Terms and Conditions

Please read the following terms and conditions of use (the “Terms and Conditions”) carefully before downloading and/or using PAGO46, system operated in the Republic of Argentina (the “Territory”) by Pago 46 SAS (the “Company”) under the exclusive license agreement with 46Degrees Technologies Inc.

These Terms and Conditions apply to any person’s use of PAGO46 and any services owned or controlled by 46 Degrees Technologies Inc. or its affiliates, subsidiaries or related companies. This document contains legal information that we encourage you to read in full.

For all legal purposes these Terms and Conditions constitute sufficient and complete information regarding the mode of use of PAGO46. By accepting these Terms and Conditions, it is understood that you, as a user (the “User”) have read and accepted them, in all their parts, and understand that they are legally binding and obligatory for you. Acceptance of the Terms and Conditions of use and exploitation of the application, website and services and all information available from PAGO46, including its underlying computer and computer code, its graphic or user interface elements, programming modules, operation manuals, trademarks, and others of a similar nature, shall also be deemed to be given tacitly by the use of PAGO46.

If you do not agree with these Terms and Conditions, you should refrain from using PAGO46.

I. ABOUT PAGO46

PAGO46 is a comprehensive system for transaction and cash delivery processing via web and/or mobile application platforms or any other means that PAGO46 may make available in the future (the “Transactions“). The cash sums are collected by independent third parties who provide Users with collection services (the “Assistant Collectors” or “AR“), either as a fixed point (in which case the User must approach the AR) or mobile (in which case the AR approaches where the User is located), and who are linked to the users through PAGO46. The company, by means of independent commercial agreements, has agreed with the final recipients of these sums the way in which they will receive what corresponds to them, the user being considered released from the payment to which he was obliged at the time he delivered the sums to the AR and these are processed by PAGO46. The provision of the PAGO46 system by the company is referred to in the following as the “Services“.

The conditions under which the Services will be provided, as well as the conditions of use of PAGO46 are set out here. The acceptance of these Terms and Conditions constitutes an essential and necessary requirement for the legitimate use of PAGO46 by Users.

III. AUTHORIZATION TO USE PAGO46 

By accepting these terms and conditions, the company grants permission for the download and use of PAGO46, which shall at all times be non-exclusive, commercial, non-sublicensable, individual and personal and non-transferable, restricted territorially to the territory and temporarily to the validity of these terms and conditions, being essentially revocable by the company at its sole discretion and without giving rise to any right to compensation.

IV. GENERAL TERMS AND CONDITIONS OF USE

i) ACCESS AND ACCESSIBILITY

PAGO46 may be used with any device, including computer equipment, mobile equipment, phones, smartphones, and tablets, as well as any other electronic device by which PAGO46 may be accessed and/or used that has android 4.4 or later (the “Devices“).

At the same time, it requires a stable and permanent connection to the Internet, either through a direct connection to an enabled Internet network or due access to an enabled telephone data network and a sufficient data usage plan, none of its functions being available in offline mode.

The User understands that the Company does not act in any way as an Internet access provider, so the connection is at the User’s charge and exclusive responsibility, cost and risk.

ii) USE AND PAYMENTS

PAGO46 allows users to request a connection to an assistant collector to deliver to this amount of cash. The assistant collectors act as independent providers of cash collection services, collecting the money according to the value reported by the system. 

The collection assistants will receive from the user a sum as compensation for their cash collection service which will be a percentage of the value of the transaction.

PAGO46 requires the user and the assistant collectors to register by including certain information (an email, their current location, etc.) that the system uses to connect them.

PAGO46 is not a supplier of goods, products or services to the companies that are the final recipients of the transactions.

PAGO46 is a digital intermediary service and does not constitute a marketplace. It does not constitute a tool of a banking nature or a bank transfer assistant.

iii) USER ACCOUNT

To use PAGO46 you will need to provide certain information. The user is solely responsible for incorporating truthful information, otherwise their account may be canceled.

The account password will be unique, personal and non-transferable, and the user will be responsible for its security, in accordance with these terms and conditions.

