These Terms and Conditions of Use (“Terms of Use”) apply to the relationship between, on the one hand, PAYLIVRE BRASIL SERVIÇOS DE PAGAMENTOS LTDA, registered with the CNPJ/ME under no. 34.559.748/0001-40 (“Service Provider”) and, on the other hand, any Payment Account Holder who opens a Payment Account.
WE KINDLY ASK THE CARDHOLDER TO READ THESE TERMS OF USE CAREFULLY BEFORE OPENING AND USING HIS/HER PAYMENT ACCOUNT. BY OPENING AND USING HIS OR HER PAYMENT ACCOUNT, THE CARDHOLDER ACKNOWLEDGES THAT HE OR SHE HAS PREVIOUSLY READ AND FULLY AGREED TO THESE TERMS OF USE. SHOULD CARDHOLDER HAVE ANY QUESTIONS ABOUT THESE TERMS OF USE, CARDHOLDER MUST CONTACT THE SERVICE PROVIDER BEFORE ACCEPTING THEM BY OPENING THE ACCOUNT.
DEFINITIONS
The terms and expressions below, whenever beginning with a capital letter in these Terms of Use, shall have the following meanings, either in the singular or plural:
“Paylivre” – means PAYLIVRE BRASIL SERVICOS DE PAGAMENTOS LTDA, a payment institution, issuer of electronic currency.
“Communications” – any Account or transaction information performed and sent to you, including: any Policies to which you agree, including updates to those Policies; annual disclosure; transaction receipts or confirmations; Account History Statements; and tax statements that we must make available to you.
“Transactions” – all electronic currency transactions conducted by you on the Platform.
“Platform” – electronic trading environment, developed and owned by Paylivre, accessed via the internet, through the Site or Application, used and made available by Paylivre to Users for electronic currency Transactions and related services. Site or Website: electronic address (www.paylivre.com) owned by Paylivre, accessed via internet, through which the User may access the Platform and perform the Transactions made available by Paylivre.
“Terms of Use” – the terms and conditions of use set forth herein, which regulates Paylivre and use of the Paylivre Platform by the Users.
“Payment Transactions” – credit and debit transactions performed by Users through the Payment Account owned by them as a result of the Transactions performed on the Platform and other transactions performed in other environments duly authorized by the User.
“User” – an individual or legal entity registered on the Paylivre Platform and holding an Account to perform Transactions, in accordance with these Terms of Use.
“Payment Accounts or Prepaid Account” – intended for the execution of payment transactions in electronic currency made based on funds denominated in Brazilian Reais previously contributed.
“CNPJ/ME” – means the National Register of Legal Entities of the Ministry of Economy.
“CPF/ME” – means the Cadastro de Pessoas Físicas of the Ministry of Economy.
“LGPD” – means Law No. 13,709, dated 14.8.2018, or the General Law on Personal Data Protection.
“Platform” – means the application adapted and developed for operation on website, smartphone mobile device, tablet or any other mobile device.
“Privacy Policies” – means Paylivre’s Privacy Policy, which will be available at http://paylivre.com/legal/#politica-privacidade.
“Balance” – means the amount available in the Account at the time of consultation and/or use by the Cardholder in Transactions.
“Password” – means the four digit, personal, non-transferable and confidential password for use of the Account and/or the Card, if and when issued, exclusively by the Cardholder.
“Services” – means the products and services offered to Cardholders by the Service Provider.
“Fees” – means the amounts charged by the Service Provider in consideration for the Services, as well as any other expenses charged to the Cardholder as a result of the use of the Account and/or the Card, if and when issued.
“TED” – means Available Electronic Transfer.
“PIX” – the Pix is a new means of payments to make transfers quickly and instantly, created by the Central Bank of Brazil.
“Holder” – means the natural person of legal age or legal entity duly represented that accesses the Platform and performs its personal registration in order to take advantage of the features offered by the Service Provider, including, without limitation, the opening of the Account, accepting in this opportunity, unconditionally, these Terms of Use and Privacy Policies.
