Olipay invites the User to make use of its digital platform and informs, in this Term of Use, the conditions, obligations and responsibilities that regulate access to the Olipay platform. The User must read this document before accessing the Olipay platform, since its use or access implies full acceptance of all the terms and obligations set forth in this Term of Use, subjecting the User to all the obligations and responsibilities set forth therein.
1.1. For the purposes of this Term of Use, the following are considered:
Data Authenticator: a third-party company that provides personal and bank data authentication services to generate reports that are then used in the credit analysis of its users.
Partner Financial Institution: any of the financial institutions or direct lenders authorized by the Central Bank of Brazil for which OliPAY provides banking correspondent services, especially and individually for QI SOCIEDADE DE CRÉDITO DIRETO S.A., a direct lender authorized by the Central Bank of Brazil, registered with CNPJ under number 32.402.502/0001-35, headquartered at Avenida Brigadeiro Faria Lima, no 2.391, 1o andar, conjunto 12, Sala A, Jardim Paulistano, city of São Paulo, State of São Paulo, CEP 01452-000 (from this point on "QI").
Payment method: credit card, debit card, automatic debit in current account, bank slip, bank transfer, PIX and / or any other payment method accepted by the Partner Financial Institution or QI.
Olipay: Grana Pagamentos Mobile LTDA (“Olipay”), CNPJ nº 29.593.185 / 0001-77, headquartered at Rua Vergueiro 3406, cj.32 in the city of São Paulo and state of São Paulo, CEP 04102-001.
Participants: individuals who may purchase Bank Credit Notes (“CCBs”) issued in their favor by Users from a Partner Financial Institution or QI.
Olipay platform: the electronic domain olipay.com.br and the Olipay application, as well as all the resources and tools related to it, in addition to other domains that use the Olipay brand in an authorized manner.
User: all individuals using the Olipay platform.
2.1. Through the Olipay platform, the User will have access to certain services and products in the financial market and to the Means of Payment, especially the credit granting service, provided by a Partner Financial Institution.
2.2. The User will not need to open a current account with a Partner Financial Institution in order to be able to borrow through the Olipay platform.
2.3. The User interested in taking out a loan must inform his interest, specifying, among the options offered by the Olipay platform, the amount, term and payment conditions. Then, the User must provide the personal information requested by the Olipay platform, which, together with information from public and private databases, will serve as a basis for the analysis of the User's credit risk.
2.3.1. The User may be required to inform, among other personal information, the data relating to his bank accounts opened at financial institutions, such as, but not limited to, the bank institution data, bank branch number, account number , password for online access of the banking institution, as well as data on financing taken with financial institutions, information about FGTS and any other data on current accounts, investment accounts and savings accounts of the User. In this case, the Olipay platform will use the services of a Data Authenticator, whose encryption algorithm guarantees the confidentiality and security of the data disclosed by the User, in view of the use of SSL (Secure Socket Layer) protocol.
126.96.36.199. Olipay, the Partner Financial Institution and its employees will not have access to the access data to the User's bank accounts, which will be processed directly by the Data Authenticator system to generate the User's financial status reports.
188.8.131.52. The data referred to in Item 2.3.1 will be used solely and exclusively for the purpose of viewing bank statements and corresponding analysis of the User's credit risk through access to their personal financial information generated by the Data Authenticator system.
184.108.40.206. Olipay, the Financial Institution Partnership, the Data Authenticator or any other third party involved in the process of credit assessment and granting the loan to the User will not operate or in any way interfere with the bank accounts and assets of the User, having to observe strictly the provisions of this Term of Use.
