Terms and conditions
Please read these Terms and Conditions (“the Terms”) carefully before using the Service owned by S2P S.A.C. (the “Service”, “Services”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users who access or use the S2P S.A.C. Service.
By using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms you should not use the Service and, particularly, initiate and effect payment by the use of the Service.
By using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms you should not use the Service and, particularly, initiate and effect payment by the use of the Service.
1. The Service
1.1. S2P S.A.C., the company incorporated and operating under the applicable law of Peru, identification number 14903127 (“the Service Provider”) shall provide the following Services to the individuals (“the Customers”): the services of digital payment platform, including E-Wallet, payment acceptance, payment processing, payment agent services.
1.2. Payments hereunder shall be made either to deposit amount to E-wallet, or for the benefit of Peruvian or foreign merchants (the “Merchants”) who offer their goods and services via online-stores or other means enabled to use the Service for payment (the “Payment”).
2. The use of Service and the Customer’s undertakings
2.1. The Customer shall comply with these Terms.
2.2. The right to use the Service or benefiting from it is limited to the Customer only and no one else, the Customer is committed at all times to refrain from allowing any other person to use the Service on the Customer’s behalf and/or to benefit from it.
2.3. If applicable, the Customer shall provide acceptable identification and authorization details when initiating and effecting Payments and shall take all reasonable measures to keep these authorization details secret and not to disclose them to any third parties. The Customer shall assume full responsibility for the security of the authorization details and for all the risks related to their loss, theft and/or compromise.
2.4. The Customer shall not make Payments on the other Customers’ behalf.
2.5. The Customer shall immediately notify the Service Provider via contacting the Customer support when discovering the Payment effected without permission of the Customer, unauthorized access to the personal information, or loss of the authorization details.
2.6. The Customer shall undertake full responsibility for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Service Provider, any other customer, or a third party caused by or arising out of Customer’s breach of this Terms, and/or your use of the Services.
2.7. The Customer shall not provide false, inaccurate or misleading information; violate any applicable law, statute, ordinance, or regulation; engage in potentially fraudulent or suspicious activity and/or transactions; send or receive what Service Provider reasonably believes to be potentially fraudulent funds; attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Service Provider and the Merchant, bank or card issuer for the same Payment; use the Service in a manner that Service Provider, Visa, MasterCard or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules; take any action that may cause Service Provider to lose any of the services from acquiring banks, payment processors, or other suppliers or service providers.
2.8. The Customer shall not use the Services to effect the Payments aimed at obtaining illegal profit or tax evasion.
3. Service Provider’s Rights
3.1. If Service Provider believes that the Customer has engaged in any of restricted activities (clauses 2.7, 2.8.), it may take a number of actions to protect Service Provider, its customers and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following:
3.1.1. Terminate this Terms, suspend the Services immediately and without penalty to Service Provider;
3.1.2. Refuse to provide Services to Customer in the future;
3.1.3. Limit Customer’s access to websites, software, systems (including any networks and servers used to provide any of the Services) operated by Service Provider or on its behalf, including restricting Customer’s ability to send payments or make withdrawals;
3.1.4. Hold the amount of payments made by the Customer if reasonably needed to protect against the risk of liability to Service Provider or a third party, or if the Customer has violated the Terms. The hold may remain in place longer than 180 days according to court orders, regulatory requirements or other legal processes;
3.1.5. Contact Merchants who have sold goods or services to Customer, bank or credit card issuer, other impacted third parties or law enforcement about Customer’s actions;
3.1.6. Take legal action against the Customer;
3.1.7. Hold, apply or transfer the amounts of Payments made by Customer as required by judgments and orders which affect Customer, including judgments and orders issued by courts in Peru or elsewhere and directed to Service Provider or its affiliates.
3.2. Service Provider, in its sole discretion, reserves the right to suspend or terminate this Terms, Customer’s access to or use of its websites, software, systems (including any networks and servers used to provide Services) operated by Service Provider or on its behalf for any reason and at any time upon notice to Customer.
4. Fees
4.1. Subject to the provisions of the agreements made by and between Service Provider and Merchants, Service Provider shall not charge the Customer for the Service provided. However, fees and commissions may be deducted from the amount of Payment by other entities involved in Payment processing (acquiring banks, financial institutions, payment networks etc).
