Termos e Condições

BEAM MEMBERSHIP TERMS AND CONDITIONS

The Beam solution can be installed either in your physical store or in your online store. Here you will find the Beam Membership Terms and Conditions applicable to these two types of store. The Partner must comply with the Beam Subscription Terms and Conditions according to the type of store, or stores, for which, or for which, they have contracted Beam services. The Terms and Conditions of Membership for each type of store are set out below.


TERMS AND CONDITIONS OF MEMBERSHIP TO BEAM ONLINE STORE

1. Welcome to Beam for physical store

These are the Terms and Conditions of Adhesion of the relationship between Beam and the Partner who is dedicated to commerce in a physical store (hereinafter in this part just “Partner”).

The Membership Terms and Conditions come into force from 02/17/2024, applying to all people, natural or legal, who are Beam’s commercial partners in the physical store aspect.

To be able to use Beam to receive payments for goods or services sold in your physical store, the Partner must have a Beam account and agree with the content of this subscription.

By opening and using your Beam account, the Partner agrees to comply with these Membership Terms and Conditions, as well as the other rules provided for those using the Beam app and website. As such, you must carefully read all documents presented to you.

We will occasionally review the Membership Terms and Conditions and other documents. When this happens, the revised version will come into force on the date of its publication.

By continuing to use our services from that date onwards, you will be agreeing to the changes and being bound by them. If you do not want to agree, you must close your account before the changes take effect.


2. About Beam

Beam is a marketing, payments and other services platform. You can find more information about Beam on our websites.


3. Definitions

a) Beam: is the Beam platform, application or services, or GBC SA, or our affiliates, or anyone working for us or these entities, or who is authorized to act on behalf of Beam or these entities ;

B) Partner:is the natural or legal person who intends to use Beam in their physical store, in the exercise of their professional commercial activity;

w) Beam User:is the Partner’s customer, who uses Beam to purchase goods and/or services;

d) Beam platform or app:is a Beam-branded mobile payments solution, aimed at Beam users, that allows payment execution of transactions using a closed loop authentication method. At the same time, it is a marketing platform for Partners through which Partners can promote their products and services through the use of Beam services, as may be developed by Beam or an affiliate;

It is) Beam Incentive System:is the system through which the Partner provides, as credit in the Beam user’s virtual wallet, part of the final value of the transaction carried out by the latter, using Beam, at their establishment;

f) Virtual Wallet:is the digital wallet of each Beam user, which allows you to store money, coming from cashback on transactions carried out, or directly transferred from bank accounts and making payments through Beam;

g) Cashback:is the percentage credit made available, by the Partner, via the Beam incentive system, to the Beam user’s virtual wallet and which the user can use in any future transaction;

H) Regularizations:is the amount credited to the Partner, by Beam, in relation to transactions carried out by Beam users at the Partner’s physical establishment;

i) Business Portal: is the interface on the Beam website, made available to the Partner, for them to access Beam services;

j) API Key: this is the Beam app programming interface key;

k) Beam Account: is the account opened by the Beam user, which allows him or her to use Beam services;

l) Beam Compensation: are the charges and commissions applicable to the Partner for providing Beam services;

m) Agreement: is the convention celebrated between Beam and the Partner, materialized in these Terms and Conditions of Adhesion;

n) Beam Terminal: is any point-of-sale terminal software or hardware that Beam provides to the Partner, related to the implementation of Beam;

o) Beam Services: this is the possibility for Beam users to carry out transactions with the Partner using the Beam app and/or for the Partner to acquire, maintain or recover Beam users;

p) Beam Transaction: any transaction made by a Beam user, which includes the purchase, through Beam, of goods or services from the Partner;

q)Beam user information: is any personal information related toom a Beam user, including name, address, telephone contact, email address and authorized payment coordinates;

r) Payment Channels: any channel and source of payment financing to which Beam users’ Beam account is linked;

s) POS System: is the technological system used by the Partner to execute Beam transactions by Beam users;

t) Purchase: is the use of Beam services, by Beam users, to purchase goods and services from the Partner;

u) Payment for purchases: is the amount in euros payable to the Partner, by Beam, during the period of regularization of the purchase of goods and services by Beam users, excluding applicable Beam charges;

v) Membership form: this is the form on the Beam website, which the Partner fills in with their personal and activity data, among others, for the purpose of contracting and using Beam services.


4. Object and Advantages

These Terms and Conditions of Adhesion aim to define the conditions for adhesion, by the Partner, to this proposal for the provision of marketing services and access to secure transactions through the Beam platform, namely the provision, by Beam, of access to the Partner with Beam and its incentive system, with the inherent advantages, in your physical store.

By installing Beam equipment, using and operating transactions through Beam, the Partner now has, free of charge, access to its exclusive business portal, which allows it to learn about the preferences and consumption behaviors of Beam users who, through platform, carried out transactions at your establishment and gives you the ability to launch and manage your own promotional campaigns, aimed at attracting and retaining customers.

Thanks to the information collected and by agreement between the parties, Beam will make available to the Partner proposals for targeted marketing campaigns, such as cashback, incentives, vouchers and promotional codes, which the Partner can adopt and adjust to the preferences of Beam users, becoming the most effective and allowing you to capture, maintain, recover and build customer loyalty.

In addition, whenever Beam users pay for transactions using exclusively the balance in their virtual wallet, the Partner is exempt from paying any bank fees.


5. Incentive system

By joining Beam, the Partner begins to participate in the Beam incentive system, being obliged to grant the Beam user, for each transaction carried out through Beam in their establishment, cashback in the minimum amount corresponding to the percentage of the product price or service indicated by the Partner in the membership form on the Beam website.

The Partner may increase the percentage associated with cashback, particularly within the scope of marketing campaigns it intends to carry out.

Cashback is made available by the Partner to Beam, which will credit the respective amount to the Beam user’s account, deducted from the compensation for the services provided.


6. Regularizations

In order to continue to guarantee the lowest bank rates, once payment has been received from the Beam user, Beam will settle the credit of the amounts due with the Partner:

a) On the following business day, for transactions whose amount is equal to or greater than €100.00;

b) Weekly, for transactions whose value is less than €100.00.

Beamwill carry out the regularization by means of bank transfer, to the bank account with the IBAN and SWIFT code indicated by the Partner. The amount to be credited to the Partner will then be deducted by the amount corresponding to the cashback granted, which includes Beam compensation.


7. Requirements

Beam transactions must be processed by the Partner in euros (€). However, Beam may authorize Beam transactions to be settled in other currencies, provided this is requested and authorized in writing.

Beam reserves the right to request that the processing of Beam transactions be carried out in foreign currencies, accordingly the Partner agrees to adhere to any instructions issued by Beam relating to Beam transactions in foreign currencies.

The Partner is obliged to keep records of Beam transactions for at least 12 months from the date of delivery of goods and services related to Beam transactions. This obligation remains until 12 months after the eventual end of the agreement.

Upon Beam’s request, Partner will provide, as soon as practicable, a readable copy of any record relating to Beam transactions.

The Beam terminal and equipment are capable of issuing a daily report with all Beam transactions carried out on each Beam terminal and equipment.


8. Acceptance of Beam Services

Partner represents that it accepts Beam transactions and services from Beam users for the purchase of Partner’s goods and services.

Partner agrees that any applicable credits, vouchers or promotional offers for Beam users, as set out in the agreement, will be redeemable by Partner for an amount equivalent to the face value of the relevant credits, vouchers or promotional offers.

The Partner agrees not to redeem in cash or equivalent any relevant credits, vouchers or offers to Beam users.


9. Payment

For the purposes of this section, “transaction date” means an electronic statement (accessible through the business portal) that reveals the authorization code for any Beam transaction that is subject to payment for purchases.

Payments for purchases will be made by transfer to the bank account indicated in writing by the Partner, with such payments being made by Beam.

At Beam’s option, payments for purchases may, alternatively, be made by clearing through the Beam platform.

In any case, Beam charges will be settled as established in these Membership Terms and Conditions.

Compensation for services provided by Beam cannot be less than 25% of the cashback, discount or benefit granted by the Partner to the Beam user.

Simultaneously with the regularization of purchase payments through the Beam portal, Beam will make information about transactions available to the Partner.

The Partner must, within 7 working days from the date on which the transaction data is made available to the Partner, verify the purchase payments and if the Partner wishes to dispute the transaction data or purchase payments, notify Beam in writing (notice of dispute).

If Beam does not receive the dispute notification within the aforementioned period, the purchase transaction and payment data will be considered irrevocably accepted by the Partner.

If a notice of dispute is issued, the parties shall make every effort to amicably resolve any dispute and if the dispute cannot be resolved amicably, it will be subject to the resolution procedures specified in these Terms and Conditions of Membership.

Beam will notify Partner in writing of any overpayment it has incurred (overpayment notification).

If you wish to contest, the Partner must do so in writing, within 7 working days from the date of receipt of the overpayment notification.

If the Partner does not dispute within this period, Beam may reverse or seek to reverse through the Beam portal the excess payment through a debit or offset against future payments due for purchase payments.

Payments for purchases to be made to the Partner include all applicable tax charges, and Beam does not have to bear any other tax charges relating to the transactions.


10. Data

The Partner will keep its API key in a secure location, only accessible to selected employees, committing not to share the API key with third parties.

The Partner declares that it will maintain appropriate security procedures to control access to confidential information of Beam users.

It also declares that it will only process and access any information relating to the personal data of Beam users in accordance with the applicable rules of law, namely the General Data Protection Regulation (Regulation EU 2016/679, of the European Parliament and of the Council , of April 27, 2016) and the Personal Data Protection Law (Law no. 58/2019, of August 8).

The Partner confirms that, if applicable:

a) It will protect, by means of a password, access to any information relating to Beam users held on the internet or other media, reserving said password only for selected employees;

b) You will not request, use and store any information relating to Beam users for purposes unrelated to Beam transactions, or that you know to be fraudulent;

c) You will not provide information about Beam users to third parties, except when requested by Beam, nor will you buy, sell or exchange information about Beam users in any way;

d) Keep, in a secure place and only accessible to selected employees, records containing information about Beam users;

e) You will not request or retain the personal identification number, for any reason or reason, from a Beam user.

Beam confirms that it will not have access to data held at the Partner’s POS, except for that which, by mutual agreement, is provided by the Partner for the sole purpose of processing transactions relating to the provision of Beam services.

Beam will adopt all necessary legal measures to safeguard personal data, personal identification and any information of the Partner and Beam users, through physical, electronic and operational policies and practices, with all data and information considered confidential and not shareable with the 3rd.


11. Invalid Transactions

A Beam transaction is invalid when:

a) It is illegal or prohibited under any legal provision;

b) Beam or the organization responsible for the payment channel refuses to authorize the Beam transaction, regardless of the reason;

c) The Partner knows that the Beam transaction is not being carried out by the Beam user himself;

d) The Partner is in breach of the agreement;

The Partner undertakes to compensate Beam for any losses it incurs as a result of an invalid transaction attributable to the Partner.

