Terms and Conditions
Last revised: 1st of July 2024
MERCADO EASY SOLUÇÕES E TECNOLOGIA LTDA, legal entity governed by private law, registered with the CNPJ/MF under number: 43.684.116/0001-08, with headquarters at Avenida Paulista, 1471, Barão de Cristina Building, Conjunto 511 Floor 5, Bela Vista CEP: 01.311-927, São Paulo - SP. in this act, represented by its managing partner, Mr. Obner Knoener Mozarino and registered with the CPF under number: 043.649.419-13. hereinafter referred to as INTERMEDIATOR;
Introduction and Scope of INTERMEDIATOR's Services
Core Objective:
Considering that the INTERMEDIATOR is a company based in Brazil and its primary mission is to facilitate the seamless transfer of value, encompassing both encrypted digital assets and traditional fiat currencies. By leveraging advanced distributed ledger technologies alongside conventional financial systems, we aim to connect with leading financial centres globally. This dual approach ensures we serve as a comprehensive intermediary, adept at handling a wide range of financial transactions for our partners and their clients.
Service Delivery:
Comprehensive Financial Intermediation: Our goal is to securely process transactions, whether they involve digital assets or fiat currencies. For digital transactions, we receive and convert digital values from our users into encrypted and decentralized digital assets for transfer to their intended recipients. For fiat transactions, we employ robust mechanisms to facilitate the efficient and secure intermediation of traditional currency transfers. This dual capability reinforces our role as a versatile intermediary in both the digital and traditional financial ecosystems.
Enhanced Transactional Flexibility: By integrating both digital and fiat transactional capabilities, INTERMEDIATOR ensures that users have access to a broad spectrum of financial services. This approach not only caters to the evolving needs of our users but also aligns with global financial trends, offering unparalleled convenience and security in financial intermediation.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT, ACCESS OR USE THE SERVICE.
By engaging with the INTERMEDIATOR platform, you affirm and guarantee the accuracy and ongoing truthfulness of the following declarations throughout your use of our services:
Legal Age and Capacity: You confirm that you are at least 18 years of age, which qualifies you as having the legal majority in most jurisdictions. This status ensures that you possess the legal capacity to enter into binding agreements, including the acceptance of these terms and conditions.
Agreement to Terms: You are fully capable of understanding and agreeing to the current terms and conditions set forth by INTERMEDIATOR. This includes any amendments or updates that may be made over time, recognizing that it is your responsibility to stay informed of such changes.
Financial Transactions: You acknowledge that your use of the INTERMEDIATOR platform may involve the intermediation of both digital assets and traditional fiat currencies. You warrant that all transactions you initiate or participate in will comply with applicable laws and regulations, including but not limited to anti-money laundering (AML) and counter-terrorism financing (CTF) standards.
Accurate Information: You pledge to provide accurate, current, and complete information as required during the registration process and in all transactions. You agree to promptly update any information to maintain its accuracy and completeness.
Responsible Use: You commit to using the INTERMEDIATOR platform responsibly and in compliance with these terms and all applicable laws. This includes not engaging in any activities that could disrupt the operations of the platform or adversely affect other users or the reputation of INTERMEDIATOR.
By proceeding to use the INTERMEDIATOR platform, you signify your explicit understanding and acceptance of these conditions, affirming your readiness to uphold these representations as a user of our services.
1. Limitation of Liability for Intermediated Services
Role of the INTERMEDIATOR:
By using our platform, you acknowledge that the INTERMEDIATOR serves as a facilitator, creating a bridge between you (the User) and our network of partners and service providers. Our primary role is to provide a reliable and efficient platform for intermediation, enabling transactions and interactions between users and service providers.
Scope of Liability:
It is important to understand the limitations of our liability concerning the services offered through our platform:
Intermediary Services: Our liability is strictly limited to the scope of intermediation services we provide. This means we are responsible for facilitating transactions and communications between you and our partners but not for the direct outcomes or fulfilment of those services.
