Please read carefully before accessing SafetyPay payment solution services.
Saftpay, Inc., with registered address at 5335 Gate Parkway, Floor 4, Jacksonville, Florida 32256, United States of America, is an international company dedicated to providing payment solution (intermediation) services between You and the Affiliated Merchant.
Saftpay, Inc., through its respective subsidiaries, provides payment solution services in the following jurisdictions: Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, Guatemala, Mexico, and Peru.
These Terms and Conditions of the payment solution service constitute a legal agreement between You and SafetyPay, governing your access and use of the SafetyPay Platform as a Buyer of products, goods, or services.
I. Definitions.
For the purposes of this contract, the following terms shall have the following meanings, regardless of whether they are expressed in uppercase, lowercase, singular, or plural.
You or Buyer. Person who uses the SafetyPay Platform to carry out payment transactions for the acquisition of a product.
Affiliated Merchant. Company that has entered a service provision contract with SafetyPay for the use and operation of the SafetyPay Platform to process payment transactions for the sale of its products.
Payment Transaction. Processing of a payment through the SafetyPay Platform, resulting in the charge of the purchase amount to the Buyer's payment method and the crediting of funds to the Affiliated Merchant's account.
Product. Any Product, Good, or Service offered by the Affiliated Merchant.
Purchase Amount. Amount in the national currency in legal circulation of the Territory or in foreign currency (where permitted in the Territory) of a payment transaction disbursed for a Product, plus fees, taxes, or shipping costs related to the purchase.
SafetyPay. It is the duly incorporated subsidiary in accordance with the applicable legislation in force within the Territory, which provides payment solutions to Affiliated Merchants through the SafetyPay Platform, a platform whose intellectual property rights are owned by Saftpay, Inc.
Territory. Country of incorporation of the Safetpay company that processes and provides payment solution service through the SafetyPay Platform and Brand. SafetyPay Platform. The internet pages owned by SafetyPay, the technological platform developed by Saftpay, Inc., which offers an online payment facilitation service allowing Buyers to make purchases of merchandise, goods, products, and services using their own online banking services within the Affiliated Merchants.
This platform allows the Buyer to pay in their national currency through their own trusted financial institution without the need to use (i) their own credit card; (ii) without the need to disclose their personal financial information to the Affiliated Merchant; (iii) or in case their debit or credit card is not accepted by the Affiliated Merchants, thus providing Buyers with a secure environment for each of their payment transactions.
Similarly, the SafetyPay Platform allows for cash payments or in-person deposits through authorized points, such as agencies, bank correspondents, and convenience stores.
The Site. Internet page owned by Saftpay, Inc. and its subsidiaries, through which they offer their payment solution services.
II. General Conditions. II.I The use of the SafetyPay Platform implies (i) that the terms and conditions set forth in this agreement are mandatory for the Buyer and SafetyPay; (ii) the Buyer's full knowledge and acceptance of all these terms and conditions. Therefore, it is understood that the Buyer is aware of and has fully accepted the provisions detailed below.
II.II For the use of the SafetyPay Platform, the Buyer declares, represents, and ratifies: a) being of legal age and having the legal capacity to contract in accordance with the applicable legislation in the Territory;
a) Being of legal age and having the legal capacity to enter contracts in accordance with the applicable legislation in the Territory.
b) Be the holder of the bank account to be used for the payment transaction to be carried out through the SafetyPay Platform.
c) Authorize the payment of your purchase using any of the payment solutions of the SafetyPay Platform, within the time designated by the Affiliate Merchant.
II.III The use of the SafetyPay Platform does not require the Buyer to create a user account with SafetyPay at any time.
