Subscriber Contract

Date: May 30th, 2018


This Agreement with the Subscriber (hereinafter the "Agreement") is a legal agreement between you (hereinafter the "Subscriber" or "Consumer") and UNIPAGOS, S. DE RL DE CV (hereinafter "UNIPAGOS" or the "Provider") with the participation of UNIPAGOS GARANTÍA DE VALORES, AC (hereinafter "UNIPAGOS AC") that contains the terms and conditions that govern the use of the mobile wallet and mobile transaction services provided by UNIPAGOS (hereinafter referred to as the system"). Please read this Contract carefully. To use the System you must accept all the terms and conditions contained in this Agreement. If you do not accept the terms and conditions of this Contract at all, you must refrain from installing or using the System.

Considerations


1. UNIPAGOS declares through its legal representative:
1.1. That is a company duly constituted under Mexican law, as established in Policy No. 772 dated April 29, 2013, granted under the faith of Lic. Julio Manuel Rivera de los Reyes, Notary Public No. 56 of the Federal District, and registered under mercantile folio No. 498,855;
1.2. It has its address at Av. Paseo de la Reforma 243 Piso 18, Col. Cuauhtémoc, México DF, CP 06500, and is registered under the Federal Taxpayer Registry UNI130429M16;
1.3. Its legal representative, identified later, has all the necessary powers to execute this Contract and to sign on behalf of Unipagos; such powers have in no way been limited, modified or revoked; and
1.4. That it has the technical capacity and infrastructure necessary for the provision of the services described herein.

2. The Consumer declares:
2.1. That you have the legal capacity necessary for the execution of this Contract and are bound by the terms and conditions thereof; and
2.2. That you has the desire to enter into this Contract.

THEREFORE, in consideration of the mutual agreements and agreements contained in this and other products and values considered, the receipt and sufficiency that are recognized by this means, the Parties agree as follows:

Terms and Conditions


1. System
The system allows the Consumer to: a) make purchases from certain merchants that use the payment processing services of UNIPAGOS ("Participating Merchants") at the points of sale or online, b) carry out the payment transactions of invoices of certain providers of services ("Authorized Providers"), c) carry out the payment of mobile telephone recharges and of federal, state and municipal taxes, d) deposit of funds to the Consumer or third-party bank accounts, and send and receive funds towards or from other Subscribers of the System. ("Authorized Transactions").

A list of Participating Merchants and Authorized Suppliers will be published and may be available to Consumers at any time on the UNIPAGOS website.

When registering and using the System (in accordance with the procedure determined in Clause 2), the Consumer authorizes and designates UNIPAGOS as their agent for the management and process (directly or through a person designated by UNIPAGOS) of their Account, in accordance with the instructions of the Consumer and subject to the terms and conditions of this Contract.

We are not a bank, financial or credit institution, and we do not offer any type of banking, credit or exchange service as defined by the Credit Institutions Law and its rules / regulations. All Authorized Transactions are processed through the Master Account of UNIPAGOS, which is maintained in a legally authorized and regulated financial institution. We also do not offer any fundraising service.

2. Registration System
To use the System, the Consumer must first download the "Unipagos Wallet" application on their Smartphone, available in the Apple AppStore™ and in the Google Play™ store, and provide their Smartphone number. During the registration process, you must establish a Personal Identification Number (PIN) that you will use to prove your identity each time you access the System.

The System will automatically validate the information provided and will: a) send a Text Message to the Consumer's Smartphone confirming your registration to the System, and b) open a Level 1 account with UNIPAGOS (your "Account"). Finally, you must make an initial deposit to your Account through the mechanisms described in Section 4.

A Level 2 or Level 3 Account is required, as described in Clause 7, UNIPAGOS may request additional information from the Consumer, including his full name and other personal data. This additional information is required by Mexican law and will also be used to validate your identity, in case of any communication with our customer service staff. You must provide accurate and complete information in response to our questions and you must keep the information provided updated, or notify UNIPAGOS of any change in accordance with the procedure set forth in Clause 16. We reserve the right to suspend or terminate any Subscriber's Account that provides inaccurate or false information.

