App Terms & Conditions 

1. Legal Notice 

1.1. TOPii Fide Spain, S.L.U. (the «Company«), is a company incorporated and existing under the laws of the Kingdom of Spain, with registered office at Calle Velázquez 76, bajo izquierda, 28001, Madrid, Spain and Spanish Tax Identification Number B-01980382, which is registered in the Mercantile Registry of Madrid, volume 41110, folio 99, page M-728985. Email address: operations@topii.com. 

More information about the Company can be found at: https://topii.es 

1.2. The Company is an authorized agent of the electronic money institution Sefide, EDE, S.L.U. («Sefide«), a company incorporated and existing under the laws of the Kingdom of Spain, with registered office at Avenida de la Ciencia 2-3º, 18006, Granada, Spain and Spanish Tax Identification Number B-93205474, which is registered in the Mercantile Registry of Granada, volume 1559,  folio 143, sheet GR-46879. Email address: info@sefide.es. 

More information about Sefide can be found at: https://sefide.com/ 

Sefide is licensed by the Bank of Spain (Entity Code No. 6705), and operates under the supervision of the Bank of Spain. 

1.3. The Company is an Authorized Agent of the payment institution MoneyGram International, S.A. («MoneyGram«), a company incorporated and existing under the laws of Belgium, with registered office at Rue Joseph Stevens 7, 1100, Brussels, Belgium.  

More information about MoneyGram can be found at: https://www.moneygram.com  

MoneyGram is licensed by the National Bank of Belgium (Entity Code No. 0671.690.653), and operates under the supervision of the National Bank of Belgium. 

1.4. The Company holds all the corresponding licenses for the «TOPii» mobile application, as well as for the «TOPii Space» that may be available at any time in different third-party applications. The term «Application» used in these Terms and Conditions shall refer to both the TOPii mobile application and the TOPii Space that may be available from time to time on any third-party applications. The use by the User, if any, of such third-party applications, will be governed by their own terms and conditions, without prejudice to the fact that the use of the TOPii Space included in such third-party applications will be governed by these Terms and Conditions. 

1.5. The Company holds all relevant authorizations and agreements with third parties to operate the Application. The Company provides the payment transaction execution services contained in the Application, as the case may be: (i) either as an authorized agent of Sefide and on behalf of Sefide in respect of the services for which Sefide is authorized, or (ii) as an authorized agent of MoneyGram and on behalf of MoneyGram in respect of the services for which MoneyGram is authorized. 

1.6. In order to use the Payment, Cashout and Money Transfer Services offered by the Application, the User must have an electronic money account opened with Sefide, in which the electronic money issued by Sefide will be kept, and which will be governed by its own terms and conditions. 

2. Subject matter of these Terms and Conditions 

2.1. These terms and conditions (the «Terms and Conditions«), together with the Sefide E-Money Account Opening Agreement (the «E-Money Account Agreement«), which is governed by its own terms and conditions, and is available in https://sefide.com/content/uploads/2022/01/Politicas-de-Salvaguarda-de-Activos-SEFIDE-EDE-v20220127-1.pdf and with the General Terms and Conditions of the Sefide Money Transfer Service MoneyGram (the «Money Transfer Terms«) which is governed by its own terms and conditions and is available on https://corporate.moneygram.com/documents/PDF_Forms/TermsAndCond/Europe/Spain/Receive%20Terms%20Spanish-English.pdf/ that govern User’s download and use of the Application, through any device compatible with the Application, such as a smartphone (the «Device(s)»)«), and that they must have a minimum version of Android 11 or minimum version iOS 16, and an Internet connection. 

2.2. For the purposes of these Terms and Conditions, «User» means any natural person who downloads the Application. 

2.3. The Application provides the User with the possibility to access and use the following services (collectively, the «Services«): 

a) The opening of an electronic money account opened with Sefide (the «Electronic Money Account«), in which the electronic money issued by Sefide will be kept, and which will be governed by the Electronic Account Agreement with Sefide. 

b) The purchase/payment of products and/or services in the affiliated establishments located in Spain with which the Company has the corresponding adhesion agreements at any time (the «Establishments«) (the «Payment Service«). 

c) The withdrawal of cash at the Establishments, linked to the payment of a purchase through the Payment Service (the «Cashout Service«). 

d) Sending money from your E-Money Account to a person designated as the recipient (the «Recipient«), who may pick it up in cash at a MoneyGram location or have it delivered to your bank account or any other type of account (the «Money Transfer Service«) and which will be governed by the MoneyGram Money Transfer Terms.  

e) The «Incentive Program» as regulated at the end of these Terms and Conditions. 

2.4. The User may consult the list of Establishments where the Payment Service and the Cashout Service are available in the Application itself. 

Participating Establishments may be subject to modification at any time. The non-acceptance of any of the Services and/or the Application in any Establishment will not entitle the User to claim any compensation from the Company. 

2.5. The User will be able to consult the destination countries of the money transfer made through the Money Transfer Service, in the Application itself at the time of making the transfer request. 

The permitted destination countries may be subject to change at any time, and this will not entitle the User to claim any compensation from the Company or MoneyGram. 

3. Voluntary nature of registration in the Application 

3.1. Registration on the Application is voluntary. 

3.2. By registering, the User declares to be aware of the following legal texts, and is bound by them in the same way as if they accepted them by means of their handwritten signature: 

a) These Terms and Conditions (including the Privacy Policy, which forms part of them), and 

b) Where applicable, the Electronic Money Account Agreement with Sefide (and its corresponding personal data processing policy, which is part of it). 

c) Where applicable, the MoneyGram Money Transfer Terms (and their corresponding personal data processing policy, which is part of them). 

3.3. When the User registers in the Application, his/her personal User profile will be automatically created in the Application linked to the information entered by the User (the «Profile«) and, where applicable, he/she will become the holder of an Electronic Money Account with Sefide, from which the payment operations related to the Services offered by the Application will be carried out. The User may only have a single Profile even if he/she uses several Applications. 

3.4. Therefore, before registering on the Application, the User is advised to carefully read these Terms and Conditions, as well as the E-Money Account Agreement with Sefide and the Terms for Sending Money with MoneyGram. If the User does not agree with any of the above, he/she should not register on the Application. 

3.5. Likewise, the User is recommended to periodically read these Terms and Conditions, the Electronic Money Account Agreement with Sefide and the Money Transfer Terms, since these, as well as the contents and Services of the Application, and the Establishments in which the Services are available, may be modified. 

4. Downloading the App 

4.1. The App will be downloaded via the Apple Store, Google Play and Huawei Store (depending on the operating system on which the Device operates). 

4.2. The User shall be responsible for checking whether his/her Device is compatible with the Application and for the configuration of the Device. The User shall bear any damage, including loss of information, that the use of the Application, including its download and installation, may cause on the User’s Device. 

4.3. The User shall also be responsible for the fact that his/her Device is connected to and has access to the Internet for the purposes of downloading and using the Application, as well as for the cost of Internet access. 

5. Fees and Commissions. Currency of operations and currency exchange 

5.1. Fees and Commissions 

5.1.1. Without prejudice to the costs of access and connection to the Internet, which in any case do not depend on the Company, the download of the Application, as well as the registration in it, are free of charge. The Company reserves the right to charge for the download of the Application and/or registration in it in the future, which will be notified to the User in advance in accordance with the applicable regulations. 

5.1.2. The use of the Services is subject to the payment of commissions and fees, which can be consulted within the Application in the menu of economic conditions. 

5.1.3. The foregoing shall be without prejudice to: 

a) That the commercial transaction between the User and the Establishment, as well as the withdrawal of cash, carried out through the Services provided by the Application, are remunerated. 

b) Other fees and commissions that, if any, may be established in the terms and conditions of the Electronic Money Account Agreement with Sefide (as agreed between the User and Sefide when accepting the Electronic Money Account Agreement with Sefide through registration in the Application) in relation to the creation of the Electronic Money Account and the operation of the Electronic Money Account. 

c) Such other fees and commissions as may be set forth in the terms and conditions of the MoneyGram Money Transfer Terms (as otherwise agreed between the User and MoneyGram when accepting the MoneyGram Money Transfer Terms by registering in the Application) in connection with the Money Transfer Service. 

d) That the issuer of the credit cards or bank accounts owned by the User (the «Payment Method(s)») linked by the User to his/her Profile and/or to his/her Electronic Money Account in the Application, may apply any commissions, charges, expenses, interest or other costs, for such linking and/or use of the Payment Methods,  including its use through the Application (as agreed between the User and the issuing entity of the Payment Method). 

e) That the entities in which the Recipient of the money transfer receives the payment, may apply any commissions, charges, expenses, interest or other costs, for the receipt of the payment in the Recipient’s account.  

f) The obligation to pay, if applicable, by the User and/or by the Recipient of the money transfer, any taxes, fees or excise that may be applicable in relation to the use of the Services. 

