Terms and Conditions

GENERAL TERMS AND CONDITIONS

1. Welcome to Beam

These are the General Terms and Conditions of the relationship between Beam and the user.

The General Terms and Conditions come into force from 17.02.2024, applying to all people, natural or legal, who visit our Beam website and install and use our Beam mobile app.

In order to visit our website and install and use our application, the user must agree with the content of these General Terms and Conditions .

Browsing our website and installing and using our application for mobile phones represents full and complete acceptance of these Terms and General Conditions, which is why we recommend reading them before continued browsing and/or use.

If you do not agree with these General Terms and Conditions, do not visit the website, nor use our application.

We will occasionally review the General Terms and Conditions.

When this happens, the new version of the General Terms and Conditions will be published in force on the date of its publication.

By continuing to visit our website and use the Beam app from of that date, you will be agreeing to the changes, being bound by the same.

If you do not want to agree, you should stop visiting our website and use our application.

2. About Beam

Beam is a fully digital IT solution that comprises:

a) The Beam IT platform, which is a management, marketing tool and loyalty, designed for traders, aimed at attracting and retaining customers and organize and increase sales of commercial establishments;

b) The Beam mobile phone application, which works as a store catalog and digital wallet, to which consumers can associate sources of financing, such as bank cards and from there make payments contactless in establishments participating in the Beam network.

You can find more information about Beam on our website.

3. Definitions and interpretation 

a) Agreement: refers to these General Terms and Conditions, as well as any policies and documents adjacent to it;

b) Beam: is the Beam solution or services, or GBC S.A., or our affiliates, or anyone working for us or these entities, or that is authorized to act on behalf of Beam or these entities;

c) Beam Account: refers to the account that a user opens in our application.

d) Beam Account Holder: refers to the person who opened and maintains an account with us;

e) Participating establishments: refers to stores and other sales locations that have an agreement in place with Beam under which they enable payment for goods and/or services made available through the application Beam and Beam credits;

f) Beam Credits: refers to the credits that Beam account holders acquire when purchasing goods and/or services, using our application. Beam credits are immediately available and can be used in any participating establishment;

g) Beam loyalty credits: these are the credits attributed free of charge to the Beam account holder as a reward for their loyalty when purchasing goods and/or services of a specific participating establishment, under the terms and conditions established by that same establishment;

h) Beam Vouchers: these are discount vouchers that can only be used when purchasing of specific goods and/or services sold in a given establishment adherent;

i) Beam Products: these are Beam credits, Beam loyalty credits and Beam vouchers. They are made available in the user’s Beam account and can be used through our application;

j) Beam Transaction: refers to the acquisition of goods and/or services in a participating establishment, using the Beam application to carry out the respective payment;

k) Reversal or refund: occurs when a financial institution or other payment service provider, which issues and/or supports a payment method payment from a Beam account holder for the purpose of carrying out Beam transactions, determines that the amount in question must be returned. The refund or refund decision is made independently by the institution financial institution or payment service provider that issues or supports the payment method. Beam is obliged to follow the instructions of this financial institution or payment service provider;

l) Bank Card: refers to the credit card or debit card, which the user linked to their Beam account;

m) Payment Method: refers to bank card or any other source of financing that is offered by the user and accepted by Beam as a way to settle the purchase price of the product or service in the participating establishment;

n) Identity proof: refers to the process we carry out to verify your identity, in order to comply with KYC requirements (know yourcustomer) and the applicable law, particularly in terms of combating money laundering and terrorist financing. This process may require you to provide us with information and documentation;

o) Reversal: refers to the situation in which we suspend the performance of Beam transactions through a user’s Beam account. This happens because the financial institution, or payment service provider, that issued or supported the user’s payment method, decided to reverse the payment because you believe it is a fraudulent payment;

p) User: any Beam account holder who uses Beam products;

q) References to the singular mean plural and vice versa;

r) Titles are used for convenience only and do not affect the interpretation of this agreement;

s) A reference to a document includes the modified document (if any) and any document that replaces it;

t) The word “person” includes a natural person and any body or entity;

u) A reference to a thing includes a part of that thing;

v) A reference to the whole or any part of a statute, rule, regulation, decree, or law includes that statute, rule, regulation, decree or law as amended, restated, repealed or replaced;

x) Whenever the word “include” or any other way of expressing equivalent to that word is used, it should be interpreted as if it were followed by “not limited to”.

