TERMS AND CONDITIONS OF SERVICE
FIRST. PURPOSE – ADCEL, S.A. DE C.V. (hereinafter referred to as ‘ADCEL’) agrees to provide and ‘THE USER’ agrees to use ‘THE SERVICE’ to conduct business transactions via cellular telephone (hereinafter referred to as ‘THE SERVICE’), in accordance with the terms of this Agreement. To access ‘THE SERVICE’, ‘THE USER’ must have a cellular phone that is technically enabled to operate ‘THE SERVICE’.
SECOND. CONNECTION. – ADCEL’ authorizes ‘THE USER’ to connect to ‘THE SERVICE’ through the cell phone and after authentication through the phone line of your cell phone and your password, and thus can access the equipment and electronic computer systems (hereinafter the ‘Central Computer’ or ‘SYSTEM’) that ‘ADCEL’ has in operation.
THIRD. Once the connection referred to in Clause Two has been made, ‘ADCEL’ may have access to the bank accounts designated by ‘THE USER’, hereinafter referred to as ‘THE ACCOUNTS’, to carry out the following operations: a. Consultation of balances and movements b. Purchase of products affiliated with the app. c. Transfers to third party accounts. d. Change of password of the service, as well as all the information provided by ‘THE USER’ such as name, address, card, password, etc. e. Payment of Affiliated Services. f. Any other operation and/or service that ‘ADCEL’ may authorize in the future. g. Payment of affiliated contributions.
FOURTH. It is expressly established that the operations carried out under ‘THE SERVICE’ will be carried out in accordance with the following: a. ‘THE USER’ may only have a cellular phone and its respective cellular line number associated with ‘THE SERVICE’. b. The operations may be carried out if ‘THE USER’ has sufficient balance in ‘THE ACCOUNT’ in which the corresponding charge is to be made. c. In the case of consultation of balances and movements, the information that ‘ADCEL’ provides to ‘THE USER’ shall correspond to that which is recorded in its accounting records as of that date. d. The information and instructions that ‘THE USER’ transmits or communicates to ‘ADCEL’ when carrying out its operations, as well as the receipts issued and transmitted by ‘ADCEL’, shall have full probative value and legal force to prove the operation carried out, the amount thereof, its nature, as well as the characteristics and scope of its instructions. e. ‘ADCEL’ may freely establish the bases, requirements and conditions of operation of ‘THE SERVICE’, as well as the limit of transfers or contributions, having as a maximum, those allowed by the National Banking and Securities Commission. f. ‘THE USER’ may establish the amounts to carry out operations of the service and may modify them, without exceeding those defined by the current regulations of the Comisión Nacional Bancaria y de Procesos Automatizados, S.A de C.V. (PROSA)
FIFTH. ‘ADCEL’ will register ‘THE USER’ in ‘THE SERVICE’ after authenticating him/her by means of the elements it deems convenient, such as, but not limited to, the account number and/or plastic number associated to ‘THE ACCOUNTS’, cell phone number, expiration date, associated account number, security code or random questions of information registered in ‘ADCEL’ systems. Both parties agree that the telephone number that ‘THE USER’ registered and its password, serve as identification in the system and are used in place of the name and signature of ‘THE USER’, ‘ADCEL’ will rely on them in the same manner and for the same purposes and scope.
SIXTH. OPERATING MECHANICS – ‘ADCEL’ and ‘THE USER’ agree that ‘THE USER’ may contract ‘THE SERVICE’, according to the following operating mechanics: 1. At the moment of logging into the ‘SYSTEM’, ‘THE USER’ must fill in the requested field providing his/her CELL PHONE NUMBER, NAME, ADDRESS, BANK CARD, PASSWORD, ETC. 2. ‘THE USER’ will provide the data requested by the system to authenticate him/her as the holder of ‘THE ACCOUNTS’. 3. To enter the ‘SYSTEM’, ‘THE USER’ must define a numerical password (hereinafter referred to as ‘OPERATION/ACCESS PASSWORD’). 4. ‘THE USER shall confirm that he/she is aware of and accepts the terms and conditions of service contained in this Agreement and made available to him/her at http://www.mobilecard.mx/terminos.html 5. In the process of contracting ‘THE SERVICE’, ‘THE USER’ will provide the information requested by the system and once the information is verified by ‘ADCEL’, ‘THE SERVICE’ will be considered contracted. 6. For the operation of ‘THE SERVICE’, ‘ADCEL’ will validate ‘THE USER’ in the ‘SYSTEM’, when the latter logs into the system and provides his/her user number, plus the ‘OPERATION/ACCESS KEY’. 7. in order to perform any of the operations stipulated in this contract, the USER must invariably provide his/her password and CVV of the registered card. 8. ‘THE USER’ acknowledges and accepts the personal, confidential and non-transferable nature of his/her ‘OPERATION/ACCESS PASSWORD’ (hereinafter the ‘PASSWORD’).
