QYON Platform Terms and Conditions of Use
By this instrument, the person identified and qualified in the Registration, who is an integral part of this Agreement (“USER”); and QYON TECNOLOGIA S.A., registered with the CNPJ/MF under nº 38.469.354/0001-52, with headquarters at Rua Carijós (Via Luiz De Queiroz Sp-304), nº 800, Quadra gleba C2A, Parque Novo Mundo, in the city of Americana, state of São Paulo, CEP: 13467-800 (“PARTNERS”); have agreed to this Terms and Conditions of Use of the Platform (“Agreement”), under the terms and conditions below.
Technology services related to payment solutions by electronic means, management and custody of resources and other financial services, are provided in partnership with FLAGSHIP INSTITUAÇÃO DE PAGAMENTOS LTDA., registered with the CNPJ/MF under nº 23.114.447/0001-97 , with headquarters at Rua Cardeal Arcoverde, 2365, Conjunto 12, Pinheiros, in the city of São Paulo, state of São Paulo (“Payment Institution”).
By electronically accepting this Agreement, by checking the “I have read and agree to the Terms and Conditions” dialog box, the USER will automatically be adhering to and agreeing to the terms and conditions of this Agreement and the Privacy Policy.
The use of the System or any Functionality will be interpreted as full acceptance of this Agreement. The Platform may also be used for Suppliers to offer products and services.
In this case, the PARTNER will act as a mere intermediary, providing technology to bring Suppliers and the USER closer together.
This Agreement may be periodically reviewed and changed, and the USER, if he does not agree with the modification, may terminate it without any charges or penalties.
1. Definitions
1.1. The words and expressions below, indicated in this Agreement by the first capital letter, will have the following definitions:
“Registration”: form filled out by the USER on the Platform, containing their personal data and other information necessary for accreditation to the System and creation of the Payment Account.
“Pre-Paid Card”: Plastic card that, if requested by the USER, may be used using resources previously contributed to the USER's Payment Account, for the acquisition of goods or services, in national territory, at establishments affiliated with the brand indicated in the respective Card, which will be issued in accordance with the Terms and Conditions of Use of the Card, which is an annex to this Term.
“Payment Account”: account held by the USER, intended for loading, transferring and redeeming resources, whose values, converted into electronic currency, will be managed and guarded by the Payment Institution.
“Agreement”: these Terms and Conditions of Use of the Platform, which is an electronic contract available at https://www.qyon.com/seguranca
“Dispute”: procedure for analyzing the request for cancellation or reversal of the Transaction made by the USER.
“Suppliers”: third parties that offer products and/or services to the USER through the Platform.
“Features”: technologies made available on the Platform, for the USER to carry out Transactions.
“Platform”: website available at https://web.qyonbank.net/, or application for mobile devices (if applicable), owned by the PARTNER, made available to the USER for using the Functionalities and carrying out Transactions.
“Privacy Policy”: policy available at https://www.qyon.com/politica, which is an integral part of this Agreement, which provides for the collection, use, storage, processing, sharing, protection and elimination of USER information, as a result of the use of the System.
“Third Party Services”: products and services available to the USER on the Platform, and which will be provided by accredited Suppliers.
“System”: services related to opening a Payment Account and carrying out Transactions by the USER, including the provision of information and provision of statements through the Platform.
“Transaction”: operation in which the USER moves his Payment Account, loading funds into his Payment Account; the transfer of funds to the Payment Account of other USERS accredited in the System; or the redemption of USER resources.
“USER”: legal entity or individual who, by adhering to this Agreement, is authorized to carry out Transactions through the System.
2. Object
2.1. This Agreement regulates the provision of technology services, by the PARTNER, individually or through the Payment Institution, for: (i) registration and accreditation of the USER to the System; (ii) creation of a Payment Account, enabling the USER to carry out Transactions to load, transfer and redeem resources; and (iii) management and custody of resources held in the Payment Account held by the USER.
2.1.1. Furthermore, the services provided include the provision of technology, as a mere intermediary, so that the USER can contract Third Party Services.
2.2. Through the Platform, the USER will be able to: (i) load and redeem the resources available in the Payment Account; (ii) check the balance and statement of transactions related to the Payment Account; (iii) make transfers between USERS holding a Payment Account; (iv) make a transfer order to a bank account owned by you or third parties (by TED, TEF or DOC); (v) make instant payments via QRCode, if available; (vi) issue bank slips; (vii) make payments for bank slips and utility bills; (viii) top up prepaid services, including, but not limited to, mobile/fixed telephony, public transport, application stores, among others; (ix) make withdrawals from ATMs, depending on availability; (xi) request issuance of a prepaid card, depending on availability; (x) use other available Features.
2.2.1. The Features available on the Platform may, at any time and without the need for prior notice, be excluded, changed, modified or adjusted in service availability times in accordance with the Platform's rules.
