Acceptable use policies

February 6, 2020

This Acceptable Use Policy (“Policy”) defines acceptable practices related to the use of any OPENPAY S.A. de C.V. (“OPENPAY”), including www.openpay.mx (the “Site”), and any OPENPAY service, functionalities or applications (the “Service”). Any person who accesses or uses the Site or the Services (“You” or “Users”) must comply with this Acceptable Use Policy

OPENPAY reserves the right to modify this Acceptable Use Policy at any time without prior notice. All modifications will be effective and prospectively from the date of publication on the Site.

Prohibited Conduct
By accessing or using the Services, you agree not to:

  • use the Services for the purpose of receiving or assisting any person in receiving personal advances in cash on any credit card or to finance or refinance debts financed by credit card;
  • use the Services in connection with the activities called Money Service Business such as the sale of travel checks or money orders, money exchange offices or change of checks;
  • use the Services to carry out contests, lotteries, raffles, multilevel marketing, pyramid schemes, gambling or betting activities, “get rich quickly” (“get rich quick”) or any other form of prohibited financial activity;
  • use the Services in violation of any applicable law or regulation, including promoting or encouraging any illegal activity;
  • use the Services in any way that could infringe the rights of any third party, including, without limitation, intellectual property, privacy, publicity or contractual rights;
  • use the Services in any way that could inhibit, interfere with, interrupt or adversely affect other members of the full enjoyment of the Services, or that may damage, disable, overload or impair the operation of the Services in any way;
  • use the Services in connection with the distribution of spam (which we define as unsolicited mass email or any other unsolicited messages of a commercial, religious, romantic or political nature or other nature that is not within the intended purposes of the Services);
  • use the Services for any commercial purpose, unless with the prior written consent of the Company;
  • stalk, intimidate, threaten, harass, harass or cause discomfort to any other user of our services;
  • collect or store any information about any other user other than that allowed in our Services;
  • impersonate another person or entity, or falsify or otherwise misrepresent you or your affiliation with any person or entity, either by providing or omitting to provide information;
  • bypass or attempt to overcome any control or security measures related to the use of the Services; or
  • Help any third party to do any of the above.

Report Violations
If you learn of any violation of this Acceptable Use Policy, you are required to notify us immediately and provide us with the assistance requested, to stop or repair the violation. To report a violation, please contact: legal [at] openpay [dot] mx

Suspension or Termination
OPENPAY reserves the right, but has no obligation, to supervise or monitor the activity that occurs on the Site or Service. If a user engages in a conduct when accessing or using the Site or Service that violates this acceptable use policy, in addition to other available resources, OPENPAY may suspend or cancel the user's access or use of the Site or the Service. OPENPAY will generally attempt to notify you of any activity carried out that violates the Acceptable Use Policy and ask you to cease that type of activity, however, OPENPAY reserves the right to suspend or terminate your access and use of the Site or the Service without notification. If reasonably necessary.

Unauthorized Activities

All activities that are illegal in the Mexican Republic; the use of services to receive or process payments related to the purchase and sale of medicines, including but not limited to those for which general health laws require a prescription; any activity related to receiving or processing payments related to the pornographic industry; people or aggregators who intend to carry out the resale of our services; activities to process or receive payments for businesses or activities related to bookmakers or similar, including those that have permission and / or authorization from the Ministry of the Interior; the purchase and sale of firearms; pyramid schemes; Vulnerable Activities defined in the Law for the Prevention of Operations with Resources of Illicit Origin or those activities that are considered high risk by the World Trade Organization and any other activity that OPENPAY notifies through newsletters or updates of the T&C.

Illegal commerce

You acknowledge that the Selection Criteria may vary from market to market. We may revise the Selection Criteria at any time in our absolute discretion based on our experience that an establishment or an industry category represents an unacceptable risk, fraud or customer service or controversy for OPENPAY or does not support the OPENPAY coverage proposal. . We will inform you about any changes.

Selection criteria

You acknowledge that the Selection Criteria may vary from market to market. We may revise the Selection Criteria at any time in our absolute discretion based on our experience that an establishment or an industry category represents an unacceptable risk, fraud or customer service or controversy for OPENPAY or does not support the OPENPAY coverage proposal. . We will inform you about any changes.

