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Terms and Conditions 

1. Introduction.- 

CosmoPay Card, S.A. de C.V. (hereinafter “CosmoPay”), with Federal Taxpayer Registry CPC1511251R6, with address at Monte Líbano 235-3A, Lomas de Chapultepec neighborhood, Miguel Hidalgo City Hall, Postal Code 11000, telephone 5566758004 and email cs@cosmopaycard.com.mx , acts as a service provider for the issuance of prepaid credit cards, issued in turn by Cacao Prepaid Card, S.A. de C.V. CosmoPay is a subsidiary of Intercash Prepaid Limited (hereinafter "Intercash"), so this Website may also refer to certain services provided by Intercash or any of its subsidiary or affiliated companies, including CosmoPay. Any reference made to "we", our" or any similar or similar word, will be understood as referring to CosmoPay. Any reference to "you", "your" "your" or any similar or similar word, will be understood as referring to the User (as said term is defined below). 

2.- Consent of these Terms and Conditions. - 

These general terms and conditions (hereinafter the “Terms and Conditions”) govern your access and use of the website www.cosmopaycard.com.mx (hereinafter “Cosmo Pay Website”, as well as any request for Cards or any type of information that is carried out through it.The simple access to this web page constitutes an acceptance and express consent by any person who enters it with these Terms and Conditions, as well as with the Comprehensive Privacy Notice (hereinafter the "Privacy Notice") located at the following link.- Privacy Notice, which forms an integral part of these Terms and Conditions. By virtue of this, the entry and/or use by part of any person (hereinafter the "User") implies that the User has carefully read, understood and accepted these Terms and Conditions. 

3.- Definitions. -

For all purposes of these Terms and Conditions, the following terms defined in initial capitals will have the meaning indicated below in each case, regardless of whether said term is used in the singular or in the plural and without prejudice to other previously defined terms: 

 

a).- “BIN”: Means, by its acronym in English, “Bank Identification Number” or Card Identification Number, consisting of the first 6 (six) or 8 (eight) digits of the Cards, as appropriate. 

 

b).- “Cacao”.- Means Cacao Paycard Solutions, S.A. de C.V. 

 

c).- “Customer”.- Means any third party that enters into the Service Contract with CosmoPay. 

 

d).- “Service Contract”.- Means the Contract for the Provision of Services Related to Prepaid Credit Cards that is agreed upon and entered into by CosmoPay with each of its respective Clients. 

 

e).- "Confidential Information".- Means any information, documentation or data, whether in written, oral or electronic form or in any medium in which said information is represented or recorded, which by its nature is intrinsically confidential (including the information relating to the financial affairs, customers, suppliers or employees of the providing party) or that the providing party informs the recipient (at the time of supply) that it must be treated as confidential. 

 

f).- "IP".- Means all trademarks, service marks, copyrights, patents and any other intellectual property rights related to the Services. 

 

g).- “MasterCard”.- Means MasterCard México. 

 

h).- "Provider".- Means any third party (including Cacao, ASP, Intercam, MasterCard, a Network and any CosmoPay Affiliate) with respect to which CosmoPay contracts or manages the provision of the Services or any part thereof, from time to time. in time, in the terms established in the Service Contract. 

 

i).- "Services".- Means the following services to be provided by CosmoPay and its Suppliers in the terms agreed between the parties in the Service Contract and without prejudice to the provisions of said instrument: 

 

m).- “Cardholders”.- Means the natural persons designated by the Client, to whom the Cards will be delivered by instructions of the Client, with the balances that in each case the Client also instructs CosmoPay. 

4.- Manifestations. - 

The User declares to be a natural person over 18 years of age. The Terms and Conditions are at your disposal and at the end of them the last date of their update is shown in order to make you aware of any modification or update to them, among other aspects, to comply with the regulations applicable. 

 

The CosmoPay Web Page is merely informative regarding the Services provided by CosmoPay, therefore it is not possible to contract any type of Service or Cards through it. The delivery of the Cards offered by CosmoPay, as well as the provision of the Services, will be subject to the execution of the Services Provision Agreement between CosmoPay and the Client. The Contract for the Provision of Services will be available to the User once he so requests and has provided CosmoPay with the information requested through the CosmoPay Website. 

 

By using the CosmoPay Website, you agree to be bound by these terms and conditions, the Privacy Notice and any other policy included herein. 

