TERMS AND CONDITIONS OF THE PAYMENT SERVICES OF CONEXIÓN DE ALTURA PAGO S.A.
These Terms and Conditions (hereinafter, the “T&Cs”) apply to any person (hereinafter, the “User”, and in plural, the “Users”) who wishes to use and/or accesses and/or uses the Payment Services (hereinafter, the “Services”) provided by CONEXIÓN DE ALTURA S.A. (hereinafter, “CONEXIÓN DE ALTURA”) through the Payment Account owned by the User, provided by CONEXIÓN DE ALTURA, through the ASTROPAY mobile application, operated by ASTROPAY GLOBAL (IOM) LIMITED (hereinafter, respectively, the “ASTROPAY APP” and “ASTROPAY”).
The User must read, understand, be aware of and accept all the conditions set forth in these T&Cs prior to using the Services. The use of the Services through the ASTROPAY APP implies the User’s full acceptance of these T&Cs and, therefore, they are binding and mandatory from such acceptance. Any person who does not agree with and does not accept these T&Cs must refrain from using the Services.
I - CONCEPTS AND DEFINITIONS
CONEXIÓN DE ALTURA: is the company that provides the payment services regulated in these T&Cs, whose corporate name is CONEXIÓN DE ALTURA S.A., CUIT 30-71745882-2, with registered address at Julio Leónidas Aguirre 455, Mendoza, Argentina.
User: is any person who has registered in the ASTROPAY APP, accepted the Terms and Conditions of Use of the ASTROPAY APP and these T&Cs.
Parties: means CONEXIÓN DE ALTURA and the User, jointly.
ASTROPAY APP: is the mobile application downloadable on mobile devices (cell phones) commercially known as “ASTROPAY” and/or any other name that may replace it in the future, through which the Services are provided.
User Account: is the User’s profile to access the ASTROPAY APP, together with the Personal Password.
Personal Password: is the password created by the User to access the ASTROPAY APP and use the Services.
Payment Account: is the virtual payment account owned by the User, identified with a Uniform Virtual Key (CVU) and Alias, automatically created by CONEXIÓN DE ALTURA upon registration in the ASTROPAY APP and acceptance of these T&Cs, through which the User may make payments and send and receive transfers.
Services: are the payment services that CONEXIÓN DE ALTURA will provide to the User through the ASTROPAY App, including: payment via transfers, incoming and outgoing transfers of funds, withdrawals and credits of funds from locations made available by ASTROPAY to Users, and any other service that CONEXIÓN DE ALTURA may provide.
II - CONEXIÓN DE ALTURA S.A. IS A PAYMENT SERVICE PROVIDER OFFERING PAYMENT ACCOUNTS
CONEXIÓN DE ALTURA is a Payment Service Provider that offers payment accounts and, as such, is limited to providing payment services and is not authorized to operate as a financial institution by the Central Bank of the Argentine Republic.
The funds deposited in the Payment Accounts provided by CONEXIÓN DE ALTURA do not constitute deposits in a financial institution, nor do they have any of the guarantees that such deposits may have under the applicable laws and regulations governing deposits in financial institutions.
CONEXIÓN DE ALTURA shall maintain all funds corresponding to Users’ Payment Accounts in a demand bank account in pesos at one or more financial institutions in Argentina, and such funds shall be available at all times, immediately upon the User’s request, for an amount at least equivalent to the amount credited to the Payment Account, except for any restrictions and/or limitations that may be imposed by governmental and/or judicial authorities.
III - REGISTRATION CONDITIONS
REGISTRATION. Any User wishing to use the Services must comply with the technological requirements set forth in the ASTROPAY APP, proceed to register with a User Account and accept these T&Cs.
The User authorizes CONEXIÓN DE ALTURA to use the personal information provided in the ASTROPAY APP at the time of registration and allows ASTROPAY to share such information with it, in order to create the User’s customer file. Notwithstanding the foregoing, it is the User’s responsibility to keep CONEXIÓN DE ALTURA informed of any updates to their personal data.
CONEXIÓN DE ALTURA may request the User at any time to update the personal data provided and/or to submit supporting documentation, either at CONEXIÓN DE ALTURA’s own discretion or due to regulatory requirements. If CONEXIÓN DE ALTURA verifies a breach by the User of the obligations assumed herein, it may, as applicable, temporarily suspend and/or permanently cancel the Services associated with the User’s Payment Account, without such decision giving rise to any right to compensation and/or indemnification.
