Terms and Conditions

TERMS AND CONDITIONS
This agreement (the "Agreement") contains the terms, restrictions and conditions governing the use of the mobile wallet and mobile account (the "System") that Alternativas Innovadoras de Pago S.A. de C.V. makes available to the person interested in its use (the "User") on the website www.pademobile.com (the "Website"). By entering and using the services offered on this website, whose domain name is: www.pademobile.com, owned by the Company, you (the User) agree to the terms and conditions contained in this agreement and expressly declares their acceptance. If the User does not accept absolutely the terms and conditions of this agreement, he must refrain from using and seeing www.pademobile.com. In the event that the User continues to use www.pademobile.com, such action is deemed to be his absolute acceptance of the terms and conditions set forth herein.
1. ACCEPTANCE OF AGREEMENT AND ITS AMENDMENTS
1.1 The use of the System involves the unqualified acceptance by the User of the agreement, privacy policy and any other documents which are referenced herein.
1.2 The Company may unilaterally change the agreement. The amendments will be binding upon its publication on the website or its notification to the User, whichever comes first, without prejudice to the capacity of the User to terminate the agreement.
2. THE SYSTEM
2.1 By registering and using the System, the User designates the Company as his agent to process and manage his mobile wallet and mobile account, according to the instructions and subject to all terms, conditions and limitations of this agreement.
2.2 This Company is not a financial institution nor does it provide banking or exchange services.
2.3 The Company will keep at all times the User's funds separated from its corporate funds. Such will not be used to finance its business operations or any other purpose than the indicated by the User and will not give them voluntarily to its creditors if bankruptcy or any other eventuality.
2.4 The System allows Users to make payments to third parties, send funds to other Users of the System, online shopping, shop in the network of affiliates, hire services offered by the System and auction payments using electronic debit money from the digital account of the User (Pademobile account) or request payments and receive funds from third parties by electronic accreditation of money in his Pademobile account.
2.5 Each Pademobile account is assigned to one User.
2.6 Pademobile accounts are in Mexican Pesos and all references to money in the System are to the legal currency in Mexico, except for those where expressly stated otherwise.
2.7 Pademobile account funds are added using the mechanisms described in clause 4 and are electronically credited in the Pademobile account. Likewise, Pademobile account funds are withdrawn using the mechanisms described in clause 8.
2.8 If the User has funds in his Pademobile account, the Company will keep such in a bank account (Escrow account) in a national bank together with the rest of available funds in digital accounts of other Users belonging to the same affiliate in which he registered in the System or by which he was referenced.
2.9 By carrying out any transaction involving a debit of funds from the User's Pademobile account, he authorizes the Company to use the corresponding amount in the Escrow account. Upon receipt of funds by any transaction, the User authorizes the Company to deposit and keep the funds in the Escrow Account.
2.10 Accredited funds in the Pademobile Account do not generate interests and the User may freely dispose of them to perform the described operations in this agreement.
2.11 The Company does not receive fees or commissions for opening a Pademobile account or for adding funds to the same one but reserves the right to establish them in the future, effective from the date of notification to the User.
2.12 The Company charges a service fee to the User for the management of the Pademobile account, to receive funds in his Pademobile account from a third party or another Pademobile account, by any payment transaction in the System. The details of the rights and fees are available in the box of Rights, Fees and Limits, as well as in the link Costs in www.pademobile.com.
3. EXCLUDED PEOPLE
3.1 The System is not available for those who lack legal capacity to contract or are under 18 years of age.
4. ADDING FUNDS
4.1 Having confirmed the cellular phone number registered by the User, he can add funds in his Pademobile account by bank transfer, bank deposit, and credit card or through the network of affiliates to the System.
4.2 For bank transfers, the Company will credit the amount that is effectively verified by the bank in its electronic Systems, in the Pademobile account, regardless of the amount declared by the User while performing the operation. Accreditation is carried out within 30 minutes after verification of the accreditation of the funds in the Company's bank account. (SERVICE NOT AVAILABLE AT PRESENT).
4.3 The Company will only accept transfers to the bank account in pesos to Banamex, account number: 47760154942. Users will identify as their transfer reference or deposit, the cellular phone number of the Pademobile User where the funds will be deposited (SERVICE NOT AVAILABLE AT PRESENT).
