Terms and conditions of use

Last updated on september 8, 2016

This document states the Terms and Conditions of Use that will rule the access to the “RECARGAPAY” application, accessible through: www.recargapay.com or www.recarga.com the websites (the “Sites”) (the “Web Application”), or through (ii) the Google Play Store, Mac App Store and Windows Store (the “Mobile Application”, and together with the Web Application, the “Application”), of which RECARGAPAY DO BRASIL SERVIÇOS DE INFORMATICA LTDA., is responsible, with corporate office on Avenida Morumbi, n.º 6091 – 2° Andar – Conjunto 22, Morumbi, San Pablo – SP, CEP 05650-002, registered with the National Commercial Registry under No. 11.275.560/0001-75 (“RECARGAPAY”), and all the products or Services accessible through the Application.

The use of the Application, which includes the Services made available through the Application, is subject to the terms herein stated and to the supplementary and additional provisions set forth by RECARGAPAY and informed to the Users through the Application; all other national and international applicable laws and regulations and the privacy policy must be complied with.

By accessing or using the Application -occasionally or frequently- or by using the Services made available through the Application, the visitor has accepted or agreed to these Terms and Conditions of Use. Therefore, all Users must read these Terms and Conditions carefully before using the Application.

In addition to these Terms and Conditions of Use, each product and service may be governed by particular terms and conditions, to which persons using these Services or acquiring these products shall be subject. The above mentioned documents may complement, modify or delete part of the clauses herein stated and shall prevail over these Terms and Conditions of Use. We advise you to read these Special Terms and Conditions, if applicable pursuant to the Services hired.

The Privacy Policy available at recargapay.com/en/privacy is an integral part of these Terms and Conditions, as well as all the websites and links available through the Application, which include information generating rights and/or obligations for the Users and advertisers

01. User Status

a) Personal Information

Every User who accepts the Terms and Conditions of Use and the particular terms and conditions set forth by RECARGAPAY, or that RECARGAPAY may set forth in the future, shall be deemed to have acquired User Status. Nevertheless, prior registration by the User may be required for the use of certain Services or the purchase of certain products. Said registration shall be aimed at identifying the User and collecting the necessary contact information.

As regards registration, the User must provide the correct information which shall be considered as sworn statement. Whenever the information provided by the User is inaccurate or incorrect, such User shall be deemed to have failed to comply with these Terms and Conditions of Use, and shall be liable for all damages suffered by RECARGAPAY or any third parties as a consequence of such false information supplied. Additionally, said information may be appreciated against the User who acted in bad faith.

After registration, the User will be provided with a username and password to enable personal, confidential and secure access to his/her personal account on the Application. Services requiring registration have been designed for the User's personal use only; therefore, the username and password provided by RECARGAPAY shall be used only by the User, and use by a person other than the User is strictly prohibited. The registered User shall have a duty to hold and secure the access username and password, and to immediately inform RECARGAPAY in the event of loss of confidentiality.

The User also has the legal duty to update the personal information stored in the records as necessary, and notify RECARGAPAY whenever there has been a change as regards said information.

RECARGAPAY reserves the right to request any additional evidence and/or information for the verification of the personal information, as well as the right to temporarily or permanently suspend the accounts of Users whose information has not yet been confirmed. Users shall be liable for all the transactions conducted through their personal accounts, and they shall give prompt and due notice to RECARGAPAY of any unauthorized use of their accounts and of any access by unauthorized third parties.

RECARGAPAY reserves the right to request any additional information for the verification of the personal information, as well as the right to temporarily suspend the accounts of Users whose information has not yet been confirmed.

RECARGAPAY shall be entitled to reject any registration application, or cancel any previously accepted registration, without assigning any reason thereof, and without conferring any right on the User.

Pursuant to the Privacy Policy adopted by RECARGAPAY all personal information provided by the Users shall be handled and stored adequately at all times, in the interest of privacy.

b) Legal Capacity of Users

Only those who, in accordance with the laws in force in their place of residence, can validly give their consent to enter into contracts may access and use the Services offered by RECARGAPAY. Those who, in accordance with the laws in force, do not have such legal capacity may only use the Application through their legal representative, who shall remain liable for all the acts performed on behalf of the incompetent.