3. Your Account
Each Account is assigned to a Subscriber. Each Account is in Mexican Pesos and all references to money in the System are made in the currency of legal tender in Mexico, unless expressly indicated otherwise.

The Consumer may add funds to his Account using any of the mechanisms described in Clause 4, which will be credited electronically in each Account, generally within a period of 5 minutes after the deposit is made. The Consumer can freely dispose of all the funds credited to his Account to carry out any Authorized Transaction.

All funds will be kept in a bank account of an authorized financial institution registered with the CNBV (the "Master Account"), managed by UNIPAGOS GARANTÍA DE VALORES A.C.. UNIPAGOS will keep all the funds of the Consumers in the Master Account, separated from their corporate funds at all times, which will be deposited in a different bank account. The funds of the Master Account will not be used to finance the business operations of UNIPAGOS or for any other purpose other than carrying out the Authorized Transactions, only for the purposes indicated by the Consumer and will not be voluntarily granted to its creditors in case of competition. mercantile or any other eventuality.

The Consumer may not use your Account for purposes other than performing the Authorized Transactions, and the Consumer shall be responsible for any misuse of the System. When carrying out any Authorized Transaction which implies a charge of funds from your Account, you authorize UNIPAGOS to use the corresponding amount in the Master Account. Upon receipt of the funds for any transaction, you authorize UNIPAGOS to deposit and maintain the funds in the Master Account.

UNIPAGOS does not charge fees or commissions for the opening of an Account or for adding funds through the mechanisms described in Clause 4 (i), and (iii), however a fee may be charged for the addition or receipt of funds through other mechanisms or the instruction to carry out an Authorized Transaction, as described in Annex 1 of this Contract. The current program of applicable rates will be available at any time on the UNIPAGOS website.

4. Aggregate Funds
The Subscriptor acknowledges that he can only add funds to the Account by any of the following mechanisms: i) deposits in the bank, (ii) deposits in a point of sale of a Participating Merchant, (iii) deposits in a bank teller, (iv) transfer bank of a Mexican bank through the SPEI, or of an international bank through SWIFT, (v) a transfer (purchase) with a credit or debit card, or (vi) deposit via money transfer service such as Western Union.

(i) For deposits in the bank: Present your deposit to the branch of any national bank and show the Unipagos Account number in your mobile wallet. This number will include the CLABE and reference number that is used to transfer money to your Account. The teller must provide the reference number as part of the transaction. Please, check carefully the receipt you receive from the cashier and check that the reference number is correctly specified. If there is an error, please ask the cashier immediately to make the correction.

(ii) For point of sale deposits from a Participating Merchant: When you make cash payments for goods or services at a Participating Merchant, you will have the option of receiving the change in your Account or depositing a certain amount in your Account. Just show the Unipagos Account number in your mobile wallet and the Participating Merchant will deposit the change or your deposit in your Account. Also, you can buy a pre-paid card, available to some participating merchants, and by registering the number included in the pre-paid card in the Unipagos mobile wallet, to be able to credit the funds to your account.

(iii) For deposits in bank tellers (Practicaja of BBVA Bancomer): In the Practicaja, the Consumer selects the option of making deposits and then provides his Unipgos account number, which is found in the Unipagos Account in his mobile wallet. When the deposit is completed, the Consumer will receive a Folio Number, which will be entered into the System, in order to register the deposit in the Consumer Account.

(iv) For electronic transfers: Each Consumer Account has an associated CLABE number, which can be used for national or international electronic transfers.

(v) For transfers using a credit or debit card: the mobile application is used to capture the card information and initiate the transfer. In general, funds will be available at the end of the next business day.

(vi) For deposits through national and international money transfer services : Each Consumer Account has a CLABE number associated with it, which can be used to transfer funds from a money transfer service with national or international scope.