4. Operation of the General Terms and Conditions

This agreement is between Beam and users of Beam services, setting out the terms and conditions that apply to the use of our application, Beam products and our website.

Every time you browse and/or use our application and our website, or the Beam products, you confirm that you agree to be bound by this agreement.

If you do not wish to be bound by this agreement, you must stop browsing our application or website and to use our application and products.

This agreement will, however, continue to apply to your prior use of our application and Beam products.

These General Terms and Conditions, as well as any documents that incorporate them, constitute our entire agreement with you as user, replacing any other agreements, contracts or other statements, whether oral, written or otherwise, previously established and published.

The invalidity or illegality of any clauses of these General Terms and Conditions, does not affect the validity and applicability of the rest.

Any clause that is invalid, illegal or unenforceable shall be considered excluded.

We reserve the right to terminate this agreement at any time, including, in the event that we terminate an agreement with a banking, financial, or another payment service provider that currently supports the Beam transactions, or if we cease our business operations or, further, if we lose or are unable to obtain any licenses, permissions or authorizations necessary for the operation of the application and of Beam products.

5. Changes

We may change the General Terms and Conditions at any time, by for example, if we change the functionality of our Beam products, or if it is necessary, or required by law.

We will publish any revised version of these General Terms and Conditions onour website and in the application.

Unless otherwise indicated, the revised General Terms and Conditions will enter into force as soon as they are published on our website and/or application.

If our changes reduce your rights or increase your responsibilities, we will provide you with at least five business days notice advance.

By continuing to use our services, our application or our website following any changes made to the General Terms and Conditions, you agree to respect and be bound by changes.

If you do not agree with the changes, you can close your account at any time, moment or simply stop using the application, website and/or Beam products.

6. Newsletter

By agreeing to these General Terms and Conditions, you accept, automatically receive our newsletter.

The newsletter is a free service, which consists of the periodic sharing of content associated with the services provided by Beam.

You can cancel the newsletter service at any time, via activate/deactivate option, available in our application and on our website, as well as as in the newsletters sent.

In case of difficulty in canceling the newsletter service through indicated options, you can send an email message to the address support@beamwallet.com, requesting its cancellation.

7. Services

Our services consist of accessing and using the Beam mobile application, which allow the user to make payments at participating stores.

Anyone who pays with Beam instantly receives a reward in money in your account, without validity or conditions, which can later spend at any participating store.

Our services include payment collection and payment processing, including issuing receipts in the name of participating establishments.

Beam does not supply the goods and services provided by establishments adherents. These are independent third parties, not Beam employees.

8. Beam Account

To open a Beam account, you must provide us with all the information requested and ensure that they are always correct.

Some information is requested to reduce the risk of fraud or to comply with our legal obligations, including combating money laundering.

In order to use the Beam application to make payments, you must provide a payment method or financing source valid card, such as a credit card, debit card or other payment method accepted by Beam.

You authorize us, directly or through third parties, to make any inquiries and/or inquiries that we deem necessary to prove your identity.

This may include requesting a credit report, carrying out other credit checks and also verifying the information you provide to us against third-party databases.

When you open a Beam account and associate a payment method or source of financing, you agree that you may be charged a small amount, for the purposes of verifying the validity of that method or source and identification, which will later be returned to you.