Exemption from Liability: The INTERMEDIATOR is exempt from liability arising from any contractual breaches, torts, strict liability claims, or any other legal claims. This exemption includes but is not limited to, direct, punitive, special, incidental, or indirect damages that may arise from the services or goods provided by our partners. Specifically, we are not liable for any acts, errors, omissions, injuries, losses, accidents, delays, or irregularities that occur during the provision of services by our partners.
User Exoneration: By agreeing to these terms, you explicitly release the INTERMEDIATOR from any responsibility related to the activities, services, or goods provided by our partners. This exoneration covers all forms of liability, ensuring that the INTERMEDIATOR's role as an intermediary is clearly understood and agreed upon.
Understanding Your Agreement:
By continuing to use our platform, you signify your understanding and acceptance of these limitations on our liability. We strive to work with reputable partners and service providers, but it is crucial for users to conduct their due diligence and understand the nature of the transactions they enter into through our platform.
2. Description of INTERMEDIATOR’s Activities
Intermediation and Commission Services:
The INTERMEDIATOR provides a digital platform designed to facilitate the intermediation or commissioning of services between our users and a network of service partners. It is important to understand that:
User-Driven Transactions: All transactions on the platform are initiated and completed by the users themselves. The INTERMEDIATOR's role is to provide the digital infrastructure necessary for these transactions but does not involve direct participation in the contact, negotiation, or execution phases of any deal.
Platform Maintenance: Our primary function is to maintain and ensure the operational integrity of the platform, enabling the smooth execution of operations (hereafter referred to as "OPERATIONS") facilitated through our service.
Acting on Behalf of Users:
In certain scenarios, the INTERMEDIATOR may act in its own name but on behalf of and by the order of the user. This means:
Commissioner Role: Transactions may be executed under the INTERMEDIATOR's name, functioning as a commissioner, but always directed by and for the benefit of the user.
Legal Framework and User Consent:
Compliance with Civil Code: Our operations are conducted in compliance with articles 693 to 709 of the Brazilian Civil Code (Law No. 10.406, dated January 10, 2002). This legal framework supports the validity of all operations conducted through our platform, whether directly intermediated or executed on behalf of our users.
Informed User Participation: By using our platform, users acknowledge their understanding of an agreement with the nature of the intermediation services provided. This includes recognizing the INTERMEDIATOR's role in transactions and consenting to the platform's operational model. Each access and transaction performed on the platform signifies the user's tacit consent to these terms.
User Compatibility: By agreeing to these terms, users affirm that their needs and objectives align with the services and operational model of the INTERMEDIATOR, ensuring a mutual fit between user requirements and the platform's capabilities.
By adhering to this term, the User declares that his profile is compatible with the operation performed
3. Disclaimer of Warranties
Limitation of Liability for Information and Services:
The INTERMEDIATOR operates as a facilitator between users and a diverse network of partners and service providers. It is crucial for users to recognize that the INTERMEDIATOR cannot be held liable for any losses or damages resulting from reliance on information, products, or services obtained through our platform or directly from our partners. The responsibility to verify the accuracy, completeness, and utility of any information, advice, or content obtained through partner websites or interactions falls solely on the user.
Non-Banking Institution Disclaimer:
Please be aware that the INTERMEDIATOR is not a banking or financial institution. Consequently, no deposits or transactions are insured by any public or private insurance systems, nor are they guaranteed by any government or financial entities.
Service Availability and "As Is" Provision:
By accepting these terms and conditions, you acknowledge and agree to the following:
The INTERMEDIATOR dedicates significant effort to ensure the availability, security, and proper functioning of our service. However, the use of our platform and services is at your own risk.
Our services are provided on an "as is" and "as available" basis, without any form of express or implied warranty. This means there is no guarantee that access to our services will be uninterrupted, timely, secure, or error-free. Various external factors, beyond our control, may impact the availability and functionality of our services.
There are no guarantees regarding the outcome or value of transactions conducted through our platform. The INTERMEDIATOR will not be liable for any losses incurred due to delays, suspensions, or interruptions in service, regardless of the cause.
