The User acknowledges and agrees that, by selecting the “I Accept” checkbox on the TOTALCOIN website when opening an Account, the User agrees to be bound by the following Terms and Conditions (the “Terms of Use”) governing the use of the TOTALCOIN Service (hereinafter, “TOTALCOIN”).
Processing Data Argentina S.A. is the owner of the TOTALCOIN Service, with its registered office located at Maipú 255, 10th Floor, City of Buenos Aires, Argentina, and was registered on July 8, 2020, with the Central Bank of the Argentine Republic (BCRA) in the “Registry of Payment Service Providers Offering Payment Accounts” under registration number 33,526. Any PSP service shall be deemed to be provided by Processing Data Argentina S.A., regardless of the commercial brand or brands under which such services are offered.
In addition to virtual wallet services, payment processing and collection services, and the offering of payment accounts with various functionalities, for the purposes of this Agreement, the term “Service” also includes our website, all software, programs, systems, documentation, tools, internet-based services, components, and any updates thereto (including software maintenance, service information, help content, bug fixes, and maintenance releases) provided by TOTALCOIN to Users.
GENERAL
As an essential condition for becoming a User, you must accept these Terms of Use, which constitute a legally binding agreement. Acceptance of these Terms of Use constitutes consent as provided under Section 971 of the Argentine Civil and Commercial Code. Acceptance also implies that you understand the terms of this Agreement and that no additional information is required.
From time to time, it may be necessary to amend these Terms of Use, and we will notify you of any changes by publishing them on our Website. Any amendments that are more favorable to you shall become effective immediately if so stated in the notice of amendment.
You shall be deemed to have accepted any amendments pursuant to Section 978 of the Argentine Civil and Commercial Code unless you notify us otherwise before such amendments become effective. If you do not agree with the proposed amendments, you have the right to terminate these Terms of Use immediately and without charge before the proposed effective date.
1. Requirements
1.1 Registration
In order to use the TOTALCOIN Service, you must be at least eighteen (18) years of age and legally capable of entering into binding agreements, register with TOTALCOIN, and accept these Terms and Conditions of Use.
To register, you must complete all required fields in the registration form with truthful and accurate information. The User undertakes to update personal information whenever necessary. Users represent and warrant the truthfulness, accuracy, completeness, and validity of the information provided, which shall be deemed a sworn statement. TOTALCOIN reserves the right to request supporting documentation and/or additional information to verify the accuracy of the information provided by a User, and may cancel or suspend any User whose information cannot be duly verified. For such purposes, the Company is authorized to consult public and private information sources.
In the event of inaccuracies, false statements, or inconsistencies in the information provided by a User, the Company shall not be liable for any delay, rejection, or inability to process transactions or account movements.
1.2
The Company reserves the right to reject any registration application or to suspend or terminate, temporarily or permanently, any Account if inconsistencies or discrepancies are detected in the information provided by a User, or if suspicious activities are identified. Such decision shall not entitle the User to any compensation, indemnification, or damages.
The User must provide complete and accurate information whenever requested. If we are unable to verify the accuracy of such information, TOTALCOIN may deny access to the Service or immediately close the User’s Account.
1.3 Prohibited Users
Individuals or legal entities with respect to whom information is available indicating possible involvement in criminal activities, particularly those allegedly linked to drug trafficking, terrorism, or organized crime, may not register as Users.
Pursuant to this clause, TOTALCOIN reserves the right to reject any registration application or suspend or terminate a TOTALCOIN Account if: (i) inconsistencies or discrepancies are detected in the information provided by a User, or unusual or suspicious activities related to anti-money laundering and counter-terrorist financing (AML/CFT) or fraud are identified; (ii) the User fails to provide or update the information and/or documentation required by TOTALCOIN in a timely manner; (iii) the User is subject to Sanctions, or is located, incorporated, or resident in a country or territory subject to Sanctions, as contemplated in this clause; or (iv) the User is or may be connected to criminal activities, as provided herein.
TOTALCOIN may, at its sole discretion and/or upon request by another entity, retain funds held in a User’s Account and/or return such funds to the originating account where fraud is suspected. This measure may be implemented to protect the integrity of the User’s Account and the Company’s interests.
1.4
The User expressly acknowledges and agrees that TOTALCOIN, in its capacity as a Reporting Entity (Sujeto Obligado), may share the User’s information and documentation with other companies within its corporate group for the purpose of complying with regulatory obligations, as provided in the Privacy Notice. This is done in accordance with Section 21 of Law No. 25,246 and the specific regulations implementing such law.
1.5
TOTALCOIN is a Reporting Entity before the Financial Information Unit (Unidad de Información Financiera – UIF) under applicable regulations and, in compliance with such regulations, is required to collect information and/or documentation from its Users. Accordingly, Users undertake to keep their information updated and to respond promptly and adequately to any requests made by TOTALCOIN in this regard.
2. The System
2.1 Account
By registering for and using the System, the User appoints TOTALCOIN as its agent to process payments on the User’s behalf and for the User’s account, in accordance with the User’s instructions and subject to all terms, conditions, and limitations set forth in this Agreement.