5. Payment Instructions
The Authorized Transactions may only be instructed by the Consumer through their registered Smartphone, and using the PIN that the Consumer determined at the time of registration. By using the mobile wallet the Consumer may specify the Beneficiary ("Destination") and the amount of the payment ("Amount"). To confirm the payment, the Consumer only has to use his finger to swipe the Amount to the Destination.

The Consumer is personally responsible for the confidentiality of his PIN; By accessing the System through your registered smartphone and entering your PIN, your transactions will always be attributed to you.

The Consumer must have sufficient funds in his Account in order to comply with the payment instructions; otherwise, UNIPAGOS will not process said transaction.

The Consumer is solely responsible for the transaction instructed through the System. UNIPAGOS is oblivious to the obligation that gave rise to said payment instruction, and therefore, is not obliged to verify the amount, cause, recipient or any other circumstance related to the payment instruction.

6. Receiving Funds
By registering in the System the Consumer can receive funds from other Subscribers using the System. To receive the funds, you must provide a reference of the account to the sender. For the people you trust you can simply provide the phone number of your registered mobile device. For any other person, you can provide the public reference number, which will be found in your Unipagos Account in your mobile wallet, which will be provided once you register in the System.

7. Transaction Limits
Mexican law establishes certain limits on the amounts of money that can be added or used through your Account. UNIPAGOS has three different levels available to Consumers, each level of account has a different monetary limit, and requires different personal information of the Consumer. During the registration process, the Consumer will automatically be classified in Level 1, in case the Consumer requires that they be classified in the account level 2 or 3, they must provide the following information:

  Level 1 Level 2 Level 3
Name   X X
Birthdate   X X
Address   X X
Gender   X X
State   X X
Birthplace     X
Nationality     X
Occupation     X
Type of Business     X
Telephone Number X X X
Identification None Oficial Oficial

The monetary limits associated with the use of your Account at each account level are as follows (all amounts are expressed in UDI'S):

  Level 1 Level 2 Level 3
Balance 1,000 None None
Deposits (each) 250 1,500 1,500
Deposits (daily) 750 3,000 10,000
Deposits (monthly) 750 3,000 10,000
Payments (each)* 250/1,500 250/1,500 250/1,500
Payments (monthly) 1,000 6,000 6,000

*The first payment you make to a particular merchant will be limited to the first amount specified. After this first payment to said merchant, subsequent payments will be limited to the second amount specified.

8. Permission to Use Cards; Terms and Conditions
By using a card to make a transfer to the Unipagos System, you wrranty and certify that you are the legal owner of this card and that you are legally authorized to enter into a billing agreement with UNIPAGOS. In addition, you agree that (i) your card may be charged for the amount you have specified and (ii) that you will not dispute this charge with either the card issuer or the bank. If you have a dispute, you agree to contact UNIPAGOS directly and resolve that dispute in accordance with the rules of the Unipagos System. If you do not follow the rules established in this section, you acknowledge and agree that your access to the Unipagos system may be restricted and/or revoked.

9. Mobile Software License
The mobile software will allow the Consumer to access and use the System ("Software"). The mobile software will be provided to the Consumer at no cost. When installing the Software on your mobile device, you will be asked to create your user profile and establish an Account. You must complete this and other processes in order to use the System.

UNIPAGOS hereby grants through the powers that have been granted, a non-exclusive, non-transferable, limited, personal and indivisible license for the use of the software, solely in relation to the use of the System. The Consumer shall have the right to download updates to the System, subject to any additional terms disclosed to the Consumer at that time, when UNIPAGOS makes such updates available.

