Terms and conditions of use of the BANCOMAT app

TERMS AND CONDITIONS OF USE OF THE BANCOMAT® APP

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The BANCOMAT® app is a mobile application owned by BANCOMAT S.p.A., with registered office in Rome, Piazzale Luigi Sturzo n. 15, VAT number 09591661005, CF 04949971008, registration number of the Rome Business Register n. 1210597 (hereinafter”ATM”).

The BANCOMAT® app is made available to customers (hereinafter”Users”) banks or other specialized institutions, authorized to provide payment services and participating in the ATM Circuit^® (hereinafter referred to as a whole”Institutes”).

Through the BANCOMAT® app, the User can use the BANCOMAT® Pay payment service offered and contracted by their Institute (hereinafter”BANCOMAT Pay service”) in order to:

• make payments for goods and services, even in e-commerce mode, at affiliated merchants;
• transfer money to other Users in Italy;
• transfer money in European countries to customers of banks and institutions participating in ATM partner circuits and solutions identified from time to time;
• carry out the additional time-by-time operations enabled through the BANCOMAT® app.

The BANCOMAT® Pay Service can be used through the BANCOMAT® app but remains governed exclusively by the contract concluded between the User and their Institute.

At the same time, through the BANCOMAT® app, the User can also access initiatives promoted directly by BANCOMAT, such as loyalty programs (hereinafter”Loyalty”) that aim to encourage the use of the BANCOMAT® Pay Service; in this regard, BANCOMAT reserves the right to launch specific Loyalty campaigns over time, to which the User can join by signing the relevant conditions and regulations.

BANCOMAT will also allow the User to be able to pay charges to the Public Administration directly through the BANCOMAT® app: a special section will be dedicated to this service, through which it will be possible to access all the indications to access the payment.

In addition to this, BANCOMAT will provide the User with ever greater functionality and services, to facilitate Users in daily life and meet the various needs related to the world of payments. Special areas of the BANCOMAT® app will be dedicated to each of the services offered, where the User will be provided with instructions and instructions.

Download

To use the BANCOMAT® app, its download is necessary, which requires the prior acceptance by the User of the conditions published on the Online Store of reference for their mobile support (e.g. App Store, Google Play Store). Following the download of this app, its activation is subject to:

· the acceptance of these Terms and Conditions of Use;

· upon having read the privacy policy;

· to the User's registration on the channels of their Institute, through the insertion in the BANCOMAT® app of an activation code made available to the User by the Institute itself through the adopted channel.

App Availability, Updates, How to Use and Responsibility

BANCOMAT ensures the proper technical functioning of the BANCOMAT® app, remaining, however, responsible to the User for only direct damages resulting from malfunctions attributable to BANCOMAT S.p.A. as a result of intent and gross negligence, pursuant to article 1229 of the Italian Civil Code

Notwithstanding the foregoing, BANCOMAT will use the utmost care to avoid interruptions in the availability of the BANCOMAT® app and ensure its smooth operation. The User acknowledges and accepts that BANCOMAT may suspend, interrupt, modify, remove or make changes to the BANCOMAT® app - with immediate effect and without the obligation to notify the User - for management, maintenance, security and/or updating of the app itself, without any responsibility for any damage suffered by the User, without prejudice to the limits established by law.

For the purpose of the proper functioning of the BANCOMAT® app, the User is responsible for proceeding without delay to carry out all the updates of the App requested and indicated by BANCOMAT, which will be announced through the relevant market/store or through special messages in the BANCOMAT® app. The User acknowledges and accepts that failure to update the BANCOMAT® app may result in service interruptions or malfunctions, even serious and/or blocking of the app itself, for which BANCOMAT assumes no responsibility, always without prejudice to the limits established by law.

The User is solely responsible for accessing the BANCOMAT® app, and is now committed to ensuring the custody of the device where it is installed and the related access codes.

The User acknowledges and accepts that the BANCOMAT® app and any service connected to it may involve the use of proprietary and confidential information, protected by applicable laws on intellectual property and privacy, as well as by other international regulations or treaties.

BANCOMAT does not require any payment for the use of the BANCOMAT® app, while it remains unrelated to the costs that may be applied by the User's Institute or for access to additional services that indicate this condition. All Internet connection costs and expenses for the purpose of using the BANCOMAT® app are fully borne by the User. BANCOMAT grants the User a non-transferable and non-exclusive right to use the BANCOMAT® app as “seen and liked”.

The User will refrain from carrying out, directly or indirectly, one or more of the following activities: copying, modifying, creating derivative works of the source code, decoding, disassembling or otherwise attempting to discover this code, selling, transferring, sublicensing or otherwise transferring any right related to the BANCOMAT® app.

The User acknowledges and accepts that BANCOMAT is unrelated to the relationship between the User and the Institute that provides the BANCOMAT® Pay Service in order to allow the operations described above to be carried out. Any dispute concerning the operation of the BANCOMAT® Pay Service must therefore be addressed to the reference institution.

Communications

The User acknowledges that any communication regarding the BANCOMAT® app and referring to the BANCOMAT® Pay Service must be sent to their Institute, in the manner agreed with the same.

Amendments

BANCOMAT reserves the right to make changes to the BANCOMAT® app at any time, to make it comply with legislative changes Part-time intervened, in addition to the purposes indicated above, also related to the offer of new services and Loyalty programs, submitting to the User the updated version of the Terms and Conditions of Use for relative acceptance. The User can always find the updated and current version of the Terms and Conditions of Use within the BANCOMAT® app under the heading”Assistance” present in the section”Profile”.

Processing of personal data

The regulations relating to the processing of Users' personal data carried out through the BANCOMAT® app are available at the following link Privacy Policy for Payment Card Holders (”informative”). This Information also contains information relating to the processing of Users' personal data as part of the BANCOMAT® Pay Service.

Additional information relating to the processing of Users' personal data as part of specific Loyalty services will be integrated from time to time into the above-mentioned Information or into special information that will be reported from time to time within the BANCOMAT® app.

Applicable law and place of jurisdiction

These Terms and Conditions of Use and the relationship between BANCOMAT and the User are governed by Italian law. Any dispute deriving from or related to these conditions or to the use of the BANCOMAT® app will be referred to the mandatory territorial jurisdiction of the judge of the consumer's place of residence or domicile, if located in the territory of the State, in accordance with the provisions of Legislative Decree no. 206/2005 (”Consumer Code”).

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