Without prejudice to the aforementioned obligation, the Partner agrees that it will directly reimburse the Beam user within 7 days of the refund request presented by the Beam user, or by Beam:

a) For amounts and charges that exceed the amount due for the goods or services provided;

b) For amounts and charges charged due to error, negligence or for the supply of goods or services that were not provided within the agreed period;

c) For amounts and charges charged incorrectly or fraudulently through the use of the Partner’s API key, without the consent of Beam and the Partner.


12. Beam Bonds

Beam is obliged to:

a) Install and configure Beam equipment at the Partner’s establishment within a maximum period of thirty days from the Partner’s adhesion to these Terms and Conditions of Adhesion, allowing Beam users to use Beam to carry out secure transactions at that establishment, not being able to Beam be held responsible for any losses arising from the insufficient quality of the connection to the internet network there;

B) Enable the Partner’s workers and collaborators with training in operating Beam equipment and accepting payments through Beam, as well as explaining its operation and benefits to customers, within the period referred to in the previous paragraph;

c) Publish, on the Beam platform, for the knowledge of all Beam users, information about the Partner’s business and establishment, namely its purpose, description, photographs, contacts, opening hours, website, location on the map and comments;

d) Make available to the Partner, on its exclusive business portal, general information about the commercial behavior of Beam users, thus enhancing the increase in transactions and the dissemination, promotion and advertising of the Partner’s business, without prejudice to the legal standards in force in matters of data protection;

e) Ensure that payment for transactions carried out at the Partner’s establishment, exclusively using the balance in the Beam user’s virtual wallet, is not subject to the payment of any fees.


13. Partner Obligations

The Partner is obliged to:

a) Guarantee access and technical conditions for Beam to install, configure and maintain Beam equipment in its establishment, and must bear the respective cost, refraining from carrying out, by its own means, any tampering or repairs to these equipment, which continue to belong to Beam;

b) Ensure that workers and collaborators at your establishment are properly prepared and accept payments through Beam, being able to explain to the customer the procedure and advantages of becoming a Beam user;

c) Grant each Beam user the cashback due for the commercial transaction carried out at the establishment, as well as settle the Beam compensation;

d) Achieve, in each establishment equipped with Beam, a minimum of thirty monthly transactions, carried out through Beam;

e) Immediately publicize, in your establishment, website and social networks, the possibility of, from now on, accepting transactions through Beam, namely by posting such information at the entrance of the establishment and sharing, on social networks, a minimum of three campaigns Beam, which can be performed by Beam.


14. Other obligations:

The Partner is also obliged to:

a) Accept, respect and comply with these Terms and Conditions of Membership, as a Partner;

b) Install and maintain, at its own expense, internet and telecommunications connections with the appropriate capacity and specifications and approved by Beam;

c) Whenever necessary, integrate at your expense any software and respective updates that are required for the Partner’s POS system to accept Beam transactions;

d) Comply with reasonably required implementation instructions;

e) If applicable, only use the API key provided by Beam for use on Partner’s POS terminals.

After entering into the agreement, Partner may request and Beam may, at its discretion:

a) Arrange for the installation of the necessary equipment (Beam terminals) at the Partner’s facilities, with the costs established between the parties;

b) Provide the Partner with initial training and training and/or guidance and instructions deemed necessary by Beam;

c) Provide the Partner with Beam user manuals in electronic format.

Where applicable, Beam will provide the Partner with the API key for each POS terminal used by the Partner.

The Partner is responsible for providing any additional training or training to its current or future employees.

The ownership of any equipment, software programs, manuals and other related documents provided by Beam to the Partner remains permanently the exclusive property of Beam and the agreements, commitments or contracts that the Partner may enter into may never encumber, pledge, sell or compromise Beam.

If Beam terminals and equipment are provided to Partner, Beam grants Partner a non-exclusive, non-transferable license to use the app and proprietary rights and trademarks associated with the terminals and in connection with the provision of Beam services, as well as the Partner’s use and acceptance of Beam services in accordance with these Membership Terms and Conditions.

The Partner acknowledges that Beam terminals and equipment, the app, all intellectual property rights, intellectual creations and all associated trademarks are the property of Beam, undertaking not to contest the validity of such rights.

The Partner recognizes that any appreciation arising from the use of Beam’s intellectual property or intellectual creations constitutes its benefit and not its benefit.

Unless expressly agreed, Beam does not provide any warranty related to the software programs that are part of Beam terminals and equipment, nor the application and platform.

Beam is not responsible for delays in processing or other malfunctions due to events such as fires, failures in telecommunications systems, equipment failures, strikes, riots, riots, wars, failures of suppliers, vendors, processors or transmitters of information and other acts , or causes over which you have no control.


15. Confirmations and appointments

The Partner is solely responsible for fulfilling obligations towards the Beam user, including the provision of paid goods or services.

When, as a result of events to which Beam is unrelated, Beam services are not functioning and or Beam is prevented from providing Beam services to the Partner, Beam will not be responsible for any losses or inconveniences that the Partner may suffer.

The Partner undertakes to sell products and provide services to the Beam user at the prices published or advertised by the Partner for the respective products and services.

The Partner undertakes to make every effort, namely those set out in these Membership Terms and Conditions, to achieve the minimum monthly number of transactions through Beam referred to in these Membership Terms and Conditions.

The Partner undertakes not to refuse purchases by Beam users and not to grant preference or encourage purchases in cash or other equivalent means.

The Partner undertakes not to refuse to apply valid and normal discounts to Beam users who want to make purchases through Beam services and which are offered to customers who make payments in cashor other form of payment.

By agreement between the parties, the Partner will permanently maintain, in all its facilities, promotional and advertising material provided by Beam, related to the Beam service.

The Partner also agrees to submit to Beam, for its prior written approval, any advertising material that uses the Beam brand, logo, design and colors, or any representation thereof.

The Partner agrees and undertakes to provide Beam with a copy of its incorporation and commercial registration documents, licenses and other authorizations officially required to conduct its commercial activity, in order to allow them to confirm that the Partner operates in the market in compliance with current legislation.

The Partner undertakes to conduct its business covered by this agreement with the best commercial and business practices.

The Partner must not make or provide any product or service for which payment is made through Beam services without obtaining Beam’s prior agreement.


16. Duration, cessation and vicissitudes

The agreement resulting from adherence to these Terms and Conditions of Adhesion lasts for three years, being successively and automatically renewable, for equal periods, unless either party expresses its opposition, by registered letter with acknowledgment of receipt, sent to the headquarters of the others, at least ninety days in advance of the scheduled date for renewal.

Either party may terminate the agreement, regardless of just cause, by registered letter with acknowledgment of receipt, sent to the headquarters of the others, at least sixty days in advance of the date of termination.

Beam may immediately terminate the agreement, without the need for prior notice, in the event that the Partner acts in bad faith, fails to fulfill its obligations, or uses the equipment and services provided and made available in violation of applicable legislation.

If the agreement is resolved under the terms of the previous paragraph, Beam has the right to return the Beam equipment that it installed at the Partner’s establishment and to demand, from the Partner, payment of the amount corresponding to the installation cost, plus VAT at the legal rate in force, as a penal clause, without prejudice to the right to claim compensation for all damages, material and non-material, suffered.

In the event of receiving a complaint from a third party, denouncing the improper use of the services contracted here, Beam has the right to temporarily suspend the execution of this agreement, for the period strictly necessary to determine responsibilities, without the obligation to compensate the counterparty for any reason whatsoever. .

The Partner may not assign the rights and obligations arising from this agreement to a third party, without prior authorization from Beam.


17. Other essentials

Without prejudice to other situations provided for in a specific section of these Membership Terms and Conditions, Beam may terminate the agreement with the Partner, with or without prior notice, if the Partner, namely:

a) Provide incorrect or misleading information, or omit any materially relevant information, when accepting these Terms and Conditions of Membership;

b) Process an illegal or prohibited transaction;

c) Failure to comply with any provision of the Membership Terms and Conditions;

d) It is declared insolvent, or a judicial administrator has been appointed;

e) Enter into liquidation, enter into an agreement with creditors, or cease activity;

f) Allow a third party to use Beam terminals or any other equipment, without prior authorization from Beam.


18. Effects

Once the agreement between Beam and the Partner is terminated in any way:

a) The agreement will become null and void as of the date indicated in the termination or the date on which the termination took place, depending on the case;

b) Beam may immediately cancel the Partner’s API key;

c) The Partner must return the Beam terminals and equipment provided to them, under the conditions established between the parties, and must not process any other Beam transaction;

d) Beam will have no obligation to accept and may refuse transactions originating from the Partner;

e) The Partner must immediately comply with any additional instructions from Beam, regarding software or hardware components provided by Beam;

f) Partner must cease any use of Beam, Beam terminals and equipment and any Beam trademark or intellectual creation, regardless of printed, electronic or other form;

The termination of the agreement does not affect the rights and obligations of the parties established before the date of its expiry.

After the end of the agreement, the Partner will not be entitled to claim from Beam any compensation, reimbursement or compensation for loss of customer base, goodwill, loss of profits on advance sales, income or similar, or indirect or consequential losses.


19. Suspension

Partner confirms and accepts that Beam will control Beam transactions carried out through Partner’s POS system, including uncompleted transactions.

If the volume of transactions carried out by the Partner is lower than the minimum monthly number provided for in these Membership Terms and Conditions, Beam may decide to suspend Beam services for a period of 90 days, considered sufficient for the Partner to make efforts to achieve the contractual objectives.

If Partner receives, at any given time, a higher number or amount of Beam transactions than Beam considers normal, Beam may suspend Partner’s access to the use of Beam services.

If the parties do not agree on how to resolve and reduce the aforementioned transactions, Beam may terminate the agreement immediately, as provided for in the specific section of these Terms and Conditions of Membership.


20. Disagreements and venue

The Partner will attempt to resolve, promptly and diligently, any disagreement with Beam users, regarding transactions and payments carried out or attempted between the Partner and Beam users, through Beam, and must provide Beam with information regarding the transactions about which divergence occurs.

If the Partner suffers any loss or damage resulting from processing an invalid transaction that is later determined to have only been authorized due to an error or failure in Beam’s systems, Beam will reimburse the Partner an amount equivalent to the cost of the products and services for which the affected Beam transaction concerns, together with any Beam charge related to such Beam transaction.

Partner confirms and agrees that such refund will be the sole compensation to you for Beam’s error or failure and will under no circumstances be liable for any loss of profit, goodwill, business, reputation, indirect or consequential loss or damage.

If any disagreement that arises as a result of these Terms and Conditions of Adhesion is not resolved by the parties within 30 days from the date of its appearance, either of them may resort to the arbitration mechanism, in accordance with the Rules of the Chamber’s Arbitration Center of Portuguese Commerce and Industry in Lisbon.

The number of arbitrators is 1, who, in the absence of agreement between the parties, will be chosen according to the aforementioned rules.

The place of arbitration will be in Lisbon and the language used in the arbitration will be English. The arbitrator’s decision will be final and binding.

