Banco Popular de Puerto Rico
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service of Evertec offered through Banco Popular de Puerto Rico ("BPPR"). ATH Móvil offers you a service that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to BPPR.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service and be the beneficiary of an ATH Pop Account. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for (i) the minor's use of the Service and (ii) the registration of the minor's ATH Pop Account as the Designated Account. Remember that by activating Mi Banco Alerts through Mi Banco you will receive notifications of the Transfers and will be able to monitor the activity under the ATH Pop Account.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. BPPR, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize BPPR and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card using your credentials from your Mi Banco Online profile. If you are not registered in Mi Banco Online, you can register during the information validation process. Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither BPPR nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-724-3655.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-724-3655. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, the Deposit Accounts Agreement and the Electronic Banking Services Agreement available at https://documents.popular.com/terms/mibanco/terms-conditions-en?redirect=true (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-724-3655 (available 7 days a week, 24 hours a day).
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, we reserve the right to impose charges for the Service at any time upon prior notice.
Service Limitations
BPPR and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither BPPR, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither BPPR, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither BPPR, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-724-3655 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. BPPR, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER BPPR, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. BPPR AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BPPR, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL BPPR, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL BPPR, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BPPR, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither BPPR, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop) ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-835-2480.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-835-2480. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-835-2480.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-835-2480 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-653-3780.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-653-3780. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-653-3780.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-653-3780 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito La Regla de Oro ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-799-3612.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-799-3612. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-799-3612.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-799-3612 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP) ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-622-3055.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-622-3055. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-622-3055.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-622-3055 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito de Adjuntas ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-829-3290.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-829-3290. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-829-3290.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-829-3290 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito La Puertorriqueña ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-750-6555.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-750-6555. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-750-6555.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-750-6555 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito de Rincón ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-823-1515.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-823-1515. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-823-1515.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-823-1515 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito de Aguadilla ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-891-1755.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-891-1755. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-891-1755.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-891-1755 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop) ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-732-4036.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-732-4036. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-732-4036.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-732-4036 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop) ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-735-4131.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-735-4131. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-735-4131.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-735-4131 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito Ana G. Méndez ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-751-0178.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-751-0178. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-751-0178.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-751-0178 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito de Rincón ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-823-1515.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-823-1515. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-823-1515.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-823-1515 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through CooPACA ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-878-2095.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-878-2095. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-878-2095.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-878-2095 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop) ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-857-3500.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-857-3500. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-857-3500.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-857-3500 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito Barrio Quebrada ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-898-7979.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-898-7979. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-898-7979.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-898-7979 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito de Cabo Rojo ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-851-1337.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-851-1337. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-851-1337.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-851-1337 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito Caguas (CaguasCoop) ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-286-8500.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-286-8500. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-286-8500.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-286-8500 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito de Camuy ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-898-4970.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-898-4970. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-898-4970.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-898-4970 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito de Las Piedras ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-733-2821.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-733-2821. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-733-2821.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-733-2821 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Caribe Federal Credit Union ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-474-5151.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-474-5151. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-474-5151.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-474-5151 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA) ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-765-5925.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-765-5925. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-765-5925.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-765-5925 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito Empleados Centro Medico ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-282-7996.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-282-7996. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-282-7996.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-282-7996 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito de Ciales (CIALESCOOP) ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-871-1800.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-871-1800. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-871-1800.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-871-1800 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa Colegio de Ingenieros y Agrimensores ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-751-1248.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-751-1248. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-751-1248.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-751-1248 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop) ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-739-7700.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-739-7700. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-739-7700.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-739-7700 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito Cupey Alto ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-760-2260.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-760-2260. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-760-2260.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-760-2260 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito del Departamento de Agricultura ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-723-1513.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-723-1513. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-723-1513.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-723-1513 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Electro-Coop ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-725-3333.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-725-3333. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-725-3333.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-725-3333 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP) ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-701-5555.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-701-5555. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-701-5555.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-701-5555 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop) ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-751-5050.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-751-5050. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-751-5050.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-751-5050 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito EDECOOP ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-520-7111.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-520-7111. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-520-7111.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-520-7111 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito ISLACOOP ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements:
If you are a minor, you must obtain the permission of your parent or legal guardian to use the Service. If you are the parent or legal guardian authorizing the minor to use the Service, these Terms and Conditions apply to you, and you will be responsible for the minor's use of the Service.