2.3. The services will be provided remotely, subject to a license to use the Functions made available to the USER on the Platform.
2.4. In return for using the System, carrying out Transactions and other services provided, the USER will pay the fees established in this Agreement, in accordance with the values informed at the time of Registration and/or for consultation on the Platform.
2.4.1. The contracting of specific services provided by Suppliers (as available on the Platform) will be established in specific contractual instruments.
2.5. The Payment Institution, under its sole and exclusive responsibility, may subcontract third parties or enter into partnerships to provide part of the services that make up the System, being responsible for such act.
2.6. Due to this Agreement, the uninterruption and speed of the System and/or the Platform are not guaranteed, which may present unavailability, slowness and processing errors, including for an indefinite period, in cases of preventive or corrective maintenance, operation failure, error system failures, failures of other service providers and acts of God or force majeure.
2.6.1. The PARTNER will not be responsible for: (i) intermittency or unavailability of the internet connection adopted by the USER; (ii) technical incapacity of the mobile device or operating system; (iii) unavailability of the Platform in the application store or internet browser used by the USER; and/or (iv) activities of people not authorized to use the Systems or the Platform.
3. System Accreditation
3.1. Accreditation to the System will be carried out by the USER adhering to this Agreement, which will be effected by: (i) completing the Registration; and (ii) by electronic acceptance expressly expressed on the Platform.
3.2. To use the System, the USER must complete the Registration, providing their personal data and information that may be requested on the Platform, being, at a minimum: (a) For individuals, the following must be provided: full name and registration number in the Valid and active CPF/MF; and (b) For legal entities, the following must be provided: corporate name or name, valid and active CNPJ/MF registration number, and the information indicated above for their representatives, agents or authorized agents.
3.2.1. The Payment Institution may limit the use of the System, according to the value and quantity of Transactions.
3.2.2. Whenever necessary, including to enable the use of the System to carry out Transactions in value and quantity within the established limits, the PARTNER may request that the USER provide additional information to that indicated in the Registration, and may, at any time, and at its sole discretion discretion, request copies of documents to verify the veracity of the information provided by the USER.
3.2.3. In the event of incorrect or untrue data provided by the USER or, even, if the USER refuses or fails to send the requested information and documents, the Payment Institution may temporarily block access to the System and prevent the use of the Features until that there be regularization.
3.2.4. The USER authorizes research to be carried out in public or private databases, with the purpose of verifying the veracity of the data and information indicated in the Registration.
3.3. The USER is civilly and criminally responsible for the veracity of the information provided, including to third parties, and is obliged to keep their data updated.
3.3.1. The PARTNER and the Payment Institution will not be responsible for errors or the non-performance of the services that make up the System if the USER provides inaccurate, untrue or outdated information.
3.4. The USER, when completing the Registration or first accessing the System, must register a login and a password to use the Functions and carry out Transactions.
3.4.1. The use of the login and password are for personal, exclusive and non-transferable use by the USER, who must keep them confidential and not allow access by third parties.
3.4.2. The USER, as a legal entity, undertakes to only give access to the login and password to its legal representatives, partners, administrators and/or agents with powers to conclude legal transactions on its behalf; being responsible, before the PARTNER, other USERS, the Payment Institution and third parties, for all acts and businesses carried out through the use of the System.
3.4.3. The USER must provide a valid email address to communicate with the PARTNER; and any communication or notification sent by email will be considered valid and effective between the Parties.
3.5. To use the services, the USER, among other obligations set forth in this Agreement, must be: (i) an individual, over 18 (eighteen) years old and have a valid and regular registration with the Brazilian Federal Revenue Service; or (ii) duly constituted legal entity, with headquarters or office in Brazil and has a valid and regular registration with the Brazilian Federal Revenue Service.
3.5.1. Due to the nature of the services provided, the PARTNER is unable to verify the USER's civil capacity and regularity; so that it will not be liable for any losses that may be caused due to non-observance of the conditions indicated above.
3.6. It is prohibited to use the System and carry out Transactions to conclude businesses: (i) considered illegal, under Brazilian legislation; (ii) that violate the National Financial System and the rules of the Central Bank of Brazil and the rules of financial institutions, brands, acquirers and issuers of credit and debit cards; (iii) considered as financial crimes, with the aim of money laundering, terrorist financing and corruption, among other related crimes, even if indirectly; (iv) that do not represent a regular legal transaction and have the intention of committing fraud; or (v) that, in any way, may cause losses to the PARTNER, Payment Institution, other USERS or third parties.
3.7. Transactions with signs or suspicions of fraud will be subject to non-processing or cancellation, even if carried out in a collusive manner or not by the USER.
3.8. The Payment Institution may suspend access to the Features and stop carrying out Transactions through the System whenever it identifies or understands that the USER's activity or nature of the Transactions violates any provision of this Agreement or current legislation; which may subject the USER to the cancellation of their accreditation and their immediate exclusion from the System, regardless of any prior notice or notification, without generating any type of compensation or compensation for the USER.
