These terms and conditions of use (the "Particular Terms") describe the rights, responsibilities and obligations of the Parties with respect to the Mastercard® Prepaid Card service (the "Services" and the "Prepaid Card", respectively) offered to Users through the App.
All capitalized terms not defined in these Particular Terms shall have the meaning given to them in the General Terms of Service.
The User must read, understand and agree to all of the conditions set forth in these Particular Terms and other policies and principles incorporated by reference prior to using the Prepaid Card Services. These Particular Terms are supplemental to the General Terms of Service, and acceptance of these Particular Terms necessarily implies acceptance of the General Terms of Service. In any case, the use of these Services implies the acceptance by the Cardholder of these Particular Terms in their entirety and of the General Terms of Service accordingly.
1. CARDHOLDER STATUS
1.1. The Prepaid Card is an unnamed, personal and non-transferable card, which allows Users to make payments for goods and/or services at any merchant and/or website in the world that accepts Mastercard as a means of payment and for the purchase of goods and services and through the use of different channels such as face-to-face, online, telephone payments, or any other channel enabled for such purposes. Any improper use of the card may result in the blocking of the card or the User's account. The Prepaid Card may be: (i) physical; and/or (ii) virtual, which allows only electronic transactions, and does not require physical delivery. Transactions made with the Prepaid Card are the sole responsibility of the User, who must safeguard it and preserve the confidentiality of its password.
1.2. In order to acquire the Prepaid Card, the User may request its issuance through the Application, which shall be subject to compliance with the Particular Terms and the requirements indicated by the Developer from time to time. Any User over 13 years of age who has correctly registered his/her data in the Prepaid Card application form established in the Application may be a holder of the Prepaid Card (the “Cardholder”), except for those who, by provision of the card issuer, may not have access to the card. For the purposes of generating the Prepaid Card, the Developer will use the information provided by the User through the Application, as a previously validated User. In case of any omission or inaccuracy in the data provided by the User or additional information necessary to issue the Prepaid Card, the Developer will request such information to the User. The User shall accurately, truthfully and completely provide all personal data, documents and information requested. The User undertakes to keep such data, documents and information updated in the Application. Notwithstanding the foregoing, the Developer may also request proof or additional information to complete or corroborate the information provided by the User.
1.3. In all cases, the Prepaid Card is personal, unique and non-transferable, and shall be assigned to a single Cardholder and is prohibited from sale, assignment or transfer (including reputation) under any title whatsoever. The Cardholder may not permit or authorize the use of his or her Prepaid Card by any third party.
1.4. The Developer may reject an application for a Prepaid Card, suspend or cancel the same in case of detecting inconsistencies in the data, documentation and/or information provided by a User, in case the User does not provide the requested information correctly, and/or in case of non-compliance with the Particular Terms and/or requirements indicated by the Developer in the Application. Furthermore, the Developer reserves the right to review the applications and active Prepaid Cards of the Users, and to reject and/or cancel the Prepaid Cards, at its sole discretion.
2. DELIVERY
2.1. The physical Prepaid Card is a personal, unnamed and non-transferable plastic card, which may be used to make payments in person, by means of capture or contactless terminal, by internet, telephone or any other enabled channel. At the time of completing the Prepaid Card application, the Cardholder shall indicate a means of delivery, either: (a) pick up through any of the offices indicated in the Application; or (b) delivery at the address indicated by the Cardholder.
2.2. Charges may apply for delivery of the Prepaid Card, which will be informed in the Application. In case of loss, theft or misplacement, the Cardholder may request a replacement of the physical Prepaid Card, which may have an additional cost that will be informed to the Cardholder in due time and will be debited from his/her Belo Account.
2.3. Once the Prepaid Card has been received, the Cardholder shall associate it and enable it through the Application so that it may be used in accordance with the provisions of Clause 3.
2.4. The delivery of the Prepaid Card at the address indicated by the Cardholder shall be made by hand to any person of legal age and under no circumstances shall it be delivered to minors. Delivery shall be made by showing a valid identity card or passport and signature on the recipient's form. In case the Prepaid Card cannot be delivered at the informed address, the Card Holder's e-mail will be notified that the item is at the branch of the mail company assigned according to the area of residence.
2.5. After 30 (thirty) days have elapsed without the Cardholder having picked up the Prepaid Card, the plastic shall be destroyed and the Cardholder shall request its replacement.
2.6. In the event that the Prepaid Card is damaged and/or its reprinting is necessary, the Cardholder shall request its reprinting through the Application, which may be subject to costs that will be informed in the Application.