When the lack of capacity is due to the age, such lack may not be cured. Access to the Application by a minor is strictly prohibited, unless the laws of the place in which the minor resides provide otherwise. In this case, liability arising from Services to which minors have access, shall be imposed on the adults responsible for them. Therefore, minors who access the Application shall obtain their parents', guardians', or legal representatives' permission, whenever such access is permitted by law.

As regards legal persons' representatives, Users shall have sufficient authority to act on behalf of the represented entity and to bind it to the terms hereof. If the User lacks such sufficient authority, or acts beyond the authorized scope, he/she shall be bound personally.

02. Services offered by RecargaPay

a) Main Service

Through the Application, the Users may recharge their cell phone credit (the “Main Service”).

b) Additional Services

The Application – in its “Web” and “Mobile” versions – also offers the Users different additional services, which enable them to access more benefits if they choose to subscribe (the “Additional Services” and, together with the Main Service, the “Services”).

In all cases, the Application will indicate the rates of the monthly subscription to the Additional Services, and conditions of payment will be the one provided for in these Terms and Conditions of Use.

The main Additional Services offered to Users through the Application are the following:

(i) “Prime Recharge” Service, “Web Application” Mode

Through the payment of a monthly subscription, Users will be able to recharge their mobile phone many times, without transaction cost each time they recharge.

(ii) “Prime Recharge” Service, “Web Application” Mode

Paying a monthly subscription, Users may (a) recharge their cell phones many times without transaction cost each time they recharge, and (b) double the limits applicable to credit recharges for authorized cell phones. In any event, it is placed on record that for safety reasons RECARGAPAY may limit some recharge orders, at its sole discretion.

(iii) “Automatic Recharge” Service

By paying a monthly subscription, Users will be able to make automatic recharges, which shall be credited once a month, for the same amount of the initial recharge made by the User at the time of subscribing to the service.

In relation to this it is placed on record that the User may cancel this service at any time, following the procedure provided for in the Application. Therefore, it must be noted that in order to unsubscribe from the “Automatic Recharge” service, uninstalling the application is not enough. The User must cancel the service manually, through the Websites, as it may correspond.

In any event, it is placed on record that, in some cases, the amount of the recharge will be deposited in the virtual wallet of the User, available through the Application, so that the User may apply such funds to make recharges. We inform the Users that RECARGAPAY, at its sole discretion, may consider expired any credit in the virtual wallet not used by the User in a 90-day term as from the time such amount was credited in that virtual wallet.

(iv) Account Payment Service

Through the Application, Users may pay bills and utilities in their name or in the name of third parties, including, among other, water, gas and electricity (the “Payment of Bills”). Therefore, Users shall comply with the procedure set forth in the Application and follow the steps therein described for the Payment of Bills, as applicable.

The means of payment and other payment methods authorized for the Payment of Bills, as well as the limits applicable to each means of payment selected by the User, shall be regulated by these Terms and Conditions of Use and by the provisions set forth in the Special Terms and Conditions, if applicable.

In any event, the Users recognize and accept that RECARGAPAY may set, as it may deem convenient, the limits regarding the means of payment selected by the User for the Payment of Bills. Therefore, and with no limitation whatsoever, RECARGAPAY reserves the right to set limits for the payment by credit or debit cards.

(v) Online Store

Also through the Application, Users may Access an online store (the “Online Store”) where they may purchase the different kind of products offered by other companies (the “Partners”). Users may apply any credit kept in the virtual wallet and available through the Application for the purchase of the products timely offered by the Partners at the Virtual Store.

In any event, the User acknowledges and accepts that Partners are the exclusive debtors and responsible for the products offered through the Application, and RECARGAPAY shall neither be liable for the products purchased by the Users through the Online Store, nor for their delivery, being only liable for providing some space through the Application, for the offer, by the Partners, of their products at the Online Store.

