MoonMX Cardholder Agreement
Multiple Credit Products and Electronic Media Services Contract (the "Contract") entered into by and between Luna Tarjetas y Tecnologías, S de R.L. de C.V. ("MoonMX"), on one part, and THE CLIENT (the "Client" or "You", and jointly with MoonMX, the "Parties"), on the other part, in accordance with the following representations, definitions and clauses:
REPRESENTATIONS
I. - MoonMX represents, through its legal representatives, that:
a) It is a limited liability company with variable capital, incorporated in accordance with the laws of the United Mexican States ("Mexico"), and is duly registered in the Public Property and Commerce Registry.
b) Its domicile is located at Coahuila 223 Interior 300, Roma Norte, Cuauhtemoc, Mexico City, Mexico.
c) Its legal representatives have sufficient authority to enter into this "Contract".
d) The address of its website is moonmx.com.
e) It desires to enter into this "Contract" with the CLIENT, with the purpose of providing the services referred to herein.
II. - The CLIENT represents, under penalty of telling the truth, that:
a) They are an adult natural person with full legal capacity to enter into this "Contract".
b) All information provided to MoonMX is true, and it is their will to enter into this "Contract" to be bound by the terms and conditions established herein.
c) In entering into this "Contract", they are acting on their own behalf.
d) The origin of the funds related to the products covered by this "Contract" is lawful and the CLIENT is the sole owner and provider of funds.
e) Prior to signing this "Contract", MoonMX and/or its business partner made the contents known to them and, once entered into, the "Contract" and applicable "Terms and Conditions" for any business partner through which they access MoonMX's services, cards or products contracted hereunder were delivered to them via email.
DEFINITIONS
For purposes of this "Contract", the terms indicated below shall have the following meanings:
● "CHIP" Means the integrated circuit contained in your physical Credit Card.
● "Contract and/or Terms and Conditions" Means, collectively, this instrument, the Business Partner's Terms and Conditions, and any other annex that may be added in the future and, if applicable, will be sent to your email upon acceptance of this Contract. The Contract can be consulted at any time at https://moonmx.com/
● "Total Annual Cost (CAT)" The Total Annual Cost of financing expressed as an annual percentage rate that, for informational and comparison purposes, incorporates all inherent costs and expenses of the Credit.
● "Credit or MoonMX Credit" Means the simple credit product associated with a credit card that MoonMX makes available to you under this Contract.
● "Business Day" Means any day (except Saturday or Sunday) on which banking institutions are not required to close their doors or suspend operations, pursuant to the general provisions issued for such purpose by the National Banking and Securities Commission.
● "Mobile Device" Means the technological equipment that allows you to access mobile applications to use the Electronic Media Services provided by MoonMX.
● "Account Statement" Means the document that MoonMX will make available to you via the email address you have registered and referred to in Clause 26 of this Contract.
● "Authentication Factors" Means the mechanisms used by MoonMX to verify your identity and authenticate you to perform Transactions.
● "Cut-Off Date" Means the day of each monthly period on which the recording of transactions made with the Card will conclude and the next monthly period will begin, as indicated on your Account Statement.
● "Payment Due Date" means the deadline to make the payment for the Outstanding Balance of the corresponding monthly period, which you can check on your Statement of Account. When this date falls on a non-Business Day, it will be moved to the immediately following Business Day.
● "Electronic Signature" means the data in electronic form contained in a Data Message, or attached or logically associated with it by any technology, which are used to identify the Signatory in relation to the Data Message and indicate that the Signatory approves the information contained in the Data Message, and which produces the same legal effects as a handwritten signature, being admissible as evidence in court.
● "Signatory" means, for the purposes of this Agreement, the Customer contracting the products offered in this Agreement.
● "Ordinary Interest" means the amount resulting from applying the annual ordinary interest rate indicated in this Agreement or the Commercial Partner's Terms and Conditions.
● "Collateral Guarantee or Collateral" means as a guarantee for the fulfillment of each and every obligation undertaken in this agreement by the Customer, they irrevocably assign to MoonMX any guarantee payment made to MoonMX from now on, with the understanding that the assigned amount must always maintain a ratio of no less than 1 to 1 in relation to the Outstanding Credit Limit Balance. All amounts you provide to MoonMX to guarantee your Credit Limit with MoonMX will be available to MoonMX to cover any expense authorized by this agreement. If you choose to use the remaining amount of your Guarantee to settle an Outstanding Balance, or if a portion or all of the Guarantee is settled due to non-payment, the Guarantee amount will be reduced by the settled amount and the remaining amount will be considered the active Guarantee going forward. Any amount provided to guarantee your Credit Limit will be the property of MoonMX until, at your request, the non-settled amount is returned through the original payment method. There will be no accessory benefit or interest granted during the term of the Guarantee or at the time of its partial or complete return.
● "Late Payment Interest" means the amount resulting from applying the annual late payment interest rate indicated in this Agreement or the Commercial Partner's Terms and Conditions, which will always be equal to 1.75 times the Ordinary Interest rate, on the past due Outstanding Balance in accordance with the clause entitled "OUTSTANDING BALANCE/CREDIT LIMIT".
● "VAT" means, by its acronym, Value Added Tax.
● "Credit Limit" means the available amount of your Credit, which will decrease based on the charges you make to your Credit.
● "Visa or MasterCard or Carnet or their equivalents" mean, for the purposes of this Agreement, the clearing houses responsible for routing, clearing, and settling the Transactions you make linked to your Credit.
● "Technological Identification Mechanism" means the technological procedure through which MoonMX will verify your valid identification document.
● "Electronic Medium" means the equipment, optical media or any other technology, automated data processing systems and telecommunication networks through which you can use the services that MoonMX makes available for contracting products and carrying out Transactions.
● "Data Message" means the information generated, sent, received or archived by Electronic Media, optical or any other technology.
● "National Currency" means Mexican pesos, that is, the legal tender currency in the United Mexican States.
● "PIN" means the Personal Identification Number that, for the purposes of this Agreement, you designate during the contracting of your Credit.
● "MoonMX" means Luna Tarjetas y Tecnologias, S. de R.L. de C.V.
● "Transactions" means all those transactions that you can carry out, order, authorize or execute through the Services under the terms set forth in this Agreement; as well as the transactions you make through your Credit Card, charged to the Credit under this Agreement.
● "Website" means the electronic address https://moonmx.com/
● "Minimum Payment" means the minimum amount indicated on the Statement of Account that you must pay on or before the Payment Due Date to avoid generating Late Payment Interest, in accordance with the provisions of this Agreement. That is, if you make your Minimum Payment on or before the Payment Due Date, you will only have to pay Ordinary Interest on your Outstanding Balance. This minimum value is established in accordance with Clause 14 entitled "PAYMENT OF PRINCIPAL AND INTEREST" of this Agreement.
● "PROFECO" means the Federal Consumer Protection Agency.
● "Beneficial Owner" means that natural person who, through another person or any act or mechanism, obtains the benefits derived from an account, contract or Transaction and is ultimately the true owner of the resources, having rights of use, enjoyment, exploitation, dispersion or disposition over them.
