Peru
BNKA – TERMS AND CONDITIONS – PERU
1. INTRODUCTION AND SCOPE
These Terms and Conditions for Peru (the “Peru Terms”) govern access to and use, by users residing in the Republic of Peru, of the services available through the BNKA technology platform (the “Platform”).
These Peru Terms supplement and must be read together with the BNKA General Terms and Conditions (the “General Terms”). In the event of any inconsistency, these Peru Terms shall prevail.
The Platform is owned by Neoxpat Limited, a company incorporated under the laws of Cyprus, which acts exclusively as the owner and operator of the technological infrastructure and does not provide regulated financial services in Peru.
2. SERVICE DELIVERY MODEL IN PERU
In the Republic of Peru, the financial services accessible through the Platform are provided in accordance with the applicable regulatory framework, through entities duly authorized and supervised by the Superintendence of Banking, Insurance, and Private Pension Fund Administrators (SBS).
3. PARTICIPATING ENTITIES
3.1 GMONEY S.A.
GMONEY S.A. is a company incorporated under the laws of the Republic of Peru, authorized and supervised by the Superintendence of Banking, Insurance and AFP (SBS) as an Electronic Money Issuer.
GMONEY S.A. is the entity responsible for providing:
electronic money wallets;
issuance, management, and custody of electronic money;
loading, unloading, transfers, and payment transactions in local currency;
other services permitted under applicable Peruvian regulations.
Funds associated with electronic money do not constitute bank deposits and are governed by the specific regulations applicable to electronic money in Peru.
3.2 BNKA as a technological interface
In Peru, BNKA acts exclusively as a technological interface that allows users to:
access the services provided by GMONEY S.A.;
view balances, transactions, and information;
initiate requests and instructions in accordance with the enabled services.
BNKA is not a financial institution, does not take deposits from the public, does not manage funds, does not issue electronic money, and does not set financial terms.
4. CONTRACTUAL RELATIONSHIP
By using the services available in Peru:
the user enters into a contract directly with GMONEY S.A. regarding electronic money services;
BNKA and Neoxpat Limited are not a contractual party to regulated financial services.
The specific terms and conditions of electronic money services are determined by GMONEY S.A. and communicated to the user in accordance with applicable regulations.
5. REGISTRATION, IDENTIFICATION, AND COMPLIANCE
Access to the services is subject to compliance with identification, verification, and customer due diligence (KYC) processes, anti-money laundering and counter-terrorist financing (AML/CTF) requirements, in accordance with SBS regulations and GMONEY S.A.’s internal policies.
GMONEY S.A. and BNKA may request additional information, apply limits, suspend transactions, or restrict access when required for regulatory, security, or risk management reasons.
6. COSTS, FEES, AND ECONOMIC TERMS
Fees, commissions, and costs applicable to electronic money services are established by GMONEY S.A. and communicated to the user prior to contracting or executing transactions.
BNKA does not determine or directly receive commissions on electronic money, except those related to the use of the Platform, when applicable and previously disclosed.
7. USER OBLIGATIONS
The user undertakes to:
provide truthful, complete, and up-to-date information;
use the services lawfully and in accordance with Peruvian law;
not use the services for unlawful, fraudulent, or prohibited activities;
keep their credentials and devices confidential.
8. LIABILITY
GMONEY S.A. shall be exclusively responsible for the electronic money services it provides.
BNKA and Neoxpat Limited shall not be liable for:
acts or omissions of GMONEY S.A.;
losses arising from electronic money services;
interruptions attributable to third parties or causes beyond their reasonable control.
Nothing in these Terms limits the consumer’s non-waivable rights under Peruvian law.
9. SUSPENSION AND TERMINATION
Access to the services may be suspended or terminated in accordance with applicable regulations, GMONEY S.A.’s policies, or requirements issued by a competent authority.
Termination of access to the Platform does not extinguish the user’s outstanding obligations toward GMONEY S.A.
10. AMENDMENTS
These Peru Terms may be amended to reflect regulatory or operational changes. Amendments will be communicated in accordance with applicable regulations.
11. GOVERNING LAW AND JURISDICTION
These Peru Terms are governed by the laws of the Republic of Peru.
Any dispute shall be submitted to the jurisdiction of the competent courts of the Republic of Peru, without prejudice to consumer rights.