GENERAL TERMS AND CONDITIONS OF THE CONTRACT FOR ACCESS TO THE OPTO PLATFORM AND FOR USE OF THE RELATED SERVICES
Paytec has developed the OPTO reader, the platform of the same name, and the related mobile application (hereinafter referred to simply as “OPTO”) to allow Customers and vending machines to connect, including via mobile devices, and by means of such vending machines the distribution companies (Operators) provide various types of products and encourage the use of digital solutions.
OPTO makes it possible:
1) to take advantage of a payment channel to purchase the products in vending machines, the collection of the related fees, and the execution of all related transactions thanks also to the connection with the electronic money (e-money) payment system provided by Mangopay S.A., a company governed by Luxembourg law and authorized for these purposes for which Paytec is an agent in the context of the payment services;
2) to use the amount of money entered as cash into the vending machine of a given Operator and kept in a special “scalable” account (Limited Spending Account);
3) to enjoy additional services including subscription to newsletters and promotional offers, receiving information relating to consumption, the activation of geolocation services, and others that Paytec may enable from time to time, subject to prior notification thereof.
TABLE OF CONTENTS OF THE GENERAL TERMS AND CONDITIONS OF THE CONTRACT
2. Purpose of the Contract
3. Registration Procedure for the OPTO Platform
4. Execution and Effectiveness of the Contract
5. Obligations of the User
6. Information Security
7. Opening and Use of the Mangopay E-Money Payment Account
8. Opening and Use of a Limited Spending Account
9. Payment or Re-Credit Transactions
10. Additional Services
11. Characteristics of the Products Sold in Vending Machines
13. Suspension and Interruption of OPTO
14. Changes to the Contract
15. Customer Service
16. Prohibition on Assignment of the Contract
17. Duration, Termination and Reimbursements
18. Severability Clause
19. Official Language and Translations
20. Applicable Law and Competent Jurisdiction
GENERAL TERMS AND CONDITIONS
For the purposes of this Contract, the terms listed below have the following meanings:
Limited Spending Account: the reference with which Paytec, within OPTO and through a special algorithm, can identify the various purchase, use, and cash re-crediting transactions performed by a Customer with his/her Usual Operator, as well as to determine at any given time the credit available to the Customer in order to purchase products in the vending machines belonging to said Operator.
E-Money Payment Account or Wallet: the internal reference with which the Issuer can identify in its records the various opening, closing, purchase, use, re-crediting and reimbursement transactions involving e-money performed by a User and to determine, at any given time, the amount of e-money available to and held by said User, in accordance with the “Terms and Conditions of Use of OPTO and of the Mangopay E-Money Payment Account (Wallet)” and of the “Mangopay Payment Services Framework Contract”.
Login credentials: username (valid email address) and keyword (Password) chosen by the User at the time of registration with OPTO.
Enabled Device: smartphones equipped with the operating system Android version 5.0 and above or the operating system IOS version 7.1.2 and above and enabled for Internet browsing via the cellular data network and/or Wi-Fi technology.
Operator: the company managing the sale of products, food and otherwise, through vending machines, which is registered with OPTO and designated from time to time by the Customer, on behalf of which money – electronic and physical – is transferred in the context of a payment transaction.
Usual Operator: the specific Operator selected by the Customer, during registration or later, through whom the Customer most frequently makes purchases (for example, because the Operator operates at his/her place of work or study).
Mangopay: Mangopay S.A., a company incorporated under Luxembourg law, registered in the Luxembourg Commercial and Corporate Registry under number B173459, authorized to issue e-money by the Luxembourg Commission for the Supervision of the Financial Sector.
Electronic Money (E-Money): the monetary value available at any given time in the User’s E-Money Payment Account (or Wallet), which represents a credit claimed by the latter against the Issuer, in accordance with the provisions of the „Mangopay Payment Services Framework Contract„.
OPTO: cumulatively, the OPTO optical reader, the OPTO portal and the related mobile application developed and managed by Paytec.
Order: instruction given by the User to perform reloading, payment, and/or reimbursement transactions.
Paytec: Payment Technologies S.r.l., VAT No. 07603320966, represented by its legal representative pro tempore, with registered office in Milan at Via F. Filzi No. 27; the company which developed OPTO.
Customer: natural or legal person who purchases one or more goods offered by Operators through OPTO.