User Acknowledgment:
By continuing to use the INTERMEDIATOR's services, you explicitly acknowledge your understanding of these disclaimers and agree to proceed under these conditions. We strive to provide a reliable and effective platform, but it is essential for users to approach transactions and services with due diligence and informed judgment.
4. Secure Access and User Responsibilities
Secure and Restricted Access:
Access to secure and password-protected areas of the website is exclusively reserved for authorized users. These areas contain sensitive information and functionalities intended only for those with explicit permission to use them. Unauthorized attempts to access these secure areas are strictly prohibited and may result in legal action, including criminal and civil charges, in accordance with applicable laws and regulations.
Compliance with Laws and Regulations:
All users must comply with international, federal, state, and local laws and regulations when accessing and using the site. This compliance extends to the responsible use of the platform, ensuring that activities do not infringe upon the rights or safety of society, organizations, or individuals.
User Accountability:
By accepting these terms of use, you acknowledge and accept full responsibility for:
Account Integrity: Maintaining the security and integrity of your account, including safeguarding the confidentiality of your login credentials.
Authorized Access: Ensuring that access to your account is kept secure and that any actions taken through your account are authorized and lawful.
Transaction Responsibility: Overseeing all transactions initiated through your account, ensuring they comply with these terms and applicable laws.
Financial Security: Protecting your account from unauthorized access that could result in the loss or misappropriation of funds. The INTERMEDIATOR disclaims responsibility for losses resulting from compromised account security.
Liability for Misuse: Bearing responsibility for any claims, fees, fines, penalties, and other liabilities arising from misuse of your account or violations of these terms.
Reimbursement Obligations: Reimburse the INTERMEDIATOR for any liabilities, fees, and expenses incurred due to the enforcement of these terms in relation to your account's misuse.
Compensation for Damages: Compensating the INTERMEDIATOR for any damages caused by prohibited activities or conduct that violates these terms.
Proactive Security Measures:
Users are encouraged to adopt proactive security measures, such as regularly updating passwords and monitoring account activity, to prevent unauthorized access and ensure the ongoing security of their accounts.
Reporting Security Breaches:
Should you suspect that your account has been compromised or observe unauthorized use, promptly report the issue to the INTERMEDIATOR's support team through our designated email address: [email protected].
5. General Considerations on Verification and Compliance
Verification of Information:
The INTERMEDIATOR is committed to maintaining the integrity and reliability of its platform. To this end, we reserve the right to employ all lawful and reasonable methods to verify the authenticity of receipts, documents, or records submitted by users. This verification process is crucial for ensuring the trustworthiness of transactions and interactions within our platform.
Handling Illegality, Fraud, and Violations:
Proactive Measures: In cases where there is tangible evidence of illegal activities, fraudulent behaviour, or breaches of our general terms and conditions by a user, the INTERMEDIATOR holds the authority to take necessary actions to protect the platform's integrity and its users' interests. This includes but is not limited to, scrutinizing the information, content, or data provided by the user that may be in violation of our terms.
Suspension of Services: Should any user-related complaint arise or if there's a suspicion of violation as mentioned above, the INTERMEDIATOR, at its sole discretion and without the need for prior notice, may temporarily suspend the intermediation services provided to the involved user. This suspension will remain in effect until a thorough investigation is conducted and the situation is resolved.
Commitment to Fair Resolution:
The INTERMEDIATOR is dedicated to ensuring a fair and transparent resolution process. We aim to promptly address any concerns or violations while maintaining open communication with the affected parties. Our goal is to resolve issues in a manner that upholds the principles of fairness and integrity, ensuring the platform remains a trusted environment for all users.
