Legal Notice and General Conditions of Use of the Service

[DATE OF PUBLICATION: January 11th, 2022 /LAST AMENDMENT: October 24th, 2024]

1. IDENTITY AND GENERAL INFORMATION

"Gelt Cash Transfer S.L.U." is a Spanish commercial entity domiciled in Madrid, at Pajaritos Street, 24, with tax ID number CIF B-88506191, registered in the Madrid Mercantile Registry in Volume 39747, Folio 128, 1st Entry, Page M-706244 (hereinafter, "SENDITY"). SENDITY is the brand under which the company operates and manages the website domain www.sendity.com (hereinafter, the "Website" or the "Site") and the mobile application "SENDITY" (hereinafter, "the Application"). You can contact SENDITY via the following email address: hola@sendity.com.

"RevoluPAY EP S.L.U." (hereinafter, "RevoluPAY"), is a payment entity authorized and supervised by the Bank of Spain and registered under entity number 6900, belonging to the parent company RevoluGROUP Canada Inc., with registered office at C/ Vallespir, 19, 1st Floor, Sant Cugat del Vallés, Barcelona (Spain), and tax ID number: B-67233817. RevoluPAY provides the money transfer service offered under the Sendity brand through the website www.sendity.com. RevoluPAY EP, S.L.U. is also the owner of the software through which RevoluPAY EP, S.L.U. provides the money transfer service on the www.sendity.com website. You can contact RevoluPAY at the following email address: contact@revolupay.es.

These General Terms of Service Use (hereinafter, the "General Terms of Use" or "General Terms") govern the use of the services provided through the application and the website, either under their current name or any other name they may take in the future.

You can access the legal terms of Sendity’s promotions via this link.

2. USERS

The Service provided through the SENDITY application and website is exclusively directed to adult users. Before registering as a SENDITY User, the User must accept these General Terms of Use. In any case, by accessing and using this Application and Website, the User acknowledges that they have read and accepted these General Terms of Use and agree to comply with all their terms and conditions. Furthermore, the User acknowledges and agrees that access to and use of this Application and/or Website will be subject to the General Terms of Use in effect at the time of access. Additionally, to use the Service and/or register and become a User of SENDITY’s services, you must have previously read and accepted the SENDITY Privacy Policy and provided your free, informed, and active consent for SENDITY to collect, store, and process your personal data.

3. MODIFICATION OF THE TERMS OF SERVICE

SENDITY reserves the right to modify these General Terms of Use at any time, as well as any other general or specific terms that may apply. This change will be notified to its registered Users and updated in the General Terms of Service and the website.

Additionally, SENDITY reserves the right to suspend, interrupt, or cease operating the Application and/or Website at any time.

4. MONEY TRANSFER SERVICE

1.- Operation. RevoluPAY is the provider of the money transfer service offered to customers through the Application or Website (hereinafter "SENDITY Service"). Users can use the SENDITY Service by accessing www.sendity.com through a browser or by downloading the mobile Application. The general terms of the money transfer service provided by RevoluPAY (https://www.revolupay.es/legal) apply to everything not covered in these general terms.

2.- Access to the Sendity Service: Access to the Application and/or Website is restricted to individuals over 18 years of age. Generally, the User can access the Application and/or Website freely and at no cost. The User acknowledges and agrees that access and use of the Application and/or Website occur freely and consciously, under their sole responsibility. SENDITY will not be held responsible for the use made by the User and/or third parties of the Application and/or Website, nor for any damages that may arise from such use.

5. USE OF THE MONEY TRANSFER SERVICE

5.1. Appropriate and lawful use: The User agrees to make appropriate and lawful use of the Application and/or Website in accordance with the applicable legislation.

5.2. Use of the Application or Website: The User must register on the application or Website to use the SENDITY Service. During the registration process, the User must provide real identity data, including a real-time selfie (proof of life) and a valid identity document. Failure to comply with this requirement will result in inadmissibility to the service. All registrations will be verified before and during the provision of the service.

To initiate a money transfer via the Website or Application, Users must provide the following information:

• Sender’s information:
  • National identity document (front and back) in effect.
  • Full name.
  • Email address.
  • Mobile phone number.
  • Postal address.
  • Employment position.
  • Payment information:
    • Card number.
    • Cardholder's name.
    • Expiry date.
    • Security code.
  • Acceptance of the terms and conditions of service.
• Recipient’s information (for bank account transfer):
  • National identity document (front and back) in effect.
  • Full name.
  • Email address.
  • Bank account number.
  • SWIFT code.
• Recipient’s information (for official pick-up location):
  • National identity document (front and back) in effect.
  • Full name.
  • Email address.
  • Bank account number.
  • SWIFT code.
  • City.
  • Postal code.
  • Pick-up point (from a list of available options).

