Previous considerations

This agreement of terms and conditions of use (hereinafter the “Agreement”) contractually and legally binds the businesses and PAYMENTS LATAM SAC, with main address at Av. Arequipa N° 4704 Office 1006 district of Miraflores, province and department of Lima , regulated by Peruvian law (hereinafter “Payment”) regarding the payment management mandate that is executed. The so-called “merchant” consists of the natural or legal person who contracts the service with Payment. The Payment platform and services are provided exclusively to those who have the legal capacity to bind themselves and contract. Individual natural person user accounts will only be enabled for users of legal age, who within the registration process prove a valid identification number and meet the age of majority in their country of issuance, in the case of Peru, only older people will be able to access Eighteen (18) years old with a National Identity Document number.

Payment has no way to verify that the acceptance is binding, so it will be presumed that it is, when the user has entered the personal data and identification correctly. User accounts that do not comply with this regulation will be deleted. If the merchant requires one or more of the services (hereinafter the “Services”) offered by Payment, they must accept the conditions and terms of this Agreement. In the event that you do not agree with the content of the Agreement, you will refrain from using the Payment Services.

Payment is a collection and payment service company for the purpose of marketing and/or distributing third-party products and/or services. To enjoy the Services offered by Payment, the Merchant must carry out the technical implementation in accordance with the integration manuals and technical help documents offered by Payment. It will be mandatory for the merchant and its entire responsibility to make the necessary adjustments and technical developments in its system and websites in order to properly implement the Payment system.

Payment may at any time, modify the conditions and terms of this Agreement, and the validity of the changes or modifications will take effect immediately, from the moment it is included on its website or website or any other suitable means, informing about such modification on the same website. The Merchant will have a period of thirty (30) calendar days to accept or reject the incorporated modifications. If the modification is rejected by the merchant, giving notice during the period indicated for its opposition, Payment will terminate the Agreement and disable the services to the merchant without any compensation for the termination in question.

It will be the responsibility of the Merchant to review the modifications to this Agreement that are published on the portal. Payment will be empowered, without the need for requirements or formalities, to temporarily or permanently suspend, or limit merchant access in relation to Payment Services and/or use of its Channels, in the event of breach of the Agreement by the User. Use of the Payment websites is at the merchants’ own risk and the Products and Services are provided as set forth in this Agreement and as available, without express or implied warranties of any kind. type, including guarantees of commercialization, non-infringement of intellectual property or suitability for any specific purpose.

About the services

Payment offers collection and payment services to businesses as follows:

1. The collection of the money is carried out and managed directly by Payment or by third parties or networks designated by Payment.
2. It enables various means for the payment of the goods and services offered to its buyers, which can be online and offline.
3. Collects, at the expense and risk of the Merchant, the payments of the transactions made by the customers of the merchants.
4. Transfers the amounts collected to the account informed by the merchant through the contract. Payment collects money by way of payment management mandate and by virtue of a contract entered into with the merchant, which is why it is not intended to collect resources from the public. Likewise, it does not offer the provision of services of a financial or stock market nature.

Payment does not guarantee the authenticity or legality of transactions that are processed through its payment processing platform. The risk of fraud due to identity theft of a payer, or the illegality of a transaction are entirely assumed by the Merchant. In any case, Payment establishes some recommendations for suspicious transactions and provides an administration panel for the merchant to define their own parameters for suspicious transactions. Likewise, Payment has no control over the manufacture, import, export, distribution or commercialization of the goods and services offered by the Merchant. Therefore, it does not endorse their quantity, quality, suitability, safety or delivery.

Rates

Payment will charge as remuneration the prices agreed between the parties and which are in force at the time of making the link. The rates will be updated as stipulated in the collection contract.

The Merchant acknowledges and accepts that Payment will be entitled to charge a Service Fee for each Transaction it carries out. The amount of the Service Fee plus the General Sales Tax to be paid by the Merchant will be duly communicated to Payment.