SEVENTH – CONDITIONS FOR SERVICE PROVISION – ‘ADCEL’ will provide the services, subject of this contract, whenever they are requested by the means provided, on the days and hours that ‘ADCEL’ establishes for this purpose. ‘ADCEL’ shall not be obligated to provide ‘THE SERVICE’, in the following cases: a. When the information transmitted is insufficient, inaccurate, erroneous, incomplete, etc. b. When ‘THE ACCOUNTS’ are not associated or registered in ‘THE SERVICE’, or when they are cancelled even if they have not been cancelled in ‘THE SERVICE’. c. When charges cannot be made due to insufficient funds available in ‘THE ACCOUNTS’ or when ‘THE ACCOUNTS’ do not have a balance in their favor. d. Due to acts of God or force majeure, or any other cause beyond the control of ‘ADCEL’.
EIGHTH. CONFIDENTIALITY – ‘THE USER’ for all legal purposes, expressly acknowledges and accepts the personal and non-transferable nature of the ‘PASSWORD’, as well as its confidentiality. In the event that ‘THE USER’ becomes aware of or believes that there has been any breach of security such as theft or unauthorized use of his or her password or cell phone linked to the service, he or she must immediately notify ADCEL, in order to block access with that device or password.
NINTH. PAYMENT OF GOODS OR SERVICES THROUGH MOBILE PHONE – In the event that ‘ADCEL’ offers ‘THE USER’ a payment system for the purchase of goods and services through his/her cellular phone, ‘THE USER’ acknowledges and accepts that his/her password is equivalent to his/her electronic signature and is the means that identifies him/her when making balance withdrawals in ‘THE ACCOUNT’ through the use of his/her cellular phone equipment.
TENTH. COMMUNICATIONS AND SENDING OF INFORMATION – ‘THE USER’ authorizes ‘ADCEL’ to send any type of information, as well as notification of the operations of ‘THE ACCOUNTS’ associated with the service, whether they are passive, active or banking services, to ‘THE USER’S’ supplier that provides cellular telephone services or any other electronic service, so that said supplier may send communications to his/her cellular telephone number, e-mail or any other electronic means authorized by ADCEL.
ELEVENTH. TYPE OF INFORMATION – ‘ADCEL’ through this service may send to ‘THE USER’ information not related to ‘THE ACCOUNTS’. ‘ADCEL’, will determine the content and scope of this information, in the understanding that the use by ‘THE USER’ of the same, will not imply any responsibility for ‘ADCEL’. ‘ADCEL’ informs ‘THE USER’, who agrees, that the messages are sent in communication environments of the telephone company with which the USER has subscribed to its cell phone service, so that the integrity of the information once sent by ‘ADCEL’, adheres to the guidelines of such telephone company. ‘THE USER’ knows and assumes the security conditions under which ‘ADCEL’ offers the service.
TWELFTH. SAFETY MEASURES – In no event shall ‘ADCEL’ be liable for any damages, including, without limitation, direct, indirect, incidental or consequential damages, losses, expenses or expenses arising in connection with ‘THE SERVICE’ or its use or inability to use by any of ‘THE PARTIES’, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, system or line failure.