4.4 The Company is released from all responsibility if the User transfers to a different bank account other than as specified in 4.3 or if a transfer is made where the User's cellular phone number is not identified or the number is incorrect.
4.5 For deposits in mechanic ATMs, the Company will credit in the Pademobile account, the amount that is effectively verified by the collection entity in the envelope deposited by the User, regardless of the declared amount by him when performing the operation. The credit will show within the next 24 to 48 business hours after making the deposit (SERVICE NOT AVAILABLE AT PRESENT).
4.6 The User may not use the Pademobile account for other purposes than those described herein and is responsible for its misuse.
4.7 For deposits in affiliated collection entities with personnel that receive the deposit, the Company will credit in the Pademobile account, the amount that is effectively reported by the collection entity and must include the credit voucher issued by the collection entity and held by the User. Credit will be immediate once the deposit is made.
4.8 The User acknowledges that only he can add funds to his Pademobile account by any of the described mechanisms. In his Pademobile account, the User can only receive funds through channels that the System offers. If the Company detects irregular use of the mechanisms for adding funds, clause 12.4 of this agreement shall be applied.
5. PAYMENT INSTRUCTIONS
5.1 Payment instructions (operations) will only be performed on the website or through authorized channels for this purpose (SMS, USSD, Web access, Native Iphone clients, BlackBerry, Android, iPad or others). Instructions given via telephone, fax, email or any other different to the System will not be valid. The System will not debit funds to the account if there is not an expressed statement through the channels authorized for them.
5.2 The User is the only responsible of the confidentiality of his password. Without prejudice of the ability of the Company to request additional information on the identity of the User, by entering the cellular phone number and the password, the transactions will always be attributable to the User even when he offers to prove they were performed by non authorized Users.
5.3 The User must have funds in his Pademobile account enough to meet all payment instructions together with the rights and fees of each transaction. Failing that, the Company will not process the instruction or instructions of payment.
5.4 From the moment a payment instruction initiates to the moment the recipient of the funds accepts the operation (something that may happen immediately), the User becomes the only owner of the used funds and the Company manages such only as his payment agent, but the User may not access such funds until the initiated operation is cancelled.
5.5 Responsibility for the payment instructions and their consequences are the User's. The Company is extraneous to the obligation that gave rise to the payment instruction, so it is not obliged to verify the cause, amount, recipient or other circumstances related to the payment instruction, or responsible for the integrity, opportunity or payment acceptance. The Company is not responsible for the delivery and/or benefits, in time and manner, of the goods and/or services paid through the System.
5.6 System's records are sufficient proof of full compliance with the instructions; those replace the need of any receipt and are fully enforceable against the User even in the absence of other certificates issued by the User, the Company or third parties.
6. RECEIPT
6.1 By registering to the website, the User can receive funds from other Users who make payments using the System. Keeping a Pademobile account implies the expressed acceptance of all operations of receipt of payments, and all the rights and fees that apply.
6.2 When receiving a payment through the System, the user is not protected against possible future cancellations or reversals in the operation, unless he provides Pademobile the evidence needed to dispute the charge refund. Pademobile uses this proof in addition to any other it may have to investigate the charge refund with the affiliate company. In appropriate cases, the User expressly authorizes the Company to debit such funds to his Pademobile account and if there were not enough funds in this, it commits to pay them within the next thirty (30) days following the reversal. Pademobile reserves the right to dispute the charge refund even if the User has provided evidence, especially if it considers it is not likely the dispute to be successful. The company reserves the right to use appropriate legal methods to collect the amount owed as a consequence of the payment reversal.
6.3 The User agrees not to apply extra charges for accepting payments through the System. Users who receive funds from operations using credit cards or American Express agree not to apply any type of additional charge for accepting such payments, in accordance with the regulations and current laws in the Visa and MasterCard international agreements.
7. LIMITS
7.1 There is not minimum or maximum amount for the credited sums to the Pademobile account. Nevertheless, for crediting to the Pademobile account that makes your balance exceed 10,000 pesos ($10,000) the Company reserves the right to verify the registered data by the User in the System and extend such information.
7.2 The User will not be able to add to the Pademobile account amounts under fifty pesos ($50); the Company may apply charges otherwise.
7.3 The User will not be able to withdraw from his Pademobile account amounts under fifty pesos ($50); the Company may apply charges otherwise.
7.4 For operations with available funds in the Pademobile account, in no case the User may perform payments involving more than twenty thousand pesos ($20,000) or less than fifty pesos ($50) in a single operation.