4. Payment Account
4.1. By registering on the Platform and adhering to this Agreement, the USER agrees to the opening of an individual and exclusive Payment Account, under their sole ownership, which can be operated through the Features.
4.1.1. USER accreditation and opening of the Payment Account will occur after approval of the Registration carried out on the Platform, even if there is no: (i) prior contribution of resources; and (ii) carrying out any Transaction in the System.
4.2. The Payment Account will be loaded using one of the means available in the System, of the USER's free choice, among which:
(a) Payment of a bank slip, by the USER himself - or third parties on behalf of the USER -, with unique identification that allows the amount paid to be loaded into the Payment Account;
(b) Bank transfer carried out by the USER himself - or third parties in favor of the USER -, through TEF, DOC or TED operations, if available;
(c) Receipt through transfers made by other USERS, within the System or through other available payment methods; and (d) Receipt via instant payment - PIX, when available.
4.2.1. The Payment Institution may, at any time, restrict or exclude one of the available loading methods, or stipulate other ways of loading the Payment Account by the USER, upon amendment of this Agreement and availability through the Features.
4.2.2. Upon loading the Payment Account, using one of the permitted methods, the funds will be available in the System within 01 (one) business day from the actual receipt of the funds by the Payment Institution; it is possible for the USER, from then on, to carry out Transactions through the Functionalities.
4.2.3. The USER declares to be aware that the bank slips issued will indicate the Payment Institution as the beneficiary, which, upon receipt of the funds, will top up the Payment Account.
4.3. The funds deposited in the Payment Account may be used for transfer or redemption, through one of the means available in the System, including:
(a) Carrying out transfer Transactions to the Payment Account of other USERS accredited in the System;
(b) Payment of USER debts due to the purchase of products or services contracted on the Platform;
(c) Payment of bank slips and utility bills;
(d) Carrying out top-ups for prepaid services, including, but not limited to, mobile/fixed telephony, public transport, application stores, if available, among others;
(e) Making withdrawals from ATMs, depending on availability;
(f) Redemption of resources, through transfer to the bank account held by the USER; or, if available, to the bank account of third parties who are not registered in the System;
(g) Loading a prepaid card, if available; and
(h) Instant payments and transfers made through PIX, when available.
4.3.1. The transfer of funds between Payment Accounts within the System will be carried out within 1 (one) business day from the completion of the Transaction.
4.3.2. The redemption of resources, via bank transfer, will be carried out within 02 (two) business days from the completion of the Transaction.
4.3.3. Transactions carried out through the Features will no longer be accepted by the Payment Institution when: (i) there are not sufficient funds in the Payment Account; (ii) the USER fails to provide sufficient information or provides incorrect information to carry out the Transaction; and/or (iii) there is evidence of fraud or suspicion or illegal act, in accordance with the terms set out in this Agreement and current legislation.
4.4. The Payment Institution may determine minimum and maximum value limits for loading Payment Accounts and carrying out Transactions, which may vary according to the USER's Registration information, the type of Transaction, or other criteria defined by the Institution of Payment.
4.4.1. The criteria indicated above may be changed at any time by the Payment Institution, 05 (five) days in advance, and upon publication on the Platform.
4.5. The funds credited to the USER's Payment Account will be kept in a bank account held by the Payment Institution, in a first-class financial institution, and, in accordance with art. 12 of Law 12,865/2013, (i) constitute separate assets, which cannot be confused with that of the Payment Institution; (ii) are not directly or indirectly responsible for any obligation of the Payment Institution, nor may they be subject to arrest, kidnapping, search and seizure or any other act of judicial restraint due to debts under the responsibility of the Payment Institution; (iii) cannot be given as collateral for debts assumed by the Payment Institution; and (iv) do not make up the Payment Institution's assets, for the purposes of bankruptcy or judicial or extrajudicial liquidation.
4.6. The charges or bonuses arising from the maintenance of funds in a bank account held by the Payment Institution cannot be attributed to the USER, nor claimed by him.
4.6.1. The resources held in the Payment Account, unless expressly agreed otherwise, will not suffer any type of increase or change, such as monetary correction and interest; nor will there be the payment of any remuneration to the USER, regardless of the period they remain deposited.
4.7. The amounts deposited in the Payment Account must be used for payments and transfers, being considered by the Payment Institution as resources in transit owned by the USER.
4.8. The USER may not assign or encumber, in any capacity, the rights to the resources deposited in their Payment Account, without the prior written authorization of the Payment Institution, under penalty of the assignment being ineffective.
4.9. The USER will have access to Transactions carried out or pending payment by accessing their Payment Account statement, being able to view the balance and history of transactions in the System. The availability of the balance and statement of transactions is characterized as accountability, for all legal purposes.
