TERMS AND CONDITIONS
These Terms and Conditions of Use regulate the access, navigation and use of the website www.curiara.com/eu and the services provided to its users (hereinafter, «User») through the Curiara platform (hereinafter, «the Platform») and constitute the general contracting conditions under which the services of sending money to Venezuela are provided.
These T&C, as well as their modifications and together with any other legally relevant terms and information, related to the use of the services provided, will be available to the user at all times on the Platform and on the website www.curiara.com/eu.
For the purposes of these T&C the following parts are defined:
1.1. USER OR CUSTOMER
The individual over 18 years of age who, complying with the established registration requirements, accesses, navigates, requests and/or uses (either as originator or beneficiary) the services of sending money to Venezuela and who has accepted these T&C for the execution of such services.
Curiara Financial Services LLC («Curiara») is the technology provider and owner of the Platform and the www.curiara.com/eu website. This entity is authorized in Miami, USA, with address for this purpose at 8504 NW 66 St., Miami (33166, Florida, U.S.A.) and registered under number FT230000281.
1.3. PAYMENT SERVICE PROVIDER
The company that provides the money transfer services is Easy Payment and Finance, E.P., S.A.U., (hereinafter «Easy»), a company incorporated in Spain with Tax Identification Number A85785905, registered in the Commercial Registry of Madrid, Volume 27111, folio 157, page M-488476, registration 1/A 1ª and whose registered office is at Calle Gran Vía 51, 6º C – 28013 – Madrid. The website is https://easy-ep.com/.
Easy is a payment services institution authorized and supervised by the Bank of Spain under the payment services regulations, with authorization number 6849.
The Bank of Spain is the financial supervisory authority of Spain, with address at Calle de Alcalá, 48, 28014 Madrid. Link to the website: https://www.bde.es/bde/es/
Easy guarantees that the funds received for the execution of money transfer operations are safeguarded in a bank account separate from your own funds within a credit institution.
2. DESCRIPTION OF THE SERVICE
This platform is made available to users so that they can send money to Venezuela, in a simple, safe, transparent and fast.
Sending money consists of receiving funds from an originator without creating a payment account in the name of the originator or the beneficiary, for the sole purpose of transferring an equivalent amount to a beneficiary or another payment service provider acting on behalf of the beneficiary or receive funds on behalf of the beneficiary and make them available.
– Country of origin: the country from which the client wishes to convert money to pay in another country (Spain);
– Country of destination: the country where the client’s money will be paid (Venezuela);
– Currency of origin: the currency agreed upon for the delivery of the money in the country of origin (Euros)
– Destination currency: the currency agreed upon for the payment of the client’s money in the country of destination (Bolivars)
– Exchange rate: the exchange rate agreed and accepted by the client to calculate the currency exchange. The exchange rates applicable at any given time for sending money are shown on the Platform and on the website;
– Ordering party: the natural or legal person who issues an order to send money;
– Beneficiary: the natural or legal person who is the intended recipient of funds that have been the subject of a money transfer operation;
– Order: an action, initiated via the Internet or a device that can be used for remote communication, by the payer or, consisting of the transfer of funds, irrespective of any underlying obligations between the payer and the payee
– Business day: day of business opening, for the purposes necessary for the execution of a payment transaction, of the payment service providers of the payer or the payee involved in the execution of the payment transaction. In the case of payment accounts contracted telematically, the calendar corresponding to the place where the head office of the payment service provider with which they have been contracted is located shall be followed.
The following explains how the platform works and the steps to follow when sending money to Venezuela.
The User must register on the Platform www.curiara.com/eu, providing the information required in the mandatory fields of the system (name, surname, country of residence, country of birth, date of birth, telephone, email and set a personal password).
The User shall be responsible for providing true and lawful information.
Once registered, a message will be sent to the indicated e-mail address with a link that will allow the verification of the e-mail address provided at registration and in order to activate the account and accept the T&C.
Then, the User will be able to access his personal area where he will be required to fill in additional data (for example, the complete postal address, occupation and monthly income and the data related to the identity card, nationality, type of document, document number, date of issue, expiration and place of issue).
In turn, it will be necessary to provide a valid identity document, either through the section or email enabled for this purpose.
Once the identity document has been received and together with the information provided, it will be checked and if it is correct, the User’s registration will be approved. An email will be sent to confirm that the user can start ordering money transfers.
In case of suspicion about the information provided, additional documentation may be requested and even the User’s profile may be blocked.
4.2. PERSONAL AREA
Once registered, the User will have access to his/her personal area that allows him/her to save previous operations organized by date and name of the beneficiary and to save bank account data for recurrent operations, guaranteeing better control of money transfer orders.
Through the personal area, the User will be able to consult all the data of the operations and the state in which the sending is, to receive and to make communications referring to the operative or possible incidences.