V. RESTRICTIONS ON PERSONAL USE

The use of PAGO46 will at all times require compliance with the following general conditions:

a) The company, by virtue of the license it holds, provides the services in the territory for all legal purposes, without prejudice to the domicile of the user or the collection assistants or the place where PAGO46 is used.

b) The use of PAGO46 as a user is restricted to (i) natural persons, over 18 years of age and legally capable, in accordance with the legislation in force in the territory and regardless of their nationality or country of origin; as well as (ii) legal persons with domicile in the territory.

c) The User is obliged to make legitimate use of PAGO46, which includes but is not limited to

i) Not to use it for illegal purposes or purposes other than those indicated in these terms and conditions, and to refrain from making use of PAGO46 in any way that could be considered illegal.

ii) To provide truthful information in all that is requested by the company directly or through PAGO46, being at all times exclusively responsible for the falsity and/or lack of integrity of such information.

iii) Refrain at all times from incorporating into PAGO46, in any way, information or content contrary to the law, such as content owned by third parties, offensive, sexually explicit, criminal or of a similar nature.

iv) To duly comply with the corresponding processes for the due use of PAGO46.

v) Refrain from causing damage, in any way, to PAGO46.

vi) Refrain from accessing or attempting to access, or using and/or manipulating data and information of other third parties, of PAGO46 or of the company.

vii) Refrain from reverse engineering, modification or access to all or part of the source code of PAGO46.

viii) Refrain from accessing these terms and conditions and altering and/or modifying them in any way or to any extent without the express authorization of the company.

d) The company may, at any time, refuse – temporarily or permanently – access to PAGO46 and/or the provision of one or more of the services if a breach of one or more of the obligations set out in these terms and conditions is verified.

e) It may, in addition, and in response to a state of sustained inactivity of a User’s account, terminate the account by cancelling it, subject to prior written notice in accordance with these terms and conditions.

VI. INTELLECTUAL PROPERTY 

The user understands that PAGO46 is a system that combines technologies that are integrated to digital platforms and processes, to a graphic interface and use for diverse media, all together constituting an intellectual and industrial work, composed of a combination of industrial procedures, elements of computer code, pieces of graphic design and user interface, solutions and systems, processes and procedures, all of these invented, designed, written, planned, created and implemented by 46Degrees Technologies Inc. and licensed exclusively for the territory to the Company, in accordance with the regulations included in the intellectual, industrial and brand property laws; therefore PAGO46 and its respective trademarks are the exclusive domain and ownership of 46Degrees Technologies Inc.

In no case shall the use of PAGO46 constitute or be deemed to constitute a transfer of one or more of the above rights, or of any other rights above or beyond those indicated. The use or exploitation of these elements or of the rights over them, without express and prior authorization from the company, will give the company the right to pursue any and all civil, criminal or other actions that may be brought against the user.

VII. LIMITATION OF LIABILITY

i) General restrictions

The Company does not guarantee or insure the User at any time:

a) The continued availability of PAGO46 or its support, thus being able to terminate or close it at any time, and for any cause it freely determines.

b) The legitimacy, truthfulness, continuity or effectiveness of any information or content which was provided or delivered by third parties outside the company, such as other users, collection assistants or third parties related to and in any way integrated with PAGO46.

c) The absence of viruses or other harmful elements in the application or website, and which have been introduced to it by third parties outside the company, which may produce damage or harm, alterations or others of a similar nature, in the devices or in the electronic documents and files stored in their systems, or other similar ones.

d) The functionality of PAGO46 with products and services other than those of third parties commercially related to the company, or of the application in devices and operating systems other than those established in these terms and conditions.

e) The quality, truthfulness or effectiveness of any product or service offered by third parties, such third parties being solely and exclusively responsible for the quantity and quality of their products and services.

ii) Responsibility for the information

The user is and always will be the first and only person responsible for any and all pieces of information entered into PAGO46. The company is not responsible for the lack of accuracy of such information, nor for the damages caused by its loss by the user.

Neither shall the company be liable for the illegality of all or part of such information, nor for any damage caused by it to third parties, the user thus being solely responsible for any and all legal actions (whether civil, criminal or of any other nature) that may arise as a result of such information. The user must defend or have defended the company, at his own expense, against all kinds of claims, complaints, demands, lawsuits or other similar actions that could be filed or presented against the company because of the above. The decision by the company to assume its own judicial or legal defense shall not constitute a waiver of the rights established herein, and the user shall be equally responsible for compensating the company for the total costs, expenses and damages incurred and/or suffered on the occasion of such defense.

In particular, data or personal registration information that is entered by the user on his own account will be treated, at all times, as personal information of the user. Such information will be safeguarded and access to it will be restricted exclusively to the user himself, the company and/or the competent authorities in the context of any appropriate legal or administrative proceedings. This information will be stored, transmitted and processed in accordance with PAGO46 registration and functionality requirements, and in accordance with the legal limits laid down in the laws in force on the protection of personal data.

Without prejudice to the above, the user explicitly authorizes the company, by virtue of its acceptance of the terms and conditions, to store any information provided by him/her in databases owned and/or owned by the company or provided to it by third parties for this purpose; and to use and compile such information for the better provision of the service provided by PAGO46, thus allowing the company to share this information, always in a form restricted to the minimum of useful and necessary information, and always under a “need to know” model with third parties related on a commercial level for the use of PAGO46.

The data and information already referred to may be destroyed by the company, beyond any recovery, reading and/or use, due to sustained inactivity, for a period exceeding 12 months.

VIII. CHANGE IN TERMS

The company may, at any time, and for any reason or cause, including its sole discretion, make modifications of any kind to PAGO46 and/or these terms and conditions.

The user authorizes the company to send him/her information, notification or notice, regarding any changes or modifications that occur to PAGO46 and/or these terms and conditions.

The use of PAGO46 after being informed of each change or modification will imply the acceptance of such changes or modifications for all legal purposes, without prejudice to the express acceptance required in due course by the system itself, in accordance with its natural functions.

Any matter related to personal information, reports of errors or problems with the system, or others, as well as any other security violation or problem with PAGO46, may be reported to the company by the means stated in the system itself as duly authorized for this purpose. Notice of errors or problems with PAGO46 so reported shall not create any legal obligation on the company.

IX. TRANSFER OF RIGHTS

The company shall at all times have the right to transfer to third parties, for any reason, PAGO46, including the associated data and information on the users and collection assistants that is necessary for its proper functionality, after notifying them in accordance with these terms and conditions.

The use of PAGO46 once such assignment has been informed and occurred shall imply the acceptance of the terms and conditions with respect to whoever holds title and ownership over PAGO46. The foregoing is without prejudice to any express acceptance that may be required from time to time.

The user may not assign their own rights and obligations assumed under these terms and conditions without the prior express consent of the company.

X. APPLICABLE LAW, ENFORCEABILITY AND EXERCISE OF RIGHTS

These terms and conditions and any interaction, relationship, communication, conflict or dispute that may arise between you and the company or its related companies shall be governed by the laws of the territory and shall be resolved in the ordinary courts of business sitting in Delaware, United States of America, waiving any other jurisdiction or venue that may apply.

The invalidity of one or more provisions of these terms and conditions shall be effective only to the extent that it is duly declared by a court of law, and shall not in any way render the other provisions invalid in their entirety, surviving all conditions and provisions which are not declared invalid.

The failure of the company to exercise a right will always be considered an act of mere liberality, and will not make it understood or presumed that it has been waived, in any way, shape or form.

XI. NOTICES AND ALERTS

Any notification or notice referred to in these terms and conditions by the company to users and collection assistants shall be made to the e-mail address associated with your account and in the same application, serving as valid and sufficient notification and notice of the respective effects, so that it shall be understood that you are notified and aware of the content of such notification or notice by the mere fact of its submission, and as of the date of the same.

Please read the following terms and conditions of use (the “Terms and Conditions”) carefully before downloading and/or using PAGO46, system operated in the Republic of Argentina (the “Territory”) by Pago 46 SAS (the “Company”) under the exclusive license agreement with 46Degrees Technologies Inc.

These Terms and Conditions govern everyone’s use of PAGO46 and any services owned or controlled by 46 Degrees Technologies Inc. or its affiliates, subsidiaries or related companies. This document contains legal information that we encourage you to read in full.