The User shall be obliged to satisfactorily comply, for CONEXIÓN DE ALTURA, with the customer identification and due diligence process provided for in the respective anti-money laundering and counter-terrorism financing policies that CONEXIÓN DE ALTURA may establish and implement, in accordance with these T&Cs.
Only natural persons with legal capacity to contract in accordance with the rules of the Civil and Commercial Code of the Argentine Republic, who hold a valid National Identity Document issued in the Argentine Republic, who request registration in the ASTROPAY APP for the opening of a Payment Account and the use of the Services, and who accept these T&Cs, may be holders of Payment Accounts.
CONEXIÓN DE ALTURA reserves the right to reject any request to open a Payment Account for a User, without the need for any notice or justification, at its sole discretion.
In any case, the User authorizes CONEXIÓN DE ALTURA to carry out any additional inquiries it deems necessary for the validation of their identity and/or the justification of the operations carried out by the User in the Payment Account.
IV - OPERATING CONDITIONS
1. OPERATIONS. All operations related to the Payment Account may be carried out and consulted by the User from the ASTROPAY APP. The available operations include:
- Inquiries: inquiries of balances in the Payment Account and movements.
- Transfers: receiving in the Payment Account, and ordering from it, transfers of funds from and to bank accounts and other payment accounts, whether belonging to the User or to third parties.
- Payments via transfer: making payments by transferring funds from the Payment Account, by reading/scanning interoperable QR codes at merchants that accept this payment method.
- Deposits: depositing funds into the Payment Account at locations enabled for such purposes.
- Withdrawals: withdrawing available funds from the Payment Account at locations enabled for such purposes.
- Enrollment in other Virtual Wallets: enrolling the Payment Account in other Virtual Wallets different from the ASTROPAY APP.
The User acknowledges and accepts that the execution of operations, including transfers and payments, is subject to the normal functioning of the national payment system, the networks involved and third-party participants, therefore CONEXIÓN DE ALTURA does not guarantee their immediate processing in all cases.
2. USE OF THE PAYMENT ACCOUNT ON OWN BEHALF. The Payment Account may only be used in the User’s own name and on their own behalf, and not on behalf of or in representation of third parties. Likewise, the User shall be solely responsible for all operations carried out with their User Account and Personal Password from the ASTROPAY APP.
3. IRREVOCABILITY OF OPERATIONS. All operations ordered by the User through the ASTROPAY APP that involve the use of the Services on the Payment Account may not be revoked. Any request for chargeback, cancellation, dispute and/or reversal must be directed against the recipient of such operation.
The User acknowledges and accepts that it is their sole responsibility to correctly verify the recipient’s details before confirming any operation.
4. PROHIBITIONS. The User undertakes to use the Payment Account exclusively for permitted and lawful activities. If CONEXIÓN DE ALTURA has any indication and/or suspicion that the Payment Account is being used by the User for an activity prohibited by law or by these T&Cs, it may reject, cancel or suspend a transaction, and/or temporarily or permanently block access to the Services related to the Payment Account.
5. LIABILITY OF CONEXIÓN DE ALTURA. CONEXIÓN DE ALTURA shall not be liable for:
- expenses, damages, losses and/or harm, direct or indirect, arising from the User’s misuse of the contents and functionalities of the Payment Account, nor those caused by computer viruses or system failures of any kind affecting the User;
- delays, interruptions, suspensions, cancellations, terminations or deficiencies in internet or data services that prevent or hinder access to the Payment Account, or the download or consultation of its contents and functionalities;
- expenses, damages, losses and/or harm caused by improper or negligent use by the USER that results in disclosure to third parties of access data and Personal Password and the possible access, intrusion and use of the Payment Account by unauthorized third parties.
6. BLOCKING AND RETENTION OF FUNDS. CONEXIÓN DE ALTURA may, for reasons of security, fraud prevention, regulatory compliance and/or requirements of competent authorities, block, retain or temporarily limit the availability of funds in the User’s Payment Account, as well as suspend the execution of operations, until the corresponding verifications are carried out.
