Through this document, RED EFECTIVA, S.A. DE C.V. declares that it is a company incorporated under the laws of the United Mexican States and provides the USER with the following General Terms and Conditions (hereinafter referred to as “GTC”) that govern access to and use of the PLATFORM, website, and other digital content of PAYNAU. This document shall serve as the Contract, which is made available to the USER electronically via the PLATFORM.
Under the foregoing, by accessing and using the PLATFORM, you express full understanding and consent to these GTC, and declare that you are of legal age and are fully capable of entering into contracts and assuming all kinds of obligations, and therefore, are responsible for them. If you do not agree with these GTC, you must refrain from accessing or using the PLATFORM initially.
Therefore, you express your full understanding and consent to these GTC and agree to be legally bound and establish a contractual relationship between you and PAYNAU, which will be subject at all times to the Terms and Conditions, as well as to the applicable regulations in the United Mexican States.
All information provided by the USER, when using the PLATFORM, as well as any other data and information, will be used in accordance with the Privacy Notice that PAYNAU provides to the USER via its website: https://www.paynau.com.
Any User who does not fully and completely accept the Terms and Conditions stated herein, which are mandatory and binding, must refrain from accessing, using, and observing the Site. Should the User access, use, and observe the Site, it will be considered as absolute and express acceptance of the Terms and Conditions established herein.
By accessing the PLATFORM, the USER acknowledges that PAYNAU is granting a temporary, limited, non-exclusive, non-sublicensable, revocable, and non-transferable license under the terms described.
The USER agrees that the use of the PLATFORM is at their own risk with respect to the services and/or products provided therein.
The PLATFORM, including but not limited to all content such as texts, photographs, illustrations, graphics, videos, audio, designs, codes, data, and any other information, is the sole and exclusive property of PAYNAU. This includes all copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property rights, and it is regulated and protected by the Federal Copyright Law, the Federal Law for the Protection of Industrial Property, and any other applicable intellectual property regulations.
The use of the PLATFORM does not grant the USER any ownership of the PLATFORM or its content, nor does it grant any license for the exploitation of these rights. The USER acknowledges that under no circumstances does downloading material with copyright related to the Services confer any property rights.
Distinctive signs, including trademarks and trade names, as well as other content displayed in the Services, will at all times be the property of PAYNAU, whether or not they are registered, and cannot be used by the USER without the express written consent of PAYNAU.
The USER acknowledges, accepts, and understands that to use the PLATFORM, they must have a computing device with the minimum operational characteristics required for the PLATFORM, which must be obtained and paid for by themselves, as well as bear any damage that may occur, including viruses transmitted through computer means or communication channels, and, in general, any other type of loss, harm, destruction, or deterioration that the USER may suffer due to the use of said computing device while using the PLATFORM.
The Services are only available to individuals who have legal capacity to contract. Therefore, individuals who do not possess this capacity or minors may not use the services. The USER declares and guarantees, under oath, if a natural person, that they are of legal age, a resident of Mexico, have an address or establishment in the United Mexican States, and have the legal capacity required to perform the activities contained on the Site. If a legal entity, the person acting on its behalf has the necessary and sufficient powers to act and obligate the entity, and that it is a legally constituted company under the laws of the United Mexican States.
The USER declares, under oath, that all information and documentation provided and/or to be provided in connection with any activity promoted on the Site is true, complete, and correct, and therefore undertakes to indemnify and hold PAYNAU harmless from any damage, harm, claim, or action caused by such omission or falsehood.
PAYNAU may use various means to identify its USERS, but PAYNAU is not responsible for the accuracy of the Personal Data provided by its USERS. PAYNAU reserves the right to request additional proof and/or data to verify the Personal Data and to temporarily or permanently suspend USERS whose data could not be confirmed.