The license granted for the use of the Software is subject and conditioned for the Consumer to comply with the restriction established in this Clause. The Software is only for Consumer use, you will not be able to, or allow any third party to do any of the following:

a. Remove the copyright notices or the names of the original authors of the software;
b. Publish, exhibit, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Software or any part thereof; c. Execute any modification in the Software;
d. Grant sub-licenses, assign or distribute the Licensed Software to third parties;
e. Decompile or disassemble all or part of the Software, or create derivative works;
f. Copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the Software to a readable format;
g. Try to create the source code of the Software object code;
h. Transmit or facilitate the Software through a network where it can be used by multiple computers or devices at the same time;
i. Carry out any action that infringes the intellectual property or other copyrights of UNIPAGOS or any other provider of third-party Software;
j. Copy, reproduce, alter, modify, create derivative works, public demonstration, republish, upload, publish, transmit, resell or distribute in any material form or information of UNIPAGOS, and
k. Make or attempt to perform any action that may interfere with the proper functioning of the System.

The Consumer will not have any property rights over the Software, only a limited license to use the Software, as long as this Contract remains in force. The ownership of the Software and all intellectual property rights do not change in any way as a result of this license. Any other use of the Software by any other person, business, company, government agency or any other entity is strictly prohibited and is a violation of this Agreement.

10. Compatible Mobile Devices.
Your Account will allow you to make Authorized Transactions (as defined in Clause 1) on a compatible mobile device, according to the list published on the UNIPAGOS website. Modified mobile devices against the guidelines of the software or hardware manufacturer, including, but not limited to, disabling hardware or software controls, sometimes referred to as "jailbreaking," are not compatible mobile devices. UNIPAGOS does not guarantee that Unipagos Services will be compatible with the mobile devices indicated in the list published on its website.

11. Restricted Use.
The Consumer may only use the System to the extent that all laws, rules and regulations applicable to this type of transaction are complied with. When creating an Account, the Consumer confirms that he will not make any type of payment related to any illegal activity.

12. Unauthorized or Illegal Use.
The Consumer agrees not to use the System to accept payments of goods, services and illegal transactions, including but not limited to any type of good or service that infringes the intellectual property laws of others. The Consumer agrees not to use the System for any type of activity that may be considered fraudulent or illegal.

If the Consumer uses the System for purposes other than the performance of Authorized Transactions or the administration of his Account, including but not limited to the security manipulation or the operation of the System, ("hacking") or access through means not authorized or authorized, your Account will be canceled and the Consumer will be responsible for any damage or harm caused by his behavior, for such purposes UNIPAGOS may initiate actions and lawsuits that he deems necessary.

If there is any indication of an illegal or improper use of the System, including but not limited to the operations described in this clause, UNIPAGOS may reject a payment instruction, temporarily block access and use of the Account and/or cancel the Account of the Consumer. In such case, the Consumer shall be liable for any loss and damage caused by their conduct, for such purposes UNIPAGOS may initiate any legal action, including lawsuits and judgments deemed necessary.

The Consumer may only print and/or copy any information contained or published on the website exclusively for personal, non-commercial use. The reprinting, re-publication, distribution, assignment, sub-license, sale, electronic reproduction or by any other means of any information, document or graphic of the website, in whole or in part, for any use that is not personal and non-commercial, is expressly forbidden, unless UNIPAGOS has given prior authorization in writing.

13.Privacy Notice.
The privacy of the Consumer is very important for UNIPAGOS. By accepting this Agreement, the Consumer confirms that they have read, understood and accept the Unipagos Privacy Notice.

14. Customer Service.
You understand and accept that UNIPAGOS is not responsible for the goods and services you acquire through the use of the System. The Participating Merchants (they are account level 3 - receipt with name, address, telephone number of the merchant) and not UNIPAGOS, are those that provide those goods and services, and are responsible for the customer service related to those goods and services , including placing orders, order cancellations, returns, refunds and adjustments, discounts, functionality and warranty, technical support and issues related to Registered Merchant personnel, policies or processes.

All Participating Merchants are also consumers of UNIPAGOS under a level of account 3, and are required to include in their receipts their full name, address and telephone number, so that the Consumer can contact them for any problem related to the goods and services provided.