V - GENERAL CONDITIONS
1. CAPACITY. Only those persons with legal capacity to contract and who are duly registered as USERS may accept these T&Cs. Minors without authorization, persons who do not have legal capacity to contract, or USERS who have been suspended or disqualified by CONEXIÓN DE ALTURA, either temporarily or permanently, may not register or use the Services.
2. TERM. TERMINATION. EFFECTS.
2.1. TERM. These T&Cs shall remain in force for an indefinite period, from the moment CONEXIÓN DE ALTURA has opened the Payment Account owned by the User, until its termination due to any of the causes provided herein. This is without prejudice to those obligations which, by their nature, must survive after termination.
2.2. TERMINATION. Both the User and CONEXIÓN DE ALTURA may terminate the contractual relationship arising from the User’s acceptance of these T&Cs, without the need to state any cause and without such decision giving rise to any right to claim, indemnity or compensation of any kind in favor of the other party, provided that such decision is communicated to the other party and to ASTROPAY at least fifteen (15) calendar days in advance.
2.3. TERMINATION FOR CAUSE BY CONEXIÓN DE ALTURA. CONEXIÓN DE ALTURA may terminate the contractual relationship immediately, without prior notice or demand, and may also claim damages that may have been caused, in the following cases:
a) If a breach by the User of these T&Cs is verified;
b) If the information and/or documentation provided by the User is found to be false, incomplete, inaccurate, inconsistent or misleading;
c) If the User is declared bankrupt, files for preventive bankruptcy proceedings, is disqualified from operating, or is affected by any other situation suggesting insolvency;
d) If the User is reported by other Users and/or third parties;
e) If there are indications or it is discovered that the User participates or has participated in unlawful or fraudulent activities;
f) If transactions outside the User’s transactional profile are detected and the User does not justify the origin and legality of the funds;
g) If any misuse of the Payment Account is detected.
2.4. EFFECTS OF TERMINATION. In the event of termination of the contractual relationship arising from the acceptance of these T&Cs by the User, the User must immediately cease using the Payment Account. CONEXIÓN DE ALTURA, for its part, in the event that there are funds in the User’s Payment Account, must proceed to return them to a payment or demand account owned by the User, or, if this is not possible, by the means or method determined by CONEXIÓN DE ALTURA, which may even proceed to deposit such amounts judicially or notarially, with the costs of such procedure being borne by the User.
3. PRIVACY POLICY
3.1. GENERAL ASPECTS OF CONEXIÓN DE ALTURA’S PRIVACY POLICY
The User who accesses and uses the Payment Account unconditionally accepts CONEXIÓN DE ALTURA’s privacy policy described in this section (hereinafter, the “Privacy Policy”). The registration and opening of a Payment Account by the User through the ASTROPAY APP, as well as the use of the Services, requires the User to provide certain personal data.
“Personal Data” means information of any kind relating to the User that allows their identification, either directly or indirectly. If the User does not provide such personal data, they will not be able to initiate the registration process or use the Services. CONEXIÓN DE ALTURA collects and stores Users’ information in the ordinary course of its business and, in some cases, may disclose it to third parties.
It is important that every User is aware of this Privacy Policy, since by registering in the ASTROPAY APP, they provide their express and informed consent for the use of their personal information, as well as all information that CONEXIÓN DE ALTURA collects and/or acquires in connection with the provision of the Services, under the terms and scope described below.
This Privacy Policy may not constitute the entirety of Users’ privacy rights due to regulations that may be issued at any time by the competent authority. CONEXIÓN DE ALTURA shall retain Users’ Personal Information for the period necessary to fulfill the purposes for which it was collected and to comply with applicable legal and regulatory obligations.
In particular, information related to the User’s identification, file and transactions carried out shall be retained for a minimum period of ten (10) years, in accordance with the applicable regulations on anti-money laundering and counter-terrorism financing. Acceptance of these T&Cs implies that the User has read, understood and accepted all the terms of this Privacy Policy.
3.2. USER INFORMATION
In order to register in the ASTROPAY APP, every User must provide certain personal and general information (hereinafter, the “Personal Information”), which must be provided completely and accurately, guaranteeing the truthfulness and accuracy of the information provided under sworn statement.
In the event that the Personal Information declared by the User contains any omission, distortion and/or falsehood, CONEXIÓN DE ALTURA reserves the right to suspend and/or cancel the Services associated with the Payment Account, as well as to exercise all legal actions that may correspond.