Payment, will increase the Fees unilaterally, at any time, in the following events, in order to remain competitive in the market:

• When your business model undergoes changes that warrant it.
• When the increase in costs and conditions imposed by its suppliers, so require.
• When there are changes in tax regulations that justify it.

Payment will notify the Merchant of any modification to its Rates with a notice of thirty (30) calendar days, sent to your email.

If the Merchant has doubts about the amount, periodicity or manner in which the Fees or their modifications are applied, they must notify Payment, in order to clarify them.

Payment Obligations

Pursuant to this Agreement, Payment undertakes to:

• Exhaust reasonable efforts to offer the provision of a stable service and its obligations will have the quality of being means and not results.
• Provide its payment processing, collection, validation and transfer services without presuming the existence of a guarantee of any kind, regarding their availability, timeliness, quality, security, continuity, or suitability. Every effort will be made to provide the availability of the platform.
• Make tangible efforts to process transactions in the shortest possible time, without standard processing times being guaranteed. The obligation to process the transaction will be exempted when there are reasons of force majeure, fortuitous event or the fact of a third party that prevent it and in general of any event that exceeds its control in the processing.
• Validate transactions in order to help mitigate the risk of identity theft of payers, however, it is defined that the Merchant is the one who assumes said risk. The Merchant must define its own ranges and parameters for the definition of suspicious transactions and anti-fraud validation mechanisms.
• Provide services safely, adopting current security certificates and verifiable by the competent authority. It is obligated to make a timely transfer of collections to the bank account informed by the business within the established deadlines and in accordance with the contracted collection model.

Trade Obligations

The Merchant agrees to the following:

• Be responsible for the veracity and timeliness of the personal information that you enter on the website.
• Have the legally required capacity to contract either a natural or legal person and the due authorization to enter into the contract.
• Refrain from using the services to facilitate, hide, manage, invest or take advantage of money or goods from illegal activities in any way, or to give the appearance of legality to illegal activities and resources related to them.

It is mandatory for trading:

• Comply with the applicable regulations on the occasion of your commercial activity.
• Alert Payment about transactions that, due to their number and/or amount, deviate from the usual parameters, and therefore imply a risk of fraud due to identity theft or other illegal activities.
• Keep your physical address, phone number, email address, and bank account information up to date. Payment will be exonerated from claims due to improper notification originating from the existence of out-of-date data.
• Provide your buyers with true, reliable, sufficient, clear and updated information regarding the goods or services for sale, the price to be paid and their delivery.
• Provide your buyers with accurate information about your company name, tax identification number, judicial notification address, telephone, email and other relevant contact information.
• Address the claims of its buyers in terms of quantity, quality, suitability, safety and delivery of the goods or services sold.

Personal Data and Habeas Data

The Parties will give an adequate treatment to the personal data provided by the clients, in compliance with the applicable regulation. The Merchant authorizes Payment to process the personal data of customers for the following purposes: process payments, validate transactions, in order to mitigate the risk of identity theft of cardholders, send them promotional and advertising information from Payment.

Habeas data

If to comply with this Agreement, Payment collects personal data directly from users, it will act as Responsible for the treatment of said information and will comply with the provisions of Law No. 29733, Personal Data Protection Law and its regulations approved by Supreme Decree No. 003-2013-JUS or in any other standard that complements, adds or modifies them.

In accordance with current legislation, the Merchant is informed and accepts that, when registering on the Service’s Website, the personal data provided during said process, as well as those that are delivered, obtained and/or generated due to the use of the Service (data such as ID number, email address, cell phone number, among others) will be incorporated into an automated database owned by Payment. The Merchant expressly authorizes and accepts that said personal data may be used, communicated or transferred by it to related companies and their service providers, always complying with the provisions of the Data Protection Law, to the extent necessary or convenient to add new attributes or benefits to Users or improve the quality of the provision of services and products of Payment and its affiliates.

The registered Merchant may request the rectification, modification and/or cancellation of their data when they deem it appropriate, through the functionality enabled for such purposes on the Service’s website, in accordance with the Data Protection Law.

Prohibited and Restricted Activities.