4.2. The information about any fees and commissions for the Service provided or related to it, shall be displayed on the payment interface in the course of using the Service, just before the payment is effected by Customer.
4.3. The Customer acknowledges and accepts the fees and commissions applicable to the Service and declared on the payment interface.
5. No warranty
5.1. The Services are provided "as-is" and without any representation or warranty, whether express, implied or statutory. Service Provider specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
5.2. Service Provider does not have any control over the products or services provided by Merchants who accept the Services as a payment method, and Service Provider cannot ensure that a Merchant that the Customer is dealing with will actually complete the transaction or is authorized to do so. Service Provider does not guarantee continuous, uninterrupted or secure access to any part of the Services, and operation of websites, software, or systems operated by Service Provider or on its behalf (including any networks and servers used to provide any of the Services) may be interfered with by numerous factors outside of Service Provider’s control. Service Provider will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and cheque issuances are processed in a timely manner but Service Provider makes no representations or warranties regarding the amount of time needed to complete processing because the Services are dependent upon many factors outside of our control, such as delays in the banking system or mail service. This paragraph gives the Customer specific legal rights and the Customer may also have other legal rights that vary from country/region to country/region.
6. Indemnification
6.1. The Customer agrees to defend, indemnify and hold Service Provider harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of these Terms, Customer’s improper use of the Services, Customer’s violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom Customer grants permissions to use websites, software, systems (including any networks and servers used to provide any of the Services) operated by Service Provider or on its behalf, or any of the Services on Customer’s behalf.
7. Limitation of liability
7.1. In no event shall Service Provider be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the Services) operated by by Service Provider or on its behalf, any of the Services, or this Terms (however arising, including negligence), unless and to the extent prohibited by law.
7.2. Liability of Service Provider to the Customer or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, Service Provider is not liable, and the Customer agrees not to hold Service Provider responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) Customer’s use of, or Customer’s inability to use, websites, software, systems operated by Service Provider or on its behalf (including any networks and servers used to provide any of the Services) or any of the Services; (2) delays or disruptions in websites, software, systems operated by Service Provider or on its behalf (including any networks and servers used to provide any of the Services), and any of the Services; (3) viruses or other malicious software obtained by accessing our websites, software, systems operated by by Service Provider or on its behalf (including any networks and servers used to provide any of the Services), any of the Services, or any website or service linked to Service Provider’s websites; (4) glitches, bugs, errors, or inaccuracies of any kind in Service Provider’s websites, software, systems operated by Service Provider or on its behalf (including any networks and servers used to provide any of the Services), any of the Services, or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; or (6) Customer’s need to modify its practices, content, or behavior, as a result of changes to these Terms.
7.3. Service Provider provides only those Services as set out in Section 1 hereto. Service Provider does not:
7.3.1. Act as a bank or provide banking services;
7.3.2. Act as an escrow agent with respect to any funds received as Payments;
7.3.3. Act as the Customer’s agent or trustee;
7.3.4. Enter into a partnership, joint venture, agency or employment relationship with the Customer;
7.3.5. Have control of, nor liability for, the products, goods or services that are paid for with the use of the Services;
7.3.6. Guarantee the identity of Merchant;
7.3.7. Ensure that a Merchant will complete a transaction;
7.3.8. Determine if the Customer is liable for any taxes; or
7.3.9. Unless otherwise expressly set out in these Terms, collect or pay any taxes that may arise from Customer’s use of the Services.
8. Communication between the Service Provider and the Customer
8.1. The Service Provider shall use the contact details provided by the Customer when using the Services as means of communication with the Customer.
8.2. The Customer may contact the Service Provider at any time by the email sebastian@bigidea-network.com.
8.3. The Service Provider may inform the Customer on the changes in the Services provided by posting the updates on its website.
9. Dispute resolution
9.1. All the disputes between the Parties arising from these Terms shall be settled through negotiations. The basis for negotiations shall be either Party’s submitting a written complaint to the other Party.
9.2. Complaints relating to the goods and services that has been paid for with the use of the Services, shall be redirected by Service Provider to the relevant Merchant.
9.3. Complaints relating to the issues which other members of Payment acceptance and processing are responsible for, shall be redirected by Service Provider to the relevant body or organization.