2.3.2. The User who wishes to obtain a credit proposal with a Partner Financial Institution through the Olipay Platform hereby authorizes and undertakes to sign any additional documents necessary to formalize the authorization for (i) the Partner Financial Institution's access to information related to it and which are part of the Central Bank's Credit Information System (“SCR”), credit protection agencies, public and private databases, internet banking systems whose data was provided by the User under the terms of Item 2.3 .1 and other queries to the relevant information or any other sources that may assist in the definition of the User's credit risk; (ii) the sharing of information collected by the Partner Financial Institution with Olipay and the Participants, as provided for in Item 2.4 and (iii) the execution of Know Your Client (“KYC”) and Anti Money Laundering (“AML”) procedures when necessary or appropriate.
2.3.4. The User agrees that, in the event of a refusal of the request for granting credit made through the Olipay Platform, Olipay may share the User data provided for in Item 2.3.3 with partners specialized in granting credit. a proposal for granting credit in favor of the User. Olipay will inform the User through the Olipay Platform when it performs any data sharing under the terms of this Item 2.3.4.
2.3.5. The User is aware that he may have free access to this data at any time. If the data is not correct or if it does not correspond to the truth, the User is aware that he / she can request its update, rectification, modification or cancellation, free of charge, upon written request sent to Olipay at Rua Vergueiro 3406, São Paulo / SP, CEP 04102-001.
2.3.6. The User is fully responsible for the accuracy and veracity of the data reported, being aware and fully agreeing that any divergences and / or inconsistencies in these data may affect the granting of credit, which may prevent access to all or to some of the services offered by Olipay on its websites, as a security measure.
2.4. The information provided for in Item 2.3 and / or the result of the User's credit analysis may be shared between the Partner Financial Institution, Olipay and / or with third parties who need access to such information, whenever such action is necessary for the assessment credit risk and / or fraud risk of the User, for the granting and / or collection of the loan.
2.5. The Partner Financial Institution, assisted by Olipay, will carry out an assessment of the User's credit risk, based on the information provided and / or obtained by the Partner Financial Institution and by Olipay.
2.6. Based on the credit assessment made by Olipay, the User - if his credit is pre-approved - will receive a summary of his loan conditions, containing, as the case may be: (i) principal amount; (ii) registration fee amount; (iii) the value of the remuneration of the Olipay Platform, (iv) the value of the Tax on Financial Operations (“IOF”); (v) number of monthly installments; (vi) maturity date of the monthly installments; (vii) value of monthly installments; (viii) interest rate on the loan; (ix) Total Effective Cost of the Loan (“CET”); and (x) options for the payment of monthly installments, through Means of Payment.
2.7. If the user accepts the conditions of the pre-approved credit, the User must fill in personal data such as bank details and home address, indicate the Payment Method chosen to pay the monthly installments, as well as upload a digitalized copy of (i) your identification document (RG, CNH or RNE), (ii) frontal photo of the face itself; and (iii) proof of home address, when necessary. Finally, if all the information provided by the User is considered valid, the User must digitally sign the CCBs representing the pre-approved credit, which will be issued in favor of the Partner Financial Institution and formalize the conditions provided for in Item 2.6.
2.7.1. The User authorizes the issuance of one or more CCBs for each loan - all of which are necessarily the same as those digitally signed by him. There will be no limit on the number of CCBs issued for each loan, however, in any case, the set of CCBs issued on each loan will never exceed the total amount approved by the Partner Financial Institution and digitally accepted by the User. Thus, the general conditions of the loan will necessarily be maintained, even if it is formalized and represented by more than one CCB.
2.7.2. The Partner Financial Institution may issue more than one CCB for each loan, considering that this measure facilitates the acquisition of CCBs by Participants, reduces the risk of those who acquire CCBs and, ultimately, optimizes the loan granting process to the User.
2.8. Compliance with the conditions imposed by Item 2.7 does not mean that the User has had his loan approved and / or that he will receive the loan amount immediately. The CCBs' digital signature only means that the User's credit profile has been approved and that he confirms his willingness to take the loan that would be formalized by the respective CCBs. Compliance with the conditions provided for in Item 2.7 therefore represents a pre-authorization from the User for the granting of a loan under the conditions set out in the CCBs, with the granting of the loan and the effectiveness of the digitally signed CCBs conditioned to the registration approval of the User by the Financial Institution. Partner.