II.IV Once the Buyer has selected the SafetyPay Platform as their payment option on the Affiliate Merchant's website, SafetyPay will direct them to the Buyer's online banking services and assign a unique number to the payment transaction for tracking and tracing purposes (hereinafter referred to as the "Transaction ID"), including, but not limited to, refunds and claims. To complete the transaction, the Buyer will be required to log in to their online banking system and validate the transaction. Your financial institution will display all the transaction information and ask for your authorization for the payment. SafetyPay only facilitates payments that you authorize through your financial institution. The authorized funds are transferred from your bank account to an open account of SafetyPay. The funds transferred to the SafetyPay account do not constitute deposits in a banking entity, nor do they have any of the guarantees that such deposits may enjoy according to the applicable legislation and regulations on deposits of financial entities. Such funds are only received to affect the payment transactions that the Buyer orders through SafetyPay. SafetyPay then uses those funds to process the secure payment transaction on behalf of the Affiliate Merchant for which you have authorized the payment.
In the event that the Buyer selects the cash collection payment method, the payment service of the SafetyPay Platform will assign a Transaction ID so that the Buyer can make the payment at the agencies, banking correspondents, and convenience stores with which SafetyPay has partnerships within the Territory in question.
The Buyer is informed that in the case of international payments made through the SafetyPay Platform, there may be additional charges and/or commissions for such international transaction, which will be informed in advance before the transaction is completed.
Likewise, you are hereby informed that the exchange rate that will be applied for international payments will be the exchange rate established by SafetyPay based on the rates available in the international markets or, as applicable, the exchange rate guidelines established by the competent authority within the Territory where the payment transaction is made.
Brazil
The Buyer must be a resident of Brazil and have their CPF or CNPJ, respectively, and indicate the CNPJ of SafetyPay Brazil.
When transactions require currency conversion due to an international transaction, SafetyPay will hire an authorized bank to perform the currency conversion, and the exchange rate will be determined based on the rates available in the wholesale foreign exchange market, based on the currency of the transaction. It is also important to note that SafetyPay will charge the user a fee of 6.38% for handling the conversion.
II.V The Buyer will be solely responsible for the outcome of their business relationship with the Affiliate Merchants, including, without limitation, all content posted on the websites of the Affiliate Merchants (including, without limitation, the quality of the products or services offered, and the delivery times of the products or services purchased through the SafetyPay Platform).
II.VI SafetyPay shall not be liable to the Buyer for the following:
• Indirect damages, losses of time, business opportunities, anticipated profits, information or competitive advantages, or damages or losses arising from a technical failure in the SafetyPay Platform.
• Any accidents, negligence, misuse, vandalism, damages caused by viruses or unauthorized computer access commonly related to platforms like the SafetyPay Platform.
• The quality, delivery, provision, characteristics, and condition of the items or services paid for through the payment solution services of the SafetyPay Platform, nor for damages or losses caused by such Products
• To guarantee continuous, uninterrupted, or secure access to the SafetyPay Platform, or its operation.
• For delays in third-party services, including delays in banking transactions.
II.VII SafetyPay reserves the right, at its sole discretion, to change, modify, add, or remove parts of these Terms and Conditions at any time. It is the Buyer's responsibility to periodically review any modifications to these Terms and Conditions. Your continued use of SafetyPay payment solution services after the publication of modifications shall be deemed as tacit acceptance of the changes.
For Buyers residing in the Republic of Brazil, SafetyPay undertakes to notify any modification to these Terms and Conditions with 30 days' advance notice.
SafetyPay does not guarantee uninterrupted access and operation of the Site. SafetyPay may suspend access to the Site and/or certain functionalities for maintenance or security reasons at any time.
