Terms and conditions
INTRODUCTION
AETHER PLAY S.A.C. offers payment processing services. These services can be performed using various payment methods such as bank cards, alternative methods, and cash.
This agreement on terms and conditions of use (hereinafter, the “Agreement”) regulates the relationship between AETHER PLAY S.A.C. (hereinafter, ‘AETHER’) and the merchants who contract its services. “Merchant” shall be understood to mean any natural or legal person who signs this Agreement and contracts the services of Aether.
By accepting this Agreement, merchants declare that they have the legal capacity to contract on their own behalf or on behalf of a legal entity. If you do not agree with the terms and conditions, please refrain from using the services.
SCOPE AND MODIFICATION OF SERVICES
Aether’s services may be modified at any time. Such modifications shall take effect immediately upon publication on the website or notification by other means. The Merchant shall have a period of 30 calendar days to accept or reject the modifications. In case of rejection, the contract shall be terminated without compensation.
AETHER SERVICES
AETHER offers payment processing services, including collection, payment, and distribution of funds. These services can be performed using various payment methods such as bank cards, prepaid cards, alternative methods, and cash. The characteristics are as follows:
• Fund Dispersal (PAYOUT): By which the CLIENT agrees to send sufficient funds to the accounts authorized by AETHER for the dispersal of funds in the agreed time and manner. AETHER keeps these funds separate from other interests and does not use them for its own purposes.
• Payment Collection (PAYIN): AETHER will implement a payment solution platform in the sales channels authorized by the CLIENT, allowing its consumers to pay for goods and/or services. AETHER confirms and reports these transactions to the CLIENT.
MERCHANT REGISTRATION AND FUND TRANSFER
To use the services, the Merchant must complete the registration process with accurate, verifiable information. Aether may reject incomplete, false, or suspicious registrations. In addition, it may require additional documentation for fraud prevention and commercial validation purposes.
Payments shall be made monthly on the date agreed upon in the contract and shall follow the conditions stipulated therein.
FEES AND PAYMENTS
The CLIENT shall pay AETHER the agreed fees for the services provided. These payments shall be made by bank transfer to the accounts specified by AETHER.
PRIVACY AND PERSONAL DATA
AETHER will provide a Personal Data Privacy Policy and will process the CLIENT’s personal data in accordance with the Personal Data Protection Law, Law No. 29733, and its regulations. The data will be used solely for contractual purposes and will not be shared with third parties without the CLIENT’s consent, except in cases of legal obligation.
CONFIDENTIALITY
AETHER and the CLIENT shall maintain the confidentiality of the information exchanged and comply with the provisions of our Personal Data Protection Policy and applicable laws.
CYBER THREATS
The CLIENT acknowledges the risks inherent in the transmission of information by electronic means and accepts that AETHER shall not be liable for any loss or damage resulting from cyber attacks, malware, phishing, or other security threats, provided that AETHER has taken reasonable measures to protect the information.CONFIDENTIALITY
AETHER and the CLIENT shall maintain the confidentiality of the information exchanged and comply with the provisions of our Personal Data Protection Policy and applicable laws.
COMMUNICATIONS
All notifications, requests, and communications between the Parties shall be sent in writing to the addresses and email addresses provided in the contract. The parties shall keep this information up to date and notify any changes at least 20 business days in advance.
APPLICABLE LAW AND JURISDICTION
For the interpretation, execution, and enforcement of this document, the parties agree that the laws in force within the Peruvian regulatory framework shall apply. They expressly waive any other jurisdiction that may correspond to them due to their current or future addresses or for any other reason. This is established in accordance with the provisions of the Commercial Code and other applicable commercial regulations.
CONFLICT RESOLUTION
Any dispute arising in connection with these Terms and Conditions shall be resolved through arbitration administered by the Lima Chamber of Commerce.
MODIFICATIONS
AETHER reserves the right to modify these Terms and Conditions, notifying the CLIENT at least 30 days in advance.
TERM
These Terms and Conditions are valid indefinitely from the date of the CUSTOMER’s activation.
TERMINATION OF SERVICE
AETHER may terminate the service in the event of a breach of the Terms and Conditions by the CUSTOMER, upon written notice.