The law of the Republic of Ireland will apply to any dispute arising from the content and compliance with these Terms and Conditions of Membership.


21. Responsibility

The Partner agrees to indemnify and hold Beam and its representatives, namely administrators, directors and employees, harmless from:

a) Claim or demand, including legal costs, submitted by a third party as a result of your failure to comply with these Terms and Conditions of Membership, or your violation of any law or rights of a third party, in connection with your use of Beam (including in relation to any additional services ), by the Partner;

b) Any loss or damage incurred as a direct or indirect consequence of third party access to the Partner’s account or API key;

c) Any claims, losses, damages or liabilities that Beam may incur due to: i) the Partner’s failure to comply with its obligations set out in these Membership Terms and Conditions; (ii) error, fraud or negligence of the Partner, or its employees, or its collaborators; iii) processing, by the Partner and/or its employees or collaborators, with incorrect information, of a Beam transaction; iv) failure by the Partner to comply with any change in processes, due following notice from Beam; v) processing, by the Partner and/or its employees or collaborators, of an illegal or prohibited transaction.

Beam agrees to indemnify and hold the Partner, its representatives, directors and employees, harmless from any claim or demand, including legal costs, made by a third party resulting from any breach, by Beam, of these Membership Terms and Conditions, or the violation by Beam of any law or third-party right relating to your use of Beam.

The aforementioned provisions on compensation remain after the expiration or cancellation, for any reason, of the agreement between the parties.

Without prejudice to the foregoing provisions, neither party will be liable for any indirect or consequential losses suffered by the other party as a result of the other party’s fault or negligence.

Beam is not legally responsible for illegal information stored and made available on the Beam application at the request of the establishment owner, as long as he was not aware of their illegality.

Beam will also not be responsible if it removed illegal information as soon as it became aware of its illegality.

Beam is not obliged to actively control and investigate the information provided by the participating merchant, in particular to determine whether it is illegal or not.

Any information, particularly relating to your store, that the Partner has entered into the Beam application and which turns out to be false, will be deleted by Beam. The Partner will be notified of this fact, having a period of 7 days to contest it, in writing, and must justify the veracity of the information. Beam will make the final decision on the matter, and may decide to maintain the deletion or restore the information.

The financial liability of any party may not exceed the total value of the Beam transaction subject to dispute or disagreement.


22. General

The Partner may not assign or transfer, to third parties, the rights and obligations arising from these Membership Terms and Conditions, without obtaining Beam’s prior agreement.

If any provision of these Terms and Conditions of Membership is considered invalid, illegal or non-binding, it will be considered non-existent, with the rest remaining fully valid and applicable.

If, on a given occasion, either party fails to act in relation to a breach by the other party or third parties, this does not prejudice the right to subsequently act against those or others in relation to subsequent or similar breaches..

These Terms and Conditions of Membership are not intended to create an agency, employment, joint venture or any other form of commercial relationship between the parties, remaining, Beam andthe Partner, legally independent entities, without authority to bind each other.

These Membership Terms and Conditions constitute the only agreement existing between us and the Partner, regarding the matters covered therein, prevailing over any negotiations or other prior agreements.

Any statements, provisions, commitments or arrangements, whether oral or written, express or implied, will have no force or effect other than that set out in these Terms and Conditions of Membership.


23. Effectiveness

The Partner expressly acknowledges and accepts that they have read these Terms and Conditions of Membership, having understood their content and scope, namely the terms, conditions, consequences, rights and obligations set out therein.

The Partner agrees with the content and scope of the agreement materialized in these Terms and Conditions of Membership, having expressed, in a free and clear way, the desire to conclude it, translated by filling in the mandatory fields of the membership form available on the Beam website and not tick the existing option of wanting to contract Beam services.

The agreement is considered concluded and takes effect from the moment the Partner, after carrying out the steps described below, completes the payment of the amount due for joining and installing Beam.


24. Contacts

Except when otherwise stated in these Terms and Conditions of Membership, or by Beam as expressly stated, any communication that the Partner wishes to direct to Beam must take the form of an email message, sent to the address support@beamwallet.com.


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TERMS AND CONDITIONS OF MEMBERSHIP TO BEAM ONLINE STORE


1. Welcome to Beam for online store

These are the Terms and Conditions of Adhesion of the relationship between Beam and the Partner dedicated to electronic commerce (hereinafter referred to as “Partner”).

The Membership Terms and Conditions come into force from 02/01/2024, applying to all people, natural or legal, who are Beam’s commercial partners in the e-commerce sector.

To be able to use Beam to receive payments for goods or services sold through e-commerce, the Partner must be registered in the respective country, have a Beam account and agree with the content of this subscription.

By opening and using your Beam account, the e-commerce Partner agrees to comply with these Terms and Conditions of Membership, as well as the other rules provided for those using the Beam app and website.

As such, you must carefully read all documents presented to you. We will occasionally review the Membership Terms and Conditions and other documents.

When this happens, the revised version will come into force on the date of its publication.

By continuing to use our services from that date onwards, you will be agreeing to the changes and being bound by them.

If you do not want to agree, you must close your account before the changes take effect.


2. About Beam

Beam is a marketing, payments and other services platform. You can find more information about Beam on our website.


3. Beam e-commerce Partner Account

The e-commerce Partner account is for people, natural or legal, who have a store selling goods and/or services online and want payment of the corresponding price to be made online, through Beam, with the inherent advantages.


4. Safe use of your Beam account

The Partner shall take reasonable measures to prevent misuse of its Beam account. You must maintain adequate security and control of any and all devices, items, IDs, passwords, and personal identification numbers or codes that you use to access your Beam account and services.

You must comply with all reasonable instructions we may issue regarding how to keep your Beam account secure.

We may require you to authenticate any instruction relating to your Partner account (i.e., give us the information we need to ensure that you are giving us a certain instruction, such as sending the correct login information, including the email address and password) and successfully log in to your Beam account.

The Partner undertakes to keep the postal address, email address, telephone number and other contact information current in their Beam account profile.


5. Permissions to third parties

The Partner may grant, remove and manage permissions for third parties to perform certain actions on its behalf.

You acknowledge and consent that if you grant permission to third parties to perform actions on your behalf, we may have to disclose certain information about your account to such third parties.

Granting permission to third parties to access your account does not exempt the Partner from any of the responsibilities set out in these Membership Terms and Conditions.

The Partner is responsible to Beam for any actions it authorizes third parties to carry out.

Therefore, the Partner cannot attribute “to Beam” any responsibility arising from the actions or omissions of the aforementioned third parties, resulting from the permissions it granted them.


6. Close Beam account

The Partner may close their Beam account upon prior notice, given sixty days in advance of the intended date of closure.

Beam may decide to close the Partner’s account and must notify the Partner sixty days in advance of the date of closure.

We may also suspend, terminate or limit access to the Partner’s account, immediately and without prior notice, if:

a) The Partner violates these Membership Terms and Conditions;

b) The Partner does not access their Beam account for sixty consecutive days;

c) There are suspicions that the account was accessed without authorization.

If we decide to terminate, suspend or limit the Partner’s access to their account, they will receive a notification, which, whenever possible, will indicate the reasons for such decision.

Regardless of the reasons and who initiated it, when the Partner’s account is closed:

a) These Membership Terms and Conditions are immediately terminated, except for the period necessary to process account closure and comply with current law;

b) We may cancel any pending transactions and the Partner may lose the balances associated with them;

c) We may retain the Partner’s balances, to the extent and for as long as necessary to protect ourselves, or third parties, against the risk of cancellations, commissions, fines, sanctions and other liabilities;

d) We may suspend, limit or terminate the Partner’s access to or use of our services, website, software, app, systems, networks and servers, operated by us or on our behalf;

e) The Partner remains responsible for all outstanding obligations applicable to their account, provided for in these Membership Terms and Conditions;

f) We may keep your information in our database for the purpose of complying with legal obligations.

Please contact us for assistance if you have any questions about funds held in your account at the time of closure or if you are the legal representative of the Partner who has become incapacitated or deceased.

In the event that, for any reason, we decide to discontinue any of our services or any part or functionality thereof, we will provide the Partner with at least sixty days’ notice, except if:

a) The discontinuation of the service or functionality is due to a legal requirement or a relationship with third parties;

b) The provision of prior notice is sufficient to create a security risk or a substantial economic or material technical burden for Beam.

7. Risk of cancellations

When we receive a payment from the Partner’s customer funding source, we may need to store the money in a reserve account as we believe there is a risk of cancellation by the funding provider.

However, this will only happen if we do not have all the information necessary to make the payment funds available and only while that risk exists.


8. Balance

When the Partner’s customer uses our platform to make a payment, they must have funds to cover the price of the good or service and other costs that may be due, otherwise they will not be able to complete the transaction.


9. Coins

The Partner is responsible for defining, among the currencies allowed by Beam, the currency or currencies in which they accept to receive payment of the purchase price.

The cost of any exchanges necessary to complete the payment will be borne by the customer, in accordance with the rules and conditions of our bank.

We may not manage or convert currency for the purposes of speculative trading, conversion arbitrage, conversion options, or any other activity that we consider to be primarily intended to obtain or realize money based on currency conversion rates. We may withhold or cancel any transaction that we consider to be in violation of this policy.


10. How Beam handles currency conversion

Currency conversion will be processed by our bank, according to the rules and conditions set by it, and neither we nor Beam have any responsibility for the procedure.

The Partner accepts that any costs arising from the currency conversion procedure that are attributable to it cannot, under any circumstances, be the responsibility of Beam.

11. Account statements and request account records

The Partner will be able to consult and download their Beam account statement when logging in.

The Partner agrees to analyze their transactions through the Beam account history, eliminating the need to receive any periodic statements by email.

Beam may send, by email, to the Partner, information about payments made to its order and other documents related to the transactions.

Beam retains the right to charge a fee for providing additional information that the Partner requests.

By email, or in the transaction history that the Partner can access when logging into the Beam account, we will provide details of the amounts received and deducted, and you will not be able to make any deductions.


12. Telecommunications expenses

The Partner is responsible for telecommunications and other expenses that allow you to connect and use our services.

We provide the Beam service, and it is the Partner’s responsibility to ensure that they have the technological and communicational conditions to use it.


13. Regularization

After confirming the payment with the customer’s financing source, Beam will proceed with the regularization via bank transfer, to the account indicated by the Partner.

In order to continue to guarantee the best possible conditions, regularization with the Partner will occur within the deadlines and conditions set out in the specific section of these Membership Terms and Conditions.

The amount to be credited to the Partner will then be deducted from the amount corresponding to the cashback granted.

Beam may refuse to carry out regularization if:

a) The customer does not have a sufficient balance to cover the cost of acquiring the good or service transacted by the Partner and any other costs, or its financing source does not have sufficient funds to cover the money necessary to make the payment to the Partner;

b) The Partner has not provided all the requested information, which is mandatory to complete the regularization;

c) The amount to be regularized exceeds the limit set by Beam;

d) We have reason to believe that unusual, suspicious, fraudulent, irregular, or illicit activity has occurred in connection with the Partner’s or customer’s account, or which, in any way, violates these Membership Terms and Conditions.