03. Payment Terms

Unless otherwise stated in particular cases or offers regarding certain products or Services, products and Services offered through the Application shall be paid via:

  1. Credit or debit card: The use of cards shall be subject to the Terms and Conditions of Use and to the terms agreed upon in the account opening contract between the User and the issuer. In this respect, aspects concerning credit and debit cards, including, issue date, expiration, limit, blocking, etc. shall be governed by the pertaining account opening contract and RECARGAPAY shall not be held liable for such aspects.
  2. PayPal: Users who already have a PayPal account that allows them to pay for the purchases made through the payment Services provided may pay the amount due for the products or Services purchased on the Application through this system of payment In these cases, all matters related to the use of the Services provided by PayPal, such as payment processing, payment sending, commissions, scope, and terms of use, shall be governed by the conditions agreed upon between the User and PayPal.
  3. Bank Slip: RECARGAPAY may issue a bank slip which, after being paid by the User, generates a deposit equal to the value of the slip in the User’s virtual wallet, as applicable.

Please refer to payment information in Section 05 of RECARGAPAY's Privacy Policy, that advices and establishes which shall be the procedures to store the information of the User's credit card.

The selection of the payment method shall be the exclusive decision of the purchaser. RECARGAPAY has no control over, or interference, with the manner in which the aforementioned payment operators perform the transactions. Users acknowledge and agree that they use the above-mentioned payment methods at their own expense and risk, and that they shall comply at all times with the terms of use, regulations or contracts upon which they have committed to using a certain method of payment. RECARGAPAY shall not be held liable for any action arising from the payment operators' activities, including, but not limited to, payment rejection, account closing or limitation, debit mistakes, mistakes due to the operators' system errors, failure to credit an amount due to RECARGAPAY etc. Additionally, Users acknowledge that their obligation to pay for the products or Services purchased through the Application shall not be discharged until the amounts owed are credited to RECARGAPAY's account.

RECARGAPAY reserves the right to set forth certain conditions for the purchase of the Services provided for in these Terms and Conditions of Use and/or in the special terms and conditions, depending on the payment method selected by the User. Such purchase conditions include, with no limitations, fixing payment limits to the use of credit or debit cards, being those limits applicable for the User’s purchasing of all the Services offered through the application, as RECARGAPAY may deem reasonable.

04. Contracting through the Application

Through RECARGAPAY, provider companies and/or Partners offer products and/or Services that may be accepted through the "electronic acceptance" by using the methods provided by the Application.

Whenever Users take all the necessary steps to purchase a recharge or any product or service, they shall be deemed to have given their consent and to have entered into an agreement with RECARGAPAY and the recharge or service provider, or more specifically the Partner, in the case of the Online Store. More precisely, the consent of the User shall be considered given by pressing "Confirm Purchase" or an equivalent prompt, as may be indicated in the Application.

Once accepted, the offer may not be withdrawn by the User, except in exceptional circumstances.

All purchases made by Users shall be conditioned upon the transaction approval by the payment operators selected by the Users. Once the transaction is approved, RECARGAPAY shall deliver the information of the recharge purchased. If the transaction is rejected, a new transaction may be made.

05. Term of the offer and price

The prices of the products and Services available through the Application, since they appear in the Application list, shall only be valid for and apply to the Application and shall not be applicable to other sales channels used by the provider companies, such as points of sale, telephone purchases, catalogs, etc. The provider companies may change any information contained in the Application, including, but not limited to, any information related to products, services, prices, stock and conditions, at any time and without prior notice, until they receive a purchase confirmation from the provider companies, subject to the approval conditions of the transaction.

RECARGAPAY reserves the right to modify the prices of the products and Services published in the Application without prior notice, as well as to modify the terms and conditions for the acquisition of the products and Services offered through the Application.

06. Use of the information submitted to the Site

As further provided for in the Privacy Policy, the Users' personal information referred to herein shall be aimed at confirming the purchase orders and improving the marketing and information of the products and Services offered. Under no circumstances shall RECARGAPAY disclose or share financial information about Users.