THIRTEENTH. SUBSTITUTION OF THE AUTOGRAPH SIGNATURE- By virtue of the stipulated in the previous clause, ‘ADCEL’ and ‘THE USER’ agree in terms of the established in the applicable legislation, that the use of the electronic means of identification foreseen in this instrument and the operations carried out by means of the transmission of data’ through the use of the keys and passwords in the ‘SYSTEM’, will substitute the autographic signature, both parties agree that the use of the keys and passwords serve as means of authentication, identification and expression of the consent of ‘THE USER’ in the ‘SYSTEM’ and that these will be used in substitution of the name and the autographic signature of ‘THE USER’. ‘ADCEL will rely on them in the same manner and for the same purposes and scope. Likewise, ‘THE USER’ hereby agrees to recognize, consider and/or accept as his/her signature the means of identification referred to in the second clause, or, if applicable, those that replace them. In no event shall ‘ADCEL’ be liable for any damages, including without limitation, direct, indirect, incidental or consequential damages, losses, expenses or expenses arising in connection with the use of ‘THE SERVICE’ or the inability to use it by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, or system or line failure. ‘ADCEL’ DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE PROVISION OF THE SERVICES SUBJECT TO THIS AGREEMENT, AS ITS RESPONSIBILITY IS LIMITED TO MAKING THE ELECTRONIC PLATFORM FOR MOBILE DEVICES AVAILABLE TO ‘THE USER’ AS A MEANS OF PAYMENT FOR THE DIFFERENT TRANSACTIONS PROVIDED FOR IN THIS AGREEMENT.
FOURTEENTH. MODIFICATIONS TO THE ELECTRONIC MEANS – ‘ ADCEL ‘ may at any time improve the quality of its services by establishing modifications to the rules of the ‘SYSTEM’ and/or to the access and identification procedures, with prior notice to ‘THE USER’ either in writing, through the ‘SYSTEM’ or by any other means, with 7 (SEVEN) working days prior to the effective date thereof, whose acceptance shall be understood by the use made of said ‘SYSTEM’ after they have come into force.
FIFTEENTH. MODIFICATIONS – ‘ADCEL’ reserves the right to make modifications to the clauses of this contract. It will be understood that ‘THE USER’ grants its consent to such modifications if it does not give notice of termination of this contract before the term of 15 (fifteen) calendar days expires, or if after this term it continues to carry out operations.
SIXTEENTH. PROCEDURE FOR CLARIFICATIONS – In the event that the USER has any clarification or complaint regarding the transactions or operations performed through the SERVICE, the USER may submit a written clarification or complaint to ADCEL in the following cases: a) When the USER does not agree with any of the transactions that appear in the electronic, optical or any other technology that has been agreed upon, the USER may submit a request for clarification within sixty calendar days from the date the service is fully provided. b) Once the request for clarification is received, ‘ADCEL’ will have a maximum period of forty-five days to deliver to ‘THE USER’ the corresponding opinion, except when the claim is for transactions made abroad, in which case the period will be up to one hundred and eighty calendar days. c) Notwithstanding the foregoing, ‘THE USER’ may request to ‘ADCEL’ the records of the transactions by e-mail to the address email@example.com, for which ADCEL will deliver to ‘THE USER’ such information via e-mail, within a term of 5 to 2010 business days, provided that the transactions were made in ‘THE USER’s’ own accounts during the one hundred and eighty calendar days prior to the requirement.
SEVENTEENTH. TERM: This Agreement shall have an indefinite term. However, ‘ADCEL’ reserves the right, at its sole discretion, and without notice to ‘THE USER’ to terminate this Agreement, discontinue or cease publication of ‘THE SERVICE’ without liability to ‘ADCEL’, its Affiliates or Providers. Notwithstanding the termination of ‘THE SERVICE’, the same will continue to produce all its legal effects between ‘THE PARTIES’, until ‘THE USER’ and ‘ADCEL’ have fulfilled each and every one of their obligations under the same.
EIGHTEENTH. TERMINATION.- ‘ADCEL’ may terminate the Contract without liability, by written notice to ‘THE USER’ sent by ‘THE ACCOUNTS’ or any electronic or physical means that ‘ADCEL’ deems convenient, in the following cases of breach by ‘THE USER’ a. If ‘THE USER’ terminates ‘THE ACCOUNTS’; b. If ‘THE USER’ fails to comply with its obligations regarding the management and operation of ‘THE SERVICE’ as well as with these Terms and Conditions; c. For improper use of ‘THE SERVICE’; d. For inactivity of ‘THE SERVICE’, e. For the mishandling of information contained or available on or through ‘THE SERVICE’; f. For the use of insults, defamation or any other conduct in violation of these Terms and Conditions; and g. For violation of applicable laws or international treaties relating to copyright or intellectual property, contained or available in the provision of ‘THE SERVICE’. ‘THE USER’ may suspend ‘THE SERVICE’ through the means that ‘ADCEL’ makes available.