14. Special financing sources

Some customer payments may be financed by special financing sources associated with the customer’s Beam account, such as their Beam balance, vouchers, promotional vouchers, or others.

The use of these special sources may be subject to specific Terms and Conditions of Adhesion between Beam, the customer and/or the Partner, which, in most situations, do not result in any difference for the Partner.


15. Receipt Limits

Beam may, at its discretion, impose limits on the amount and value of payments that the Partner may receive for sales it makes.

To remove the receiving limit, you will need to follow the steps we communicate to you or publish from time to time.


116. Collection of surcharges

Beam does not encourage charging surcharges, as it is an e-commerce practice that can penalize the customer and unnecessarily create confusion, friction and abandonment at the checkout stage.

The Partner must not apply surcharges or higher prices because payment is made through Beam.


17. Beam Presentation

The Partner must treat Beam as a payment method at least at the same level as any other payment methods available on their website and online store, including in the application for mobile devices.

This includes at least the same or substantially similar treatment in terms of:

a) Positioning of the logo;

b) Position on any website and online store;

c) Treatment in terms of payment flow, terms, conditions, restrictions or commissions, in each case in relation to other brands and payment methods in the Partner’s online stores.

The Partner may not, under any circumstances, diminish Beam’s capabilities as a system for making and accepting payments, nor express a preference for using other means and payment systems to the detriment of Beam.


18. Taxes and reporting information

It is the Partner’s responsibility to determine what taxes, if any, apply to the payments they receive and it is their sole responsibility to assess, collect, declare and remit the correct taxes to the appropriate authorities.

Beam is not responsible for determining whether any taxes apply to the transaction, nor for calculating, collecting, reporting or remitting any taxes arising from any transaction.

19. Payments in the online store

If the Partner accepts Beam payments in its online store, it must inform the customer of the total amount of the transaction before it is carried out.

The Partner may only charge its customer’s account for transactions that it has authorized.

The Partner must issue a receipt for each transaction carried out, which must contain an accurate and truthful description of the goods and services being purchased.


20. Marketplace sellers

If the Partner is a seller on a marketplace or through a third-party application that makes Beam available, they will have to comply with the rules applicable to the marketplace of which they are part.

We may allow the Partner to authorize certain marketplaces to use their account to collect amounts owed by the buyer. If the Partner grants such authorization and the marketplace notifies us of this request, the Partner must instruct us to process payments accordingly. At any time the Partner may contact us and cancel such instruction.


21. Responsibility to notify Beam

Once Partner has access to any account statements or other account activity information, Partner has seven days to notify Beam in writing of the existence of alleged errors or discrepancies for which Beam is responsible.

If the Partner does not notify Beam within this period, the Partner will accept these statements and information as accurate and valid, and Beam will not be required to make any corrections.


22. Refunds and payment cancellations

When you receive a payment, it may berefundedorcanceled.

We may allow you to send the payer areimbursementpayment.

We can proceed tocancellationpayment in certain circumstances.

It is the sole responsibility of the Partner:

a) Comply with the respective contractual and legal obligations towards the payer for any reimbursement made to them;

b) Any difference between the cost to the payer of the original payment and the value of the amount returned to the payer (for example, as a result of fluctuations in the exchange rate of the transaction).

Beam is not responsible for any loss resulting from the Partner’s decision to reimburse, or not to reimburse, the buyer of the amount spent by the latter on the transaction, except in the event that said reimbursement is motivated by the incorrect execution of a payment by Beam.


23. Cancellations and compensation

A cancellation occurs when we exercise our right to compensation for amounts from the Partner’s account, unduly received by the Partner.

Payment amounts received in the Partner’s account may be removed from it after delivering the goods or services sold.

A cancellation may occur when:

a) We reimburse the payer in relation to a claim made against the Partner;

b) We compensate the payer or the bank because we receive a complaint from one of them to return the payment under a cancellation process used by that bank. This includes any claims of unauthorized or incorrect payments made to your account.

The amount claimed may be higher than the original amount received due to exchange rate fluctuations between the time of payment and the time of claim.

We may have to compensate the buyer when they complain that there was a problem with their payment, namely that the payment was not authorized, or was incorrect.

We have the right to cancel for any other reason referred to in these Membership Terms and Conditions or applicable law, including if we suspect that the Partner is involved in restricted activities.

If your balance in a particular currency is insufficient to cover the amount you owe us in that currency, whether as part of a cancellation or compensation, we may carry out a currency conversion of any balance into another currency to cover the shortfall against our exchange rate.


24. Dispute Commissions

Beam may charge a dispute fee if it is required to personally intervene in the resolution of conflicts between the Partner and the customer, in which it is determined that the customer is right.

To be charged, the dispute commission will be in the currency in which the transaction that gave rise to the dispute was carried out.

The amount ofdispute committeewill be determined when the case in dispute is created, and may never exceed 5% of the transaction value.

Adispute committeewill be deducted from the Partner’s Beam account after determining responsibilities and deciding the claim.


25. Buyer Protection

If there is a complaint from the buyer against the Partner and it turns out that the latter was wrong, the Partner may lose the total value of the transaction, plus the shipping cost.

In some cases, the Partner may not receive the item back.

Partner will not receive a refund of the compensation it paid to Beam in connection with the sale.


26. Partner Protection

If you sold something to a buyer and you have already shipped the physical item or provided an asset and the transaction is later disputed or canceled under these Membership Terms and Conditions, you may be eligible for a refund.

When applicable, Partner protection may result in the Partner’s right to retain the full purchase amount.


27. Restricted Activities

In connection with the use of our websites, your Beam account, Beam services or in the course of your interactions with Beam, other Beam customers, or third parties, the Partner is not permitted to:

a) Violate these Terms and Conditions of Membership, nor any other rules, standards and duties agreed between Beam and the Partner;

b) Violate any rule or legal provision;

c) Infringe the copyrights, patents, trademarks, trade secrets or other intellectual property rights, intellectual creations, or rights of publicity or privacy, of Beam or third parties;

d) Use Beam to sell counterfeit items;

e) Act in a defamatory, slanderous, threatening or harassing manner;

f) Provide false, incorrect or misleading information;

g) Send or receive what Beam may have reason to believe are potentially fraudulent or unauthorized funds;

h) Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;

i) Trying to get paid twice during a dispute, by receiving or trying to receive funds from Beam, the buyer, the bank and the card issuer, always for the same transaction;

j) Control an account associated with another account that is involved in any of the restricted activities referred to in the previous paragraphs;

k) Do business or use Beam services in a way that results or may result in: 1) claims; 2) requests from buyers to invalidate payments made to the partner; 3) commissions, fines, sanctions or other liability or losses to Beam, the purchaser, other Beam users, or third parties;

l) Using the respective Beam account or Beam services in a way that the entity managing the source of financing the transaction payment has reason to believe constitutes misuse of the computer system, or card, or a violation of the rules of the network or association of cards;

m) Take any action that unreasonably or disproportionately burdens our websites, software, systems (including any networks and servers used to provide any of the Beam services), operated by us or on our behalf, or the Beam services;

n) Facilitate any viruses, Trojan horses, malware, worms or other computer programming routines that attempt to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or obtain unauthorized access to any systems , data, information or Beam services;

o) Use an anonymous proxy; use any robot, spider, other automatic device or manual process to monitor or copy our sites without our prior written permission; or use any device, software or routine to bypass our automatic opt-out titles;

p) Interfere with or disrupt, or attempt to interfere with or disrupt, our websites, software, systems (including any networks and servers used to provide any of the Beam services), operated by us or on our behalf, any of the Beam services or the use by other users of any of the Beam services;

q) Take any action that may cause us to lose any of the services of our internet service providers, payment processors or other suppliers or service providers;

r) Use Beam services to test credit card behaviors;

s) Circumvent any Beam policy or determinations regarding the respective Beam account, such as temporary or indefinite suspensions, or other account holds, limitations or restrictions;

t) Harass and/or threaten our employees, collaborators, agents or other users, whether they are Partners or customers;

u) Misuse our dispute resolution process or Partner protection;

v) Disclose or distribute buyer information to third parties or use this information for marketing actions other than those permitted by the buyer and Beam;

x) Send unsolicited emails to buyers or use Beam services to collect payments for providing third parties with email addresses of customers you may obtain;

y) Copy, reproduce, communicate to third parties, alter, modify, create derivative works, publicly display or frame any content of Beam websites without the written consent of Beam or the applicable third party;

z) Reveal the access data to the respective account to third parties, or access the account of another Partner;

aa) Do or omit, or attempt to do or omit, any other act or information that may interfere with the proper functioning of the Beam service or activities carried out as part of the Beam services or otherwise that does not comply with these Terms and Conditions Membership;

bb) Use Beam to receive payment for a personal transaction, as if it were an e-commerce commercial transaction;

cc) Allow the respective use of the Beam service to constitute, for Beam, a risk of non-compliance with laws on anti-money laundering, combating the financing of terrorism and other similar regulatory obligations;

dd) Integrate or use any of the Beam services without fully complying with all mandatory requirements communicated or provided for in documents or guides issued by Beam;

and e) Advertise, promote, present or describe the Beam personal consumer credit service without offering such a service to its customers.

ff) Neglecting preventive security measures designed to prevent a breach of the security of the respective website or respective systems, which could result in the unauthorized disclosure of customer information.

You agree that engaging in the aforementioned restricted activities diminishes the secure access and/or use of your account and our services in general by you or our other users.


28. Consequences of practicing restricted activities

If we consider that the Partner is involved in any restricted activity, we may, on our own initiative and free will, take several measures to protect Beam and all users and third parties, namely:

a) Terminate, at any time and at our sole discretion, this membership agreement with the Partner;

b) Limit the Partner’s account or close or suspend it, without penalties for Beam;

c) Refuse to provide Beam services to the Partner in the future;

d) At any time and without liability for any damages caused, suspend, limit or terminate the Partner’s access to our websites, software, systems (including any networks and servers used to provide any of the Beam services), operated by us or on our behalf, to your Beam account or any of the Beam services, including limiting your ability to receive Beam payments, regardless of the associated funding source and preventing you from accessing the business portal;

e) Retain the Partner’s money to the extent and for the period reasonably necessary to protect Beam against the risk of liability, as further explained in the appropriate section of these Membership Terms and Conditions;

f) Block your Beam account and/or withhold funds in the reserve account;

g) Refuse any particular payment transaction, at any time, for any reason, it is only necessary to provide the basis and reasons for the refusal, as well as how the Partner can resolve the problem, if possible, upon request and provided that is not prohibited by law;

H)Cancela payment;

i) Take legal action against the Partner;

j) Suspend the Partner’s eligibility for the Partner protection program, including with retroactive effect;

k) Contact third parties and disclose details of restricted activities in the manner established in our privacy policy;

l) Request or update inaccurate data and information that the Partner has provided to us;

m) Request information or documents from the Partner to verify your identity and/or with regard to the goods or services you have provided based on a transaction;

n) If Partner uses Beam Services to promote content that Beam considers to violate laws, statutes, regulations, or other rules, we may take appropriate action, including deleting or removing such content. Beam is not responsible for this type of content published by the Partner, which is their sole responsibility;

Any information, particularly relating to your store, that the Partner has entered into the Beam application and which turns out to be false, will be deleted by Beam. The Partner will be notified of this fact, having a period of 7 days to contest it, in writing, and must justify the veracity of the information. Beam will make the final decision on the matter, and may decide to maintain the deletion or restore the information.


29. Liability Risk

For the purposes of paragraph e) of the previous section, the Partner acknowledges, in particular, that:

a) The risk of Beam’s liability in relation to card payments that the Partner receives may last until the risk of termination of a chargeback in favor of the payer/buyer passes (as determined by the rules of the card system). This depends on certain factors, including, without limitation: 1) The type of goods or services for which the Partner receives payment; 2) The period for the delivery of the articles or the provision of the services for which the Partner receives payment;

b) Beam’s risk of liability in connection with a claim or dispute arising from a payment that Partner has received may last for as long as it takes the parties to settle the claim or dispute and all remedies associated therewith, in accordance with the protection from the buyer;

c) Beam’s risk of liability in connection with any insolvency event that Partner may suffer may last for as long as applicable insolvency law limits Beam’s ability to bring legal action against Partner;

d) If the Partner allows its Beam account to have a negative balance arising from debt owed to Beam, Beam’s liability risk may last as long as the Partner maintains that balance.


30. Responsibilities arising from suspension or termination

Unless otherwise stated, Partner may not use or attempt to use its Beam account while it is suspended or closed.

The Partner must ensure that all contracts with buyers or other third parties involving payments that have already started are canceled immediately upon termination, suspension or closure of their account.

The Partner remains responsible for all charges and other amounts incurred in connection with the use of its account at any time, regardless of its termination, suspension or closure.


31. Retentions, limitations and reservations

In order to guarantee the security and integrity of its services and users, Beam may adopt certain measures regarding the account or transaction.

Except in exceptional situations, namely for imperative security reasons, the Partner will be notified of the adoption of such measures.

You acknowledge and agree that funds held under these Membership Terms and Conditions may be placed in your reserve account and that you will provide us with such information as we reasonably request to enable us to determine that the risk no longer exists.


32. Withholdings

A hold is an action Beam may take in certain circumstances, both at the transaction and account level.

When Beam places a payment amount on hold, the balance is not available to the Partner.

Beam analyzes several factors before placing a payment on hold, including: the Partner’s identity, account ownership, transaction activity, company type, and previous customer disputes.

Some common situations in which Beam will withhold payments include cases where we have reason to believe that:

a) There is an unusual and sudden change in the Partner’s sales activity, including an increased number of complaints against you, or cancellations received in relation to that Beam account;

b) The Partner’s account is being used within the scope of restricted activities;

c) Relates to a transaction resulting from data theft and/or which was not duly authorized by the buyer;

d) The Partner is attempting to send or transfer funds it received fraudulently;

e) The Partner has not provided us with sufficient information to allow us to verify their identity or the identity of their business;

f) The payment sent to the Partner as seller is disputed as a payment that must be invalidated and canceled;

g) The buyer has submitted a cancellation request or claim under buyer protection in relation to a payment that the Partner has received;

h) There is a risk of cancellation of funds in the buyer’s account to the respective financing source.

i) There is a risk of liability, already explained in a specific section of these Terms and Conditions of Membership.


33. Payment Analysis

If we identify the possibility of a high-risk transaction, we will analyze it in more detail before allowing it to be processed.

This need may result from the fact that Beam suspects that one or both accounts of those involved are being used for restricted activities or for other reasons.

It may also be due to the existence of liability risk.

Whenever payment is subject to analysis and subsequent authorization, we will notify the Partner of this fact.

If there is no authorization, the transaction will be canceled and payment will be returned to the buyer.

All payments for which payment analysis is completed remain subject to cancellation under these Membership Terms and Conditions.

Beam will notify the Partner of the start of the analysis procedure.

When a payment is subject to analysis, it is a simple analysis of the payment that is implemented to reduce the risk of high-risk transactions being carried out.

The analysis cannot be interpreted as Beam’s distrust or disregard for those involved, namely the Partner.


34. Holds related to Partner instructions

Beam may, in certain cases, allow the Partner to request the retention of their funds in their reserve account.

If this happens, we will show you the status of the availability of said funds in the Partner’s balance.

In such situations, Beam will stop retaining the funds as soon as the Partner requests it, without prejudice to the other provisions established in these Membership Terms and Conditions.


35. Limitations

Limitations are implemented to help protect Beam, Partners and other users of the platform, applying when we determine the existence ofrestricted activities, an increased financial risk or any activity that appears unusual or suspicious.

Limitations also help us collect the information necessary to keep your Partner’s Beam account open and functional.

There are several reasons why the Partner’s Beam account may be limited, in particular when we have reason to believe that:

a) Someone may be using the Partner’s Beam account without the Partner’s knowledge and authorization. In these cases, we will limit the account for your protection and to review apparent fraudulent activity;

b) The Partner’s customer’s card or bank account was used without permission, causing an alert from the debit or credit card issuer, or the bank;

c) The Partner has violated these Membership Terms and Conditions;

d) The Partner’s performance as a seller indicates that its Beam account is high risk, that is, when, for example: it presents indicators of poor sales performance, as it has already received an unusually high number of complaints; offers a completely new or high-cost type of product for sale; your sales volume increases very quickly compared to normal;

e) There is a risk of liability, already explained in the previous section of these Terms and Conditions of Membership.

We may also limit Partner’s Beam account to comply with applicable law.

Before a limitation can be removed, Partner must resolve any issues with their account.

This is typically done after you have provided us with the information we request.

However, if we have reason to believe that there is still a risk after you have provided us with this information, we may take measures to protect Beam, the Partners, our users, third parties or the Partner itself against cancellations, commissions, fines, penalties, legal risks and or regulatory and other responsibilities.


36. Reservations

Subject to applicable laws and regulations, Beam may apply a reservation to the Partner’s account at any time.

This may happen if Beam considers that there is a high level of risk associated with the Partner, its account, its business model or its transactions.

When applying a reservation to the Partner’s Beam account, the funds are reserved, in whole or in part, and are no longer available for settlement, as protection against the risk of payments made in your favor being canceled or invalidated, or against any other risk related to your Beam account or use of Beam services.

Beam may make decisions regarding the application of a reservation based on a number of factors, including information made available to us by internal and third-party sources.

Beam considers a list of non-exclusive factors and whether and how these factors have changed over time, namely:

a) Date on which the Partner started activity;

b) If the Partner’s sector of activity has a higher probability of complaints and returns;

c) History of transactions and payments with Beam and third parties;

d) E-commerce or personal history;

e) Existence of an above-average number of returns, complaints or disputes.

If we apply a reserve to the funds in the Partner’s Beam account, they will be notified and the balance will be placed in their reserve account and shown as pending.

If we change the booking due to a change in our risk assessment, we will also notify you.

Partner agrees to undertake, at its own expense, any additional action that is necessary to establish a reserve or other form of security in a manner reasonably determined by Beam.

This may involve executing any necessary documents and recording any type of document reasonably required by Beam.


37. Problem detection and resolution

We recommend that the Partner regularly monitor their Beam account and not transfer access data to third parties.

If the Partner detects a problem, please contact us immediately, in writing, so that we can help you as soon as possible.

To this end, you must provide us with all requested information about the circumstances of the problem and take all reasonable steps we request.

We may provide third parties with information that we deem relevant in such circumstances, in accordance with the Privacy Policy available on our website.

Subject to the other provisions set out in the Membership Terms and Conditions, we intend to investigate the problem and collaborate with the Partner to resolve it as quickly as possible.

However, we will not be able to help, or in any way compensate the Partner, when:

a) The Partner does not provide us with all the information reasonably requested about the circumstances of the problem, including if it does not comply with our request to communicate the problem in writing, within the period granted to it for that purpose;

b) The Partner fails to take all reasonable steps we request to assist us in our investigation;

c) The Partner has acted fraudulently;

d) Beam demonstrates that the problem was caused by circumstances beyond our control (e.g. fire, flood or loss of internet connection), despite our reasonable precautions;

e) We have reasons to consider that there is no problem that gives the Partner the right to compensation;

f) The Partner takes more than two months from the date of the occurrence to communicate the problem to us;

g) It is demonstrated that the Partner did not keep their account secure, intentionally or through gross negligence (for example, they chose to share their Beam account ID and password; or

h) There was another security or fraud problem, which the Partner did not communicate to us;

It may be the case that Beam detects the problem before the Partner does. If there is a need to notify the Partner about the problem, we will contact you through the application or your email address.


38. Disputes between Beam and the Partner

What is contained in this section does not affect the provisions of the specific section of these Terms and Conditions of Membership.

In the event of a dispute between the Partner and Beam, our goal is to be informed of the situation and respond to the Partner’s concerns.

If we are unable to do so to the Partner’s satisfaction, we will seek to provide a neutral and cost-effective means of resolving the dispute quickly.

Beam will attempt to respond to the Partner’s complaint as quickly as possible and within the deadlines provided by law.

If there are any exceptional or unexpected circumstances that delay the response to the Partner’s complaint, we will send you an update and keep you informed as to when you can expect to hear from Beam.

Beam will not charge the Partner any fees for processing your complaints. If the dispute cannot be resolved amicably, Beam and the Partner may resort to other means of dispute resolution, including arbitration.

The parties agree that these Terms and Conditions of Membership and the agreement resulting from them will apply the law of the Republic of Ireland.

Beam and the Partner may resort to the arbitration mechanism, which will comply with the arbitration rules of the Republic of Ireland.

In this case, the number of arbitrators will be one, who, in the absence of agreement, will be chosen according to the rules in force.

The place of arbitration will be in the Republic of Ireland and the language used in the arbitration will be English.

The decision rendered in the arbitration will be final and binding.


39. Contacts

Except when otherwise stated in these Terms and Conditions of Membership, or by Beam as expressly stated, any communication that the Partner wishes to direct to Beam must take the form of an email message, sent to the address support@beamwallet.com .


40. Information and notices

The Partner agrees that we may make information and notices of interest available to you by publishing them on our website, or to your email, or to your postal address, or by SMS message to your phone.

Therefore, the Partner is obliged to keep us informed of their current contacts, and must have an internet connection to receive information and notices from Beam.

The information or notice is considered to have been received by the Partner on the day following its publication on the Beam website or its sending by SMS message, depending on the case.

If the information or notice was sent by postal mail, the Partner is deemed to have been notified thereof within three days of sending. Beam may terminate your account if you withdraw your consent for us to send you electronic communications.


41. Reservation of reasons and reasons

The Partner accepts that Beam’s decisions regarding retentions, limitations, reservations, blocks, suspensions, terminations, closures and any other measures provided for in these Membership Terms and Conditions, whether restricting or increasing the Partner’s access to our services, infrastructures, websites, software and systems, operated by us or on our behalf, may be based on confidential facts and criteria, essential to our risk management and protection of Beam, its Partners, users, suppliers, employees and third parties. We may use our own fraud and risk models to assess the risk associated with your Beam account.