6. Currency Fluctuation and time limit
The INTERMEDIATOR, In the event that the exchange rate between the United States Dollar (USD) and the Brazilian Real (BRL) and other currencies increases by more than R$0.02 (two cents BRL or other currencies) from the rate quoted at the time the order was created, The INTERMEDIATOR reserves the right to request a new order from the Client to adjust for the currency fluctuation. This adjustment is to ensure that The INTERMEDIATOR retains the value of the transaction as agreed upon in the original contract. The Client agrees to comply with such a request within a reasonable timeframe. Failure to comply with the adjustment request may result in cancelling the order
A. Payment via TED must be made within 2 hours from the time the order is generated.
B. Payment via PIX must be made within 1 hour from the moment the order is generated.
C. Payment via Credit Card must be made within 1 hour from the time the order is generated.
D. Payment via BOLETO must be paid on the current day.
If a payment is made after the periods mentioned above, we reserve the right to ask the customer to create a new order based on the amount paid.
7. Reporting and Resolution of Violations
The INTERMEDIATOR is committed to maintaining the integrity and compliance of its services in accordance with the general conditions outlined in this agreement. To facilitate this, we have established a dedicated channel for the reporting of any violations, concerns, or non-compliance by users.
Contact for Reporting: Users, partners, and third parties are encouraged to report any instances of non-compliance, including but not limited to violations of the terms and conditions, through our designated email address: [email protected]. This channel is monitored continuously to ensure prompt attention to all reports.
Process:
1. Submission: Reports should be submitted via email and include as much detail as possible to assist in the investigation. This may include the nature of the violation, any relevant dates or times, and the identity of the parties involved if known.
2. Acknowledgment: Upon receipt of a report, the INTERMEDIATOR will send an acknowledgement email to the reporter, confirming that the report has been received and is under review.
3. Investigation: The INTERMEDIATOR will conduct a thorough investigation into the reported issue. This process will be carried out with discretion and in accordance with applicable laws and regulations.
4. Resolution: Following the investigation, the INTERMEDIATOR will take appropriate action in response to the findings. This may include mediation between parties, suspension or termination of services for the violating user, or other measures as deemed necessary.
5. Notification: The reporter will be notified of the outcome of the investigation and any actions taken, to the extent permitted by privacy laws and confidentiality agreements.
Commitment to Fairness:
The INTERMEDIATOR is dedicated to ensuring that all reports are treated with seriousness and impartiality. We are committed to resolving issues in a manner that is fair, transparent, and respectful of all parties' rights.
8. Contractual Terms and Conditions
Termination of Contract:
The agreement established between you, the user, and the INTERMEDIATOR is designed to ensure a mutual understanding of each party's rights and responsibilities. It is important to note that this contract will automatically terminate, without the need for any formal notice or legal action, if you fail to comply with the general conditions outlined herein. This automatic termination is in accordance with the law and serves to protect the integrity and operational standards of the INTERMEDIATOR's platform.
Amendment of Terms:
The INTERMEDIATOR values the ability to adapt and respond to changing circumstances and legal requirements. As such, we reserve the unilateral right to modify, update, or otherwise change these terms and conditions at any time and at our sole discretion. Changes may reflect updates in legal standards, operational modifications, or enhancements to user services. While we aim to notify users of significant changes, the absence of notification does not affect the enforceability of the updated terms.
Validity and Enforceability of Terms:
Our commitment to providing a fair and lawful platform extends to the enforceability of these terms and conditions. Should any term or condition within this document be declared invalid or unenforceable by a court of competent jurisdiction, we will take steps to amend or replace the affected term. The goal of any amendment or replacement will be to preserve the original intentions of the terms as closely as legally possible, ensuring that the revised term remains consistent with the overall spirit and purpose of the agreement.
Ensuring Compliance and Understanding:
We encourage all users to review these terms and conditions regularly to understand their rights and responsibilities fully. Your continued use of the INTERMEDIATOR's platform signifies your agreement to be bound by the current version of these terms and conditions, including any amendments made since your last review.
Privacy Policy
Last revised: 1st of July 2024
This Privacy Policy outlines our commitment to safeguarding personal data and adheres to Law 13.709/18 and other applicable legislation. By accepting this policy, the User consents to the processing of their data by MERCADO EASY SOLUÇÕES E TECNOLOGIA LTDA (hereafter referred to as the Controller) as detailed herein.
1. Definitions
Database: A structured set of personal data, stored electronically or physically.
