General conditions of use for the "InitiumPay Consumer" service
(version 1 – 09/05/2022)
These terms of use constitute the contract ("Agreement") between the user ("User") and InitiumPay Ltd ("InitiumPay"). InitiumPay with registered office 20-22 Wenlock Road London - England - N1 7GU, Company Number 13872502. InitiumPay Ltd is an operator enabled to build payment instruments on authorized bank circuits.
1. Services
InitiumPay will provide User with the following services ("Services"):
• Webapp for accessing and using an electronic money account ("Account") of a provider enabled for the service as required by current legislation where it is possible to deposit funds, make direct payments or payments with linked debits cards and consult reports (as provided by the agreement between the User and Provider Account);
• Webapp (and / or App available on the Apple Store or Play Store) for access to payment services that allow to make and collect payments, ("Infraconto Payment Service") in P2P mode;
• a service that allows the User to access to a Cashback Program enabled in all of the Community partners, for purchases made online ("Partner Platforms") and in offline stores ("Affiliate Merchant Network")
• An application that allows User to participate in promotional and competition initiatives reserved for members of the Community.
1.2. WebApp and InitiumPay App
In order to access and use the Services, you must have a device ("Device"), which has access to data connectivity, through a browser or / and which has installed the InitiumPay mobile application (the "App").
1.2.1. Use of the App and webapp ("applications")
InitiumPay grants the User a non-exclusive, non-transferable and free license to use the Applications in accordance with this Agreement and the rules and policies of the platform from which the User downloaded the App. This license also governs the developments or updates that InitiumPay will make available unless the latter releases a new license at the time of development or update.
The User undertakes not to distribute, publish or otherwise transfer the App and the contents of the Webapp to third parties.
When the User downloads and uses the App, InitiumPay has access to some information of the User's Device, such as the IP address, the name of the Device, the version of the operating system and the geolocation data; when the User uses the App and the webapp, they connect via their Internet connection.
The User agrees not to:
• translate, manipulate or decrypt, create derivative works or otherwise interfere with any element of the App, or assist another person in doing so;
• use the App illegally, for unlawful purposes, in any way that does not comply with this Agreement, or act in a fraudulent or malicious manner (for example by entering data, applications or code that may cause damage to the App or to the operating system);
• collect information or data from the App or InitiumPay systems or attempt to decrypt any transmission to or from the servers that provide the Services;
• Upload any content that is or may be considered civic inappropriate or offensive.
InitiumPay may interrupt the use of the InitiumPay services by the User, including the use of the App and the Webapp, if the User uses it for illegal or immoral purposes.
InitiumPay may from time to time update or modify the applications:
• in order to comply with legislative or regulatory changes;
• offer new services; and / or
• to implement minor technical adjustments and improvements.
InitiumPay will be responsible for informing Users when updates for the App are available. Some of these updates may be mandatory if you intend to continue using the App; and some older versions of the App may become obsolete or cease to be supported over time.
As regards access to the webapp features, no update will be required.
By using the Applications, the User allows InitiumPay to collect and use technical information on the Devices and related software, hardware and peripherals. This allows InitiumPay to improve its products and provide the User with its services.
1.2.2. Application Access and Maintenance
InitiumPay, in order to make the tools made available to users more and more efficient, will be able to carry out maintenance interventions by giving specific preventive communication to customers, if such maintenance involves service interruptions beyond 60 minutes.
InitiumPay is not held responsible for any consequences resulting from the unavailability of the App as a result of any technical problem that is beyond its control. This includes the unavailability of connectivity and technical problems with the User's Devices.
1.2.3. App security
To access the App, the User is required to create or use certain security details, such as the PIN code. The User is responsible for the custody of the Device and the security details, to prevent third parties from accessing the App without his authorization.
The User must take all necessary measures to avoid the loss, theft or unauthorized use of the Device. The User must not disclose any details relating to the Services to third parties, except as necessary to authorize an Operation.
In case of suspicion that the Account or the security details have been violated, the User must inform InitiumPay as soon as possible. It is necessary for the User to keep their security data safe, without disclosing them. Failure to comply with these rules will be considered as a form of gross negligence and may invalidate the possibility of claiming compensation for any losses suffered.
1.3 Infringement Payment
Within the available applications, the user, the Partner Platform provider and the Merchant will be able to exchange digital currency in the Comparison mode.
1.3.1 Giving instructions for payments from your account
In order for a payment from your Account to be correctly executed in P2P mode, you will need to give us instructions in the following ways:
- from the applications, by selecting the recipient of your In-Account Payment from the list or by scanning the identification QRcode and entering the amount, or by scanning the QR code generated by the collection order provided by the recipient;
- from the payment gateways integrated into the portals of the partner platforms, by logging in with the credentials;
For each method envisaged, it will be necessary to approve the transaction with authorization provision by entering a specific code.