5.2. Currency of transactions and currency exchange 

5.2.1. All payment transactions carried out on the basis of the Payment Service and the Cashout Service shall be carried out in euros.  

5.2.2. In relation to payment transactions carried out on the basis of the Money Transfer Service, payment by the User shall be made in euros. The User should be aware that payment is normally received by the Recipient in the local currency of the destination country, although it will depend on the currencies available in the destination country (which may be selected by the User through the Application at the time of requesting the transfer of money). MoneyGram will apply, if applicable, exchange rates, in accordance with the Money Transfer Terms, which will be displayed to the User prior to authorizing the transfer of money on the Application.  

6. Registration in the App 

6.1. General aspects related to registration in the Application 

6.1.1. In order to be able to use the Application and access the Services offered through the Application, the User must first register with the Application. To do so, the User must: (i) enter the identification information required by the Application, (ii) accept these Terms and Conditions (including the Privacy Policy, which is an integral part of the Terms and Conditions), (iii) in case the User wishes to use the Payment, Cashout and Money Transfer Services, accept (respectively) the Electronic Money Account Agreement with Sefide and its corresponding data processing policy. personal data (which can be found in our Privacy Policy section) and the MoneyGram Money Transfer Terms and their corresponding personal data processing policy (which can be found in our Privacy Policy section). 

6.1.2. When the User registers on the Application: 

a) Your personal User profile will be created in the Application linked to the information entered by the User (the «Profile«), and 

b) If applicable, you will automatically become the holder of an E-Money Account opened with Sefide, which will be governed by the E-Money Account Agreement with Sefide, and you will become a user of the MoneyGram Money Remittance Service. 

6.1.3. The User may only have a single Profile (which will be linked to a single telephone number) and a single Electronic Money Account with Sefide linked to their Profile (without prejudice to the fact that they may link other Payment Methods to their Profile and/or their Electronic Money Account). The User shall be the only person authorized to use his/her Profile and Electronic Money Account with Sefide. 

6.1.4. The User does not have the right to register in the name and on behalf of any natural person other than the User himself, nor may he provide information of any natural person other than the User, or use any image in respect of which he does not have the corresponding right of use. 

6.1.5. In addition, the User may not provide any information that contains words, expressions, denominations or images that are rude or contrary to the law, morality or public order. 

6.1.6. The information entered by the User in the Application must be true, accurate and current. The User shall ensure that no erroneous, false or inaccurate information is entered, and in the event that the User detects errors or inaccuracies, or in the event of changes to the information previously entered, the User shall immediately amend and update it through the Application. 

6.1.7. The User shall be responsible for, and hold harmless the Company and any third party (including Sefide, MoneyGram and the Establishments), against any liability, damages, penalties, surcharges or losses that may arise from the User’s entry into the Application of any information in contravention of the provisions of these Terms and Conditions,  the Sefide E-Money Account Agreement and/or the MoneyGram Money Transfer Terms. 

6.1.8. Notwithstanding the foregoing, the Company shall have the right to authenticate and verify the information provided by the User, to make inquiries to third parties about the User, and to request from the User any other information that may be necessary for such authentication and verification. 

6.1.9. The Company may, at its sole discretion and at any time, without the User being entitled to compensation, refuse the User’s registration, as well as restrict access, deactivate, suspend or delete the User’s Profile temporarily or indefinitely, in the event that: 

a) The User does not pass the checks on the User’s information that would have been required by the Company, or that the Company would have carried out on the User on its own, 

b) The Company detects any error, inaccuracy or falsity in any information entered by the User for registration in the Application, or 

c) the Company detects that the information entered is rude or contrary to the law, morality or public order. 

The Company shall not be obliged to disclose to the User the reasons for doing so, except as required by law, in which case the Company shall inform the User in advance and, if this is not possible, immediately afterwards. Under no circumstances will the reasons be communicated to the User if the communication of such information is compromised for objectively justified security reasons or is contrary to any regulatory provision. 

Restricting access, deactivation, suspension or deletion of the User’s Profile, temporarily or indefinitely, will mean the same for the User’s E-Money Account at Sefide (and vice versa). 

The foregoing shall be without prejudice to the actions that Sefide, in accordance with the Electronic Money Account Agreement, may take in relation to the Electronic Money Account, as well as without prejudice to the actions that MoneyGram, in accordance with the Money Transfer Terms, may take in connection with the Money Transfer Service. 

6.2. Requirements to be met by the User when registering on the Application 

6.2.1. In order for the User to be able to register on the Application, the User must meet the following requirements (without prejudice to any other set out in these Terms and Conditions, the E-Money Account Agreement and/or the Money Transfer Terms). If the User does not comply with them, in whole or in part, he/she must not register on the Application. 

6.2.2. By registering on the Application, the User expressly acknowledges and warrants: 

a) That he/she is a natural person, and acts as a consumer and user. 

b) That he/she is at least 18 years of age, or is of legal age in the country or place of residence of the User, or in case of being legally incapacitated, that he/she has the consent of the parents, guardians or legal representatives for the use of the Application. 

c) That: (i) has its permanent residence in Spain; or, alternatively, that you hire from Spain as a temporary resident, but do not act under the jurisdictions of other States that require compliance with different requirements for the availability, disclosure or advertising of financial services and/or products; (ii) your domicile is not in any of the countries subject to a U.S. embargo or considered by the United States to be a terrorist supporter; and (iii) that it is not on any U.S. prohibited entity list. 

d) That you accept and acknowledge, in advance and expressly, without any limitation, the entire content of these Terms and Conditions and the privacy policy for the processing of personal data related to the Services (the «Privacy Policy«), which can be consulted here: www.topii.es/politicas-de-privacidad.html. 

e) In the event that the User registers for the use of the Payments, Cashout and Money Transfer Services, he/she accepts and acknowledges, in advance and expressly, without any limitation, respectively: (i) the entire content of the Electronic Money Account Agreement with Sefide, including its privacy policy for the processing of personal data,  which can be found here: https://sefide.com/politica-de-privacidad/; and (ii) the entire content of the MoneyGram Money Transfer Terms, including its privacy policy for the processing of personal data, which can be found here: https://www.moneygram.com/intl/privacy-notice. 

f) That the mobile phone number associated with your Profile is a number owned by the User, which the User has the right to use (or the User is fully authorized to use it by the holder of the phone number), and that it is under the control of the User, linked to the Device (i.e. whose SIM card or equivalent is installed in the Device) and in operation; and that it will remain so at all times as long as the mobile phone number is associated with your Profile. 

g) In the event that the User registers for the use of the Payment, Cashout and Money Transfer Services, that the credit cards or bank accounts linked to his/her Profile and/or Electronic Money Account (the «Payment Method(s)») are his/her own, valid and are in force and under the control of the User,  and that you have the right to use them in general and, in particular, for the use of the Services. Later in these Terms and Conditions, the types of Payment Methods accepted in the Application are indicated. 

h) That it is not included in lists of sanctioned or similar parties, nor subject to restrictions imposed by embargoes. 

6.2.3. The Company shall not be liable for the registration of a User who does not comply (in whole or in part) with any of the requirements set out above, nor for the actions that such User may perform in use of the Application, and in particular, but not limited to, for the actions of any minor or legally incapacitated, nor for the use by the User of any Means of Payment that is not owned by him,  is invalid and/or not valid, or any other fraudulent use of the Payment Methods. 

The User shall be responsible for, and shall hold harmless the Company and any third party (including the Establishments), against any liability, damages, penalties, surcharges or losses that may arise from the foregoing circumstances. 

6.3. Registration process in the Application 

6.3.1. When registering on the Application, the User must enter the identification information required by the Application, and accept these Terms and Conditions (including the Privacy Policy) and, if applicable, the Electronic Money Account Agreement with Sefide (including its personal data processing policy) and the Money Transfer Terms (including its personal data processing policy). 

6.3.2. The User may also, if he/she so wishes, give permission for the following processing of his/her personal data: 

  1. If you want the provision of the different services offered by the Application to be personalized according to your geographical position (geolocation permissions). 