Registration Method. To register for the Service, the first thing you must do is download the ATH Móvil application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps described there. You must ensure that the information you submit for your registration, including your personal information and your Designated Card information, is complete, correct, and consistent with your Designated Account information.
Password and Authentication Factor. As part of registration, you will be asked to choose a Password and a 4-digit code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Telephone). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you can change it through the App. As an additional security measure, we use a system of double factor authentication (also known as 2FA) through which you will be asked to write in the App a validation code as a second authentication factor. To confirm that you are the person requesting access to your Service account, we will send the validation code to the Telephone number. In addition, each time you use the Service from a new device, you will need to authorize your device by sending an email to the email address provided. Coop, Evertec or our representatives will never call you to inquire or request your registration information, validation code, or Password or ask you to change it.
Information Management. In order to register for the Service, it is necessary for you to submit certain personal information, which will include, but not necessarily be limited to, your name, Telephone number, email address and ATH Card number. You may update some of this information during your use of the Service. The handling of your information obtained through the Service will be governed by these Terms and Conditions and by Evertec's Privacy Policy available at www.athmovil.com. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal information registered on the Service updated.
Validation of Registration and Information. You authorize Coop and/or Evertec to confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Card. The information we validate includes, but is not limited to: (1) your Telephone via a code sent to the Telephone number provided, (2) your email address via a code sent to the email address provided, and (3) your ATH Card through 3 electronic transfers (2 debits + 1 credit = $0 total net). Once you have validated your registration and added and validated an ATH Card, you will receive a confirmation email from ATH Móvil, and you will be able to start using the Service immediately.
Your Designated Cards. You may register a maximum of 5 Designated Cards in your Service profile. You should only register those Designated Cards that you are legally authorized to use. If you register multiple Designated Cards, you must designate one of them as the Primary Card.
Make Transfers. You may transfer funds to another user's Designated Account if: (1) the user is enrolled in the Service and (2) you know the user's telephone number. You will be able to see the history of your Transfers and their details through the App.
Make payments. You can use your Designated Card to pay for goods or services at businesses. You will be able to see the history of Payments made and their details through the App. You can send a Payment to a business in the following ways:
| Business' name pATH | pATH | |
|---|---|---|
| Cookies by Ana | /CookiesByAna | |
| Puerto Rico Food Truck | /PRFOODTRUCK | |
| Club Futbol 101 | /clubfutbol101 |
Make Donations. You can send donations through the App to different non-profit entities available in the "Donate" section. Donations made through the Service are non-refundable and will be subject to the other sections of these Terms and Conditions. If you believe you are entitled to a refund of your donation, you should contact the non-profit organization that received the donation directly. We reserve the right to add or remove non-profit entities available on the Service from time to time.
Cancellation of Transfers. Before sending a Transfer, you are responsible for verifying that the telephone number to which you will send it is correct. We are not responsible for any Transfer that is completed by mistake or inadvertence on the part of the user. You may only transfer funds from your Designated Account to users of the Service through their telephone numbers. Therefore, if you transfer funds to a number that is not registered in the Service, the Transfer will remain pending for a term of 7 days and will be canceled at the end of the 7 days, unless during those 7 days the number is registered in the Service, causing the Transfer to be completed automatically. You can cancel a pending Transfer at any time from the Transfer detail in the "Activity" section within the App. If at the end of 7 days the number was not registered in the Service, or if the number is registered in the Service during those 7 days, but you do not have sufficient funds to complete the Transfer, the Transfer will be automatically cancelled.
Business Requests for Payment Refunds. In the event that a business to which you sent a Payment determines that you are entitled to a refund or other adjustment in connection with your purchase, you may receive a credit from the business to the Designated Card you used to make the Payment. If you do not have that Designated Card registered in your ATH Móvil profile, you will receive the refund from the business through the Service on your Primary Card. The business may make one or multiple refunds for each Payment received, up to the full amount originally paid by the user. Neither Coop nor Evertec have control over the products or services provided by businesses registered with ATH Business or that accept payments from ATH Móvil at their point of sale (POS) terminals.
