Terms and conditions of use

Here are the Terms and Conditions of the Fazil App (hereinafter Fazil App) Fazil Neobank (hereinafter Fazil) that regulate your relationship as a user of the Fazil App and the fazilpay.com website. By accessing, downloading and using our Fazil App, a Contractual Relationship is established under both parties, governed by the terms and conditions set forth below. Within this contractual relationship, our Privacy Policy is also included, which you can access here. Remember that through our Fazil Store you can contract third-party products and services in which the terms and conditions of each service provider will apply.

By using the Fazil app You automatically fully accept each and every one of the terms and conditions in its version published by Fazil on its website at any time. For this reason, we recommend that you periodically read the terms and conditions of the Fazil app and the privacy policy to be aware of its modifications, which will only be notified if they are substantial modifications or when necessary by legal imperative. The Fazil app is owned and managed by Basque Pay, SL (hereinafter, “Fazil”), a Spanish company, with registered office at Calle Villa de Plentzia 42 – 5ºC, 48930 – Getxo, Bizkaia (Spain) and NIF B95972600, which is registered in the Bizkaia Mercantile Registry, Volume 5887, Page 16, Page BI-74088. For any questions or clarification about this document, you can write to us at the aforementioned address or by email to: soporte@fazilpay.com.

INFORMATION ABOUT REGISTRATION AND ACCESS TO FAZIL NEOBANK

INFORMATION ABOUT THE REGISTRY

In order to use the Fazil app and all its functionalities it is necessary to have internet access, a smartphone with NFC technology to configure the X-Pays in your Wallet and to have our installed Fazil app on your mobile phone. From here you can access and download the Fazil app. Once installed our Fazil app, you must complete the process of registering and creating your electronic money account (hereinafter, your "Account"), and recharge a minimum amount of money in your account through the Fazil app. The Fazil Neobank electronic money account is a service provided by Pecunia Cards EDE, SLU (the “Payment Service Provider”), so it is necessary that you read the Terms and Conditions of the Service Provider in detail before creating the account of Payment, that you can find here. If you do not accept the terms and conditions of our payment service provider we will not be able to offer you the services of the Fazil app.

For the registration and registration process, we will need you to provide us with the following information: name, surname, date and place of birth, gender, email, telephone, home address, nationality, identity document (DNI or NIE number, photographs and expiration date of the same) and profession. We will only use these data for the purposes described in the Privacy Policy (see here) and we will transmit them to the providers of the Services that you hire through the Fazil app. If you are under 18 years of age or if for any reason you do not have full capacity to act, you should not register or register with the Fazil app.

By registering and signing up for the Fazil app You guarantee the veracity of the data you provide us in the registration process.

Each person may only have one Account. You may not request more than one Account with the same name, same telephone number, same email and same identification number. Fazil reserves the right to eliminate all those accounts whose owner is duplicated.

INFORMATION ABOUT ACCESS AND YOUR PASSWORD

Do not reveal your access password to anyone Fazil app, nor give third parties access to your email account or your mobile phone. It is important that you maintain control of your password to access the Fazil app to prevent unwanted third party access.

We recommend that you be very careful with communications that ask for sensitive data, information about your electronic money accounts or any information that may allow third parties to usurp your identity. From Fazil we will never ask you for your access codes or card numbers, nor by email, telephone or any other communication channel. For justified security reasons, Fazil may temporarily or permanently block your account.

INFORMATION ABOUT FAZIL NEOBANK AND ITS SERVICES

FAZIL NEOBANK

Fazil Neobank provides you with a virtual prepaid electronic money account as well as different products and services that we sell through our Store. The virtual electronic money account and its services provided is provided by our payment service provider; Pecunia Cards EDE, SLU (hereinafter, the “Payment Service Provider”), with address at C/ Guzmán El Bueno, no 133, Edificio América, Bajo B, 28003 – Madrid. By contracting our payment service, you are doing so with the Payment Service Provider, whose terms and conditions you can consult here.

Through our Fazil App you will be able to access different functionalities and services both of Fazil and of third parties, which we will generally call Functionalities and Services respectively. From Fazil we make available to our users different Third Party Services and Functions that they can contract through our Store through different agreements that we have reached with our suppliers. By contracting third-party services through our Store you are automatically accepting their terms and conditions to which you will have access prior to contracting.