  1. If you allow the processing of biometric data for the training of the facial verification and security algorithm of the Application. 

  1. It does allow the sending of commercial, Company and third-party communications, personalized based on the User’s profile. 

6.3.3. Subsequently, the User will receive an SMS with a one-time code on the mobile phone number indicated in the registration, for the purpose of verifying the mobile phone number provided and activating the Profile and (if applicable) the Electronic Money Account. In case the User does not verify the mobile phone number, the registration cannot be completed (and the User will have to start the registration process again if he/she wishes to register). 

6.3.4. The User must enter all the identification data required by the Application in order to register, and follow the process requested by the Application to identify themselves. The various registration screens in the Application will tell you which data is optional and which is mandatory in order to register. 

6.3.5. The User will need a six-digit numeric password (the «Password«) in order to register. The User will have the option to choose and indicate their own Password, as well as to configure the Application in such a way that the numeric Password can be replaced by other alternative means of authorization (fingerprint recognition, facial recognition). 

6.3.6. The User shall choose, use and maintain his/her Password (as well as any information provided by the Company in the event that he/she forgets his/her Password in order to regain access to the User’s account) confidentially, making diligent and lawful use of the same, without making them available to third parties. In this regard, the provisions of the clause «Security and Profile Blocking Rules» of these Terms and Conditions shall apply. 

6.3.7. In the event that the User registers for the use of the Payment, Cashout and Money Transfer Services, once the Profile and the Electronic Money Account have been created, the User may associate one or more Payment Methods with them for the use of the Services. The User may be required, in order to associate each Payment Method, to carry out a strong authentication, as established at any time by the issuing entity of the Payment Methods in accordance with the applicable regulations. 

7. Payment Methods Supported in the Application 

7.1. The means of payment accepted in the Application for the use of the Payment, Cashout and Money Transfer Services are credit or debit cards issued or opened in the name of the User by a credit institution operating in the European Union, over which the User himself has the power to dispose of,  and in euros. 

7.2. In order to verify that the associated Means of Payment are authentic, the Company may carry out an operation for their validation, consisting of making a low-value charge to the Means of Payment in question, which will be returned in accordance with the refund procedures established by the issuing entity of the Means of Payment. 

7.3. In any case, the User may only use Payment Methods that are his/her own, valid and in force and under the control of the User, and that the User has the right to use in general and, in particular, for the use of the Services. 

8. Procedure for using the Payment, Cashout and Money Transfer Services 

8.1. Request and authorization of the payment order by the User 

8.1.1. In order to use the Payment, Cashout and Money Transfer Services, the User must have logged in to their Profile in the Application, and made a prior request through the Application to use said Services, in which they must indicate that they wish to make use of them. 

In the case of the Cashout Service, you will also need to specify the exact amount of cash you wish to withdraw. 

In the case of the Money Transfer Service, you must also specify the details of the Recipient of the money transfer (who must meet the requirements described below), the delivery option, the currency selected for receiving the money and the exact amount of money you wish to send (as well as, if applicable, any other information that may be required by the Application at that time).  

8.1.2. The Establishment in which, where applicable, the User is going to make use of the Payment and Cashout Services, may request documentation accrediting the User’s age of majority, as many times as it deems appropriate. 

8.1.3. In the event that the Payment Methods allow the holder to carry out transactions without the need for strong authentication (for example, because a legal exemption applies), or other means of authentication (such as contactless technology or similar), it will not be necessary to use any other additional authentication method up to the limit and under the conditions established at any time by the issuing institution of the Payment Method. Otherwise, according to the criteria established by the issuing entity of the Payment Method, the User may be required for any transaction to carry out a strong authentication, as established at any time by the issuing entity of the Means of Payment in accordance with the applicable regulations, so that the User may have to carry out a second 3D Secure (3DS) verification on the issuer’s own website or application of the Means of Payment. With the confirmation of the strong authentication, the payment order is completed and sent via the Application to the Company. 

8.1.4. The entry of the User’s Password and credentials, validation by means of strong authentication, the selection of boxes or the clicking of icons with the terms «ok», «accept», «confirm» or similar, or the proximity of the Device to the Point of Sale terminals of the Establishment or other payment equipment, shall be considered as the contractual signature of the User,  They shall be considered equivalent to the handwritten signature and shall have full legal effect, and shall serve as proof of the completion of the transaction. 

8.2. Receipt and irrevocability of the payment order 

8.2.1. The authorized payment order as described in the preceding clauses is deemed to have been received immediately by the Company, and cannot be cancelled, being irrevocable by the User from the moment the Company receives it (without prejudice to the fact that the period of validity of the code to use, if applicable, the Payment and Cashout Services in the Establishments,  may expire as follows; and without prejudice, likewise, to the fact that the money transfer made based on the Money Transfer Service may expire in the event of non-collection, as explained below), the User expressly authorizing the charge of the amount corresponding to the payment transaction, including the taxes, fees and commissions applicable with such authorization,  on the payment instrument selected by the User. If the charge fails, we will be entitled to attempt the charge one or more times, on the same payment instrument.  

8.2.2. In the event that the User sends the Company a payment order containing errors, discrepancies, repetitions or contradictions, the Company may execute it according to the data provided by the User in the payment order or refuse to execute it, regardless of the nature of the error, discrepancy, repetition or contradiction. In any case, neither the Company, nor Sefide, nor MoneyGram, nor the Establishment shall assume any responsibility for errors, discrepancies, repetitions or contradictions in the payment orders sent by the User, regardless of whether or not it is executed in accordance with the provisions of this clause. 

8.3. Validation and debiting of the operation 

8.3.1. With this authorisation, in the event of use of the Payment and Cashout Services in the Establishments, the Application will generate a code, which will have a maximum period of validity, which will allow the User and the Device from which the transaction is carried out through the Application to be identified. The code generated by the Application will be scanned by the Establishment’s point-of-sale terminal, or otherwise entered manually, or recognized by the system available to each Establishment for this purpose. 

The payment of the purchase through the Payment Service and the delivery/withdrawal of cash through the Cashout Service will take place once the Company has validated the transaction at the Establishment after scanning or entering the code generated. The Merchant may not make cash available to the User (in the case of the Cashout Service) or consider the purchase as paid (in the case of the Payment Service) until the Company validates the transaction. 

8.3.2. With such authorization, in case of use of the Money Transfer Service, the application will generate a reference number that the Recipient will need (together with the corresponding identification documentation, as described below) for the collection of the money. The transaction cannot be considered authorised until you have been provided with the reference number. 

8.3.3. The use of the Payment, Cashout and Money Transfer Services is subject to the fact that the Payment Methods and/or the Electronic Money Account (depending on where the payment operation is funded) are not cancelled or blocked, and have sufficient balance to carry out the corresponding operation. If the Payment Method and/or the Electronic Money Account is cancelled or blocked, does not have a balance, or this is not sufficient for the full execution of the transaction, the transaction will not be validated, and the Company will not be obliged to execute it, leaving the Company, the Establishment, Sefide and MoneyGram (as the case may be),  exempt from any liability for damages that may occur due to the failure to carry out the operation. 

8.3.4. Therefore, the Company will validate the transaction in case the User has sufficient available funds, and will proceed to charge the User the amount of the transaction (the payment of the purchase and, if applicable, the amount of the cash withdrawn, or the amount of the transfer or transfer of money), to the Payment Method or the Electronic Money Account,  as designated by the User. 

It is expressly stated that payments for the Money Transfer Service may only be funded from the User’s Electronic Money Account. 

8.3.5. The User authorizes and accepts the charge of the transaction (including applicable taxes, commissions and fees) on the Payment Method or the Electronic Money Account that he/she has designated, in accordance with the provisions of these Terms and Conditions, regardless of whether it has been authorized by the User or any third party with access to his/her Device,  Application, Electronic Money Account and/or Means of Payment (without prejudice to the application of the cases of exoneration of liability in this case that may be provided for in the Terms and Conditions). 

8.3.6. The value date of the charge to the Payment Method or the Electronic Money Account may not be earlier than the time when the amount of the payment transaction is debited. 

8.3.7. Once the transaction has been validated by the Company, in the case of Payment and Cashout Services, the cashier staff of the Establishment, as the case may be, will deliver to the User the cash requested, and/or a receipt indicating the amount of the purchase and the cash delivered. 