II.VIII The text, images, user interface, visual interface, photographs, trademarks, logos, sounds, designs, and object code, source code, and all of its entirety (collectively, "The Content"), including but not limited to the design, structure, selection, coordination, expression, and display of The Content, within the SafetyPay Platform, are the property and under the control or license of Saftpay Inc.; and are protected by respective laws of Industrial Property and Copyright, International Treaties, as well as Competition laws. The Buyer is authorized to use the information of SafetyPay services made available by SafetyPay, provided that (1) you do not use such information for commercial purposes and do not copy or publish such information on any other network or transmit it through any means of communication, (2) you do not make modifications or alter the content of such information, and (3) you do not offer additional warranties related to such documents. The Protected Content within the SafetyPay Platform is for personal and non-commercial use only. SafetyPay grants you a limited, non-exclusive, non-transferable authorization to use the SafetyPay Platform, in accordance with the Terms and Conditions. You may use this Site and the SafetyPay Platform solely to inquire about our available services and make legitimate purchases and shall not be used for any purpose other than those stated herein. Nothing in these Terms shall be construed as a form of granting permission, license, right, or authorization for the use of The Content or any trademark, copyright, image, or other intellectual property rights of SafetyPay. As a condition of using the Site and the SafetyPay Platform, you warrant to SafetyPay that you will not use the Site for any purpose that is illegal or prohibited by these Terms and Conditions.
II.IX The entire content of the Site is protected by copyright of SafetyPay, with all rights reserved. If you download or print a physical copy of individual pages and/or sections of the Site, you may not omit any copyright or other intellectual property notice. Any download or copying from the Site in any form will not transfer to you title to any software or material. SafetyPay is a registered name and trademark; the Buyer acknowledges and agrees that SafetyPay, Inc. is the sole and exclusive owner of the intellectual property rights arising therefrom.
II.X The Site may contain links to third-party websites, or you may be redirected to third-party websites. In such cases, SafetyPay is not responsible for the content and/or operation of such websites.
II.XI No person is authorized to use automated programs such as "dee-link", "page-scrape", "robots", "spider", or similar; extending the prohibition also to programs, algorithms, or methodologies, reverse engineering of object codes or sources, or any equivalent or similar manual process, to access, acquire, copy, or monitor any part of the Site or any Content; nor in any way reproduce or circumvent the navigational structure with the intention of obtaining material, documents, or information through such means or any other not voluntarily made available by the Site. SafetyPay reserves the right to restrict any similar activity. Any unauthorized attempt to access any part or content of the Site, or any other system or network connected to the Site or any other SafetyPay server, or any other services offered on or through the Site, whether through hacking, cracking, password impersonation or any other illegitimate means, is prohibited.
Similarly, it is prohibited to test the vulnerability of the SafetyPay Platform or its Site or any other network connected to the Site, as well as to breach the security or authentication measures on the Site or any other network connected to the Site. It is prohibited to conduct reverse searches, trace or attempt to trace any information of any Buyer of the SafetyPay Platform, in any form where the purpose is to disclose information, including but not limited to identification or personal and financial information, other than your own information as provided on the SafetyPay Platform.
It is prohibited to use any device, software, or routine to interfere or attempt to interfere with the proper functioning of the SafetyPay Platform, or any transaction or business conducted through the SafetyPay Platform.
II.XII SafetyPay is committed to protecting the privacy and personal data of Buyers, and therefore complies with the provisions of the applicable personal data protection regulations. In particular, SafetyPay undertakes not to use and/or disclose the Buyer's personal data to third parties, except with their express consent or within any of the legal exceptions for obtaining such consent, and to comply with the principles of quality, purpose, confidentiality, and security. SafetyPay only collects those personal data that are necessary and appropriate for the provision of its services and the use of the SafetyPay Platform and does so by fair means and respecting the privacy of Buyers solely for the purpose of processing the Payment Transaction.
SafetyPay may collect certain types of analytical information (including, but not limited to, IP address and location, IP type, cookie identifiers, pages visited and/or search terms entered, time spent on each page of the Site, anonymous usage statistics, anonymized demographic information such as age and gender, date and time of access, connection speed, language, browser, operating system, and device used, and other types of analytical information or log file data) through the use of "cookies" and visitor data. This information is generally anonymous and will not intentionally contain personal information about you when you access the Site (collectively, "Analytical Information"). Please note that we may use third-party service providers and analytics to help us operate and provide services in relation to our Site, and these third-party providers may also collect Analytical Information from our Site.
