2. PARTICULAR CONDITIONS OF CONTRACT

2.1. CONCEPT

The PECUNPAY card, under its different modalities, (hereinafter, "card") is a prepaid MASTERCARD or VISA card, which allows the HOLDER to obtain professional goods and services in those establishments that accept MASTERCARD or VISA cards, and also have , with a Point of Sale (POS) Terminal device.

Likewise, this card allows the HOLDER to make purchases over the Internet, as long as the website accessed accepts this means of payment, in which case, it will be subject to the conditions established therein.

The balance of the card will not accrue, in any case, interest or any other type of remuneration in favor of the HOLDER.

2.2. CARD OWNERSHIP

PECUNPAY holds the ownership of the cards it issues on a personal basis. Its HOLDER will be a natural or legal person, whose identity must be stated on the card itself, except if the contracted product is a gift, instant or virtual card.

23. CARD ISSUANCE

The HOLDER authorizes PECUNPAY to issue a financial card linked to a payment account assigned to the HOLDER's name, except if the contracted product is a gift, instant or virtual card.

The payment account is associated with the card and other electronic media, so that any operation carried out through such means will be reflected in the account.

If the HOLDER requests additional cards, each card will be associated with a new payment account. The HOLDER's request for one or more additional cards will imply the consent of the HOLDER in relation to the charges that PECUNPAY makes in his payment account as a result of the transactions and withdrawals made with said additional cards.

2.4. VALIDITY OF THE CARDS

The card will have limited validity until the date that appears on it.

Once the form is completed and the payment is made, and once our internal checks have passed within an estimated period of 10 business days, the user will receive the card.

In the case of renewal of the card, upon its expiration date, the client will be sent, thirty calendar days prior to said date, a new card applying, in each case, the applicable renewal conditions in the particular conditions of the card. same.

The renewed card will be issued with a new card number, which will maintain the same relationship with the original payment account and, therefore, will maintain its conditions of use and available balance in said account.

Notwithstanding the foregoing, PECUNPAY reserves the right to cancel or modify the validity date of the cards during their validity period, as well as not to proceed with their renewal upon expiration, losing the HOLDER all rights. relating to its use.

2.5. OPERATIONS

The use of the card will be done in accordance with the instructions for use established by PECUNPAY in this contract and on its own website, without prejudice to the power that PECUNPAY holds to modify such instructions for use. The modifications will be notified to the HOLDER and will be published on the web page corresponding to each product. They will be applied sixty calendar days after their publication, unless expressly indicated in each case.

Each operation will be registered by PECUNPAY and the HOLDER will be able to access such information through the web page corresponding to each product ("client area" section), except if the contracted product is an instant or virtual gift card, in which case will provide the available balance of the card through the means established by PECUNPAY.

The validity of the disposition made will be presumed based on the invoice, dataphone receipt, electronic terminals for registration and/or authorization of operations, reading of its magnetic stripe or electronic chip or any other means of identification established in the conditions of use of the card, even when the display of your national identity document, Personal Identification Number or signature is not required. The same consequences will be applicable in the case of remote sales (Internet).

The effective use of the card will be presumed by the mere recording of the transaction in PECUNPAY's computer files.

The operations carried out by the HOLDER will be considered authorized when he has given his consent through any of the channels established for the use of the means of payment contemplated in these general and particular conditions.

2.6. CARD LIMITS

For the use of the card by the HOLDER, the HOLDER may establish a limit in the amount, beyond which it may not be used, without his express authorization. Likewise, the HOLDER may establish limits on the availability of his card, either in each movement or for determined periods (days, weeks, months, years...).

The maximum total amount of the operations that can be carried out at any time will be determined by the amount available in the account, as well as by the cash availability limits established in ATMs, the limits for transactions in stores and, in the same way, will be limited provisions and cash income through the private network.

PECUNPAY reserves the right to block the use of a payment instrument for objectively justified reasons related to the security of the payment instrument, suspicion of unauthorized or fraudulent use thereof.