The User shall be solely and exclusively responsible for all transactions carried out through the User’s Account and must immediately notify TOTALCOIN of any unauthorized use of, or attempted access to, the Account. All transactions conducted by the User are performed at the User’s sole risk, and TOTALCOIN shall not be responsible for any obligations that the User may have assumed with third parties.
The Account opened with TOTALCOIN is personal, unique, and non-transferable. Any assignment or transfer of the Account, under any title or legal basis, is strictly prohibited. The User may not authorize any third party to use the User’s Account.
2.2 Corporate Users
Users acting on behalf of legal entities may use the Services or open an Account only if they represent a duly organized and legally existing entity and possess all necessary authority and authorizations to enter into this Agreement on behalf of such entity.
By accepting the terms of this Agreement, such Users represent and warrant that they are doing so on behalf of the company they represent and that they have full authority to bind such company to the terms of this Agreement.
3. Payment Collection and Payment Processing Services
3.1
TOTALCOIN is a Payment Service Provider (PSP) and is not a financial institution. Accordingly, TOTALCOIN does not provide banking, foreign exchange, or financial services to Users.
3.2
The System allows the User to make payments to third parties, pay for services, make online purchases through the electronic debit of funds from the User’s Account, and request payments from third parties through the electronic crediting of funds to the User’s TOTALCOIN Account.
3.3
Each TOTALCOIN Account is assigned to a single User.
3.4
TOTALCOIN Accounts are denominated in Argentine Pesos (ARS), and all references to money within the System shall be understood to refer to such legal currency of the Republic of Argentina, except where expressly stated otherwise.
3.5
Funds may be added to a TOTALCOIN Account through the methods described on the Website and shall be electronically credited to the corresponding TOTALCOIN Account. Likewise, funds may be withdrawn from a TOTALCOIN Account through the methods described on the Website.
3.6
Funds credited to a TOTALCOIN Account do not accrue interest. The User may freely use such funds to conduct transactions, provided that the User does not maintain any outstanding balance or indebtedness.
3.7
TOTALCOIN does not charge any account opening or account maintenance fees for a TOTALCOIN Account. However, TOTALCOIN reserves the right to establish such fees in the future, which shall become effective upon notice to the User.
3.8
TOTALCOIN charges the User a payment management fee for receiving funds in the User’s TOTALCOIN Account from a third party or from another TOTALCOIN Account through any payment transaction processed within the System. TOTALCOIN is authorized to withhold and/or deduct any applicable fees, charges, taxes, or governmental assessments from the User’s Account.
3.9 Chargebacks
The amount of a transaction may be reversed or re-debited from your TOTALCOIN Account (a “Chargeback”). For example, a Chargeback may occur if a transaction: (a) is disputed by a Payer; (b) is rejected by a payment network, our processor, or our financial institution for any reason; (c) was not authorized, or we have reason to believe it was not authorized; or (d) is allegedly unlawful, suspicious, or otherwise violates the terms of this Agreement.
The User shall be responsible for all Chargebacks, reversals, fraudulent transactions, and defaults. TOTALCOIN may charge a fee associated with any refund, reversal, or Chargeback received.
3.10 Recovery of Amounts Owed
If the User owes TOTALCOIN an amount that exceeds the available balance in the User’s Account, TOTALCOIN may collect or debit such amount using any payment instrument registered to the User’s TOTALCOIN Account.
The User shall remain responsible for the outstanding amount owed, as well as any costs incurred in connection with its collection, including, without limitation, attorneys’ fees, legal expenses, collection costs, and any applicable interest.
4. Excluded Persons
The System is not available to persons who lack legal capacity to enter into binding agreements under the laws applicable to the relevant transaction.
5. Fees
Subject to the terms of this Agreement, we reserve the right to modify our Fees at any time. If we increase our Fees, we will provide you with at least five (5) business days’ prior notice.
By continuing to use the Service after such notice period, you agree to the modified Fees. If you do not agree with the modification, you may withdraw your consent by closing your TOTALCOIN Account.
6. Transactions
The status of transactions within the System shall be identified as “Pending,” “Approved,” “Available,” and “Rejected.”
6.1 Pending
A transaction shall be deemed “Pending” during any verification process prior to approval, whether relating to a virtual account or any other account involved in the transaction.
6.2 Approved
A transaction shall be deemed “Approved” when it has been successfully verified and is ready to be credited within the applicable processing timeframe, whether to a virtual account or any other account involved in the transaction.
6.3 Available
A transaction shall be deemed “Available” once the corresponding funds have been credited to and/or debited from the applicable accounts, including TOTALCOIN Accounts, bank accounts, and/or payment accounts administered by third parties.
6.4 Rejected
A transaction shall be deemed “Rejected” when it cannot be completed in a timely manner due to a communication error, non-payment, legal restriction, or any other impediment preventing its completion.
7. Adding Funds
7.1 Once the User’s registered email address has been successfully verified, the User may add funds to the User’s TOTALCOIN Account by means of bank transfer, by printing and presenting a deposit slip at authorized collection entities, or through any other available methods described on the TOTALCOIN Website.
7.2 For bank transfers, the Company shall credit to the User’s TOTALCOIN Account the amount effectively confirmed by the banking institution through its electronic systems, regardless of the amount declared by the User when initiating the transaction.