8.3.8. Once the operation of the Money Transfer Service has been validated by the Company, MoneyGram will send the money to the Recipient, to the account specified by the User in the Application, in accordance with the deadlines and other conditions contained in the MoneyGram Money Transfer Terms, which will depend (among others) on the delivery option selected,  the availability of the option and the specific features of the Money Transfer. 

The User must notify the Recipient that the shipment has been made and is ready for collection. In addition, the User has the obligation to ensure that the information provided by the Recipient and the reference number of the money transfer transaction are not disclosed to any third party or made available to the public (except to the Designated Recipient himself), and will hold the Company and MoneyGram harmless in the event that such information comes to the knowledge of any third party other than the Recipient. 

The Recipient must identify themselves, in the case of cash collection, to the MoneyGram personnel in charge of delivering the money to the Recipient, providing the details of the money transfer (such as the identity of the User ordering the transfer, the reference number of the transaction, the place of origin of the transaction, the amount of the transaction and the Recipient’s own identification). Identification requirements may differ by country, and MoneyGram staff may request documentation proving the User’s identity as many times as they deem appropriate. 

In no event shall the Company, MoneyGram, or MoneyGram staff be liable in the event of delivery of the money to anyone (other than the Recipient) who has provided MoneyGram staff with the details of the remittance to the Recipient and what MoneyGram staff reasonably believes to be valid evidence of identification of the Recipient.  

8.4. Additional requirements to be met by the Recipient  

The information entered by the User in the Application relating to the Recipient must be true, accurate and current, and may not contravene the provisions of these Terms and Conditions, the Sefide E-Money Account Agreement and/or the MoneyGram Money Transfer Terms.  

The User must ensure that the Recipient complies with the requirements set forth in these Terms and Conditions, the Sefide E-Money Account Agreement and/or the MoneyGram Money Remittance Terms in order to be a «Recipient» for the purposes of the Money Transfer Service.  

Notwithstanding the foregoing, the Company and/or MoneyGram shall have the right to authenticate and verify the information that the User provides about the Recipient, to make inquiries to third parties about the Recipient, and to request from the User any other information that may be necessary for such authentication and verification. 

The User shall be solely responsible for the Recipient’s compliance with these Terms and Conditions, the Sefide E-Money Account Agreement and/or the MoneyGram Money Remittance Terms, and shall hold the Company, MoneyGram and any third party harmless from all liability, damages, penalties,  surcharge or loss that may arise from the total or partial breach of the foregoing. 

8.5. Blocking or refusing to execute any payment order 

8.5.1. The Company reserves the right to block or refuse the execution of any payment order in the event of suspicion, for objectively justified reasons, of the use of the Payments, Cashout and Money Transfer Services that is irregular, unauthorized, fraudulent, unlawful or otherwise contrary to these Terms and Conditions (as well as the Sefide Electronic Money Account Agreement and/or the Sefide Electronic Money Submission Terms). MoneyGram Money), as well as in the event that the Company requires additional controls and verifications in connection with a transaction, which would prevent its immediate execution.  

Notwithstanding the foregoing, the execution of the payment order may also be delayed in the event that the Company requires such additional checks and verifications in relation to a transaction, which would prevent its immediate execution. 

8.5.2. The Company shall not be obliged to disclose to the User the reasons for doing so, except as required by law, in which case the Company shall notify the User prior to blocking or refusal, indicating the procedure for rectifying any factual errors that may have led to it; if this is not possible, the Company will notify us immediately afterwards. However, under no circumstances will the reasons be communicated to the User if the communication of such information is compromised for objectively justified security reasons or is contrary to any regulatory provision. 

8.5.3. The Company, Sefide, MoneyGram and the Establishment shall be exempt from any liability for any damages that may be caused by the failure to carry out the transaction in these cases. 

8.6. Transaction Information. Returns & Exchanges 

8.6.1. If the User wishes to obtain an invoice for the purchase of products or services through the Payment Service, he/she must request it at the Establishment where the transaction has been carried out. 

8.6.2. The Company, at the request of the User, may provide proof of the purchase of products or services carried out through the Payment Service, within a reasonable period of time. 

8.6.3. Notwithstanding the foregoing, the User may consult, at any time, and free of charge, the information on his/her trading history and each specific transaction carried out through the Application itself. 

8.6.4. For any check, exchange or return of the products or services purchased through the Payment Service that may proceed in accordance with the policy of each Establishment, it will be necessary for the User to present the purchase receipt issued by the Establishment. If applicable, the amount will be refunded in the same way as the payment for the purchase was made. 

8.6.5. Under no circumstances will cash withdrawn on the basis of the Cashout Service be refunded. 

8.6.6. Money transfers authorized by the User in use of the Money Transfer Service may be cancelled by the User, through the Application by requesting support, if the Recipient has not received it in their account or has not yet collected it. In this case, neither the Company nor MoneyGram will reimburse the User for the commissions, costs, fees and other expenses applicable to the relevant transaction, but only the amount of the transfer. 

8.7. Expiry of Money Remittances 

8.7.1. Remittances made based on the Money Remittance Service will be deemed to  have expired in the event of non-pickup, in accordance with the deadlines set forth in the MoneyGram Remittance Terms. 

8.7.2. Once the remittance has expired, MoneyGram shall not be entitled to deliver the money and the Company or MoneyGram shall attempt to contact the User so that the User may obtain a refund of the undelivered amount. In no case will such refund entail the refund to the User of the commissions, costs, fees and other expenses applicable to the corresponding transaction, but only the amount of the shipment. Refunds will be made in euros, and in the same payment instrument used to send money. 

9. Limits on Services 

The provisions of this clause are without prejudice to any other part of these Terms and Conditions, the Sefide E-Money Account Agreement and/or the MoneyGram Money Transfer Terms. 

9.1. Limits of the Cashout Service 

9.1.1. The Cashout Service is subject to the following limits, which may be modified at any time by the Company, after notifying the Users: 

a) Cash withdrawals at Merchants may only be made if they are linked to a purchase paid for through the Payment Service at the time immediately following the cash withdrawal at the same Merchant. 

b) Cash withdrawals will have the minimum and maximum limits per transaction that can be consulted in the Application (in the economic conditions section), and must be made in multiples of 10 euros. 

c) The maximum amount of cash withdrawals per User (including cash withdrawals made in any Establishment) during each calendar month will be the one that can be consulted in the Application (in the economic conditions section). 

d) The Establishment will give priority to the delivery of cash in banknotes and, if this is not possible, in fractional coins with a value of not less than one (1) euro, although it may deliver smaller coins according to availability. 

e) In any case, cash withdrawals will be subject to the availability of the Establishment. 

9.1.2. The User expressly waives any claim for damages against the Company, Sefide, the Establishment and any third party, which the lack of availability of cash in the Establishment and, therefore, the inability to use the Cashout Service, may cause. 

9.2. Money Transfer Service Limits 

9.2.1. The maximum amount of money that may be sent through the Money Transfer Service (whether individual or   aggregated), as well as the maximum number of daily, weekly, or any other time remittances, may be subject to such limits as may be communicated from time to time by MoneyGram through the Money Transfer Terms,  and/or to those limits that, at any given time, may be displayed in the Application.  

9.2.2. The User must only use the Money Transfer Service for sending money to friends and family, and refrain from sending money to strangers. The User shall ensure that the Recipient does not receive any payment based on the Money Transfer Service, on behalf of, or in substitution of, any other person for, or in lieu of. The Recipient and the User may not be the same person. 

Under no circumstances may Recipients be included in lists of sanctioned or similar parties, or subject to restrictions imposed by embargoes, or remittances to non-cooperative jurisdictions 

9.2.3. The User may not send a Money Transfer, nor may the Recipients use the Money Transfer Service: 

a) For and/or in relation to any type of illegal, fraudulent or contrary to the law, morality and good customs generally accepted by public order.  

b) For the User to provide himself with a cash advance from his credit card (and/or to assist others, directly or indirectly, in doing so). 

c) For any other use that may be shown in the Application from time to time as prohibited or not permitted 

9.2.4. In the event that remittances to India are permitted on the Application, if the User wishes to send money to a Recipient to India, the User is expressly informed that the Company and MoneyGram process transactions to India in accordance with the Rupee Drawing Arrangements («RDAs») established by the Reserve Bank of India. Sending money to a Recipient in India can never be used for commercial purposes or as a contribution to charity. 