4.9.1. Access will only be made available to Transactions carried out every 12 (twelve) month period, with the USER being responsible for controlling and archiving, including the possibility of printing the statement made available.
4.10. The USER declares to be aware that the services provided for in this Agreement are intended solely to make payments and receipts in national currency, as well as ensuring that all resources transferred to his Payment Account will come from lawful and declared sources, exempting the PARTNER and the Payment Institution from any liability.
5. Dispute and Cancellation of Transactions
5.1. Transactions carried out between USERS accredited in the System, through the transfer of resources in electronic currency, will be automatically canceled whenever: (i) it has been incorrectly processed by the USER, due to erroneous information indicated by the USER at the time of carrying out the Transaction; (ii) was carried out in non-compliance with the provisions of this Agreement, or (iii) there is suspicion of fraud, illicit act or any irregularity.
5.1.1. It will not be possible to cancel or open a Dispute for loading or redemption Transactions carried out outside the scope of the System, that is, before the conversion of resources into electronic currency or after the transfer of amounts by the Payment Institution.
5.2. The USER represents and warrants that it will be fully responsible for the veracity, accuracy and compliance of the information and values of commercial relationships related to Transactions; responding, if applicable, for the quality, quantity, safety, suitability, price, deadline, delivery, functionality and guarantees of the products or services that gave rise to the Transactions.
5.3. All complaints and disputes arising from any Transactions carried out within the System must be settled directly between USERS; so that the PARTNER and the Payment Institution will be exempt from any responsibility, and without prejudice to the possibility of retention and/or compensation in the manner provided for in this Agreement.
5.4. If the USER disputes a Transaction, the Dispute procedure will be initiated, with the value of the Transaction being retained until the Dispute is resolved.
5.4.1. The Dispute must be opened by the USER within a maximum period of 10 (ten) days from the date of completion of the Transaction, directly at the PARTNER's call center available on the Platform; It is certain that the opening of the Dispute does not guarantee the refund of the amounts under discussion.
5.4.2. The request to open a Dispute must be duly substantiated and accompanied by the relevant documentation.
5.4.3. With the opening of the Dispute procedure, the USERS involved will be asked for explanations and documents that prove the conduct of the business that gave rise to the Transaction.
5.4.4. It will be solely up to the Payment Institution, at its own discretion, to analyze the documentation and decide on the Dispute, within 30 (thirty) days from the sending of the information and documents by the last communicated USER.
5.4.5. If the dispute is upheld, the respective amount will be refunded from the Payment Account of the USER who initiated the Dispute. If the objection is not accepted, the Transaction carried out will be maintained.
5.4.6. If the USER who requested the opening of the Dispute fails to present the requested information and documents, the procedure will be automatically terminated.
5.5. If excessive levels of requests for opening a Dispute are identified before the USER, the Payment Institution may: (i) retain, in whole or in part, the amounts existing in the Payment Account, as a guarantee to cover potential damages; and (ii) suspend or permanently disable the USER's access to the Platform.
5.6. Transactions will be automatically canceled when: (i) they are found to be duplicity; (ii) incomplete or inaccurate information is indicated; (iii) signs of irregularity or fraud are found; (iv) in other cases provided for in this Agreement.
6. Resource Retention and Compensation Hypotheses
6.1. The USER acknowledges and agrees that the Payment Institution, in accordance with the provisions of this Agreement, will have the right to: (i) withhold the amounts held in the USER's Payment Account to guarantee, in full, any payments that are due or to protect against financial risks related to the USER’s obligations; and (ii) compensate, with the amounts held in the Payment Account, the USER's debts, of any nature.
6.2. Existing or future amounts held in the USER's Payment Account will be retained and offset in the following cases: (a) When there is a high level of operational or credit risk, associated with the history of Transactions carried out by the USER; (b) If there is evidence of irregularity or risk of cancellation of the Transaction, due to complaints, disputes, disputes or inappropriate use of the System; (c) In cases where there is illiquidity, insolvency, request for judicial or extrajudicial recovery, request for bankruptcy, closure of activities or any other hypothesis in which the USER has difficulty in fulfilling their contractual and/or legal obligations; (d) Whenever there is a failure to comply with the obligations set out in this Agreement or in current legislation; or (e) To comply with judicial or administrative orders.
6.3. If there is not enough balance to pay the debts due, the USER will be notified by the PARTNER to immediately top up their Payment Account, under penalty of default, automatically and without the need for notice or any formality.
6.3.1. The absence or delay in the payment of any amounts owed by the USER will result in the payment of a late payment fine of 2% (two percent), monetary correction by the IGPM/FGV or other index that replaces it, and interest of 1% ( one percent) per month, to be calculated on the amount owed.
6.3.2. Failure by the USER will also result in the immediate termination of this Agreement and the adoption of legal measures to collect the debt, including the inclusion of the debt before credit protection agencies.