User: This term may apply indistinctly to any Customer or Operator of OPTO.
2. PURPOSE OF THE CONTRACT
This Contract governs the access and use of the OPTO platform by the User, as well as the related mobile Application owned by Paytec, and it defines the rights and obligations of the Parties in relation to the services offered through OPTO. It can be accessed and printed at any time through a direct link on the homepage of the www.optopayment.com website.
By accessing the site, signing up for OPTO, and downloading the related application, the User accepts and expressly agrees to comply with all of the terms and conditions set forth herein.
With access to the OPTO platform, Paytec intends to offer Users the following services.:
1) a new, double, digital payment channel, namely:
a) thanks to the connection with the Institute for Electronic Money Mangopay SA, it is possible to transfer e-money by means of account reloads via bank card, credit card, payment card, or bank transfer to a dedicated personal account which can only be accessed by the User through his/her own login credentials. The respective credit can be used at any vending machine
equipped with an OPTO optical reader and enabled to connect with Mangopay from the relevant Operator. In this case, the “Terms and Conditions of Use of OPTO and of the Mangopay E-Money Payment Account (Wallet)” and the “Mangopay Payment Services Framework Contract” apply (mandatory);
b) to associate a Usual Operator to one’s profile at the time of registration or at a later date, and to activate a second account which can be loaded by cash and which is similar to a payment card with limited spending for use only at the vending machines of the Usual Operator, in the same way as a normal Paytec vending machine key (optional);
2) services dedicated to the individual, such as:
a) nutritional information related to the purchased products;
b) geolocation services to trace vending machines equipped with OPTO Readers;
c) other services selected from time to time by the Customer for which explicit consent will be requested for their use;
3) a promotional newsletter service from Paytec and the Operators in relation to the initiative;
4) activation of a social channel by connecting to Facebook or other social networks.
3. REGISTRATION PROCEDURE FOR THE OPTO PLATFORM
OPTO registration and access to the application are allowed for both natural persons residing in a Member State of the European Union or in a State belonging to the Agreement on the European Economic Area who are 18 (eighteen) years of age, as well as for legal persons established in a Member State of the European Union or in a State belonging to the Agreement on the European Economic Area.
Upon registration, the User must provide the following information to Paytec:
• in the case of a natural person: last name, first name, e-mail address, date and place of birth, place of residence and nationality. Registration can also be done by logging into one’s Facebook and/or Google account;
• in the case of a legal person (in addition to the data referred to above relating to the natural person making the registration in the name and on behalf of the legal person): name and legal form of the company, share capital, address of the registered office, descriptive summary of the company purpose, identification data of the natural persons who have the power to enter the Company into binding agreements (company representative(s) and attorneys, if any), and identification of Shareholders, even if de facto.
For the purposes of the opening of the E-Money Payment Account, the terms, conditions and procedures established in the “Terms and Conditions of Use of OPTO and of the Mangopay E-Money Payment Account (Wallet)” and of the “Mangopay Payment Services Framework Contract”, also apply, which the user declares to know and accept.
4. EXECUTION AND EFFECTIVENESS OF THE CONTRACT
The Contract becomes effective on the date of the correct and timely receipt of the registration form (to be completed online) by Paytec, which must be complete in all aspects and must include an active email address to which all Paytec communications may be sent. The transmission of the documents required by the “Terms and Conditions of Use of OPTO and of the Mangopay E-Money Payment Account (Wallet)” is necessary in order to operate the aforementioned E-Money Payment Account without any limitations.
The submission of the registration form by the User implies his/her full acceptance of this Contract and of all other related documents. It is understood, in any case, that use of OPTO by the User after activation of the respective account is equivalent to acceptance of all the contractual conditions established and/or referred to herein.
By virtue of the provisions of the “Terms and Conditions of Use of OPTO of the Mangopay E-Money Payment Account (Wallet)” the effectiveness of the Contract, and therefore the actual OPTO registration, is subject to Mangopay’s verification of any causes impeding the use of e-money payment services attributable in any way to money laundering activities or terrorist financing by the User.
To this end, the User may be required to submit supporting documentation, even different from the documentation already sent upon registration, to verify his/her declarations made during the registration process.