To access and use the Products and Services, the USER must register on the PLATFORM by completing the forms provided by PAYNAU, with the requested personal data, which may include but is not limited to: (i) full name or corporate name, (ii) address (street, exterior and interior number, postal code, neighborhood, political division, state, country), (iii) job title, (iv) email address, (v) password, (vi) mobile phone number, (vii) social media profiles, among others, to subsequently generate access keys, passwords, and authentication factors for which the USER is responsible.
To access the USER Account, PAYNAU will provide and validate an access password, which will be considered an identifying and enabling element for accessing the PLATFORM services. The password will be personal and non-transferable; therefore, the USER is obligated to maintain the confidentiality of their access password, assuming any consequences that may arise from its use by third parties other than the USER, and must hold PAYNAU harmless from any unauthorized use of the password. The USER will be responsible for all operations performed with their password. It is prohibited for a single USER to have more than one Account. In the event PAYNAU detects Accounts with related or matching data, it may cancel or disable them. PAYNAU reserves the right to reject any registration request or cancel a previously accepted registration, without being obligated to communicate or disclose the reasons for its decision, and without generating any right to compensation or indemnification.
The USER acknowledges and agrees that PAYNAU processes personal and financial data in accordance with the principles of legality, consent, information, quality, purpose, loyalty, proportionality, and responsibility as established by the Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP), and in compliance with its privacy notice provided in advance. Similarly, the USER acknowledges that to prevent unauthorized access and disclosure, maintain data accuracy, and ensure proper use of information, PAYNAU employs appropriate physical, technological, and administrative procedures to protect the information it collects.
The USER may request the exercise of their ARCO rights or the revocation or limitation of their personal data through their PORTAL and the ARCO Rights Request Form, as indicated in the Privacy Notice. The USER acknowledges that it is their obligation to refrain from using, consulting, removing, selling, renting, and/or transferring personal data, sensitive personal data, and financial data that they might come into contact with due to the service(s) contracted under this GTC agreement. The USER will hold PAYNAU harmless from any penalties or fines PAYNAU might incur due to misuse of personal data by its USERS. If the USER fails to comply with the obligation contained in this clause, in addition to any applicable sanctions under the Federal Law on the Protection of Personal Data Held by Private Parties, they must compensate PAYNAU for any damages resulting from such failure.
The USER must notify PAYNAU via the PLATFORM as soon as possible if there is any change to their Personal Data provided under the first paragraph of the previous section and, in general, of any updated or modified information, as well as any loss or theft of passwords, access codes, or authentication factors for the PLATFORM. PAYNAU will use the most recent USER data provided on the PLATFORM for any notifications, so in the event of failure to provide such notification, the USER releases PAYNAU from any liability related to the provision of Services.
In the event of loss, theft, or breach of authentication factors, access codes, and/or passwords, the USER must immediately notify PAYNAU through the PLATFORM, understanding that under no circumstances will PAYNAU be responsible for charges or operations and/or authorizations made prior to the theft or loss report, even if conducted by a third party.
PAYNAU reserves the right to remove or modify the content of the PLATFORM. It will not be liable for any failure or delay resulting from the removal of such material. Under no circumstances will PAYNAU be responsible for any direct or indirect damage or harm caused by the USER's reliance on information obtained through the PLATFORM. Thus, the USER agrees to review these GTC periodically to stay informed of such modifications. Notwithstanding the above, each time the USER accesses the indicated site, it will be considered as absolute acceptance of the modifications to this agreement.
PAYNAU does not guarantee that the PLATFORM will meet all of the USER's requirements or that the PLATFORM Services will be uninterrupted. However, PAYNAU will notify via email or through the official website of the service continuity options when failures occur on the PLATFORM.
he USER will have access to the PLATFORM at any time to perform transactions in accordance with banking hours. However, if there is a guarantee or balance in the account, transactions may be performed at any time. Transactions successfully executed within the allowed days and hours, as previously agreed, will be effective on the day they are performed. Transactions pending execution due to not being completed within the established days and hours will be effective on the next Business Day they are carried out, provided that no impediment to their execution arises.
