En EspañolTERMS AND CONDITIONS FOR USERS
1.- Acceptance and knowledge of the Terms and Conditions
These terms and conditions are mandatory and binding on “THE USER” and apply to all payment transactions carried out through the platforms enabled by “THE PROVIDER”. Use of the service implies knowledge and acceptance of them.
If you do not agree with the Terms and Conditions, the Privacy Policy or the other documents incorporated into them by reference, you must refrain from using the website and/or the services offered on it. “USER” of the Website means any person who has completed the corresponding prior registration on the site metrepay.com. The term “THE PROVIDER” refers to “MetrePay”, the name that identifies the owner of the services to be provided and specified in this contract. “MERCHANT” means the intermediary entity with which the “USER” carries out transactions through the MetrePay platform, provided by “THE PROVIDER”.
2.- Changes to the Terms and Conditions
The terms and conditions may be replaced or modified at any time at the sole discretion of “THE PROVIDER”, without the prior consent of “THE USER”. They will be published again on the payment portal and will be publicly available.
3.- Purpose
MetrePay is a platform that integrates multiple electronic payment methods, allowing the USER to make sales and collect payments online. MetrePay allows the use of any electronic payment method known in the market, providing the USER with security when making such payment.
4.- Service interruption – Disclaimer of liability
“THE PROVIDER” reserves the right to interrupt, suspend or modify at any time the services offered on this website or application, whether permanently or temporarily. The USER’s consent will not be required, nor will any prior notice be necessary. Likewise, “THE PROVIDER” does not guarantee permanent access to or use of the website, as it could be interrupted for technical reasons beyond its control.
“THE PROVIDER” will not be liable for any damage that may occur to the computer equipment of USERS or third parties as a result of browsing this website.
5.- Capacity
The Services will be available to persons who have the legal capacity to enter into contracts. Persons who lack such capacity may not use the services, such as legally disqualified persons, minors and/or MetrePay USERS who have been temporarily suspended or permanently disabled.
6.- Registration
The USER may freely browse the website; however, it is established and accepted that in order for “THE USER” to make a purchase or use the services offered on the website, they must register at metrepay.com.
Registration will be carried out following the process indicated on the website and will be free of charge.
7.- Password and security
MetrePay will not be responsible for the truthfulness or accuracy of the data provided by each USER. Likewise, “THE PROVIDER” reserves the right to reject requests or to temporarily or permanently suspend USERS in the event of non-compliance with the Terms and Conditions.
The USER will access their personal account using an email account as their username and a personal password of their choice. They may also register through their personal social media accounts, such as Google, Instagram and Facebook. That email account will be used to send transaction reports and/or notices of pending transactions related to the relationship established herein.
Each USER undertakes to keep the registered data confidential and to take security precautions in handling their password for the payment portal.
The USER agrees not to provide or give their password or other means of access to their account to third parties, and is responsible for all payments authorized using the service.
The USER declares that the data entered in the registration form is true, accurate and complete, and therefore expressly releases MetrePay from any liability for the accuracy or correctness of the USERS’ Personal Data. USERS warrant and are responsible, in any case, for the truthfulness, accuracy, validity and authenticity of their Personal Data.
MetrePay reserves the right to request any additional document and/or information in order to verify Personal Data, as well as to temporarily or permanently suspend those USERS whose data could not be confirmed. In such cases of disablement, the USER will be removed without giving rise to any right to compensation.
“THE USER” acknowledges being fully aware that “THE PROVIDER” will not send communications or requests for passwords and/or updates of personal information.
8.- Use of the service
Using MetrePay’s services requires the legal capacity to enter into contracts. Those who lack it, those who have been suspended or disabled, and minors may not access the services. Parents, guardians or persons responsible for minors or legally incapacitated persons who use the payment portal will be responsible for such use, including any charge, billing or damage arising from it.
The USER will acknowledge without any reservation the transactions carried out with their personal password on the site metrepay.com or through any platform enabled by MetrePay, and irrevocably declares that they will accept the debits these generate, even if their personal password has been used improperly, expressly and irrevocably authorizing their Bank to automatically debit them from their Credit Card, their checking account, even if overdrawn, and/or their Savings Account or any other payment method registered under their access account, including personal wallets.
9.- Payment methods
MetrePay integrates multiple electronic payment methods, allowing registered Users to complete sales and purchases of products and/or services. For this reason, “THE PROVIDER” will abide by the authorizations and prohibitions established by each payment method for their use, and must disable any USER who does not comply with the established prohibited activities Policies, without this giving rise to any right to indemnification or compensation on the part of “THE PROVIDER”.
9.1. “THE PROVIDER” will incorporate payment methods currently operating in the market or any other payment method that “THE PROVIDER” deems appropriate to include among the options for the USER.
The availability of payment methods could be affected by the unilateral decision of such payment methods, without this giving rise to any right to indemnification or compensation on the part of “THE PROVIDER”.
10.- Personal data provided by the User. Security and processing
In order to use the website efficiently and securely, each USER must provide “THE PROVIDER” with the data required in the form for proper identification, such as: First and Last Name, Mobile phone number, Address, Email Address and Police Identity Document Number, which are necessary to provide the services.
Each USER will have the right to access the information that exists about their personal data, and may modify the data entered whenever they wish, so that it is always up to date.
Once registered on the website, “THE USER” accepts and agrees that “THE PROVIDER” may contact them through the channels it deems effective in order to send information that it considers, at its sole discretion, to be of interest to them, including advertising, useful information for USERS, offers and promotions.