Invalidation or Reversal of Transfers, Payments or Donations. Any Transfer, Payment or donation may be invalidated and debited if, among other reasons, the transaction is rejected or revoked, was sent by error from the Service, was not authorized, or is related to prohibited activities according to the Terms and Conditions or the Existing Contracts (defined below).
Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or on www.athmovil.com under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or when using www.athmovil.com, please contact us at 787-769-0206.
Claims. Any claim related to the Service, your Designated Cards or Primary Card will be handled by our service personnel, by calling at 787-769-0206. Claims will be subject to these Terms and Conditions, and the terms and conditions of your existing agreements with us with respect to Designated Accounts, including, but not limited to, the Deposit Accounts Agreement (the "Existing Agreements"). You can also communicate directly with any business that participates in ATH Business, or that accepts payments from ATH Móvil, regarding any claim related to the merchandise or service received from said business. In any case, we urge you to establish your claim as soon as possible after the Payment has been made.
Availability of the Service
The Service is generally available 24/7, 365 days a year, with the exception of those periods of maintenance to the Service and circumstances beyond our control, or if you are in an area where mobile coverage is limited or access to the Internet is only through a Wi-Fi system. The user could access the Service from abroad to make Transfers, Payments or donations. Accessing the Service from abroad may cause charges that are not applicable to the Service, such as charges by the telephone service provider for roaming or use of mobile networks. These charges may vary depending on the country and the service contracted with the telephone service company. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guidance or as a protection measure against cyber fraud.
Relationship to Other Agreements
By using the Service, you agree and understand that:
Your obligations
Your Information and Designated Accounts. You represent that you are the legal owner of the Designated Cards and other personal and banking information that you provide when registering for the Service. You represent and agree that all information you provide to us in connection with the Service is correct and complete, that you have the right to provide us with such information for the purpose of using the Service, and that you will keep such information up to date. You agree not to misrepresent your identity or information on the Designated Card. You further represent that you are an authorized user of the Telephone that you will use to access the Service.
Security of your ATH Móvil Account. You agree not to give or make available to other people your Password, validation code or other personal or banking information to access the Service. You are responsible for all Transfers you make through the Service. If you authorize other people to use your Password, Telephone validation code or other means to access the Service, you will be responsible for any Transfer, Payment or donation they make. If you believe that your Password, Telephone or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a Transfer has been made without your authorization, you must notify us immediately by calling 787-769-0206.
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited.
In addition, you agree not to use the Service for activities that are related to transactions involving (1) narcotics, steroids, controlled substances, or products that pose a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or firearm parts or accessories or (4) weapons or blades regulated by law.
Applicable Charges. Certain taxes and fees may apply to the use of the Service by your Telephone or Internet service provider, which you would pay directly to it; you should contact your Telephone service provider for details of such charges, if any. In addition, you acknowledge that the Service is a channel available to make Payments, donations, and make or receive money Transfers from person to person or between your accounts. The responsibilities and rights you have regarding charges, taxes or other laws and regulations applicable to banking transactions or payments to merchants will continue to apply to Transfers, Payments and donations made through the Service. There are currently no charges applicable to the Service. However, Evertec reserves the right to impose charges for the Service at any time upon prior notice.
Service Limitations
Coop and/or Evertec may impose controls to mitigate cases of fraud such as limiting the maximum and minimum amount of a Transfer or Payment or the number of Transfers and Payments that you can make and receive each day through the Service. You can see what the applicable limits are in www.athmovil.com under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and performance of the Service depends on many factors, including the location of your Telephone, wireless network availability and signal strength, and the performance and configuration of hardware and software. Neither Coop, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither Coop, nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither Coop, nor Evertec, nor our service providers are responsible for any failure in the Service caused by cyber attacks, fires, earthquakes, floods, hurricanes, or other acts of nature; or any failure or delay of any transportation, power, computer or telecommunications system or for any other cause beyond our control.
Termination of Service
You can terminate your participation in the Service at any time by calling us at 787-769-0206 or by calling the ATH Móvil Service Desk at 787-775-2846. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, suspected fraud, regulatory compliance, your breach of these Terms and Conditions, or your failure to use the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.
Changes in the Terms and Conditions
We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions at any time. Unless you are notified otherwise, all updates, changes, modifications, additions or deletions will take effect immediately when they are announced, which will be done by publishing them on the website www.athmovil.com, in the App, by email or by any other means by which you become aware of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service, as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.