NINETEENTH. JURISDICTION: For the interpretation, execution and performance of this agreement, the parties agree to submit to the applicable legislation and to the jurisdiction of the competent Courts of Mexico City, expressly waiving any other jurisdiction that may correspond to them by reason of their present or future domiciles. The present contract and the references contained herein constitute the expression of the will of the parties. Having informed the parties of the content and scope of this contract, ‘THE USER’ gives its consent by electronic means through the operation described in this contract and declares that its data and information provided are true and is bound by the terms of this contract. ANNEX ‘A’ DESCRIPTION OF SERVICES PROVIDED BY ADCEL THROUGH THE MOBILECARD® APPLICATION I.- General Description MobileCard® is a multi-carrier and multi-platform application for mobile devices that allows access to a catalog of products and services that ADCEL will offer to its users through said application. The catalog is hosted in a Web application that allows ADCEL to maintain each of the services and products it offers and that will be subject to the terms and conditions of the services that ‘THE PARTIES’ expressly agreed in the Service Agreement or may agree. This will allow each user of the application to have access to as many services and products as they have registered and to make purchases related to them. The transactionality related to these purchases is provided by web services external to the application. The mobile application is developed for four different platforms, which are: a) Android b) iOS (iPhone, iPod touch, iPad) Likewise, downloads will be made through: App Store (iOS) II.- User Interface User Login: Each time the user opens the application he/she is prompted to enter the username and password that he/she registered when he/she logged into the system. The screen prompts the user for the following fields: a) Username/Email b) Password The data is encrypted and sent to the service that services the server-side module. It responds with the result of the operation in a similarly encrypted manner. III.- User Registration The user must register in the MobileCard® system to make purchases of products and services as well as to access the functionality of the application such as consulting his/her transactions. The fields that the user is asked to fill in at the moment of registration are: Personal information (required) a) Password b) First name c) Last name e) No. G) Gender h) Country Card Data (optional) Bank Card Number Expiration Date Security Code Statement Address All fields are sent to the server for storage in the application’s databases. IV.- My Account Once registered, the user can change his personal data, user, password and card information through the ‘My Account’ module. V.- Consultation of Transactions The user can consult the transactions made through the MobileCard® application in the following periods: a) Today b) This Week c) This Month d) Previous Month The service shows the information of each transaction with the following data: a) Date b) Concept c) Charge VI.- Purchase of Products When the user enters the purchase section, a service is invoked to obtain the list of available products. When selecting the type of product, a new service is invoked with which the data corresponding to all the by-products granted by the selected product is obtained, detailing the cost of each one of them so that the user can choose what he/she wishes to buy. When selecting any of the products listed, you will be presented with a confirmation screen with the details of the product to be purchased and in which the following legend will be displayed ‘In this act, I authorize ADCEL, S.A. de C.V. to charge the amounts resulting from the commercial operations carried out through its multi-carrier and multi-platform for mobile devices that allows access to a catalog of products and services, as a payment instrument through the automatic charge to the card that I registered in your system. This authorization will be in force from the moment I enter my confidential electronic signature composed of a key, which approves the operation’, if the answer is yes, it is then necessary to enter the password associated with the user, the CVV2 Number (Security Code) and the expiration date of the card to ensure the legitimacy of the purchase. The above is represented in the following flow: a. The user downloads the application; b. The user registers; c. Log in with Username and Password; d. Log in to ‘My Store’; e. Select the store where the product will be purchased (T.A., IAVE, Dominos; etc.) f. Select the product to be purchased (Telcel, Iusacell, IAVE Prepaid, etc.); g. Select the by-product to be purchased (IAVE Prepaid 100 pesos, IAVE Prepaid 200 pesos, etc.). h. Confirm purchase by entering Password, CVV2 (Security Code), Card Expiration Date and IAVE Card Number; i. Make payment: i. Card Accepted: You will receive a number with purchase confirmation number; ii. Card Rejected: You will receive a Rejection message with the reason. VII.- Promotions When clicking on the image of the promotion, the user will be sent to the shopping section.
IMPORTANT: In terms of?? the applicable legal provisions, the transactions carried out by MobileCard/Adcel Mexico are not currently subject to supervision by the Mexican Authorities.