6.4. The USER will have a period of 60 (sixty) days to point out any divergence or inaccuracy in relation to the amounts posted in the Payment Account, counting from the completion of the Transaction, posting of the debit or compensation. After this period, the USER will no longer be able to complain about the entries made, granting full and definitive discharge.
7. Redemption of Resources and Closing of Payment Account
7.1. The USER may, at any time, as long as he/she has a sufficient balance to cover the withdrawal fee, the applicable bank fees and the payment of any debts incurred as a result of this Agreement, make the full redemption of the funds held in the Payment Account, as well how to close it, upon request to the PARTNER via the System.
7.2. The redemption of resources will be carried out at the USER's request, through the transfer of the net value and in national currency, in accordance with the forms established for the use of resources held in the Payment Account.
7.3. If available, the USER may also request that the credit arising from the Transactions be transferred to a third party's current account, at the USER's expense and order.
7.4. The USER is responsible for the accuracy of the data provided about the bank account, owned by them or third parties (if available); exempting the PARTNER and the Payment Institution from any responsibility for transfers made due to inaccurate or inaccurate information that may be provided by the USER.
7.4.1. If it is not possible to redeem funds due to an irregularity in the indicated bank account, the respective amounts will remain retained and will be kept in the Payment Account until regularization is made by the USER, without incurring any charges, penalties or charges.
7.5. When arising from a technical and/or operational failure in the System or in the banking system, the Payment Institution may, without incurring any burden or penalty, exceed, by up to 01 (one) business day, the deadline established to redeem the Account of Payment.
7.6. In the event that the scheduled date for the redemption of funds is considered a holiday or a non-banking day, payment will be made on the 1st (first) subsequent business day.
7.7. Non-use of the Payment Account, defined as the absence of any use for a period of 06 (six) months, will result in the charging of a fee to reimburse maintenance expenses, which will be deducted from the existing balance in the Payment Account.
7.8. From the moment the USER has no balance in their account for more than 30 (thirty) days, their Payment Account will be closed regardless of prior notice.
8. Remuneration
8.1. In return for the provision of technology services that integrate the System, custody and management of resources in the Payment Account and license to use the Functionalities, the USER will pay to the PARTNER or the Payment Institution (as applicable), the fees, fixed or percentage , incidents on each Transaction carried out.
8.2.The USER will pay: (i) fee for each Transaction carried out on the System; (ii) fee for withdrawing resources; (iii) payment account inactivity fee; (iv) fee for transferring funds to third-party current accounts (if available); and (v) additional fees for other services to be contracted, cumulatively with other fees.
8.2.1. The value of the fees will be informed to the USER during Registration and/or published on the Platform at the time of carrying out the Transaction.
8.3. The fees charged vary according to the nature of each Transaction, and are always available for consultation by the USER on the Platform or upon request through the available service channels.
8.4. To charge fees, including for additional services that may be contracted by the USER, the Payment Institution may, alternatively: (i) make debit entries in the Payment Account; or (ii) offset the amount of the debts with any other credits, present or future, owed to the USER. 8.4.1. If there are not sufficient resources to pay the fees, the PARTNER will request the USER to immediately credit resources to their Payment Account. As soon as there are resources in the Payment Account, the amounts will be debited automatically and without prior notice.
8.4.2. Without prejudice to the suspension of services provided through the System, if the USER fails to credit their Payment Account, the late payment charges stipulated in this Agreement will apply.
8.5. The PARTNER or the Payment Institution (as applicable) may adjust or change the value of the fees charged, informing the USER in advance, by email or prior publication on the Platform.
8.5.1. If the USER does not agree with the new remuneration conditions, he or she may terminate this Agreement, without incurring any charges or penalties. Failure to terminate will be interpreted as consent to the new rates charged.
8.5.2. If new taxes are created or the conditions for calculating and/or charging taxes levied on current remuneration are changed, the PARTNER or the Payment Institution (as applicable), upon 10 (ten) days' prior notice, will automatically readjust the amounts charged in order to reestablish economic-financial balance.
8.6. The Payment Institution may establish other types of remuneration, including additional services that may be agreed in specific contractual instruments, upon prior communication to the USER, 10 (ten) days in advance.
8.7. After accreditation in the System, the USER may, at any time, request the cancellation of their membership and closure of their Payment Account; upon prior formal communication to the PARTNER, 30 (thirty) days in advance.
9. Term and Termination
9.1. This Agreement is concluded for an indefinite period, and comes into force from the date of its acceptance by the USER.
9.2. This Agreement will be terminated at any time upon 30 (thirty) days' notice by either Party. 9.2.1. Except for the hypotheses below, the termination of this Agreement will occur without the incidence of any liens, charges or penalties; except for outstanding obligations that must be duly fulfilled within the necessary period.