RECARGAPAY will not sell, rent, or disclose the Users' personal information to any third party in ways different from what is published in the Privacy Policy.

07. System or Database Infringement

The User shall not take any action or use any device, software or routine to interfere with the activity and operation of RECARGAPAY, as well as with its offers, information, accounts or databases or which may breach any of the provisions of the previous Section 5, restricting all the purchases made through the Application for strict personal use. Any interference, attempt of interference, or infringement contrary to intellectual property laws or the prohibitions contained herein, and/or threatening the systems security shall render the person responsible liable for any pertaining claims, and the penalties provided herein.

08. Intellectual Property

The contents of the websites related to the Services offered by RECARGAPAY, as well as all the information, trademarks, trade names, designations, data, texts, graphics, images, designs, photographs, audio, videos, logos, icons, programs, databases and files are the property of RECARGAPAY or of its providers companies and are protected by the laws and international treaties regarding copyrights, trademarks, patents, models, and industrial designs (Paris Convention Treaty, Berne Convention, WIPO Copyright Treaty, TRIPS agreement, etc.). Unauthorized use or reproduction of these contents without the express written permission of RECARGAPAY is strictly prohibited.

The use of this Application does not guarantee any explicit or implicit right or license to any intellectual property right of RECARGAPAY or of third parties.

RECARGAPAY reserves all intellectual property rights or other rights of the Application. The copy, distribution, storage, administration and deletion of the Application are strictly forbidden.

09. Links or Hyperlinks

  1. Links or Hyperlinks of the Application: The inclusion of any "hyperlink" or link on a web page other than a web page of the Application, to any web page of the Application shall only be made with the express consent of RECARGAPAY.

    Under no circumstances shall RECARGAPAY be held liable for the contents or information of the web pages containing links to the Application. The fact that a web page provides a hyperlink to the Application shall not imply that RECARGAPAY has knowledge of such information, or that RECARGAPAY is related to the owners of the web page containing the link.

    RECARGAPAY reserves the right to request the removal of any links contained in a web page other than the Application, at any time, without cause or prior notice. The person responsible for the web page containing the link to the Application shall have 48 hours upon RECARGAPAY's request to remove such link.

  2. Links or Hyperlinks from the Application: The hyperlinks or links on the Application to third parties' web pages are aimed at improving the Users’ Application browsing experience and providing them with tools, contents and services offered by third parties unrelated to RECARGAPAY.

    RECARGAPAY does not control, endorse or guarantee the security, quality, legality, truth or accuracy of the products and services and contents offered or provided by third parties on or through the Application when not contained in the Application. Additionally, RECARGAPAY shall not be liable for damages suffered by Users purchasing third parties' products or using third parties' services.

    Access to and use of the web pages linked from the Application shall be the exclusive responsibility of the User, who shall take all the necessary precautionary measures depending on the type of service, content accessed or product purchased.

    Any User who wants to report a web page linked from the Application as inappropriate will be able to do it through the report mechanism placed at the User's disposal on the Application.

10. Data Editing and Updating of the Account Cancellation. Cancel services.

USERS HAVE THE RIGHT TO ACCESS THEIR ACCOUNT, EDIT THEIR INFORMATION AND CANCEL THEIR ACCOUNT BY SENDING AN E-MAIL TO legal@recargapay.com. WHEN CONTACTING US PLEASE MENTION YOUR NAME, DOMICILE, E-MAIL ADDRESS AND THE INFORMATION YOU WOULD LIKE TO UPDATE.

LIKEWISE, USERS MAY CANCEL ADDITIONAL SERVICES TO WHICH THEY ARE SUBSCRIBED THROUGH THE CANCELLATION PROCESSES PROVIDED FOR EACH SPECIFIC CASE.