For all legal purposes these Terms and Conditions constitute sufficient and complete information regarding the mode of use of PAGO46. By accepting these Terms and Conditions, it is understood that you, in your capacity as an assistant collector (the “AR”) have read and accepted them, in all their parts, and understand that they are legally binding and obligatory for you. Acceptance of the terms and conditions of use and exploitation of the application, website and services and of all information available from PAGO46, including its underlying computer and computer code, its graphic or user interface elements, programming modules, operation manuals, trademarks, and others of a similar nature, shall also be deemed to be given tacitly by the use of PAGO46.

If you do not agree with these Terms and Conditions, you may not use PAGO46.

I. ABOUT PAGO46

PAGO46 is a comprehensive system for processing, through web platforms and/or mobile applications, cash transactions and delivery operations or by any other means made available by PAGO46 in the future (the “Transactions“). The cash sums are collected by the ARs in their capacity as independent third parties which they lend to PAGO46 users (the “Users”), either as a fixed point (in which case the user must approach the AR) or mobile (in which case the AR approaches where the user is located), and which are linked to them through PAGO46. The company, by means of independent commercial agreements, has agreed with the final recipients of these sums the way in which they will receive what corresponds to them, the user being considered released from the payment to which he was obliged at the time he delivered the sums to the AR and these are processed by PAGO46. The provision of the PAGO46 system by the company is referred to hereinafter as the “Services“.

The conditions under which the services will be provided, as well as the conditions of use of PAGO46, are set out here. The acceptance of these terms and conditions constitutes an essential and necessary requirement for the legitimate use of PAGO46 by ARs.

III. AUTHORIZATION TO USE PAGO46 

By accepting these terms and conditions, the company grants permission for the download and use of PAGO46, which shall at all times be non-exclusive, commercial, not sub-licensable, individual and personal and non-transferable, restricted territorially to the Territory and temporarily to the validity of these terms and conditions, being essentially revocable by the company at its sole discretion and without giving rise to any right to compensation.

IV. GENERAL TERMS AND CONDITIONS OF USE

i) ACCESS AND ACCESSIBILITY

PAGO46 may be used with any device, including computer equipment, mobile equipment, phones, smartphones, and tablets, as well as any other electronic device by which PAGO46 may be accessed and/or used that has android 4.4 or later (the “Devices“).

It also requires a stable and permanent internet connection, either through a direct connection to an enabled internet network or through access to an enabled telephone data network and a sufficient data usage plan, none of its functions being available in offline mode.

The AR agrees that the company does not act in any way as an internet access provider and that the connection is at the AR’s sole responsibility, cost and risk.

ii) USE AND PAYMENTS

PAGO46 allows users to request the connection to an AR to deliver to this sum of cash. ARs act as independent providers of cash collection services, receiving them according to the value reported by the system itself. 

The AR will receive from the user a sum of money as compensation for his cash collection service, which will be a percentage of the value of the transaction.

PAGO46 requires the User and the AR to register by including certain information (an email, their current location, etc.) that the system uses to connect them.

PAGO46 is not a supplier of goods, products or services to the companies that are the final recipients of the transactions.

PAGO46 is a digital intermediary service and does not constitute a marketplace. It does not constitute a tool of a banking nature or a bank transfer assistant.

PAGO46 makes available to the AR the necessary functionality to enable it to make money deposits in Company accounts which are necessary to be able to use PAGO46 with favorable fund balances against which to instruct cash transactions of users after the collection has been made.

The AR shall pay the company a percentage of each transaction it makes through PAGO46 for the services, which shall be communicated through the means provided in these terms and conditions. Such amount shall be withheld from the amounts that the AR deposits with the company as mentioned in the previous paragraph.

iii) USER ACCOUNT

To use PAGO46 you will need to provide certain information. The AR is solely responsible for incorporating accurate information, otherwise your account may be terminated.

The account password shall be unique, personal and non-transferable, and the AR shall be responsible for its security, in accordance with these terms and conditions.