3. USE
3.1. The Prepaid Card may be used within the validity term informed on its front, subject to the balance of funds available in the Belo Account and within the daily use limits for operations determined by the Developer or by the associated service networks. The consumptions with the Prepaid Card are cancelled in Argentine Pesos, so the Developer will perform the exchange between the selected cryptocurrencies on account and order of the User. Any improper use of the card may result in the blocking of the card, the cancellation of the product or of the User's account.
3.2. The Card Holder acknowledges that he/she is solely responsible for the use of the Prepaid Card and acknowledges that the Developer is not liable for the obligations arising from the use of the Prepaid Card. No claims shall be made by the Card Holder against the Developer or the Third Party Providers used by the Developer to provide this Service. The Holder acknowledges and accepts that when entering into transactions with third parties, he/she does so of his/her own free will, giving his/her consent freely and at his/her own risk and responsibility.
3.3. Any cancellation of a purchase transaction must be requested by the Holder to the establishment where the purchase was made. At the time of the cancellation request, the Card Holder must obtain the corresponding cancellation voucher directly from the establishment. In the event that the balance has been debited from the Belo Account, the Card Holder must send such receipt through the customer service channels of the Application, so that the claim can be escalated. Notwithstanding the foregoing, as there are third parties involved in the claim process for cancelled purchases, the Developer is not responsible for the delays or minimum or maximum terms in which refunds are made.
3.4. The Prepaid Card may be used to withdraw funds in the Republic of Argentina at the associated establishments. Under no circumstances may withdrawals be made outside the Republic of Argentina. These cash withdrawals may be subject to charges, which will be informed in the Application.
3.5. The amounts of the transactions made with the Prepaid Card plus applicable taxes and Fees will be debited from the balance of funds available in the Cardholder's Belo Account at the time, in full and in a single debit. The fees, charges, commissions and other items applicable to the Prepaid Card (the “Fees”) will be processed by the Developer and are specified, published and detailed on the Platform and may be consulted by Users at any time. If the available funds in the Belo Account are not sufficient, the transaction will not be authorized. Transactions made with the Prepaid Card may be consulted in the movements of the Cardholder's Belo Account. Likewise, the use of the Prepaid Card shall be subject to the existing balance in the Belo Account, according to the payment profile determined by each User. Consumptions with the Prepaid Card are paid in Argentine Pesos. Therefore, if the User foresees in his/her payment profile that “Bitcoin”, for example, will be debited, the Developer will make the exchange between the corresponding currencies on behalf of the User. Refunds, if applicable, will be made in Argentine Pesos.
The Prepaid Card is not a credit, debit or purchase card, so it is not possible to quantify the consumptions.
3.6. The Registrant may corroborate all the operations carried out in the activity section of the Application.
3.7. Disavowals and Chargebacks: The acquisition of goods and/or services by the Cardholder using the Prepaid Card as a means of payment generates a relationship between the Cardholder and the supplier of such goods and/or services outside the Developer, therefore, such transactions may not be revoked or cancelled by the Developer. The request for cancellation of a transaction shall be made personally by the Card Holder to the supplier of goods and/or services and, once the corresponding receipt is obtained, such claim shall be submitted so that, subject to approval, the Developer may reimburse the amount of the cancellation to the Card Holder's Belo Account in the Application.
3.8. Transactions in cryptocurrencies or foreign currency. The Holder accepts and acknowledges that international transactions in foreign currency or those paid in cryptocurrencies will be converted to Argentine Pesos at the official exchange rate of the Banco de la Nación Argentina on the day of registration of the charge, plus additional costs. Therefore, the Holder declares to know and accept that the date of the transaction may not coincide with the date of registration. The Holder accepts and acknowledges that transactions in foreign currency may be subject to taxes, deductions or withholdings determined by the controlling authority according to the regulations in force and charges applied by the Developer. Any current or future taxes, deductions or withholdings applicable to such transactions shall be charged to the Holder, and shall be debited from the Holder's Belo Account in the manner indicated for the ASSOCIATED COSTS in the Application.
4. SECURITY AND CONFIDENTIALITY
4.1. The Cardholder must keep his or her Prepaid Card in a safe place. It is the Cardholder's obligation to protect the Prepaid Card data, such as front numbers, expiration date and security code, from being accessed by third parties. Cardholders shall be solely and exclusively liable for all transactions made through the use of the Prepaid Card.
4.2. In the event of any loss, theft, robbery or suspicion of any unauthorized use of the Prepaid Card, the Cardholders shall immediately proceed to “report” the Prepaid Card through the Application. Such action will result in the immediate cancellation of the Prepaid Card and it cannot be reactivated. If the Card Holder fails to comply with this commitment, he/she may be held liable for the transactions carried out by third parties.