11. Penalties. Account Suspension

Notwithstanding any other measure deemed appropriate, RECARGAPAY has the right to temporarily or permanently suspend the User’s account if:

  1. They infringe laws, third parties rights, public policies, ethics and moral customs, or any provision contained in the Terms and Conditions of Use, the Privacy Policy or that may breach any other provision included in the Application.
  2. Do fail to comply with the commitments made.
  3. At RECARGAPAY's discretion, they are deemed to have acted fraudulently or with willful misconduct.
  4. Their identity may not be verified or any information provided by them is erroneous.

In the event a User's account is temporarily suspended or permanently cancelled, all products purchased and offers made shall be removed from the system, and such User shall have no right to make any claims.

12. Operation of the Application

You acknowledge that continuous and uninterrupted access and use of the Application is not guaranteed. The system may eventually be suspended due to technical difficulties, connection problems, or any other cause beyond the control of RECARGAPAY. Under no circumstances shall RECARGAPAY be liable for the operation, efficiency or safety of the telecommunication services rendered by third parties and available to the Users. RECARGAPAY does not guarantee the accuracy of the information and data contained in the Application and shall not be liable in any way for any errors or omissions on the Application.

To the extent permitted by law, the Services included in the Application shall be offered as is, with no warranties of any type, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose or non-infringement of rights.

To the extent permitted by law, RECARGAPAY shall not be liable and disclaims any responsibility for the accuracy, reliability, availability, integrity, legality and performance of the Application. When using this Application or the Services, you acknowledge that RECARGAPAY shall not be liable for any damages resulting from (1) the use of the Application or services; (2) the access or use of the information included on the Application or services; (3) the temporal or permanent access to or recovery of any service or contents of the User on the Application or the services, including, but not limited to the damages caused by a virus, worm, Trojan horse or other harmful or malicious software.

Under no circumstance RECARGAPAY shall be liable in relation to the Application or the services for (1) any direct, indirect, incidental, punitive or consequential damage of any nature; (2) damages for loss of use, data, profits, images or contents or other intangibles of the User; (3) damages for unauthorized use, non-performance of the Application, errors or omissions.

RECARGAPAY reserves the right to make any changes to the Application which it may consider necessary to remove, modify, edit or limit the scope and performance of the Application so as to improve the quality and features of the Application. The maintenance work may limit and/or partially interrupt the use of the Application and, in certain circumstances, cause the loss of data. Therefore, RECARGAPAY does not guarantee the availability of the service, or that there will not be any technical difficulty or data loss.

13. Indemnity

You agree to indemnify, defend and hold harmless RECARGAPAY and its officers, directors, employees, agents, subsidiaries, customers, partners, providers and affiliates (the "Indemnified Parties"), in relation to any responsibility, cost or settlements including, but not limited to any legal fees in which the Indemnified parties may incur in relation to any claim arising out of any breach of these Terms and Conditions of Use, caused by you or any User of an account assigned to you, whether such User is authorized or unauthorized.

14. Rates and Billing

The Application downloading and registration is free of charge. Whenever Users purchase a product or service, they shall pay the price listed on the Application.

RECARGAPAY reserves the right to modify, change, adapt or delete the current rates at any time by posting such changes on the Application. Additionally, RECARGAPAY and the providers have the right to temporarily modify the rates policy and/or promotional rates. Such modifications shall be effective immediately upon posting on the Application and shall remain in effect until subsequently changed.

15. Notices

All notices or communications required or permitted by these Terms and Conditions of Use must be made in writing and sent to the User, to the address or e-mail directly provided by the User on the registration form.

All communications consisting of notices and messages posted on the Application or sent during the course of the service aimed at informing Users of certain matters shall also be deemed to have been validly served and received.

16. Promotions

a) Promotional codes

RECARGAPPAY may, at its sole discretion, create new promotional codes that may be exchanged for recharge credit or for other elements or benefits related to the Services, subject to any additional condition that RECARGAPAY may establish on the basis of each promotional code (”Promotional Codes”).