2.9. The CCBs issued are foreseen to have a suspensive condition - consisting of the registration approval of the User by the Partner Financial Institution and consistency of bank details for receiving the loan amount -, which must be satisfied within 2 (two) days. After this period, if the said suspensive condition has not been implemented, the CCBs will be automatically extinguished and canceled. In this case, the User must request the loan again, which may - depending on the credit market - be subject to new conditions, more beneficial or not. The User declares to be aware that the cancellation of one or more CCBs already digitally signed by him, will not give rise to the right to indemnity, application of any type of penalty and / or the like.
2.9.1. In case of extinction and cancellation of CCBs due to inconsistent bank details, as provided in Item 2.9, the User may correct his bank details contained in the Olipay Platform and request the issuance of the CCB (s) again.
2.10. In the event of the loan being made effective, the User will receive the financial resources corresponding to the CCBs in a bank account owned by the User and / or in a bank account held by a third party, at the User's account and order, as indicated in his registration performed by the Platform Olipay.
2.10.1. The financial resources will be deposited in the form provided for in Item 2.10 already liquid, as the case may be, (i) from the IOF, (ii) from the registration fee, (iii) from the remuneration of the Olipay Platform, (iv) from any amounts deposited to third parties to the User's account and order and (iv) any open loan amounts previously requested by the User on the Olipay Platform.
2.11. The User does not oppose and will not oppose the assignment and / or endorsement, to the Participants, of the CCBs that it may issue initially in favor of the Partner Financial Institution. The User will be notified of the endorsement or assignment of credit from the CCBs that he issued to one or more Participants - without, however, becoming aware of the Participants' identity. The notification to the User, under the terms described above, will be carried out by Olipay, through push notification, pop up, e-mail, notification in the specific and personal area assigned to Users on the Olipay Platform and / or through any type of correspondence sent to the Including through bank slips for the User.
2.11.1. Olipay has the right, on behalf of the Partner Financial Institution and / or of the Participants, as the case may be, to enroll the User in credit protection agencies, in case the user becomes in default as to the payment of the loan, ceasing this right only when the User has paid off the loan in full. The user's denial to the credit agencies may be made at any time when the User's default is configured.
2.11.2. Olipay may exercise the prerogative of sub-item 2.11.1, regardless of the assignment and / or endorsement of CCBs to third parties.
2.12. THE USER CANNOT EXCLUDE HIS ACCOUNT ON THE Olipay PLATFORM UNTIL THE LOAN GRANTED BY THE Olipay PLATFORM HAS BEEN PAID IN FULL. HOWEVER, IF THE USER WILL EXCLUDE HIS ACCOUNT - WHETHER BY ITS OWN INITIATIVE, JUDICIAL DETERMINATION OR SYSTEM ERROR - WILL CONTINUE TO NORMAL PAYMENT OF THE BALANCE AND CHARGES OF HIS LIABILITY.
2.13. The right of Olipay to retain the information, data of Users and / or loans granted to them, whose maintenance is imposed on Olipay due to contractual, legal, administrative, regulatory and internal policy norms, or, whose maintenance necessary to comply with a judicial or administrative order. Said information may be maintained by Olipay, even when deleting the User's account on the Olipay Platform.
3.1. By the license to use the Olipay Platform, as well as by the credit assessment services and intermediation of credit requests between the User and a Partner Financial Institution through the Olipay Platform, the User agrees to pay Olipay a percentage of the value of the (s) CCB (s) actually issued (“Olipay Platform Remuneration”) which will be specified on the Olipay Platform before the loan transaction is completed for the User to express their consent. Once the operation has been completed, the remuneration of the Olipay Platform will be charged to the User in the form of Items 2.6 and 2.10 above.