9.3. There will be immediate and motivated termination of this Agreement, in the event of: (i) declaration of bankruptcy, request for judicial or extrajudicial recovery or termination of activities of either Party, at the sole discretion of the other Party; or (ii) failure to comply with any obligation established in this Agreement that is not remedied within the stipulated period or, in default, within 10 (ten) days from notification or notice.
9.4. If the termination of the Agreement occurs due to the USER's fault, it is hereby established that your access to the Platform and the System will be immediately blocked, with the suspension of your Payment Account and retention of the USER's credits for the period necessary so that the USER's credits can be protected. rights of the PARTNER, the Payment Institution, other USERS and third parties; without prejudice to the adoption of other necessary legal measures and the determination and compensation of any additional damages.
10. Additional USER Responsibilities
10.1. Taxes levied on the provision of services are the exclusive responsibility of the USER, and the PARTNER or the Payment Institution (as applicable) may deduct the respective amounts from the USER's credits.
10.2. Carrying out bank transfers of funds, payment of bank slips, among other operations, may be subject to the charging of fees, fees or charges, in accordance with the criteria and values established by financial institutions; and the PARTNER has no influence on the amounts charged to the USER.
10.3. The USER acknowledges and agrees that carrying out Transactions through the System is subject to the application of current legislation, including prevention of money laundering, financing of terrorism and combating corruption; the transfer of Transaction values is subject to strict compliance with applicable legislation.
10.4. To use the Functionalities and access the System, the USER must have equipment (computer, smartphone, tablet or other similar devices) with internet access and in compatible conditions for its use, and the USER is solely responsible for obtaining, maintaining and paying for such access and necessary equipment (including taxes, fees or charges charged by service providers). The PARTNER and the Payment Institution will not be responsible for failure to carry out the Transaction due to equipment incompatibility or the absence or failure of internet access.
10.5. The USER undertakes to exempt the PARTNER and the Payment Institution from any and all claims or judicial or extrajudicial disputes arising from the use of the System, including with regard to the USER's own activities and issues related to legal transactions entered into by the USER. USER outside the System.
10.6. The USER undertakes to reimburse the PARTNER and the Payment Institution for all amounts proven to have been spent in legal actions or administrative proceedings that have been filed against the PARTNER or the Payment Institution due to non-compliance with obligations attributable to the USER.
10.6.1. The Payment Institution may retain the credits to be paid to the USER and offset them to pay debts arising from convictions, procedural costs and expenses, in addition to legal fees.
10.7. The PARTNER and the Payment Institution have a Privacy Policy that indicates how the USER's information will be collected, used, stored, treated, shared, disclosed and protected. The USER must carefully read the Privacy Policy, which is an integral part of this Agreement.
10.7.1. The PARTNER and the Payment Institution will adopt all necessary measures and use appropriate technologies to protect the collection, processing and storage of USER information; however, there is no way to ensure that unauthorized third parties use fraudulent means to steal, misuse, alter or unauthorized access to USER information.
11. License of Use and Intellectual Property of Features
11.1. The PARTNER, as licensee, authorizes the use by the USER of the Functionalities that make up the System, during the term of this Agreement, subject to the terms and conditions established herein.
11.2. The USER acknowledges and agrees that the intellectual property of the Features is the full and exclusive property of the PARTNER, as licensee.
11.2.1. The USER is prohibited from: (i) copying or transferring in any way, in whole or in part, any Functionality or information relating to the Functionality; (ii) modify the characteristics of the Functions or integrate them with other systems or software; (iii) copy the data extracted from the System, except those relating to Payment Account transactions.
11.3. The USER undertakes not to infringe any rights relating to brands, patents, software, internet domain, industrial secrets or even industrial property rights or copyright of any services or Functions made available under this Agreement, as well as not use the name, brand, logo or any type of distinctive sign of the PARTNER or its partners, without prior written consent.
12. Third Party Services
12.1. The Payment Institution and the PARTNER, as applicable, may enter into partnerships with Suppliers, enabling the USER to contract various services and products available on the Platform.
12.2. With regard to Third Party Services, the Payment Institution and the PARTNER are mere intermediaries in the relationship between the USER and the Supplier, since the technology available on the Platform is intended to bring the parties together.
12.2.1. Information about Suppliers, their products and services will be made available on the Platform;
12.2.2. To use Third Party Services, the USER may or may not be directed to a website or other platform. Furthermore, the Suppliers may require new information, documents and/or data related to the USER.
12.3. As this is an intermediation activity, the Payment Institution and the PARTNER do not have any interference in the conditions, prices and execution of Third Party Services, including contracting conditions, document requests and other pertinent acts. Suppliers will be solely and exclusively responsible for all issues related to Third Party Services offered on the Platform.
12.3.1. The Payment Institution and the PARTNER cannot, under any circumstances, be held responsible for any claims arising from contracting Third Party Services, and the USER is responsible for directly contacting the Supplier responsible for their provision.