● "Provider" means any establishment operated by a third party that provides services or sells goods in Mexico and/or abroad. Remember that you can only use your Credit to pay Providers that accept it and whose line of business is legal and approved by MoonMX.
● "Resource Provider" means a person who, without being the holder of the Credit, regularly provides resources to it without obtaining the economic benefits derived from it.
● "RCAL" means the "Online Adhesion Contract Registry" administered by PROFECO.
● "Outstanding Balance" means the pending payment amount derived from the Credit and demandable by MoonMX, in accordance with the provisions of this Agreement.
● "Advanced Mobile Services" means the Online and Application-based Electronic Service, in which the Access Device is uniquely associated with the User Identifier, by means of any unique information or data from the Access Device itself.
● "Basic Mobile Services" means the Online and Application-based Electronic Service in which the Access Device is uniquely associated with the User Identifier, by means of any unique information or data from the Access Device itself, with the entity being required to automatically obtain the information or data from the corresponding Access Device, and only allowing balance inquiries regarding the accounts or cards associated with the service, as well as Monetary Transactions limited to fund transfers and payments for goods or services, in both cases, up to the equivalent in national currency of Medium-Value Monetary Transactions per User, charged to the cards or bank accounts associated.
● "Online and Application-based Electronic Services" means the set of services and operations that MoonMX and/or its affiliated providers may offer you through Electronic Means.
● "Commercial Partner" is any natural or legal person that has a commercial relationship with MoonMX and through which the CLIENT can access MoonMX's services, cards or products.
● "Credit Application" is the electronic format you complete, which contains your general data and necessary information for MoonMX to evaluate whether it can grant you the Credit you are requesting.
● "SPEI" means the Interbank Electronic Payment System administered by the Bank of Mexico.
● "Credit Card" means, jointly, the Physical Card and/or Virtual Cards you obtain as a means of drawing on the Credit under the Agreement.
● "Physical Card" means the physical payment and drawdown medium issued by MoonMX in your favor, which is personal and non-transferable, for use in national territory and abroad, issued free of charge under this Agreement. The Physical Card will have an integrated circuit or CHIP that can store and process information in order to verify the transactions you make, through cryptographic procedures.
● "Virtual Card" means the digital payment medium issued by MoonMX in your favor, which is personal and non-transferable, for use in national territory and/or abroad, issued under this Agreement and to which you have access through the Services.
● "Mobile Phone" means the smart device for accessing telephone services, which has an assigned unique identification number and uses public cellular or radio frequency communication.
● "Commercial Partner's Terms and Conditions" is the document that the commercial partner and service provider makes available to the CLIENT and which contains the specific terms and conditions under which the CLIENT may access MoonMX's services, cards or products through said commercial partner.
● "Brand Owners" means, for purposes of this Agreement, VISA, Mastercard, Carnet and/or any other brand accepted in Mexico.
● "CAU or Customer Service Center" means MoonMX's Customer Service Center, whose purpose is to address Customers' inquiries, claims and/or clarifications. In case you have accessed MoonMX's services through a commercial partner, you may receive assistance from both MoonMX's CAU and the commercial partner's customer service, as appropriate to the nature of your inquiry. Inquiries related to the Credit, Card and Transactions must be directed to MoonMX's CAU, while inquiries related to the commercial partner's specific services must be directed to their customer service.
The aforementioned definitions shall equally apply in their singular and plural forms as required by context; any pronoun shall include the corresponding masculine, feminine and neutral forms. Unless expressly stated otherwise, all references to Clauses, sections, or annexes shall be interpreted as references to the Clauses, sections or annexes of this Agreement. The words "hereof", "herein", "hereunder", "in this agreement", "this agreement" "hereinafter" and words of similar meaning, when used in this Agreement, shall refer to this Agreement as a whole and not to any particular Clause, section, paragraph, article or part of this Agreement.
Any reference to the second person singular (you, your, etc.) shall refer to the Client. Likewise, any reference to the first person plural or singular (we, us, our) shall refer to MoonMX.
INDEX OF PRODUCTS OR SERVICES
This Agreement covers the products indicated below, and their formalization shall be documented through the Terms and Conditions that MoonMX and/or its commercial partner delivers to the Client for each of the contracted products or services, subject to the consent granted by the Client through the Electronic Means enabled for this purpose in accordance with the provisions of Clause 1 of this instrument.
1. MoonMX Credit Card
2. Online and Application-based Electronic Services
CLAUSES
CHAPTER I. PURPOSE AND FORMALIZATION OF PRODUCT CONTRACTING
1. PURPOSE AND CONSENT. This Contract establishes the applicable terms and conditions for the products and services listed in the "Product Index" mentioned above ("the Services"), which MoonMX will provide to you if you express your consent to contract each of them through MoonMX. It is important that you take into account that the Services are presented through electronic means, which will serve as a communication channel between the parties, to contract the products and services covered by this Contract; however, the use of these does not imply the automatic contracting of them, since for this you must request it and express your consent in accordance with the provisions of this clause. You will only be obliged to the terms and conditions of the product or service that you consent to contract, as well as the generally applicable terms and conditions.
1.1. The Parties agree that the Client's express consent for the contracting of any product or service covered by this Contract will be granted through the Electronic Means and/or Electronic Signature in accordance with applicable laws and regulations. Said consent will have the same legal effect as that produced by a handwritten signature.
1.2. The formalization of the contracting of the products and services covered by this Contract will be effected with the delivery, through the email address you register, of this Contract, the applicable Partner's Terms and Conditions, and any other document that MoonMX or its commercial partner deems necessary to make available to you.
1.3. Likewise, you hereby acknowledge that this Contract is registered in the RCAL and you may consult it through said registry. Furthermore, this Contract will be available at all times on MoonMX's website for your consultation.
1.4. With the acceptance of this Contract, you consent for MoonMX to provide information related to this Contract solely and exclusively to those providers who need to know it in order to provide the services covered by this Contract, under the terms and subject to the conditions set forth in MoonMX's privacy notice, which can be consulted at https://moonmx.com/
1.5. You express your understanding and acceptance for MoonMX to access the geolocation of your Computer or Mobile Phone during the contracting process of any of the products it offers and at the time you perform Transactions.
1.6. The Parties agree and acknowledge that in the contracting of any of the products covered by this Contract, MoonMX does not condition its execution, opening or granting on the Client contracting any other product. MoonMX may offer you products and services from other entities that may be linked to the products and services offered in this Contract, provided that MoonMX has your express consent to contract the additional or linked products or services with the products detailed in this Contract, and it is your undeniable right to contract said services or products through an independent third party other than the entities suggested by MoonMX.
CHAPTER II. CLAUSES APPLICABLE TO THE CREDIT CARD
2. CREDIT OPENING. Through this Contract, MoonMX makes the Credit available to you.
2.1. The credit opening will require a Collateral deposit that will be charged and received by MoonMX as a precondition to establishing a Credit Limit with MoonMX.
2.2. MoonMX will be obligated to pay on your behalf and order, the goods and services provided to you by the establishments where you pay with your Credit, up to the amount of the purchase made with it, provided that you have an available balance on your Credit Limit.