Such credit shall be made within forty-eight (48) to seventy-two (72) business hours following verification of the funds in the Company’s bank account, provided that the information supplied by the User for the transaction has been verified as accurate and complete.
7.3 The Company shall have no liability whatsoever if the User makes a bank transfer directly, rather than through the Website, to an account belonging to the User or to a third party.
7.4 For deposits made through authorized collection entities where personnel receive the deposit, the Company shall credit to the User’s TOTALCOIN Account the amount effectively reported by the collection entity, which must correspond to the payment receipt issued by such collection entity and retained by the User.
The corresponding credit shall be made no earlier than forty-eight (48) to seventy-two (72) business hours after the deposit has been completed.
7.5 The User understands and agrees that only the User may add funds to the User’s TOTALCOIN Account through any of the methods described herein.
TOTALCOIN expressly prohibits the User from publishing, distributing, or printing any deposit slip for use by other users. If irregular use of any funding mechanism is detected, including, without limitation, the publication, distribution, or printing of a deposit slip for use by individuals other than the holder of the TOTALCOIN Account associated with such deposit slip, the User shall be subject to the measures and consequences described in the section entitled “Improper Use of the Site.”
8. Payments
8.1
Payment instructions (“Transactions”) may only be initiated through the Website. Only those instructions reflected in the User’s Account shall be considered valid.
Instructions may not be submitted by telephone, fax, email, or any means outside the System unless expressly authorized by TOTALCOIN through a verifiable communication method.
The System shall not debit funds from an Account without an express instruction from the User, including the User’s registered email address and confidential password.
8.2
The User is solely responsible for maintaining the confidentiality of the User’s password.
Without prejudice to the Company’s right to request additional information to verify the User’s identity, any Transaction executed using the User’s registered email address and password shall be deemed authorized by and attributable to the User, even if the User subsequently claims or attempts to prove that such Transaction was carried out by an unauthorized third party.
8.3
The User must maintain sufficient funds in the User’s TOTALCOIN Account to satisfy all payment instructions.
If sufficient funds are not available, the Company shall not process the relevant payment instruction.
8.4
From the moment a payment instruction is initiated until the recipient accepts the Transaction (which may occur immediately), the User remains the sole owner of the funds involved, and the Company holds such funds solely as the User’s payment agent.
However, the User shall not be entitled to dispose of such funds until the initiated Transaction has been cancelled or otherwise completed.
8.5
The User shall bear sole responsibility for all payment instructions and their consequences.
TOTALCOIN is not a party to, and assumes no responsibility for, the underlying obligation that gave rise to the payment instruction. Accordingly, TOTALCOIN is not required to verify the purpose, amount, recipient, or any other circumstances relating to a payment instruction, nor shall it be responsible for the completeness, timeliness, execution, or acceptance of any payment.
The Company shall not be liable for the delivery and/or provision of any goods and/or services paid for through the System.
8.6
TOTALCOIN does not represent, endorse, or make any warranties regarding Merchants that use our Services.
A Merchant’s use of our Services shall not be construed as an approval, endorsement, or certification by TOTALCOIN of the Merchant’s existence, legitimacy, legal capacity, policies, practices, products, services, or business operations.
8.7
The records maintained by the System shall constitute sufficient evidence of the full and proper execution of payment instructions, shall replace the need for any separate receipt, and shall be fully enforceable against the User, even in the absence of any additional records generated by the User, the Company, or any third party.
9. Receipts of Funds
9.1
Upon registering on the Website, the User may receive funds sent by other Users through the System.
Maintaining a TOTALCOIN Account constitutes the User’s express acceptance of all incoming payment transactions, as well as any applicable fees, charges, or commissions.
9.2
When receiving a payment through the System, the User is not protected against future cancellations, reversals, or Chargebacks unless the User provides TOTALCOIN with sufficient evidence to dispute the reversal.
TOTALCOIN may use such evidence, together with any other information available to it, to investigate and assess the Chargeback or reversal.
If a Transaction is reversed for any reason, the recipient User shall be liable to the Company for the amount of the reversed Transaction, as well as for any penalties, fees, losses, costs, or expenses incurred by the Company as a result of such reversal.
Where applicable, the User expressly authorizes the Company to debit such amounts from the User’s TOTALCOIN Account or from any other TOTALCOIN Account held under the same ownership information.
If sufficient funds are not available in such Accounts, the relevant Transaction may not be processed.
TOTALCOIN reserves the right, at its sole discretion, not to contest a Chargeback or reversal even where the User has provided supporting evidence.
The Company further reserves the right to pursue any legal remedies available to recover amounts owed as a result of a reversed Transaction.
10. Limits
10.1
For the purpose of crediting funds to an Account, TOTALCOIN reserves the right to verify the information registered by the User within the System against a credit card, bank account, or any other verification mechanism deemed appropriate by TOTALCOIN.
10.2
The User may not add funds to a TOTALCOIN Account in amounts lower than one hundred Argentine Pesos (ARS 100), or such other minimum amount as TOTALCOIN may establish from time to time. TOTALCOIN may apply fees or charges in the event of non-compliance with this minimum amount requirement.
10.3
The User may not withdraw funds from a TOTALCOIN Account in amounts lower than one hundred Argentine Pesos (ARS 100). TOTALCOIN may apply fees or charges in connection with withdrawals below such minimum threshold.
10.4
TOTALCOIN reserves the right to establish minimum and maximum transaction limits. Any modification to such limits shall become effective upon notice to the User.
11. Withdrawal of Funds
11.1
Once the User’s registered email address has been verified, the User may withdraw all or part of the available balance held in the User’s TOTALCOIN Account.
11.2
Withdrawal of the entire available balance shall not constitute or imply closure of the User’s TOTALCOIN Account.
11.3
Funds may be withdrawn through bank transfers, authorized payment agencies, or any other withdrawal methods made available by TOTALCOIN from time to time.
12. Termination of the Agreement. Account Closure
12.1
Either Party may terminate this Agreement at any time.
Termination of the Agreement shall result in the closure of the TOTALCOIN Account and the cancellation of all pending payment instructions existing at the time of termination.
If the User continues to use any System credentials, codes, or access mechanisms after termination of this Agreement, the User shall be responsible for any extraordinary costs, expenses, or damages resulting therefrom.
12.2 Termination by TOTALCOIN
TOTALCOIN may close an Account upon withdrawal of the entire balance held therein or where the Account has remained inactive for one hundred eighty (180) consecutive days.
TOTALCOIN further reserves the right to close any Account at its sole discretion and without cause, and the User expressly waives any claim, action, or demand arising from such closure.
TOTALCOIN may also terminate or suspend an Account if the User has provided false, incomplete, inaccurate, or misleading information, or has engaged in fraudulent or unlawful conduct.
12.3
Balances remaining in closed Accounts shall be transferred to a general custodial account and made available to the respective holders.
After thirty (30) days from the date of transfer to such general account, TOTALCOIN may charge a periodic custodial fee for safeguarding dormant balances, equal to one percent (1%) of the balance existing at the time of Account closure.
The User expressly acknowledges and agrees that TOTALCOIN may suspend pending payment instructions prior to termination of the Service until all outstanding transactions have been completed, as determined by TOTALCOIN in its sole discretion, after which the relevant Account shall be permanently closed.
12.4 Termination by the Customer
The Customer may terminate its relationship with TOTALCOIN by providing prior written notice through a verifiable means at least thirty (30) days in advance.
Notwithstanding the foregoing, the Customer shall remain obligated to pay all outstanding balances and obligations associated with its Account(s).
The Customer expressly acknowledges TOTALCOIN’s right to suspend operations, including prior to completion of pending payment instructions.
12.5
TOTALCOIN reserves the right to report outstanding and overdue debts to credit reporting agencies and commercial information bureaus, to the extent permitted by applicable personal data protection laws.
12.6
If your TOTALCOIN Account is terminated for any reason, or without cause, you acknowledge and agree that:
(a) your right to access and use the Service shall immediately cease;
(b) we reserve the right, but not the obligation, to delete any Account information stored on our servers; and
(c) TOTALCOIN shall not be liable to you or any third party for the termination of access to the Service or for the deletion of any information associated with your Account.
12.7
TOTALCOIN shall not be liable to you for any compensation, reimbursement, damages, losses, or claims arising from your use of the Service or from any suspension or termination of the Service.
Termination of this Agreement shall not relieve you of any obligation to pay fees, charges, expenses, or any other amounts accrued prior to termination, nor any other sums owed by you to TOTALCOIN pursuant to this Agreement.
13. Limitation of Liability
13.1
The User acknowledges that use of the System is at the User’s sole risk and responsibility.
TOTALCOIN does not guarantee the uninterrupted availability or continuity of the Website or the System, the security or inviolability of data stored or transmitted through public telecommunications networks or other communication channels, nor the absence of operational failures, viruses, malware, or other harmful applications that may affect the User.
The User assumes all risks associated with force majeure events and events beyond TOTALCOIN’s reasonable control and hereby releases TOTALCOIN from any liability arising therefrom.
13.2
TOTALCOIN shall use commercially reasonable efforts to ensure that estimated processing times, settlement periods, and transactions involving third parties are completed within the applicable timeframes.
However, factors beyond TOTALCOIN’s control may result in delays in the execution of transactions.
The User acknowledges that such circumstances are beyond TOTALCOIN’s control and releases TOTALCOIN from any liability for inconveniences, losses, damages, or delays resulting therefrom.
13.3
TOTALCOIN shall not be liable for any erroneous payment made by the User to a third party as a result of incorrect entry of the recipient’s email address, payment amount, or any other transaction-related information.
TOTALCOIN Services may be accessed from outside the Republic of Argentina. However, the User acknowledges and agrees that TOTALCOIN does not guarantee the availability, continuity, functionality, or proper operation of all or any portion of the Services when access or transactions are initiated from outside Argentina.
13.4
With respect to transactions funded through credit cards, the Company shall not be required to credit funds that have not been fully settled and paid by the issuing bank or credit card issuer.
13.5 Limitation of Damages
Any liability of TOTALCOIN toward the User shall be limited to the maximum amount credited to the User’s TOTALCOIN Account on the day immediately preceding the event giving rise to the claim.
13.6 User Representations and Warranties
You represent and warrant that:
(a) you are at least eighteen (18) years of age;
(b) you are eligible to register for and use the Service and possess the legal right, authority, and capacity to enter into and perform under this Agreement;
(c) the registered name is your true legal name or the legal name of the business through which you offer products and/or services;
(d) every transaction submitted by you represents a bona fide sale;
(e) every transaction submitted by you accurately describes the products and/or services sold and delivered to the purchaser;
(f) you shall fulfill all obligations owed to each customer for whom you submit a transaction and shall resolve any consumer disputes or complaints directly with the purchaser;
(g) all transactions initiated by you shall comply with all applicable national, provincial, municipal, tax, regulatory, and other legal requirements governing your business activities;
(h) except in the ordinary course of business, no transaction submitted through the Service shall represent a sale to any principal, partner, shareholder, owner, officer, or affiliate of your organization;
(i) you shall not use the Service, directly or indirectly, for any fraudulent purpose or in any manner that interferes with the operation or use of the Service;
(j) your use of the Service shall comply with this Agreement;
(k) all information and identification data provided in the registration form and in any supporting documentation submitted in connection with registration are true, accurate, complete, and current; and
(l) all funds and assets used to satisfy obligations arising under the System originate from, and shall be used solely for, lawful activities.
14. Improper Use of the Website
14.1
The User accesses and uses the information, content, and advertising available on the Website and any linked websites at the User’s sole risk and responsibility.
14.2
Any manipulation, reproduction, publication, display, or incorporation of any pages, code, logos, trademarks, content, or information from the Website into websites operated by the User or any third party is strictly prohibited.
This prohibition includes, without limitation, displaying any page or portion of the Website within a frame, iframe, window, or similar structure embedded in another website.
14.3
The User agrees not to use the System to accept payments for illegal products, services, or transactions, including, without limitation, any product or service that infringes intellectual property rights or other rights of third parties.
The User shall not use the System for any activity that may be considered fraudulent, unlawful, or otherwise prohibited by applicable law.
The User further agrees not to use the System for payments relating to, including but not limited to:
(a) the manufacture, sale, trade, or trafficking of weapons or ammunition;
(b) money laundering, concealment of criminal proceeds, or terrorist financing;
(c) pornography, child exploitation, child pornography, or prostitution;
(d) activities expressly prohibited by, or not accepted under, the rules of payment card networks or electronic commerce standards;
(e) pyramid schemes, Ponzi schemes, or similar payment arrangements;
(f) goods or services that infringe copyrights, trademarks, publicity rights, privacy rights, or any other intellectual property or proprietary rights under any applicable jurisdiction;
(g) goods or services requiring licenses, reseller permits, franchise agreements, or authorizations that have not been properly obtained;
(h) products, services, or content that promote hatred, violence, racial intolerance, discrimination, or the financial exploitation of criminal activity;
(i) activities that encourage, promote, facilitate, or induce others to engage in unlawful conduct;
(j) using the Services as a private banking institution or for similar unauthorized financial intermediation activities;
(k) using the Services in a manner that could damage, disable, overload, impair, or interfere with the operation of TOTALCOIN, including, without limitation, automated use of the Services; and
(l) any activity contrary to public morals, public order, or generally accepted standards of good conduct.
14.4
If the User uses the System through unauthorized means or for purposes other than payment processing or management of a TOTALCOIN Account, including, without limitation, security manipulation, interference with System operations, hacking, unauthorized access, circumvention of security measures, or any similar conduct, TOTALCOIN may immediately terminate the User’s Account.
The User shall be liable for all damages, losses, costs, and expenses resulting from such conduct. TOTALCOIN may retain funds held in the User’s Account until the damage has been fully remedied and may pursue any legal action or remedy it deems appropriate.
14.5
The User agrees not to use the System to conduct transactions that may reasonably be identified as cash advances through the User’s own credit card or any other available funding source.
For purposes of this Agreement, a “Cash Advance” means any transaction whereby a User funds an Account using a credit card or other permitted payment method, obtains liquidity through the System, and subsequently withdraws those funds.
This includes, without limitation, situations in which a User makes a payment to a third party using funds sourced from a credit card or another payment method and subsequently receives the same funds back from that third party before requesting withdrawal of those funds.
14.6
Upon detecting any indication of unlawful, unauthorized, fraudulent, or improper use of the System, including any of the activities described in this Section, the Company may reject payment instructions, temporarily suspend access to or use of the User’s TOTALCOIN Account, and/or permanently close the Account.
The User shall remain liable for all damages and losses arising from such conduct, and the Company may initiate any administrative, civil, or criminal actions it deems appropriate.
14.7
The User agrees to indemnify, defend, and hold harmless the Company from and against any and all claims, damages, losses, liabilities, costs, expenses, and fees arising from or related to the User’s improper use of the System.
15. Security
15.1
TOTALCOIN has implemented technical and organizational measures designed to protect personal information against accidental loss and unauthorized access, use, alteration, disclosure, or destruction.
However, TOTALCOIN cannot guarantee that unauthorized third parties will never be able to defeat such security measures or misuse personal information for improper purposes.
The User acknowledges and agrees that any personal information provided through the Service is submitted at the User’s own risk.
15.2
If the User becomes aware of any security vulnerability, incident, or concern, the User agrees to notify TOTALCOIN immediately by contacting the TOTALCOIN Security Team at Contacto@totalcoin.com.
