Peru
These terms and conditions of use (the "Terms") constitute a contract between any person ("User/s") who wishes to access and/or use the services provided by Digital Trading S.A. ("BNKA") for Argentine users through the website bnka.com (the "Website") and/or the BNKA App (the "application"), owned by Block Digital UAB, with an address at Paupio g. 28, LT-11341, Vilnius, Lithuania. For all purposes, these Terms and Conditions apply to the use of the Application and the Website.
These Terms describe the rights, responsibilities, and obligations of the Parties when using the Application and any related product, functionality, or service offered therein (any of them, indistinctly, the "Service" and, collectively, the "Services," as applicable).
It is clarified that BNKA will operate as a manager and agent for the Users in accordance with the instructions they provide through the Application for the use of the Services available there and as a collection and/or payment agent for Block Digital UAB.
The User acknowledges and agrees that unless otherwise stated, any use of the Services available in the Application will constitute a direct contract between the User and the External Provider of those Services. The User acknowledges and agrees that the External Provider may establish special conditions applicable to one or more Services, and that BNKA will not be a party to the contractual relationship between the User and the External Provider.
The User must read, understand, and accept all the conditions set forth in these Terms and other policies and principles incorporated by reference before registering as a User and/or using the Services. Please read them carefully before completing the registration form in the Application. In any case, the use of the Services implies the User's acceptance of these Terms.
Any person who does not wish to accept these Terms, which are mandatory and binding, should refrain from registering in the Application and/or the Services.
1.1 To register on the Website, it is mandatory to complete all the fields of the registration form with valid and accurate personal information ("Personal Data"). Additionally, Users must satisfactorily comply with the identification and due diligence process provided on the Website, as well as with the applicable anti-money laundering and counter-terrorism financing ("AML/CTF") policies and regulations that may be implemented. To comply with AML/CTF regulations, BNKA and Block Digital UAB will share some User data.
1.2 All the information and Personal Data entered by the User are considered sworn statements, and the Users guarantee their truthfulness, accuracy, completeness, validity, and authenticity. BNKA reserves the right to request supporting documents and/or additional information to verify the information provided by a User regarding Personal Data, as well as to reject a registration request or temporarily or permanently suspend those Users whose data could not be confirmed or in case of detecting suspicious activities, without such a decision generating any right to indemnification or compensation for the User.
2.1 By registering on the Website, the Argentine User will be granted an account to access the Services and functionalities offered by the Website (the "Account").
2.2 The User will access their Account by entering their email address and password on the Website. The User is obligated to maintain the confidentiality of their password and Personal Data. The User will be solely and exclusively responsible for all operations carried out in their Account. The User agrees to notify BNKA immediately and through appropriate and reliable means of any unauthorized use of their Account, as well as any unauthorized access or attempted access by third parties. Additionally, the Website may establish a two-factor authentication system to verify the User's identity when using the Services.
2.3 Only individuals who have the legal capacity to contract and are duly registered as Users on the Website may be Users and use the Application and Services. Those who do not have the legal capacity to contract, such as minors and those who have been suspended or disqualified, cannot be Users.
2.4 It is clarified that, in all cases, the Account is personal, unique, and non-transferable, and it will be assigned to a single User. Its sale, assignment, or transfer (including reputation) is prohibited under any circumstances. The User may not allow or authorize the use of their Account by third parties. Any reference to money in the Application shall be understood to refer to the legal currency of the Argentine Republic, except in cases where another currency is expressly indicated.
3.1 The Application allows Users to access payment account services provided by the corresponding External Provider. In this regard, the User acknowledges and agrees that unless otherwise stated to the User through a communication on the Website, BNKA: (i) does not offer payment services, (ii) does not offer payment accounts; (iii) is not authorized to operate as a financial entity by the BCRA; and (iv) does not provide the User with any banking or exchange services.
3.2 By completing the registration process and requesting the opening of an Account, the User grants BNKA an irrevocable mandate to execute the instructions given by the User through the Website.