The Partner understands that we may be prevented, by legal or administrative prescription, from disclosing certain information about our decisions to you.

We have no obligation to disclose to the Partner the details of our risk management or security procedures.


42. Right of Retention

If you fail to comply with your obligations arising from these Membership Terms and Conditions and find yourself in debt to Beam, the Partner hereby grants us the right to retain the funds in your Beam account, as a guarantee of payment of the amounts due.


43. Partner’s Responsibility

The Partner is responsible for all cancellations, chargebacks, complaints, commissions, fines, penalties and other liabilities that Beam directly or indirectly incurs, caused or arising from the violation of these Membership Terms and Conditions and or the use of Beam services, regardless of the termination, suspension or termination thereof.

The Partner agrees to reimburse Beam, the user or third parties for any and all liability arising from the aforementioned situations.


44. Refund

You agree that Beam may deduct the amount of any amount owed to you, or an affiliate of yours, directly from payments received into your Beam account.

If there are not enough funds in the Partner’s account balance to cover their liability, they agree to pay us by other means.

Naturally, we may also recover the amounts that the Partner owes us through legal means.


45. No waiver

The fact that we do not act in relation to a breach by the Partner of any of its obligations set out in these Membership Terms and Conditions does not imply the waiver of our right to act in relation to any subsequent breaches, whether identical or different from the one that occurred.


46. Partner Information

To facilitate the actions described in these Membership Terms and Conditions, reduce the risk of fraud and/or comply with our regulatory obligations, including anti-money laundering, we may request information and documents relating to you from the Partner.

At issue may be any official documents and information about the Partner’s activity and operations, namely proof of its identity, composition and corporate purpose, if applicable.

The Partner is obliged to respond to these requests in a timely manner.


47. Compensation

You may be required to compensate us as a result of acts or omissions in connection with your Beam account or use of Beam services.

The Partner agrees to exempt Beam, and if necessary indemnify Beam, from any liability in relation to any claim or demand, including legal costs, presented or incurred by third parties, arising, in particular:

a) Violation, by the Partner, of these Membership Terms and Conditions;

b) The improper use, by the Partner, of Beam services;

c) The violation, by the Partner, of any law or third party rights;

d) Actions, or omissions, of any person to whom the Partner grants permission to use their Beam account or allows access to our websites, software, applications, services, systems (including any networks and servers used to provide any of the services Beam) and others, operated by Beam or on our behalf, on behalf of the Partner.


48. Penal Clause

If you use your Beam account in violation of these Membership Terms and Conditions and damage results to us, the Partner, in addition to being subject to the application of the measures referred to in the previous sections, will be responsible for the losses caused.

The Partner acknowledges and accepts that the minimum amount of said losses amounts to €2,000.00 (two thousand euros), and we may deduct such amount directly from the existing balance in the Partner’s Beam account.


49. Beam Liability

Our liability is limited to the Beam services and the Beam account.

Under no circumstances will we be responsible for loss, direct or indirect, of the Partner’s profits, as well as the Partner’s activity, data and otherwise, arising from or related to our websites, software, applications, systems (including any networks and servers used to provide any of the Beam services), operated or provided by Beam.

Beam’s liability to the Partner, or third parties, is, in any circumstances, limited to the actual amount of direct losses (excluding direct loss of profits).

Partner agrees not to hold Beam liable for any damages or losses (including, without limitation, loss of money, goodwill or reputation, profits or other losses or any special or indirect losses) resulting, directly or indirectly, from:

a) Use, or inability to use, by the Partner, of our websites, software, applications, systems (including any networks and servers used to provide any of the Beam services), operated and provided by Beam or its affiliates;

b) Delays or interruptions in our websites, software, applications, systems (including any networks and servers used to provide any of the Beam services), operated and provided by Beam or its affiliates;

c) Viruses or other malicious software obtained through access, use, or installation of our websites, software, applications, systems (including any networks and servers used to provide any of the Beam services), operated and provided by Beam or its affiliates;

d) Faults, errors or inaccuracies of any kind in our websites, software, applications, systems (including any networks and servers used to provide any of the Beam services), operated by Beam or our affiliates on our behalf, as well as in the information and in the graphs obtained from them;

e) Content, actions or omissions of third parties;

f) Suspension or other action taken by us in relation to the Partner’s Beam account;

g) The need for the Partner to change its practices, content or behavior, or the loss or inability to accept payments through Beam, due to changes to these Terms or Conditions or applicable legislation.


50. Warranty

Beam services are provided as is, without any representation or warranty, express, implied or statutory.

Beam specifically disclaims warranties of any kind.

Beam does not access, nor know, the accounts and bank balances of its users, except when the source of financing for the payment of the transaction amount is exclusively the balance of the Beam account, therefore it does not guarantee that a customer who intends to carry out a transaction with the Partner actually has the funds and conditions to do so.

Beam does not guarantee uninterrupted and continuous access to any of its services.

The operation of our websites, software, applications, systems (including any networks and servers used to provide any of the Beam services), operated and provided by Beam or our affiliates, may be interfered with by numerous factors beyond our control.

We will make all reasonable efforts to ensure that payment requests through Beam are processed in the shortest possible time. However, we cannot provide guarantees regarding the time required to complete the processing, as this may depend on factors beyond our control, such as delays in the banking system or the issuing entities of the credit or debit cards that serve as the source. transaction financing.

Beam does not guarantee the accuracy of all information provided verbally.

The Partner may request the information they require in writing, and must inform us if they notice that there is anything that appears to be inconsistent with the Membership Terms and Conditions.


51. Exemption

If the Partner has a dispute with a Beam user, regardless of its nature and quality, the Partner acknowledges that it exempts Beam from all cases of claims, demands and losses, of every kind and nature, known and unknown, arising out of or in any way related with the aforementioned disputes.

You are solely responsible for understanding and complying with any and all laws, rules and regulations in your specific jurisdiction that may be applicable to your use of our services.


52. Beam Brand

The “Beam” brand, our website addresses and all logos related to Beam services are trademarks or registered trademarks of Beam or its companies.

The Partner, nor any third party on its own, is permitted to copy, imitate, modify or use them without Beam’s prior written consent.

All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Beam.

The Partner, nor any third party on its behalf, is permitted to copy, imitate, modify or use them without our prior written consent.

The Partner may use the logos provided to it by Beam for the purpose of directing traffic to the Beam services.

The Partner, nor any third party on its own, is permitted to alter, modify or change these logos in any way, nor to use them in a way that unduly characterizes Beam and its services, or to present them in such a way as to create the appearance of existing a sponsorship or commercial approval from Beam.

All right, title and interest in and to the Beam Sites and Applications, any content thereof, the Beam Services, the technology related to the Services, and any and all technology and content created or derived from any of the foregoing, are owned exclusive to Beam and its companies.


53. Partner License

If Partner is using Beam software, such as an API, developer toolkit or other software application, which may include software provided by or integrated with software, systems or services from our service providers, which you have downloaded or from another mode accessed through an internet or mobile platform, Beam grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free, limited license to access and/or use the Beam software in accordance with the accompanying documentation.

The license applies to the software and all updates, new versions and replacement software.

Partner may not rent, lease or otherwise transfer these rights to the software to third parties.

Partner must comply with the implementation, access and usage requirements contained in all documentation accompanying Beam services.

If the Partner does not comply with the implementation, access and use requirements, it will be responsible for all resulting damages suffered by you, Beam and third parties.

We may update or discontinue any software upon notice to Partner.

Although we may have integrated certain third-party materials and technology into any website or other application, including its software, and/or accessed and used certain third-party materials and technology to facilitate the provision of Beam services to Partner, Partner understands and acknowledges that it does not own , nor have you been granted, in any way, any rights over or relating to said third-party materials.

Partner agrees not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third party materials or technology, or otherwise create any derivative works of any third party software or materials or technology.

Partner acknowledges that all right, title and interest in and to the Beam Software is our property and that all third party materials integrated therein are the property of Beam’s independent service providers.

Any other third-party software application that the Partner uses is subject to the license agreed with the third party providing that software.

Partner acknowledges that Beam does not own, control, or have any responsibility or liability with respect to any third party software application you choose to use on any of our websites, software and/or in connection with Beam services.


54. License to Beam

Beam does not claim ownership of the content provided to you, uploaded or sent by the Partner.

It also does not claim ownership of content hosted by the Partner on external websites or third-party applications that use Beam services to accept payments related to the respective content.

When Partner uses Beam services to accept payments for goods and services, Partner grants Beam a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), royalty-free and fully paid-up right to use and publicly display, During the term of these Terms and Conditions of Membership, the respective trademarks (including, among others, registered and unregistered trademarks, commercial names, service marks, logos, domain names and other designations that are the property of the Partner, are licensed or used by the same), in order to identify the Partner as a merchant accepting a Beam service as a form of payment and any other use that has the consent of the Partner.

Beam does not compensate Partner for any content that Partner owns.

The Partner acknowledges that the fact that its content is used by Beam does not violate any intellectual property rights, intellectual creations or advertising.

The Partner acknowledges and declares that it holds or otherwise controls all the rights to the content it provides to us, agreeing not to exercise said rights against Beam.


55. Assignment

The Partner is not permitted to transfer or assign any rights or obligations it has under these Membership Terms and Conditions without Beam’s prior written consent.

Beam may, at any time, transfer or assign to a third party the agreement with the Partner arising from these Membership Terms and Conditions, or any right or obligation arising therefrom.


56. Privacy

Protecting the privacy of the Partner and all our users is very important to Beam.

To better understand our commitment to maintaining Partner and User privacy, please read the Privacy Policy published on our websites.


57. Data protection

If the Partner receives personal data about a Beam user who is its customer, it must keep such personal data confidential and may only use it in association with the Beam services.

The Partner may not disclose or distribute any personal data about Beam customers to third parties or use such personal data for marketing purposes unless it receives the express consent of such customer to do so.

The Partner may only carry out marketing actions with Beam users through our Beam services, which comply with all data protection rules.

The Partner is also not permitted to send unsolicited emails to a Beam user, nor to use the Beam services to collect payments for sending unsolicited emails to third parties, or to assist in such sending.

If the Partner processes any personal data about a Beam user under these Membership Terms and Conditions, the Partner and Beam will each be independent data controllers and not joint data controllers.

This means that the Partner and Beam will determine, separately and in isolation, the purposes and means of processing the aforementioned personal data.

Each (Partner and Beam) undertakes to comply with the requirements of any applicable privacy and data protection laws, including any regulations, directives, codes of conduct and regulatory requirements applicable to data controllers in relation to these Terms and Membership Conditions.

Each has and will follow its own independently determined privacy statements, notices, policies and procedures for any personal data that each processes under this agreement.