9. Obligations

If you open and maintain an account with us, you must:

a) Pay any fees associated with the use of Beam products and your Beam account;

b) Ensure that all information you provide, including data contact, are true, accurate, current and complete and that, if subject to changes, you will update them;

c) Provide, in a timely manner, when requested, all necessary documentation, and information regarding your identity or give us the necessary authority to we operate your Beam account;

d) Do not use your account or Beam products for any illegal activity, fraudulent or improper;

e) Cooperate fully with us in the event of an investigation of any suspected illegal, fraudulent or inappropriate activity on your Beam account;

f) Know and pay any taxes applicable to payments made you effect.

g) Do not allow unauthorized third parties to use your Beam account;
– To use our application and visit our website, the user needs have an internet connection;
– Responsibility for obtaining and paying the internet connection fee, including mobile data consumption, is exclusively up to the user.

In addition, the user must take reasonable measures to prevent misuse of your account.

The user must maintain adequate security and control over any device, access credentials and personal identification number or code you use to access your Beam account and services.

The user must also comply with all applicable laws.

You may only use the Beam website, application and products to lawful activities and for the purposes for which they were intended, in accordance with these General Terms and Conditions.

You must not misuse the Beam application or attempt to defraud Beam, neither participating establishments nor third parties.

By agreeing to these General Terms and Conditions you are giving authorization to Beam to reveal your profile and information about your purchase behavior (made with the Beam account) for payment processors that are supported by Beam. You also authorize us to reveal this information to regulatory, administrative, police and security authorities, with the aim of eliminating fraud and illicit behavior.

When using the Beam app, website and products, you must not:

a) Violate these General Terms and Conditions;

b) Violate any law, decree-law, ordinance or regulation;

c) Infringe copyright, patents, trademarks, secrets commercial or other intellectual property rights, or copyrights, advertising, or privacy, of Beam, participating establishments or third parties.

d) Provide false, incorrect or misleading information;

e) Acting fraudulently or engaging in the purchase of counterfeit items, stolen, or considered illegal;

f) Copy, reproduce, communicate to third parties, alter, modify, create works derivatives, publicly display or frame any Beam content without due prior written consent;

g) Transmit any virus or malicious code that may damage, interfere, clandestinely intercept or expropriate any user data, or that may interfere with the provision of the application, website and Beam products and services, or the affairs of our users;

h) Take any action that could cause us to lose any of the services from our internet service providers, data processors, payments or other suppliers or service providers;

i) Take any action that unreasonably burdens or disproportionately our application, website, software and systems operated by us or on our behalf, including any networks and servers used to provide any of our services;

j) Reveal your Beam account access credentials to third parties, nor use someone else’s access credentials. Beam is not responsible for losses you may incur, including the use of your account for any person other than you, arising from the improper use of the credentials of access;

k) Use, or attempt to use, the Beam services, website and application for others purposes other than making payments in connection with Beam transactions or management of your account, including through tampering, hacking, modification or any other form of corruption of the security, or functionality of our services, application and website.

Our failure to act regarding a security breach or breach generated by the user, or by third parties, does not imply any waiver of our right to act regarding future breaches and security breaches.

If you give express permission to a third party to perform specific actions on the your name, or to access your Beam account information, either through use of that third party’s products or services, or otherwise, you acknowledge that we may disclose, to this third party, the information that expressly authorize, granting permission to third parties to access your account, regardless of the form, it does not exempt you from any of the respective obligations and responsibilities arising from these General Terms and Conditions.

The user is responsible, before Beam, for the actions that he authorizes third parties to accomplish.

Furthermore, you acknowledge and agree that you will not hold us liable for any risk arising from the actions or omissions of this third party in relation to permissions you granted him. If this last hypothesis occurs, you should compensate us for the resulting losses to Beam.

Beam Credits

When making payments at participating establishments via Beam application, you purchase Beam products (Beam credits) which you can then exchange for goods and/or services at participating establishments. To do so happens, you need to use our application when carrying out transactions. Therefore, when using your Beam account to purchase goods and/or services at participating establishments, you agree to purchase Beam credits.

You agree and acknowledge that the acquisition of Beam products will only occur, in Beam wallet, when we receive an authorization from your payment method payment. All Beam credits will remain the property of Beam until that we have received your payment in full.