4.3. The Card Holder releases the Developer from any liability related to (i) transactions not carried out due to suspicion of financial crimes, (ii) transactions carried out from his/her Prepaid Card, (iii) transactions carried out by unauthorized third parties as long as the Card Holder has not blocked his/her Prepaid Card after a situation of theft, robbery or loss.
4.4. Pause. The Cardholder may pause and unpause the Prepaid Card at any time through the App. The pause has a duration of 72 hours, after which it will be automatically reactivated.
5. TERM AND TERMINATION
5.1. The Prepaid Card shall be valid from the activation date provided in Clause 2.3. until the expiration date stated on the front. Upon expiration of such term, the Prepaid Card shall be automatically cancelled.
5.2. The Cardholder may request the voluntary cancellation of its Prepaid Card at any time through the Application. In case of expiration and/or cancellation of the Prepaid Card, the Cardholder may request a new Prepaid Card through the enabled channels, in accordance with the provisions of Clause 1. Once cancelled, the issuance of a new Prepaid Card shall be subject to the applicable Fees.
5.3. In addition, the Prepaid Card may be cancelled or suspended at Developer's sole discretion, without limitation, in the following cases: (i) report of damage, loss, theft or robbery of the Prepaid Card as provided in Clause 5.2. (iii) suspicion of fraud, illegal, prohibited or contrary to good customs use (for example, subscriptions to services that are not paid for) at the sole discretion of the Developer, External Providers linked to the issuance of the Prepaid Card and/or Mastercard, (iv) suspension or cancellation of the Cardholder's Belo Account, (v) failure by the Card Holder to provide the requested information or documentation, (vi) in case it is not used by the Card Holder for a period of 3 (three) months, without requiring prior notice to the Card Holder, and (vii) for breach of these Particular Terms and requirements set forth in the Application.
6. MODIFICATIONS TO THE PARTICULAR TERMS
The Developer may modify the Particular Terms at any time. The Developer shall notify the changes to the Cardholder by publishing an updated version of such Particular Terms with the date of the last modification. All modified terms shall become effective on the date of their publication.
7. INFORMATION TO BE PROVIDED TO CONTROL AUTHORITIES
Consent to the processing of Personal Data. The Cardholder expressly authorizes the Developer and/or the External Providers to provide Pomelo Fintech Services S.A.S., the Central Bank of the Argentine Republic, the Financial Information Unit (UIF) and/or any other competent authority and/or agency that may request it, as appropriate, information about the Cardholder and/or related to its transactions or holdings. The Cardholder authorizes the Developer and its related companies to process such information and use it to carry out the operation of the Prepaid Card. Notwithstanding the fact that the Cardholder has access to his/her personal data existing in the COMPANY'S Databases, it is hereby stated that he/she may also access his/her personal information free of charge at intervals of no less than six months, unless a legitimate interest is evidenced. Likewise, the Cardholder may request, at any time, the updating, rectification and/or deletion of the personal data duly provided. For the purposes set forth in this paragraph, they shall send their request by e-mail to [email protected].
8. ASSIGNMENT
The Cardholder may not assign, transfer, delegate or dispose of the rights or obligations arising from these Particular Terms, in whole or in part. The Developer may assign, transfer, delegate or dispose of the rights or obligations derived from these Particular Terms or from its contractual position, in whole or in part, for which the Cardholder grants its prior consent for the performance of such actions. It shall not be necessary for the Developer to notify the assigned debtor of the assignment, pursuant to the provisions of articles 70 to 72 and concordant articles of Law No. 24,441.
9. PAYMENT SERVICE PROVIDER OFFERING PAYMENT ACCOUNTS
The issuer of the prepaid card is Paxsys S.A., which only offers payment services and is not authorized to operate as a financial institution by the Central Bank of the Argentine Republic. The funds in legal tender deposited in the Belo Account do not constitute deposits in a financial institution, nor do they have any of the guarantees that such deposits may enjoy in accordance with the applicable legislation and regulations regarding deposits of financial institutions.
10. REGULATORY FRAMEWORK
The Prepaid Card is not a credit, purchase or debit card, for which reason it is not subject to the provisions of the Credit Card Law No. 25,065. Its operation is governed by the provisions set forth in these Particular Terms, the General Terms of Service, the regulations of the Financial Information Unit (UIF) and the provisions of the Central Bank of the Argentine Republic (BCRA) that may be applicable, and by any other regulation that may be applicable in the future to this type of cards in the Argentine Republic.
January 6, 2025