 

If you do not wish to be bound by these terms and conditions, you must stop using the CosmoPay Website immediately. 

 

The User authorizes CosmoPay, directly or through third parties, to ask any question or investigation it deems necessary to validate the User's identity and/or authenticate their identity and information for the use of the CosmoPay Website. This may include, but is not limited to, information and/or documentation regarding the use of the CosmoPay Website or require you to take actions to confirm email address, cell/mobile phone number, and verification of information in databases. data from third parties or through other sources. This process is for internal verification purposes. 

5.- Scope of these Terms and Conditions.- 

As consideration for CosmoPay provision of the Services and in addition to all other fees and charges payable by Customer under the Service Agreement, Customer shall pay such fees as may be agreed to in the Service Agreement from time to time. that to the effect celebrate CosmoPay and the Client. 

7.- License.-

Subject to your acceptance and compliance with these Terms and Conditions, we grant the User a non-exclusive, non-sublicensable, revocable and non-transferable personal license to use the CosmoPay Website. 

 

Neither the CosmoPay Website, nor any part of the CosmoPay Website, may be reproduced, duplicated, copied, modified, sold, resold, distributed, visited or otherwise exploited for any commercial purpose, without our prior written consent. 

 

Except as expressly stated herein, these Terms and Conditions do not grant you any rights to our intellectual property. 

 

The license granted to the User in this section is conditioned on compliance with these Terms and Conditions. 

 

In the event that the User breaches any provision of these Terms and Conditions, their rights under this section will terminate immediately. 

8.- Ownership of Intellectual Property.- 

The CosmoPay Web Page is established as a means to provide information about the Cards and Services to be provided by CosmoPay in terms of the Service Contract, as well as to be able to collect information from any possible User interested in contracting the Cards and Services. , in the terms established in the Privacy Notice. The contracting of the Cards and the Services will be subject to the previous and written execution of the Service Contract, therefore, the Cards cannot be contracted through the CosmoPay Web Page. CosmoPay acts as a facilitating intermediary for the issuance of Cards for its potential Clients, which are issued by Cacao or by any other possible Provider that CosmoPay hires for that purpose; in this sense, CosmoPay does not issue the Cards or carry out any type of fundraising. The User expressly agrees and understands the foregoing. 

6.- Rates.- 

The CosmoPay Web Page contains references to IPs both owned by CosmoPay and by third parties, including but not limited to, property of Intercash, Cacao, Mastercard or any of their subsidiary and affiliated companies. ALL RIGHTS RESERVED. These Terms and Conditions do not grant the User any right to use any of said marks. 

 

The CosmoPay Website, including all information, data, communications, software, photos, videos, graphics, music, sounds, and other material that users may view on the CosmoPay Website, including message boards, chat, and other content (hereinafter the “Content”) is protected by copyright, and is the exclusive property of CosmoPay or its licensors. 

 

The User is solely and exclusively allowed to use the Content as expressly authorized by CosmoPay. 

 

Except for a single copy made for personal use, the User may not in any form or by any means, copy, reproduce, perform, display, modify, republish, upload, transmit or distribute part or all of any Content, document or information from the CosmoPay Website in any form or by any means, without the prior written permission of CosmoPay and the User is solely responsible for obtaining permission before reusing any copyrighted material made available on the Website CosmoPay. 

 

Any unauthorized use of the Content appearing on the CosmoPay Website may result in violation of copyright, trademark and other applicable laws and could result in criminal or civil penalties. 

9.- Prohibited Uses.- 

The User expressly declares that they will not use the CosmoPay Website (or any part of it) for any purpose contrary to the applicable legislation or that is prohibited by these Terms and Conditions. 

 

Without limiting the generality of the foregoing, User must not: 

 

- Use cheats, automation software (bots), hacks, mods or any other software designed to modify the CosmoPay Website. 

 

- Use the CosmoPay Web Page for any purpose other than obtaining Card information. 

 

- Modify or cause the files that are part of the CosmoPay Web Page to be modified. 

12.- Cookies.-  

A cookie is a small text file that a website, when visited by a user, asks the browser on their device to store in order to remember their information, such as their language preference or login details. 

 

We place cookies called first party cookies. 

 

We may also use third-party cookies—which belong to a different domain than the website you are visiting—for our advertising and marketing initiatives. 