12.3.2. The Supplier will be exclusively responsible for all information disclosed on the Platform about Third-Party Services, including images, their characteristics and respective prices, as well as the quality, existence, quantity, security, delivery and guarantee of what is promised; so that the Payment Institution will not exercise any control or supervision and will not have any responsibility for the Third Party Services and/or the veracity of the information made available on the Platform.
12.3.3. Furthermore, the Payment Institution and the PARTNER are not responsible for the suitability, technical-operational and financial capacity of the Suppliers, acting only as a mere intermediary in their relationship with the USER.
13. General Provisions
13.1. The USER declares that they are aware and agree that, regardless of where they are using the services that make up the System, the relationship between the Parties will always be governed by Brazilian legislation.
13.2. The USER expressly authorizes the PARTNER to use the information, even relating to their Registration, Payment Account, current account and Transactions carried out in the System, to form a database, preserving the individuality and identification of each USER.
13.3. The USER authorizes the PARTNER to verify and exchange registration, credit and/or financial information about him/her nationwide, with financial or credit protection entities, including making inquiries to credit risk systems regarding possible debts for which the USER is responsible. and to provide the aforementioned body with information on registration data and credit information.
13.4. In accordance with applicable legislation and the Privacy Policy, the USER agrees that the PARTNER or any of its partners send messages of an informative or advertising nature.
13.5. The Payment Institution will assist and cooperate with any judicial, regulatory authority or public body that may request information, and may, in this case, provide any information about the USER in relation to the use of the Platform.
13.6. The Parties elect the Forum of the City of São Paulo / SP as the only one competent to resolve issues arising from this Agreement, expressly waiving any other, however privileged it may be.
Version updated on August 25, 2020.
Annex
Prepaid Card Terms of Use
This Prepaid Card Use Term is an annex (“Annex”) and an integral part of the Terms and Conditions of Use of the QYON Platform (“Term”) and aims to establish the conditions for the use of the Prepaid Card by the USER .
When using the Prepaid Card, the USER automatically agrees with all the rules in this Annex, taking full responsibility for any and all acts performed.
All terms, conditions, limits and responsibilities set out in the Terms and Conditions for Opening a Payment Account, which were expressly accepted by the USER before requesting the Prepaid Card, fully apply to this Annex.
If you do not agree with any of the terms and conditions established below, the USER must not use the Prepaid Card.
Services related to the Prepaid Card will be provided by QYON TECNOLOGIA S.A., registered with the CNPJ/MF under nº 38.469.354/0001-52, with headquarters at Rua Carijós (Via Luiz De Queiroz Sp-304), nº 800, C2A plot of land, Parque Novo Mundo, in the city of Americana, state of São Paulo, CEP: 13467-800 (“PARTNERS”), in partnership with FLAGSHIP INSTITUAÇÃO DE PAGAMENTOS LTDA., registered with CNPJ/MF under no. 23.114.447 /0001-97, with headquarters at Rua Cardeal Arcoverde, 2365, Conjunto 12, Pinheiros, in the city of São Paulo, state of São Paulo (“Payment Institution”) and by BIZ TECNOLOGIA EM MEIOS DE PAGAMENTO LTDA., a business company with headquarters at Avenida São Gabriel, 555, 7th Floor, conj. 704, Jardim Paulista, CEP 01435-001, in the city of São Paulo, State of São Paulo, registered with the CNPJ under number 07.155.434/0001-00 (“Issuer”).
1. Definitions
1.1. Without prejudice to the definitions given in the Term and which also apply to this Annex, the words below, when used in the singular or plural, will have the following meanings:
“Band”: the payment arrangement established by Visa, licensor of the brand and responsible for the systems that allow the issuance of the Prepaid Card and accreditation of Establishments.
“Chargeback”: is the dispute procedure through which the USER declares that they do not recognize an expense made with their Prepaid Card.
“Establishment”: any supplier of products and/or services that is authorized to accept payments with a Prepaid Card, in Brazil and/or abroad, in physical stores or via the internet.
2. Object
2.1. Through this Annex, the USER acquires the physical Prepaid Card, linked to the Payment Account that will be opened with the Issuer, enabling the USER to purchase goods and services from Establishments affiliated with the Brand indicated on the respective card.
2.2. The deadline for sending the Prepaid Card will be informed on the Platform and through the PARTNER's service channels.
2.3. Once the issuance of the Prepaid Card is approved, the USER, as a holder of a Visa Card, will have the benefits granted by Visa and its partners.
3. Accreditation
3.1. To purchase the Prepaid Card, the USER must be accredited to the PARTNER.
3.2. By adhering to this Annex, the USER agrees to the opening of a new individual and exclusive Payment Account, of their exclusive ownership, with the Issuer
3.3. If, after issuing the Prepaid Card, the PARTNER, the Payment Institution and the Issuer find that the USER has provided false, incomplete, misleading, erroneous, misleading information, or that it does not allow the USER's identity to be identified, They may (i) request clarifications and additional documentation that they deem necessary to properly prove the information provided and to validate the registration, and may even refuse to validate any registration, at their sole discretion or (ii) automatically delete the your registration, suspend or cancel the Prepaid Card.