15. Declarations and Notifications.
The Consumer accepts that UNIPAGOS may disclose information only if it is required by the competent authority and in accordance with the Privacy Policy referred to in Clause 13.

All notifications related to this Agreement (including any information of the Consumer Account), will be made electronically through the publication on the UNIPAGOS website, or by sending an email to the address registered in the Account of the Subscriber (if any) or the UNIPAGOS website, will be considered received within 24 hours after publication on the website, or within 24 hours of sending the email, unless the sender receives notification that the email was not sent. The parties will agree that the electronic notifications will have the same meaning and effects as if they were provided in hard copies.

16. Copyright
The System, the website, software, brands, logos and any other content are the property of UNIPAGOS or its owners, suppliers or subsidiaries and are protected under copyright, trade secrets, trademarks, intellectual property, inventiveness, software and any other applicable laws and its copy, reproduction, sale or any other commercial use or distribution not authorized by UNIPAGOS is forbidden.

UNIPAGOS reserves all rights not expressly granted to you in this Contract. UNIPAGOS holds the title, copyright and other international intellectual property rights (as defined below) on the System and all its copies. For purposes of this Agreement, "Intellectual Property Rights" refers to all patent rights, copyrights, rights over layout-designs of integrated circuits, moral rights, advertising rights, registered trademarks, commercial image and rights of trademark service, good faith, trade secret rights and any other intellectual property rights that may exist or come to exist, and all applications and registrations thereof, renewals and extensions thereof, according to the laws of any state, country, territory or jurisdiction.

If you enter or publish any type of information on the UNIPAGOS website or in the System, you grant UNIPAGOS a non-exclusive, perpetual, irrevocable, free, sub-licensable, international license on copyright or other rights in relation to with the published material. On the other hand, the Subscriber guarantees to have authority for the publication of said information.

17. Termination
2051/5000 The Consumer may terminate this Agreement at any time by closing his Account and ceasing to use the System. In order to close the Account, the Consumer must notify UNIPAGOS in writing. UNIPAGOS may terminate this Agreement and close your Account at any time upon notification to the Consumer. All notifications must be given according to Clause 15.

In case of termination, the balance of the Consumer Account will be reimbursed. The Consumer has the option of: receiving the refund via deposit to his mobile account (a supplement), or transferring it to another user. For such purposes, the Consumer will be charged a "termination fee", so that UNIPAGOS covers the administrative expenses corresponding to the reimbursement, which will not be greater than $20.00 pesos.

UNIPAGOS may suspend access and cancel the Consumer Account, without prior notice to the latter, in the following cases: (a) violation of the terms of this Agreement or of the Unipagos Policies, (b) presentation of a fraud risk for UNIPAGOS, or (c) provide false, incomplete, inaccurate or misleading information or in any way engage in fraudulent or illegal conduct. In such cases, the Consumer will pay, in addition to the "termination fee", a "conventional penalty" equivalent to 15% of the balance of your account, which will be deducted from your Account, before making any refund.

If the Consumer Account is canceled for any reason, it accepts: (a) to stop using the System immediately, (b) termination of the license provided by this Agreement, (c) UNIPAGOS will erase all the Consumer information in your database, and that UNIPAGOS will delete the Account and end with access to the System.

The termination of this Agreement does not relieve the Consumer of any obligation to pay for expenses accrued prior to the termination or any other amount owed as described in this Contract.

18. Indemnification.
The Parties will indemnify, defend and remain harmless to each other (and their respective employees, directors, agents, affiliates and representatives) of and against any type of claim, costs, losses, damages, lawsuits, tax assessments, fines, interest and expenses (including, without reasonable limitation, attorneys' fees) arising from any claim, action, audit, investigation, inquiry, or any other proceeding initiated by a person or entity arising out of or related to: (a) any actual or assumed breach by their representations, guarantees or obligations determined by this Contract, including without limitation, any violation of UNIPAGOS policies; (b) the improper or inadequate use of the System or Account; (c) violation of any third party right, including but not limited to any right of privacy, publicity rights or intellectual property rights; (d) violation of any law, regulation or regulation of Mexico or any other country.