2.3. The Credit amount does not include interest or expenses that may be incurred and/or derived from the Credit.
3. MEANS OF CREDIT UTILIZATION. As a result of the granting of the Credit and so that you can use it, MoonMX will issue you Virtual Cards, and, for an extra charge and upon your request, a Physical Card that will be sent to the address you indicate during contracting. Both card forms will be for national and international use.
3.1. When you receive your Physical Card, you must activate the card through the customer service center. For security reasons, MoonMX will always send you the Physical Card deactivated for use.
3.2. For your security, MoonMX may preventively block any of the Credit Cards if we detect unusual Transactions and/or if we consider it necessary for you to send new documents, photos or access proofs to your Mobile Device to prove your identity, in which case we will be clear about what documents or proofs you need to send and they will be requested from you in advance through your email.
3.3. You will be the sole and exclusive holder of the Credit Card, so its use is personal, that is, no one other than you can use it. The use of the Credit Card by anyone other than you will be grounds for termination of this Contract without liability for MoonMX.
3.4. With your Credit Card you can pay for goods, services, taxes and other items, as well as withdraw cash through ATMs or through the commissioned agents that MoonMX may have enabled, which will be informed to you through our Website.
4. FEES AND CHARGES. MoonMX charges certain fees and commissions for the products and services covered by this Contract.
However, if you have acquired the card through a third-party partner that is not MoonMX, additional fees and charges specific to their terms of service and your relationship with them may apply. Be sure to review any additional terms provided in the context of acquiring this card, as the listed charges may not be a complete list of the charges associated with using your card, according to third-party fees and commissions.
The fees and commissions charged by MoonMX include:
[#] Concept: Amount; Frequency
[1] Fixed Regular Interest Rate: 0%; N/A
[2] Annual Fee: $0; N/A
[3] Physical card (original): $0; N/A
[4] Replacement of physical or virtual card: $50 USD + VAT
[5] Cash withdrawal from ATMs in Mexico: $0; N/A
[6] Cash withdrawal from ATMs abroad: $0; N/A
[7] Foreign use, per transaction: $0; N/A
[8] Collection expenses: $0; N/A
[9] Minimum opening amount: $0; N/A
[10] Inactivity fee: $0; N/A
[11] Minimum balance: $0; N/A
4.1. The commissions and charges described in this section correspond solely to the services provided directly by MoonMX. The commercial partner through which you accessed MoonMX's services may charge additional commissions and fees for their own services, which:
a) Will be independent of MoonMX's commissions and charges;
b) Will be established in the Commercial Partner's Terms and Conditions;
c) Will be charged directly by the commercial partner; and
d) May include, but are not limited to: service fees, payment processing charges, or other specific charges from the commercial partner.
4.2. It is your responsibility to review and accept both MoonMX's commissions and those of the commercial partner before using the services. MoonMX will not be responsible for the commissions and charges collected by the commercial partner.
5. ACTIVATION. You may begin using the Physical Card and/or Virtual Card once you have activated it by following the steps that MoonMX will communicate to you through the customer service center, with the understanding that following that process implies that you are expressly requesting the activation of either your Physical Card and/or Virtual Card. In any case, to access the customer service center and activate your Physical Card and/or Virtual Card, you must use the Authentication Factors that you have registered under the terms of this Agreement. The Physical Card will always be delivered to you deactivated.
5.1 No charge made to your Credit will be valid if your corresponding Credit Card has not been activated, except for recurring charges or those you have previously authorized, and there has been a replacement.
6. CHARGES TO YOUR CREDIT. As a Client, you acknowledge and authorize MoonMX to make the following charges to your Credit:
I. The amount of payments for goods, services, taxes, and other concepts that MoonMX makes on your behalf, when: (a) you sign sight promissory notes or other documents accepted by MoonMX with your handwritten signature and/or any means that substitutes your handwritten signature, and they have been delivered to the establishment; (b) they have been authorized by means of your PIN or by electronic means; or (c) you have requested the purchase of goods or services from establishments by telephone or electronic means;
II. The charges and commissions agreed upon under this Agreement; and
III. The Ordinary Interest and Late Payment Interest, as applicable, agreed under this Contract; and
IV. The VAT, or any other tax established by the respective laws.
7. ADDITIONAL CARDS. In the event that MoonMX issues additional cards, you may request them, with the understanding that said cards will be additional means of accessing your Credit, and any charges made with them will be deducted from your available Credit. You will be solely responsible for covering any part of the Credit that has been used through the additional cards. In no case will the persons you have authorized to use the additional cards be jointly or subsidiarily obligated with you in the payment of the Credit, unless these persons improperly use their additional card after your death, in which case, MoonMX may demand from each of them payment for the Transactions they have made charged to your Credit.
8. OUTSTANDING BALANCE/CREDIT LIMIT. The Outstanding Balance will be composed of: (i) charges made to the Credit derived from Transactions and/or transactions made with the Credit Card, including deferred or installment purchases; (ii) charges made based on prior authorizations for transactions with the Credit Card; (iii) interest and taxes; and (iv) renegotiation of the payment terms of the Credit Card in agreement with MoonMX.
8.1. You may consult the total amount of your Credit, your Outstanding Balance, and your Credit Limit: (i) through the Online and Application-based Electronic Services, or; (ii) the Statement of Account that we will send to your email when your Credit is not fully secured by the Collateral.
9. REDUCTION OF CREDIT BY MOON. MoonMX may restrict the use or decrease the Credit Limit, for which you will be notified via your email.
10. REDUCTION OF CREDIT LIMIT AT CLIENT'S REQUEST. You may request a reduction of your Credit Limit at any time through the customer service center (CAU) or through the service channels it provides and informs you about through the Services.
11. INCREASE OF CREDIT LIMIT. According to your Collateral contributions, MoonMX may offer you an increase to the amount of your Credit Limit. For this increase to take effect, you must first accept it through the Services by using the Authentication Factors requested for that purpose. You will always have full discretion to accept or reject the Credit Limit increase, and MoonMX can never increase your Credit Limit without your prior consent.
11.1. Remember that, in case it is appropriate under the previous point, MoonMX will only offer you an increase in your Credit Limit through the Services, so we will not call you or send you any mail in these cases. If you receive an email that appears to be from MoonMX with this content, notify us immediately and please disregard it, as it could be an attempted fraud.
12. PURPOSE OF THE CREDIT. You may only use the Credit, as stated in the Credit Application, for strictly personal and lawful purposes, accepting that otherwise, you may be subject to applicable civil and criminal sanctions.
13. CREDIT OPERATION AND USE OF PHYSICAL CARD AND/OR VIRTUAL CARD. You may access the Credit using your Physical Card and/or Virtual Card at locations that accept it as a means of payment, as well as: (i) to pay for goods or services at locations that allow payments with this means of access, in which case for each purchase you must show your Physical Card and sign a promissory note payable on demand, or any document accepted by MoonMX by handwritten signature or any means that substitutes your handwritten signature, such as your PIN. Additionally, if requested, you must present your official photo ID to complete the Transaction; (ii) by requesting MoonMX in writing to make payments on your behalf and charge for any goods, services, taxes and/or any other services, provided that MoonMX agrees to make them; (iii) to pay for goods or services at establishments that allow payments using this means of access, through purchases you have made by telephone or electronically as applicable with establishments that allow this service; and (iv) through the authorizations you grant to third parties to instruct MoonMX to make periodic and/or deferred charges to the Credit subject, as applicable, to the terms and conditions of the periodic and/or deferred charge you have agreed with the third party.