The USER acknowledges and agrees that PAYNAU will not be liable if, due to fortuitous events, force majeure, line failures, PLATFORM failures, or any other causes beyond PAYNAU's control, access cannot be made. Nevertheless, PAYNAU will undertake all necessary measures to ensure continuity of services on the PLATFORM. Any notifications to the USER regarding system failures or processes for service continuity will be made through the email registered by the USER.
To use the Services on the Platform, USERS must provide certain personal data. In accordance with PAYNAU's Privacy Notice, all personal information is processed and stored on servers or magnetic media that maintain high standards of security and protection, both physical and technological. For more information on the use of Personal Data and its privacy, you may refer to the Privacy Notice.
Furthermore, the USER agrees and acknowledges that all information contained on the PLATFORM, as well as any information PAYNAU may provide to them, whether written, electronic, or verbal, is information that the USER is obliged to protect as confidential (hereinafter referred to as “Confidential Information”). Confidential Information includes, but is not limited to, correspondence, technical information, commercial information related to the PLATFORM's organization and activities, and PAYNAU's technical and contractual knowledge.
The USER will be responsible to PAYNAU for ensuring that their shareholders, officers, and employees maintain strict confidentiality regarding the technical and administrative projects implemented by PAYNAU in relation to this contract. The USER acknowledges that any printed or digital document and/or Commercial Proposal establishing obligations arising from the use of the PLATFORM is an integral part of these GTC and, therefore, will be fully valid and constitute conclusive evidence.
The USER is obliged not to modify, alter, or remove, either in whole or in part, trademarks, trade names, trade notices and/or advertisements, logos, content, databases, compilations, photographs, images, programs, applications, signals, or any general indication referring to the ownership of the information contained on the Platform.
Any intrusion, attempt, or activity violating or contrary to intellectual property laws and/or the prohibitions stipulated in these GTC will make the responsible party subject to appropriate legal actions and sanctions under this agreement, and will hold them responsible for compensating any resulting damages.
All risks arising from the use of the PLATFORM, the use or contracting of any services offered in connection with PAYNAU, and/or the use of any content will be the responsibility of the USER. PAYNAU recommends exercising prudence and common sense when performing transactions. Under no circumstances will PAYNAU or any of its directors, employees, agents, or affiliates be liable for any direct or indirect damages resulting from the use of these conditions.
PAYNAU is not responsible for any damage, harm, or loss to the USER caused by system failures, server issues, or Internet problems. PAYNAU will also not be liable for any viruses that may infect the USER's equipment as a result of accessing, using, or examining its website, or from any data transfer, files, images, texts, or audio contained therein, or any other information sent using electronic means.
PAYNAU will make its best efforts to keep the Site operating correctly and free of electronic viruses. However, PAYNAU does not guarantee the absence of viruses, errors, deactivators, or any other contaminating or destructive materials in the available information or programs, or any PLATFORM failures, and it is the USER's responsibility to have antivirus, firewalls, and other electronic security systems.
USERS may not hold PAYNAU responsible or claim compensation for lost profits due to technical difficulties or system or Internet failures. PAYNAU does not guarantee continuous or uninterrupted access to its site. The system may occasionally be unavailable due to technical difficulties or Internet failures, or other circumstances beyond PAYNAU's control; in such cases, efforts will be made to restore it as quickly as possible without PAYNAU being held liable. PAYNAU will not be responsible for any errors or omissions contained on its website.
PAYNAU, the PLATFORM, all materials and content therein, as well as its logos, are trademarks, domain names, and/or trade names owned by their respective holders, protected by international treaties and applicable federal, local, or international laws concerning intellectual property and copyright.
The copyrights on the content, organization, collection, compilation, information, logos, programs, applications, or generally any information contained or published on the PLATFORM are duly protected in favor of PAYNAU, its affiliates, strategic partners, suppliers, and/or their respective owners, in accordance with applicable intellectual property legislation.