The User guarantees the truthfulness, accuracy, validity and authenticity of the Personal Information provided and undertakes to keep it updated at all times. CONEXIÓN DE ALTURA may confirm and validate the Personal Information provided by the User through public agencies, specialized companies or credit bureaus, and any other mechanism including, but not limited to, social networks, telephone calls, etc.
The User expressly consents to cooperate with any form of identity validation required by CONEXIÓN DE ALTURA. In particular, the User gives their consent for the personal data contained in their National Identity Document, which may include biometric data such as fingerprint and facial recognition data, to be verified by comparison with the database of the National Registry of Persons (“RENAPER”) and/or any other body that may replace it in the future, considering that:
a) The data will be processed for the purpose of validating the User’s identity and verifying the validity of the National Identity Document;
b) The compared data will be destroyed once the validity of the National Identity Document has been verified and validated, and may not be stored;
c) The data are provided on a mandatory basis, as it is essential to reliably identify the User to ensure the proper identification process;
d) The data subject may exercise the rights of access, rectification and deletion of their data at any time and upon request before RENAPER, as indicated herein;
e) In compliance with Resolution AAIP No. 14/18, the User is informed that the Agency for Access to Public Information, in its capacity as Supervisory Authority of Law No. 25,326, has the power to handle complaints and claims filed by those affected in their rights due to non-compliance with current regulations on personal data protection.
CONEXIÓN DE ALTURA will collect information considered “sensitive” (as defined in Law No. 25,326), and may also automatically collect and store certain information about Users’ activity, in accordance with these T&Cs.
Information relating to User activity may be used by CONEXIÓN DE ALTURA for statistical, analytical and service improvement purposes, in anonymized form. Likewise, CONEXIÓN DE ALTURA may entrust third parties with the collection, storage and processing of such information, in compliance with applicable regulations.
CONEXIÓN DE ALTURA may store Personal Information in an automated personal data file located in a jurisdiction other than the Argentine Republic, which may not be recognized by applicable regulations as a jurisdiction providing adequate levels of protection of personal data. By registering their User Account, the User confirms that they are informed of the possibility of hosting such file outside the Argentine Republic and authorizes the consequent and eventual international transfer of their data.
Personal Information will be processed by CONEXIÓN DE ALTURA in accordance with applicable legislation and in compliance with the technical and organizational measures recommended by the competent authority on personal data protection, in order to prevent its alteration, loss, unauthorized consultation or processing and detect intentional or unintentional deviations of information.
Notwithstanding the foregoing, the User acknowledges that even the most advanced measures are not infallible, and therefore understands and accepts that CONEXIÓN DE ALTURA cannot guarantee absolute security of the information, this being an obligation of means and not of results, and therefore assumes the corresponding risk.
3.3. USE OF PERSONAL INFORMATION
Personal Information is collected by CONEXIÓN DE ALTURA for the purpose of:
a) allowing the User to use and/or access the Services;
b) determining the User’s transactional and risk profile, as well as building their file in accordance with applicable regulatory requirements;
c) preventing unlawful activities such as money laundering, tax evasion and fraud;
d) analyzing trends, behaviors, conduct and interests of Users, in order to improve the Services and enhance their functionalities;
e) sending information or messages through the ASTROPAY APP or any other communication channel with the User.
3.4. AUTHORITY OF CONEXIÓN DE ALTURA TO SHARE PERSONAL INFORMATION WITH THIRD PARTIES
CONEXIÓN DE ALTURA may disclose and/or share Personal Information with:
a) other Users in connection with operations or transactions carried out with the Payment Account;
b) affiliated, subsidiary or related companies, and third parties with whom CONEXIÓN DE ALTURA has a business collaboration relationship or strategic partnership, for the purpose of offering Users information about products and services of such companies and enabling access to them through the Payment Account;
c) RENAPER and/or any other governmental authority to validate the User’s identity and the validity of the national identity document.
In cases where Personal Information is shared with third-party service providers, such parties shall only access such information to provide services following CONEXIÓN DE ALTURA’s instructions and/or as previously agreed to process transactions related to the Payment Account (including, but not limited to, financial institutions, insurance companies, payment processors, call centers, etc.).