13.1. The unauthorized use of your Credit may result in its blocking or cancellation, in which case the Credit Card as a Means of Withdrawal will be blocked or canceled. MoonMX considers the following as unauthorized use: (i) performing Transactions to withdraw funds from your Credit using collection tools such as point-of-sale terminals, payment links and/or applications, attempting to evade the permitted costs and limits related to cash withdrawals ("self-funding or cash-out"); (ii) attempting to commit fraud against a merchant, or an individual or legal entity, (iii) the payment for any good or service contrary to legal and administrative provisions, morals and good customs; (iv) the payment for goods or services that promote or contain sexual content involving minors under 18 years of age, related to pedophilia, pornography, nudity of minors, whether real or simulated; and/or (v) operations that promote or facilitate or allow violence of any kind, discrimination of any kind, prostitution, money laundering, terrorism or its financing, trafficking or production of weapons, persons or animals, illegal substances, or other illegal activities.
13.2. You agree and are aware that MoonMX may terminate this Contract and/or suspend, cancel, temporarily or permanently your Credit if it determines that you carried out any of the actions described in the previous paragraph or if MoonMX discovers or has reasonable suspicion of fraudulent or criminal behavior related to your Credit or expenses.
13.3. You expressly authorize MoonMX to charge and, therefore, charge your Credit with the interests, taxes or as agreed in this Contract. With certain types of purchases (such as those made at restaurants, hotels or similar purchases), your Card and/or Credit Limit may be "pre-authorized" for an amount higher than the transaction amount to cover tips or unforeseen expenses. Any pre-authorization amount will place a "hold" on your available funds until the merchant sends us the final payment amount for your purchase. Once the final payment amount is received, the held pre-authorization amount will be removed. During this time, you will not have access to the pre-authorized amounts. If you authorize a transaction and then do not make the purchase of that item as planned, the approval may result in a hold on that amount of funds.
13.4. Any deferred or installment payment agreed upon outside of the Services regarding a purchase made with your Credit will be your responsibility and that of the establishment that sold said good or service.
13.5. Likewise, when making deferred or monthly installment purchases, you are aware that the total amount of the purchase price plus the corresponding interest and VAT will be charged to the Credit Limit, and that the amount corresponding to each installment will be released for respective payment on the Cut-off Dates.
13.6. MoonMX is not responsible in cases where the establishment has restrictions on the use of the Physical Card and/or Virtual Card. Likewise, MoonMX will not be responsible for discrepancies or disagreements regarding the price, condition, quality or delivery of the services or goods acquired through the Credit.
14. PAYMENT OF PRINCIPAL AND INTEREST. Monthly, you must pay MoonMX by the Payment Due Date at the latest: (i) the total Outstanding Balance as of the respective Cut-off Date, in which case no Ordinary Interest or Late Payment Interest will be generated; or (ii) partially pay the Outstanding Balance as of the respective Cut-off Date, which may be: (a) the amount corresponding to the full Minimum Payment owed, in which case only Ordinary Interest will be generated on the daily Outstanding Balances; or (b) a portion of your Minimum Payment, in which case Ordinary Interest and Late Payment Interest will be generated under the terms explained below. MoonMX will settle your Outstanding Balance with the remaining amount of your Collateral, if another payment is not made before the Payment Due Date.
15. COLLATERAL PAYMENT. You may make Collateral contributions through any of the payment methods accepted by MoonMX, which will be considered Collateral payments aimed at increasing your MoonMX Credit Limit.
16. ORDINARY INTEREST. As a Client, you are obligated to pay MoonMX Ordinary Interest (plus respective VAT), at a fixed annual interest rate on the Outstanding Balance of your Credit from your Payment Due Date. The Ordinary Interest rate is indicated in this Contract or in the Commercial Partner's Terms and Conditions. Interest will be calculated by multiplying the average daily Outstanding Balances by the annual interest rate, by the number of actual calendar days elapsed during each calendar month and dividing the result by 360 (three hundred and sixty). Interest payment cannot be demanded in advance, but only for expired periods. The interest amount resulting in accordance with the provisions of this clause will accrue VAT.
17. LATE PAYMENT INTEREST. If you do not pay at least the Minimum Payment on your Payment Due Date, you must pay Late Payment Interest, which will be calculated as follows: (1) In case the Credit has not yet matured (within sixty (60) days after the Payment Due Date): it will be calculated on the amount of the overdue Minimum Payments, in each
Payment period, multiplied by the Daily Ordinary Interest Rate (i.e., the Ordinary Interest of your Credit divided by 360 (three hundred and sixty)) by 1.75 (one point seventy-five), by the number of days in default; and (2) In case your Credit is already due (60 (sixty) days or more from your Due Date): it will be calculated with respect to the Outstanding Balance starting from day 60 (sixty) of default, at the rate resulting from multiplying the applicable daily Ordinary Interest rate by 1.75 (one point seventy-five) by the number of days you have been in default. Remember that a balance is considered due when, after sixty (60) days from your Due Date, you have not paid it off.
18. PARTIAL PAYMENTS. Payments you make towards your Credit will be applied by MoonMX in the following order: (i) applicable VAT, (ii) Late Payment Interest, (iii) Ordinary Interest, (iv) Outstanding Balance from previous monthly periods, and (v) Outstanding Balance of the last monthly period.
19. PERMITTED PAYMENT METHODS. You can make payments towards your Credit for any amount or concept to MoonMX, at: (i) bank branch teller windows enabled for such purposes and listed on the website, or (ii) through the online services enabled by the financial institution of your choice, at any time by bank transfer to the CLABE that MoonMX will provide you for such purposes and that you can consult on the website. Additionally, constantly seeking to provide greater flexibility, we will inform you if there are other ways to make Credit payments, through notifications to your registered email address.
19.1. "Transactions made through financial correspondents may incur an additional Commission, please check before making your transaction."
19.2. In case you accessed MoonMX's services through a commercial partner, you can make payments through the payment methods provided by MoonMX or through the payment methods specifically enabled by the commercial partner. In the latter case, the commercial partner will act as a payment facilitator and MoonMX will recognize the payment once the funds have been effectively received. Processing and crediting times for payments made through the commercial partner may vary according to the specific terms and conditions of the commercial partner.
20. PAYMENT CREDIT DATES. Payments you make towards the Outstanding Balance of your Credit will be credited depending on the payment method you use, either the same day or no later than the next banking business day.
21. PROCEDURE FOR CLARIFICATIONS AND CLAIMS. To clarify and verify any charge appearing on your Statement of Account that you disagree with, you must contact us immediately. The only resolution from MoonMX for an unrecognized charge will be the termination of your Cards, the reset of your PIN and/or password, and the reset of the codes to renew the Cards. MoonMX does not provide any provisional credit or refund for charges made before notifying us of an unrecognized charge or theft or loss of your Card.