Both the service providers of our Store and our payment service provider will be called Suppliers from now on.

PAYMENT SERVICES

The payment services for your Fazil account are provided by our payment service provider, Pecunia Cards EDE, SLU (hereinafter, the "Payment Service Provider"), with address at C/ Guzmán El Bueno, no. 133, Edificio America, Bajo B, 28003 – Madrid.

The virtual card provided by Fazil Neobank is prepaid and can only be used when there is a sufficient balance in the user's electronic money account associated with the card. The account is created by default with €0 and must be recharged by the user with the amount they want from €10, taking into account the limits established in these terms and conditions. You can recharge your account directly from the Fazil app by using a valid bank card that has funds. The minimum recharge via bank card is €10.

From Fazil Neobank we provide you with Creation and Management Services for your electronic money account, you can create and cancel your virtual accounts and check the activity of your account. You also have Payment Services in your account that allow you to recharge your Fazil account through a Virtual POS with a European bank card or by bank transfer from a current account opened in a European Union country. We remind you that the income from your account cash are not allowed. Associated with these accounts is the Virtual Card Service that allows you to request the issuance and maintenance of a virtual card for a specific period of time. This card will be issued by our payment service provider. Thanks to the Card Management Service, you can block it, request the PIN or cancel the card at any time. The Transfer Service allows you to make transfers from your Fazil account to current accounts opened in Spanish territory. Transfers will take between 24 and 48 hours and are limited to €5,000 euros per day and a total of €10,000 per month. The Payment Service allows you to make payments in any currency with your Fazil card topped up with euros. We put at your disposal the Transfer Service between Fazil Accounts so that you can make immediate and free money transfers between Fazil user accounts. The ATM Withdrawal Service allows you to withdraw money at any compatible ATM. It is essential that this ATM have the option of withdrawing money via contactless since Fazil does not have physical bank cards. It will only be possible to use this service while the ATM is compatible with X-Pays (Google Pay or Apple Pay) to be able to withdraw money.

– OTHER FUNCTIONALITIES

In addition to the aforementioned, Fazil offers you other functionalities associated with your account:

- Fazil Pay: this functionality allows you to request money from third parties who are not Fazil Neobank users through a personalized link that generates a virtual POS to recharge electronic money and that you can send via Whatsapp or other means. This functionality has an operating limit of 5,000 total euros per month.
- Account Manager Functionality This functionality allows you to control and view all the movements of your account in a simple and detailed way.
- Block and unblock the virtual card when you need it.
- Functionality for displaying card data (name of the holder, PAN number, expiration date and CVV) in real time to make online purchases, among others.
- Copy/paste card number functionality to add it to online purchases or add it to Apple Pay or Google Pay, among others.
- Possibility of making free SEPA transfers.

PRODUCTS AND SERVICES FAZIL STORE

The services and products available in the Fazil Store are the property of the respective providers, as well as the applicable conditions and terms for each product and service that you can consult independently before contracting any product and/or service.

- PRICES

Below we show you the expenses and costs of the services associated with your Fazil Free account, both the download and the use of the Fazil app it is totally free. The cost of the different products and services present in the Fazil app provided by third parties are set by their respective providers.

PRICES AND SERVICES FAZIL NEOBANK
Account Cancellation Fees	Free
Account maintenance fees	Free
Fazil application	Free
Virtual card issuance fees	Free
Apple Pay	Free
Google Pay	Free
virtual card activation	Free
inactivity fee	Free
Commission for virtual card recharge	Free
Account type	Fazil Free
virtual card type	Virtual Debit Visa Card
service price	Gratuitous
Payment circumstances	No commissions up to €4,000/month (in any currency)
transfers	Yes, free with a maximum of €5,000 per day and €10,000 per month.
Cash withdrawals in Spain	Fazil is not designed to withdraw cash. You can pay for everything from your mobile with your card.
Payments in non EURO currency	2% unlimited commission
Sending of money	Free and instant between fazil users
Money recharges and transfers	Debit/credit/prepaid card Free and without assignments. Minimum recharge €10 Type of cards allowed: CARDS ISSUED IN THE SEPA AREA. Maximum per recharge for new customers: €200 Maximum per recharge for clients older than 60 days: €500 Maximum per day: €500 Maximum per week: €1,000 Maximum per month €2,000 Maximum number of recharges/day: 5 Maximum number of cards with which you can recharge per day: 3 Maximum number of cards with which a user can recharge his account per month: 4 Time interval between one recharge and another: 1 minute Wire transfer Free. hUp to €5,000 per day, maximum €10,000 per month.