5. OBLIGATIONS OF THE USER
For the entire duration of this Contract, the User agrees:
– to not falsify or disguise any personal data;
– to not misuse third-party personal data (identity theft);
– to not disclose the personal data or information of third parties;
– to not execute the Contract in a manner contrary to the Law, public order and/or good moral standards, or in ways which could damage, disable, overburden or alter the Application.
Except as stipulated in Article 4 above, Paytec reserves the right to verify the data and/or information submitted by the User, and if necessary it may request documents and/or additional information which the User hereby agrees to promptly provide.
In the case of non-compliance by the User with the aforementioned obligations, Paytec reserves the right to suspend or temporarily and/or permanently block access to the OPTO.
6. INFORMATION SECURITY
The Parties undertake to not disclose or transmit to unauthorized third parties any data and/or information known or acquired during the execution of this Contract, except with the specific and express written consent of the other Party and/or when subject to legal obligations.
In particular, Paytec agrees to guarantee the security and confidentiality of data provided by Users both during registration and during use and browsing of OPTO; however, it cannot be held responsible for the theft, destruction and/or unauthorized disclosure of the User’s Credentials caused by unauthorized access by third parties to OPTO.
The User also declares to be aware that if third parties know or become aware of his/her access Credentials they may be able to take advantage of OPTO in the name and on behalf of the User, as well as to access his/her Accounts (E-Money Payments and Limited Spending).
The User therefore agrees not to disclose his/her access Credentials to third parties and to keep them with the utmost diligence and confidentiality, being aware that he/she is solely responsible for their safekeeping, as well as for any operations performed using such data.
If the User experiences the theft or loss of his/her access Credentials, or if he/she suspects undue use by third parties, he/she must immediately inform Paytec, in accordance with the Art. 15, so that the latter may take the security measures necessary to prevent any unauthorized access.
In case the User has an E-Money Payment Account, Paytec will promptly send a request for suspension of use of the Wallet to the Issuer and will subsequently send written confirmation to the User. The User, in turn, must confirm in writing to Mangopay to have sent the report, as stipulated in the „Mangopay Payment Services Framework Contract“.
Access to OPTO, and therefore use of accounts (E-Money Payment Accounts and Limited Spending Accounts), may be restored only by means of a written request from the User sent to Paytec as indicated in Art. 15.
7. OPENING AND USE OF THE MANGOPAY E-MONEY PAYMENT ACCOUNT (WALLET)
The User acknowledges and accepts that the conditions under which the E-Money is registered in his/her Wallet, as well as the specific technical and financial conditions relating to payment, re-crediting, and/or reimbursement transactions are governed by the “Terms and Conditions of Use of OPTO and of the Mangopay E-Money Payment Account (Wallet)” and by the “Mangopay Payment Services Framework Contract”, to which express reference is made for further details.
These documents must be specifically accepted by the User before actually using OPTO through an E-Money Payment Account modality.
8. OPENING AND USE OF A LIMITED SPENDING ACCOUNT
When registering for OPTO, or thereafter, the Customer may identify his/her Usual Operator by entering a special code in the mobile application.
Once the association with a Usual Operator has been created, OPTO creates and activates a Limited Spending Account which can only be used to purchase products found in the vending machines of the Usual Operator equipped with an OPTO Reader and enabled to operate with this payment method by the Operator itself.
The Account can be reloaded with cash inserted directly into the vending machine once the connection to the OPTO reader enabled Device has been established as indicated in Article 9 below.
By accessing the Mobile Application at any time, the Customer can also check the amounts charged and the remaining credit, as well as the details of any transactions in his/her Limited Spending Account (re-load and payment operations) performed through OPTO during the previous 13 months.
In the event that the Usual Operator withdraws from the OPTO platform, or if it suspends the use of a Limited Spending Account at its vending machines, it shall be its exclusive responsibility to inform Customers of:
– the effective date of said withdrawal or suspension at least 30 (thirty) days in advance;
– the deadlines and methods for returning any remaining balance in the Limited Spending Account connected to the vending machines;
– the possibility of choosing a new Usual Operator who uses OPTO and of opening a new Limited Spending Account.
In the event of withdrawal of the Usual Operator from the OPTO platform or its decision to suspend the ability of Customers to use their Limited Spending Accounts at its vending machines, the Customer – in addition to being able to choose a new Usual Operator – may also continue to use OPTO with any other participating Operators through his/her E-Money Payment Account.