3.3 The User may make Requests through the Website. All operations carried out from the Website will be understood to be made by the User, considering them valid, legitimate, and authentic. The User is solely responsible for the Requests they issue and their consequences. BNKA reserves the right not to process those Requests that: (a) are incomplete; or (b) contain discrepancies between the data provided by the Users and the data actually entered into BNKA; or (c) are considered illegal, suspicious, and/or in violation of these Terms; or (d) BNKA considers it necessary, without the need to justify its decision; or (e) the External Provider concerned so indicates.
3.4 BNKA will not be responsible for incorrect or incomplete orders, instructions, Requests, and/or payments caused by the erroneous entry of the identifying data of the Payment Account (or any external payment or bank account to the Website), relevant recipient information, or the payment operation made by the User. The User hereby assumes, acknowledges, and accepts full responsibility for the losses that may arise, especially if fraudulent, duplicate, unauthorized, or merely erroneous instructions are issued through their User name, as well as for any potential damages they may cause to BNKA. The User declares that they are aware of and accept all risks that unauthorized third parties may access the information related to their Account, and therefore, they release BNKA from all liability in this regard, acknowledging that BNKA has made its best technical efforts to ensure that the information included in each of its systems maintains the highest possible degree of confidentiality.
4.1 The Website will provide the means enabled by the External PSP Service Providers to enter and withdraw funds from the Payment Accounts associated with the Account. Once a Request is accepted and authorized by BNKA, BNKA will request the External Provider to comply with the instruction contained in the Request—whether it involves fund entry or withdrawal—subject to compliance with all applicable requirements for the requested operation (including, but not limited to, the availability of funds in the Payment Account). Otherwise, the Request will not be processed. Once a Request is authorized, the corresponding sums of money will be in a pending settlement status and will be credited to the Payment Account, subject to the terms governing the opening of that Payment Account, within the timeframes and terms provided in this Clause 4.
4.2 Transfers to payment or bank accounts that are not owned by the User requesting the transfer may be subject to limits if required by applicable regulations (especially BCRA communications and ordered texts and AML/CTF regulations), whether for security reasons or for any other reason.
4.3 The details of all fund entries and withdrawals made by the Users will be reflected in the activity of each User's Account.
5.1 Users exempt BNKA from liability for situations that may affect banks, External Providers, the Payment Account, or Other Accounts where the available funds of the Account are deposited, as well as for political and economic situations that may arise in the country and are beyond BNKA's control. In such cases, Users cannot hold BNKA, its subsidiaries, controlling and/or controlled companies, and/or companies under common control liable or demand the return of money or compensation for lost profits due to damages resulting from such situations or for unprocessed payment orders by the system or rejected, suspended, or canceled accounts.
5.2 Users acknowledge that the funds delivered under the Requests in the Payment Accounts will be available as they are settled by the corresponding External Provider in each Payment Account, in accordance with the applicable settlement periods. Therefore, in the situations described in the previous paragraph, BNKA will not be obligated to follow the User's instructions if there are different options for rescheduling, exchanging, disposing of, converting, or returning the available funds. In such situations, the External Provider concerned will have the right to choose the option that, at its sole discretion, is the most convenient, even opting for the one it considers most appropriate to liquidate the available funds deposited in the banks quickly, simply, and orderly, even if it involves reductions, write-offs, or waiting periods for the deposited amounts.
6.1 For the use of the Website, the User agrees to pay BNKA a commission (the "Commission") each time they make Requests that involve receiving funds in their Payment Account or making deposits or withdrawals from their Payment Account, under certain conditions. Accordingly, the User authorizes BNKA to deduct and withhold the Commissions or any other amount owed from the available funds in their Payment Account.
6.2 The User also acknowledges and agrees that the use of the Services may have a cost payable to their External Providers, and therefore authorizes BNKA and the External Providers to deduct and withhold from the available funds in their Payment Account any amount owed to External Providers, as well as to any product and service providers whose contracts were made through the Website. The User will be informed of these commissions through the Website. BNKA reserves the right to charge other types of Commissions to the User, which must be notified on the Website.