Users are expressly prohibited from modifying, altering, or removing, either in whole or in part, any notices, trademarks, trade names, signs, advertisements, logos, or generally any indication referring to the ownership of information contained in the PLATFORM.
In the event that the USER transmits to PAYNAU any information, programs, applications, software, or generally any material that requires licensing through the PLATFORM, the USER hereby grants PAYNAU a perpetual, universal, royalty-free, non-exclusive, worldwide license, including among the granted rights, the right to sublicense, sell, reproduce, distribute, transmit, create derivative works, publicly display, and publicly perform.
The provisions of the preceding paragraph shall also apply to any other information the USER sends or transmits to PAYNAU, including, without limitation, ideas for renewing or improving the PLATFORM, whether they have been included in any space on it, through other means, or modes of transmission already known or developed in the future.
The USER expressly waives any attempt to bring any action, claim, or lawsuit against PAYNAU, its affiliates, or suppliers for any current or potential infringement of any copyright or intellectual property rights derived from the information, programs, applications, software, ideas, and other material that the USER sends to the PLATFORM.
PAYNAU reserves the right to block access to or remove, either partially or totally, any information, communication, or material that, in its sole judgment, may be: (i) abusive, defamatory, obscene, offensive; (ii) fraudulent, artificial, or misleading; (iii) infringing on copyrights, trademarks, confidentiality, trade secrets, or any third-party intellectual property rights; or (iv) in any way contravenes these TCG.
The USER shall indemnify PAYNAU, its affiliates, related companies, directors, officers, representatives, employees, suppliers, vendors, and advisors for any action, claim, or lawsuit arising from any breach by the USER of these TCG, including but not limited to: (i) Any aspect related to the use of the platform www.PAYNAU.com; (ii) The information contained or available on or through said site or defamation, slander, or any other conduct violating this document by the USER in the use of the PLATFORM; (iii) The violation of applicable laws or international treaties concerning intellectual property rights, content, or available through said website.
Any clarifications or claims the USERS may have related to these TCG should be directed to PAYNAU with supporting documentation proving their validity. For a clarification to be valid, it must be presented within 90 (ninety) calendar days from the date of the operation in question. After this period, any clarifications or claims will not be the responsibility of PAYNAU. Any operation conducted through the PLATFORM will be considered accepted by the USER.
The term of these TCG will be one year from the date of signing. After the term of the Agreement, it will be automatically extended for successive equal periods unless either PARTY notifies the other in writing of its intention to terminate it, understanding that notwithstanding the termination of the Agreement, the USER will remain obligated to fully comply with all payment obligations arising therefrom.
The USER will have a ten-business-day period after the signing of the Agreement to cancel it without liability, in which case PAYNAU will not be entitled to any commission, provided that the USER has not used or operated the contracted products. A cancellation request through the PLATFORM will suffice. Such cancellation will be valid as long as the USER has not utilized the services.
The USER may request at any time the early termination of these TCG by submitting a request to PAYNAU through the established channels within the PLATFORM, or to the email address merchants@PAYNAU.com. PAYNAU will provide an acknowledgment of receipt and a reference number indicating the progressive number of attention to the request, and will ensure the authenticity and accuracy of the USER's identity.
Accordingly, PAYNAU will terminate the commercial relationship with the USER on the next business day, provided that any outstanding amounts and fees up to that date are settled. PAYNAU must provide the USER with an acknowledgment of receipt or confirmation code of cancellation, both parties waiving any residual charges that might subsist after the moment of cancellation.
If the USER still has outstanding amounts with PAYNAU, to proceed with the termination of the commercial relationship, they must cover the amount of the outstanding debts within 10 (ten) business days from the delivery of the corresponding notice provided by PAYNAU.