V. RESTRICTIONS TO PERSONAL USE

The use of PAGO46 will at all times require compliance with the following general conditions:

a) The company, by virtue of the license it holds, provides the services in the territory for all legal purposes, without prejudice to the domicile of the User or the AR or the place where PAGO46 is used.

b) The use of PAGO46 as a AR is restricted to: (i) natural persons, over 18 years of age and legally capable, in accordance with the legislation in force in the territory and regardless of their nationality or country of origin; as well as (ii) legal persons with domicile in the territory.

(c) The AR is obliged to make legitimate use of PAGO46 , which includes but is not limited to

i) Not to use it for illegal purposes or purposes other than those indicated in these terms and conditions, and to refrain from making use of PAGO46 in any way that could be considered illegal.

ii) To provide truthful information in all that is requested by the company directly or through PAGO46, being at all times exclusively responsible for the falsity and/or lack of integrity of such information.

iii) Refrain at all times from incorporating into PAGO46, in any way, information or content contrary to the law, such as content owned by third parties, offensive, sexually explicit, criminal or of a similar nature.

iv) To duly comply with the corresponding processes for the due use of PAGO46.

v) Refrain from causing damage, in any way, to PAGO46.

vi) Refrain from accessing or attempting to access, or using and/or manipulating data and information of other third parties, of PAGO46 or of the company.

vii) Refrain from reverse engineering, modification, or access to all or part of the PAGO46 source code.

viii) Refrain from accessing these terms and conditions and altering and/or modifying them in any way or to any extent without the express authorization of the company.

d) The company may, at any time, refuse – temporarily or permanently – access to PAGO46 and/or the provision of one or more of the services in the event of a breach of one or more of the obligations set out in these terms and conditions.

e) It may, in addition, and in response to a state of sustained inactivity of an RA’s account, terminate the account by cancelling it, subject to prior written notice in accordance with these terms and conditions.

VI. NON-EXISTENCE OF AN EMPLOYMENT RELATIONSHIP 

ARs are independent service providers and there is no employment relationship or subordination and dependence on the company. Therefore, they are not obliged to follow schedules, nor will they receive orders or instructions from the company.

As ARs are independent service providers, they shall comply with their tax and social security obligations, without the company having any kind of interference with such obligations.

VII. INTELLECTUAL PROPERTY

The AR understands that PAGO46 is a system that combines technologies that are integrated to digital platforms and processes, to a graphical interface and to use for diverse media, all together constituting an intellectual and industrial work, composed of a combination of industrial procedures, elements of computer code, pieces of graphical design and of interface of use, solutions and systems, processes and procedures, all these invented, designed, written, planned, created and implemented by 46Degrees Technologies Inc. and licensed exclusively for the territory to the company, in accordance with the regulations included in the intellectual, industrial and brand property laws; therefore PAGO46 and its respective trademarks are the exclusive domain and ownership of 46Degrees Technologies Inc.

In no event shall the use of PAGO46 constitute or be deemed to constitute a transfer of one or more of the above rights, or any other rights above or beyond those indicated. The use or exploitation of these elements or of the rights over them, without express and prior authorization from the company, will give the company the right to pursue any and all civil, criminal and other actions that in law correspond against the AR.

VIII. LIMITATION OF LIABILITY

i) General limitations

La Empresa no garantiza ni asegura al AR en ningún momento:

a) The continued availability of PAGO46 or its support, thus being able to terminate or close it at any time, and for any cause freely determined.

b) The legitimacy, truthfulness, continuity or effectiveness of any information or content which was contributed or delivered by third parties outside the company, such as other users, AR or third parties related to and in any way integrated with PAGO46.

c) The absence of viruses or other harmful elements in the application or website, and which have been introduced to it by third parties unconnected to the company, which may produce damage or harm, alterations or others of a similar nature, in the devices or in the electronic documents and files stored in their systems, or other similar ones.

d) The functionality of PAGO46 with products and services other than those of third parties commercially related to the company, or of the application in devices and operating systems other than those set out in these terms and conditions.

e) The quality, truthfulness or effectiveness of any product or service offered by third parties, such third parties being solely and exclusively responsible for the quantity and quality of their products and services.

ii) Responsibility for information

The AR is and always will be the first and only person responsible for any and all pieces of information entered into PAGO46. The company is not responsible for the lack of veracity of said information, nor for the damages caused by its loss by the AR.

