UPDATED:
2022-11-09
ZIMPLER PERU S.A.C – GENERAL TERMS AND CONDITIONS
1. PARTIES
- These General Terms and Conditions (the “Terms and Conditions”) are between you and Zimpler Peru S.A.C.
- By using the Service (as defined below) you agree to the Terms and Conditions.
2. ACCEPTANCE
- Acceptance by any means of communication by you, including, but not limited to, or through a representative and/or dependent with express powers and registered in the Public Registries of Peru and/or another document related to the provision of the Service, shall be understood as an unconditional acceptance of these terms and conditions described in this instrument. You agree that by the simple fact that you begin to use the Service, you are aware of the terms and conditions and as such you accept and consent to them unconditionally and expressly, producing all the legal effects that may arise from these terms.
3. THE SERVICE
- Zimpler is a payment service provider that facilitates payment transactions between you and a merchant providing you with services and/or goods (the “Merchant”).
- Zimpler’s payment services allows you to:
- retrieve your bank account information and share this information with the Merchant (“Select Account”);
- give Zimpler payment orders to initiate payments from your bank account to the Merchant (“Payin”); and
- receive payments from the Merchant to your bank account (“Payout”).
- For the Select Account and Payin, you are the service user. For the Payout, the Merchant is the service user (i.e., the Merchant gives Zimpler the payment order) and you are the payee.
- Zimpler shall provide the Service to you in accordance with applicable law and regulations.
- The Service is not offered by or affiliated with your bank.
- Zimpler is not a banking institution. Zimpler processes payments on behalf of the Merchant, through their own online banking accounts at their banking institutions.
4. TRANSACTION FLOW AND DATA
- You will use the Service by choosing Zimpler in the Merchant ́s online checkout and fill out the required details into the interface.
- For Select Account, you identify yourself to your bank with your security credentials supplied by your bank (e.g., a code or password) to select your bank account and by doing so also request that Zimpler shall share the retrieved bank account information with the relevant Merchant.
- For Payins, you give Zimpler a payment order to initiate a payment transaction from your selected bank account by signing the payment order with your bank issued security credentials.
- You acknowledge that once the payment order has been signed by you, the payment order cannot be withdrawn or revoked, and you hereby agree that you shall not attempt to withdraw or revoke the payment order through your bank.
- For Payouts, you receive the payment to your selected bank account. Zimpler acts as the payer's (the Merchant’s) payment service provider and your bank acts as the payee’s (your) payment service provider.
- All data transferred through the Service is encrypted. Your personalized security credentials are only forwarded to the corresponding input-field of your selected bank and never stored by Zimpler.
5. PERSONAL DATA
- Personal data about you is processed by Zimpler in accordance with Zimpler’s Privacy Policy.
6. ELIGIBILITY TO USE THE SERVICE
- To use the Service, you declare that you are at least 18 years of age and have the capacity to enter into legally binding agreements and the right to dispose of the assets available on your bank account.
- You may not use the Service if the usage results in a breach of third-party agreements and you are personally responsible for all such breaches.
7. SUSPENSION
- Zimpler unilaterally reserves the right to suspend, change or discontinue the Service at any time, without notice or liability:
- to comply with applicable laws and regulations including anti-money laundering and counter-terrorism financing laws and regulations and keep records thereof; and/or
- in case of fraud or other criminal or illicit activity, act or omission that might expose you or Zimpler to damage..
8. LIMITATION OF LIABILITY
- The purchase of goods and/or services from the Merchant is subject to the Merchant’s terms and conditions and Zimpler is not liable for the acts or omissions of the Merchant. For the avoidance of doubt, Zimpler is not a party to the purchase transaction between you and the Merchant. If you have any claim or request for a refund due to your purchase of services and/or goods from the Merchant such claims or requests shall be directed towards the Merchant.
- Zimpler does not warrant that the Service will be uninterrupted without errors, and Zimpler shall not be liable for any service interruptions caused by the interruptions or errors of a third party, including, but not limited to, power outages, system failures of your bank, or other interruptions or errors that may affect the Service.
- To the extent required by law, Zimpler shall in no case be liable to you for any direct or indirect loss or damages incurred due to your use of the Service.
9. INDEMNIFICATION
- You shall indemnify, defend and hold Zimpler, its subsidiaries, directors, officers, owners, agents, employees, information providers, licensors, licensees, consultants, contractors, and other applicable third parties (collectively, “Indemnified Parties”), harmless from and against any and all claims, demands, causes of action, liability, debt, penalties, fines, costs, and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by the Indemnified Parties arising from, related to, or which may arise from: (i) your misuse of the Service; (ii) any violation or breach of the Terms and Conditions (iii) any violation or breach of third party terms and conditions approved in connection with the Service (including but not limited to the terms and conditions of your bank and the Merchant); (iv) any dispute or litigation caused by your actions or omissions in with regard to the Service; or (v) your negligence or alleged violation of any applicable law or rights of a third party as a result of using the Service.
10. POTENTIAL FEES APPLIED BY THE BANK OR THE MERCHANT
- When executing a payment transaction through the Service, domestic or international payments may occur from time to time in which case a fee chargeable to your bank account may apply according to the terms and conditions between you and your bank. By using the Service, you acknowledge that you are solely responsible for all fees applied by your bank when executing domestic or international payment transactions.
- Zimpler does not charge you any fee for the provision of the Service. The Merchant may however charge you a fee for the Service which is regulated in the terms and conditions of the Merchant.
11. COMPLAINTS
- If you notice an error or malfunction of the Service, have a question or complaint concerning the Service, these shall be submitted to Zimpler via e-mail to support@zimpler.com. Zimpler shall answer your complaint by e-mail in English or, by your choice, Spanish.
12. FORCE MAJEURE
- Zimpler shall in no case be liable for any economic loss, delay, or failure in performance of the Service to the extent such loss, delay or failure is caused by fire, flood, explosion, war, strike, embargo, governmental requirements, civil and military authority, data trespass, denial-of-service attack, unlawful action by you or any other cause beyond Zimpler’s reasonable control or due any other event qualifying as a force majeure event under article 1315 of the Peruvian Civil Code.
13. SEVERANCE
- If any provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect. If any provision of these Terms and Conditions is so found to be invalid or unenforceable but would cease to be invalid or unenforceable if some parts of the provision were deleted or amended, the provision in question shall apply with such modification as may be necessary to make it valid and enforceable.
14. GOVERNING LAW AND DISPUTE RESOLUTION
- These Terms and Conditions shall be governed by the laws of Peru subject to any mandatory provisions under the laws of your country of residence. Disputes shall primarily be resolved by negotiations between you and Zimpler following a claim being filed by you in accordance with Clause 13. If you and Zimpler are not able to reach an amicable agreement regarding the claim, the dispute shall be resolved in accordance with the rules of civil procedure and before the Tribunals of Cercado Lima Centro.