Cookies are code that the Site places on your computer and that allow, among other things, recognizing you as a previous user of the Site and providing the Site with data from your previous use, and helping SafetyPay in other ways to make the Site more useful for you. SafetyPay may use permanent cookies that are stored on your computer until you delete them, and session cookies that are automatically deleted when you close your browser. You can stop or limit the placement of cookies on your computer or delete them from your web browser by adjusting your preferences in your web browser. If you reject or delete cookies from the Site, you may not be able to fully take advantage of some of the Site's functions. Please note that cookie-based exclusions do not work on mobile applications. However, on many mobile devices, users of an application can opt-out of certain mobile tracking activities through their device settings.
SafetyPay will not make any assignment and/or international transfer of personal data without your consent. However, it may transfer the personal data of Buyers to its subsidiaries, which may or may not be listed as secure countries by the authorities of the Territory. In case personal data is transferred to a country that is not considered safe or adequate by the authorities of the Territory, SafetyPay undertakes to enter the corresponding international transfer contract, complying with all applicable regulations and requiring the preservation of confidentiality and security conditions.
Argentina
To exercise the rights of access, update, rectification, deletion or confidentiality with respect to their personal data, Buyers must send an email to soporte@paysafegroup.zendesk.com indicating the reason for contact and providing credible proof of their identity. Once the identity of the holder of the personal data is verified, SafetyPay will allow access and/or exercise of other rights, free of charge and in accordance with the terms provided by Law 25.326.
The Access to Public Information Agency, as the Control Body of Law No. 25.326, has the authority to handle complaints and claims filed by those affected in their rights due to non-compliance with current regulations on personal data protection.
II.XIII The Buyer acknowledges that, in case of requiring changes and returns of products or cancellation of any service, the only responsible party will be the Affiliate Merchant, relieving SafetyPay of any legal liability.
Regarding purchases made by the Buyer through SafetyPay's payment solution service, where the Buyer wishes to exercise their right of revocation of the purchase, the following provisions will apply for the following jurisdictions:
Argentina
The Buyer may revoke the purchase made at the Affiliate Merchant within 10 (ten) days of the purchase being made.
If the Buyer has made an overpayment in the acquisition of a product, the Buyer may request the refund of the amount paid in excess, for which they must report it to the Customer Service Center, whether physical and/or virtual, of the Affiliate Merchant and follow their own procedures.
Brazil
If the Buyer requires a refund for the total amount of the purchase due to reasons unrelated to the product, they must request it on the next business day after receiving the product, at the Customer Service Center of the Affiliate Merchant.
If the Buyer has made an overpayment in the acquisition of a product that presents defects in quantity, the Buyer may request the refund of the amount paid in excess, for which they must report it to the Customer Service Center, whether physical and/or virtual, of the Affiliate Merchant and follow their own procedures.
The Buyer may exercise their right of restitution with respect to the products and/or services contracted in case the Affiliate Merchant has engaged in aggressive or deceptive commercial practices, for which they must report it within a maximum period of 7 (seven) calendar days counted from the day the purchase of the good or service was made, or from the day of its receipt or commencement of its execution, whichever occurs later, at the Customer Service Center, whether physical and/or virtual, of the Affiliate Merchant.
When the Affiliate Merchant informs and requests SafetyPay, and as long as SafetyPay still has the funds derived from the payment transaction, SafetyPay will take the necessary steps to manage the refund of the amount paid within 15 (fifteen) business days following the Buyer's revocation request to the Affiliate Merchant.
If the original transaction was made in a currency other than Brazilian Real, SafetyPay will contract a financial institution to perform a currency conversion in order to refund the transaction, and the applicable exchange rate will be the one applied at the time of the refund.
Chile
If the Buyer requests a refund for the total amount of the purchase for reasons unrelated to the product, they will have a period of 10 days to exercise the right of withdrawal, which will be counted from the date of receipt of the product or from the conclusion of the contract in the case of services, provided that the supplier has fulfilled the obligation to send written confirmation as established in Article 12A of Law No. 19496, on Consumer Protection. Otherwise, the period will be extended to 90 days. The right of withdrawal cannot be exercised when the goods, the subject of the contract, have deteriorated due to the Buyer's fault.