The Merchant is solely responsible for verifying that its commercial activity complies with the applicable legislation, and that it has the necessary permits and licenses to carry it out. You will refrain from using the Payment Platform to carry out activities, or market goods or services, prohibited by applicable legislation, among the products and/or services restricted by Payment, or that imply a risk to Payment’s business reputation.

It is the obligation of the Merchant to monitor the legality of the goods or services offered, that of its business model, or that of the content of its websites. In the event of any claim made by Payment, the claim will be exonerated and the Merchant will be held legally responsible, immediately blocking the account and terminating the collection contract.

Payment may at its discretion block any or all means of payment, or partially or totally suspend the transfer of collected resources, when there are doubts about the improper use of the Platform. Likewise, you may terminate this agreement, at any time, and without any compensation, if based on information collected, you conclude that there are legal, reputational, or any other risks that prevent you from continuing to provide services to the Merchant.

The Products, Services and Payment Channels may not be used, without exception, for:

1. The violation of any national or foreign law, agreement, ordinance or administrative act of any nature.
2. To carry out acts, transactions or related activities, own or of third parties, that facilitate, constitute or may constitute crimes of drug trafficking, terrorism, kidnapping, money laundering, financing of terrorism and administration of resources related to terrorist activities or other crimes related to money laundering and terrorist financing.
3. To carry out their own activities or conduct or that of third parties, which incite or constitute illegal activities, violation of consumer rights, commercialization of stolen or illegally acquired goods, acts that promote hatred, ideological, racial or political discrimination, rape of patents or copyrights or any other act censored or prohibited by the applicable legislation in the countries where the Products or Services are used, acquired or promoted.
4. For carrying out transactions that violate personal or financial information of third parties, carrying out activities considered pyramidal, or activities of the financial sector, or that require permits or licenses from the competent authorities.

Reversals, Refunds and Chargebacks

Payment may debit a payment from the Merchant, even after the Merchant has delivered the goods or services sold when there is any reversal, chargeback or refund for any reason. The Merchant authorizes Payment to make the debits and withholdings in question.

A reversal is the refund that the payment processing network makes to a cardholder, of the value of a purchase, at the request of Payment, generally by instruction of the Merchant. Exceptionally, Payment will make reversals at the user’s request, at the request of a financial institution, or on its own, when the applicable regulation requires it.

Payment will manage reversals at the request of the Merchant. Exceptionally, it will do so at the request of the issuer of the payment instrument, based on a buyer’s claim, whenever the applicable legislation so provides, and provided that said issuer makes the technology available to do so.

A rollback will proceed when the following happens:

• When the buyer/payer has been subject to fraud.
• If Payment suspects fraud due to identity theft of the payer, in which case the reversal will be authorized by the Merchant.
• In the case of purchases not requested by the buyer.
• When charging and discounting more than once, the value of the same purchase to a buyer.
• When the buyer has revoked, before the issuer of the payment instrument and before the Merchant, his authorization to charge periodic payments to his cards or bank accounts and these have continued to be charged, after said revocation. It is necessary to clarify that Payment is able to reverse debits made with a credit card, but not to reverse debits made to bank accounts, since the issuer of said payment instrument has not implemented the way to do so.
• At the request of the Merchant, when the buyer has made a mistake in the selection of the product.
• At the request of the Merchant, when the buyer has exercised his right of withdrawal in accordance with the legally established procedure before the Merchant.

Duration and Termination

This agreement will have an indefinite duration. The Parties may terminate it at any time, without any reason, by giving ninety (90) calendar days written notice. The Merchant may terminate it in advance and unilaterally, notifying Payment, in the following events:

1. Rejection of modifications to the terms and conditions of the agreement, following the procedure established for it.
2. I disagree with the increase in their rates.
3. Breach of agreement by Payment.

Payment, prior notification to the merchant, may terminate this agreement early and unilaterally in the following events:

1. If the Merchant breaches its declarations or contractual obligations.
2. When it concludes that there are legal, reputational or any other risks that prevent it from continuing to provide services to the Merchant.