10. Relationship with third parties 

10.1. The User expressly acknowledges and accepts that: (i) purchases paid for through the Payment Service are transactions made directly between the Merchant and the User; (ii) the Company is not responsible for any incidents that may arise between the Establishment and the User on the occasion of the purchase or the products and/or services purchased; and (iii) the Company does not intervene as either a buyer or a seller in these transactions. 

10.2. The Company does not assume any liability in relation to any incidents that may arise between the User and the Recipient of the money transfer. In the event that the Money Transfer Service is used by the User as a consumer and user, the User expressly acknowledges and agrees that: (i) you are using the Money Transfer Service at your own risk; (ii) purchases paid for through the Money Transfer Service are transactions made directly between the User and the Recipient; (iii) the Company is not responsible for any incidents that may arise between the User and the Recipient on the occasion of the purchase or the products and/or services purchased; and (iv) the Company does not intervene as either a buyer or a seller in these transactions. 

10.3. Likewise, the Company shall be exempt from liability in the event of incidents between the User and the issuing entity of the Means of Payment. 

10.4. The Company assumes no liability for Sefide’s compliance with its obligations under the Electronic Money Account Agreement, nor for MoneyGram’s compliance with its obligations under the Money Transfer Terms. 

10.5. The Company does not assume any liability whatsoever in relation to the use, content and operation of third-party applications in which the TOPii Space may be integrated, except exclusively in relation to the TOPii Space and the Services offered in the TOPii Space in accordance with the provisions of these Terms and Conditions. In particular, but not limited to, it shall not be liable for any damage or loss that may be caused to the User derived from the use of the TOPii Space or the Services, when such damage or harm is due, directly or indirectly, to an action or omission of the third party owners of said applications. 

11. Modification of User Information 

11.1. In the event that the User switches to a new Device (compatible with the Application), and provided that he/she maintains the same mobile phone number previously associated with his/her Profile on the new Device, the User will be able to keep his/her Profile and retrieve its associated information on the new Device (including that relating to the Electronic Money Account),  by downloading the Application on the new Device and following the instructions in the recovery process. 

11.2. The User may change the information of his/her Profile, as well as add and remove his/her Payment Methods, and modify his/her telephone number, through the corresponding section of the Application and by following the instructions of the process indicated by the Application. The User who is registered in the use of the Payment, Cashout and Money Transfer Services must always have at least one Payment Method linked to their Profile at all times (as well as the Electronic Money Account with Sefide, which is necessary for the use of the Services). 

11.3. In order to carry out the modifications of the information, the Users may be required to validate the corresponding modification by means of their verification code, which they will receive at that time via SMS at the telephone number associated with the User’s Profile. 

11.4. In case the User forgets his/her Application Password, he/she can recover it through the Application. In order to change or recover this Password, the Company will ask the User for his/her verification code, which he/she will then receive by email. 

12. Profile Security and Locking Rules 

12.1. Security rules to be complied with by the User 

12.1.1. It is absolutely essential to follow the following safety rules in order to use the Services safely. The Company, Sefide, MoneyGram and the Establishments shall be exonerated from any liability that may arise from damages caused or suffered by the User’s failure to comply with these rules. 

12.1.2. The User is obliged to keep his/her Device, Device security keys, Profile Password in the Application, bank and/or electronic card, period of validity of the same and code, bank and/or electronic account, any other security key for the use of the Application, the Electronic Money Account and/or the Means of Payment,  and the reference codes or numbers generated for the use of the Services (to make the payment and/or cash withdrawal and for the collection of the money by the Recipient), in order to maintain their confidentiality and prevent their unauthorized use. 

 To this end, the User must (but not be limited to): 

  1. Always set the Device unlock password; 

  1. Always store your Device in a safe place, out of sight of others when you don’t need it; 

  1. Not to use the Services when you know or suspect that the situation is unsafe (e.g., Wi-Fi networks that are public or passwordless); 

  1. When using the Device, stay alert, not allow yourself to be distracted or accept help from anyone when entering passwords and keys, and position the Device in such a way that no one can see the screen when using the Application; 

  1. Do not give the Device to anyone, and delete the Device App if you give it to a third party for repair or otherwise; 

  1. Choose Passwords, access codes and any other security keys required for the use of the Device, the Application, the Services and the Payment Methods, which are not easy to guess; not to write them anywhere, or to reveal or show them to anyone (not even to employees of the Company or the Establishment, family or friends, business representatives or employees of your financial institution or payment service provider); 

  1. Not to deliver to anyone the codes generated by the Application once you have requested the use of the Services; 

  1. Use anti-virus software on your Device from reputable manufacturers; 

  1. Always update and use the latest version of the Application; 

  1. do not root the Device, as it makes it more vulnerable to malicious programs and could compromise the security of operations carried out through the Application. 

12.1.4. In the event that the User is aware or suspects that such confidentiality has been altered, as well as in the event of loss, theft, theft or theft or improper use of the Device, the Application, the Electronic Money Account or the Means of Payment, or if any incident or failure occurs that could compromise security,   the User must change his/her Password or security keys and/or notify the Company and request the Company to block his/her account as soon as he/she becomes aware of it, without undue delay and, in any case, within 24 hours from the time he/she becomes aware of it. 

12.1.5. The User shall provide the Company with a copy of the relevant report, if required by the Company, and cooperate with the Company to help investigate any illegal actions relating to the User’s Profile. 

12.1.6. The User may also request the Company to unblock his/her Profile, under the User’s own responsibility, who shall exonerate and hold harmless the Company from any liability therefor. The unlocking will be done by the Company free of charge. 

12.1.7. For the purposes set out in this clause, the User may communicate with the Company through the following channels:· operations@topii.com. 

12.1.8. If the Company considers that there are objectively justified causes in which the User’s behaviour is indicative of fraudulent, illicit or illegitimate irregular action of the Services, the Application, the Electronic Money Account or the Means of Payment, the Company may inform the relevant national authority, under the terms established in current legislation. 

12.1.9. The foregoing shall be without prejudice to the User’s obligations to report any incident detected to the competent authorities, to Sefide, MoneyGram, the banks issuing the Payment Methods and/or to its telecommunications provider, in accordance with the applicable legislation and, where applicable, the terms and conditions signed by the User with the corresponding counterparty (including,  but not limited to the Sefide E-Money Account Agreement and the MoneyGram Remittance Terms). 

12.2. Blocking of the Profile by the Company 

12.2.1. The Company reserves the right to block, keep blocked and refuse to unblock the User’s Profile for objectively justified reasons, such as security incidents, suspicions of fraudulent, illegal, illicit, illegitimate use or in any other way contrary to these Terms and Conditions, in order to comply with current legislation, etc. 

The Company shall not be obliged to disclose to the User the reasons for doing so, except as required by law, in which case the Company shall inform the User prior to the blocking or refusal and, if this is not possible, immediately afterwards. However, under no circumstances will the reasons be communicated to the User if the communication of such information is compromised for objectively justified security reasons or is contrary to any regulatory provision. 

The Company will contact the User in the event of suspected fraud, actual fraud, or threat to security, by email or telephone. 

12.2.2. Blocked Profiles may be unblocked by the Company when the reasons for the blocking no longer exist. 

12.2.3. The blocking of the User’s Profile, temporarily or indefinitely, will mean the same (if applicable) for the User’s Electronic Money Account in Sefide (and vice versa). 

12.2.4. The foregoing shall be without prejudice to the actions that Sefide, in accordance with the Electronic Money Account Agreement, may take in relation to the Electronic Money Account, as well as the actions that MoneyGram, in accordance with the Money Transfer Terms, may take in relation to the Money Transfer Service. 

13. Use of the Application by the User 

13.1. By downloading and registering on the Application, the Company grants the User a limited, temporary, non-exclusive, personal, non-sublicensable, revocable and non-transferable license to access and use the Application solely in accordance with the Terms and Conditions and exclusively for the use of the Services. The use of the Application for any other purpose not permitted in these Terms and Conditions is prohibited, and will be considered an infringement of the Company’s intellectual property rights and these Terms and Conditions. 

13.2. The access, browsing and use of the Application is the responsibility of the User, so the User undertakes to diligently, faithfully and lawfully comply with the Terms and Conditions, the applicable legislation, and any additional instructions provided by the Company or its authorized personnel, in relation to the use of the Application and its content,  the Payment Methods, the Electronic Money Account and the Services. 