When the Affiliate Merchant so informs and requests SafetyPay, and as long as SafetyPay still has the funds derived from the payment transaction, it will take appropriate action to process the refund of the paid amount within 15 (fifteen) business days following the Buyer's revocation request to the Affiliate Merchant.
Costa Rica
If the Buyer requests a refund for the total amount of the purchase for reasons unrelated to the product, they must request it on the next business day after receiving the product, from the Customer Service Center of the Affiliate Merchant.
In the case of services, the Buyer may exercise their right of revocation only if there is no period exceeding 10 (ten) business days between the contracting of the service and its provision.
When the Affiliate Merchant so informs and requests SafetyPay, and as long as SafetyPay still has the funds derived from the payment transaction, it will take appropriate action to process the refund of the paid amount within 30 (thirty) business days following the Buyer's revocation request to the Affiliate Merchant.
Ecuador
Buyers who purchase goods or services online are entitled to a right of return, which must be exercised within three days after receipt of the goods or services directly with the Affiliate Merchant, as long as their nature allows it and the condition of the goods is the same as when received. In the case of services, the right of return will be exercised by immediately terminating the service provision contract.
When the Affiliate Merchant so informs and requests SafetyPay, and as long as SafetyPay still has the funds derived from the payment transaction, it will take appropriate action to process the refund of the paid amount within 15 (fifteen) business days following the Buyer's revocation request to the Affiliate Merchant.
Mexico and Guatemala:
If the Buyer requests a refund for the total amount of the purchase for reasons unrelated to the product, they must make the request on the next business day after receiving the product, at the Customer Service Center of the Affiliate Merchant.
In the case of services, the Buyer may exercise their right of revocation only if there is no more than 10 (ten) business days between the contracting of the service and its provision.
When the Affiliate Merchant so informs and requests SafetyPay, and as long as SafetyPay still has the funds derived from the payment transaction, SafetyPay will take the necessary steps to manage the refund of the paid amount within 15 (fifteen) business days following the Buyer's revocation request with the Affiliate Merchant.
Peru:
If the Buyer requests a refund for the total amount of the purchase for reasons unrelated to the product, they must make the request on the next business day after receiving the product, at the Customer Service Center of the Affiliate Merchant.
If the Buyer has made an overpayment for a product that has defects in quantity, the Buyer may request a refund of the overpaid amount by reporting it to the physical and/or virtual Customer Service Center of the Affiliate Merchant, following their own procedures.
The Buyer may exercise their right of restitution with respect to the products and/or services contracted in case the Affiliate Merchant has engaged in aggressive or misleading commercial practices, by reporting it within a maximum period of 7 (seven) calendar days counted from the day on which the purchase of the good or service was made, or from the day of its receipt or initiation of its execution, whichever occurs later, at the physical and/or virtual Customer Service Center of the Affiliate Merchant.
When the Affiliate Merchant so informs and requests SafetyPay, and as long as SafetyPay still has the funds derived from the payment transaction, SafetyPay will take the necessary steps to manage the refund of the paid amount within 15 (fifteen) business days following the Buyer's revocation request with the Affiliate Merchant.
II.XII In case the Buyer identifies any irregularity in the operation of the SafetyPay Platform or is informed by the Affiliate Merchant that the funds did not reach their bank account, SafetyPay will make all necessary efforts to provide the available information within its reach in the electronic files of SafetyPay for the corresponding clarifications, as long as no more than 90 natural days have elapsed since the date of the transaction in question. Otherwise, the Buyer will have to contact their Financial Institution to make the corresponding clarifications.
To proceed with the clarification process, the Buyer must send an email to soporte.usuarios@paysafegroup.zendesk.com as indicated in the first paragraph of this agreement, in accordance with their Territory, providing the following information:
• Transaction number
• Transaction amount.