“Transaction” means any and all transactions whereby the Account Holder uses the Account to make contributions and transfers, balance verification and for such other means of payment purposes as may be made available by the Service Provider to the Account Holder.
ACCOUNT
The Account is a prepaid payment account, owned by the Card Holder, opened with Paylivre. The Account Holder may use the Account exclusively in a digital environment, through the Platform, and enjoy the features provided for in these Terms of Use. The use of the Account is conditioned to the availability of the Balance. It is not possible to deposit cash or checks into the Account. The opening of the Account is conditioned to the prior registration of the Account Holder, to be done exclusively on the Platform, and to the verification, validation and approval, by Paylivre, of the Account Holder’s registration done on the Platform. In order to register the Card Holder on the Platform, in addition to reading and accepting these Terms of Use, it is mandatory to read and accept the Privacy Policies.
For the purposes of compliance with Circular no. 3.978, of January 23rd, 2020, of the Brazilian Central Bank, as well as any other rules related to the prevention of money laundering crimes and financing of terrorism that may replace it, the Card Holder acknowledges and agrees that Paylivre may:
I. adopt procedures to ensure due diligence in the identification, qualification and classification of the Cardholder;
II. verify the condition of the Card Holder as a politically exposed person, as well as the condition of representative, relative or close associate of a politically exposed person;
III. collect information about the Holder’s income and/or billing, as applicable
IV. monitor the operations performed by the Account Holder with the purpose of identifying suspicious money laundering and/or terrorism financing, as well as to communicate to the competent bodies the suspicious operations or situations.
In the process of opening the Account, the Accountholder must inform the registration data requested, being certain that the Accountholder must have CPF/ME or CNPJ/ME, as applicable, under the regulation of the Central Bank of Brazil. Paylivre may request new registration data after the opening of the Account, as well as adopt measures for verification, validation and approval of this new information. The registration data provided by the Cardholder must be complete, with exact, precise and true information, being the Cardholder the only responsible person, civilly and criminally, for the data provided, being obliged to update them whenever necessary and/or requested by Paylivre or by the Service Provider, under penalty:
I. of restrictions to the use of the Services;
II. suspension of the Services;
III. suspension, blockage, limitation of Paylivre or cancellation of the Account and/or Card, if and when issued;
IV. liability in the civil, administrative and criminal spheres as provided in the applicable legislation.
In case Paylivre and/or the Service Provider verify any divergence, inaccuracy or irregularity in the registration data of the Cardholder, they may request the Cardholder to update and/or regularize his/her registration status and, in case such request is not complied with within the stipulated period, may block or close the Account.
The Card Holder, when opening the Account, will indicate a checking account, savings account, or other payment account of the same ownership, held at another financial and/or payment institution.
The Account Holder, when opening the Account, will be informed of the identification number of his/her Account, and will define his/her confidential password for personal and non-transferable use.
Entering the password represents an unequivocal expression of the Card Holder’s will to use the Account and implies full acceptance of these Terms of Use.
ACCOUNT FUNCTIONALITIES
With the amounts deposited in the Account, the Account Holder can use the Balance, according to the functionalities below:
“Deposit” – the payment account that is the subject of this term is a prepaid account, the amount of which is previously and exclusively contributed by the Account Holder, as follows:
I. Deposit via PIX: The Card Holder may, through the Platform, contribute funds to his or her account via PIX, whose original account, in another financial or payment institution, has the same ownership. When requesting a deposit via PIX the Card Holder must inform the amount he wishes to deposit, agree to the terms and conditions of the operation and scan the QR Code indicated at the time of the operation.
II. Deposit via TED or DOC: The Card Holder may, through the Platform, request withdrawal, via TED or DOC, of the amounts available in his/her account to another account of the same holder, in other financial and/or payment institutions, previously registered, observing the limits and times for transfers, as set forth herein;
In the Paylivre Platform the Account Holder must choose the desired option of deposit (TED, DOC or online transfer), will be informed the bank
will be informed the bank details of Paylivre to which the resources will be In case of deposit via TED or DOC the Card Holder must attach the proof of transaction to the Platform.