Industries and restricted transactions

  • Travel (including air travel, cruise, car rental, accommodation, tour operators)
  • Telecommunications (including wireless, cable, satellite, wired, Internet service providers)
  • Payment Service Providers (except to the extent that the entity itself sells goods of which it has title to property)
  • Self-expenses - amounts that do not represent the sale of goods and / or services in good faith in your Merchant or in the Sponsored Establishment, that is, amounts that do not represent a sale of goods or services in good faith made by You and / or the Sponsored Establishment (For example, the "provision of funds" to an account without the corresponding delivery of goods / services to another person, as well as the purchases of the owners (or their relatives) or the employees of the Sponsored Merchants is prohibited for cash flow purposes).
  • Operation from a PO Box number or accept orders by Answering Machine only - without any permanent physical address from which the establishment operates. The physical address cannot be verified by visiting the site or verifying online.
  • Transactions with illegal businesses, sex shops or any other transaction notified by American Express.

You must not recruit any Sponsored Establishment Prospectus that is engaged in making transactions or using the sales methods described below:

Establishment Category

Definition of Prohibited Activity

Allowed Exceptions

High Risk Sales Method - High Level of Customer Disputes

Sale Pyramid Multilevel

Multilevel marketing system that uses one or more of the following deceptive practices:

• Participants pay money for the right to receive compensation for recruiting new participants.

• The participant is required to purchase a specific amount of products, other than the cost price for advertising purposes, before the participant is allowed to join the plan or move forward within the plan.

• Participants with knowledge are sold commercially excessive quantities of the product or products (this practice is known as inventory load) or

• participants are not allowed to return products in reasonable commercial terms.

National Prestige Accounts, which are invited to the home with payment upon delivery directly to the company or the Franchisee; porej., Amway - affiliates as New Business Partners with Full Recourse conditions for Fraud. If you have any questions about whether a prospect is considered a ‘National Prestige Account’, contact Global Risk.

Door to Door Sales

Unsolicited sellers, payment is expected to be made on the spot

National Prestige Accounts invited to the home with payment upon delivery directly to the company or to the Franchisee, p. eg, Avon, Tupperware - affiliates as New Business Partners with Full Recourse conditions for Fraud. If you have any questions about whether a prospect is considered a ‘National Prestige Account’ contact Global Risk

Online Auctions

Any form of auction conducted on the Internet

North America Region

Tour Travel Operators

Establishments that offer the sale of Travel services, which are not Members of a Travel Industry Strengthening Organization.

You must be a Member of a Travel Industry Securing Organization, or be an Authorized Agent for Airline Tickets (eg, ARC / IATA / ABTA)

Shared time

The sale of part of the ownership of a property for use as a holiday home, where a Cardholder can purchase the right to use the property during the same fixed period annually.

National Prestige Accounts must be approved by GES Risk, the VC must be over $ 100,000 per month and the establishment must have been operating for at least two years and must be a member of ARDA or an equivalent international association. An internal member of the OPENPAY Sales Workforce must have registered with the establishment, using a contract adapted to the industry.

Future Services - investment in the future maturity of goods

Investment made in the future maturity of the goods / Services (> 4 months for delivery) with the intention of obtaining a return on the investment. Eg, wines / spirits or Wood Investment

Travel-related services, Membership services, eg, magazine subscriptions, Ticket sales for future events, or Real estate deposits For less than 4 months see the High Risk List.

Cardholder with Financial Problems - High Level Credit Loss

Exchange / Guarantee of Checks and Establishments of Exchange Houses.

The Cardholder can exchange a check for cash using the Card as a check guarantee card

OPENPAY prohibits the check cashing industry, except for OPENPAY's travel services offices (TSOs) and Business implementations, since it represents an added benefit for OPENPAY.

Establishment Category

Definition of Prohibited Activity

Allowed Exceptions

Debt Collection.

Collection Agencies, Factoring Companies, Liquidators, Judicial Agents, Bail Bonds Agents, Credit Recovery Services and Bankruptcy Lawyers.

Commissions for collection of External Agencies and fees of certified technicians in Liquidation of Insolvencies and Bail Agents.

Financial services.

Stock Securities, Investment Trust Funds, Investment Funds, Currency Exchange, Exchange House.

Taxes, Broker Commissions, Leasing Merchants (only in the US), Mortgage Payments (only in the US), Condo Engagements (only in the US) and Financial Advisor Fees. The Exchange House must previously approve International Establishment Risks.

Random games

Casino Chips, Betting Broker, State and National Government Lotteries, Bingo, Online Gambling and Casinos Web pages

Facilities for accommodation, restaurant, bar or gift shop within the Casino complex

Services related to sexual issues

Adult Entertainment

Digital Content Sites on the Internet

None

Prostitution

Payment of sexual services, in any way provided

None

Escort Services, sexshops and Massage Rooms

Payment of potentially sexual related services or sexshops

  • International Regions
  • Certified Massage Therapists in the North American Region

Others

Political parties

Donations

Allowed in the North America Region (included under Charitable Works)