To access the personal area will require enhanced user authentication.
4.3. SENDING MONEY
4.3.1. New Shipment
To initiate a money transfer order, the user must access your personal area of the platform and select the option «New sending», where you must enter the data of the transfer order (country of destination, data of the beneficiary, including identity card, relationship with the beneficiary, method of payment at destination and amount of the shipment).
At this point you will be able to see the operation data: commissions, applied currency exchange rate, final amount that the beneficiary will receive in his local currency, etc.
If the User agrees with the operation data, he/she must give his/her consent and access the «Payment Phase» (in which the User delivers to Easy the funds associated with the money transfer operation).
Before the User accesses the «payment phase», an identification code of the operation will be generated, which will allow him/her to track the operation.
4.3.2. Payment Phase
At this stage, the User is asked to proceed to deliver the funds associated with the money transfer operation by means of a transfer from his or her account or by means of a credit or debit card.
In the first shipment of money made by the user through the platform, the delivery of funds may only be made by bank transfer from an account owned by the user and opened in an entity domiciled in Spain, in the European Union or equivalent third countries.
The delivery of funds in subsequent operations can be made by credit or debit card.
A. «Payment by transfer
If the User uses this modality, the User will select, from those indicated, one of the payment accounts owned by Easy, to which he will transfer the funds from an account of his ownership.
He will then indicate the date on which the transfer was made and the operation number.
The money transfer operation will be held until Easy confirms the reception of the transfer in the indicated account.
B. «Payment by card»
If the User uses this modality, the system will go to Easy’s bank payment gateway, where the User must enter the card data (holder, card number, expiry date and security code or CVV) and authorize the operation following the requirements established by the customer’s card issuing entity.
When the amount of the money transfer order exceeds 3,000 euros, it must necessarily be paid into Easy bank accounts.
In addition, additional measures will be taken to identify and know the customer in operations whose amount, either in the singular or accumulated in each calendar quarter, exceeds 3,000 euros in transfers.
4.3.3. Confirmation of acceptance and receipt of the order
The money transfer orders issued by the User in a non-presential manner through the Platform will be considered authorized by the sender when he has given consent for its execution, which will happen at the time that the User accepts through the process of enhanced authentication, after completing the process of issuing the money transfer order.
The time of receipt of the payment order will be as follows:
i. For «card payments»: the moment when Easy’s bank confirms through its «payment gateway» the acceptance of the card payment operation.
ii. For «transfer payments»: the moment when the amount of the payment operation has been credited to Easy’s bank account.
4.3.4. Irrevocability and Rejection of an Order
Unless otherwise agreed, the User may not revoke a money transfer order after it has been received by Easy and sent to the correspondent.
It is possible to refuse to execute a payment order, notifying the User of this refusal, the reasons for it and the procedure for rectifying any factual errors that may have led to it.
In the event that the execution of a money transfer order is refused, the funds shall be returned to the User in the same form in which they were delivered, unless by legal imperative it is not possible to make such a refund.
4.3.5. Maximum period of execution of the operation
The amount of the operation will be paid to the beneficiary as soon as possible after the money transfer order is received by Easy and depending on the correspondent entities that may intervene in the execution of the payment.
In cases where the User acts as the payer, Easy guarantees that the amount of the operation, in which the User acts as the payer, is credited to the account (of the payment service provider) of the beneficiary, at the latest at the end of the working day following the moment of reception and provided that the operation is carried out in EUROS (Euro).
4.3.6. Proof of the operation
The User will receive, in his personal area and/or through the contact form established in the T&C, a ballot with the data of the operation:
– Operation reference
– Amount of the payment transaction in the currency used
– Total amount corresponding to the operation’s commissions and expenses, duly broken down
– Exchange rate used in the operation
– Date of receipt of payment order
– Identification of the Sender and Beneficiary
5. EXPENSES, APPLICABLE COMMISSIONS AND EXCHANGE RATES
The registration and use of the platform does not involve any cost to the user. However, the use of the services is subject to specific costs.
The exchange rates applicable, where appropriate, to the conversion of currencies implicit in the single payment order, and the maximum fees applicable at all times to the operation and its costs will be exposed on the website and the Platform.
The User must pay the costs and fees that are applicable to the operation in question.
The person receiving a payment order will be paid the net amount contained in the single payment order delivered, after deducting, where appropriate, all costs and taxes that were applicable to the operation in the country of destination.
In the event that three (3) months have passed since the receipt of funds from payment transactions without being able to execute the payment order or return the funds to the payer, Easy will charge a monthly fee from these funds for balance management.
Charges for revocation of payment orders and charges for recovery of funds for payment transactions with incorrect payee ID may be charged to the User.