USE OF THE SERVICE IS AT YOUR RISK
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND WWW.ATHMOVIL.COM IS VOLUNTARY AND AT YOUR OWN RISK. THERE ARE FRAUD SCHEMES THAT USE THE SERVICE TO SCAM USERS. YOU SHOULD ONLY SEND PAYMENTS AND TRANSFERS TO BUSINESSES AND PHONE NUMBERS OF PEOPLE YOU KNOW, RESPECTIVELY. COOP, EVERTEC, OR OUR REPRESENTATIVES WILL NEVER CALL YOU AT YOUR TELEPHONE NUMBER TO INQUIRE OR REQUEST YOUR REGISTRY INFORMATION, VALIDATION CODE, OR PASSWORD OR ASK YOU TO CHANGE IT. WE WILL ALSO NOT CONTACT YOU TO ASK YOU TO MAKE A TRANSFER TO AVOID CANCELLATION OF SERVICE OR ANY OTHER REASON.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, VALIDATION CODE, TRANSFERS, DONATIONS OR PAYMENTS YOU HAVE MADE OR AUTHORIZED. NEITHER COOP, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT WWW.ATHMOVIL.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND WWW.ATHMOVIL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR WWW.ATHMOVIL.COM.
NO WARRANTY
THE SERVICE IS PROVIDED "AS IS," AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED. EVERTEC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY REGARDING THE RESULTS THE USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LIABILITY ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE OR WWW.ATHMOVIL.COM. AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP AND ON WWW.ATHMOVIL.COM. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR WWW.ATHMOVIL.COM BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON WWW.ATHMOVIL.COM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER, REGARDLESS OF CAUSE OR DURATION, OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SERVICE OR WWW.ATHMOVIL.COM OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SUCH CLAIM OR EXPENSE ARISED OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND/OR RELEASED FROM LIABILITY.
Copyright and Trademarks
You can use the content delivered through the App and www.athmovil.com only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The website www.athmovil.com contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and others, the property of third parties. The entire content of www.athmovil.com is protected by copyright as a collective work. Evertec may modify, withdraw or deny access to www.athmovil.com at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. Any other trademark or logo that appears in the App or on www.athmovil.com is the property of their respective owners.
Links to Internet Pages
You may find links in the App or on www.athmovil.com to other Internet pages that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on www.athmovil.com that you think is inaccurate or you have questions about a link to a third-party website, please contact us or send us an email.
Content of the Service and of www.athmovil.com
Any opinion, advice, statement, service, offer or other information or content expressed or made available to users in the App or in www.athmovil.com by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop, nor Evertec, nor our agents, nor any third party information provider, guarantees the accuracy, correctness or usefulness of the content for marketing or use suitable for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made in connection with the Service or www.athmovil.com, or made in the App or on www.athmovil.com, by anyone other than one of our employee spokespersons acting in their official capacity.
Entire Contract
These Terms and Conditions and the Existing Agreements constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.
Governing Law and Jurisdiction
These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.
ATH Móvil®
Terms and Conditions of Use
Welcome to the ATH Móvil service (the "Service"). By using the Service you agree to comply with these Terms and Conditions of Use (the "Terms and Conditions"). ATH Móvil is a digital payment and transfer service offered through Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE) ("Coop") that allows you to make and receive Transfers, make Payments and donations, and view the balance of your Designated Account.
This Service is for use by individuals and allows you to send (1) Transfers between your accounts or to your family, friends or other people you know, (2) donations to non-profit organizations registered in ATH BusinessTM, (3) Payments to businesses that participate in ATH Business by selecting the pATH of the business through the App or by scanning the business' QR code (available at the establishment), or by using the business' payment button on its website, and (4) Payments to businesses that have a point of sale (POS) terminal by scanning the business' QR code capable of receiving payments from ATH Móvil users.
At no point should you use the Service to receive transactions that are commercial in nature.
You should read these Terms and Conditions carefully before using the Service, as they constitute a contract between the parties and govern the rights and obligations of the parties with respect to the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed to them below. References to "you" refer to you as a user of the Service. References to "we," "us" and "our" refer to Coop.
Registration and Service Description
Eligibility. To be eligible to register for the Service you must meet the following requirements: