APPLICABLE RULES MEXICO
Services can be provided by Kushki S. de R.L de C.V. or other affiliates to the extent a Commercial Agreement or Service Agreement is executed.
Kushki does not offer banking services nor is it a money transmitter, as defined by the Act on Credit Institutions and the General Act on Auxiliary Credit Organizations and Activities. Kushki acts as Payment Aggregator and/or Payment Acquirer, as provided in the General Provisions Applicable to Payment Processing Networks (herein referred to as the "Payment Network Rules"), published by the Bank of Mexico on March 11, 2014, as amended from time to time, and any other applicable regulation issued by the Bank of Mexico, the National Banking and Securities Commission or any other government authority for Aggregators and/or Acquirers or other parties involved in payment processing networks in Mexico.
The Client accepts that any software of Kushki software or platform may be subject to export regulations imposed by the applicable regulation in Mexico, so it cannot be downloaded and/or copied, or exported or re-exported within (or to a citizen or resident of) a country where the import or download of such software is restricted (herein referred to as the “Restricted Country.”)
RULES APPLICABLE TO THE SERVICES:
TREATMENT OF PERSONAL DATA:
Kushki declares that, when having access to Personal Data of the Client and/or Users (as defined in the Federal Act on the Protection of Personal Data held by Private Persons), such data shall be treated as provided by the Federal Act on the Protection of Personal Data held by Private Persons (herein referred to as the "LDPDPPP.") The Client reaffirms its agreement with the Privacy Notice that establishes how Personal Data collected by Kushki is treated, such Privacy Notice being available on https://kushkipagos.com/legal/aviso-de-privacidad-integral-mexico;
If the Client was to collect personal data, it undertakes to inform the Users and/or Related Third Parties of the relevant privacy notice, which shall specify which personal data the Client would collect from them, and the purposes of the treatment, as provided in the Federal Act on the Protection of Personal Data held by Private Persons, its Regulations, and any provision consistent with the applicable law (herein referred to as the "Data Protection Regulation"). Furthermore, the Client undertakes to obtain consent from the Users to transfer personal data when the Law requires so. Besides complying with the requirements of the Data Protection Regulation, it also has security tools and certifications that are required by the authorities in Mexico and necessary to protect the confidentiality of the information contained in the Client Account and Personal Data.
APPLICABLE LAW AND DISPUTE RESOLUTION:
This Agreement shall be governed by and construed according to the applicable laws of the United Mexican States.
If the Client downloads or uses the Platform, it represents and guarantees that it is not a citizen, it does not reside nor it is located in any territory controlled by any Restricted Country. These T&C’s shall be governed by Mexican laws; therefore, you expressly agree to waive any jurisdiction that may be applicable because of your current or future address, and expressly submit to the jurisdiction and competence of the courts of Mexico City, for any matter related to these T&C.