1.4. Cashback program
1.4.1. InitiumPay Community Program
With each purchase made through the applications on the "InitiumMallsquare partner platforms" and in the "affiliated merchants", the user will receive a cashback of various kinds as defined in the "cashback conditions" of each partner or affiliate.
The nature of the cashback may vary according to percentage values on the purchase and may be recognized under specific conditions. By way of example but not limited to, a percentage of the amount of the first purchase or of all purchases may be recognized, in specific periods or permanently.
Cashback can be used for new purchases on all affiliated merchants and partner platforms.
1.4.2. Cashback crediting times
The User will obtain the cashback at the same time as the payment operation for his purchase and will find in the dedicated reports a list of the transactions carried out and the related cashback credit.
1.5. Applications for promotional and competition programs and campaigns
Joining the community will allow the user to participate in promotional initiatives and competition activities, which will be communicated to the community from time to time through the applications, following the regulatory constraints in force in the country of reference.
1.5.1 Promotions
InitiumPay reserves the opportunity to identify specific promotional offers that may be subscribed by users during new registrations. These promotions will allow users to enjoy discounts on Service Fees or free trial periods.
1.5.2 Prize events
InitiumPay may promote prize operations or competition initiatives in order to reward its users by encouraging the use of the applications provided.
2. Communications
2.1. How the User can contact InitiumPay
The User can contact InitiumPay using the "Ticket Support" function present in the applications. Alternatively, the User can contact InitiumPay via the email address privacy@initiumpay.com or by post at InitiumPay Customer Services, the company's headquarters.
2.2. How InitiumPay can contact the User
InitiumPay can contact the User through the applications. However, if necessary, InitiumPay can contact the User by e-mail, through push notifications, social media or by telephone, using the data provided by the User in the applications.
Should such data change, the User must promptly inform InitiumPay.
2.3. Language
If this Agreement, other terms and conditions or any notice or other document relating thereto are provided in a language other than English, the latter shall prevail in the event of a conflict, it being understood that the language of the place of residence or domicile of the User may also apply in case of mandatory provisions in favor of the consumer.
2.4. Copy of the Agreement
The User may request a copy of this Agreement from InitiumPay which will be sent free of charge by e-mail.
3. Interruption of Services
InitiumPay may suspend the use of the Services by the User if he has reasonable doubts about the security of the Account or suspects that the Services have been used fraudulently, immoral or unauthorized or that the User has violated his contractual obligations, as well as when the User has used offensive, obscene, vulgar, profane or defamatory terms in relation to InitiumPay and its employees and / or represented. In such cases, the User cannot use the App to perform any Operation.
The User will be informed of this suspension and the reasons underlying it as soon as possible, unless this could reasonably compromise the security measures or is contrary to the law.
InitiumPay can revoke this suspension and, if necessary, issue, free of charge and as soon as possible, new security codes, if the reasons that led to the interruption of the Services have ceased.
4. Right of reconsideration
The User has a period of 14 days to exercise his right to reconsider. Within this period, the User must withdraw from this Agreement without any penalty and without specifying the reason. This period begins with the acceptance of this Agreement. It is understood that any Transaction carried out during the 14 day period is not affected by such withdrawal.
5. Termination of the Agreement
The User can withdraw from the Contract at any time by contacting InitiumPay directly.
InitiumPay may terminate this Agreement with immediate effect in the following cases:
• if the User does not provide all the information that InitiumPay needs to open or operate on the Account or use the Services; or
• if the User terminates the relationship with the supplier of the matched Account; or
• if the User violates a relevant part of (or repeatedly the) Agreement and does not remedy his behavior within 10 days; or
• if the User uses the Services in a way judged by InitiumPay as malicious or illegal; or
• if InitiumPay believes that the provision of the Services to the User may harm the business and reputation of InitiumPay and / or expose InitiumPay to any danger or risk of loss or liability against it; or
• this is required by law.
InitiumPay may terminate the Agreement without any reason by giving the User 60 days' notice.
6. Duration
This Agreement represents a framework agreement of indefinite duration under the Payment Services Act, as amended from time to time.
7. Purchases
InitiumPay is not responsible for the safety, legality, quality or any other characteristic of the goods and services purchased using the Services. Any complaints must be reported directly to the Partner Platforms and Affiliated Merchants in question.
If a Partner or an Affiliated Merchant provides a refund via InitiumPay, for purchases paid for in-account payment mode, for any reason (for example for the return of defective goods), it may take several days for InitiumPay to receive notification of the refund and the funds. . Therefore, InitiumPay will re-credit the refunded funds to the Account within five days from the date of return.