App Fazil, through its payment service provider, reserves the right to apply maintenance and inactivity charges to those customers who incur in account blocking due to regulatory non-compliance or fraud. If they are asked for the necessary documentation to unlock their accounts and they do not respond or provide false or incorrect information, they may be subject to an annual maintenance fee of 36 euros and a monthly inactivity fee of 29 euros. These measures are implemented to combat fraud and ensure proper use of our services.

DURATION AND RIGHT OF WITHDRAWAL

Registration and access to Fazil app It is free and indefinite unless the contractual relationship between both parties ends for any of the reasons stated here.

As a user you can end the contractual relationship that unites us by unsubscribing from our services through the procedure enabled in our Fazil app or requesting it in writing by email to hola@fazilpay.com. We remind you that if you only delete our Fazil app your device your account will remain active, it is necessary that you follow one of the cancellation procedures explained above.

From Fazil we can end the contractual relationship that binds us and suspend your access to the account and certain functionalities and services or automatically unsubscribe if any of the following circumstances occur:

Breach of contractual obligations with our service and product providers.
Use or suspected use of Fazil Neobank for illegal, abusive, fraudulent purposes and all kinds of acts that can be considered criminal.
Detection or notification of irregular activities in your account or in the Fazil App.
Failure to comply with any legal regulations.
Detection or suspicions of falsity in the data provided for the registration and creation of the Fazil account.
It is necessary to comply with our legal obligations in relation to the fight against money laundering or the financing of terrorism
There is suspicion of unauthorized or fraudulent access or use of your Account or if it is observed that any of the features of your Account have been compromised, including the unauthorized or fraudulent completion of a Transaction.
We are unable to verify your identity or any other information about you, your Account, or a Transaction.
We suspect that you have provided false or misleading information.
We have to do so by law, by request of the police, court or any relevant regulatory or governmental authority.

From Fazil we will be able to keep the available balance for 30 working days from the receipt of your cancellation request in order to be able to deal with any payment that may occur in your account later.

SUPPLIER PRODUCTS AND SERVICES

Your relationship with the Payment Service Provider or the different providers that may be in our Fazil Store is direct and exclusive between you. From Fazil we only mediate and make available to you the contracting of different products and services. By accepting these terms and conditions, you are expressly accepting that any legal action or civil responsibility that you want to claim for actions or omissions of any provider present in the Fazil app must be directed exclusively against them. Both provider and user agree to hold Fazil harmless from any damage or loss caused by a claim regarding any service or product contracted through the Fazil app.

We put at your disposal this email soporte@fazilpay.com so that you notify us of any irregularity or infraction that you detect in relation to any of our products and services provided by our suppliers.

EXCLUSION OF OBLIGATIONS

Fazil Neobank only assumes the contractual obligations contracted through these terms and conditions. We decline all responsibility and obligations for the acts or omissions of our suppliers, falling on them said responsibility, for the adequacy of the services of our provider or of our Fazil app to your expectations or needs, due to the incompatibility of our Fazil app with your mobile devices, due to specific problems with the operation of our Fazil app that will be corrected as soon as possible, due to the impossibility of access to the Fazil app, due to the technical or commercial reliability of our suppliers, due to the presence of viruses or computer alterations that may affect the services provided, due to the formalization of contracts or agreements between the suppliers and you, due to the veracity, legality and validity of the services provided, by the level of satisfaction or quality of life expected from the use of the Fazil app, due to the preservation or loss of user activity information, due to the malfunction of third-party links present in the Fazil app, for any type of information referring to Fazil that is not included in these terms and conditions and for the breach of laws or of this contract as a consequence of the incorrect use of Fazil Neobank. Our liability for any breach of our obligations will be limited to cases of intent.