The User agrees that the Promotional Codes: (I) shall be used for the intended audience and purpose and in a lawful manner; (ii) shall not be duplicated, sold or transferred in any manner or posted in digital distribution platforms including, but not limited to “Google Play Store”, “Mac App Store” or “Windows Store”, without RECARGAPAY’s authorization; (iii) may be invalidated by RECARGAPAY at any time and for any reason whatsoever without making RECARGAPAY liable; (iv) shall only be used according to the specific terms that RECARGAPAY may establish for said Promotional Code; (v) are not valid as cash; and (vi) may expire before used by the User.

RECARGAPAY reserves the right to withhold or deduct the credit or other elements or benefits obtained through the use of the Promotional Codes by the User or any other user in case RECARGAPAY may determine or deems that the use or the exchange of the Promotional Codes was wrongful, fraudulent or illegal, or in violation of the terms of the Promotional Codes or these Terms and Conditions of Use.

b) Other promotions

RECARGAPAY reserves the right, at its sole discretion, to carry out any type of action to promote the products and Services available through the Application, and may determine the conditions for access to rewards that may be granted, as the case may be. In any event, the criterion used by RECARGAPAY to determine the access to these actions and rewards granted shall not be in any case arbitrary, and shall comply with reasonable conditions.

RECARGAPAY may establish special terms and conditions to rule the access to these actions and awards granted.

c) Content provided by the User

RECARGAPAY may, at its sole discretion, enable the User to send, upload, post through the portals or other sites, text, audio and/or visual content and information, including comments and opinions related to the Services, as well as submitting applications for promotions (”User’s Content”). All the User’s Content provided by the User shall belong to the User. However, when generating User’s Content, the User grants in favor of RECARGAPAY a global, perpetual, irrevocable and transferable, license, free of royalties, with the right to sublicense, use, copy, modify, create any derivative work, distribute, exhibit publicly, present publicly or in any other manner use in any way said User’s Content in all the formats and distribution channels, already existing or to be created in the future (included in relation to the Services and business of REGARGAPAY, and in the sites and Services of third parties) without notice or consent by the User and without requiring payment to the User or any other person or entity.

The Users represents and warrants that: (I) it is the sole and exclusive owner of all the User’s Content or that it has all the rights, licenses, consents and authorizations necessary to grant RECARGAPAY the license of the User’s Content as set forth above, and (ii) neither the User’s Content or the presentation, upload, publication or availability offer in any other way of said User’s Content, nor the use by RECARGAPAY of the User’s Content as hereby authorized, shall breach, embezzle or violate the intellectual property or the property right of a third party, or marketing or privacy rights, or result in the violation of any applicable law or regulation.

The User agrees not to provide User’s Content that is defamatory, libelous, hateful, violent, obscene, pornographic, or illegal, or in any other way offensive, as determined by RECARGAPAY, at its sole discretion, whether or not the material is protected by law. RECARGAPAY may, at its sole discretion and at any time and for any reason, without prior notice, review, control or eliminate the User’s Content, but it is not bound to do so.

17. Jurisdiction and Law in force

These Terms and Conditions of Use and the relation between RECARGAPAY and the User shall be governed by the laws of the Federal Republic of Brazil. The Parties consent to the exclusive jurisdiction of the courts of the Capital of the State of São Paulo, to settle any disputes or claims between the parties, arising from the Services.

18. Changes and Modifications

RECARGAPAY may introduce changes and modifications to these Terms and Conditions of Use, as it may deem convenient and at its sole discretion, at any time and without prior notice, by just posting such changes through the Application. All changes shall take effect the day after they are posted. Users shall notify RECARGAPAY by email of their unwillingness to accept the changes within 5 (five) days of the date of posting. Otherwise, the User shall be deemed to have accepted said changes.

19. General Provisions

Incapacity or negligence regarding the fulfilment of any provision of these Terms and Conditions of Use shall not constitute a waiver of such rights or provision, which may be enforced at any time.

If any provision of these Terms and Conditions of Use is deemed invalid or unenforceable, such invalidity or unenforceability will not affect any other provision of these Terms and Conditions of Use.