3.4. The PARTNER, the Payment Institution and the Issuer will not be responsible for the misuse of the Prepaid Card by third parties, as well as for any direct or indirect damage that results from the misuse or inability to use the Prepaid Card by the USER or by any third party, provided that, if there is evidence or indications of irregular, inappropriate or suspicious use of the Prepaid Card, the USER may have their registration immediately suspended or canceled, without prejudice to other legal and contractual sanctions.
4. Use of the Prepaid Card
4.1. After approval of your accreditation with the PARTNER and the Issuer, the USER will be able to carry out payment transactions using the Prepaid Card, as long as the balance is available, including: (a) Purchases at Establishments: the USER may make purchases at any Establishment that is a supplier of products and/or services that are able to accept payments with their Prepaid Card, in Brazil and/or abroad, in physical stores or through the internet; and (b) Withdrawal: withdrawal of funds from enabled electronic terminals, using a Prepaid Card. In this case, additional fees may be charged by the companies managing these terminals.
4.2. As soon as the USER receives the Prepaid Card, he will be responsible for checking his details, and the Prepaid Card will be delivered blocked, as a security measure and the unlocking must be carried out through the service channels indicated on the Platform.
4.3. The USER must pay attention to the Visa payment arrangement regulations, which have specific terms and conditions for their use.
4.4. The USER is solely responsible for the use and storage of their Prepaid Card. It is recommended that the USER: (i) keep their Prepaid Card in a safe place, never allowing it to be used by third parties; (ii) memorize your password and keep it confidential, avoiding writing down or saving the password on physical or digital media, and; (iii) never write down or store the password together with your Prepaid Card; and, furthermore, (iv) do not use passwords related to dates or other personal references of the USER and routinely change your password as a security measure.
4.5. In case of loss, loss, theft or theft of the Prepaid Card, the USER must immediately contact one of the service channels indicated on the Prepaid Card or on the PARTNER's Platform. After contact, use and access to the Prepaid Card may be temporarily blocked until the USER receives a new card.
4.5.1. Upon cancellation of the blocked card, a new Prepaid Card will be issued to the USER, and will be delivered within the previously informed deadlines. Additional fees may be charged for issuing the new Prepaid Card, which will be automatically deducted from the USER's Payment Account.
4.6. The PARTNER, the Payment Institution and/or the Issuer are not responsible for payment transactions carried out by Prepaid Card holders, as they are not part of any purchase and sale transaction with the Merchants.
5. Chargeback
5.1. If the USER does not recognize an operation made with their Prepaid Card or problems with ATM withdrawals, they must contact us through the service channels within a maximum period of 90 (ninety) days and follow the instructions for carrying out the Chargeback procedure guided by the USER. Card issuer.
5.1.1. The procedure and documentation required for the Chargeback will follow the rules established by the Brand and Issuer, so that the recognition of the Chargeback will depend on the sending of documents and clarifications that demonstrate the veracity and lawfulness of the business that gave rise to the transaction, without there having been fault or willful misconduct of the USER.
5.1.2. If the Chargeback is accepted, the amount will be credited to the USER's Payment Account, within the period established by the Issuer. If the Chargeback is not recognized, the payment or withdrawal transaction will be maintained.
5.2. The USER is aware and agrees that the Chargeback procedure will only occur for payment transactions carried out using the Prepaid Card for online purchases or without a card present.
5.2.1. Chargeback procedures will not be accepted for transactions using Payment Accounts, which were carried out using a physical card, in which the chip was inserted and the USER's password was entered.
6. Card Cancellation
6.1. The USER may, at any time, request the cancellation of their Prepaid Card, upon request made through the PARTNER's service channels.
6.2. In addition to the cancellation provisions established in the Term, the PARTNER may block the USER's Prepaid Card in the following cases:
(a) If the USER violates any of the provisions of this Annex or the Terms;
(b) If payment transactions outside the standard of use are verified, and the USER fails to respond to a request to send documents or information to prove their regularity; or
(c) In case of death or insolvency of the USER.
7. General Provisions
7.1. This Annex may be changed, at any time, in order to reflect possible changes to the use of the Prepaid Card, upon communication to the USER. If the USER does not agree with the new terms, he or she may reject them and cancel the Prepaid Card.
7.2. If the USER uses the Prepaid Card after changing this Annex, it is understood that he agrees with all changes made.
7.3. The USER hereby agrees that the PARTNER, the Payment Institution and the Issuer communicate to the Central Bank of Brazil, the Financial Activities Control Council or other bodies that the legislation provides for, the operations that may be configured in Law 9,613/98 ( which provides for the crimes of laundering or concealment of assets, rights and values) and other legal provisions pertinent to the matter.