III. Deposit via Boleto Bancário: the Card Holder may request a deposit via boleto Bancário through the Platform. The boleto can only be paid through the internet banking of its origin bank. The funds must come from the same account holder.
“Internal Transfer” – the Cardholder may, through the Platform, make transfers between Paylivre accounts. Paylivre may establish daily and monthly limits for such transfers between Paylivre accounts.
“Withdrawal” – the Cardholder may request withdrawals of amounts previously contributed to the account, through the Paylivre Platform.
I. Withdrawal Request via requesting withdrawal, via PIX, of the amounts available in his/her account to another account of the same ownership, financial and/or payment, previously registered;
II. Withdrawal request via TED or DOC:: the Card Holder may, through the Platform, request a withdrawal, via TED or DOC, of the amounts available in his account to another account of the same ownership, financial and/or payment, previously registered and times for transfers, as set forth herein;
III. For the realization of withdrawals, Paylivre may establish limits, daily and monthly, of value and number of operations, as well as it may establish the charging of Fees.
IV. Withdrawals will only be authorized if there is a balance available in the Account higher than the withdrawal amount, plus the Fees, interest and additional fees, if any. If the total amount of the withdrawal, plus the applicable Fees, interest and additional charges, if any, is greater than the available Balance in the Account, the withdrawal will be refused. The Card Holder must always store the proof of the Transaction made. In case of divergence, at any time, Paylivre may request the voucher for analysis of what happened. In case the Cardholder does not present the voucher, Paylivre will be exempt from any liability in relation to the Transaction in question.
Paylivre will have no responsibility, in case it is not possible to process deposit requests, transfers between Paylivre accounts and/or withdraw and/or make any other Transaction due to the absence of Balance in the Account. In this sense, Paylivre is also not responsible for the terms and conditions of any third parties involved in the Transactions.
ACCOUNT SECURITY
In order to maintain the security of the Account, the Cardholder must:
I. Always keep the information of his/her account and the means of access in a safe place, as well as adopt mechanisms that restrict the access of third parties other than the Card Holder. The Card Holder exempts Paylivre from any responsibility for the possible access to the Account by any Third Party other than the Card Holder;
II. Always keep and preserve the security data, login and/or Password in a safe way;
III. Memorize the security data, login and the Password of the Account and do not write down such information in any means, physical or digital;
IV. Not display the Account data in public places, including, without limitation, on social media;
V. Do not inform, under any circumstances, any of the security data, login and/or Password to any person, including, without limitation, employees of the Call Center or any of the other service channels made available by Paylivre;
VI. Never allow any person other than the Cardholder to use the Account.
As an additional security measure, and in observance of its duty of good faith and mutual cooperation, in case the Cardholder decides to use a different cell phone from the one in which the Platform has been previously installed, Paylivre may request the Cardholder to confirm certain information for security purposes and, if the request is not satisfactorily met, at Paylivre’s discretion, Paylivre may suspend the use of the Platform in the different cell phone.
POSTINGS AND DISPUTES
The Card Holder may, through the Platform, consult the Balance and the entries made in the Account at any time.
If the Transaction is authorized and effectively completed, the Transaction amount will be automatically debited from the available Account Balance. If, for any reason, the Transaction is not completed, the amount will be reversed to the Account and will again be included in the Account Balance. If the Account Holder does not recognize and/or disagrees with the posting of a certain Transaction on the Account, as identified in the Account statement, he/she must contact Paylivre via the Call Center to contest it within thirty (30) days from the Transaction date, under penalty of losing the right to contest. If the dispute is upheld, the amount of the Transaction will be reversed in the Account. Challenges to completed Transactions are subject to the dispute resolution procedures, deadlines, and policies set forth internally. When the Card Holder does not recognize an online purchase posted on his/her statement, Paylivre will open a dispute (chargeback) process, which will analyze the request according to the established procedures and deadlines.