The payment information specified above will not be collected by SENDITY; instead, it will be entered by the User into the payment gateway provided by RevoluPAY, whose details are indicated in the header of the Legal Notice.

Additionally, RevoluPAY may apply enhanced user authentication to issue the money transfer order by requiring the introduction of a second authentication factor.

5.3. Service Fee: The User must pay a commission to Sendity for each money transfer order issued via the Website and/or Application. The commission amount will depend on the destination country, the payment currency, and the delivery method. The User will not need to pay any commission or fees to RevoluPAY, as Sendity already pays RevoluPAY a commission for providing the SENDITY Service to users. The commission fees set by SENDITY for money transfers via the Website and/or Application may vary periodically. The applicable commission amount for each money transfer operation will always be indicated to the User before issuing the money transfer order.

5.4. Secure Payment: When the User makes a money transfer through the Application or Website, the payment process is structured under the security parameters of the Payment Entity, RevoluPAY, in accordance with PCI DSS regulations.

For clarity, the sensitive payment data (card number, cardholder’s name, expiration date, and security code) will be entered by the User into the RevoluPAY payment gateway and will never be in the possession of SENDITY. The personal data collected will only be processed and/or assigned for the expressed purpose and always with the consent of the user or customer initiating the operation.

SENDITY will never be in possession of the funds provided by the User for the execution of the transfer, as they will be directly received by RevoluPAY.

5.5. Complaints or Claims for the Payment Service: The management of payment operations on this website is the responsibility of RevoluPAY.EP SLU, with tax ID B67233817 and domicile at Vallespir,19, 1st Floor M2, Sant Cugat del Vallés (Barcelona), 08174, a company authorized to provide payment services by the Bank of Spain. For any complaints or claims regarding the payment services provided, users may contact Customer Service via email at sac@revolupay.es.

5.6. Rejection of the Transfer: If a money transfer is made through the Application/Website that does not contain all the required data or shows indications of illegality, incomplete or fraudulent requests, or those contrary to Law 10/2010 of April 28, on the Prevention of Money Laundering and Terrorist Financing, will be rejected.

5.7. Registration: If the User registers with SENDITY, their identification data (name and surname, bank card number, etc.) and preferences for future transfers will be stored. The data the User must provide to SENDITY includes the following:

• Full name.
• Email address.
• Mobile phone number.

SENDITY reserves the right to freely accept or reject the User’s registration request. The data entered by the User in the Registration Form must be accurate, current, and truthful at all times. In any case, to enjoy the services offered by SENDITY, the User must read and accept SENDITY’s Privacy Policy and provide free, informed, and active consent for SENDITY to collect, store, and process their data.

5.8. Password: Access and use of the Application or specific areas of the Website for registered Users will be subject to a password assigned to the User by SENDITY upon completing the Registration Form. Access will be deemed made by the User, who will be responsible for such access and use. For security, the password must contain 4 digits. Additionally, for greater security, and in compliance with current regulations, a two-step verification system is used, consisting of sending a code via SMS to the registered mobile device.

The registered User is responsible at all times for safeguarding their password, assuming responsibility for any damages arising from its misuse, as well as from its disclosure or loss. If the password is forgotten or any circumstance arises that implies a risk of unauthorized access, the User must immediately notify SENDITY to block and replace it. Any operations conducted before such communication will be considered executed by the User, who will be responsible and liable for any expenses and/or damages resulting from unauthorized access or use prior to the communication.

5.9.- Cancelation and Refunds. Once a transfer is processed, cancellations or refunds will not be accepted, except in the exceptional cases provided for in this clause. The User has access to a panel in their account where they can check the status of their transfers at any time.

In the event that the transfer does not reach its destination due to an error attributable to RevoluPAY’s banking correspondents or technical problems on the RevoluPAY platform, the transfer will be canceled, and the full amount paid by the User will be refunded. The refund will be made automatically to the same card used to pay for the failed transfer. Under no circumstances will the refund be made to a different card or payment method than the one originally used.

To process any refund, RevoluPAY may require the User to verify their identity by submitting additional documents supporting ownership of the account from which the transfer originated. RevoluPAY reserves the right to withhold the refund until the User’s identity has been satisfactorily verified.

RevoluPAY and SENDITY will not be responsible for the failure to deliver a transfer if the error is attributable to the User at the time of entering the transfer data (for example, incorrect recipient data, incorrect account numbers, etc.). In such cases, RevoluPAY will not proceed with the refund of the amount paid.