2.7. PAYMENT ORDERS

The HOLDER expressly authorizes PECUNPAY to settle in the payment account the operations carried out by the HOLDER when he has consented to them. It will be understood that the HOLDER has consented to the operation, when it has been carried out through any of the channels provided by PECUNPAY, among which are any use of his card, card number or PIN, without restriction.

The payer may withdraw consent at any time prior to the irrevocability date referred to in articles 36 and 52 of Royal Decree-Law 19/2018, of November 23, on payment services and other urgent financial measures. However, if the HOLDER does not hold the status of consumer or micro-enterprise in the terms specified in Royal Decree-Law 19/2018, of November 23, they may not withdraw consent.

Likewise, the HOLDERS accept that the payment account serves as accounting support to carry out operations using any means of payment that is associated with it.

All those that are duly authorized by the HOLDERS of the account, or are in charge of any of them, will be accepted as debits of the account.

When a payment order is not executed or executed defectively, PECUNPAY will act in accordance with the provisions of article 60 of Royal Decree-Law 19/2018, of November 23.

2.8. RECHARGES

The HOLDER must pay, in advance, a sufficient amount for the amount charged. The cards may be recharged as many times as desired up to the limit assigned by the HOLDER, except if the contracted product is a gift card, instant card, or virtual card, where a single recharge may be made.

The HOLDER may recharge the card through the following channels:

1. Within the web page corresponding to each product, in the "Customer Area" section, by debiting a financial card.
2. By Bank transfer
3. In cash, at the charging points enabled in PECUNPAY
4. Through any other procedure that may be established by PECUNPAY.

2.9. DISPOSAL OF CASH

The withdrawal of cash from the account will imply, on the one hand, the prior transformation of the electronic money in the account into cash and, on the other hand, the relevant notation in the HOLDER's payment account.

The payment account may not reflect a negative balance derived from the operations carried out by the HOLDER, so it will be obliged to have a sufficient balance for each operation requested.

If for any reason (including, but not limited to, a technical error attributable to PECUNPAY or any of its external providers) the HOLDER has a negative balance in his payment account, he agrees to immediately recharge the amount required to correct the negative balance. . Said amounts expire without the need for prior notification. If you don't:

1. PECUNPAY may exercise its right to compensation that will mean the disposal of account balances or any other type of asset in the name of the HOLDER, whether derived from this contract or from any other legal relationship that unites the parties.
2. PECUNPAY may initiate a chargeback procedure for any specific transaction that leads to your payment account having a negative balance;
3. PECUNPAY may take debt collection measures that include, but are not limited to, sending a debt collection agency or lawyers or filing the claim in court. PECUNPAY reserves the right to charge the HOLDER the expenses reasonably incurred in connection with any debt collection or compliance efforts;
4. If PECUNPAY requests that you complete a Surcharge to correct a negative balance and the HOLDER does not do so within 7 business days, it authorizes you to initiate a payment transaction for the amount of the negative balance (or the equivalent in another currency) of one of your Cards stored or User Bank Accounts. 

2.10. BALANCE INQUIRY

The HOLDER may check the available balance of the card on the website corresponding to each product, in the "customer area" section, as well as through the appropriate means when available, except if the contracted product is a gift card, instant or virtual, in which case it is provided by the means that PECUNPAY makes available to the client at any time.

No business or establishment will be able to inform you about the balance of your card.

2.11. IDENTITY VERIFICATION

THE HOLDER agrees to cooperate with all requests made by PECUNPAY or any of its external service providers on its behalf in relation to its Account, to identify or authenticate its identity or validate its sources of financing or transactions. This may include, but is not limited to, requesting additional information that allows PECUNPAY to reasonably identify you, including requiring you to take steps to confirm ownership of your phone number or payment instruments or verify your information against third-party databases. or through other sources.