SUSPENSION OF USE AND BALANCE BLOCKING
Paylivre may preventively suspend the use of the Account, if applicable, without prior notice:
I. in case it verifies operations out of its use pattern, suspicions of
financial crimes, registration inconsistencies, misuse that disrespects any provision of these Terms of Use or the applicable legislation;
II. in case the Card Holder fails to comply with the request to send documents to prove his/her identity;
III. in cases of judicial requirement of blockade by the Brazilian Central Bank or any other competent governmental agency. The Card Holder acknowledges and agrees that the Balance available in the Account is liable to be blocked by judicial order.
ROBBERY, THEFT, LOSS OR LOSS OF THE CELL PHONE
If the Card Holder’s cell phone is stolen, stolen or lost, he/she must immediately notify Paylivre by contacting the Call Center, so that it can arrange for the blocking of access to the Account. If Paylivre is not notified, the Cardholder will be fully responsible for the Transactions made by third parties. If requested, the Card Holder must present the written communication, accompanied by the police report about the theft or robbery of the cell phone. In cases where the Card Holder has acted in bad faith, the Card Holder will be the sole and exclusive responsible for any Transactions made with the Account Balance, including, without limitation, the Transactions made after the communication.
SERVICE CHANNELS
Paylivre will make available to the Card Holder service channels that allow him/her to inform unrecognized charges, report theft, robbery or loss of the cell phone and any other occurrences that may imply the improper use of the Account. The available service channel is accessible on the www.paylivre.com platform. The Card Holder hereby authorizes the telephone recording of all and any contact with Paylivre through the Call Center, which may serve as an evidential document and instrument of defense of Paylivre in case of judicial or administrative procedures eventually moved against or by Paylivre.
USE OF PERSONAL DATA
The Card Holder declares that he/she has read and consented to the Privacy Policies, in which the forms of treatment of the Card Holder’s data are listed.
By agreeing with Paylivre’s Privacy Policy and with these Terms of Use, the Card Holder agrees and authorizes Paylivre to
Use the personal data of the Cardholder in accordance with the rules contained in Paylivre’s Privacy Policy and under the terms of the applicable legislation, including, without limitation, the LGPD; Collect and store the image of the Cardholder and his/her personal data in order to be able to provide the Services contracted by the Cardholder regarding the Account, including, without limitation, the opening and management of the Account; Under the terms of the regulations of the Central Bank of Brazil and the LGPD, disclose and share the personal data of the Cardholder with public authorities for the purposes of compliance with the
legislation and judicial requests, as well as with any service provider of Paylivre for the performance of the Services, including, without limitation, cloud storage service providers, credit protection service providers, companies responsible for management software, fraud analysis tools, and money laundering prevention analysis tools; Store personal data of the Card Holder in Paylivre’s database and/or its service providers for the purposes of
I. prevention of frauds by the improper use of personal data;
II. use of personal data as legal evidence in eventual judicial, administrative and/or arbitral actions;
III. compliance with judicial order, administrative authority and/or arbitral judge;
IV. development, maintenance and improvement of resources and functionalities of the services and systems of Paylivre;
To verify the personal data provided by the Card Holder for registration and transmit them to the service providers of credit analysis and credit protection; To close, modify, or suspend, totally or partially, the access of the Card Holder to the Account, when such access violates the conditions established in Paylivre’s Privacy Policy
Delete, in whole or in part, the information registered by the Card Holder that is not in accordance with the provisions of Paylivre’s Privacy Policy, these Terms of Use and/or the applicable legislation; and Share with the competent authorities, as provided for in the applicable legislation, information about the Transactions made by the Card Holders and that may be considered as crimes of laundering or concealment of assets, rights and values, under Law No. 9613 of March 3, 1998.
FEES
Registration on the Platform is free of charge. To check the values of commissions and other details about fees, deadlines and limits, access the Table of Commissions, Deadlines and Limits available on the Site.
The User will pay the Commissions to Paylivre in the following operations:
I. withdrawal of the amounts;
II. received in Reais;
III. transfers between Paylivre accounts;
IV. exchange of wallets (electronic currencies);
V. withdrawal of values from commercial partners.
If the user chooses to deposit by bank payment slip, the fee for issuing the slip issued by the financial institution will be added.
Any changes in the Commissions will be disclosed through the Site, Application, e-mail, blog and/or Paylivre’s official social networks.