3.2. Without prejudice to the obligation to pay all the amounts provided for in the CCB, the User authorizes the Partner Financial Institution to deduct the amount equivalent to the Olipay Platform Remuneration, as well as any amounts of taxes levied on the Olipay Platform Remuneration, from the amounts to be paid. effectively passed on to the User and / or to the third party indicated by the User, as the case may be, on behalf of the User and at the User's request.
4.1. The User is responsible for the accuracy and veracity of the information provided to Olipay, aware that the inconsistency, fraud, deception or simulation may result in an error in the User's credit assessment by Olipay and / or Partner Financial Institution, with the consequent responsibility of the User , including for civil and criminal purposes.
4.1.1. The User undertakes not to inform the Olipay Platform of any other CPF number or other personal data other than his own, declaring to be aware that any breach of this obligation will characterize an ideological falsehood, subject to criminal sanctions, without prejudice to any indemnity that Olipay may be entitled due to the misuse of the Olipay Platform.
4.2. The credit profile and the information used for its preparation may be shared with the Partner Financial Institution and / or third parties who need access to such information in order to complete the loan operation or comply with rules that apply to it, such as bodies regulators, compensation services, User profile and fraud risk assessment services, among others that may be necessary during the process of granting credit to the User.
The User is solely responsible for:
for any and all acts or omissions incurred by him from his access to the Olipay Platform;
for granting powers of attorney in favor of Olipay so that digitally signed documents can be physically signed, if applicable, by Olipay on their behalf;
for guarding and using the combination of access and login passwords - necessary to access the restricted content of the Olipay Platform -, which are personal and non-transferable, the User being fully responsible for their guard, secrecy and good use; making Olipay responsible for the improper use of the password and login by third parties;
for the veracity, accuracy, completeness and precision of any and all information provided to Olipay, committing itself to using only its own personal data;
for the repair of any and all damages, direct or indirect (including arising from the violation of any rights of other Users, third parties, including intellectual property, confidentiality and personality rights), that are caused to Olipay, at any another User, or even to any third party, including due to non-compliance with the provisions of this Term of Use or due to any act practiced through access to the Olipay Platform; and
for keeping your computer safe, using tools such as antivirus, firewall, among others, thus contributing to the prevention of electronic risks.
In no event will Olipay be responsible for:
for any act or omission incurred and / or damage caused by the User due to his access to the Olipay Platform;
the misuse of the Olipay Platform by any User or third parties, as well as the content uploaded, sent and / or transmitted to the Olipay Platform by the User; and / or
for system failures, technical impossibilities or unavailability.
4.5. The User declares to be aware that any and all content sent and / or transmitted to the Olipay Platform by any User and / or third parties does not represent, in any way, the opinion or vision of Olipay.
5.1. The logo, images, texts, name, electronic domain, in addition to any and all advertising expression or distinctive sign of Olipay, present on the Olipay Platform are protected by copyright or other intellectual property rights owned by Olipay, and cannot be used , by any means or form, by Users without prior and express authorization from Olipay.
6.1. Any tolerance by Olipay as to the non-compliance with any of the provisions of this Term of Use by the User or third party does not constitute a renewal of the obligations established in this Term of Use, nor does it constitute a waiver of the right to demand compliance with the obligation, at any time.
6.2. Right after the completion of the loan, the User will receive digital copies of all signed documents, which will be sent to the email address informed by the User at the time of registration on the Olipay Platform.
6.3. The User acknowledges that Olipay will be a legitimate party to collect and receive monthly payments related to the payment of the loan installments, so that any and all communication, questioning, doubts or relationships of the User regarding the loan will be carried out exclusively through Olipay (and not directly with the Partner Financial Institution).
6.4. Olipay informs the User that it is taking all necessary steps to adapt its structure, practices and policies to the General Data Protection Law (LGPD) - Law No. 13.853 / 2019.