7.5 For operations with funds debited from the credit card provided by the User, in no case the User may perform payments involving more than twenty thousand pesos ($20,000) or less than fifty pesos ($50) in a single operation.
7.6 In no case the User may perform operations for a total amount exceeding twenty thousand pesos ($20,000) with funds debited from the same credit card.
8. WITHDRAWAL OF FUNDS
8.1 Having confirmed the cellular phone number registered by the User, he can withdraw from the System, all or part of the available balance from his Pademobile account.
8.2 Only Users residing in Mexico are authorized to withdraw funds from the System.
8.3 Funds will be withdrawn by the User through the network of affiliates or by transfer to a bank account of the User within 2 to 4 business days of the request, depending on the bank used. Transfer expenses or remittance of funds are charged to the User.
8.4 Full Balance withdrawal does not mean the closure of the Pademobile account.
8.5 Bank transfers will only be made to bank accounts in Mexico. 8.6 Bank accounts to which the Company may transfer funds must belong to the Banks admitted by Banxico.
9. TERMINATION OF AGREEMENT. ACCOUNT CLOSURE.
9.1 Any of the parts may terminate the agreement at any time. The termination of the agreement involves the closure of the Pademobile account and voids all outstanding payment instructions at that time. The User may withdraw the available funds in his Pademobile account in accordance with the provisions of clause eight.
10. EXCLUSION OF LIABILITY
10.1 The use of the System is in all cases under the sole responsibility and risk of the User. The Company does not guarantee the availability and continuity of the website or System operation, or the inviolability of the stored data or transmitted over public telecommunication networks or other means, nor the absence of malfunction, viruses or other applications on the website that may cause damage to the User. The User takes charge and releases the Company from any liability arising from events of unforeseeable circumstances or major force.
10.2 The Company will make all reasonable efforts to ensure estimated time of accreditation, processing and transactions with third parties, such as Banks and courier companies are done according to the stipulated time. However, some factors, mostly outside the Company, can determine delays in the necessary time to process transactions. The User understands these failures are outside the Company and releases it from all responsibility for the inconveniences or losses resulting from these failures.
10.3 The Company is not liable for erroneous payments made by the User to third parties as a result of the erroneous input of the cellular phone number of the recipient, or any other relevant information of the payment transaction.
10.4 For those operations using funds from a credit card, the Company is not required to credit funds that are not fully paid by the bank or the credit card issuing entity.
10.5 The Company is not liable for access to a website that does not begin with https://www.pademobile.com and any type of information taken from the User and subsequently used in the System linked to his Pademobile account.
10.6 Any compensation the Company owes to the User will be limited to the maximum amount the User had credited in his Pademobile account the day before the occurrence of damage.
11. MISUSE OF THE WEBSITE
11.1 The User enters and uses the information and advertising contained on the website and the websites linked to it under his sole responsibility.
11.2 Any type of manipulation and/or publishing of pages, code, logo and website information on internet pages of the User or a third party is strictly prohibited. This includes, but is not restricted to the publication of any page or part of a page of the website in a frame of another page.
11.3 The User agrees not to use the System to accept payments for goods, services and illegal transactions, including but not restricted to any good or service that inflicts the laws of intellectual property of others. The User shall not use the System for any type of activity that may be considered fraudulent or illegal.
11.4 If the User utilizes the System for purposes different to the payment transactions or administration of a Pademobile account, including but not restricted to security manipulation or performance of the System, hacking or access through non authorized or authorized means, his Pademobile account will be cancelled and he shall be liable for any damage or detriment caused by his behavior. Pademobile may access the deposited funds in his account to repair the damage caused and initiate actions and lawsuits it deems necessary.
11.5 The User agrees not to use the System to make transactions that may be reasonably identified as cash advance using his own credit card or any other available payment method. Cash advance means any transaction in which the User debits funds from his credit card or adds funds through any other payment method allowed, to obtain liquidity and withdraw funds from the System. This behavior includes, but it is not limited to a User that makes a payment to a third party with funds debited from his credit card or other available payment methods and who then receives the funds back from the same third party and requests a withdrawal of funds.
11.6 Should there be any indication of the existence of illegal or improper use of the System, including but not limited to the described transactions in this clause, the Company may reject a payment instruction, temporarily block the access and use of the Pademobile account and/or cancel it, blaming the User for damages and detriment caused by his conduct, initiating appropriate actions and lawsuits.