6.3 The User authorizes BNKA and the External Providers to deduct, withhold, and/or restrict the use of, from the available funds in their Payment Account, an amount equivalent to the Commissions or any other amount owed (the "Amount Due"), whether the Amount Due was generated in the Account or in any other account that, in BNKA's reasonable judgment, is considered a related account to the Account (the "Related Account"). BNKA will consider a third party's account to be a Related Account to the User's Account when both accounts share one or more attributes that reasonably suggest a joint operational use of the accounts and/or indicate that one account has operational knowledge of the other and/or that the use of one or both accounts is intended to evade obligations that may fall on the other. In cases where the Amount Due was generated in a Related Account, the User must justify, if applicable, that these are not Related Accounts. Notwithstanding the foregoing, the determination of the existence of Related Accounts is subject to the sole, exclusive, and reasonable judgment of BNKA.
7.1 The User must keep their Account secure and with mechanisms that restrict access to it. It is the User's obligation to protect the email and password that will allow them to access the Website. Users will be solely and exclusively responsible for all operations carried out with their Account. Users agree to notify BNKA immediately through the available channels of any unauthorized use of their Account, as well as any unauthorized access or attempted access by third parties.
7.2 The User releases BNKA from all liability related to (i) operations not carried out due to suspicion of financial crimes, (ii) operations carried out from the Website using their email and password, (iii) operations carried out by unauthorized third parties as long as the User has not taken the necessary steps to block the Account after a situation of theft, robbery, or loss of their devices. In the event of theft, robbery, or loss of the device through which the User habitually accesses the Website, and the User suspects that their access information may have been compromised, the User must report this event to BNKA through the provided customer service channels, so that BNKA can take necessary actions to block access to the Account. If the User fails to fulfill this obligation, they may be held responsible for operations carried out by third parties.
7.3 The User must always keep their email account updated so that BNKA can carry out the necessary security procedures for providing the Services.
7.4 BNKA processes Users' personal data in accordance with its Privacy Policy. The User should consult the Website's Privacy Policy for details on the processing of their personal data.
8.1 The use of the Website is in all cases at the sole responsibility and risk of the User. BNKA assumes no responsibility for the malfunction of the device and/or software used by the User to access the Services, nor does it guarantee the availability and continuity of the Website and/or Services' operation, the inviolability of the data stored or transmitted over public telecommunications networks or other means, the absence of malfunctions, or the absence of viruses on the Website that may harm the User. BNKA is also not responsible for failures related to and/or caused by third parties and the systems they manage, whether they are Internet access service providers, mobile phone providers, participants in the National Payment System, financial institutions, and/or any other product and service provided by entities other than BNKA. BNKA assumes no responsibility for the operators or providers of the Other Accounts, nor for the actions of the External Providers, nor for their operation or availability, limiting its intervention to executing the Requests submitted by the User in relation to them. Users assume the risk of fortuitous events and force majeure and cannot, under any circumstances, hold BNKA liable or demand compensation for damages resulting from the aforementioned difficulties, as well as any other kind of damage, including indirect, special, or consequential damages arising or experienced by Users, even if such failures affect the amounts that must be paid or credited.
8.2 The User declares that they are aware of and accept all risks that unauthorized third parties may access the information related to their Account, and therefore, they release BNKA from all liability in this regard, acknowledging that BNKA has made its best technical efforts to ensure that the information and/or Personal Data are kept under the highest possible level of confidentiality and security. BNKA will not be responsible for payments or any other erroneous operations carried out by the User as a result of the incorrect entry of email, C.B.U., C.V.U., crypto wallet keys, access keys, and/or the use of any Other Account and/or alias and/or any other recipient data required for processing the Services, amount, or any other relevant information in the Requests.