The minimum purchase and maximum sale rates or, where appropriate, the single rates applied to transactions not exceeding 3,000 euros shall be published on the Platform in a clearly visible place.
These rates will also be those applied to foreign currency purchase and sale operations derived from money transfer orders, with a limit of 3,000 euros.
When the amount is greater than 3,000 Euros, the customer will be offered the exchange rate applicable to the specific transaction.
According to the regulations of the Central Bank of Venezuela, all money transfers shall be paid in VEF at the exchange rate available on the day the recipient withdraws the money.
When a payment order is executed in accordance with the instructions received from the User and contained in the single order, it will be considered correctly executed in relation to the specified payee. Therefore, if any of the data provided by the User is incorrect, the liability for non-execution or defective execution of the payment transaction shall not apply.
6.1. Unauthorized operations
In the event that an unauthorized transaction is carried out, the amount of the unauthorized transaction shall be refunded to the user immediately and, in any event, no later than the end of the working day following that on which the transaction was observed or notified, unless there are reasonable grounds for suspecting fraud and the Banco de España is notified of these grounds in writing.
Where appropriate, the payment account debited will be returned to the state in which it would have been if the unauthorized transaction had not taken place.
The value date of the credit to the payer’s payment account shall not be later than the date on which the returned amount is debited.
6.2. Transactions not executed or incorrectly executed
The user will obtain a rectification of an unauthorized or incorrectly executed payment transaction only if he or she communicates this without undue delay, as soon as he or she becomes aware of it and, in any case, within a maximum period of thirteen months from the date of the debit.
We shall not be liable for those operations not executed or incorrectly executed due to the User’s fault.
A transaction shall be deemed to have been executed correctly if it is proven that the transaction was executed in accordance with the information provided by the User.
6.3. Exclusion of liability
No liability will be assumed for damage due to unusual and unforeseeable events over which we have no control and the consequences of which, despite exercising due diligence, cannot be avoided (caused, for example, by events beyond our control, failure of telecommunication lines, civil disturbance, war or other events).
7. TECHNICAL AND SAFETY REQUIREMENTS
The Platform is available on the Internet at www.curiara.com/eu. The security of communications between the platform and users are guaranteed through the use of SSL/TSL certificate that encrypts the flow of information and allows it to travel safely through the network.
In addition, our payment service provider uses the 3D Secure verification that prevents unauthorized payment transactions over the Internet.
It is the User’s responsibility to keep his or her registration data (e.g., usernames, passwords) properly secure and to prevent them from being accessed by unauthorized third parties.
8. INTELLECTUAL PROPERTY
Curiara, by itself or as assignee, is the owner of all intellectual and industrial property rights of its platform and website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or text; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by Curiara or its licensors.
All rights reserved. By virtue of the provisions of articles 8 and 32.1, second paragraph, of Royal Legislative Decree 1/1996, of April 12, 1996, approving the Revised Text of the Intellectual Property Law (hereinafter, «IPL»), regularizing, clarifying and harmonizing the legal provisions in force on the subject, the reproduction, distribution and public communication, including the method of making available, of all or part of the contents of this website, for commercial purposes, on any support and by any technical means, without the authorization of Curiara, is expressly prohibited.
The User agrees to respect the intellectual and industrial property rights owned by Curiara. You may view the elements of the website and platform and even print them, copy them and store them on your computer’s hard drive or any other physical support as long as it is solely and exclusively for your personal and private use. The User must refrain from removing, altering, evading or manipulating any protection device or security system that was installed on the website and the Platform.
9. EXCLUSION OF WARRANTIES AND USER RESPONSIBILITY
Curiara is not responsible, in any case, for damages of any nature that could cause, by way of example: errors or omissions in the contents, lack of availability of the portal or the transmission of viruses or malicious or harmful programs in the contents, despite having adopted all the necessary technological measures to avoid this.
The User shall be solely responsible to third parties, for any communication sent personally or on their behalf to the website, as well as for the illegitimate use of the contents and services therein.
In turn, the User agrees to make appropriate use of the contents and services that Curiara offers through the Platform and, by way of illustration but not limitation, not to use them to (i) engage in illegal, unlawful activities or those contrary to good faith and public order; (ii) cause damage to the physical and logical systems of Curiara, its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that may cause damage; (iii) attempt to access and, where appropriate, use the e-mail accounts of other Users.
In no case does Curiara assume responsibility for the contents of links belonging to other websites, nor does it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, veracity and validity of any material or information contained in any of these hyperlinks or third party sites. Likewise, the inclusion of these external links shall not imply any kind of association, merger or participation with the connected entities.
Notwithstanding the above, some links will be previously negotiated or agreed with the person responsible for the linked content, so that a consideration is generated for the actions freely taken by the User. This situation will not affect in any case the exclusion of responsibility for the linked content or the independence of this media.