PECUNPAY reserves the right to close, suspend, or limit access to your Payment Account and/or Payment Services in the event that you are unable to obtain or verify such Information or fail to comply with your requests as set forth in the preceding paragraph. . PECUNPAY can confidentially verify the information provided by the HOLDER or obtain information about it or through third parties from secure databases. The HOLDER confirms that he gives his consent to PECUNPAY or a third party on his behalf to carry out said verifications.

THE HOLDER must ensure that the information in his account is always accurate and up-to-date. If at any time PECUNPAY believes that your information is outdated or inaccurate, you can contact the HOLDER and request more information or request that you go through the verification process again. PECUNPAY will not be responsible for any loss arising from your failure to maintain updated information.

2.12. MINORS OR PEOPLE WITH LIMITED CAPACITY TO ACT

Minors, persons subject to guardianship and, in general, those with limited capacity to act, must state this circumstance and, in turn, show the documentation that authorizes them to obtain the card.

PECUNPAY will not be responsible for the breach of this obligation to the extent that it has observed the legally required precautions to verify the identity and circumstances of the HOLDER.

2.13. USE ABROAD

For the debit of the sums derived from the use of the card abroad, the change to euros will be applied to the currency of the country of origin of the transaction corresponding to the day on which PECUNPAY has paid the amount of the operation.

The change to euros over the currency will increase in the commissions that PECUNPAY has established for operations carried out abroad. The HOLDER will be subject to the current legislation that regulates the limits set by the competent monetary authorities for expenses abroad, as well as the regime on exchange control, and on the declarations that he is obliged to make. The HOLDER will respond for the breach of said regulations, and PECUNPAY cannot be held responsible. The expenses incurred, if any, must be justified by the HOLDER before the authorities that require it, and PECUNPAY cannot be held responsible for the HOLDER's non-compliance.

2.14. PERSONAL IDENTIFICATION NUMBER (PIN)

With the issuance of the card, PECUNPAY will provide a Personal Identification Number (PIN), which the HOLDER, if applicable, can modify and which will be required in any use of the card by the provider of the good or service, in order to certify that it is its legitimate HOLDER.

Said PIN will be requested by the HOLDER through the web page corresponding to each product, in the "customer area" section, except when the contracted product is a gift card, instant or virtual, in which case, it will be provided through the channels that PECUNPAY makes it available to the client in each case.

If the unique identifier provided by the payment service user is incorrect, the provider will not be responsible for the non-execution or defective execution of the payment transaction.

2.15. OBLIGATIONS OF THE HOLDER

The OWNER agrees to:

• a) Comply with the conditions of use stipulated in this contract and, in general, use the payment instrument in accordance with the conditions that regulate its issuance and use.
• b) Accept as proof of operations those previously listed, whether carried out by the HOLDER, or by third parties, with or without authorization from the former.
• c) Immediately notify PECUNPAY of any irregularity in the records of operations that appear to be carried out with the card.
• d) Respond for the veracity and keep your data updated.
• e) Comply, in due time and form, the requirements made by PECUNPAY.
• f) Sign the card immediately if there is a space enabled for this purpose.
• g) Guarantee the security of the use and disposal of the card, in particular, keep the Personal Identification Number secret and, in general, any personalized security credential.
• h) Notify PECUNPAY, immediately, of the loss, misplacement, theft, misappropriation or falsification of the card through the telephone numbers that appear on the card itself.
• i) Destroy or deliver to PECUNPAY the card that has expired or has been replaced.

2.16. OBLIGATIONS OF PECUNPAY

PECUNPAY undertakes to:

• a) Cancel expired cards, as well as those reported for having been destroyed, stolen or lost.
• b) Keep the Personal Identification Number secret.
• c) Inform the HOLDERS of the operation, the status of the accounts and extracts, the movements made through the card and resolve any doubts that may arise.
• d) Refrain from sending payment instruments that have not been requested, except in the event that a payment instrument already delivered to the user of payment services must be replaced. This substitution may be based on the incorporation into the payment instrument of new functionalities, not expressly requested by the HOLDER. This substitution will be made free of charge for the HOLDER.
• e) Guarantee that adequate and free means are available at all times that allow the user of payment services to communicate in the event of loss, theft or misappropriation of the payment instrument or its unauthorized use.
• f) Guarantee at all times that adequate and free means are available that allow the user of payment services to request the unlocking or replacement of the payment instrument, in the event that the reasons for blocking its use have ceased.
• g) Prevent any use of the payment instrument once the user has notified him of the loss, theft or unauthorized use of the payment instrument.