• Name of the Affiliate Merchant
• Product or Service purchased
• Date and, if applicable, time of the transaction
• Receipt (Boucher) showing the payment of the transaction.
Any other information that may assist in locating and identifying the case in question.
SafetyPay, once the aforementioned information is received, will have 10 business days to analyze the request for clarification and issue a resolution indicating the following:
- Transaction Status, confirming whether it was successful or failed.
- In case of a successful transaction, confirm the date on which the Affiliate Merchant was notified of the transaction in question.
- In case of a failed transaction, confirm whether the funds are in transit in SafetyPay's account.
- Finally, if the funds are in transit, SafetyPay will have 10 business days to refund the corresponding amount to the User's bank account.
The records emanating from SafetyPay's records, regardless of the support of such records (including but not limited to electronic, magnetic, optical records, etc.), shall constitute sufficient and conclusive evidence of the acts and operations carried out by You for the purpose of resolving any dispute that may arise. In case of contradiction between the records emanating from SafetyPay’s records and the records emanating from the Buyer's records, the records emanating from SafetyPay's records shall prevail. The authenticity of SafetyPay's records shall persist until the moment when, by means of a final judicial decision of a competent court, their falsity is judicially declared.
III. APPLICABLE JURISDICTION.
This Agreement is governed, interpreted, and executed in accordance with the laws of the Territory. If You use this Site and/or view any material or content or services offered on this Site, and you violate or infringe any applicable law within the Territory or are not authorized to view or use this Site, then you must immediately exit.
The use of this Site and the SafetyPay Platform implies that you have no limitations or restrictions to use it. This Agreement is governed, interpreted, and executed in accordance with the applicable legislation of the Territory, and any dispute regarding the interpretation or execution of the Terms and Conditions shall be submitted to the competent courts of the Territory. If any provision or condition set forth in these Terms and Conditions is deemed illegal, void, or for any reason unenforceable, then such provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions or conditions.
The provisions of these Terms and Conditions, and each obligation stated herein, constitute the entire agreement between you and SafetyPay regarding this Site and its use. A printed version of these Terms and Conditions and any notice provided electronically shall be admissible in judicial and/or administrative proceedings, subject to the applicable laws of the Territory. In case of inconsistency between these Terms and any Term(s) subsequently published, the latter or latest publication shall prevail.
IV. SUBSIDIARIES.
The following are the subsidiaries by Territory that are authorized to provide the payment solution service through the SafetyPay Platform, for all applicable purposes.
Argentina
SafetyPay Argentina S.A.
Córdoba Av. 487 Floor 6 Dept. "K", Buenos Aires - Argentina.
This subsidiary operates under the brand PagoEfectivo.
Brazil
Safetypay Brasil ServiÇos de Pagamentos, Ltda.
Barueri, State of São Paulo, at Avenida Andrômeda, nº 885, room 3.303, Alphaville, Brascan Century Plaza Building, CEP 06473-000.
Chile
Safetypay Chile, SpA
Nevería 4515, Las Condes, Santiago.
Colombia
Safetypay Colombia, S.A.S.
Calle 125 #19 - 89 Floor 5, Primeholding Business Center, Bogotá.
Costa Rica
Safetypay de Centroamérica, S.A.
San José-Santa Ana District Primero Santa Ana, 200 meters north of the Red Cross, Plaza Murano Building, Eighth Floor, Bufete Advice Legal Studio.
Ecuador
Safetypay, S.A.
Avenida Vicente León N7-49, between Avenida Esmeraldas and Olmedo, Quito.
Guatemala
5th Ave 5-55 Zone 14, Tower II, 3rd Level, Office 301, Euro Plaza World Business Center.
Mexico
Saftpay México, S. de R.L. de C.V.
Río Lerma 232, Floor 23, Suite 2370, Cuauhtémoc, C.P. 06500, Mexico City.
Peru
Saftpay del Perú, S.A.C.
Av. Circunvalación del Golf los Incas 170, Santiago de Surco 15023.
Last publication and update date April 5, 2023.