 

To learn about the different ways in which cookies are used on our site, visit our Privacy Notice

11.- Use of the CosmoPay Website/Security Measures and Restriction of Use and Access.- 

The CosmoPay Website may be used by anyone over 18 (eighteen) years of age. Likewise, any person who is located inside or outside the Mexican Republic may access and use the CosmoPay Web Page subject to the restrictions regarding the issuance of Cards established in the Service Contract. 

 

CosmoPay reserves the right to restrict, prevent or block any User or person from the CosmoPay Website who for any reason: 

 

- Provide false or fraudulent information, including false information about the identification and address of the User. 

 

- Carry out any act to try to test or sabotage the vulnerability of the CosmoPay Website or violate or circumvent any security or authentication measures established by CosmoPay. 

 

- Use any type of software or device with the purpose of interfering, blocking or trying to prevent the use or proper functioning of the CosmoPay Website. 

 

- Carry out any act that has the purpose of altering or hacking the proper functioning of the CosmoPay Website or that in any way attempts to alter or modify the information, images or any content thereof. 

 

- Any violation or attempted violation of the security system or network of the CosmoPay Website may result in legal liability of a civil and even criminal nature. CosmoPay is committed to cooperating with the competent authorities to report any act that implies any violation of the CosmoPay Website or its security systems. 

The User has his rights that correspond to him as a consumer in terms of the applicable legislation, such as having access to the information he requires about the Cards, information that is duly displayed on the CosmoPay Web Page, as well as in these Terms. and Conditions. 

10.- User Rights.- 

The CosmoPay Website may contain links to third-party websites, such as a Cacao website or any other provider that are not owned by us or under our control (“Third-Party Sites”). 

 

CosmoPay does not control or endorse the content of such Third Party Sites; any access you make to Third Party Sites from the CosmoPay Website is at your own risk and responsibility. 

 

When you leave the CosmoPay Website to access a Third Party Site, you do so entirely at your own risk and subject to the applicable terms and conditions and privacy policy of such Third Party Site. 

 

CosmoPay does not assume any responsibility before the User or before any third party or authority, for the content or accuracy of the Third Party Sites. 

14.- Termination of Use.- 

The User acknowledges and agrees that CosmoPay may, at its sole discretion, terminate or suspend the User's access to the CosmoPay Website, with or without prior notice and for any reason, including, but not limited to, breach of these Terms and Conditions. 

 

Any suspicion of fraudulent, abusive or illegal activity may be grounds for terminating the relationship with the User or preventing access to the CosmoPay Website, and said activity may be reported to the competent authorities. 

 

Upon such termination or suspension, regardless of the reason, your right to use the CosmoPay Website will immediately cease. CosmoPay will not be liable to the User or to any third party for any claim or damages arising out of any termination or suspension, or any other action taken by us in connection with such termination or suspension. 

15.- Privacy Notice/Confidential Information.-

13.- Third Party Sites and Information.-

In terms of the provisions of the Federal Law on Protection of Personal Data Held by Individuals, its Regulations and other applicable provisions, the User expressly acknowledges and accepts that any personal data that is communicated to CosmoPay due to its access and use of the CosmoPay Website will be protected and treated in accordance with the provisions of our Comprehensive Privacy Notice that is part of these terms and conditions and that can be consulted at any time at the link Privacy Notice

 

Likewise, the information that CosmoPay provides to the User will be considered as Confidential Information, and it is the responsibility of the User to safeguard it in those terms. 

 

Likewise, CosmoPay will not incur any responsibility, when the Confidential Information that has been provided by the User, is known by any third party, for any of the following reasons: 

 

a) When the Confidential Information becomes public domain. 

 

b) When the owner of the Confidential Information authorizes in writing that the Confidential Information without restrictions to third parties, as established; either 

 

c) In the event that, by legal, administrative or judicial order to deliver, totally or partially, the Confidential Information. 

 

d) When obtaining Confidential Information from a third party without breach. 

 

In any case, the disclosure of any type of User information by CosmoPay to the Financial Authorities will not imply any violation of the legal confidentiality obligation, nor will it constitute a violation of the restrictions on disclosure of information established by any contractual means. 

16. Prevention of Money Laundering and Financing of Terrorism.- 

The User declares and guarantees that the funds that will be used to carry out any transaction with CosmoPay do not come and will not come from activities related to any illegal activity. 