Once the transfer cancellation is approved and the corresponding refund is made, the time for the funds to be reflected in the User's account will depend on the processing time of the credit or debit card issuer used. RevoluPAY will not be responsible for delays attributable to the banking entities or payment processors.

The User acknowledges and agrees that under no circumstances will RevoluPAY refund amounts beyond the original value of the failed transfer, nor will they provide compensation for damages or losses resulting from the failure to deliver the transfer. Refunds are strictly limited to the amount paid for the unprocessed transfer.

6. THIRD-PARTY CONTENT

The Application and/or Website provides the User with access to various content, information, and data provided by SENDITY in relation to the Service (hereinafter, the “Content”). SENDITY reserves the right to modify at any time the presentation, configuration, and location of the Application and/or Website, as well as the corresponding access and use conditions. SENDITY does not guarantee that the Content provided through the Application and/or Website will always be correct, complete, or up-to-date. Third-party services offered on SENDITY are the responsibility of their providers, and SENDITY cannot be held responsible for them.

7. USER DUTIES

The User must refrain from:

• Unauthorized or fraudulent use of the Application and/or Website.
• Accessing or attempting to access restricted resources on the Application and/or Website.
• Using the Application and/or Website for illegal purposes, in a manner contrary to these General Terms of Use, in bad faith, or in a way that disrupts public order, or damages the rights and interests of third parties, or that may in any way damage, disable, overload, or impair the normal use or enjoyment of the Application and/or Website.
• Causing damage to the Application and/or Website or to the systems of its providers or third parties.
• Introducing or disseminating viruses or any other physical or logical systems capable of causing damage to the systems of SENDITY, its providers, or third parties.
• Attempting to access, use, and/or manipulate SENDITY’s data, third-party providers, or other users.
• Reproducing, copying, distributing, allowing public access via any public communication method, transforming, or modifying the Content, unless authorized by the holder of the corresponding rights or it is legally permitted.
• Obtaining or attempting to obtain the content by using means or procedures other than those made available for this purpose.
• Using SENDITY and/or RevoluPAY trademarks and/or logos, as well as any element without authorization from SENDITY, RevoluPAY, or RevoluGROUP CANADA INC, as applicable.
• Using the service for purposes other than the remittance of family money transfers, which is the intended purpose of the service.

Violation of the aforementioned duties will result in the termination of the service and the immediate cancellation of the commercial relationship.

The User may only access the Application through authorized means. It is the User's responsibility to ensure that they have downloaded the correct Application to their device. SENDITY will not be responsible if the User does not have a compatible device or has downloaded a version of the Application incompatible with their device.

8. CANCELLATION OR DENIAL OF USER ACCOUNT

SENDITY reserves the right to cancel the account of any User who has misused the Application and/or Website, used it illegally or fraudulently, or violated these General Terms of Use. SENDITY reserves the right to withdraw or deny access to the Website, without prior notice, to users who do not comply with these General Terms of Use or any specific conditions that apply.

9. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS OF THE MONEY TRANSFER SERVICE

The User acknowledges and accepts that all intellectual and industrial property rights over the content and/or any other elements inserted into the Application and/or Website (including, without limitation, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flow diagrams, presentation, audio, and video) belong to SENDITY or RevoluPAY, as applicable.

Regarding RevoluPAY: the RevoluPAY brand, the information, or the elements it contains, including texts, documents, photographs, drawings, graphic representations, databases, software programs, and other distinctive signs, are protected by intellectual or industrial property rights, of which RevoluPAY or its Group companies are legitimate licensees and owners, and their use or distribution beyond the intended purpose of the service is not authorized.

SENDITY grants the User a non-exclusive, non-transferable license to use, view, print, download, and store the content and/or elements inserted into the Application and/or Website solely for personal, private, and non-commercial use, refraining from performing any act of decompilation, reverse engineering, modification, disclosure, or supply.

Any other use or exploitation of any content and/or other elements inserted into the Application and/or Website, other than as expressly provided for herein, will be subject to prior authorization from SENDITY or the remittance companies present in the Application and/or Website.

10. TERMS AND CONDITIONS FOR THE SENDITY MOBILE TOP UP SERVICE

These Terms and Conditions of Use are specific to the Mobile Top Up Service, and the General Terms and Conditions of SENDITY govern all provisions not covered in these specific Terms and Conditions of Use for the Mobile Top Up Service.