9.4. In case a dispute cannot be resolved by negotiations, either Party may apply to a court. The courts of the Republic of Peru shall have the jurisdiction to settle any dispute arising out of or in connection with these Terms.
10. Amendments
10.1. Service Provider reserves the right, at its sole discretion, to modify or replace these Terms at any time. Service will post these changes on its website. This shall be Customer’s sole responsibility to periodically check the Terms for any changes. By continuing to access or use the Services after those changes have been made, Customer agrees to be bound by the revised Terms. If the Customer does not agree to the new Terms, the Customer shall stop using the Service immediately.
11. Intellectual Property
11.1. The Customer may not reproduce, distribute, modify, or show in public any of the content on websites, software, systems operated by Service Provider or on its behalf (including any networks and servers used to provide any of the Services), including files downloadable from them, without the written permission of the Service Provider.
11.2. All logos and trademarks related to the Services are either trademarks or registered trademarks of Service Provider or of Service Provider's licensors. Customer may not copy, imitate, modify or use them without of Service Provider's prior written consent.
12. Force Majeure
12.1. The Parties shall not be responsible for any delays in the performance or non-performance of the obligations, any expenses, including losses, and costs related to complaints by any third parties that may result from any acts of God, acts of civil or military authorities, civil disturbances, strikes or other labour disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions of a third party, infiltration or disruption of the services by a third party by any means, including without limitation, DDoS attacks, software viruses, Trojan horses, worms, time bombs or any other software program or technology designed to disrupt or delay the Services (each a “Force Majeure Event”). The Party experiencing the impact of any Force Majeure Event shall notify the other Party within 10 days after the commencement of such Force Majeure Event.
12.2. The provisions of paragraph 12.1. shall not limit or terminate the Customer’s obligations pertaining to making the returning Payments, as well as payment of any fines, penalties, fees, commissions, returning any goods, or (not) performing any works or services after the Force Majeure is over.
13. Miscellaneous
13.1. These Terms and Conditions and the relations between the Service Provider and the Customer arising from them are governed by the laws of the Republic of Peru.
13.2. The Customer shall not transfer any rights or obligations under these Terms to any third party without the prior written consent given by the Service Provider.
13.3. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
13.4. The Customer acknowledges and confirms that all the provisions of the Terms are clear, and that the Customer agrees with them, accepts them unconditionally and shall comply with the provisions and requirements herein.
1.1. S2P S.A.C., the company incorporated and operating under the applicable law of Peru, identification number 14903127 (“the Service Provider”) shall provide the following Services to the individuals (“the Customers”): the services of digital payment platform, including E-Wallet, payment acceptance, payment processing, payment agent services.
1.2. Payments hereunder shall be made either to deposit amount to E-wallet, or for the benefit of Peruvian or foreign merchants (the “Merchants”) who offer their goods and services via online-stores or other means enabled to use the Service for payment (the “Payment”).
2. The use of Service and the Customer’s undertakings
2.1. The Customer shall comply with these Terms.
2.2. The right to use the Service or benefiting from it is limited to the Customer only and no one else, the Customer is committed at all times to refrain from allowing any other person to use the Service on the Customer’s behalf and/or to benefit from it.
2.3. If applicable, the Customer shall provide acceptable identification and authorization details when initiating and effecting Payments and shall take all reasonable measures to keep these authorization details secret and not to disclose them to any third parties. The Customer shall assume full responsibility for the security of the authorization details and for all the risks related to their loss, theft and/or compromise.
2.4. The Customer shall not make Payments on the other Customers’ behalf.
2.5. The Customer shall immediately notify the Service Provider via contacting the Customer support when discovering the Payment effected without permission of the Customer, unauthorized access to the personal information, or loss of the authorization details.
2.6. The Customer shall undertake full responsibility for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Service Provider, any other customer, or a third party caused by or arising out of Customer’s breach of this Terms, and/or your use of the Services.
2.7. The Customer shall not provide false, inaccurate or misleading information; violate any applicable law, statute, ordinance, or regulation; engage in potentially fraudulent or suspicious activity and/or transactions; send or receive what Service Provider reasonably believes to be potentially fraudulent funds; attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Service Provider and the Merchant, bank or card issuer for the same Payment; use the Service in a manner that Service Provider, Visa, MasterCard or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules; take any action that may cause Service Provider to lose any of the services from acquiring banks, payment processors, or other suppliers or service providers.