19. Representations and Guarantees.
You represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you are qualified to register and use the System and have the legal capacity to enter into and be bound by this Agreement, (c) the name with which you identify yourself when registering is your name or business name; (d) you and all operations initiated by you must comply with all federal, state, and municipal laws, rules and regulations applicable to you and / or your business, including applicable tax laws and regulations; (e) you will not use the System, directly or indirectly, for any fraudulent purpose or, in order to interfere in any way with the operation of the System, and (f) the use of the System must be done in accordance with this Agreement.

20. Garantías.
1277/5000 THE SYSTEM IS PROVIDED "AS IS" AND "ACCORDING TO AVAILABILITY". TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SYSTEM IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNIPAGOS OR FROM THE SYSTEM WILL CREATE WARRANTY WHICH IS NOT EXPRESSLY STATED IN THIS DOCUMENT. WITHOUT PREJUDICE TO THE FOREGOING, UNIPAGOS, ITS PROCESSORS, ITS SUPPLIERS, OR AGENTS (AND ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SYSTEM WILL ADJUST TO YOUR NEEDS; THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THE SYSTEM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SYSTEM WILL BE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA RESULTING FROM SUCH DOWNLOADS.

UNIPAGOS WILL NOT BE A PARTY TO OR WILL IN ANY WAY MONITOR THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

21. Contractual Penalty
In the event that the Consumer can not access the System or use the funds to carry out Authorized Transactions, for a period greater than 24 hours derived from a failure in the Unipagos System, ("Period of Interruption"), UNIPAGOS will reimburse the Consumer Account the fees charged by UNIPAGOS and charged to the Consumer Account, for each Authorized Transaction that could not be processed satisfactorily in the Interruption Period.

Additionally, in the event that the funds paid to the Consumer Account are lost or used for a transaction not attributable to the Consumer, as described in Section 5, UNIPAGOS will reimburse said amount in the Subscriber's Account within a period of 5 days. Skillful following notification of the Consumer.

UNIPAGOS will not be responsible or will pay any reimbursement if the Consumer can not access the System or use its funds due to the lack of internet connection in their mobile device or any failure of the mobile operator of the system, or any third party system, different from the System of Unipagos.

22. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT UNIPAGOS, ITS PROCESSORS, ITS SUPPLIERS OR ITS AGENTS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY, INCLUDING BUT NOT LIMITING DAMAGES FOR LOSS OF BENEFITS, PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, AS A RESULT OF THE USE OF THE SYSTEM. UNDER NO CIRCUMSTANCES UNIPAGOS BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE AS A RESULT OF PIRACY, ALTERATION OF, OR ACCESS TO OR USE OF UNAUTHORIZED SYSTEMS, YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNIPAGOS, ITS PROCESSORS, ITS SUPPLIERS OR ITS AGENTS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS OR INACCURACIES OF CONTENT; (II) INJURY OR DAMAGE TO THE PROPERTY, OF ANY NATURE, AS A RESULT OF THE ACCESS OR USE OF THE SYSTEM, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SAFE SERVERS AND/OR ANY PERSONAL INFORMATION STORED WITH THEM; (IV) ANY INTERRUPTION OR STOPPING OF THE TRANSMISSION OF OR FROM THE SYSTEM, (V) ANY ERROR, VIRUSES, TROJANE VIRUSES OR SIMILAR THAT MAY BE TRANSMITTED TO THE SISTMEA THROUGH THIRD PARTIES; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGES RESULTING FROM THE USE OF ANY CONTENT POSTED,, TRANSMITTED BY EMAIL, OR MADE AVAILABLE THROUGH THE SYSTEM, AND/OR (VII) CONTENTS OF THE SUBSCRIBER OR DEFAMATION, OFFENSE OR ILLEGAL CONDUCT IN RELATION TO ANY THIRD PARTY. IN NO EVENT UNIPAGOS, processors, AGENTS, SUPPLIERS OR AGENTS (OR ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, RESPONSIBILITY, LIABILITY, DAMAGES, LOSSES OR EXPENSES IN AN AMOUNT EXCEEDING THE 30,000.00 MEXIAN PESOS.