Limitations of Liability

In no event shall Payment, its affiliates, subsidiaries or related entities, administrators, legal representatives, sales representatives, suppliers or employees be liable for any loss or damage caused or caused in connection with its website by the services or the Agreement . Likewise, Payment is not a financial or financial services entity or entity supervised by the Superintendency of Banking and Insurance of Peru or any other competent authority.

The Account or Accounts opened by the Merchants do not constitute deposit, checking or savings accounts or any other financial product. The purpose of the Account is to reflect the values or sums of money collected by Payment and that are available to the Merchant for the use of the services offered. Any guarantee, complaint or request regarding the application, use or suitability of the services or products should be addressed directly to them. Payment is not responsible for the quality, use, rights or obligations existing between Users and their providers.

Payment does not represent or confirm that the information included in its websites or websites is available for use in other locations or geographies, and access to them from territories where their content is not legal is prohibited. Users who decide to access this website or website from other places do so on their own initiative, and will be responsible for compliance with the corresponding laws.

Payment Legal Actions

At Payment’s discretion, it may freeze for a period of time, resources or amounts of money collected or access to Accounts, if the Merchant performs or is performing any act, transaction or conduct that goes against or violates any of the provisions of the this Agreement. In this event, Payment may request additional information from the Merchant that allows clarifying the situation that is being presented, leaving Payment empowered to automatically terminate the use of the Accounts and/or its Channels. Payment may withhold any sum of money owned by the Merchants as an advance payment for any sanction, claim, payment of damages or compensation caused by the Merchants for the improper or inappropriate use of Payment products, services and/or channels. The foregoing without prejudice to legal actions that Payment may bring against the Merchant or third parties.

Authorizations

The use of patents, domains, websites, logos, trademarks, copyrights, industrial property, software (hereinafter the “Trademarks”) owned or developed by Payment must have the express and written authorization of Payment. Said authorization, if granted by the Merchant, does not include rights of exclusivity or temporary or permanent transfer in favor of third parties. Payment may at any time, without prior notification, make updates to its technological platforms, formats or documentation. Under no circumstances may this agreement, brands and channels be reproduced, altered, displayed, distributed, translated or duplicated without written authorization.

Taxes

Each Merchant is responsible for determining the applicable taxes according to its jurisdiction, residence or country of origin. The Merchants are responsible for withholding any applicable tax for each payment or collection, and for remitting said payments or withholdings to the competent authorities. Payment is not responsible for verifying or reporting whether or not a specific tax applies to transactions carried out by merchants. However, Payment may make any withholding for taxes in relation to the products or services. It is the responsibility of the Merchant to verify with its local authorities or advisors which taxes apply according to the case and jurisdiction.

Applicable Law

These legal terms will be governed and interpreted in accordance with Peruvian law.

In this sense, these Terms and Conditions are governed by Peruvian law, and any dispute related to them will be submitted to the jurisdiction of the Judges and Courts of Lima. Both parties expressly renounce any domicile that may correspond to them and accept the jurisdiction of said Judges and Tribunals for all legal purposes.

For the purposes of complying with the Consumer Rights Protection Law, the sending of the Terms and Conditions once accepted by the Merchant, will be carried out by electronic means, Payment is obliged to send a written confirmation of the fact of having they have been accepted. The aforementioned confirmation may be sent electronically or by any other means that Payment deems appropriate. The communication must contain a complete, clear and legible copy of this instrument.

Acceptance of Terms

It is presumed that when the Merchant accesses the website it does so under its full responsibility and that, therefore, it fully and unreservedly accepts the content of the terms and conditions of use of the website. Payment reserves, in all respects, the right to update and modify at any time and in any way, unilaterally, these conditions of use, privacy policies and the contents of the website.

This is a distance contract, framed in the Electronic Commerce Law 527 of 1999. Therefore, by pressing the “Accept” button through the electronic mechanisms used in the Payment platform, the Merchant signs this contract and through the acceptance of the “terms and conditions” of the same, accepts its content and therefore cannot oppose what is stipulated herein once it is accepted.