If we do not receive payment authorization from your payment method payment for proposed Beam transactions, we will not process your order.

You agree and acknowledge that, once authorization for payment of the payment method, you will not be able to revoke or withdraw your payment request.

The delivery of Beam credits that you have acquired through purchases that carried out in participating establishments will be carried out through a message sent to your mobile device (smartphone). Do you recognize and you agree that the risks in Beam credits (including the risk of loss or damage) will pass to you immediately, as soon as the message is transmitted successfully to your mobile device.

If participating establishments refuse or fail to accept the use of Beam credits presented by you (except for illegality, fraud, or any other reasons set out in these Terms and Conditions, or even due to any other conditions of sale agreed between you and the establishment), you must notify us in writing of this fact, within the maximum period of seven days after refusal.

Once we receive this notification, we will contact the participating establishment in question in order to obtain a solution and to Beam credits bee accepted.

If, despite our intervention, Beam credits continue to not be accepted by the participating establishment, then we will refund the corresponding amount of Beam credits that you were unable to use.

You confirm and agree that our responsibility to you for any Beam credits that the participating merchant refuses to honor under the terms described, will be limited to the refund of the amounts as mentioned above and that, upon such reimbursement, we will be fully exempt from all claims arising from such dishonor of Beam credits  by the participating establishment.

When the Beam credits you decide to use to purchase goods and/or services in participating establishments are sufficient to pay the entire respective price, no payments will be taken from your payment method.

On the other hand, regarding the Beam credits that you decide to use to purchase goods or services in participating establishments are not sufficient to pay all of the respective price, but only part of it, we will send a request for authorization of your payment method in the amount of remaining. Once payment authorization is received by us, we will be entitled (either directly or through other providers of payment services appointed by us) and, without further need for turn to you, debit funds in your name (from your payment method applicable) and transfer the funds to us.

Refund

In certain circumstances, you may be entitled to a refund of your payment, relating to Beam transactions.

When this happens, the funds related to that refund will be returned to you within five business days after Beam receives the refund amount from participating establishment. Or, as the case may be, within five working days after, if there is a failure or refusal of Beam credits by the adherent establishment, counting from our intervention.

Refunded payments are returned to the payment method used and from which they were removed.

Beam Account Closure

We may terminate your Beam account at any time, including but not limited to limited to this, for a violation of these General Terms and Conditions.

You will be notified by email or via an alert on your mobile device or application, of account closure.

If your Beam account is closed, we remain obligated to honor any Beam transactions that are pending and we will make every effort and  reasonable measures to ensure that participating establishments honor any Beam credits validly purchased by you and any refunds of pending payments at the date of closing your account.

You acknowledge, however, that Beam has no obligation to honor, or complete, any new transactions relating to your Beam account.

You will remain responsible for all outstanding obligations related with your Beam account, before its closure.

Warranty

We will make every effort possible to ensure that establishments members accept Beam credits in exchange for the goods and services they make available.

We will make every effort possible to ensure that transactions carried out through the Beam application, relating to Beam products, are processed in a timely manner, but we cannot provide guarantees as to the time will be necessary to complete this processing, as the completion of the Beam transactions depend on factors outside our control, such as delays in the banking system or other supported payment channels by the application.

You acknowledge that access to your Beam account may be interrupted or otherwise affected by factors beyond our control, such as bad operation, delays and other problems inherent to the use of the internet and of other electronic communications and that, for this reason, we cannot ensure continuous and uninterrupted access to your Beam account.

Assignment of Position

You may not assign, subcontract or transfer these General Terms and Conditions, or any rights or obligations arising therefrom, in whole or in part, to third parties.

Beam may, in whole or in part, assign, subcontract or transfer these General Terms and Conditions, or any right or obligation arising therefrom, without your prior consent, to third parties.

User Responsibility

If we consider that you have failed to comply with any of the provisions of these Terms and General Conditions, we may terminate this contract and limit, terminate or suspend your account, as well as refuse to provide our services in the future.