For the sake of clarity, all provisions relating to the Legal Notice, Content, Access and License to Use, User Duties, Intellectual Property, Data Protection, Warranties and Liability, Assignment, Notifications, Applicable Law, Third-Party Content, Account Cancellation, and Denial, and other terms and conditions regarding the Mobile Top Up Service are governed by the General Terms and Conditions of SENDITY and apply subsidiarily, where appropriate.

10.1. MOBILE TOP UP SERVICE

Our online mobile phone Top Up service (hereinafter, the “Service” or “Services”) allows you, the User (hereinafter, "you" or "the user"), to Top Up mobile phone balances quickly and easily from anywhere. We offer Top Ups for a wide variety of mobile operators worldwide (you can check the updated list of operators and countries on our Website and/or mobile application). To use our service, simply select the country, mobile operator, and Top Up amount, and complete the online payment process.

By using the Service, you fully accept these Terms and Conditions. If you do not agree with any of these terms and conditions, please do not use this Service.

10.2. USE OF THE SERVICE

You guarantee and commit to using our Service solely for legal and personal purposes.
You guarantee and commit that you will not use the service to engage in fraudulent, illegal activities or actions that may harm or negatively affect our website and/or application or any other person, whether physical or legal.
You are solely responsible for ensuring that the mobile phone number you are recharging is correct and valid.
The service provided by SENDITY is intended exclusively for lawful and legitimate use. By using our services, you agree that any decision you make based on the information provided by our website and/or mobile application is your sole responsibility.
SENDITY is not responsible for any consequence arising from the use of our website and/or mobile application, and the services provided through them, including but not limited to financial losses, property damage, or personal injury.
SENDITY does not guarantee the accuracy, completeness, or timeliness of the information provided on our website and/or mobile application, and reserves the right to modify or remove any content at any time without notice.
You acknowledge and agree that the use of our website and services is at your own risk and responsibility, and you expressly waive any claim or demand against SENDITY, its affiliates, employees, or representatives for any damages or losses you may suffer as a result of using our website, mobile application, and services.
SENDITY will not be responsible for any damage you may cause by using the Service.
SENDITY will not be responsible if, through the use of the Service, you violate the current and applicable legislation in any of its orders.

10.3. PAYMENT AND PRICES

The price of each Top Up depends on the operator and the selected amount, and the final price of the selected Top Up will be updated and visible at the time of contracting the Service on our Website and/or mobile application. SENDITY reserves the right to change prices at any time and without prior notice. Payment will be made through an online platform using the available payment methods. The payment process is secure and confidential.

The User may contract the Service using payment methods such as Visa and/or Mastercard cards (SENDITY will inform on its Website and/or mobile application if these payment methods are expanded or modified at its discretion). To minimize the risk of unauthorized access, your credit card data will be encrypted at the time of payment. Credit cards will be subject to checks and authorizations by the issuing entity, but if such entity does not authorize the payment, SENDITY will not be responsible for any delay or failure in delivery and will not be able to formalize any contract with you. By clicking "Top Up," the User confirms that the credit card is theirs.

We inform you that SENDITY uses E-Merchant Pay (emerchantpay.com) as a payment gateway, which has its own terms of use and legal notice, privacy, and cookie preferences. EMERCHANT PAY is an external collaborator that processes payments made through the Website and/or mobile application and will never know the content of your purchases or your personal information.

10.4. CANCELLATION AND REFUND POLICY

Once the Top Up is processed, cancellations or refunds will not be accepted unless an error occurs during the Top Up process.

The User has a panel in their account where they can check the status of their Top Ups. If the Top Up does not reach the mobile phone due to an operator issue or because an invalid phone number was selected, the Top Up will be canceled, and the amount paid will be automatically refunded to the same card used for payment of the failed Top Up. Under no circumstances will the refund be made to a card other than the one used for the failed Top Up.

For incidents, rejections, and claims, the User can contact SENDITY via hola@sendity.com. The customer service team is available from Monday to Friday from 8:00 to 14:00 (Spain mainland time).

10.5. LIMITATION OF LIABILITY

In no case will we be liable to you or any other person for direct, indirect, special, incidental, consequential, exemplary, or punitive damages, including without limitation, loss of profits, loss of revenue, loss of data, or damage to reputation or business image, even if we have been informed of the possibility of such damages.

10.6. MODIFICATIONS TO TERMS AND CONDITIONS

SENDITY reserves the right to update or modify these terms and conditions at any time without prior notice. We recommend that you review these terms and conditions regularly to stay informed of any changes. If you continue to use our service after any changes to these terms and conditions, it will be deemed that you have accepted such changes.