11.7 The User is obliged to indemnify and respond for all damages to the Company as a result of his abuse of the System.
11.8 The User may only print and/or copy any information contained or published on the website exclusively for personal, non-commercial use. In case of a legal person shall be governed by the provisions of article 148, paragraph IV of the Federal Copyright law.
11.9 Reprinting, republishing, distribution, assignment, sublicensing, sale, electronic reproduction or by any other mean of any information, document o graphic of the website, in whole or in part, for any use other than personal, non-commercial, is expressly prohibited to the User, unless the Company has given prior written authorization.
12. ASSIGNMENT
12.1 The User may not assign the agreement, and any attempted assignment shall be renowned null and void.
12.2 The Company has extensive authority to assign or transfer the agreement or any right under the same without notice or consent by the User.
13. INFORMATION ENTERED BY THE USER
13.1 The User undertakes not to enter information in the website that is obscene or offensive or containing threats, viruses or other harmful programs or mechanisms to capture or distort information contained on the website, nor links or non-authorized advertising.
13.2 If the User publishes any type of information on the website, he does so giving the Company a non-exclusive, perpetual, irrevocable, free, sub licensable, worldwide license on the copyright or other rights regarding the material published for its use on the website and the related websites and media. The User also guarantees to be the holder with power to dispose of such information or that has obtained from its holders all the authorizations that the publication of such information under the conditions required.
14. RIGHTS ON THE WEBSITE AND ITS CONTENT
14.1 The website, trademarks, logos and any other content on the website are owned by the Company or his suppliers and are protected under copyright, trademark, intellectual property, inventions, software and any other applicable standard and it is prohibited to copy, their reproduction, sale or any other commercial use or non-authorized distribution by the Company. The User, in this act and by virtue of the execution of this agreement, agrees to use only and exclusively the image contained on the banners to advertise the payment method expressly designed by the Company and made available to the User on the following address: https://www.pademobile.com. If the User utilizes the payment method advertising or the service provided by the System in a different way, the Company reserves the right to terminate this agreement, only upon written notice to the User, without liability on its part and without judicial declaration. Likewise, the User hereby agrees that in case of default as stipulated, he be liable for any civil, administrative and/or criminal actions entailing such failure and shall pay for the damages caused.
15. USER INFORMATION
15.1 All the information provided by the User to the website means a reference in an affidavit with the commitment of the User to keep it updated.
15.2 The User authorizes the Company and the affiliate to which he belongs to use his personal information for purposes relating to the website operation. The Company will not publish, sell or give information of the User gathered to third parties, except from disclosure pursuant to a court order or an administrative authority. Likewise, using and registering as User, you consent the Company to use for themselves, permit or lease to third parties, personal data for marketing uses, advertising or offering goods and services. Nevertheless, if the User wishes, at any time and through the means provided for that purpose, he may request to be excluded from the lists to send promotional or advertising information in the preference section about emailing where he states he does or does not wish to receive such information.
15.3 The Company does not use cookie technology or IP tracking when a User navigates through the website, keeping the privacy of the User once the session ends.
16. NOTIFICATIONS
16.1 Notifications will be valid on the email addresses established by the Company and the User and will be presumed to be received no later than five business days after they have been sent.
17. ADDITIONAL TERMS
17.1 Occasionally, the Company may add terms and conditions to this agreement with additional provisions relating specific areas or new services provided on or through the website ("Additional terms") which will be published on the specific areas or new services of the website for reading and acceptance. The User acknowledges and agrees to such additional terms as part of this agreement for all legal purposes that may arise.
18. JURISDICTION AND APPLICABLE LAW
18.1 Jurisdiction and applicable law. The present agreement is governed by the laws and other applicable provisions in Mexico and to the acknowledge of any dispute arising in connection with the performance or interpretation of this agreement, the parties expressly submit jurisdiction of the courts of Mexico City, Federal District, waiving now any jurisdiction that may be applicable on the future of present addresses or the location of their properties. It is agreed the jurisdiction of the competent courts of Mexico City, D.F. and Mexican law enforcement excluding any rule on conflict of laws. Alternativas Innovadoras en Medio de Pago, S.A. de C.V. Address is set on – Bosque de Duraznos, 75-706. Bosques de las Lomas. México D.F.