Payment requests the Merchant to carefully and carefully read these terms and conditions of use of this website, before beginning its exploration or use.

TRUTH :

By accepting this document, the Merchant declares that the information shared with Payment is complete, updated and true, and assumes responsibility for any inconsistency between the data provided and reality, under the premise that in such a case, it may become author of the crimes of fraud and falsification in documents, Likewise, declares that the “payment gateway” or “technological platform” object of the contract will be used for lawful purposes and in no way for the commission of any of the acts established as crimes according to criminal law.

These terms and conditions of use were last updated in January 2023.

What information PAYMENTS LATAM SAC collects

Eventually PAYMENTS LATAM SAC may request information from its clients, whose response in any case will be voluntary. This information will be used to link them to the company’s products and services and achieve a better understanding of their tastes, preferences and needs. Likewise, to keep them informed about new products, services and promotions. In order to link it with our service platform, it is necessary that you provide us with the following information, among others: name, ID, residence address, business address, personal telephone numbers, email and data such as name and telephone number of personal and commercial references. This information will be used to carry out the linking operation to the platform services.

How PAYMENTS LATAM SAC protects the information provided

PAYMENTS LATAM SAC does not sell, commercialize, or transfer the personal information that
you voluntarily decide to give us. PAYMENTS LATAM SAC is protected by a firewall, a tool that
allows us to control the reliability of the data in our system. Our users’ personal information is
only accessible by a limited number of people who have special access rights to these systems
and who are committed to maintaining the confidentiality of the data. In all cases, PAYMENTS
LATAM SAC will make confidentiality agreements with the companies contracted to process the
information, to guarantee its respect.

The specific purposes of the treatment and the rights that assist you as the owner in relation to
the information provided, are detailed in the authorization that you have granted us and in the
Personal Data Treatment Policies to which you have access through the following link:
https://payment-latam.com/

In the event of requiring additional information, you can obtain it by connecting by the following
means:

Area responsible: Management

Office address: Av. Arequipa N° 4704 Office 1006, Miraflores

Email: administracion@payment-latam.com

Telephone: (01) 758 2436

PAYMENTS LATAM SAC, a company incorporated under Peruvian law with main address at Av.
Arequipa No. 4704 Office 1006, Miraflores; and identified with RUC 20603630506.

What information PAYMENTS LATAM SAC collects

Eventually PAYMENTS LATAM SAC may request information from its clients, whose response in any case will be voluntary. This information will be used to link them to the company’s products and services and achieve a better understanding of their tastes, preferences and needs. Likewise, to keep them informed about new products, services and promotions. In order to link it with our service platform, it is necessary that you provide us with the following information, among others: name, ID, residence address, business address, personal telephone numbers, email and data such as name and telephone number of personal and commercial references. This information will be used to carry out the linking operation to the platform services.

How PAYMENTS LATAM SAC protects the information provided

PAYMENTS LATAM SAC does not sell, commercialize, or transfer the personal information that you voluntarily decide to give us. PAYMENTS LATAM SAC is protected by a firewall, a tool that allows us to control the reliability of the data in our system. Our users’ personal information is only accessible by a limited number of people who have special access rights to these systems and who are committed to maintaining the confidentiality of the data. In all cases, PAYMENTS LATAM SAC will make confidentiality agreements with the companies contracted to process the information, to guarantee its respect.

The specific purposes of the treatment and the rights that assist you as the owner in relation to the information provided, are detailed in the authorization that you have granted us and in the Personal Data Treatment Policies to which you have access through the following link: https://payment-latam.com/

In the event of requiring additional information, you can obtain it by connecting by the following means:

Area responsible: Management

Office address: CAL.GERMAN SCHREIBER NRO. 276 LIMA – LIMA – SAN ISIDRO

Email: administracion@payment-latam.com

Telephone: (01) 758 2436

PAYMENTS LATAM SAC, a company incorporated under Peruvian law with main address at Av. CAL.GERMAN SCHREIBER NRO. 276 LIMA – LIMA – SAN ISIDRO; and identified with RUC 20603630506.