9. PAYMENT OR RE-CREDIT TRANSACTIONS
Before using OPTO for purchasing a product at a vending machine belonging to an Operator, the Customer must establish a connection between his/her enabled Device and the vending machine, which can be achieved by bringing the enabled Device near the machine’s OPTO Reader and starting the transmission of a sequence of colors. Based on this sequence, the OPTO reader will establish a Bluetooth connection with the enabled Device.
The credit available on the E-Money Payment Account can be used by the Customer to purchase the products available in any vending machine equipped with an OPTO Reader; the amount loaded into the Limited Spending Account can only be used to purchase products in the vending machines of the Usual Operator which are equipped with an OPTO reader and enabled by the Operator to receive such payments.
If the Customer wishes to make a purchase at the vending machine of his/her Usual Operator, OPTO will deduct the cost of the product selected by the Customer from his/her Limited Spending Account. If the credit balance in the aforementioned Account is insufficient, the difference between the cost of the selected product and the balance in the Limited Spending Account shall be taken from the E-Money Payment Account.
If the Customer wishes to make a purchase at the vending machine of other Operators, OPTO will deduct the cost of the selected product only from his/her E-Money Payment Account.
In any case, in order to purchase the product, the Customer must ensure that he/she has enough credit in his/her respective Accounts (e-money payment account or limited spending account); in the event that the total available balance is lower than the price of the chosen product, the payment Order will be automatically cancelled and no amount will be charged to the Customer.
If, for any reason whatsoever (lack of one or more ingredients, absence of the product, jamming of the delivery mechanism, loss of power, etc.) the product selected by the Customer is unable to be delivered, the amount already taken from the Customer’s Account (e-money payment account or limited spending account) will be re-credited through an equal and opposite accounting transaction.
10. ADDITIONAL SERVICES
With the aim of continuous development, strengthening the OPTO Platform and improving the Customer’s experience, Paytec hereby notes that some services which are already available and listed previously in Art. 2, may be gradually revisited and enhanced.
Similarly, Paytec reserves the right to develop and implement new services in addition to those already provided for in this Contract.
When Paytec issues new services, the User will receive a notification on his/her mobile device or via email so that he/she may activate them. Acceptance of the proposed service is done through User opt-in upon his/her first access to the OPTO Platform via the website or mobile application.
Unless otherwise explicitly indicated by Paytec, the acceptance and subscription of any new services by the User is not mandatory and, even in the case of non-acceptance, the latter may continue to use the OPTO platform.
11. CHARACTERISTICS OF THE PRODUCTS SOLD IN VENDING MACHINES
Any transaction performed through OPTO creates a contract directly and exclusively between the Customer and the Operator.
Paytec does not exercise any control over the conformity, safety, legitimacy or physical, chemical and organoleptic characteristics of the products sold by the Operators through their vending machines. It is therefore up to the Customer to collect the relevant information concerning the product of his/her interest before proceeding with the purchase.
Therefore, Paytec cannot be held responsible for the incorrect or incomplete execution of the delivery of the goods by the Operator, nor for any damages caused to the Customer for any reason by the vending machines and/or the products sold thereby.
OPTO registration and use is free for Customers. For Operators, the special conditions signed with Paytec in the OPTO Service Provision Contract shall apply.
Any costs related to data traffic for connecting to the internet shall remain the responsibility of the User.
13. SUSPENSION AND INTERRUPTION OF OPTO SERVICES
Paytec reserves the right to suspend and/or temporarily interrupt OPTO access for technical, security, or maintenance reasons for the amount of time strictly necessary to remove the respective causes.
Paytec cannot be held responsible for interruptions or unavailability of the OPTO service determined to be caused by factors not attributable to it (such as, but not limited to: absence of telephone service, lack of Wi-Fi connection, lack of access to Mangopay servers, etc.).
14. CHANGES TO THESE TERMS AND CONDITIONS
Paytec reserves the right to modify this Contract at any time and at its sole discretion. Whenever changes are necessary, Paytec shall notify the User the next time the latter accesses the service, following the publication of said changes.
In order to continue using OPTO, the User must accept the changes; in the case of refusal, it will no longer be possible for him/her to continue using OPTO, and as a result such refusal shall serve as a declaration of termination of this Contract by the User, as well as of the “Terms and Conditions of Use of OPTO and of the Mangopay E-Money Payment Account (Wallet)” and of the “Mangopay Payment Services Framework Contract” which may have been entered into, giving rise to reimbursement of any remaining balance in the Wallet.