2.8. The Customer shall not use the Services to effect the Payments aimed at obtaining illegal profit or tax evasion.
3. Service Provider’s Rights
3.1. If Service Provider believes that the Customer has engaged in any of restricted activities (clauses 2.7, 2.8.), it may take a number of actions to protect Service Provider, its customers and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following:
3.1.1. Terminate this Terms, suspend the Services immediately and without penalty to Service Provider;
3.1.2. Refuse to provide Services to Customer in the future;
3.1.3. Limit Customer’s access to websites, software, systems (including any networks and servers used to provide any of the Services) operated by Service Provider or on its behalf, including restricting Customer’s ability to send payments or make withdrawals;
3.1.4. Hold the amount of payments made by the Customer if reasonably needed to protect against the risk of liability to Service Provider or a third party, or if the Customer has violated the Terms. The hold may remain in place longer than 180 days according to court orders, regulatory requirements or other legal processes;
3.1.5. Contact Merchants who have sold goods or services to Customer, bank or credit card issuer, other impacted third parties or law enforcement about Customer’s actions;
3.1.6. Take legal action against the Customer;
3.1.7. Hold, apply or transfer the amounts of Payments made by Customer as required by judgments and orders which affect Customer, including judgments and orders issued by courts in Peru or elsewhere and directed to Service Provider or its affiliates.
3.2. Service Provider, in its sole discretion, reserves the right to suspend or terminate this Terms, Customer’s access to or use of its websites, software, systems (including any networks and servers used to provide Services) operated by Service Provider or on its behalf for any reason and at any time upon notice to Customer.
4. Fees
4.1. Subject to the provisions of the agreements made by and between Service Provider and Merchants, Service Provider shall not charge the Customer for the Service provided. However, fees and commissions may be deducted from the amount of Payment by other entities involved in Payment processing (acquiring banks, financial institutions, payment networks etc).
4.2. The information about any fees and commissions for the Service provided or related to it, shall be displayed on the payment interface in the course of using the Service, just before the payment is effected by Customer.
4.3. The Customer acknowledges and accepts the fees and commissions applicable to the Service and declared on the payment interface.
5. No warranty
5.1. The Services are provided "as-is" and without any representation or warranty, whether express, implied or statutory. Service Provider specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
5.2. Service Provider does not have any control over the products or services provided by Merchants who accept the Services as a payment method, and Service Provider cannot ensure that a Merchant that the Customer is dealing with will actually complete the transaction or is authorized to do so. Service Provider does not guarantee continuous, uninterrupted or secure access to any part of the Services, and operation of websites, software, or systems operated by Service Provider or on its behalf (including any networks and servers used to provide any of the Services) may be interfered with by numerous factors outside of Service Provider’s control. Service Provider will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and cheque issuances are processed in a timely manner but Service Provider makes no representations or warranties regarding the amount of time needed to complete processing because the Services are dependent upon many factors outside of our control, such as delays in the banking system or mail service. This paragraph gives the Customer specific legal rights and the Customer may also have other legal rights that vary from country/region to country/region.
6. Indemnification
6.1. The Customer agrees to defend, indemnify and hold Service Provider harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of these Terms, Customer’s improper use of the Services, Customer’s violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom Customer grants permissions to use websites, software, systems (including any networks and servers used to provide any of the Services) operated by Service Provider or on its behalf, or any of the Services on Customer’s behalf.
7. Limitation of liability
7.1. In no event shall Service Provider be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the Services) operated by by Service Provider or on its behalf, any of the Services, or this Terms (however arising, including negligence), unless and to the extent prohibited by law.
7.2. Liability of Service Provider to the Customer or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, Service Provider is not liable, and the Customer agrees not to hold Service Provider responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) Customer’s use of, or Customer’s inability to use, websites, software, systems operated by Service Provider or on its behalf (including any networks and servers used to provide any of the Services) or any of the Services; (2) delays or disruptions in websites, software, systems operated by Service Provider or on its behalf (including any networks and servers used to provide any of the Services), and any of the Services; (3) viruses or other malicious software obtained by accessing our websites, software, systems operated by by Service Provider or on its behalf (including any networks and servers used to provide any of the Services), any of the Services, or any website or service linked to Service Provider’s websites; (4) glitches, bugs, errors, or inaccuracies of any kind in Service Provider’s websites, software, systems operated by Service Provider or on its behalf (including any networks and servers used to provide any of the Services), any of the Services, or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; or (6) Customer’s need to modify its practices, content, or behavior, as a result of changes to these Terms.