We may at any time suspend, limit or terminate your access:

a) Our application, websites, software or systems, including any networks and servers used to provide any of the Beam services, operated by us or on our behalf;

b) Your Beam account or any of the Beam services, including the limitation your ability to pay or send money using any of the payment methods associated with your Beam account.

We may refuse any payment transaction at any time for  any reason, and it is only necessary to indicate the basis and reasons refusal, as well as how you can resolve the problem, if possible, upon request and provided that this is not prohibited by law.

Nothing in these General Terms and Conditions limits or excludes any liability that cannot be legally limited or excluded, nor does it alter your rights that cannot be excluded by applicable law. You will be responsible for any damages suffered by us as a result of the failure on your part to comply with these General Terms and Conditions, bad your use of the website, the Beam application, the services and Beam credits, or your failure to comply with any laws or rights of third parties.

You will be responsible for all activities carried out through your account. You agree to compensate us for any damage that may arise to us in consequence of third party access to your Beam account, caused by your failure to protect your access credentials. You must comply with the implementation and usage requirements contained in the application, in website and in all documentation that accompanies our services and Beam products. If you don’t meet our implementation requirements and use, you will be responsible for all damages you suffer, as well as damages that Beam and third parties suffer.

You are responsible for all cancellations, refunds, returns, complaints, commissions, fines, penalties and other responsibilities incurred by Beam, by any Beam user, or by any third party, caused or arising your violation of these General Terms and Conditions and/or your use of Beam services, regardless of termination, suspension or closure thereof. Therefore, you agree to reimburse Beam, or third parties, for any and all damages, expenses or losses arising from this situation.

16. Responsibility of the Participating Establishment

Even if you pay the respective price through the Beam application and or using Beam credits, the user acknowledges that the establishment member is the sole seller of the goods and/or services that he/she purchases there. As such, the participating establishment is fully and exclusively responsible for any and all losses, damages, injuries, illnesses and costs that the user may suffer as a result of the delivery, non-delivery or use of such goods and/or services.


17. Beam Responsibility

Beam assumes responsibility for Beam credits, as provided in these General Terms and Conditions. Beam is not legally responsible for illegal information stored and made available on the Beam application at the request of the establishment owner member, as long as he was not aware of their illegality.

Beam will also not be responsible if it removed the illegal information as soon as was aware of its illegality. Beam is not obligated to actively monitor and investigate the information provided by the participating trader, namely to assess whether the whether they are illegal or not. You agree to exempt Beam, including our administrators, representatives, workers and collaborators, from any responsibility in relation to any claim, demand or claim, including legal costs, presented by third parties, arising from:

a) Your violation of these General Terms and Conditions; 

b) The misuse you made of the website application and/or products Beam;

c) Your violation of any law or the rights of third parties;

d) The actions, or omissions, of any third party to whom you have granted permission to use your Beam account.

You agree that we are not responsible for any loss or damage that result, directly or indirectly, from access to your Beam account by third parties unauthorized, resulting from failure to protect access credentials to the your account that was not caused by Beam.

You agree not to hold Beam liable for any damages arising from errors or omissions in the information contained in the application, or on the website and for any damages or viruses that may infect your device, or other property, by virtue of accessing or browsing the application or website.

Beam is not responsible for any damages or losses, including money, credibility, reputation, profits or others, resulting, directly or indirectly, from your use of, or inability to use, our application, our website, software, systems, or any of the credits, products or services we provide.

We do not own, control, nor have any responsibility for your use of any third-party software application in connection with the Beam website, application, services and products.

Beam is not responsible for any losses, damages, injuries, illnesses and costs that the user may suffer as a result of delivery, non-delivery, or the use of goods or services purchased from participating establishments.

Any liability that may be borne by Beam In any case, any liability of Beam or anyone else of our administrators, employees and/or collaborators towards you or towards third parties will always be limited to the amount we receive from your payment method, relating to the Beam transaction in question.