The User further agrees not to disclose or publicize such security issue until TOTALCOIN has had a reasonable opportunity to investigate and address it.
16. User Information
16.1
All information provided by the User through the Website shall be deemed a sworn statement, and the User undertakes to keep such information accurate, complete, and up to date.
16.2
The User authorizes the Company to use personal information for purposes related to the operation, administration, maintenance, improvement, and provision of the Website and Services.
The Company shall not publish, sell, lease, or otherwise disclose User information to third parties except where disclosure is required by law, court order, regulatory authority, or governmental authority.
Notwithstanding the foregoing, the User may request exclusion from promotional or marketing communications distributed by the Company.
16.3
The Company uses cookies, IP filtering technologies, and similar tracking technologies when Users access and navigate the Website.
These technologies allow the Company to recognize Users and collect certain information relating to devices, systems, preferences, usage patterns, and transactions.
Refusal to accept cookies or similar technologies may affect the proper functioning of the Website.
Where the User consents to the use of such technologies, the User further agrees that the information obtained may be used to analyze preferences, personalize marketing initiatives, improve Services, and support other Website-related purposes.
17. User Content
17.1
In connection with the registration and use of a TOTALCOIN Account, Users may upload photographs, documents, information, or other content to the Service (“User Content”).
The User agrees not to upload any User Content unless such content has been created by the User or the User has obtained all necessary permissions, licenses, and rights from the applicable rights holders.
17.2
The User agrees not to upload, submit, transmit, publish, distribute, or otherwise make available through the Service any content that:
(a) is false, misleading, unlawful, obscene, indecent, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or otherwise objectionable;
(b) encourages conduct that may constitute a criminal offense or give rise to civil liability;
(c) violates any contractual obligation or infringes any rights of any person or entity, including privacy rights, publicity rights, or intellectual property rights;
(d) contains malware, viruses, malicious code, harmful data, or any destructive files or programs;
(e) advertises or promotes products or services competing with TOTALCOIN or its business partners, as determined by TOTALCOIN in its sole discretion; or
(f) in TOTALCOIN’s sole judgment, is otherwise objectionable, restricts or interferes with any person’s use of the Service, or may expose TOTALCOIN, its affiliates, or its users to harm, liability, or reputational damage.
17.3
By posting or submitting User Content through the Website or Service, the User grants TOTALCOIN a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable, and non-exclusive license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, publicly perform, publicly display, and otherwise exploit such User Content in any media now known or later developed, for purposes related to the operation, promotion, improvement, and commercialization of the Service and TOTALCOIN’s business.
The User represents and warrants that the User owns or otherwise controls all rights necessary to grant the foregoing license and has obtained all required authorizations from any applicable rights holders.
17.4
The User retains ownership of all rights in and to the User Content, subject to the rights granted to TOTALCOIN under this Agreement.
The User may modify or delete User Content through the User’s TOTALCOIN Account or by closing the Account, subject to any legal, operational, or regulatory retention requirements applicable to TOTALCOIN.
17.5
TOTALCOIN reserves the right, in its sole discretion, to remove, edit, disable, restrict access to, or otherwise manage any User Content at any time and for any reason without prior notice.
The User acknowledges that, through use of the Service, the User may be exposed to User Content that is offensive, indecent, inaccurate, or otherwise objectionable.
TOTALCOIN assumes no responsibility or liability for any User Content, including any loss of or damage to User Content.
By accepting this Agreement, the User acknowledges and agrees that User Content may be monitored, reviewed, or analyzed for purposes of enforcing this Agreement and ensuring compliance with applicable laws, regulations, and Company policies.
18. Rights in the Website and Its Content
18.1
The Website, including all trademarks, service marks, logos, trade names, designs, text, graphics, software, and all other content available through the Website, are the property of the Company or its licensors and are protected by applicable copyright, trademark, patent, trade secret, intellectual property, software, and other applicable laws.
Any unauthorized copying, reproduction, modification, distribution, display, publication, sale, licensing, commercial exploitation, or other use of such materials is strictly prohibited without the Company’s prior written consent.
18.2
TOTALCOIN reserves all rights not expressly granted to you under this Agreement.
TOTALCOIN retains all right, title, and interest in and to the Service, including all associated copyrights, patents, trademarks, trade secrets, proprietary rights, and all copies, modifications, updates, enhancements, and derivative works thereof.
Nothing in this Agreement grants you any ownership rights in, or licenses to use, any TOTALCOIN trademarks, service marks, trade names, logos, branding elements, or other proprietary materials except as expressly authorized herein.
For purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyrights, moral rights, database rights, publicity rights, privacy rights, trademark rights, trade dress rights, service mark rights, goodwill rights, trade secret rights, and all other intellectual property or proprietary rights, whether existing now or arising in the future, together with all applications, registrations, renewals, extensions, continuations, and enforcement rights relating thereto, under the laws of any jurisdiction worldwide.
19. Modifications
TOTALCOIN reserves the right, at any time and in its sole discretion, to amend, modify, update, or replace the terms of this Agreement, as well as to change, suspend, discontinue, remove, restrict, or impose conditions on any feature, functionality, aspect, or component of the Service.