8.3 BNKA is unaware of and is not responsible for the obligation that may give rise to any Request issued by the User through the Website and will not verify the cause or obligation that originated it, nor the other circumstances related to the payment instruction contained in the Request. BNKA will also not verify the Users' contracting capacity. No right to claim will arise on the part of the User against BNKA, and the User will be solely responsible for the Request and its consequences. The User acknowledges and accepts that when conducting transactions with other Users or third parties, they do so at their own will, freely giving their consent, and at their own risk and responsibility. In no case will BNKA be responsible for direct damage, lost profits, or any other damage and/or harm that the User may have suffered as a result of transactions carried out or not carried out through the Website. If one or more Users initiate any type of claim or legal action against another or other Users, all and each of the Users involved in such claims or actions release BNKA and its directors, managers, employees, agents, branches, subsidiaries, controlling and/or controlled companies, operators, representatives, and attorneys from all liability. Users assume the same responsibility in relation to the payment methods used for their transactions, which do not guarantee the fulfillment of the obligations that the Users have assumed with third parties regarding making or receiving payments through the Website.
8.4 Users release BNKA from all liability for situations that may affect banks, third parties, and bank or virtual accounts where the available funds or assets linked to BNKA Accounts are deposited (including but not limited to the Payment Account and/or Other Accounts), as well as for political and economic situations that may arise in the country and are beyond BNKA's control. In such cases, Users cannot hold BNKA, its subsidiaries, controlling and/or controlled companies, or affiliated companies liable, nor demand the return of money or compensation for lost profits due to damages resulting from such situations or for unprocessed or rejected payment orders, suspended or canceled accounts. Regardless of any statement contrary to these Terms, BNKA's liability—where imputable and attributable to gross negligence or fraud—will be limited to indemnification for any breach that gives rise to a claim by the User, cumulatively and totally, to the maximum amount the User has paid through their Account the day before the occurrence of the damage that gave rise to the User's claim.
8.5 BNKA and its related companies will not be responsible for the User's conduct that originates from or is linked to information contained in fake emails or emails that appear to come from BNKA or are sent by third parties unrelated to BNKA or its related companies; nor will they be responsible for any harmful consequences resulting from such conduct or the circulation of the mentioned fake emails.
9.1 The contractual relationship between the Parties arising from the acceptance of these Terms and Conditions is indefinite but may be terminated by either Party at any time without the need to state a reason. For this, the User can use the Deactivation Button on the Website. To exercise this right, it is necessary that the party intending to terminate does not owe any obligations to the other party or third parties involved in the operations. The revocation or closure of the Account at the User's request will be free of charge for the User.
9.2 Notwithstanding the above and in addition to the grounds for termination due to User non-compliance referred to in Clause 12 below, BNKA reserves the right to close the BNKA Accounts of its Users in the following cases: (a) for not recording movements in the Account for a period of 90 (Ninety) consecutive days; (b) registration of operations with an unacceptable credit risk or fraud risk for BNKA; (c) verification that any false, incomplete, inaccurate, or misleading information has been provided, or inconsistencies in the information provided at the time of registration; (d) suspicion of fraudulent or illegal conduct outside the User's usual behavior pattern; (e) operations outside their transactional profile without justifying the origin and legality of their funds; and/or (f) registration of any misuse of the Website.
9.3 Termination for any cause will result in the closure of the Account in all cases, as well as the deletion of access credentials, meaning that the User will no longer be able to access it. However, this will not suspend the fulfillment of all Requests already authorized by the User at the time of notifying the termination. The Account status will be changed to Closed. Transaction information will remain for the lifetime of the Website, as it is structural information, and the User's specific information will remain as a report, as backup, for a period of at least 2 (two) consecutive years from the time of closure, or as long as BNKA deems necessary or relevant for the purposes for which it was collected. The User can request a copy of this information via email to support@bnka.com, only from the email address used for registration, or via a valid legal notice to BNKA's legal address. The report will be delivered within the time frame determined by BNKA, only via email or legal notice to the address provided by the User in the previously mentioned request.
9.4 If applicable, BNKA reserves the right to inform commercial reporting companies or credit bureaus of the existence of unpaid and overdue debt, as authorized by current personal data protection legislation. After the closure of an Account, the Account holder agrees to: (a) stop using the Services immediately, (b) conclude the use of the authorization provided in these Terms; and (c) not hold BNKA responsible or make claims and indemnify BNKA for the termination of access to the Account and for the deletion of their information—including Personal Data—from BNKA's servers, which BNKA reserves the right to do in accordance with current regulations.