The procedures for accepting or refusing changes to the aforementioned “Mangopay Payment Services Framework Contract” are governed by the latter.
15. CUSTOMER SERVICE
All requests for information, assistance and intervention concerning the use of OPTO, requests for information and complaints related to payment, re-crediting, and/or reimbursement transactions or relating to any unauthorized transactions, must be promptly forwarded to Paytec at email@example.com.
In particular, requests must be received by Paytec within 2 business days from when the User becomes aware of the transaction and, in any case, within 8 (eight) weeks if the transaction involves an Operator or Customer who is a legal person or 13 (thirteen) months if the transaction involves a Customer who is a natural person, counting from the date of execution thereof, in order to allow
Paytec to manage the request and, in the case of an E-Money Payment Account, to forward the request to Mangopay.
16. PROHIBITION ON ASSIGNMENT OF THE CONTRACT
This Contract cannot be transferred by the User, in whole or in part, without the prior written authorization of Paytec. In the event of non-compliance, the Contract shall be deemed automatically terminated, pursuant to and for the purposes of Art. 1456 of the Italian Civil Code.
17. DURATION, TERMINATION AND REIMBURSEMENTS
This Contract has an indefinite duration.
It shall enter into force upon receipt by the User of the email from Paytec confirming successful registration.
At any time and with at least 60 (sixty) days’ notice, the Parties may withdraw from the Contract by written notice to the other Party:
– if addressed to Paytec: to the certified e-mail address firstname.lastname@example.org or to the ordinary email address email@example.com;
– if addressed to the User: to the e-mail address provided during registration.
Withdrawal from the Contract automatically results in closure of the E-Money Payment Account opened with Mangopay, along with the subsequent return of any remaining balance to the User. The Issuer reserves the right to apply fees in the case of termination within specified time limits, as specifically indicated in the “Mangopay Payment Services Framework Contract„.
In the event of termination, any remaining balance in the Limited Spending Account shall be deemed forfeited.
It is not possible to just withdraw from use of the Mangopay Wallet while maintaining an active Limited Spending Account. Therefore, withdrawal from and/or termination of the “Terms and Conditions of Use of OPTO and of the Mangopay E-Payment Account (Wallet)” automatically results in withdrawal from and/or termination of this Contract.
18. SEVERABILITY CLAUSE
If any of the clauses of this Contract become invalid or unenforceable for any reason, the remaining clauses of the Contract shall be unaffected.
19. OFFICIAL LANGUAGE AND TRANSLATIONS
The official language used by Paytec is Italian.
In the event that this Contract, or a part thereof, is translated into a language other than Italian and there are inconsistencies between the Italian version and its translation into another language, the meaning of the Italian version will prevail.
20. APPLICABLE LAW AND COMPETENT JURISDICTION
This Contract is subject to Italian law and any disputes relating hereto regarding its application, execution, and/or interpretation shall fall under the sole jurisdiction of the Courts of Como.
Paytec is the controller of the data collected specifically for OPTO registration and for the respective application and use of the services strictly linked to the OPTO platform, with the exclusion of the operation of the Wallet, for which the foregoing shall apply.
Paytec and Mangopay are joint controllers in the processing of data collection at the time of a request to open an E-Money Payment Account (Wallet) marked as mandatory. Paytec and Mangopay are therefore jointly and severally liable for the security and confidentiality of the aforementioned data in the specific exchange activities between the User and Mangopay for the creation and closure of the Wallet.
However, Paytec cannot be considered a “joint controller” of the processing of the aforementioned data made by Mangopay (storage, use, profiling, etc.) as part of the specific payment activities for the management of the Wallet (including any re-crediting and/or reimbursement associated therewith), but can only be considered External privacy processor, in the name and on behalf of Mangopay, and exclusively in accordance with the instructions received from the latter (visibility of the name of the Wallet’s owner, the credit amount, transaction history).
Information related to the data processing by Mangopay is available online at https://www.mangopay.com/privacy/.
Paytec is the controller of any additional data collected for which the interested party has expressed his/her consent for processing.
Extensive information related to the data processing done by Paytec is available online at www.optopayment.com.