WISPOK TERMS AND CONDITIONS OF SERVICE.
This information constitutes an agreement and the Terms and Conditions (“T&C”) between the users (“User or Users”) by which the use of the smart payment mobile application (hereinafter the “Application”) will be governed, the which is operated, managed and owned exclusively by Wisecap, S.A. of C.V. (“Wispok”). The simple fact of using the Application implies the acceptance and obligation to comply with these, by the User.
The User accepts and acknowledges that Wispok has the required certificates to provide the payment facilitator service and collection message sending services through Quick Response code (“QR Code”), Codi® digital collection functionality owned by the Bank from Mexico.
In the same way, the User acknowledges and accepts that the Application will only have functionality, by having a previously registered account at www.wispok.mx, (“Website”), forcing itself to provide the correct, complete and legal information and documentation. . In the event that you do not agree with the T&C, you must refrain from accessing or using the Application.
Consequently, the User authorizes Wispok, to carry out at any time, all the queries it deems necessary to comply with the legal provisions and/or validate its identity, including the request for information and/or documentation that is required at the time of User registration.
Use of the Application.
The User expressly acknowledges that the Application is a technological mechanism for personal use, through which he may instruct the Financial Institution (Multiple Banking Institution, Electronic Payment Funds Institution or Popular Financial Society, hereinafter “Financial Institution”) to your preference where you have an account open, to make payments for services, purchases at affiliated businesses and transfer of resources, through the Codi® digital collection functionality owned by Banco de México.
As a consequence of the foregoing, the User acknowledges that the use of the Application does not replace and/or modify the contractual relationship between the User and his Financial Institution, the User being solely and exclusively responsible for the fulfillment of each and every one of the obligations contractual with your Financial Institution. Having stated the foregoing, the user acknowledges that Wispok is not responsible for any situation that could affect their relationship and/or fulfillment of contractual obligations between their Financial Institution and the User.
The Application may carry out, with the instruction of the User:
Send payment requests through the transmission of data and information by approaching the mobile device;
Communicate the service of generation and sending of collection messages, as well as the return of payment initiated by the User through Codi® for more information see http://www.banxico.org.mx
Receive payment authorizations, payment rejections, returns and adjustments processed by the purchaser at the User’s instruction.
The User gives his consent so that the Application can access and save his geolocation at the time of carrying out any transaction, and is aware that in the event that the option for Wispok to access his geolocation is not enabled, the User will not be able to carry out any type of operation within the application. The User recognizes as geolocation the geographical coordinates of latitude and longitude in which the device where the Application is used is located, the foregoing in accordance with the applicable regulation.
Information security and surveillance of the use of the Application.
Wispok understands the importance of the security provided by the User, which is why it has implemented the following security measures:
Surveillance: The User accepts that Wispok or any third party designated by it may carry out an audit, in order to ensure the correct fulfillment of the User’s obligations.
Authentication factors: At the time of using the application, the User is obliged to use authentication factors such as using the electronic password required to operate the application, for which he must store, save, guard the password as confidential and prevent anyone outside the User from use it. Likewise, the User agrees that he will be responsible for all actions carried out through the password provided for such service, as well as the responsibility that he may incur as a result of its improper use.
The User acknowledges that, once the transaction has been carried out, the Application will notify them in real time by issuing an electronic receipt of the operation that was generated by the same collection message that will be sent to the User via email. The User must keep the digital proof of each of the transactions that will have the purpose of supporting each of the transactions executed by the User.
In the case of a chargeback and unrecognized charges, the User must inform their Financial Institution since Wispok has no responsibility or power to reverse any charge, that is, it is the User’s Financial Institution that must solve the problem succinctly.
Release of Liability.
The User acknowledges that Wispok will not be responsible for:
Errors attributable to the User due to incorrect capture of information at the time of performing any operation or in the registry;
Due to loss of confidentiality of access codes, passwords or sensitive information for reasons attributable to the User;
Due to fraudulent, duplicate, unauthorized or merely erroneous instructions, instructed by the User;
The User expressly acknowledges and declares to accept that when carrying out transactions with third parties they do so of their own free will, consequently, Wispok will not be responsible for any transaction instructed by the User.
The User acknowledges that he is solely and exclusively responsible for the payment obligations through the use of the Application, for which he must release and release Wispok in peace for any claim or legal process that any third party requires or presents against Wispok.
Prohibited Transactions and Suspension.