9.5 BNKA will not be responsible to Users for compensation, reimbursement, or damages related to the use of the Website or the Services or any termination or suspension thereof. Any termination of the relationship with BNKA does not exempt the User from any obligation to pay charges, expenses incurred before the termination of the Account, and any other amount owed by the User to BNKA if applicable according to these Terms and Conditions.
9.6 In the event of the User's death or subsequent incapacity, their successors or legal representatives must present the documentation requested by BNKA to access the Account funds. Until the required conditions for accessing the Account are met, the Account will remain suspended. Subject to compliance, the Account will be permanently closed. For more information about the process, please email: legal@bnka.com. It is clarified that External Providers have their own policies and procedures for these cases, so access to the Account does not necessarily allow for the withdrawal of available funds in a Payment Account. This will depend on the terms of use of the Service in question, and any request in this regard should be directed to the External Provider.
10.1 BNKA may take any and/or all of the following actions in the event of User Non-compliance (as defined in Clause 10.2): (a) declare all pending deadlines due; (b) require the User to justify any operation that BNKA considers unusual, suspicious, fraudulent, or in bad faith; (c) disable, freeze, close the Account(s); (d) initiate legal action against the User; and (e) demand full payment of the debt, plus compensatory and default interest, and other accessories, commissions, charges, and expenses (including professional fees and judicial or extrajudicial costs, without prejudice to other legal remedies available). Additionally, BNKA may take all necessary actions to protect its security, that of its Users or third parties, as well as to prevent fraud and illegal activities.
10.2 The User will be considered to have committed a "Non-compliance" with these Terms (which will occur automatically and without the need for prior notice) if: (a) they violate any law, ordinance, regulation, or rule; (b) act in a defamatory, offensive, fraudulent, or discriminatory manner; (c) fail to pay any amount owed to BNKA or External Providers when due; (d) use the funds for a purpose other than that declared; (e) refuse to provide any information, documentation, or justification for any action required; (f) fail to comply with any legal provision, the violation of which is sanctioned with the cancellation of credits and/or banking services and/or taxes owed; (g) a judicial or administrative measure is ordered on their assets, or other circumstances occur that could affect the User's moral and/or material solvency; (h) they are in a "payment default" situation, in preventive bankruptcy, or their bankruptcy is requested and not lifted at the first procedural opportunity; (i) their Payment Account, their accounts opened in other financial entities, or any of the Other Accounts are disabled for operation in the financial system; (j) fail to comply with any obligation assumed in these Terms and Conditions or any future modification thereof, or fail to comply with any obligation under any other current contract with BNKA or any other company related and/or affiliated with BNKA; (k) provide inaccurate, fraudulent, or incomplete information either during the Account opening or at any time during the contractual relationship with BNKA; (l) perform any action that generates an unreasonable, extra, or disproportionate burden on any BNKA software; (m) create, use, facilitate, provide any virus, Trojan, malware, denial of service attack, cancelbots, worms, adware, spyware, or any other element that may damage, disrupt, corrupt, modify the operation, harm, or allow unauthorized access, obtain data or information from BNKA or any of the Services; (n) use an anonymous proxy, artificial intelligence, robot, spider, applications, modified proprietary codes, devices whose operating system has been altered without authorization or approval from the original manufacturers, any other device, automated or manual process aimed at: executing, modifying, emulating, monitoring, or copying BNKA software; (o) perform any activity/operation that BNKA considers contrary to morality and/or good customs or that is not in line with the purpose for which the Application was created; (p) fail to comply or interfere, or intend to interrupt or interfere with the Application, software, network systems, and infrastructure used by External Providers to provide Services; (q) conduct excessive, unnecessary, or unexplained transactions; (r) engage, at BNKA's sole discretion, in any activity considered fraudulent or malicious; and/or (s) mistreat, disrespect, harass, or offend any BNKA employee, related person, contractor, or representative.