18. Illegal Content

Any person, including users and any entities that consider to exist, on our website and/or in our application, including in spaces used by participating establishments, information that are illegal, they must notify Beam by sending an email message email to reports@beamwallet.com, containing the following elements:

a) Concrete and individualized indication of the information that you consider illegal;

b) Reasoned explanation of the reasons why you consider that the information in question is illegal;

c) Indication of the exact electronic location of that information, such as the exact URL address and any other data relevant to this purpose;

d) Your name and email address, except if the information you provide considers it illegal to involve one of the crimes referred to in articles 3 to 7 of the Directive no. 2011/93/EU;

e) Declaration confirming your good faith and that the information and allegations made by referred to are accurate and complete.

Beam will notify users or reporting entities of the decision for you adopted regarding the complaint, as well as the possibilities for reparation relating to that decision.


19. Intellectual Property

You acknowledge that all rights in our software and any other intellectual property elements linked to the website, application, Beam products and/or services are our property.

You agree to grant Beam a non-exclusive, worldwide, royalty-free right royalties, irrevocable and licensable, from exercising property rights intellectual, advertising and database information about your information, with the in order to provide you with our Beam services and products.

If you use Beam software that you downloaded to your device, website, or platform, you will be granted a revocable license, not exclusive and non-transferable use of our software, in accordance with these General Terms and Conditions and with any other information and documentation provided to us regarding the use and integration of said software.

The license includes the software and all its updates, new versions and replacement software. Any software application belonging to third parties that you use in connection with the Beam website, application, services and products is subject to license you agreed to. You may not rent, assign or in any way transfer the rights relating to the Beam software we provide to you.

You agree not to alter, reproduce, adapt, distribute, display, publish, make reverse engineer, translate, disassemble, or otherwise attempt to create any source code derived from the Beam software.


20. Applicable law

These General Terms and Conditions must be interpreted in accordance with Portuguese law, by which they are governed.


21. Dispute Resolution

Our main objective is to prevent and avoid conflicts. If this is not possible and conflicts exist, then we ask that you get in touch with us by sending an email describing the situation to support@beamwallet.com so that we can find a solution. 

Any complaint or report related to the refusal of a participating establishment to accept payments with Beam, or to accept the use of Beam credits, must first be reported through the option existing in the Beam application.

All conflicts, complaints and claims arising within the scope of these General Terms and Conditions Prescribe within one month of taking knowledge of the circumstances that gave rise to it, or of the date on which you should have been aware of these circumstances.


22. Arbitration

If conflicts are not resolved within thirty days after being reported under the terms mentioned above, then either party may resort to the arbitration mechanism, in accordance with the Rules of the Arbitration by the Portuguese Chamber of Commerce and Industry in Lisbon.

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

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


23. Forum

The Cascais judicial court is exclusively competent to resolve any dispute arising from these General Terms and Conditions, with express waiver of any other.


24.  Communication and Notifications

You agree that these General Terms and Conditions and any notice related to your Beam account and/or your use of the application, Beam website, services and products will be available on the website or in the application, or they may be sent to you by email, depending on we consider to be more appropriate.

You will need to have access to the internet and an email account to receive communications and information regarding our services. There is, also, the possibility of communicating with you by postal mail, although not we are obliged.

The notifications we send you by message to your mailbox electronic form that you indicated to us will be considered delivered on the day following the day of sending, unless the message is immediately returned by the email server.

If notification is sent by post to the address you provided, it will be considered delivered on the third day after the day of dispatch.


25. Single Points of Contact

Except where otherwise follows from these General Terms and Conditions, or expressly declared by us, any communication you want to us sent must be in the form of an email message, with sent to support@beamwallet.com.

Authorities wishing to communicate with Beam on matters related to the application of Parliament Regulation (EU) 2022/2065 European Union and the Council of 19 October 2022, they must do so by post electronically, to the address legal@beamwallet.com.


26. Privacy

We collect, use and disclose information about you as described in these General Terms and Conditions and in the Privacy Policy, available at our application and on our website.