13.3. In particular, by way of example but not limitation, the User undertakes to refrain from: 

a) Order any payment order, use the Services, the Electronic Money Account, the Application, its contents and any type of information obtained from, or through the Application, for purposes contrary to the law (including, but not limited to, legislation on the fight against tax fraud, money laundering and terrorist financing),  to morals and good customs generally accepted by public order, or in any other way contravening the Terms and Conditions, the E-Money Account Agreement or the MoneyGram Money Transfer Terms. 

b) Have more than one Profile, use a false, fraudulent or altered identity, or use or alter other data of the User, including the use of information (telephone numbers, emails, addresses, identification data, bank accounts, electronic money accounts, Means of Payment, etc.) that do not belong to the User or that are temporary. 

c) Reproduce, copy, capture, download, distribute, exploit, alter, change, modify, block, overwrite or adapt the Application or its content, decompile, reverse engineer, reformat or disassemble the Application, use software mechanisms or scripts in connection with the use of the Application, or access, monitor or copy content or information from the Application by robots, spiders,  scrapers or other automated or manual means. 

d) Attempt to scan or check the security of the Application’s configuration, circumvent, circumvent or violate the security or identification measures of the Application, or robot exclusion protocol, and access, use anonymizing proxies to connect to the Application, or attempt to access servers or accounts to which the User does not have access. 

e) Engage in any conduct that may damage, impair or disable, disable, interfere with, disrupt or disrupt the normal use or proper functioning of the Application, the functions of the Application, the Services, or any part of the Application, as well as the servers or networks used for the availability of the Application, including without limitation,  the introduction of viruses, worms or other harmful or malicious content, attempts to overload, saturate, flood or spam. 

f) Resell or reuse your access to the Application and/or the Services, use them for commercial, business or professional purposes, or use them to promote services that compete, directly, with the business activities carried out by the Company or any company in its business group. 

g) Deep-link or hyperlink to any part of the Application, or use any materials, information and content on the Application in a manner prohibited by the MoneyGram Terms and Conditions, E-Money Account Agreement or MoneyGram Money Transfer Terms. 

h) Carry out any conduct that may harm the interests and rights, or the good reputation, of the Company, Sefide, MoneyGram, the Establishments or any other third party. 

13.4. The User is solely responsible for complying with the obligations of a fiscal and tax nature and, in general, administrative, which, if applicable, are attributable to him/her as a result of the use of the Application and the Services. 

13.5. The User is aware, declares and voluntarily accepts that the use of the Application and the Services is carried out at his/her own risk, and under his/her sole responsibility. 

13.6. The User indemnifies and holds harmless the Company and any third party (including the Establishments, MoneyGram and Sefide) from and against any liability, damage (including consequential damage and loss of profits), charge, liability, handicap, penalty, surcharge, loss, interest or expense (including costs and fees of lawyers, solicitors, notary publics, auditors, accountants, experts, experts or other professionals) that may arise for them as a result of the infringement by the User of the Terms and Conditions, the E-Money Account Agreement, the MoneyGram Money Remittance Terms and/or any law or right of a third party, or as a result of the User’s use of the Application, its content or the Services. 

14. Unauthorized Payment Transactions 

14.1. The User must check through the Application that all payment transactions executed in his/her User Profile are correct, as well as the possible existence of other errors in the transaction history. 

14.2. In the event that an unauthorised payment transaction is executed, or a payment transaction is executed incorrectly, or any other error is detected by the User, the User shall notify the Company as soon as it becomes aware of it, without undue delay and, in any event, within 24 hours from the time it becomes aware of it. 

14.3. For the above purposes, the User may communicate with the Company through the following channels:·operations@topii.com 

14.4. The Company shall be liable for the refund to the User of the amount of an unauthorised or incorrectly executed payment transaction, except in any of the following cases: 

a) When the User has acted fraudulently, illegally, or has breached these Terms and Conditions, including (but not limited to) those relating to the Security Rules, or the MoneyGram E-Money Account Agreement, or the MoneyGram Money Transfer Terms.  

In this case, the User shall bear all losses related to unauthorised or incorrectly executed payment transactions 

b) When such payment transaction has been validated in accordance with these Terms and Conditions or the applicable regulations, and has not been directly affected by a technical failure or any other relevant deficiency attributable to the Company. The Company shall not be held liable for deficiencies and technical failures that are attributable to third parties, such as the issuer of the User’s Means of Payment, Sefide, MoneyGram, the Establishment or the owners of third-party applications in which the TOPii Space is located. 

In this case, the User shall bear all losses related to unauthorised or incorrectly executed payment transactions. 

c) When there has been a theft, theft, theft, loss or misuse of the Device, the Electronic Money Account, the Payment Methods or the Application, or a breach of the confidentiality of the Password and other security keys of the Device, codes and reference numbers of payment orders, and/or for the use of the Application,  the Electronic Money Account and the Means of Payment, and the User does not notify the Company in the manner and within the deadlines established in these Terms and Conditions. 

In this case, the User shall bear all losses related to unauthorised or incorrectly executed payment transactions. 

d) When there has been a theft, theft, theft, loss or misuse of the Device, the Electronic Money Account, the Payment Methods or the Application, or a breach of the confidentiality of the Password and other security keys of the Device, codes and reference numbers of payment orders, and/or for the use of the Application,  the Electronic Money Account and the Means of Payment, and the User does notify the Company in the manner and within the deadlines established in these Terms and Conditions. 

In this case, the User: (i) will bear the losses prior to the time of notification up to a maximum of 50 euros (the excess loss over this limit will be assumed by the Company unless, by law, this corresponds to another subject, such as Sefide, MoneyGram or the entity issuing the Payment Methods); and (ii) you will be exempt from liability for the improper or fraudulent use of the Application made after notification to the Company. 

The provisions of the previous paragraph shall apply, unless the User has acted with intent or negligence (understood as such, by way of example but not limitation, the total or partial breach of any of its obligations based on these Terms and Conditions and especially, but not limited to, those contained in the clause «Security and Profile Blocking Rules»,  as well as in the Electronic Money Account Agreement and the MoneyGram Remittance Terms), in which case the User will bear all losses related to unauthorized or incorrectly executed payment transactions (both before and after the time of notification to the Company), without limit. 

e) If at least thirteen months have elapsed between the date of the debit and the time when the User notified the Company of the unauthorised or incorrectly executed payment transaction. 

14.5. The Company may keep the communications sent by the User, the contracts, records and payment orders signed, and use them as evidence of the execution of the transactions, even after the termination of the contract with the User. 

15. Responsibilities of the Company 

15.1. The Application, its content and the Services are made available by the Company to the User (subject to these Terms and Conditions) on an «as is» and «as available» basis. 

15.2. The Company does not guarantee the availability and permanent continuity of the Application, the Electronic Money Account, its content or the Services, which may be interrupted, unavailable or fail due to causes beyond the Company’s control. 

15.3. The Company is not responsible for the following, notwithstanding that the list is not exhaustive and any other exemption contained in the Terms and Conditions: 

a) The way in which the User uses the Application, its content, the Services, the Electronic Money Account, the Payment Methods or the linked or hyperlinked sites. 

b) Infringement by the User of the industrial and intellectual property rights of the Company or third parties, as well as infringement of the User’s industrial and intellectual property rights by third parties. 

c) Any damage or loss of data caused to the User as a result of the normal or abnormal operation of the search tools, the organisation or location of the content and/or access to the Application and, in general, the errors or problems created during the development or use of the technical elements that the Application or a program provides to the User. 

d) Any type of content, information or opinion on the Application, including those published by other Users, Sefide, MoneyGram or the Establishments, as well as the contents of those sites that the User may access from the links or hyperlinks included in the Application (whether or not they are authorised) regardless of whether they originate from the User or from third parties,  as well as its lack of veracity, completeness or updating. 

e) The actions and omissions of third parties, including Sefide, MoneyGram, the Establishments, the issuers of the Payment Methods and other Users, regardless of whether they have a contractual relationship of any kind with the Company. 

f) The access of a minor or legally incapacitated person to the Application, being the responsibility of the parents, guardians or legal representatives to adequately control the activity of the minor or incapacitated person in their care, or to install any tool to control the use of the Internet in order to prevent access to materials or content not suitable for them,  as well as the provision of personal data without your authorization. 

g) Errors and delays in the access to the Application by the User when entering their data in the corresponding form, the delay or impossibility of receiving any information displayed in the Application or any other anomaly that may arise when these incidents are due to problems in Internet access,  to third parties outside the Company, or as a result of an exceptional cause or any other unforeseeable contingency beyond the good faith of the Company. 

h) The provision of services and supplies from third parties, including transport through telecommunications networks, reliability, quality, continuity and operation that does not correspond directly to the Company. 

i) Errors and incidents that may arise in communications, their deletion or incomplete transmissions, as the Company cannot guarantee that the Application will always be operational. 

j) Loss of information and damages caused to the User or third parties by computer viruses, worms or any other harmful element or external agent that third parties may deposit in the Application or in the electronic documents and files hosted in the User’s or third party’s computer system. 

k) Errors and damages caused in the Application by inefficient or bad faith use by any User. 

l) The non-functioning of the mobile phone, e-mail or Payment Methods provided by the User to the Company through the corresponding forms, or any other problems in the information provided by the User. 

m) Failure to comply with the Company’s obligations set out in these Terms and Conditions, when such failure is caused by the Company’s compliance with a legal obligation, or when such failure is caused by causes beyond the Company’s control (i.e., errors and transactions not carried out or carried out late for reasons attributable to third parties other than the Company,  force majeure or fortuitous event). 

n) Any discrepancies that may arise between the printed version of your documents and the electronic version of the same published in the Application. 

o) The use, content and operation of the third-party applications in which the TOPii Space may be integrated, except exclusively in relation to the TOPii Space and the Services offered in the TOPii Space in accordance with the provisions of these Terms and Conditions. 