Neither shall the company be liable for the illegality of all or part of such information, nor for the damage caused by it to third parties, the AR being thus solely liable for any and all legal actions (whether civil, criminal or of any other nature) that may arise as a consequence of such information. The AR shall defend or cause to be defended the company, at its exclusive cost, against all kinds of claims, complaints, demands, grievances or other similar actions that may be filed or brought against the company on account of the above. The decision by the company to assume its own judicial or legal defense shall not constitute a waiver of the rights set forth herein, and the AR shall also be responsible for compensating the company for the total costs, expenses and damages incurred and/or suffered on the occasion of such defense.

In particular, data or personal registration information that is entered by the AR on his own account will be treated, at all times, as personal information of the AR. Such information will be safeguarded and access to it will be restricted exclusively to the AR himself, to the company and/or to the competent authorities in the context of any relevant legal or administrative proceedings. This information shall be stored, transmitted and processed in accordance with PAGO46 registration and functionality requirements, and in accordance with the legal limits set out in the laws in force on personal data protection.

Without prejudice to the above, the AR expressly authorizes the company, by virtue of its acceptance of the terms and conditions, to store all information provided by it in databases owned and/or owned by the company or obtained from it by third parties for this purpose; and to use and compile such information for the better provision of the service provided by PAGO46, and the company may share this information, always in a restricted manner to the minimum useful and necessary information, and always under a “need to know” model with third parties related on a commercial level for the use of PAGO46.

The data and information already referred to may be destroyed by the company, beyond any recovery, reading and/or use, due to sustained inactivity, for a period exceeding 12 months.

IX. CHANGE IN TERMS

The company may, at any time, and for any reason or cause, including its sole discretion, make modifications of any kind to PAGO46 and/or these Terms and Conditions.

The AR authorizes the company to send you information, notification or notice, regarding any changes or modifications that occur to PAGO46 and/or these terms and conditions.

The use of PAGO46 after being informed of each change or modification shall imply the acceptance of the same for all legal purposes, without prejudice to the express acceptance that may be required in due course by the system itself, in accordance with its natural functions.

Any matter related to personal information, reports of errors or problems with the system, or others, as well as any other security violation or problem with PAGO46, may be reported to the company by the means stated in the system itself as duly authorized for this purpose. Notice of errors or problems with PAGO46 so reported shall not create any legal obligation on the company.

X. TRANSFER OF RIGHTS

The company shall at all times have the right to transfer to third parties, for any reason, PAGO46, including the associated data and information on the users and AR that is necessary for its proper functionality, after notifying them in accordance with these terms and conditions.

The use of PAGO46 once such assignment has been informed and occurred shall imply the acceptance of the terms and conditions with respect to whoever holds title and ownership over PAGO46. The foregoing is without prejudice to any express acceptance that may be required from time to time.

The AR may not assign his own rights and obligations assumed on the basis of these terms and conditions without the prior express consent of the company.

XI. APPLICABLE LAW, ENFORCEABILITY AND EXERCISE OF RIGHTS

These terms and conditions and any interaction, relationship, communication, conflict or dispute that may arise between the AR and the company or its related companies shall be governed by the laws of the territory and shall be resolved in the ordinary courts of business sitting in Delaware, United States of America, waiving any other jurisdiction or venue that may apply.

The invalidity of one or more provisions of these terms and conditions shall be effective only to the extent that it is duly declared by a court of law, and shall not in any way render the other provisions invalid in their entirety, surviving all conditions and provisions which are not declared invalid.

The failure of the company to exercise a right shall always be considered an act of mere liberality, and shall not make it understood or presumed that the right has been waived in any way, shape or form.

XII. NOTICES AND ALERTS

Any notification or notice referred to in these terms and conditions by the company to users and AR shall be made to the e-mail address associated with your account and in the same application, serving as valid and sufficient notification and notice of the respective effects, so that it shall be understood that you are notified and aware of the content of such notification or notice by the mere fact of its submission, and as of the date of the same.