The User may not assign, transfer, delegate, or dispose of the rights or obligations arising from these Terms and Conditions, in whole or in part. BNKA may assign, transfer, delegate, or dispose of the rights or obligations arising from these Terms and Conditions or its contractual position, in whole or in part, for which the User grants their prior consent to carry out such actions. It will not be necessary for BNKA to notify the assigned debtor, as provided in Articles 70 to 72 and related articles of Law No. 24,441.
12.1 The User declares under oath that the funds and assets they will use in transactions with BNKA come from and will be used for lawful activities, and that all movements recorded in their Accounts will be strictly related to the activity declared to BNKA and/or to public sources that BNKA may consult. The User agrees to provide BNKA with all the information/documentation necessary to verify their identity, legal status, domicile, and any other data required by BNKA to comply with applicable regulations. If the User fails to provide the information required by BNKA, they may be in breach of these Terms. All the information provided by the User is considered a sworn statement.
12.2 In compliance with the provisions of the United States Foreign Account Tax Compliance Act (FATCA), the User declares under oath that: (a) they are not a U.S. person (citizen and/or resident); nor (b) acting on behalf of and representing a U.S. person; (c) in the event of being a U.S. person, they agree to cooperate with BNKA and provide all required information to facilitate BNKA's provision of information about themselves and/or their Account to the U.S. Internal Revenue Service (IRS).
12.3 For the purposes of the Organization for Economic Cooperation and Development (OECD) financial account information exchange, the User declares under oath that they have tax residence in the Argentine Republic.
12.4 The User acknowledges and accepts that BNKA is committed to promoting and conducting its business ethically and avoiding any corrupt practices, aligning its conduct at all times with the provisions of Law No. 27,401 on the Criminal Liability of Legal Entities.
The User expressly opts for documentation and information related to these Terms provided by BNKA to have, unless expressly stated otherwise, an electronic format. In any case, the User may make copies, even in physical format, of the documentation and information provided by BNKA relating to these Terms. The User irrevocably authorizes BNKA and/or its designee to record the User's transactions related to the Services and to use such recordings as evidence before administrative and/or judicial authorities. The issued records will be considered sufficient proof of compliance with the instructions and Requests and will replace the need for any receipt and be fully enforceable against the User. For this purpose, the Parties agree to grant evidentiary value to the records issued as a result of the approvals or instructions given by the User, with the scope established in the applicable legislation.
14.1 BNKA's special domicile for contractual purposes is established at the following address: Godoy Cruz 1653, office 101 - CABA, CP: C1414CYJ. The domicile established by Users for the use of the Services is the domicile registered by Users in the Application.
14.2 The User expressly accepts that all notifications made to the Users, including but not limited to notices, reminders, or communications related to the Services, will be directed: (i) to the main email address registered by them (special electronic domicile, as provided in Article 75 of the Argentine Civil and Commercial Code) or (ii) through the Website.
The use of some of the Services may require the payment of taxes provided for by applicable legislation. All present or future taxes and fees that may apply will be paid by the User. Additionally, the User will be responsible for paying any fines, fees, penalties, damages, costs, or claims that may be applied to BNKA by acquiring companies and/or credit card brands as a result of chargebacks related to transactions made by the User.
The provider of payment accounts is Block Wallet, which is limited to offering payment services and is not authorized to operate as a financial entity by the Central Bank of the Argentine Republic. Funds in legal tender deposited in the BNKA Account do not constitute deposits in a financial entity and do not have any of the guarantees that such deposits may enjoy under applicable legislation and regulations on financial institution deposits.
These Terms and Conditions shall be interpreted and governed by the laws of the Argentine Republic. In the event of any difference, disagreement, or conflict arising from the use of the Website, or the application, interpretation, validity, and/or scope of these Terms and Conditions, the User agrees to initiate their claim exclusively through the means provided on the Website or, failing that, to contact BNKA in a reliable manner, submitting their claim so that the Parties can try to reach an agreement.
If, after 30 (thirty) calendar days from the initiation of the claim, it has not been possible to reach a solution, the User may choose to submit their claim to the following instances, if applicable:
Updated August 15, 2024.