7.3. Service Provider provides only those Services as set out in Section 1 hereto. Service Provider does not:
7.3.1. Act as a bank or provide banking services;
7.3.2. Act as an escrow agent with respect to any funds received as Payments;
7.3.3. Act as the Customer’s agent or trustee;
7.3.4. Enter into a partnership, joint venture, agency or employment relationship with the Customer;
7.3.5. Have control of, nor liability for, the products, goods or services that are paid for with the use of the Services;
7.3.6. Guarantee the identity of Merchant;
7.3.7. Ensure that a Merchant will complete a transaction;
7.3.8. Determine if the Customer is liable for any taxes; or
7.3.9. Unless otherwise expressly set out in these Terms, collect or pay any taxes that may arise from Customer’s use of the Services.
8. Communication between the Service Provider and the Customer
8.1. The Service Provider shall use the contact details provided by the Customer when using the Services as means of communication with the Customer.
8.2. The Customer may contact the Service Provider at any time by the email sebastian@bigidea-network.com.
8.3. The Service Provider may inform the Customer on the changes in the Services provided by posting the updates on its website.
9. Dispute resolution
9.1. All the disputes between the Parties arising from these Terms shall be settled through negotiations. The basis for negotiations shall be either Party’s submitting a written complaint to the other Party.
9.2. Complaints relating to the goods and services that has been paid for with the use of the Services, shall be redirected by Service Provider to the relevant Merchant.
9.3. Complaints relating to the issues which other members of Payment acceptance and processing are responsible for, shall be redirected by Service Provider to the relevant body or organization.
9.4. In case a dispute cannot be resolved by negotiations, either Party may apply to a court. The courts of the Republic of Peru shall have the jurisdiction to settle any dispute arising out of or in connection with these Terms.
10. Amendments
10.1. Service Provider reserves the right, at its sole discretion, to modify or replace these Terms at any time. Service will post these changes on its website. This shall be Customer’s sole responsibility to periodically check the Terms for any changes. By continuing to access or use the Services after those changes have been made, Customer agrees to be bound by the revised Terms. If the Customer does not agree to the new Terms, the Customer shall stop using the Service immediately.
11. Intellectual Property
11.1. The Customer may not reproduce, distribute, modify, or show in public any of the content on websites, software, systems operated by Service Provider or on its behalf (including any networks and servers used to provide any of the Services), including files downloadable from them, without the written permission of the Service Provider.
11.2. All logos and trademarks related to the Services are either trademarks or registered trademarks of Service Provider or of Service Provider's licensors. Customer may not copy, imitate, modify or use them without of Service Provider's prior written consent.
12. Force Majeure
12.1. The Parties shall not be responsible for any delays in the performance or non-performance of the obligations, any expenses, including losses, and costs related to complaints by any third parties that may result from any acts of God, acts of civil or military authorities, civil disturbances, strikes or other labour disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions of a third party, infiltration or disruption of the services by a third party by any means, including without limitation, DDoS attacks, software viruses, Trojan horses, worms, time bombs or any other software program or technology designed to disrupt or delay the Services (each a “Force Majeure Event”). The Party experiencing the impact of any Force Majeure Event shall notify the other Party within 10 days after the commencement of such Force Majeure Event.
12.2. The provisions of paragraph 12.1. shall not limit or terminate the Customer’s obligations pertaining to making the returning Payments, as well as payment of any fines, penalties, fees, commissions, returning any goods, or (not) performing any works or services after the Force Majeure is over.
13. Miscellaneous
13.1. These Terms and Conditions and the relations between the Service Provider and the Customer arising from them are governed by the laws of the Republic of Peru.
13.2. The Customer shall not transfer any rights or obligations under these Terms to any third party without the prior written consent given by the Service Provider.
13.3. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
13.4. The Customer acknowledges and confirms that all the provisions of the Terms are clear, and that the Customer agrees with them, accepts them unconditionally and shall comply with the provisions and requirements herein.