In case you accessed MoonMX's services through a commercial partner, claims must be submitted as follows:
a) For charges, transactions or aspects directly related to the Credit Card or Operations: directly with MoonMX through its Customer Service Center.
b) For aspects related to the specific services of the commercial partner, including additional charges or fees charged by the commercial partner: directly with the commercial partner's customer service.
c) In case of doubt about whom to address your claim to, you can contact either of the two customer services and they will guide you on the correct process to follow.
22. UNRECOGNIZED CHARGES. Until the account is registered with verified documents, MoonMX will not credit unrecognized charges. The Cards must be treated like cash. Any unrecognized charge must be immediately reported to the Customer Service Center so that MoonMX can suspend the Cards.
23. THEFT OR LOSS OF PHYSICAL CARD. In case of theft or loss of your Physical Card, you must immediately contact MoonMX to file the corresponding report, through the service channels being: (i) MoonMX chat; and/or, (ii) directly to the customer service center, so that MoonMX can immediately block and cancel the Physical Card.
23.1. MoonMX will assign you a folio or reference number for the report you have filed, where it will keep a record of the date and time you made the report.
23.2. Once the theft or loss of the Physical Card has been reported, MoonMX will suspend any Operations made through said Physical Card.
24. ACCOUNT STATEMENTS. You accept that the Account Statement will be sent to you monthly and free of charge to the email address you have registered, only when your Credit is not fully secured by the Collateral Guarantee. The Account Statement will allow you to know the transactions and Operations recorded during the corresponding period and will clearly indicate the following information: (i) the total amount of charges resulting from the use of your Credit; (ii) the amount of Ordinary Interest and Late Payment Interest, the latter if applicable; (iii) the amounts that will be charged for interest and taxes arising from the financing operations you have contracted; (iv) the Payment Due Date; (v) the Minimum Payment Amount; (vi) the payment instructions; (vii) the Operations; and (viii) the movements made against your Credit. Notwithstanding the foregoing, remember that at any time you may consult your movements and balances through MoonMX's Online and Application-based Electronic Services or its business partners.
24.1. You must verify all charges appearing on your Account Statement. If you do not agree with them, you may request clarification or file a claim with MoonMX under the terms of this Agreement.
24.2. For Account Statements sent when the Credit is not fully secured, MoonMX may suspend sending them if there have been no movements within the last six (6) months, in which case, such Account Statement will be sent at least semi-annually, resuming monthly sending as soon as any movement is recorded.
CHAPTER III. CLAUSES APPLICABLE TO ONLINE AND APPLICATION-BASED ELECTRONIC SERVICES
25. CONTRACTING ONLINE AND APPLICATION-BASED ELECTRONIC SERVICES. To contract the Online and Application-based Electronic Services, you must express your consent electronically.
26. ACCESS TO ONLINE AND APPLICATION-BASED ELECTRONIC SERVICES. To use the Online and Application-based Electronic Services, you must authenticate your identity using a username and password as follows:
i) Your username will be the email address you assigned at the time of contracting. You must maintain access to this email address as it will be the only way we can verify your control over your account.
ii) You must generate your password during the contracting process, and it must comply with the following rules: i) Minimum of eight (8) characters; ii) Minimum of one letter; iii) Minimum of one number; and iv) You cannot use more than three identical consecutive characters.
26.1 MoonMX may modify the rules for operation, access, and authentication rules with the aim of improving your experience and security, which will be notified to you by email as provided in this Agreement regarding modifications to it.
27. LOGIN AND AUTHENTICATION FACTORS. To perform Operations through the Online and Application-based Electronic Services, you must log in with your username and password. If you forget these details, you can contact our customer service channels (chat or email [email protected]). If you attempt to log in using incorrect authentication information more than five (5) consecutive times, your access will be blocked, and you will need to contact the channels referred to here.
28. OPERATIONS THROUGH THE CUSTOMER SERVICE CENTER. You may carry out the following Operations through the customer service center:
• Request an increase to your Credit Limit or, if applicable, request a decrease to the approved Credit Limit;
• Update your customer information;
• Temporarily block your Virtual Card and/or Physical Card;
• Initiate the claim and clarification process for any charge to your Credit; and
• Consult your movements, outstanding balance, Minimum Payment, Payment Due Date, remaining Credit Limit for use, as well as information about your Credit Card.
29. NON-PERFORMANCE OF OPERATIONS THROUGH THE CUSTOMER SERVICE CENTER. MoonMX will not be obligated to provide services or carry out the Operations instructed by you in the following cases:
• When the transmitted information is insufficient, inaccurate, incomplete or erroneous;
• When your Credit has been closed or blocked;
• When your Computer, Mobile Device, or internet access is not updated, is not compatible or presents any failure, usage restriction or limitations of any nature that prevents access to the service;
• When any of the Authentication Factors do not correspond to those you registered for using the Services or accepting or instructing Operations; and
• When the Operation is rejected by MoonMX based on its internal policy for fraud prevention or prevention of illegal activities.
30. ACCESS AND INSTRUCTIONS. You will have access to the Online and Application-based Electronic Services through the Authentication Factors required by MoonMX.
31. RESTRICTED ACCESS TO SERVICES. MoonMX will prevent you from accessing the Services when it detects an attempt to access fraudulently or without the correct Authentication Factors provided to you or registered by you. In such cases, MoonMX will notify you through the means you enable for this purpose, of how you can access the Services.
32. NON-TRANSFERABLE USE OF SERVICES. You are obligated at all times to make personal and non-transferable use of the Services provided by MoonMX, in accordance with the terms and conditions stipulated herein. You are obligated to operate personally and directly in the generation, delivery, storage, unlocking and resetting of any Authentication Factor linked to the use of the Services.
32.1. You are solely responsible for the use of your Authentication Factors, whether assigned to you or generated by you, so any Operation carried out through the use of the same through the Services will be understood as true and performed by you.
33. SERVICE HOURS. The Operations and Services we offer you will be available to you seven (7) days a week, twenty-four (24) hours a day, unless MoonMX is performing service maintenance. Keep in mind that certain operations may only be credited or reflected in your Credit on Business Days, depending on the availability of services from other financial entities. In other words, this availability will depend solely on the service hours of the financial entities where the accounts you wish to transfer funds from to your Credit are located, as payment of the Outstanding Balance.
33.1. MoonMX may restrict service days and/or hours, although we will try not to do so unless it is a force majeure event. MoonMX will inform you, through the Online and Application-based Electronic Services, whether by email, the MoonMX app, or our business partners' digital platforms, of any changes in service hours.
33.2. MoonMX will inform you through the Online and Application-based Electronic Services, whether by email, the MoonMX app, or the digital platforms of our business partners that you registered when opening your Credit, in case of Service failures, informing you of the service continuity options.
34. EFFECTS OF OPERATIONS, RECEIPTS, AND NOTIFICATIONS. Operations executed successfully with the Card within the permitted days and hours will take effect on the day they are carried out.
34.1. You hereby authorize MoonMX to notify you of the Operations performed by you at the email address designated by you when opening the Credit or through the Online and Application-based Electronic Services.