The Fees due by the Cardholder due to the provision of the Services will be debited from the Balance and will be available for consultation on the Platform.
Paylivre reserves the right to change the Fees at any time, in compliance with the applicable regulations, which disclosure will be made on its Website, Application, email, blog and/or official social networks.
VALIDITY AND EXTINCTION
These Terms of Use shall remain valid for an indefinite period of time from the date of acceptance by the Account Holder, binding the parties, their heirs and successors.
These Terms of Use will cease to be valid between the parties in case of closure of the Account. The closure of the Account may be carried out in the following cases:
● By the Account Holder, immotivatedly, upon communication to Paylivre, at any time, through
through service channels or the Platform; and/or
By Paylivre, at any time, without any burden or penalty being imposed to Paylivre as a result thereof, under any title or pretext:
I. immotivatedly, upon communication to the Cardholder by the available means of communication, with at least five (5) days in advance;
II. immediately (a) if the Account is used in disagreement with the
provided in these Terms of Use and/or in the applicable legislation; (b) if registration
(b) if registration inconsistencies, considered to be of a serious nature, are verified,
suspected crimes, transactions outside the pattern of use and/or the Card Holder fails to send documents requested by Paylivre, to prove his
identity; and/or (d) in case of death, judicial interdiction or insolvency of the Card Holder;
III. if the Account does not present any financial movement in the period of 180 (one hundred and eighty) days, including transfers, withdrawals and purchases. Irregularities of a serious nature are considered, among others, the situations of enrollment in the Individual Taxpayers’ Register (CPF) or the Corporate Taxpayers’ Register (CNPJ) defined in a normative instruction from the Brazilian Internal Revenue Service as
I. “suspended”, “canceled” or “null” in the CPF;
II. “inapta”, “baixada” or “nula”, in the CNPJ.
If there is a Balance in the Account at the moment of the Account closure, the Account Holder must request the transfer of the amounts to another account of the same holder, respecting the discount of Fees, if any. If the Account Holder does not indicate an account to transfer the funds, they may be deposited in a judicial account that will be available for later withdrawal. For the closure of prepaid payment account with eventual available balance, Paylivre must
I. keep individualized internal controls per closed account
I. Maintain individualized internal controls for each closed account until the full settlement of the obligation;
II. keep all documentation related to the closed account for at least five years, as of the full settlement of the obligation, as provided by the legislation in force;
GENERAL PROVISIONS
These Terms of Use will be available for consultation at any time on the Platform. Paylivre, as applicable, may, at any time and at its sole discretion, change these Terms of Use and the Privacy Policies. Any changes to these Terms of Use and the Privacy Policy will be informed through Paylivre’s communication channels. By continuing to access the Platform after the changes, the Cardholder agrees to the changes. The Cardholder authorizes Paylivre, unless otherwise expressly stated via contact at the Call Center, to send charge-free communications by e-mail, telephone, SMS, push and/or mail about the Service Provider’s products and services. The Cardholder does not acquire, through these Terms of Use or Privacy Policies, any intellectual property rights or other exclusive rights on or related to the Platform.
All intellectual property relating to the Platform and/or any content created by the Service Provider or Paylivre is the sole property of the Service Provider or Paylivre respectively, and any infringement, reproduction or use of any Service Provider’s or Paylivre’s intellectual property is prohibited. If any provision of these Terms of Use or Privacy Policies is determined to be illegal, void, or unenforceable for any reason, the remaining provisions will not be affected, and will remain valid and enforceable. The Services will be integrated with websites and applications to make content, products and/or services available to the Cardholder. These third party applications may have their own terms of use and privacy policies, and your use of such third party applications shall be governed by and subject to their terms of use and privacy policies. You understand and agree that the Service Provider and Paylivre do not endorse and are not responsible for the behavior, features, or content of any such third party application, or for any transaction you may enter into with the provider of such third party application. These Terms of Use shall be construed in accordance with the laws of Brazil. The courts of the Capital City of the State of Rio de Janeiro are elected to settle any doubts or controversies arising from these Terms of Use, renouncing any other, no matter how privileged it may be