OBLIGATIONS AND RESPONSIBILITY OF USERS

You as a user are solely responsible for the use of your Fazil account and the Fazil app and these terms present a series of obligations that directly affect you as a user of Fazil Neobank. As a user you are responsible for the operations carried out with your virtual account and for any use made by accessing with your username and password. You are obliged not to use Fazil to carry out commercial activities solely for your personal use, to provide truthful data at all times, to use the Fazil app in accordance with the provisions of these terms and conditions and respecting the law in force at all times without infringing the law or the rights of third-party users or not. You must adopt the necessary measures so as not to cause damage or harm to other users, to Fazil or any of the providers. If you provide us with information about third parties, you must have the necessary consent to be able to transfer that information to us and you guarantee and accept that you have the right to do so freely and that said information does not violate any intellectual, commercial, industrial or other type of property right. Fazil remains harmless from any direct or indirect damage or harm suffered by the acts of users.

INDUSTRIAL AND INTELLECTUAL PROPERTY

All rights to the content, design and source code of this App and, in particular, including but not limited to, all rights to the photographs, images, texts, logos, designs, trademarks, trade names, data that is include in the Fazil app and on the web fazilpay.com and any other intellectual and industrial property rights are owned by BASQUE PAY SL, or by third parties that have expressly authorized BASQUE PAY SL for the use of the same in its different supports and media.

The use without the consent of Fazil or its legitimate owners of all trademarks or trade names, or any other distinctive sign, whether owned by Fazil or third parties, that are present on the website is prohibited. Fazil app.

According to Royal Legislative Decree 1/1996, of April 12, which approves the consolidated text of the Intellectual Property Law, regularizing, clarifying and harmonizing the current legal provisions on the matter, as well as Law 17/2001 , of December 7, Trademarks and the complementary legislation on intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution, public communication, including its modality of making available, of all or part of the contents of this App, in any support and by any technical means, unless expressly authorized in writing by BASQUE PAY SL

In no case will it be understood that the navigation access of the Users implies a waiver, transmission, license or total or partial assignment of said rights by FAZIL. Any use of these contents not previously authorized by FAZIL will be considered a serious breach of intellectual or industrial property rights and will give rise to the legally established responsibilities. You only have a right to use the functionalities and services of the Fazil app within a strictly domestic environment.

THIRD PARTY LINKS

The Fazil app It may contain links or hyperlinks to web pages or applications owned by third parties. Fazil does not assume any responsibility for the content, information or services that may appear on said sites, and that does not imply any relationship, acceptance or endorsement between Fazil and the persons or entities that own those contents or websites and/or applications where they are located. .

CONFIDENTIALITY AND DATA PROTECTION.

As established by Regulation (EU) 2016/679 of the European Parliament and of the European Council of April 27, 2016 (RGPD) on the protection of the processing of personal data of natural persons and their free circulation, Directive 95/ 46/CE on personal data protection. All the personal data that you provide us in order to use the Fazil app will be treated in accordance with these current regulations as detailed in our Privacy Policy that you can consult here.

MISCELLANY.

In the event that any clause of these terms and conditions is declared totally or partially null, this nullity will only affect the part that is totally or partially null without affecting the rest of the clauses of this document. If there is any discrepancy about these terms and conditions due to their translation into different languages by Fazil, the document in its Spanish version will prevail except for legal imperatives.

APPLICABLE LEGISLATION AND JURISDICTION

Our contractual relationship is governed by Spanish regulations and legislation, likewise any controversy related to this contractual relationship or the use of the Fazil app will be submitted by both parties to the Courts and Tribunals of Bilbao, expressly waiving any other jurisdiction. To solve any incident that may arise in the Fazil app You can contact us by email at soporte@fazilpay.com.

NOTIFICATIONS

At Fazil Neobank we have a firm commitment to the transparency and privacy of our users, which is why we will notify you through the Fazil app or via email of any substantial modification or circumstance that may affect our contractual relationship and our privacy policy. If you, as a user, want to send us a notification, you must do so by certified postal mail to the following address: Basque Pay SL, Calle Villa de Plentzia 42 – 5ºC, 48930 – Getxo (Bizkaia)

Terms and conditions of use

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