15.4. To the extent possible, the Company undertakes to: 

a) To solve any technical problems that may arise and to offer the necessary support to the User in order to reach a quick and satisfactory solution to the incidents; and 

b) Adopt the necessary measures to ensure the security and privacy of the Application. The Company shall not be liable when, having adopted the relevant security measures, these have been breached by external agents. 

15.5. Without prejudice to any other rights of the Company set out in these Terms and Conditions, the Company reserves the right, at its sole discretion, and without the User being entitled to compensation therefor, to: 

a) Modify the Terms and Conditions, the conditions of access to the Application, the structure, information, content, Services or materials of the Application. 

b) Interrupt access and temporarily suspend the Application without prior notice to the User, for technical, security, control, maintenance or any other reason. 

c) Block, restrict and withdraw the use of content introduced by third parties or by the User himself that is illegal, fraudulent or that violates applicable laws, morality or public order in any other way. 

d) Deny, prevent, restrict, limit or prohibit access to the Application, deactivate or delete the Profile, and suspend, cancel or terminate the provision of the Services, to any User who does not make lawful, honorable or diligent use of the Application (including, but not limited to, the use of the Application without complying with the Terms and Conditions,  the E-Money Account Agreement or the MoneyGram Money Transfer Terms). The Company reserves the right to apply the appropriate legal measures to prevent this type of conduct, or as a consequence of it. 

16. Termination 

16.1. Cancellation of the Profile by the User 

16.1.1. The User may terminate the Terms and Conditions by unsubscribing from his/her Profile in the Application at any time, through the means established for this purpose in the Application itself, free of charge. 

16.1.2. The cancellation of the Profile will imply the loss by the User of all the information and content stored in all the Applications in which the Profile has been registered (although the User may download their information before proceeding with the cancellation), without prejudice to the fact that the Company will keep such information duly blocked in accordance with the legal regulations,  as set forth in the Privacy Policy. 

16.1.3. The cancellation of the Profile will also imply the cancellation of the Electronic Money Account with Sefide. In relation to the balance that may be available in the E-Money Account, the provisions of the E-Money Account Agreement shall apply. Cancellation of the Profile will also result in termination of the MoneyGram Money Transfer Terms. 

16.2. Resolution at the initiative of the Company 

16.2.1. The Company may terminate these Terms and Conditions and terminate the User’s Profile immediately at any time: (i) in the event that the User breaches these Terms and Conditions, the E-Money Account Agreement or the MoneyGram Money Transfer Terms, (ii) for security reasons,  (iii) in the event of reasonable suspicion of fraudulent, unauthorized or illegal use, (iv) in the event that Sefide terminates the E-Money Account Agreement (regardless of the circumstances of such termination), (v) in the event that MoneyGram terminates the MoneyGram Money Transfer Terms (regardless of the circumstances of such termination) and (vi) as otherwise set forth in applicable law,  or any other clause of these Terms and Conditions. 

The Company shall not be obliged to disclose to the User the reasons for doing so, except as required by law, in which case the Company shall inform the User prior to the blocking or refusal and, if this is not possible, immediately afterwards. However, under no circumstances will the reasons be communicated to the User if the communication of such information is compromised for objectively justified security reasons or is contrary to any regulatory provision. 

16.2.2. The Company reserves the right to delete the Application, as well as the Services, in whole or in part, unilaterally and without the need for justified cause, with at least two (2) months’ notice at the time of termination. 

16.2.3. The provisions of this clause shall be without prejudice to the provisions of other clauses of these Terms and Conditions. 

16.2.4. Termination by the Company shall also entail the cancellation of the Electronic Money Account with Sefide (and vice versa). In relation to the balance that may be available in the E-Money Account, the provisions of the E-Money Account Agreement shall apply. Termination by the Company will also result in termination of the MoneyGram Remittance Terms. 

16.3. Execution of Operations and Liability in Case of Cancellation 

16.3.1 The cancellation of the Terms and Conditions by either party shall not prevent the execution of payment transactions that would have been authorised by the User prior to the cancellation in accordance with these Terms and Conditions, nor shall it relieve the User of any liabilities that may have arisen prior to the cancellation. 

17. Intellectual and industrial property rights 

17.1. By downloading the Application, the Company grants the User a free, temporary, non-exclusive, personal and non-transferable license to use the Application solely in accordance with the Terms and Conditions (and the MoneyGram E-Money Account Agreement and Money Transfer Terms) and only to use the Services. The use of the Application for any other purpose is prohibited, and will be considered an infringement of intellectual and industrial property rights. 

17.2. Access to the Application does not confer on the User any right or ownership over any intellectual or industrial right that has not been expressly granted in the previous clause. 

17.3. The User acknowledges and accepts that the elements and rights of intellectual or industrial property to which he/she has access and that are related to the Services and the Application, or contained therein (such as, by way of example but not limitation, the name TOPii, the TOPii logo, the Services, the TOPii website,  the Application, the content and elements of the Application, as well as the order and structure as presented in the Application, and any other copyrights, patents, mixed, figurative or word marks, trade names, designs, logos, distinctive signs, symbols, images, audio files, color combinations, software, source codes and any other analogues, including those that refer to the Establishments,  Sefide and MoneyGram) (the «Intellectual and Industrial Property Rights«), belong exclusively to the Company, which is the owner of all industrial and intellectual property rights derived therefrom, or the Company holds all relevant and necessary licenses and/or authorizations from the holders of such intellectual and industrial property rights,  to make use of them; and are, in any case, protected by the applicable legislation in force. 

17.4. The User, as well as any other third party, is not allowed to copy, modify, alter, reproduce, publish, communicate, distribute, sell, transfer, reverse engineer, create derivative works, or exploit in any other way, in whole or in part, the Intellectual and Industrial Property Rights. 

17.5. The Company reserves the right to make any modifications and/or improvements it deems necessary to the Application and its software, at any time and without prior notice, even when the modifications and improvements may originate from suggestions, ideas or contributions from the User. Such modifications and improvements shall become the property of the Company. 

17.6. The Company reserves the right to use judicial remedies or any other type of remedies to which it is entitled, against any violation or infringement of Intellectual and Industrial Property Rights. 

18. Personal data 

18.1. The User’s personal data will be processed in accordance with Regulation (EU) 2016/679 of 27 April, on the protection of natural persons with regard to the use of  personal data and their  free movement,as well as  the provisions of Organic Law 3/2018, of 5 December, on the protection of personal data and the guarantee of digital rightsand other applicable regulations on the protection of personal data. 

18.2. The following is the basic information regarding the processing of the User’s personal data collected through the Application. 

 

 
 
 
 
 
 

Responsible 

 
 
 
 
 

TOPii Fide Europe, S.L. (theCompany”). 

 
 
 
 
 

Data Collected 

 
 
 
 

Identification data, contact data, documentation that proves identity, biometrics, derived from the operations carried out through the Application, the use of the Application and the Services, the Means of Payment, Passwords of the Application, the Device on which the Application is installed, geolocation. The Privacy Policy outlines the consequences of not providing them. 