Likewise, CONEXIÓN DE ALTURA may process, disclose or transfer Personal Information to third parties:
a) when required by law or by judicial or administrative authority;
b) under the exceptions provided by Personal Data Protection Law No. 25,326;
c) to defend its rights.
3.5. DATABASE REGISTRATIONS
CONEXIÓN DE ALTURA’s databases — including the User database — shall be duly registered in accordance with applicable regulations.
CONEXIÓN DE ALTURA S.A., with address at Julio Leónidas Aguirre 455, Mendoza, is responsible for the database generated through the use of Payment Accounts by Users.
4. PREVENTION OF MONEY LAUNDERING AND TERRORIST FINANCING
The User acknowledges that CONEXIÓN DE ALTURA is authorized to request any information necessary to comply with legal regulations related to Anti-Money Laundering and Counter-Terrorism Financing (Law 25,246 and amendments, Resolutions 30/17, 200/24 of the Financial Information Unit, and any future amendments or replacements), allowing identification of the User as well as the origin, legitimacy and legality of the funds used.
In this regard, the User undertakes to provide CONEXIÓN DE ALTURA, upon first request, all information required for such purposes.
Likewise, the User consents to CONEXIÓN DE ALTURA sharing information and/or documentation from their file with:
(i) competent administrative, regulatory or judicial authorities; and/or
(ii) third parties involved in providing the Services or complying with legal obligations, including other obligated entities, where necessary to comply with applicable AML/CFT regulations.
5. SWORN STATEMENTS
5.1. SWORN STATEMENT ON LEGALITY AND ORIGIN OF FUNDS
a) The User declares under oath that the funds and values used in connection with the Payment Account originate from and will be used for lawful activities, and that all transactions carried out will strictly correspond to the declared activity and/or public sources that CONEXIÓN DE ALTURA may consult.
b) The User undertakes to cooperate with CONEXIÓN DE ALTURA and provide, upon request, all information and/or documentation necessary to verify identity, legal status, address and any other data required to comply with applicable regulations. Failure to provide such information may constitute a breach under these T&Cs.
c) Without prejudice to other sections of these T&Cs, CONEXIÓN DE ALTURA may terminate all or some Services when:
i) identification requirements cannot be met;
ii) an operation is deemed “suspicious”;
iii) transactions are inconsistent with the User’s declared activity;
iv) at CONEXIÓN DE ALTURA’s sole discretion.
5.2. FATCA SWORN STATEMENT
In compliance with the U.S. Foreign Account Tax Compliance Act (FATCA), the User declares under oath that:
i) they are not a U.S. person (citizen or resident);
ii) they do not act on behalf of a U.S. person;
iii) if they are a U.S. person, they undertake to cooperate and provide information required to enable reporting to the IRS.
5.3. OECD SWORN STATEMENT
For purposes of the exchange of financial account information under the OECD framework, the User declares under oath that their tax residence is in the Argentine Republic.
VI - USER RIGHTS
CONEXIÓN DE ALTURA recognizes and guarantees the following rights in favor of the User, within the framework of the use of the Services:
6.1. RIGHT OF WITHDRAWAL
The User has the right to revoke acceptance of these Terms and Conditions within ten (10) business days from confirmation of the opening of the Payment Account, without the need to state any cause.
For this purpose, the User must notify CONEXIÓN DE ALTURA of their decision in a reliable manner or through the same means by which the service was contracted.
The revocation shall be free of charge and without liability for the User, provided that the Services have not been used. If they have been used, only the commissions and charges corresponding to the proportional period of use shall be charged.
6.2. RIGHT TO INFORMATION AND TRANSPARENCY
The User has the right to receive truthful, clear and sufficient information regarding the Services, their conditions of use, costs, commissions, associated risks and any other relevant circumstance for decision-making.
The User may also consult the “Transparency Regime” prepared by the Central Bank of the Argentine Republic (BCRA), based on information provided by regulated entities, in order to compare costs, characteristics and requirements of financial products and services, at:
http://www.bcra.gob.ar
6.3. RIGHT OF ACCESS, RECTIFICATION AND DELETION OF PERSONAL DATA
The User has the right to access their Personal Information, as well as to request its rectification, updating and, where applicable, deletion, in accordance with Law No. 25,326 on Personal Data Protection.
Such requests must be made via email to the address indicated or through the contact channels provided by CONEXIÓN DE ALTURA, in accordance with these T&Cs.