By complying with applicable data protection laws, each (Partner and Beam) will:

a) Implement and maintain all appropriate security measures in relation to the processing of said personal data;

b) Keep a record of all processing activities carried out under these Terms and Conditions of Membership;

c) Be careful not to act knowingly or intentionally, or knowingly or intentionally permitting any behavior that results in a violation of applicable data protection laws by the other party.

Any personal data collected by the Partner in connection with the Beam services (and not otherwise generated, collected or obtained by the Partner through a separate customer relationship other than the use of the Beam services) will be used by the Partner only to the limited extent that is necessary and relevant for the Beam services and for no other purpose unless the customer’s prior express consent has been obtained.


58. Beam as a login method

We may require the Partner to authenticate with Beam when logging into our websites, services and applications in order to use them.

If Partner allows users to authenticate with Beam when logging into its website, application or customer accounts, it is obliged to accept any specific terms applicable when this functionality is made available to it and to comply with all provisions of any manual or integration guidance.

Beam does not guarantee or otherwise represent the identity of any user of this login method.

We will not share your personal data and other Beam account information that we hold with the Partner unless the user has explicitly authorized the disclosure of such information to the Partner.


59. Reduction, alteration or conversion

The Partner acknowledges and accepts that any liability that Beam may have in relation to its Beam account and Beam products and services may be subject to reduction, alteration or conversion determined by legal or administrative authority, with regulatory powers assigned, in particular, but not exclusively, by European Union Directives.

When using the respective Beam account and any Beam product or service, the Partner acknowledges and agrees to be obliged to comply with and respect the aforementioned provisions, including those that imply:

a) Total or partial reduction of any amount that may be owed by Beam to the Partner;

b) Cancellation of that responsibility;

c) Variation of any provision or provisions of relevant agreements between Beam and the Partner relating to the Beam account and any Beam products and services.


60. Business customers

The Partner acknowledges and accepts that when a problem is identified, it has up to seven days from the date the problem occurred to notify Beam of its existence.

After this date, we have no obligation to investigate and reimburse the Partner.

We are not obliged to comply with the information requirements set out in Title III of the DSP2 Directive and equivalents in any implementation of the DSP2 Directive in Member States of the European Economic Area that may apply to you.

Articles 72 and 89 of the DSP2 Directive and equivalent provisions in transpositions thereof, are not applicable to the Partner’s use of our service, which means that, notwithstanding any other provision to the contrary in these Terms and Conditions of Membership, we are not responsible to the Partner for any loss or damage that the Partner may incur under these articles and provisions.


61. Entire Agreement and Rights of Third Parties

These Membership Terms and Conditions set out the entire agreement between Beam and the Partner in relation to our services.

If any provision of these Terms and Conditions of Membership is considered invalid or inapplicable, it will be deleted, while the remaining provisions will remain in force.


62. Designations

When we use the terms “Beam”, “we” and their derivatives in these Membership Terms and Conditions, we are referring to the Beam platform, application or services, or our affiliates and anyone who works for us or them. entities, or who is authorized to act on behalf of Beam or these entities.

Affiliates include each entity that we control, that controls us or with which we are under common control.

Anyone who works for us or our affiliates, or who is authorized to act on our behalf or on behalf of such entities, includes each of our or our respective directors, representatives, employees, collaborators, agents, participants in joint ventures, service providers and suppliers.


63. Partner Identification

The Partner signing these Terms and Conditions of Membership is the one identified in the membership form on the Beam website, where their legal representative is also identified.


64. Definitions

a) “User” means any user, of any nature, who has the Beam application installed on their smartphone and makes payment for a transaction with the Partner through said application, regardless of the chosen financing source.

b) “Platform” or “application” or “Beam services” means thedigital platform of the Beam brand, the Beam smartphone application and all the services that both offer, both to the user and to the Partner.

c) “Beam Incentive System” means the system through which the Partner provides, as credit in the Beam user’s virtual wallet, part of the final value of the transaction carried out by the latter, using Beam, in its online store.

d) “Virtual Wallet” means the digital wallet of each Beam user, which allows storing money, coming from cashback on transactions carried out, or directly transferred from bank accounts and making payments through Beam.

e) “Cashback” meansthe percentage credit made available, by the Partner, via the Beam incentive system, to the Beam user’s virtual wallet and which the user can use in any future transaction.

f) “Regularizations” means the amount credited to the Partner, by Beam, in relation to transactions carried out by Beam users in the Partner’s online store.

g) “Business Portal” means the interface on the Beam website, made available to the Partner, for them to access Beam services.

h) Membership form: this is the form on the Beam website, which the Partner fills in with their personal and activity data, among others, for the purpose of contracting and using Beam services.


65. Other definitions

a) “API Key” means the Beam application programming interface key;

b) “Beam Account” means the account opened by the Beam user, which allows him or her to use Beam services, namely to make payments;

c) “Compensation” means the charges and commissions applicable to the Partner for the provision and use of Beam services;

d) “Agreement” means the agreement concluded between Beam and the Partner, materialized in these Terms and Conditions of Membership;

e) “Plug-in” means the plug-in that Beam provides to the Partner, who will install it in their online store, and will be able to receive payments made through the Beam platform;

f) “Transaction” means any transaction made by a user, which includes the purchase and payment, through Beam, of goods or services sold in the Partner’s online store;

g) “User Information” means any personal information relating towith a Beam user, including name, address, telephone number, email address and authorized payment coordinates;

h) “Payment Channels” means any payment channels and funding sources to which Beam users’ Beam account is linked;

i) “POS System” means the technological system used by the Partner to execute transactions by users;

j) “Purchase” means the use of Beam services, by Beam users, to purchase goods and services in the Partner’s online store;

k) “Payment for purchases” means the amount in euros or other currency, payable to the Partner, by Beam, during the period of regularization of the purchase of goods and services by Beam users, as applicable and established in the specific section of these Terms and Conditions Membership, excluding applicable Beam charges.


66. Object and advantages

These Terms and Conditions of Adhesion aim to define the conditions for adhesion, by the Partner, to the Beam service provision proposal, namely the provision of Partner access to the Beam platform and its incentive system, with the inherent advantages.

By joining, using and operating transactions through the Beam platform, the Partner now has free access to their exclusive business portal, which allows them to learn about the preferences and consumption behaviors of Beam users who, through the platform , carried out transactions in your online store and gives you the ability to launch and manage your own promotional campaigns, aimed at attracting and retaining customers.

Thanks to the information collected and upon agreement between the parties, Beam will make available to the Partner proposals for targeted marketing campaigns, such as cashback, incentives, vouchers and promotional codes, which the Partner can adopt and adjust to users’ preferences, making them more effective and allowing you to capture, maintain, recover and build customer loyalty.


67. Incentive system

By joining Beam, the Partner begins to participate in the Beam incentive system, being obliged to grant the Beam user, for each transaction carried out through Beam in their online store, cashback in the minimum amount corresponding to the percentage of the price of the product or service indicated by the Partner in the membership form on the Beam website.

The Partner may increase the percentage associated with cashback, particularly within the scope of marketing campaigns it intends to carry out.

Cashback is made available by the Partner to Beam, which will credit the respective amount to the Beam user’s account, deducted from the compensation for the services provided.


68. Beam Bonds

a) Allow the installation and configuration of the Beam e-commerce plug-in in the Partner’s online store, so that users can pay for purchases made there through the Beam platform, and Beam cannot be held responsible for any losses arising from insufficient quality of the connection to the existing internet network;

B) Provide the Partner with all the information necessary to operate the Beam services and accept payments through the Beam platform, as well as explaining its operation and advantages;

c) Publish, on the Beam platform, for the knowledge of all users, information about the Partner’s business and online store, namely its object, description, photographs, contacts, website and comments, provided that the Partner makes such information available to us;

d) Make available to the Partner, on its Beam business portal, general information about the commercial behavior of users, with a view to increasing transactions and the dissemination, promotion and advertising of the Partner’s business, without prejudice to the legal regulations in force in this matter data protection;

e) Ensure that payment for transactions carried out in the Partner’s online store, exclusively using the balance in the user’s virtual wallet, is not subject to the payment of any fees.


69. Partner Obligations

a) Install and activate the Beam plug-in on your online store’s website, refraining from carrying out, by your own means, any tampering or repairs to this software, which continues to belong to us;

b) Ensure that your website is prepared to operate Beam services and accept payments through the Beam platform;

c) Grant, to each user who pays through Beam, the cashback due for the commercial transaction carried out in the online store, as well as settle the Beam compensation, under the precise agreed terms;

d) Immediately publicize, on your website, online store and social networks, the possibility of, from now on, accepting transactions paid through the Beam platform.


70. Regularization rules

Beam will carry out the regularization via bank transfer, to the bank account with the iban and swift code indicated by the Partner.

The amount to be credited to the Partner will then be deducted from the amount corresponding to the cashback granted, as well as compensation for our services.


71. Duration, cessation and vicissitudes

The agreement resulting from adherence to these Terms and Conditions of Adhesion lasts for three years, being successively and automatically renewable, for equal periods, unless either party expresses its opposition, by registered letter with acknowledgment of receipt, sent to the headquarters of the others, at least ninety days in advance of the scheduled date for renewal.

Either party may terminate the agreement, regardless of just cause, by registered letter with acknowledgment of receipt, sent to the headquarters of the others, at least sixty days in advance of the date of termination.

We may immediately terminate the agreement, without the need for prior notice, in the event that the Partner acts in bad faith, fails to fulfill its obligations, or uses the services provided and made available in violation of applicable legislation. The resolution motivated by this last hypothesis gives us the right to demand compensation from the Partner for all damages, material and non-material, suffered.

If we receive a complaint from a third party, denouncing the improper use of the services contracted here by the Partner, we have the right to temporarily suspend the execution of the agreement, for the period strictly necessary to determine responsibilities, without obligation to compensate the Partner either for whatever title it is.

The Partner may not assign the rights and obligations arising from this agreement to a third party without our prior authorization.


72. Other obligations for the parties

The parties undertake to comply, in their respective capacities, with these Terms and Conditions of Adhesion.

The Partner undertakes to install and maintain, at its own expense, its website and online store in operation and with adequate capacity to operate Beam services, integrating any software and respective updates that are required for these purposes.

Partner must comply with implementation instructions reasonably required by Beam.

After accepting these Subscription Terms and Conditions and installing the plug-in, the Partner may request and we may, at our discretion, provide initial training and/or guidance and instructions deemed necessary, namely Beam manuals in format electronic.

The ownership of any software programs, manuals and other documents related to us and provided to the Partner remains permanently our exclusive property and the agreements, commitments or contracts that the Partner may enter into may never encumber, pledge, sell or compromise them.

The Partner acknowledges that we are the owners of the Beam application and platform, as well as all rights to intellectual creations, intellectual property and all associated trademarks, committing not to contest the validity of such property right.

The Partner recognizes that any appreciation arising from the use of Beam’s intellectual property or intellectual creations constitutes its benefit.

We do not provide any warranty related to the software programs that are part of our application or platform.

We are not responsible for delays in processing or other malfunctions due to events such as fires, failures in telecommunications systems, equipment failures, strikes, riots, riots, wars, failures of suppliers, vendors, processors or transmitters of information and other acts, or causes over which we have no control.