The User expressly acknowledges and accepts that they will be those that are related to payments linked in some way to businesses or business activities belonging to the prohibited transfers or are presumed illicit at the sole discretion of Wispok (hereinafter “Prohibited Transactions”). In the event that Wispok becomes aware that the User is carrying out prohibited transactions, Wispok will have sufficient power to temporarily suspend the service, in the event that the action carried out by the User is considered serious, Wispok may suspend the service indefinitely. service to the User without prior notice and without liability to Wispok.
Likewise, Wispok may suspend the provision of the application service in the event that transactions are identified that do not comply with the applicable regulations, do not correspond to the User’s line of business, damage is caused to the User or the transactions are considered to be of high risk or are associated with illicit activities in relation to the amount and frequency.
The User will be granted a period of [*] business days to express what is appropriate to their right through our Wispok website, in addition, in the event that the User does not remedy or correct the detected anomalies, Wispok will have the power to suspend the service indefinitely and, in that case, the User must be liable for any damage or harm caused to Wispok for that reason.
Wispok may block the use of the Application without liability in the following cases:
Cancellation of the User’s registration;
Failure to comply with the T&C or any other terms that the User must comply with and accept for the use of the Application;
Suspicion of illegal acts, contrary to law or Wispok policies;
That the User provides information that leads to deception, as well as any false, incomplete, inaccurate or misleading information.
Any other cause that, in Wispok’s opinion, puts the User, Wispok or the functionality of the Application at risk.
Treatment of Personal Data.
By registering, Users accept and acknowledge that all Personal Data provided by them at the time of registration in the Wispok Application or later, described in the T&C and on the Website, as well as any other that may subsequently be requested by Wispok will be treated in accordance with the Privacy Notice published on the Website, the Federal Law on Protection of Personal Data Held by Private Parties, its Regulations and the Guidelines of the Privacy Notice, with the understanding that when entering to the Application, the User acknowledges and accepts that he is aware of and knows the scope of the aforementioned Privacy Notice, so he cannot argue his ignorance.
The User accepts and acknowledges the ownership of the industrial property right and copyright of all studies, reports, graphics, files, databases, comparisons, tools and software programs of Wispok, therefore, understands the prohibition for yes and those third parties subcontracted by itself, to use the industrial property of Wispok without prior written authorization. This obligation is extended to all the companies that constitute the distribution network, franchises and subsidiaries of the User and the User is jointly liable for the fulfillment of these obligations and for the damages that Wispok may cause. .
The User agrees not to use devices, software, or any other means tending to interfere with the activities and/or operations of the Application or with the Content and/or Information contained in it. The User does not have the right to place or use the Content and/or Information in the Application or the Wispok site.
The User is prohibited from performing acts of reverse engineering, decompilation or disassembly of the Application software and any other property of Wispok. Customer will not modify, copy, reproduce, transfer to others, or distribute, transcribe, translate, or reduce to electronic or machine-readable form or language, or attempt to derive source code, or attempt to learn the structure or algorithms of the Software without the express consent of Wispok, you will also not disseminate or otherwise disclose the software to any third party.
Wispok will verify that the user does not make improper use of the trademarks, patents or distinctive signs of its property or licensed to Wispok, as well as any promotional that Wispok provides to the User in case the User fails to comply with the established must pay the damages caused to Wispok, or to any third party.
It is the User’s obligation to be aware of the updates of these T&C. however, the change, modification and/or update of the T&C will be notified to the user via email, it is worth mentioning that these will be found on the Wispok website located at www.wispok.mx, the foregoing in the understanding that the modifications they will be understood as accepted by the User by the mere fact that he continues to use the Application. Once they are published on the website, the effects of the modifications will come into force.
Any modification that we make to these T&C will apply to any website, mobile application and/or any other tool or technology of which Wispok is the Owner.
Jurisdiction. Dispute Resolution.
Any difference, conflict or controversy regarding these Terms and Conditions will be resolved through arbitration in accordance with the Arbitration Rules of the National Chamber of Commerce of Mexico City. The seat of the arbitration will be the city of Guadalajara, Jalisco, and the language will be Spanish. The applicable law will be the commercial regulation applicable in Mexico, and in what is applicable the legislation of the State of Jalisco.
Immediately after the arbitration begins, the parties will attempt a friendly solution of the dispute through mediation, which will take place in accordance with the Mediation Regulations of the National Chamber of Commerce of Mexico City. The appointing authority of the mediator will be the Mediation and Arbitration Commission of the National Chamber of Commerce of Mexico City. The mediator will be a different person from the arbitrator or arbitrators and may not be designated arbitrator in that procedure. If the parties reach an agreement, the arbitrators will collect it in the form of an arbitration award in the terms agreed by the parties.