 
 
 
 
 

Purposes 

 
 
 
 

Manage and verify registration and access to the Application, provide the Services and monitor compliance with the Terms and Conditions, provide information to the User, manage the operation of the Application. Improvement of the Application and Services, improvement of User service, improvement of security, prevention of fraud, risk assessment, analysis of use of the Application. Use of anonymized biometric data to improve the App and use of geolocation data. 

Profiling.  

Sending commercial communications about our products and services, as well as third-party products and services. 

 
 
 
 
 

Legitimation 

 
 
 
 

The formalization and correct execution of the Terms and Conditions that govern the Service and the use of the Application. The satisfaction of the Company’s legitimate interest. Compliance with legal obligations by the Company. The User’s express consent for each of the purposes that require it. 

 
 
 
 
 

Recipients 

 
 
 
 

The Company and its group entities. Other recipients for the proper provision of the Services. Supervisory bodies or authorities, public administrations, competent bodies or courts. Third parties for the sending of commercial communications. 

 
 
 
 
 

Rights 

 
 
 
 

Access, rectification, deletion, limitation, opposition, portability, withdrawal of consent and not to be subject to automated decisions. You can exercise these rights at the Company’s data protection officer at dpo@topii.com or at the Company’s registered office. 

 

In relation to access to the contact list, we inform you that this occurs to improve your communication experience, and therefore, we collect and process the information on the list. This allows us to identify which contacts are already using Topii, making it easier for you to communicate directly via chat with them. Contact list information is processed securely and we do not share it with third parties. Verification is done internally to ensure your privacy and that of your contacts. Your acceptance implies your agreement to the provisions of this clause. 

18.3. For more information, the full Privacy Policy can be found here: https://www.topii.es/politicas-de-privacidad.html. 

18.4. The Privacy Policy is an integral part of these Terms and Conditions. We recommend that the User read the Privacy Policy carefully, as it explains how their personal data will be processed. 

18.5. Registration and use of the Application shall be subject to prior acceptance of the Privacy Policy. 

18.6. In addition, the User is reminded that Sefide’s personal data processing policy, regulated in the Electronic Money Account Agreement, will also apply in relation to the Electronic Money Account (which the User must accept prior to registration and use of the Application), and which can be consulted at https://sefide.com/politica-de-privacidad/. 

The User is also reminded that MoneyGram’s personal data processing policy, regulated in the Money Transfer Terms, will also apply in relation to the Money Transfer Service (which the User must accept prior to registering and using the Application), and which can be consulted at https://www.moneygram.com/intl/privacy-notice. 

19. Cookies 

19.1. Downloading and using the Application may involve the use of cookies. The Company provides the User with extensive and clear information on the use of cookies through the «Cookies Policy», which can be consulted here: https://www.topii.es/politicas-de-privacidad.html. 

19.2. The Cookie Policy is an integral part of these Terms and Conditions 

20. Linked Links 

20.1. The User and, in general, any third party wishing to establish a technical linking device (whether links or hyperlinks, links or buttons) from its website (website, application or similar) to the Application or from the Application to its site (the «Links») must obtain prior written authorisation from the Company. 

20.2. The Company is not responsible for the processing of data by third parties who establish Links to the Application, nor for those who are responsible for sending Users to their website through a Link in the Application. 

20.3. The establishment of the Link does not imply the existence of a relationship between the Company and the owner of the site that establishes the Link (unless expressly established in these Terms and Conditions), and in any case, it does not imply the acceptance or approval of its contents and services by the Company. The Links may not be considered as a recommendation, sponsorship or distribution, by the Company, of the information, products and/or services or, in general, contents, owned by third parties, offered by them or disclosed by them in any way. 

20.4. The Company assumes no responsibility for the contents, commercial activities, products and services that may appear, through Links, directly or indirectly, in the Application. The Company is not responsible in any way for the results obtained through these Links or for the consequences arising from the User’s access to these Links. 

20.5. The Company reserves the right to prohibit or disable any Link to the Application, especially in the case of illegal activities or content of the site where the Link is included. 

21. Modification of Terms and Conditions 

21.1. The Company reserves the right to modify, in whole or in part, any aspect, material or otherwise, of the Terms and Conditions, at its own discretion, at any time: (i) in general, after notifying the Users at least two (2) months before the time the modification becomes effective, or (ii) in the event that the modification is unequivocally more favorable to the User,  immediately. 

21.2. The current version of the Terms and Conditions is the one published from time to time, and from the moment of publication on the Application. 

21.3. In the event that the User does not accept the modifications, the User must ensure that he/she cancels his/her Profile prior to the entry into force of the modifications (by unsubscribing, free of charge, through the Application). The User is deemed to accept the modifications if he/she does not cancel his/her Profile prior to the entry into force of the modifications, and/or if the User makes use of the Application after the updated Terms and Conditions. 

21.4. Consequently, the User should periodically read the Terms and Conditions, which are available to him through the Application, in order to be aware of any changes, as they are binding on the User from the moment of their application. 

21.5. The User may request from the Company the Terms and Conditions in force, which the Company will send free of charge to the User to the email address associated with his/her User Profile. In the event that the User requests to be sent by any other means (including, where applicable, paper delivery), the Company may charge the User, where appropriate, for the costs corresponding to the delivery, which will be reasonable and in accordance with the costs actually borne by the Company. 

21.6. Likewise, the User is reminded that the Electronic Money Account Agreement and the MoneyGram Money Transfer Terms may also be modified, in accordance with the provisions of each of them. For this reason (and without prejudice to the provisions of such agreements), the Company recommends that the User periodically read the MoneyGram E-Money Account Agreement and the MoneyGram Money Transfer Terms. 

22. Waivers and Nullity 

22.1. No waiver by the Company of any term or condition set forth in the Terms and Conditions shall be deemed a further or continuing waiver of such term or condition, or of any other term or condition. 

22.2. If any part of the Terms and Conditions becomes invalid, illegal or unenforceable, this shall not affect the validity of the remaining Terms and Conditions, which shall remain in full force and effect. 

23. Assignment 

23.1. The Company may assign all or part of its rights under the Terms and Conditions, as well as the Services, upon written notice to the User at least sixty (60) days prior to the time the assignment becomes effective. The assignment thus made is expressly permitted by the User by accepting these Terms and Conditions. 

23.2. The User may not assign, in whole or in part, to any third party the User’s rights and obligations arising from the Terms and Conditions. 

24. Governing Law and Jurisdiction 

24.1. These Terms and Conditions, and any controversy, dispute or claim arising out of or in connection with them, shall be governed by the common law of Spain. 

24.2. Any controversy, dispute or claim arising from these Terms and Conditions is hereby submitted to the jurisdiction of the corresponding Courts and Tribunals of the Kingdom of Spain in accordance with the regulations applicable in each case. 

25. Complaints, communications, information and queries 

25.1. For any communication, query or information that the User may have in relation to the Application or the Services, as well as to inform the Company of any type of incident or claim, the User may contact the Company through any of the following channels:· by mail to Calle Velázquez 76, lower left,  28001, Madrid, by e-mail to operations@topii.com, or through the contact form on the https://www.topii.es websitehttps://www.topii.es/. 

The Company will respond to the User within a maximum period of fifteen (15) business days from the day on which the Company received the communication, unless, due to exceptional circumstances, the Company is unable to provide a definitive response within that period. In this case, the Company may give a provisional response, and will have a period of one (1) month from the day on which the Company received the communication, to give a definitive response. 

25.2. Likewise, the User may make any complaint or claim (not related to the Money Transfer Service) to the Customer Defense Service of SEFIDE EDE, S.L.U. («Sefide«), through any of the channels published by Sefide on its website: https://sefide.com/.    

Sefide will respond to the User within a maximum period of fifteen (15) business days from the day on which the Company received the communication, unless, due to exceptional circumstances, Sefide is unable to provide a definitive response within this period. In this case, Sefide may give a provisional response, and will have a period of one (1) month from the day on which Sefide received the communication, to give a definitive response. 

The User can consult Sefide’s Client Defense Regulations at https://sefide.com/.   

25.3. The User may also submit any complaint or claim related to the Money Transfer Service to the Customer Defense Service of MoneyGram International, S.A. («MoneyGram«), through any of the channels published by MoneyGram on its website: https://www.moneygram.com.     

MoneyGram will respond to the User within a maximum period of fifteen (15) business days from the day on which the Company received the communication, unless, due to exceptional circumstances, MoneyGram is unable to provide a definitive response within that period. In that case, MoneyGram may provide a provisional response, and will have one (1) month from the day on which MoneyGram received the communication, to provide a final response.