35. INTELLECTUAL PROPERTY. You acknowledge that the corporate group to which MoonMX belongs owns all the intellectual property used on the https://moonmx.com/ website and in certain of the Services provided. This intellectual property includes the following: a) trademarks, company names, service names, trade notices, trade dress, logos, Internet domain names and other distinctive signs, as well as all related applications, registrations, extensions and renewals; b) patents, patent applications and all related renewals, utility models, utility model applications, addition certificates, related extensions and renewals and invention registrations; c) industrial design registrations and industrial design renewal applications, related extensions and renewals; d) copyrights, computer programs, designs.
35.1. You agree not to violate, reproduce, imitate, in whole or in part, any intellectual property of MoonMX, as well as not to use any intellectual property of MoonMX for purposes other than those provided for in this Agreement and permitted by applicable Mexican legislation on the matter.
35.2. You accept that the Services will have constant updates and that sometimes, in order to use the Services, you will have to update them to obtain the latest version available in the official Apple (App Store) and Android (Google Play Store) app stores, as the case may be. You also agree to have a Mobile Device with the minimum requirements that allow you to use and update the Services when needed.
36. IDENTIFICATION MEANS AND RESPONSIBILITIES FOR THEIR USE. AUTHENTICATION FACTORS. MoonMX will provide you with or instruct you to create Authentication Factors that you will use as means of access, identification, Operation authorization, and authentication to access the Services.
36.1. You agree with MoonMX that the Authentication Factors will be considered your means of identification which, in substitution of the handwritten signature, will bind you and produce the same effects as the latter and, consequently, will have the same evidentiary value, so the use of said Authentication Factors will bind you with MoonMX for: (i) the use of the Services; (ii) consent for the contracting of products when appropriate, which in that case, will be indicated to you through the Services; and (iii) the authorization, processing and/or execution of Operations.
36.2. It is your exclusive responsibility not to allow third parties access to the Services or the Card or to disclose or allow the use of the Authentication Factors for the execution of Operations, however we recommend that you never share this information or allow anyone else to use your Card.
36.3. MoonMX informs you that not safeguarding access and use of the Services, and not preserving and safeguarding the Authentication Factors, can create a serious risk for you as you could be affected by unlawful acts such as fraud, identity theft, robbery, etc. MoonMX strongly suggests that you do not give access to the Card or the Services, or provide your Authentication Factors, to anyone including MoonMX employees. Likewise, we recommend that you do not keep your identification and password data in easily accessible places, or together.
36.4. MoonMX will make available to you free of charge, through our Website, via emails, our blog or through our social networks (if we have the latter), with the frequency that we determine, but which will always be the best for you, information to avoid fraud or reduce any possible risk linked with your products and services.
36.5. Similarly, MoonMX will notify you through the Services or by email, in case it detects that unusual operations are being carried out with your Credit.
36.6. In the event that you lose or have your Authentication Factors and access codes stolen, we make available within the Services themselves the necessary instructions so that you can reset the new access codes, as well as report their theft or loss. In this regard, you must enter the Services and immediately change these access codes, being your responsibility any Operation that has been carried out prior to notifying MoonMX of the theft or loss of your access codes or your Authentication Factors or prior to the change you have made. Additionally, in case of theft of your access codes or Authentication Factors, you may additionally contact MoonMX through customer service channels so that we can assist you with the request.
40. OBTAINING AND CHANGING AUTHENTICATION FACTORS. Before we can begin to provide you with the Online and Application-based Electronic Services, you must determine your password, as well as any additional Authentication Factor that is requested. Remember that your password, together with your client identifier (which is your Mobile Device authenticated with MoonMX) will function as Authentication Factors.
40.1. At any time, you may change your Authentication Factors directly through the Services. You will not be responsible for Operations carried out using the Authentication Factors that you have modified and rendered invalid. The foregoing, with the understanding that we do not assume any responsibility and you are solely responsible for all Operations carried out using your current Authentication Factors.
41. INSTRUCTIONS. MoonMX will not be responsible for the effects arising from errors in the instructions received from you, nor for the delay or tardiness you present in the delivery for the authorization, processing and/or execution of Operations.
42. DAMAGE, MODIFICATIONS AND MISUSE OF THE CARD OR SERVICES. You hereby state and acknowledge that, in the event of accepting the use of Online and Application-based Electronic Services and, therefore, making use of the MoonMX Card, you will not use or dispose of it in a manner other than that established in this Agreement. You may not cause damage, alterations, modifications and/or impair it. Similarly, you acknowledge that the acceptance of Online and Application-based Electronic Services and, therefore, the use of MoonMX Services by you, cannot be considered as a license issued by MoonMX in your favor.
42.1. The Card and Services cannot be used in any way that causes damage or legal risk to MoonMX, its partners, and/or its affiliated providers, including, but not limited to, the following prohibited uses: (i) Using the Services for your own transactions or to purchase goods or services from a related party in order to move funds in circumvention of applicable regulations; (ii) Impersonating or attempting to impersonate MoonMX, a MoonMX employee, another Customer or any other person or entity (which includes, among others, the use of email addresses associated with any of the foregoing, or sending credentials or details related to the Services to other applications, websites or services of which you are not the legitimate account holder); (iii) Transmitting or procuring the sending of any advertising or promotional material without the prior written consent of the recipient, including, but not limited to, unsolicited mail, chain letters, spam or any other similar solicitation. (iv) Using the Services beyond their intended use, such as alterations, exploitations, misrepresentations, misuse or abuse; (v) Using the Services as a conduit for funds unrelated to any transaction originated on a specific card, for example, to receive refunds for purchases made outside of the Services or to accept money transfers. (vi) Sharing, selling or reselling the card, credentials or card keys or codes or other card details without prior written permission from MoonMX. (vii) Using the card to provide compensated reviews or build an inauthentic purchase history for products or services from merchants or marketplaces; (viii) Using the Services to defraud or harm a merchant, such as seeking refunds without properly returning the merchandise, or using the card to acquire products or services without the legitimate purchase of those products or services through abandoned charges, accumulated unpaid invoices or false reports of non-receipt of goods or services; (ix) Falsely representing to MoonMX or to a merchant any material detail related to a return or refund, or any dispute related to the transaction history; (x) Using the Services to pay for the shipping or transportation of goods that were stolen, falsely returned or not properly paid for; (xi) Using the Services to take advantage of new user benefits, referral programs or promotions offered by other merchants; or to abuse discounts or trials in a manner not intended or permitted by the merchant; or using the Services to violate the terms and conditions of a merchant, service or company.
The card and Services may only be used for lawful purposes and only used for the purpose and nature for which they were created, and cannot be used for any other purpose. MoonMX specifically prohibits any use of the card for: (i) providing fraudulent information, incomplete, false or inaccurate biographical data, either during the User registration process or at any time during the contractual relationship with MoonMX; (ii) refusing to provide any information, documentation or justification for any action required by MoonMX; (iii) using any mechanism to prevent or attempt to prevent the proper functioning of the website, MoonMX Services or content; (iv) revealing or sharing Keys with third parties, or using the Keys for unauthorized purposes; (v) the use or attempted use of any machine, software, tool, agent or other mechanism to navigate or search the website, MoonMX Services or content other than the search tools provided by MoonMX on its website; (vi) attempting to decipher, decompile or obtain the source code of any software program on the website; (vii) performing actions contrary to Law and/or that contravene the regulations and provisions issued by the Regulator(s) of the United Mexican States and/or any other corresponding public body; (viii) committing crimes, offenses, contraventions and/or damages of any kind, including discrimination and/or harassment, against any person.