TOTALCOIN shall provide prior notice of such changes whenever it reasonably determines that notice is appropriate under the circumstances, including by posting a notice on the Website located at totalcoin.com or on any other website owned or operated by TOTALCOIN in connection with the provision of the Services.
Your continued access to or use of the Service after such modifications have been published or otherwise communicated shall constitute your acceptance of the amended Agreement.
If you do not agree with any modification, your sole remedy shall be to discontinue use of the Service and terminate your TOTALCOIN Account in accordance with this Agreement.
20. Transparency Regime
The User may consult the “Transparency Regime” prepared by the Central Bank of the Argentine Republic (BCRA), based on information provided by regulated entities, for the purpose of comparing costs, features, and requirements of financial products and services.
The Transparency Regime is available at:
http://www.bcra.gob.ar/BCRAyVos/Regimen_de_transparencia.asp
21. Assignment
The User may not assign, transfer, delegate, or otherwise dispose of this Agreement or any rights or obligations arising hereunder, and any attempted assignment or transfer by the User shall be null, void, and without legal effect.
TOTALCOIN may assign, transfer, novate, or otherwise dispose of this Agreement, in whole or in part, or any rights or obligations arising hereunder, without the User’s consent and without prior notice to the User.
22. Taxes
The User shall be solely responsible for the determination, collection, withholding, reporting, filing, and payment of any applicable national, provincial, municipal, local, or foreign taxes, duties, levies, charges, assessments, or similar governmental fees (collectively, “Taxes”) arising from or relating to the User’s use of the Software, the Services, or any transactions conducted through the Service.
The User is solely responsible for determining whether any Taxes apply to any transaction and for ensuring compliance with all applicable tax obligations.
TOTALCOIN shall have no obligation to calculate, collect, withhold, report, remit, or pay any Taxes on behalf of the User, nor shall TOTALCOIN determine whether Taxes apply to any transaction conducted by the User.
23. Miscellaneous
Except as expressly provided herein, this Agreement constitutes the complete and exclusive agreement between you and TOTALCOIN regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, representations, and communications relating thereto.
This Agreement sets forth the entire liability of TOTALCOIN and its vendors, licensors, suppliers, contractors, and service providers (including payment processors), and establishes the User’s exclusive remedies with respect to access to and use of the Service.
In the event of any conflict between this Agreement and any other agreement, policy, guideline, or document issued by TOTALCOIN, this Agreement shall prevail with respect to the subject matter in dispute.
If any provision of this Agreement is determined to be invalid, illegal, unenforceable, or contrary to applicable law, such provision shall be modified and interpreted so as to accomplish its intended purpose to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
Section headings are included solely for convenience and shall not affect the interpretation of this Agreement.
Nothing in this Agreement shall limit any rights or remedies available to TOTALCOIN under copyright, trademark, patent, trade secret, intellectual property, or other applicable laws.
TOTALCOIN’s failure to enforce any right, remedy, or provision of this Agreement shall not constitute a waiver thereof.
No waiver of any provision of this Agreement shall be deemed a continuing or future waiver of such provision or of any other provision.
23 bis. PIX Service – Cross-Border Payments with Brazil
23 bis.1. Description of the PIX Service
TOTALCOIN offers Merchant Users the ability to receive payments through PIX, the instant payment system created and administered by the Central Bank of Brazil (Banco Central do Brasil – BACEN).
PIX enables Brazilian tourists and residents holding a valid CPF (Cadastro de Pessoas Físicas) to make payments to participating Argentine merchants by scanning a QR Code generated by TOTALCOIN.
Transactions are processed in real time through the PIX infrastructure and authorized intermediary payment processors.
23 bis.2. Payer Eligibility Requirements
The PIX Service is available exclusively for payments initiated by:
(a) individuals holding a valid CPF (Cadastro de Pessoas Físicas) issued by the Federative Republic of Brazil; or
(b) legal entities holding a valid CNPJ (Cadastro Nacional da Pessoa Jurídica).
TOTALCOIN does not guarantee availability of the Service for payers who do not meet these requirements and shall not be liable for any transaction rejected as a result of non-compliance by the payer.
The Merchant User acknowledges and agrees that it is solely responsible for informing its customers of the conditions and eligibility requirements applicable to the PIX Service.
23 bis.3. Fees and Launch Promotion
Transactions processed through PIX shall be subject to the fees published from time to time by TOTALCOIN.
As a promotional offer, during the calendar month in which the Merchant User is activated for the PIX Service and the following two (2) calendar months, the applicable transaction fee shall be 0% plus any applicable VAT.
Upon expiration of the promotional period, the then-current PIX transaction fee shall automatically apply, which as of the Effective Date of this Agreement is two percent (2%) of the transaction amount.
The promotion is personal, non-transferable, non-cumulative with other promotions, and subject to separate promotional terms and conditions published by TOTALCOIN.
TOTALCOIN reserves the right to modify or terminate the promotion at any time upon prior notice to the User.
23 bis.4. Settlement Currency
Funds received through PIX transactions shall be credited to the User’s TOTALCOIN Account denominated in Argentine Pesos (ARS), based on the exchange rate applicable at the time of the transaction, as determined by the relevant processor and in accordance with applicable foreign exchange regulations.