11.- Truthfulness and privacy of the information provided
It is hereby stated that the truthfulness of the content of all information provided by THE USER for the proper performance of the services contracted herein will be the sole and exclusive responsibility of the USER, releasing “THE PROVIDER” in this regard from the consequences that may arise from such content. “THE PROVIDER” undertakes not to disclose or publish the information provided by USERS, in accordance with the provisions of current legislation.
12.- Rights reserved
All rights to this website/mobile application/platform are reserved and belong to “THE PROVIDER”.
13.- Violations of the System or Databases
No action or use of any device, software or other means intended to interfere with either the activities and operations of “THE PROVIDER” or the offers, descriptions, accounts or databases of MetrePay is permitted. Any intrusion, attempt or activity that violates or is contrary to intellectual property laws and/or the prohibitions set forth in this contract will make the person responsible liable to the relevant legal actions and to the penalties provided for in this agreement, and will make them liable to compensate for the damage caused.
14.- Penalties. Suspension of Operations
Without prejudice to other measures, “THE PROVIDER” may warn, temporarily or permanently suspend a USER’s Account, apply a penalty that negatively impacts a USER’s reputation, take the actions it deems appropriate and/or suspend the provision of its Services if (a) any law is broken, or any of the provisions of the Terms and Conditions and other policies of MetrePay; (b) the USER fails to comply with their commitments as a USER; (c) in the opinion of “THE PROVIDER”, the USER engages in willful misconduct or fraudulent acts; (d) the identity of the USER cannot be verified or any information provided by them is incorrect. In none of these cases will the USER be entitled to any compensation.
15.- Hold harmless
“THE PROVIDER” is limited to making available to USERS a virtual payment space in which they may sell or buy products or acquire services. “THE PROVIDER” states that it is not the owner of the items offered, nor will it have possession of them or offer them for sale.
“THE PROVIDER” will not take part in the completion of the transactions carried out between USERS or in the conditions they set for them; therefore, it will not be responsible for the existence, quality, quantity, condition, integrity or legitimacy of the goods offered, acquired or sold by USERS, nor for the USERS’ capacity to enter into contracts or the truthfulness of the Personal Data they enter. Each USER knows and accepts that they are solely responsible for the items they publish for sale and for the offers and/or purchases they make.
If one or more USERS or any third party initiates any type of claim or legal action against THE MERCHANT, each and every one of the USERS involved in such claims or actions will release “THE PROVIDER” and its directors, managers, employees, agents, workers, representatives and attorneys-in-fact from all liability.
16.- Scope of the Services
This agreement does not create any partnership, agency, franchise or employment relationship between “THE PROVIDER” and “THE USER”. The latter acknowledges and accepts that “THE PROVIDER” is not a party to any transaction, and will have no control over the quality, safety or legality of the items advertised, the truthfulness or accuracy of the advertisements, or the USERS’ capacity to sell or buy items.
“THE PROVIDER” will not be responsible if a USER completes a transaction, nor can it verify the identity or personal data entered by USERS. “THE PROVIDER” does not guarantee the truthfulness of third-party advertising displayed on the site and will not be responsible for any correspondence or contracts that the user enters into with such third parties or with other USERS.
“THE PROVIDER” will not be responsible for any charges, chargebacks, fines or other additional costs that the service may cause, the Customers being solely responsible for them.
17.- Intellectual property
The content displayed on the screens related to the services offered by MetrePay, as well as the programs, databases, networks and files that allow the “USER” to access and use their Account, are the property of “THE PROVIDER” and are protected by copyright, trademark, patent, and industrial model and design laws and international treaties. Improper use and total or partial reproduction of such content are prohibited, except with the express written authorization of “THE PROVIDER”.
If the Site contains links to other websites that are not owned by “THE PROVIDER”, since it will not have control over such sites, it will NOT be responsible for the content, materials, actions and/or services provided by them, nor for any damage or loss caused by their use, whether caused directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval or endorsement by “THE PROVIDER” of such sites and their content.
18.- Indemnification
If “THE USER” is liable for any claim or lawsuit (including court and administrative costs and/or attorneys’ fees) brought by any USER and/or third party for any breach of the Terms and Conditions and other Annexes and Policies deemed incorporated herein, and/or of any law and/or third-party rights, “THE PROVIDER” is expressly excluded from any liability (including, but not limited to, its related companies and their respective directors, managers, officers, representatives, agents and employees). To that end, the user must indemnify and hold “THE PROVIDER” harmless, authorizing it to: i) intervene in and represent the user in such claims or lawsuits, and reach settlements without limitation in the user’s name and on the user’s behalf; ii) withhold and debit existing and/or future funds from the user’s account; and/or iii) generate specific charges on the user’s billing.
Failure or delay by “THE PROVIDER” in exercising any right, power or privilege under the Terms and Conditions will not be deemed a waiver thereof, nor will the partial exercise of any right, power or privilege preclude any other exercise thereof, or the exercise of any other right, power or privilege granted to “THE PROVIDER” under these Terms and Conditions. The rights and remedies set forth herein are cumulative and do not exclude any other right or remedy provided by law.
19.- Domicile
The domicile of “THE PROVIDER” is established at its commercial office located in the city of Asunción, at Cirilo Rivarola 7468 c/ Timoteo Aguirre, Villa Aurelia neighborhood.
20.- Jurisdiction and governing law
This agreement will be governed in all respects by the laws in force in the Republic of Paraguay.
In the event of disagreements regarding the terms of this contract, the parties undertake to seek an amicable settlement, beginning the process by exchanging notes and appointing representatives for each of them.
If no such settlement is reached within 30 (thirty) days from receipt of the first note, that is, from the start of negotiations, the parties may resort to mediation. If no agreement is reached through mediation, the parties may resort to the courts of this Capital of the Republic of Paraguay.
Once “THE USER” has accepted the contract, they are deemed to have expressed their agreement with the points established therein.