42.2. In addition to the foregoing, you represent and acknowledge that, in the event that you and/or any person to whom you grant access to MoonMX Services or the details of your MoonMX Card contained on your Computer or Mobile Device or in physical form, cause any impairment, alteration, modification and/or damage, you must cover MoonMX for the amounts resulting from the damages caused to MoonMX, as determined by experts specialized in the matter designated by MoonMX.
43. AUTHORIZATION OF COMMUNICATION WITH OTHER FINANCIAL ENTITIES. You hereby authorize MoonMX to establish contact with various national or foreign financial or similar entities, when this is required for the processing and/or execution of the Operations carried out by you.
44. CANCELLATION OF ELECTRONIC MEDIA SERVICES. You may request the cancellation of the Electronic Media services you have contracted with MoonMX, through the customer service channel (chat or email [email protected]). It is important for you to know that, in the event of canceling the Electronic Media Services, you will still be able to use your Credit normally, as well as make payments on it through the number of your Physical Card, as well as continue to receive the Account Statements to the email address you have registered with MoonMX. We remind you that the Electronic Media that MoonMX makes available to you are for your total benefit. Notwithstanding the foregoing, we remind you that the Electronic Media Services you have contracted with MoonMX are completely free of charge.
44.1. You may also deactivate the use of Electronic Media Services through the customer service center at any time.
45. ADDITIONAL SERVICES. MoonMX may allow you to contract additional services and operations to those originally agreed upon or modify the conditions previously agreed upon when contracting the Electronic Media Service, for which, in any case, we will make you aware of the terms and conditions of the additional services in advance and will request your consent through a second Authentication Factor in addition to the one you use to log in. In the event that you give your consent, the service will be enabled for use in the period that we have informed you in the terms and conditions accepted by you, without it being less than thirty (30) minutes from the time the contracting was carried out.
CHAPTER IV. GENERAL CLAUSES
46. TERM OF THE CONTRACT. The Contract will be effective as of the date on which you give your consent and will be in force indefinitely, being binding on the Parties. The Contract will continue to have legal effects until you have settled the outstanding debts owed by you arising from the Credit.
47. CAUSES OF EARLY TERMINATION. Provided that you have not used the Credit granted under this Contract, you may terminate this Contract within 10 (ten) Business Days following its acceptance, by notifying MoonMX through our customer service team via email or chat.
47.1. You may request MoonMX to terminate the Contract at any time, in which case you will not be able to use the Credit again, but your obligation to pay the Outstanding Balance owed will remain in force. To do this, you must follow the procedure set forth in the EARLY TERMINATION PROCEDURE clause, with the understanding that this Contract will be terminated when there is no Outstanding Balance, whether you have paid said balance directly or through the contracting of a new credit with another entity.
47.2. MoonMX acknowledges that the termination of the Contract may occur through another financial entity that, on your behalf and for your account, settles the Outstanding Balance of the Credit and notifies MoonMX of this, in compliance with applicable Mexican legislation on the matter.
48. EARLY TERMINATION PROCEDURE. When you request early termination of the Contract, MoonMX will provide you with the applicable case number for such request through the same contact method. Likewise, for your security, once you have notified MoonMX of the early termination, MoonMX must verify the authenticity and truthfulness regarding your identity, which it will do by authenticating you through the Authentication Factors that will be informed to you at the time of requesting the early termination, which will in no case be greater or imply a more extensive process than the one you followed to obtain your Credit.
48.1. At the time you request cancellation of your Credit, MoonMX will block your Credit and cancel your Credit Card, in which case you must destroy said means of disposal and you will not be able to use the Credit from the date on which you notify the early termination of the Contract. The foregoing, even if you have not paid the Outstanding Balance. You must inform us in writing and under protest of telling the truth that you destroyed your Physical Card or, if applicable, that you no longer have it.
48.2. At the time you request termination of the Contract, MoonMX must: (i) reject any disposal that is intended to be made against the Credit and, consequently, no additional charges may be made to your Credit from the moment the cancellation is made, except for those charges already made and not reflected; and (ii) cancel, without its responsibility, the collection of any product or service associated with the Credit, as well as the direct debit services on that date.
48.3. To cancel this Contract, you should not perform any act not provided for therein, so you should only follow the procedure set forth in this clause. MoonMX will not charge you any commission or penalty for canceling your Credit or terminating this Contract.
48.4. "MoonMX" must: (i) terminate the Contract no later than the Business Day following the one on which it receives your termination request, provided that there are no outstanding debts. Otherwise, MoonMX will inform you no later than the Business Day following receipt of the request that there are indeed outstanding debts and, within five (5) Business Days following receipt of the termination request, it will notify you through the Online and Application-based Electronic Services, either by email, the MoonMX app, or our business partners' digital platforms, of the amount of said total outstanding Credit balance; and once the Outstanding Credit Balance has been settled, MoonMX will automatically terminate the Contract; (ii) on the date the Contract is terminated, inform you, if applicable, of any balance in your favor, which will be available to you, as well as the manner in which it can be returned to you; (iii) send to your email address or keep available to you the document evidencing the termination of the Contract, within ten (10) Business Days from the date the outstanding debts were paid or on the next Cut-Off Date; and (iv) report to the credit information companies that the Credit is closed without any outstanding balance.
48.5. As long as you do not pay the total Outstanding Credit Balance, the termination of the Contract will not take effect; however, MoonMX will always carry out the aforementioned actions, so MoonMX will refrain from applying additional charges, except for those already generated and not reflected in your Statement of Account, as well as the accessory charges and interest that accrue until the moment you settle the total Credit balance. Notwithstanding the foregoing, you will retain, as a Customer, the same payment date and conditions you had prior to the termination request.
49. TERMINATION DUE TO DEATH. Our priority is you, and by virtue of the fact that we must anticipate all circumstances and protect your loved ones, in the unfortunate event of your death, any successor, beneficiary, heir of yours or any other interested party may request the cancellation of this Contract and therefore of the Credit, without liability to pay any Outstanding Balance or pending balance, in accordance with the following:
49.1. Within 180 (one hundred and eighty) calendar days following your death, the interested party must send an email to MoonMX, with the following documentation in digital format (the "Notification"): (i) notification of death, including your full name, your Credit Card number and the date of death; (ii) certified copy of the death certificate; (iii) copy of both sides of your official identification; (iv) copy of both sides of the interested party's official identification; and (v) selfie photo of the interested party holding their official identification.
49.2. The Credit must not show any movements, Transactions and/or use of the corresponding Credit Card from the date of your death; in the event that this occurs, any charges subsequent to the date of death must be settled.
49.3. Once the Notification has been received, MoonMX will review the documentation and, if no additional information is required, it will inform the interested party of the termination of the Contract within the following ten (10) Business Days.
49.4. If additional information or any clarification is required, MoonMX will contact the interested party within five (5) Business Days following receipt of the Notification.