 

In the event that the User contracts the CosmoPay Services, they are obliged to provide CosmoPay with the information and documentation that is required for this purpose to comply with the applicable legislation on the prevention of money laundering and financing of terrorism. 

17.- Cyber ​​Security.- 

What you should take into account about cyber fraud: 

 

Cyber ​​frauds are those scams that are used through networks to carry out illegal transactions. The criminal uses sophisticated technological tools to remotely access your cyber identity information. 

 

Many times the people who carry out this type of fraud take advantage of the lack of knowledge or the little care that people have when using any cybernetic equipment, such as a tablet, telephone or laptop, becoming an easy target for scammers. 

 

These scams can occur in many ways and at any time, so it is advisable to know the most typical aspects used by these criminals, among the most frequent are: 

 

(i).- Junk mail commonly known as SPAM, is a message sent to several recipients who usually did not request it, with apparently advertising or commercial purposes. 

 

The information contained in said email invites you to visit a page or download a file that is generally a virus that steals information from your device. 

 

(ii).- Smishing In this type of fraud, SMS messages are sent to your mobile phone with the purpose of visiting a fraudulent web page, in order to obtain your banking information, to carry out transactions on your behalf. 

 

(iii).- Phishing In this type of fraud, they pretend to be a Financial Institution, sending a message indicating an error in your bank account, and by entering your financial data, they obtain your confidential information such as: card numbers, passwords, bank account details, passwords, etc. 

 

A variant of this fraud is telephone phishing (vishing), where criminals pretend to be employees of a Financial Institution and inform you that your accounts are registering irregular charges or require some confidential information. 

 

(iv).- Pharming In this modality, you are redirected to a false Internet page through pop-up windows, to steal your information. They usually show similar legends in which they tell you that you were awarded a prize for visiting their page. 

 

(vi).- Electronic Transfers In this case, they pretend to be a company that makes very attractive offers, so when buying they ask you to make a transfer in exchange for said product and when you go to said company you realize that, never there was no such offer or purchase. 

 

(vii).- Malware In this type of fraud, your data is stolen by means of Malware (malignant code/malicious software), which is inserted into your mobile phone when entering the application, the Malware shows a false sale, where Your confidential data is requested, such as financial data, which is sent to scammers so that they can misuse it. 

 

(viii).- Software Download When downloading some software from an unreliable page or for free, it may contain a virus that allows the scammer to take your personal information directly from your computer. 

 

How can you avoid it? 

 

a) Install a good antivirus on your computer or mobile device, use firewall or anti-spyware software to protect your equipment from a malicious virus. 

 

b) Do not "click" or open suspicious links. 

 

c) If you download applications and/or software, do so through official stores and developers. 

 

d) Do not respond to emails that tell you that you have won a prize, trip or raffle. 

 

e) Verify that the site you are browsing has the security protocol "https://" and a closed padlock in the address bar. 

 

f) Never deliver your data by email. 

 

g) Companies and banks will never request your financial data or card numbers by any means, such as by phone or internet, when you are not the one initiating an operation. If you still have doubts, call the CosmoPay hotline numbers and verify the facts. 

 

h) Be wary of online purchases when they ask you to make a deposit to bank accounts other than those indicated above. 

 

i) Take care of your personal passwords, personal identification number (PIN), change them periodically. 

 

Remember that the people who carry out this type of fraud are clever and deceive you with alarmist tactics or urgent requests to worry you and prevent you from thinking about the situation, do not panic and before taking any action, verify the source of origin. 

18.- Modifications to the Present Terms and Conditions.- 

CosmoPay may partially or totally modify or adapt these Terms and Conditions at any time and if it deems it appropriate, without the need for prior notice or consent by the User and without the foregoing granting or generating any right to any type of claim or compensation in favor of any User or third party. The updated version of these Terms and Conditions will be the one displayed through the CosmoPay Website and any changes or adjustments will be effective from the date they are made. 

19.- Applicable Legislation and Jurisdiction. - 

These Terms and Conditions are governed by federal legislation applicable in the Mexican Republic. Both CosmoPay and any User or any person who uses or simply explores the CosmoPay Web Page are subject to the provisions of these Terms and Conditions, as well as the jurisdiction and competence of the Courts of Mexico City, expressly waiving any other jurisdiction that may correspond to you by reason of your present or future domicile. 

Last updated May 2023 

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