11. PREVENTION OF MONEY LAUNDERING AND FINANCING OF TERRORISM
When the User registers on the Platform and subsequently performs a transaction, Easy is requested and sent the data necessary for the management of the money transfer service and the personal information and documentation of the users that is necessary for the correct identification and knowledge of these, that is, the so-called due diligence measures, such as: formal identification, real ownership, activity and origin of funds, etc.
If you become aware of any event or operation that may be related to money laundering or the financing of terrorism, you shall notify Easy of this event or operation.
Curiara will keep customer documentation on behalf of Easy for the periods stipulated in the regulations on the prevention of money laundering and the financing of terrorism,
12. CUSTOMER SERVICE AND COMPLAINTS
If the user has any doubts or complaints about the services provided by Curiara, they can send an email to the following address:
At the same time, if the User has any doubt or complaint about the services provided by Easy, he can contact Easy’s Customer Service at the following address:
The Customer Service Department will resolve any complaints and claims submitted within 15 working days of their submission. In exceptional situations, if an answer cannot be given within 15 working days for reasons beyond our control, a provisional reply will be sent, clearly indicating the reason for the delay in reply and specifying the period within which the customer will receive the definitive answer. In any case, the deadline for the receipt of the final response shall not exceed one month.
The procedure for the resolution of complaints and claims is detailed in Easy’s Customer Service Operating Regulations, which the User can access via the following link https://easy-ep.com/sac.
13. DATA PROTECTION
Curiara will comply with current regulations on personal data protection, especially Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data (hereinafter, «RGPD») and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (hereinafter, «LOPDGDD»).
Curiara will be considered responsible for the processing of personal data collected through the platform itself, either in the registration process or during the use of the platform / website, in order to manage the registration and the relationship with the user on the platform, manage, update and maintain the platform and, with the explicit consent of the user, to perform commercial actions.
In turn, Curiara will be considered responsible for the processing of personal data collected through the platform in order to manage the service of sending money that is providing Easy.
Curiara’s identification data are indicated in point 1 of these T&C.
Curiara will only keep the data for the necessary time, while the relationship with the User lasts and in accordance with applicable legislation. Curiara will only process the data when one of the following conditions is met
– The User has given his or her consent to the processing of his or her personal data
– The treatment is necessary for the execution of a contract
– The treatment is necessary for the fulfillment of a legal obligation
– The treatment is necessary to satisfy the legitimate interest of Curiara and/or Easy
On the other hand, Curiara informs the User of the necessity of collecting and registering certain data (marked with an asterisk [*]) as not providing these could prevent Curiara or Easy from providing the requested services.
Users’ personal data may be assigned and/or transferred to third countries for the fulfillment of the indicated purposes. In such cases, the personal data will continue to enjoy a high level of protection, as it is either made to countries declared by the European Commission as being of an adequate level, or complies with the appropriate guarantees.
Users may withdraw their consent, at any time, as well as exercise their rights of access, rectification, deletion, limitation of processing, portability and opposition to the processing of their data, by sending an e-mail to the following addresses
In the event that the data requested by its owner, Curiara, is rectified or deleted, it will proceed to block the data, adopting technical and organizational measures to prevent its processing, except when required by judges and courts.
Curiara will comply with the request and inform the user of the measures taken within one month of receipt. This period may be extended by a maximum of two additional months if necessary, taking into account the complexity and number of requests.
Curiara will inform the User of any such extension within one month of receipt of the request and will respond to the requests through the same channel used by the User, unless otherwise stipulated.
In turn, the User may file a complaint with the Spanish Data Protection Agency (AEPD) as the competent control authority in the matter, at the following address: C/ Jorge Juan, 6 – 28001, Madrid; or via the following link https://sedeagpd.gob.es
14. LANGUAGE AND COMMUNICATIONS
These T&C are written in Spanish and communications shall be made in that language, unless the user requests that they be made in any of the other official Spanish languages of the respective Autonomous Communities in which the service is provided.
If the user requests it, the information about the operation and the general conditions will be provided in paper or another durable support.
At the request of the user, he or she may receive, on paper or another durable medium, the T&C here written.
15. MODIFICATIONS OF THE WEBSITE
Curiara reserves the right to make any changes it considers appropriate to its website and/or platform, and may change, delete or add both the content and services provided through them, as well as the way in which they are presented or located on the website.
Curiara reserves the right to deny or withdraw access to its Platform or website without prior notice, at its own request or that of a third party, to those users who do not comply with these T&C.
The T&C that are published at that time on the Platform and/or website are understood to be in force.
These T&C shall be regulated in accordance with the regulations of the Kingdom of Spain and any dispute shall be submitted to the Courts and Tribunals corresponding to the User’s domicile or to the place of fulfilment of the obligation, at the User’s choice.