50. CAUSES OF BREACH AND TERMINATION OF THE CONTRACT. In the event that any breach occurs and it has not been remedied within 30 (thirty) calendar days following MoonMX notifying you of the breach, you must pay, if applicable, the total amount of the Outstanding Balance pending at the end of said thirty (30) calendar days, including Operations that involve future periodic payments.
50.1. The following shall be considered causes of breach:
● The improper use of the Credit or in contravention of the provisions of this Contract, including the use of the Credit Card by someone other than you.
● Failure to make a payment for a period of more than 180 (one hundred and eighty) calendar days.
● If the information or statement provided by you as the Client to MoonMX proves to be false, fraudulently incorrect or incomplete; or if you refuse to provide the requested information necessary to properly identify you as well as the origin of your resources in accordance with and in compliance with the applicable Mexican legislation on the Prevention of Money Laundering for Popular Financial Companies.
● If MoonMX receives instructions from any competent authority to terminate the Contract.
● In the event of any blocking due to being on sanctions lists published by the Ministry of Finance and Public Credit.
● In the event that the Client engages in criminal conduct, such as cases of harassment, stalking, violence, among others, towards our workers, employees, advisors, administrators, officers or representatives of MoonMX, or any third party contracted by us. In this case, in addition to terminating the Contract, MoonMX reserves the right to proceed through the corresponding legal channels.
● If MoonMX is declared bankrupt or enters into commercial bankruptcy proceedings.
50.2. In the event that any of the aforementioned causes of breach occur, the affected party may terminate the Contract without any judicial resolution at the time it becomes aware of said cause.
51. ASSIGNMENT AND DISCOUNTING. You hereby consent and accept that MoonMX is authorized to negotiate, discount or otherwise jointly or separately assign the Credit and the rights derived from it, even before its maturity, for which you authorize MoonMX to provide all the information that the assignee may require and that is in MoonMX's possession.
52. RESTRICTION OR COMPLAINT. MoonMX reserves the right to restrict the amount of the Credit, and may thus file a complaint regarding this Contract at any time by simple written communication addressed to you or through the Services, thereby limiting or extinguishing, as the case may be, your right to use the unused balance of the Credit.
53. PERIODIC OR RECURRING CHARGE SERVICE. MoonMX does not offer the execution of periodic or recurring charges contracted directly through MoonMX, so if you wish to make any, you must request them directly from the providers of the corresponding goods or services. MoonMX will make the recurring charges that you authorize as long as MoonMX has the minimum information to be able to make said charge. You may object to periodic, domiciled or recurring charges under the terms and deadlines stipulated in Clause 24 "Unrecognized Charges and Procedure for Clarifications". You can cancel any periodic or recurring charge directly with MoonMX, without needing authorization from the provider, for which you must contact MoonMX through any of the means indicated in this contract, so that MoonMX can provide you with the corresponding forms for said cancellation.
53.1. The cancellation you make of the recurring payment will take effect within a period not exceeding 3 (three) Business Days counted from the date on which you requested said cancellation from us. Remember that from that moment on, we will no longer charge the recurring amount to your Credit, so MoonMX will not be responsible for any breach you may have with the provider resulting from said cancellation.
54. EXCLUSIONS TO CLIENT'S LIABILITY. Your liability for payment of the Credit to MoonMX will terminate, solely and exclusively in the following cases: (i) death, from the moment MoonMX is notified of your death, for which the corresponding death certificate must be presented through the customer service channels that MoonMX makes available to you; or (ii) theft, loss or cloning of the Credit Card, from the moment you notify MoonMX through the customer service means indicated in this Contract.
55. NOTICES AND NOTIFICATIONS TO THE CLIENT. All notices and notifications that you must receive derived from this Contract will be made through the Services by Electronic Means, whether by email, the MoonMX application, or the digital platforms of our business partners.
56. DOMICILE OF THE PARTIES. MoonMX indicates as its domicile for the purposes of this Contract the one indicated in the Declarations chapter.
56.1. For your part, you indicate as your domicile for the purposes of this Contract the one indicated by you at the time of requesting the shipment of your physical Card, however, by signing this Contract you authorize MoonMX to make all notices and notifications that it must make to you under the terms of this Contract or any regulation through the Services by Electronic Means, whether by email, the MoonMX application, or the digital platforms of our business partners.
56.2. In the event that either party changes address, it must notify the other party five (5) Business Days in advance of the change, with the understanding that if it does not do so, all notifications made to the email address or address established in this clause and that MoonMX has on record will be valid and will take full effect.
57. APPLICABLE LEGISLATION AND JURISDICTION. The National Commission for the Protection and Defense of Users of Financial Services is competent to hear through administrative channels any dispute that arises over the interpretation and compliance of this contract. For the interpretation, execution and compliance of this contract, through judicial channels we submit to the laws and competent courts of Mexico City, expressly waiving any other jurisdiction or competence that by reason of present or future domicile or for any other cause, could correspond.
58. CONFIDENTIALITY. All information and documentation related to the operations and services performed by MoonMX will be confidential and is protected by financial secrecy. Said information may only be provided to the authorities that request it with a court order, in accordance with the applicable Mexican legislation on the matter.
59. INTEGRITY OF THE CONTRACT. The Contract, together with the Application, the Commercial Partner's Terms and Conditions when applicable, and the current Privacy Notice at https://moonmx.com/ constitute the total agreement in relation to the granting of the Credit, therefore it prevails and replaces any previous understanding, contract, agreement or accord, whether oral or written, of any nature.
60. MODIFICATION TO THE CONTRACT. MoonMX will notify you through the Online and Application-based Electronic Services, whether by email, the MoonMX application, or our commercial partners' digital platforms, of any modification to this Contract within the 30 (thirty) calendar days prior to them taking effect. In case you do not agree with the modifications proposed by MoonMX, you may request termination of this Contract within 30 (thirty) calendar days after MoonMX has notified you of the changes, without liability, penalty or commission charged to you, and under the originally agreed conditions, having to cover, where applicable, the outstanding debts that are generated or have been generated up to the date on which you wish to terminate the Contract.
60.1. Both for contracting and in case of any dispute regarding the Credit that is the object of this Contract, it will be understood that the valid adhesion contract in the operation in question is the one registered in the RECA before CONDUSEF.
61. TITLES OF THE CLAUSES. The titles of the clauses that appear in the Contract are intended to facilitate reading, and therefore do not define or limit their content. For purposes of interpreting the Contract, you must adhere to the content of the declarations and clauses and not their titles.
62. EXECUTIVE TITLE. This Contract together with the Account Statements certified by the accountant authorized by MoonMX, will be executive titles, without need for signature recognition or any other requirement and, where applicable, the certified Account Statement will constitute full proof of the balances owed to you arising from the Credit.
62.1. You confirm that you are aware of the Contract and that you understand the obligation you are acquiring, accepting the amount of the Credit granted to you, as well as the charges and expenses that are generated, for which you sign in agreement.
63. DISPUTES WITH THE COMMERCIAL PARTNER. In the event of any dispute between the Customer and the Commercial Partner, it must be resolved directly between said parties in accordance with the Commercial Partner's Terms and Conditions, without liability for MoonMX, provided that the dispute is not directly related to the Credit or services provided by MoonMX.