8. Changes to the Agreement
Any changes to this Agreement will be communicated to the User with 60 days notice of their effectiveness, with the exception of changes that are required by law or those that do not affect the rights and obligations of the User, which will become immediately effective. . This will allow the User to evaluate the changes that require prior notification and, if in disagreement with them, to terminate the Contract pursuant to Article 5.
A copy of the most updated version of this Agreement is made available in the applications and, at any time, on the InitiumPay website.
9. Privacy Policy
InitiumPay is the data controller of the User's personal data and manages and protects them in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 concerning the protection of individuals with regard to the processing of personal data. , as well as the free circulation of such data ("GDPR") and other applicable data protection laws (the "Applicable Privacy Provisions").
InitiumPay will collect and process personal data relating to the User in accordance with the privacy policy available at the following website www.InitiumPay.com/it-it/privacy/, which the User declares to share by accepting this Agreement.
10. Personal Data
InitiumPay is subject to confidentiality obligations. Therefore, InitiumPay will not transfer the personal data collected except in the case of authorization or where required by law or explicitly authorized pursuant to this clause and / or the privacy policy.
At the time of establishing the commercial relationship with InitiumPay, the User authorizes InitiumPay to transfer their personal data, pursuant to and for the purposes of the GDPR, to third parties or other parties whose involvement is necessary for InitiumPay in order to provide the its payment services, including third parties appointed by InitiumPay pursuant to the agreements concluded on data processing and pursuant to the privacy policy. In such cases, the third parties must be located in a state belonging to the European Economic Area and InitiumPay will guarantee that they are subject to confidentiality obligations equivalent to those applicable to it pursuant to the laws of Luxembourg and the privacy policy.
The data collected can be stored in compliance with applicable laws and the privacy policy.
Pursuant to applicable law, the User has the right to request access to their personal data, as well as the right to request the rectification of such personal data.
The User agrees to communicate to InitiumPay any modification of the data in his possession as soon as possible and to provide InitiumPay, upon request, with any further information that it may deem useful for maintaining a commercial relationship and / or required by laws or regulations. applicable.
The use of InitiumPay applications is subject to the privacy policy available on its website.
11. Complaints
If the User is not satisfied with the Services, he can represent this circumstance to InitiumPay, at the addresses indicated in Article 2.1, so the latter can make every effort to try to solve the problem. InitiumPay will promptly send the User a notice of receipt of the complaint as well as a copy of its complaints management procedure.
The User can in any case request more details as well as a copy of the complaints handling procedure at any time. The User undertakes to collaborate with InitiumPay and to provide the information necessary to investigate the complaint and resolve it as quickly as possible.
For complaints in respect of which the User is not satisfied with the response of InitiumPay, the User can contact the European Consumer Center.
12. Intellectual Property Rights
All the contents present in the applications (including the underlying material such as codes, software and databases) and the related copyright and other intellectual property rights, unless otherwise specified, belong to InitiumPay or have been granted by the latter. licensed. All the contents of the applications are protected by the laws and international treaties on intellectual property.
Intellectual property rights are understood as all contingent and future conferred intellectual property rights including, by way of example, copyright, trademarks, service marks, design rights (whether registered or not), patents, know-how, industrial / commercial secrets, inventions, set-ups, rights relating to databases and any request for the protection or registration of such rights and all their renewals and related extensions existing in every part of the world, already existing or created in the future, to which the licensor may be entitled.
13. Links relating to websites
InitiumPay may provide links to other content such as websites, web applications and downloadable applications. Unless otherwise indicated, such contents are not under the control of InitiumPay which therefore does not assume or accept any responsibility for such contents of third parties. The provision of a link is indicative only and does not imply any endorsement of the linked content or of whoever has control over it.
14. Partial invalidity
In the event that one or more articles or provisions of this Agreement are to be considered illegal or unenforceable, in whole or in part, by effect of the law, such article or provision or part of it is to be considered not forming part of the Contract. In this case, the validity and applicability of the rest of the Contract are not affected.
15. Assignment
The User agrees that InitiumPay may assign this Agreement or the resulting credits to third parties. If InitiumPay arranges this transfer, it will promptly notify the User.
16. Applicable law and competent court
This Agreement and any disputes or claims (including disputes or non-contractual claims) arising out of or in connection with it or its subject matter or formation are governed by and construed in accordance with English law.
The Parties acknowledge and agree that for the resolution of any dispute or claim (including disputes or non-contractual claims) arising out of or in connection with this Agreement or its subject matter or training, the place of jurisdiction of the residence or domicile of the 'User.