2.17. DISCLAIMER

PECUNPAY will be exempt from liability with respect to those operations that, even being against the will of the payer, have been carried out as a consequence of an order received by PECUNPAY for whose authentication the established security requirements have been fulfilled.

The use of the PIN by a person other than the HOLDER presupposes gross negligence or, where appropriate, fraud on the part of the HOLDER.

PECUNPAY, without prejudice to adopting the measures it deems appropriate, is exempt from liability in the event of lack of attention to your card by any of the businesses, banks and savings banks committed to the sale of goods or provision of services, or due to incidents of a technical or operational nature at ATMs.

PECUNPAY will also remain oblivious to the incidents and responsibilities that may arise from the operation carried out between the establishment and the HOLDER of the card.

PECUNPAY excludes, from the scope of its application, Visa's Zero Liability Policy (Visa Global Zero Liability Policy), submitting to current European regulations on the matter.

The payer's liability regime will be applied in the event of unauthorized payment operations which, in each case, is regulated by the applicable legislation on the matter. Specifically, the HOLDER who does not hold the status of consumer or micro-enterprise in the terms established in Royal Decree-Law 19/2018, of November 23, on payment services and other urgent financial measures, will be obliged to bear the losses derived from unauthorized payment operations resulting from the use of the lost, stolen or misappropriated payment instrument by a third party, as long as the loss, theft or misappropriation of the payment instrument is not reported to PECUNPAY.

2.18. REFUND

PECUNPAY will reimburse, at any time, exclusively at the HOLDER's request, the monetary value stored in his payment account. In any case, the HOLDER must send PECUNPAY a refund request together with the original of the card through the channels enabled for this purpose.

Electronic money, by default, will be reimbursed by issuing a new electronic money card, in accordance with the commission rate approved by PECUNPAY, in the name of the HOLDER, unless the HOLDER indicates otherwise, in which case the HOLDER will assume the costs generated as a result of reimbursement and accrued commissions.

In the cases in which the HOLDER requests the reimbursement of the same and this does not occur through the issuance of a new card, the issuer will receive a commission for reimbursement reflected in the particular conditions of each product, as well as any type of expenses generated as consequence of the processing and execution of the reimbursement. The issuer may only receive said commissions when the contract determines an end date and the HOLDER has terminated the contract prior to said date.

Notwithstanding the foregoing, the payer will not have the right to reimbursement when:

• a) the payer has given his consent for the payment transaction to be executed directly to the payment service provider, and
• b) the payment service provider or the payee have provided or made available to the payer, in the agreed manner, information regarding the future payment transaction at least four weeks in advance of the scheduled date.

In addition, PECUNPAY will be excluded in the case of unauthorized payment operations, if the payment instrument is used anonymously or the payment service provider is unable, for other intrinsic reasons of the payment instrument itself, to demonstrate that the payment transaction has been authorized, following the provisions of article 34.2.a) of Law 19/2018.

Likewise, PECUNPAY would not have to demonstrate, in these cases, that the payments made, have been made by an authentic order, if the payment instrument is used anonymously or the payment service provider is unable, for other intrinsic reasons of the payment instrument itself, to demonstrate that the payment transaction has been authorized, as determined in article 34.2.b) of Law 19/2018.

2.19. CONSULTATION OF EXTRACTS AND MOVEMENTS

PECUNPAY is exclusively responsible for the veracity and accuracy of the information regarding the account statements managed by it and never for the information that any other company or third party outside of PECUNPAY may provide the HOLDER, by any means, in the event that there was discrepancies in the requested information.