6.4. RIGHT TO SERVICE CANCELLATION
The User may, at any time, request the closure of the Payment Account and cancellation of the Services, without the need to state any cause, in accordance with the procedure established in these T&Cs.
Such cancellation shall not generate charges, without prejudice to commissions and/or costs accrued from operations carried out prior to the request.
6.5. RIGHT TO BE INFORMED OF MODIFICATIONS
The User has the right to be informed of any modification to these Terms and Conditions and/or to the Services, under the terms and conditions established in section 7.3.
6.6. RIGHT TO FAIR TREATMENT AND COMMUNICATION CHANNELS
The User has the right to receive fair, equitable and non-discriminatory treatment, as well as to have adequate communication channels to make inquiries, requests and claims related to the Services.
CONEXIÓN DE ALTURA shall provide appropriate contact channels for such purposes, which will be communicated through the ASTROPAY APP and/or official communication channels.
VII - MISCELLANEOUS
7.1. DOCUMENTATION
The User expressly accepts that the documentation and information related to these T&Cs may be in electronic format, and may make copies, including physical copies, of the documentation and information provided by CONEXIÓN DE ALTURA.
The User irrevocably authorizes CONEXIÓN DE ALTURA to record and/or store the User’s operations related to the Services, and to use such records as evidence before administrative and/or judicial authorities.
Records issued by CONEXIÓN DE ALTURA shall be considered sufficient proof of compliance with the services provided, replace the need for any receipt and are fully enforceable against the User.
7.2. ASSIGNMENT
The User may not assign, transfer or otherwise dispose of the rights or obligations arising from these T&Cs, in whole or in part.
CONEXIÓN DE ALTURA reserves the right to assign, transfer or dispose of all or part of its rights or obligations, as well as its contractual position, for which the User grants their consent.
7.3. CHANGES AND MODIFICATIONS OF THE T&Cs AND SERVICES
CONEXIÓN DE ALTURA may modify these T&Cs at any time by notifying the User via email and/or through the ASTROPAY APP.
All modifications shall enter into force sixty (60) calendar days after notification and/or publication, unless a regulation or legal requirement establishes a shorter period.
Within such period, the User may choose not to accept the modifications, in which case the contractual relationship shall be terminated.
After such period, acceptance shall be presumed, including if the User continues to use the Services.
Modified T&Cs shall apply to all transactions carried out after such period.
CONEXIÓN DE ALTURA may also modify, restrict and/or eliminate Services, temporarily or permanently, with prior notice of at least sixty (60) days.
7.4. ENTIRE AGREEMENT
These T&Cs constitute the entire agreement between the User and CONEXIÓN DE ALTURA regarding the Services. Acceptance implies agreement with all provisions, including future amendments.
7.5. DELAY OR OMISSION. NO WAIVER
Any delay or omission by CONEXIÓN DE ALTURA in exercising its rights shall not be interpreted as a waiver thereof nor as recognition of rights in favor of the User.
7.6. SEVERABILITY
If any provision is deemed invalid or unenforceable, it shall be modified and interpreted to fulfill its purpose to the greatest extent possible under applicable law, while the remaining provisions shall remain in full force.
Section headings are for convenience only and shall not affect interpretation.
7.7. TAXES
The User acknowledges and accepts that certain Services may be subject to taxes and/or fees applicable under current legislation.
All such taxes shall be borne by the User, and CONEXIÓN DE ALTURA may withhold and remit them to the relevant authority if applicable.
7.8. COMMUNICATIONS
The User expressly accepts that CONEXIÓN DE ALTURA may contact them through the ASTROPAY APP and/or email to send communications related to the Services.
Communications shall be deemed received once made available in the APP or sent to the email provided at registration.
7.9. SERVICE FEES
Fees for the Services, if applicable, shall be charged by ASTROPAY.
7.10. ADDRESSES
For all purposes, CONEXIÓN DE ALTURA establishes its address at Julio Leónidas Aguirre 455, Mendoza.
The User establishes their address as declared during registration in the ASTROPAY APP.
7.11. APPLICABLE LAW. JURISDICTION
These T&Cs shall be governed by the laws of the Argentine Republic.
Any dispute arising therefrom shall be submitted to the competent ordinary courts according to the User’s domicile.