10.7. TERMINATION OF SERVICE

SENDITY reserves the right to suspend or cancel your access to our service at any time and without prior notice if you breach these terms and conditions or if we believe your conduct may harm our website or other users.

11. PROTECTION OF PERSONAL DATA

The personal data provided by the User, whether registered or unregistered, through the Registration Form and through the use of the Application, Website, and the Service will be processed by SENDITY as the Data Controller, whose address is indicated in the header of this document. SENDITY will not collect, store, or process the User's personal data unless the User has accepted the SENDITY Privacy Policy and has given their active consent.

If you do not accept the Privacy Policy and do not actively consent to SENDITY processing your personal data, you will not be able to become a User of SENDITY's services.

Please read our Privacy Policy (link here) and our Cookie Policy (link here) carefully to stay informed about the personal data that will be collected and processed, the purposes of such processing, and your rights as an interested party, as well as how you can exercise those rights if necessary.

12. EXCLUSION OF WARRANTIES AND LIABILITY

12.1. Website and Application: SENDITY does not guarantee the availability and continuity of the functioning of the Application and/or Website. Therefore, SENDITY will not be liable for any damages that may arise from:

• The lack of availability or accessibility of the Application and/or Website.
• Interruptions in the functioning of the Application and/or Website or computer failures, telephone malfunctions, disconnections, delays, or blocks caused by deficiencies or overloads on telephone lines, data centers, the Internet system, or other electronic systems during their operation.
• Other damages that may be caused by third parties through unauthorized intrusions outside the control of SENDITY.

12.2. Viruses and External Elements: SENDITY does not guarantee the absence of viruses or other external elements introduced by third parties that may cause alterations in the User's physical or logical systems or electronic documents and files stored in their systems. Therefore, SENDITY will not be liable for any damages resulting from the presence of viruses or other elements that may cause alterations in the User's physical or logical systems, electronic documents, or files.

12.3. Protection: SENDITY adopts various protective measures to safeguard the Application and/or Website and its content from cyberattacks by third parties. However, SENDITY does not guarantee that unauthorized third parties will not gain unauthorized, illegal, or unlawful access to the private and confidential data of Users.

12.4. Legal Notice: By accepting these General Terms of Use, the User, whether registered or unregistered, declares that they will hold SENDITY and RevoluPAY harmless, along with their parent companies, other group companies, directors, partners, employees, attorneys, and agents, from any claim arising from:

• The User's breach of any provision contained in these General Terms of Use or any applicable law or regulation.
• The breach or violation of third-party rights.
• The unauthorized use of the Application and/or Website.

12.5. Intermediary: SENDITY and RevoluPAY provide the User with an intermediary Service between remittance providers and the User. SENDITY and RevoluPAY will not evaluate the quality, suitability, or capacity of the remittance services offered by a third-party remittance provider. The User releases and exonerates SENDITY and RevoluPAY from any obligations, claims, or damages arising from the quality, suitability, or capacity of services offered by remittance providers.

13. NOTIFICATIONS

SENDITY may make notifications to the User through a general notification or specific communication in the Application and/or Website, via the email address provided by the User in the Registration Form if they are a registered User, and/or, if required, by ordinary mail to the address provided by the User in the Registration Form. The User may notify SENDITY by sending an email to hola@sendity.com.

14. ASSIGNMENT

The User may not assign their rights and obligations arising from these General Terms of Use without the prior written consent of SENDITY. SENDITY may assign these General Terms of Use, without needing to obtain prior consent from the User, to any entity within its group of companies worldwide, as well as to any person or entity that succeeds SENDITY in exercising its business by any means.

15. SEVERABILITY

If any clause of these General Terms of Use is declared totally or partially null and void or unenforceable, this will only affect the clause or part of the clause that is null and void or unenforceable.

16. APPLICABLE LAW AND JURISDICTION

These General Terms of Use, as well as the relationship between SENDITY and the User, will be governed and interpreted according to Spanish law. Except in cases where a specific jurisdiction is imperatively required by law, the parties agree to submit to the exclusive jurisdiction of the courts and tribunals of Madrid for the resolution of any dispute related to these General Terms of Use or the relationship between them.

17. PROMOTIONS

To learn about the specific terms and conditions of active promotions, click here.

18. CONTACT

For any questions or issues related to these Terms of Use or the Legal Notice, you can contact SENDITY at the following physical and electronic addresses:

SENDITY “Gelt Cash Transfer S.L.U.”, C/ Pajaritos, 24 – Madrid, Spain, or via email at hola@sendity.com.