TOTALCOIN does not guarantee any specific exchange rate.
The User expressly acknowledges and assumes all risks associated with exchange rate fluctuations between the Brazilian Real (BRL) and the Argentine Peso (ARS).
23 bis.5. Settlement and Third-Party Processing
PIX transactions are processed in real time through the BACEN infrastructure.
Notwithstanding the foregoing, the settlement of funds into the User’s TOTALCOIN Account is subject to the operational processing times of intermediary processors and compliance with applicable Argentine foreign exchange regulations.
TOTALCOIN does not guarantee specific settlement timeframes in the event of system failures, scheduled or unscheduled maintenance, operational restrictions affecting the PIX network, or directives issued by Argentine or Brazilian regulatory authorities.
In such circumstances, TOTALCOIN shall use commercially reasonable efforts to inform the User and facilitate resolution of the issue, without incurring liability for any resulting losses or damages.
23 bis.6. Foreign Exchange and Tax Regulations
PIX transactions may be subject to applicable foreign exchange regulations issued by the Central Bank of the Argentine Republic (BCRA), regulations issued by BACEN, and applicable tax laws in Argentina and Brazil.
The User shall be solely responsible for verifying and complying with all tax obligations arising from revenues received through PIX transactions, including, without limitation, invoicing requirements, tax filings, reporting obligations, and compliance with any requirements imposed by tax authorities or governmental agencies.
TOTALCOIN assumes no liability whatsoever for the User’s failure to comply with such obligations.
23 bis.7. Chargebacks and Reversals in PIX Transactions
Without prejudice to Section 3.9 of this Agreement, the User acknowledges that the PIX system permits refund and reversal requests initiated by payers within the timeframes established by applicable Brazilian regulations.
In the event of a refund request, reversal, or other recovery procedure involving a PIX transaction, TOTALCOIN shall act in accordance with the instructions of the applicable processor and governing regulations and may debit the corresponding amount from the User’s TOTALCOIN Account.
The User accepts this mechanism and undertakes to maintain sufficient funds in the Account to satisfy any such reversal obligations.
23 bis.8. Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT)
As a reporting entity subject to the supervision of the Argentine Financial Information Unit (Unidad de Información Financiera – UIF), and in accordance with Sections 1.3, 1.4, and 1.5 of this Agreement, TOTALCOIN may request additional information and documentation regarding PIX transactions that present unusual patterns or exceed thresholds established by applicable regulations.
TOTALCOIN reserves the right to block, reject, delay, suspend, or investigate PIX transactions where suspicious activity is identified, without incurring liability to the User.
23 bis.9. Operational Limits
TOTALCOIN may establish minimum and maximum transaction limits, whether per transaction or over specific periods, applicable to PIX transactions.
Such limits shall be communicated to Users with reasonable prior notice and may be modified from time to time.
Additionally, the PIX system itself may impose operational limits that are outside TOTALCOIN’s control.
23 bis.10. Security and Fraud Prevention
TOTALCOIN implements fraud prevention and security controls applicable to PIX transactions.
Notwithstanding the foregoing, the User acknowledges that it remains responsible for verifying, to the extent reasonably possible, the legitimacy of transactions received and for promptly reporting any suspicious transaction through the channels designated by TOTALCOIN.
TOTALCOIN may retain funds and/or return funds to the originating account where fraud is suspected, in accordance with Section 1.3 of this Agreement.
23 bis.11. Modification or Discontinuation of the PIX Service
TOTALCOIN may modify, suspend, restrict, or discontinue the PIX Service at any time due to business decisions, regulatory changes in Argentina or Brazil, directives issued by the BCRA or BACEN, force majeure events, or any other circumstance beyond its reasonable control.
TOTALCOIN shall provide notice to Users whenever reasonably practicable.
Such modification, suspension, or discontinuation shall not give rise to any right of compensation, reimbursement, indemnification, or damages in favor of the User, except where such damages are directly caused by TOTALCOIN’s willful misconduct and are duly proven by the User.
24. Notices
All notices and communications under this Agreement shall be validly made to the email addresses designated by the Company and the User.
The email address provided by the User upon registration of the TOTALCOIN Account shall constitute the User’s legal domicile for all purposes arising under this Agreement, in accordance with Section 75 of the Argentine Civil and Commercial Code.
Likewise, the email address designated by TOTALCOIN for communications with Users shall constitute its legal domicile for notice purposes.
Any notice sent by email shall be deemed valid, sufficient, and legally effective, and shall be presumed received no later than five (5) Business Days after transmission, unless proven otherwise.
The Parties expressly acknowledge and agree that email communications constitute a valid and reliable means of notice and evidence for all purposes related to this Agreement.
25. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Argentina, without regard to any conflict of laws principles that would result in the application of the laws of another jurisdiction.
The place of performance of the obligations arising under this Agreement shall be the Autonomous City of Buenos Aires, Argentina.
Any dispute, controversy, or claim arising out of or relating to this Agreement, its interpretation, performance, validity, breach, termination, or enforcement shall be submitted to the exclusive jurisdiction of the ordinary courts sitting in the Autonomous City of Buenos Aires, and the Parties expressly waive any other jurisdiction or venue that may otherwise correspond to them.
