case, the liability that Ezpays may have for any breach of its commitments or, in general, for the Ezpays App-Platform, shall be limited to cases of wilful misconduct. In any case, Ezpays’s liability for damages shall in no case exceed the total amount paid.
YOUR OBLIGATIONS AND RESPONSIBILITY AS A USER
Ezpays cannot control your use of the Ezpays App-Platform. You warrant and are solely responsible for and undertake to (a) That your use of the Ezpays App-Platformis in accordance with the law, the contractual relationship, morality and/or public order and that you respect the rights and interests of third parties. Under no circumstances may you use theEzpays App-Platform to infringe the law or the rights of third parties, whatever their nature (including, but not limited to, intellectual and industrial property rights, the right to honour, privacy and one’s own image, the right to personal data protection, etc.). (b) To adopt the relevant diligence and precautions so as not to cause any damage or risk of damage to Ezpays , other users or any third party. (c) To provide Ezpays App-Platform with accurate information at all times. (d) To obtain the necessary rights, consents or titles to any information from a third party that you may provide to Ezpays. (e) Transactions made with your Card or Account. (f) Any use made from the Ezpays App-Platform when accessed with your username and password. (g) In the event that you send to, upload to or publish in the Ezpays App-Platform information or content of any kind, you declare, guarantee and accept that you have the right to do so freely, that said information does not infringe any intellectual or industrial property rights, commercial secrets or any other rights of third parties, and that said information is not confidential or harmful to third parties. (h) To refrain from obtaining or attempting to obtain any type of content, including, but not limited to, text, graphics, drawings, sound files, images, photographs or videos from the Ezpays App-Platform. In particular, it is forbidden to download, copy or reproduce any content from the Ezpays App-Platform or the Ezpays App-Platform itself. You assume full responsibility for these acts and hold Ezpays App-Platform harmless for any damage or harm suffered as a result, directly or indirectly, of them.
INDUSTRIAL AND INTELLECTUAL PROPERTY
Ezpays owns or, where applicable, counts the corresponding licences for the exploitation rights of the intellectual and industrial property of the Ezpays App-Platform. All intellectual and industrial property rights to the Functionalities and the Ezpays App-Platform are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of its content without the prior, express and written authorisation of Ezpays or, where applicable, of the holder of the corresponding rights. Under no circumstances shall access, browsing and use of the Ezpays App-Platform imply a waiver, transfer, licence or total or partial assignment of these rights by Ezpays App-Platform. You only have the right to use the Ezpays App-Platform App’s functionalities within a strictly domestic environment. References to registered trademarks or trade names, or other distinctive signs, whether owned by Ezpays App-Platform or third party companies, contained in the Ezpays App-Platform App, carry an implicit prohibition on their use without the consent of Ezpays App-Platform or their legitimate owners. The content that you upload or publish on the Ezpays App-Platform App will be called «User Content». In general, Ezpays App-Platform does not «use» User Content. However, in certain circumstances and jurisdictions, it may be necessary or appropriate for Ezpays App-Platform to have a license to provide the Functionalities (hereinafter, the «Use for the Provision of the Service»). Therefore, the user authorises Ezpays App-Platform to use, for the entire duration of the term, all intellectual property rights (including those of reproduction, distribution, public communication or transformation), industrial property, image or any other rights relating to the User Content in any known medium (the «Licence for the Provision of the Service»). The License for the Provision of the Service shall include, if necessary or appropriate for this purpose, the power of Ezpays App-Platform to create and exploit, with the same scope indicated in this paragraph, works derived from the User Content. Apart from the above, Ezpays App-Platform may use the User Content for the exclusive purpose of demonstrating the functioning of the Ezpays App-Platform App, to promote it, to improve it or to adapt it to the trends or tastes of users and in general to develop its business (the «Own Use»). To the extent necessary or appropriate to carry out the Own Use, the user authorises Ezpays App-Platform to exploit, for the entire legal duration, all intellectual property rights (including those of reproduction, distribution, public communication or transformation), industrial property, image or any other rights relating to the User Content provided by the User on any known medium (the «Licence for Own Use» and together with the Licence for the Provision of the Service, the «Licences»). The Licence for Own Use shall include Ezpays App-Platform’s right to create and exploit, to the same extent as indicated in this paragraph, works derived from the User Content. This right of Ezpays App-Platform is granted on a non-exclusive, irrevocable, free, universal and fully sub-licensable basis. The Licence for the Provision of the Service also includes the power (but not the obligation) to keep a backup copy of said User Content in order to prove that Ezpays App-Platform’s or a user’s legal obligations have been met or to collaborate with the public authorities for a maximum period corresponding to the prescription of legal obligations. The cancellation of the user or of the User Content will not affect the Own Use License, which may be exploited for the entire legal duration of the rights relating to them, except always for the possibility of expressly revoking the authorization in respect of those very personal rights where the Law provides for this possibility (such as the right to the image of the User). The user guarantees to Ezpays App-Platform that he or she has the necessary rights to grant the Licences and that the use of the intellectual, industrial or image property rights or of the corresponding nature in accordance with the provisions of the Law does not constitute a legal infringement, nor a breach of the rights of any kind of third party, nor a breach of obligations contracted with third parties, nor does it constitute unfair competition.
CONFIDENTIALITY AND DATA PROTECTION
APPLICABLE LEGISLATION AND JURISDICTION
The Contractual Relation is subject to the laws of the United Kingdom. For any controversy directly or indirectly related to the Contractual Relationship or the use of the App Ezpays App-Platform, both parties submit to the Courts and Tribunals of London that are applicable to them in accordance with the applicable legislation, with express waiver of any other jurisdiction that may correspond to them. In the event of any incident on the Ezpays App-Platform App, you may contact Ezpays App-Platform by e-mail at contact@Ezpays.io In the unlikely event that Ezpays App-Platform is unable to resolve the dispute through informal means, please note that the European Union operates an online dispute resolution application for consumers in the European Union to which disputes arising from online purchases may be sent. You can access this application at //ec.europa.eu/odr. You will also have the option of resolving the dispute through the courts.
Ezpays App-Platform will notify you of any circumstances affecting the Contractual Relationship via the Ezpays App-Platform App or by e-mail. On your part, you must notify Ezpays App-Platform by registered mail to the postal address at the top of this document or by sending an e-mail to the e-mail address at the top of this document.