During the term of these TCG, the USER will compensate PAYNAU for any damages resulting from the improper use of the PLATFORM. Upon early termination, PAYNAU will no longer process requests for new USERS, nor will it provide any other service.
PAYNAU may terminate the Agreement prematurely, without liability, by notifying the USER in writing via the email address provided by the USER for this purpose in the Agreement, and without the need for judicial declaration, if the USER incurs any of the following events:
It is expressly agreed by the PARTIES that upon termination of the Agreement in accordance with the provisions of item e) above, PAYNAU's commitment to perform operations and services with the USER as referenced in these TCG will immediately cease, and all amounts owed by the USER to PAYNAU at that time will be immediately due and payable, without the need for presentation, demand, request, or other notice of any kind, to which the USER expressly waives through this means.
The USER may not assign or transfer the rights and obligations under this TCG agreement without the prior written consent of PAYNAU. PAYNAU may, in whole or in part, assign the rights and obligations of this TCG agreement to a subsidiary, holding company, or related party for the proper performance of the agreement, provided that PAYNAU informs the USER in advance of the name of the assignee.
These TCG shall be governed in all respects by the laws in force in Monterrey, Nuevo León, Mexico, particularly with regard to data messages, electronic contracting, and electronic commerce, which shall be governed by the relevant federal legislation. Any dispute arising from this agreement, its existence, validity, interpretation, scope, or performance, shall be submitted to the applicable laws and competent courts. These TCG shall be subject to and interpreted according to the laws and before the courts of Monterrey, Nuevo León, Mexico.
The USER declares and warrants that the funds used for transactions with PAYNAU under these TCG do not and will not originate from activities related to drug trafficking, terrorism, or other illegal activities. The USER agrees to provide PAYNAU with the information required for the proper identification of the USER and compliance with national regulations concerning anti-money laundering and counter-terrorism financing. Additionally, the USER acknowledges being solely responsible for registering and requesting the information for the USER's knowledge, excluding PAYNAU from such responsibility.
The Federal Government and Public Parastatal Entities shall not be liable or guarantee the USER's resources used in transactions with the Financial Technology Institution or others, nor assume any responsibility for obligations incurred by the Financial Technology Institution or by any USER towards others as a result of the transactions performed.
The Parties agree that, as of the date of acceptance of these TCG, neither they nor their directors, officers, or employees will have offered, promised, delivered, authorized, solicited, or accepted any undue advantage, whether economic or otherwise (or implied that they will or could do so at any future time) in any way related to the contract and that they will have taken reasonable measures to prevent subcontractors, agents, or any other third party under their control or influence from doing so.
The USER acknowledges that PAYNAU has warned them of various scams that use the network for illicit transactions, such as Smishing, Phishing, Pharming, etc. Therefore, it is the responsibility of each USER to implement the appropriate measures to avoid becoming a victim of any of these crimes.
Under no circumstances may the USER use the services provided by PAYNAU unless they have accepted, or are considered to have accepted (by accessing the PLATFORM and using the services), these TCG. Thus, the USER accepts and acknowledges that acceptance of these TCG has the same legal effect as signing any contract or agreement of intent, constituting their will and consent free of any vices, accepting all terms contained therein.
The parties acknowledge and agree that these TCG, as well as any other document forming part of this agreement, may be unilaterally modified by PAYNAU, with prior notification of 30 (thirty) calendar days before the modification takes effect.
The modifications will be valid upon the USER's express or tacit acceptance, meaning that once these documents have been delivered or made known to the USER, and provided that the USER does not object within 3 (three) business days following their delivery or knowledge, such documents and their content will be applicable and valid for the USER.
The Parties to the Agreement shall not be liable when Confidential Information provided to them is known to any third party due to any of the following causes:
In all cases, the disclosure of any type of information of the USER by PAYNAU to Financial Authorities shall not imply any breach of legal confidentiality obligations nor constitute a violation of restrictions on information disclosure established by any contractual means.