THIS LIMITATION OF LIABILITY APPLIES EVEN IF THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF UNIPAGOS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN APPLICABLE JURISDICTION.

23. Jurisdiction and Applicable Law
This Contract shall be subject to and construed in accordance with applicable law in the United Mexican States.

In case of any controversy derived from the interpretation, execution, and fulfillment of this Contract, the parties expressly submit to the jurisdiction of the Federal Courts of Mexico, in the event that a Federal Court declines jurisdiction, the Courts of the City of Mexico, Federal District; expressly waiving any other jurisdiction, which may correspond to them because of their present or future domiciles or for any other reason.

PROFECO will be the competent authority under an administrative regime to resolve any controversy related to the interpretation of compliance with this Contract.

24. Modifications
UNIPAGOS may change or add terms and conditions of this Agreement at any time upon approval of PROFECO, and change, eliminate, suspend or impose conditions on any characteristic or aspect of the System, which will be binding upon approval by PROFECO and its publication on the UNIPAGOS website or, by notifying the Subscriber, whichever comes first.

25. Assignment
This Agreement and all rights and licenses granted may not be transferred or assigned by the Subscriber, and any attempt to assign them will be null and void and will have no effect. UNIPAGOS may assign or transfer, without restriction, this Agreement or any right contained therein, upon notification by the Subscriber, who may terminate this Agreement, without liability.

26. Third Party Services and Links to Other Websites.
You may receive offers of services, products and promotions provided by third parties and not by UNIPAGOS ("Third Party Services"). If you decide to use these Third Party Services, you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that UNIPAGOS is not responsible for the execution of these services. The UNIPAGOS website may contain links to third party websites as a convenience for you. The inclusion of a link to the website does not imply approval, endorsement or recommendation by UNIPAGOS. You agree that you will access any website at your own risk, and that the site is not governed by the terms and conditions contained in this Agreement. UNIPAGOS expressly declines any responsibility for these web pages. Please remember that when you use a link to go from our website to another, our Privacy Policy will no longer be in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to the rules and policies of that website.

27. Customer Service
In case of any question related to the System or a failure report, the Consumer may contact UNIPAGOS through the website: http://unipagos.com.mx or, send an email to info@unipagos.com.mx.

28. Other Provisions.
Except as expressly provided in this Agreement, these terms are a complete statement of the agreement between you and UNIPAGOS, and describe the entire liability of UNIPAGOS and its vendors and suppliers (including processors) and the exclusive remedy with respect to your access and use. of the System.

If any provision of this Agreement is invalid or unenforceable under applicable law, then it will be modified and construed to meet the objectives of that provision to the fullest extent possible under applicable law and the remaining provisions will continue in full force and effect.

The headings that are included are only for your convenience, and will not be considered in the interpretation of this Agreement.

The Agreement does not limit the rights that UNIPAGOS may have under trade secrecy, copyrights, patents, or other laws.

The failure of UNIPAGOS to enforce any right or provision, under this Contract, shall not constitute a waiver of such right or provision. No waiver of any provision of this Agreement shall be deemed a subsequent or continued waiver of such provision or any other provision.

ANNEX 1

FEES


Service Applicable Fee
Receipt of funds via electronic interbank transfer Unipagos Commercial Offer
Receipt of funds via bank deposit
Receipt of funds via ATM
Payment of Services
Payment for Airtime
Payment via interbank electronic transfer
Transmission of funds person to person