73. Requirements

Transactions can be processed by the Partner in euros or any other currency, under the conditions explained in the specific section of these Membership Terms and Conditions.

The Partner undertakes to keep records of Beam transactions for at least twelve months from the date of the purchase that is the basis of the Beam transaction, this obligation remaining up to twelve months after the eventual termination of the agreement.

Upon our request, Partner will provide, as soon as possible, a readable copy of any record relating to Beam transactions.

The Beam platform is able to issue daily reports with Beam transactions carried out through the Partner’s online store.


74. Acceptance

The Partner declares to accept Beam transactions and services from users for the purchase of goods and services it provides in the online store.

The Partner agrees that any applicable credit, vouchers or promotional offers to users, as set out in these Membership Terms and Conditions, will be redeemable by the Partner for an amount equivalent to the face value of the relevant credits, vouchers or promotional offers.

The Partner agrees not to redeem in cash or equivalent any relevant credits, vouchers or offers to Beam users.


75. Payment for purchases

For the purposes of this section, “transaction date” means an electronic statement (accessible through the business portal) that reveals the authorization code for any Beam transaction that is subject to payment for purchases.

Payments for purchases will be made by transfer to the bank account indicated, in writing, by the Partner, in accordance with these Terms and Conditions of Membership, with such payments being made by Beam.

By our decision, payments for purchases may, alternatively, be made by clearing through the platform.

In any of these cases, Beam charges will be settled as established in the Membership Terms and Conditions.

Compensation for the services we provide cannot be less than 25% of the cashback, discount or benefit granted by the Partner to the user.

Simultaneously with the regularization of purchase payments through the Beam portal, we will make information about transactions available to the Partner.

The Partner must, within seven days from the date on which the transaction data became available, verify the purchase payments and if you wish to dispute the transaction data or purchase payments, notify us in writing (notification of objection).

If we do not receive notification of dispute within the aforementioned period, data on purchase transactions and payments will be considered irrevocably accepted by the Partner.

If a notice of dispute is issued, the parties shall make every effort to amicably resolve any dispute and if the dispute cannot be resolved amicably, it will be subject to resolution proceduresspecified in these Membership Terms and Conditions.

We will notify the Partner in writing of any overpayment (overpayment notification).

If you wish to dispute the excess, the Partner must do so in writing, within seven days from the date of receipt of notification of the excess payment.

If the Partner does not dispute the excess within the respective deadline, we may reverse or seek to reverse through the Beam portal the excess payment through a debit or offset against future payments due for purchase payments.

Payments for purchases to be made to the Partner include all tax charges applicable to Beam, and we do not have to bear tax charges other than those for transactions.


76. Data

The Partner will keep its access credentials to Beam services in a secure location, only accessible to selected employees, committing not to share them with third parties.

The Partner will maintain appropriate security procedures to control access to users’ confidential information.

The Partner declares that it will only process and access any information relating to users’ personal data in accordance with the applicable rules of law, namely the General Data Protection Regulation (Regulation EU 2016/679, of the European Parliament and of the Council, of April 27, 2016) and the Personal Data Protection Law (Law no. 58/2019, of August 8).

The Partner confirms that, if applicable:

a) It will protect, by means of a password, access to any information relating to users held on the internet or other media, reserving said password only for selected employees;

b) You will not request, use and store any information relating to users for purposes unrelated to Beam transactions, or that you know to be fraudulent;

c) You will not provide information about users to third parties, except when requested by Beam, nor will you buy, sell or exchange user information in any way;

d) Keep, in a safe place and only accessible to selected employees, records containing information about users;

e) It will not request or retain the personal identification number, for any reason or reason, from a user.

We confirm that we will not have access to data held by the Partner, except for that which, by mutual agreement, is provided by the Partner for the sole purpose of processing transactions relating to the provision of Beam services.

Beam will adopt all necessary legal measures to safeguard personal data, personal identification and any information of the Partner and users, through physical, electronic and operational policies and practices, with all data and information considered confidential and not shareable with third parties.


77. Invalid transactions

Without prejudice to the provisions of previous sections, a Beam transaction is considered invalid when:

a) It is illegal or prohibited under any legal provision;

b) Beam or the organization responsible for the payment channel refuses to authorize the Beam transaction, regardless of the reason;

c) The Partner knows that the transaction is not being carried out by the Beam user himself;

d) The Partner is in breach of these Terms and Conditions of Membership.

The Partner undertakes to compensate us for any losses we incur as a result of an invalid transaction attributable to them.

The Partner also agrees to directly reimburse the user, within a reasonable period set by the user or by us:

a) For amounts and charges that exceed the amount due for the goods or services provided;

b) For amounts and charges charged due to error, negligence or for the supply of goods or services that were not provided within the agreed period;

c) For amounts and charges charged incorrectly or fraudulently through the use, by a third party, of the Partner’s access, without the consent of the Partner and Beam.


78. Confirmations and commitments

The Partner is exclusively responsible for fulfilling its obligations towards the user, including the supply and delivery of goods or services transacted in its online store.

When, as a result of events beyond our control, our services, or some of them, are not working, we will not be responsible for any losses or inconveniences that the Partner may suffer.

The Partner undertakes to sell products and provide services to the Beam user at the same price as that required from customers who do not use Beam to pay for the transaction.

The Partner undertakes not to refuse purchases from Beam users and also not to give preference to the use of other payment methods.

The Partner undertakes not to refuse to apply valid and normal discounts to Beam users who want to make purchases through Beam services and which are offered to customers who make payments in cashor other form of payment.

If requested by us, the Partner agrees and undertakes to provide Beam with a copy of its incorporation and commercial registration documents, licenses and other authorizations officially required to conduct its commercial activity, in order to allow confirmation of which operates in the market in compliance with current legislation.

The Partner undertakes to conduct its business covered by these Membership Terms and Conditions in accordance with the best commercial and business practices.

The Partner must not make or provide any illicit product or service for which payment is made through Beam services.


79. Suspension

If the Partner receives, at any given time, without apparent justification, a number or amount of Beam transactions much higher than its average, we may suspend its access to the use of Beam services.

If Beam and the Partner do not agree on how to resolve the aforementioned suspicion, we may terminate the agreement resulting from these Membership Terms and Conditions.


80. Other reasons for resolution

Without prejudice to other situations provided for in these Membership Terms and Conditions, we may terminate the agreement with the Partner, with or without prior notice, if the Partner, in particular:

a) Provide incorrect or misleading information, or omit any materially relevant information, when accepting these Terms and Conditions of Membership;

b) Process an illegal or prohibited transaction.

c) Failure to comply with any law or provision set out in these Terms and Conditions of Membership;

d) It is declared insolvent, is subject to a special revitalization process, or, for any reason, a judicial administrator has been appointed;

e) Enter into liquidation or enter into an agreement with creditors;

f) Cease activity;

g) Allow a third party to use our Beam services without our prior authorization.


81. Effects

Without prejudice to the provisions previously set out in these Membership Terms and Conditions, in the event of termination, in any way, of the agreement between Beam and the Partner:

a) The agreement will become null and void as of the date indicated in the termination or the date on which the termination took place, depending on the case;

b) We will immediately terminate Partner’s access to Beam services;

c) The Partner must immediately stop processing any transactions through Beam;

d) We will no longer accept transactions from the Partner;

e) The Partner is obliged to comply with any additional instructions from Beam, in relation to software or hardware provided to it;

f) The Partner must cease any use of the application, the business portal and any trademark, intellectual property or intellectual creations.

Please note that the end of the agreement does not affect the rights and obligations previously assumed, namely in these Terms and Conditions of Membership.


82. Beam Disclaimer

The Partner agrees to indemnify and hold us, as well as our representatives, namely directors and employees, exempt fromclaim or demand, including legal costs, submitted by third parties as a result of non-compliance with these Terms and Conditions of Membership, or the violation of any law or third party rights, related to the use of Beam by the Partner.

More agreeto indemnify and keep us, as well as our representatives, namely directors and employees, exempt from anyany loss or damage incurred as a direct or indirect consequence of third party access to the Partner’s account.

The Partner further agrees to indemnify and hold us, as well as our representatives, namely directors and employees, harmless from any claims, losses, damages or liabilities that we may incur due to:

a) Failure of the Partner to comply with its obligations established in these Terms and Conditions of Membership;

b) Error, fraud or negligence of the Partner, or its employees, or collaborators;

c) Processing, by the Partner and/or its employees or collaborators, with incorrect information, of a Beam transaction;

d) Failure by the Partner to comply with any change in processes, not complying with our warning;

e) Processing, by the Partner and/or its employees or collaborators, of an illegal or prohibited transaction.

Beam is not legally responsible for illegal information stored and made available on the Beam application at the request of the establishment owner, as long as he was not aware of their illegality.

Beam will also not be responsible if it removed illegal information as soon as it became aware of its illegality.

Beam is not obliged to actively control and investigate the information provided by the participating merchant, in particular to determine whether it is illegal or not.

The provisions on compensation contained in this section remain valid even after the expiration or cancellation, for any reason, of these Terms and Conditions of Membership.

Upon termination of these Membership Terms and Conditions, the Partner will not be entitled to claim, from Beam, any compensation, refund or compensation for loss of clientele, goodwill, loss of profits on advance sales, income or similar, or indirect or consequential losses.


83. Indirect or sequential losses

Without prejudice to the provisions of previous sections, neither party will be responsible for any indirect or consequential losses suffered by the other party, which result from the other party’s fault or negligence.


84. Beam’s Financial Responsibility

Regardless of the fact that gives rise to it, Beam’s eventual financial liability cannot exceed the total value of the transaction that gave rise to the respective dispute or divergence.


85. General rules

If any provision of these Terms and Conditions of Membership is considered invalid, illegal or non-binding, it will be considered non-existent, the others remaining fully valid.

If, on a given occasion, Beam does not act in relation to a breach by the Partner, this does not prejudice the right to subsequently act against that or others in relation to subsequent or similar breaches.

Subscription to these Membership Terms and Conditions is not suitable for creating an agency, employment, joint venture or any other form of employment relationship between us and the Partner, both remaining legally independent entities, without authority to bind each other.


86. Single convention

These Membership Terms and Conditions constitute the only agreement between us and the Partner, regarding the matters covered therein, prevailing over any negotiations or other prior agreements.

Any statements, provisions, commitments or arrangements, whether oral or written, express or implied, will have no force or effect other than that set out in these Terms and Conditions of Membership.


87. Effectiveness

The Partner expressly acknowledges, declares and accepts that they have read these Membership Terms and Conditions, having understood their content and scope, namely the terms, conditions, consequences, rights and obligations set out therein.

The Partner agrees with the content and scope of the Membership Terms and Conditions, having expressed, in a free and clear way, the desire to subscribe to them and be subject to them, translated by filling out the membership form available on our website and ticking of the option that exists there for this purpose.

Membership is considered complete and the provisions of these Membership Terms and Conditions take effect from that moment.