Data Controller: The entity that decides on the processing of personal data. In this policy, MERCADO EASY SOLUÇÕES E TECNOLOGIA LTDA is the Controller.
User: Individuals using the payment intermediation services.
Cookies: Small text files stored on your device to facilitate personalized navigation.
Anonymized Data: Data that cannot identify the holder.
Personal Data: Information related to an identifiable natural person.
IP Address: A unique number assigned to each computer on the Internet.
Logs: Records of User activity on the Controller's platforms.
Data Processing: Operations performed with personal data, such as collection, storage, and transmission.
Cloud Computing: The use of remote servers over the internet to store, manage, and process data.
Website: https://checkout.https://plannpay.com
2. Data Controller and Owner
MERCADO EASY SOLUÇÕES E TECNOLOGIA LTDA, located at Avenida Paulista, 1471, Barão de Cristina Building, Conjunto 511 Floor 5, Bela Vista CEP: 01.311-927, São Paulo - SP, registered under CNPJ No. 43.684.116/0001-08.
3. Mode and Location of Data Processing
The Controller ensures data is processed securely, preventing unauthorized access or data breaches. Data processing utilizes IT tools and follows procedures aligned with the purposes outlined.
Access Control: Only authorized personnel have access to personal data, ensuring compliance with data protection laws.
Processing Locations: Data is processed at the Controller's premises or other locations where involved parties operate, always under strict security measures.
4. Legal Bases for Processing
The collection and processing of personal data comply with the legal bases outlined in Law 13.709/18 (LGPD), including:
Consent: The User has agreed to the processing for specified purposes.
Legitimate Interest: Processing is necessary for sales strategies, service improvement, or product offerings.
Legal Obligation: Compliance with legal or regulatory obligations.
Legal Defense: For the Controller's defence in legal and administrative proceedings.
Fraud Prevention: In cases of suspected fraud or rights violations, for investigation by competent authorities.
Marketing: Sending advertising to Users who have expressed interest.
Service Information: Sending information about services, safety recommendations, and layout changes.
Credit Protection: Within legal limits and for compliance with agreements or terms the User has accepted.
This Privacy Policy is designed to ensure Users are informed and their data is protected in accordance with current legislation.
5. Collections of Personal Data and Purpose of Treatment
Summary: Personal data is collected either directly by the user or anonymously through cookies. This data is essential for fulfilling the Service Provision Agreement and improving user experience. Users can disable anonymous cookie collection via their browser settings.
5.1 Direct User Submission
Data collection occurs when users voluntarily submit their information through our website, applications, and services. This includes data entered while navigating our platforms.
5.2 Anonymous Collection via Cookies
We also collect data anonymously through browsing cookies, enhancing user experience and service quality.
5.3 Third-Party Data
Users may provide data from third parties, assuming responsibility for obtaining the necessary permissions. This includes data integration from partners on the Plan N Pay platform.
5.4 Data from External Sources
We collect data from third parties, such as credit protection records and Politically Exposed Persons (PEP) lists, including those from the Office of Foreign Assets Control (OFAC) and the United Nations Security Council (CSNU), as well as the Credit Information System (SCR), with user consent. This collection is to comply with this Agreement and applicable regulations.
5.5 User Consent to Data Use
Users consent to the collection, storage, treatment, processing, and use of their information as outlined in this Policy by accepting it.
5.6 Cookie Usage
We use cookies and anonymous identifiers for audience control, navigation, security, and advertising, with user consent. Cookies vary by validity (session or permanent), ownership (own or third-party), and purpose (strictly necessary, performance, functionality, analytical and advertising, social media, security).
5.7 Types of Collected Data
Personal Data: For user identification and authorization, including name, CPF/CNPJ, telephone, address, etc., as required by regulatory obligations.
Contact Data: For service use, including telephone numbers and email addresses for validation, management, and communication purposes, including advertising and newsletters with user consent.
Logs and System Maintenance: System logs and other data (such as IP addresses) are collected for operational and maintenance purposes.
Location Data: Collected for confirming user-registered information, and enhancing security.
Browsing Habits: Collected to improve the integrative platform and user experience.
5.8 Data Use by Controller's Network
Collected data may be used by the Controller's employees, partners, subcontractors, and group companies for the purposes outlined in the Terms and Conditions of Use, including offering and providing payment, credit, and investment services, or as legally permitted.
5.9 Data Sharing with Strategic Partners
Data may be shared with strategic partners, Acquirers (Processors), and the Brand to facilitate service provision to users.
5.10 User Responsibility for Data
Users are responsible for safeguarding their personal, financial, and banking data. The Controller is not liable for policy non-compliance due to user-shared data or unauthorized third-party acquisition not attributable to the Controller.
5.11 Data Anonymization
The Controller may anonymize user data, allowing for collection, storage, sharing, and other treatments without user authorization, as individual identification is not possible.
5.12 Use of Personal Data
The Controller strictly uses personal data for the purposes for which user consent was obtained or other legal bases outlined in this policy. Users will be informed of any purpose changes.
6. Data Storage
The data we collect is stored securely, utilizing both physical servers and cloud computing technology to ensure the safety and integrity of your personal information. Despite rigorous security measures, no system is entirely immune to vulnerabilities. Therefore, except in cases of proven fraud or negligence on our part, we are not liable for any damages or losses stemming from system failures, viruses, or unauthorized database access.
Data may be stored on our own servers or those of third-party providers, whether on physical servers or through cloud computing technologies. These may be located either within Brazil or internationally, potentially involving data transfer or processing outside of Brazil. We commit to storing data in locations that adhere to high-security standards and comply with personal data protection legislation.
7. User Rights
As a user, you have specific rights under the General Data Protection Law, including the right to petition, oppose, confirm processing, and access your personal data. You may request the correction of incomplete, inaccurate, or outdated data, as well as the anonymization, blocking, or deletion of your data at any time by contacting us. It is your responsibility to ensure your data is up-to-date, and we provide tools to facilitate the correction and updating of your information.
Should there be shared use of data, we will inform other processing agents of any corrections, deletions, anonymizations, or blocking of data to ensure consistency across all platforms. You have the right to refuse consent for data collection, which may affect the functionality of our services. Consent can be revoked at any time, potentially impacting service operability. Data portability requests to another service or product provider will be honoured in accordance with national regulations, respecting commercial and industrial secrets.
Requests for data deletion will be evaluated against our need to preserve rights and comply with legal obligations, court orders, audits, or contractual obligations. You may inquire about data treatment and sharing, and request clarifications about this Privacy Policy, with responses provided within 15 days.
8. User Choices
You have control over your data, including the ability to disable cookies through your browser settings, reflecting your preference for privacy. You may also opt out of marketing communications at any time via links provided in our communications, though this will not affect the receipt of administrative or non-marketing communications.
9. Deletions of Data
Data will be deleted automatically from our servers once it no longer serves the purpose for which it was collected or upon your request, except where retention is necessary to comply with legal or regulatory obligations, transfer to third parties under appropriate data processing agreements, exclusive use by the Controller with anonymized data, or other justifiable circumstances outlined in the General Data Protection Law (LGPD).
10. General Provisions
This Privacy Policy may be updated or modified to reflect changes in our business practices or compliance with legal and regulatory standards. Updates will be communicated to users via the email provided upon registration, and the revised policy will be binding from the date of email dispatch. It is your responsibility to review these updates. Disagreements with new provisions may lead to the revocation of consent.
11. Applicable Law and Jurisdiction
This Privacy Policy is governed by Brazilian law, with the jurisdiction of São Paulo, state of São Paulo, designated for any disputes or interpretive divergences.
For any questions, requests for data deletion, restrictions on processing, or transfers of personal data, or for any doubts regarding this Privacy Policy, please contact our legal department at [email protected] Outsourced companies, partners, and integrators processing data collected by us must adhere to the stipulations of this policy and ensure high security levels as per our Information Security Policy. Should any provision of this policy be declared null or inapplicable, the remaining provisions will continue in full force and effect.
São Paulo, 1st of July 2024.