These Terms and Conditions of Use regulate the access, navigation and use of the website www.curiara.com/us and the services provided to its users (hereinafter, “User”) through Curiara’s platform (hereinafter, “the Platform”) and constitute the general terms and conditions under which the money transfer services 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/us.
By accessing, registering and using the Service, the User agrees to be bound by the terms and conditions of use, general terms and conditions of contract and privacy policy described herein (hereinafter, collectively, “T&C”). Please read this information carefully before performing any operation.
For the purposes of these T&Cs, the following parties are defined as follows:
The natural person over 18 years of age who, complying with the established registration requirements, accesses, navigates, requests and/or uses (either as originator or beneficiary) the money remittance services to Venezuela and who has accepted these T&C for the execution of such services.
Curiara Financial Services LLC (hereinafter “Curiara”) is the technology provider and owner of the Platform and the website www.curiara.com/us. Entity licensed in Miami, U.S.A. with address for these purposes at 8504 NW 66 St., Miami (33166, Florida, U.S.A.) and registered under registration number FT230000281.
The company providing 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 Mercantile Registry of Madrid, Volume 27111, folio 157, page M-488476, entry 1/A 1ª and whose registered office is located at Calle Gran Vía 51, 6º C – 28013 – Madrid. The website is https://easy-ep.com/.
Easy is a payment services entity 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 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 its own funds within a credit institution.
This platform is made available to users so that they can send money to Venezuela in a simple, safe, transparent and fast way.
Money remittance consists of the receipt of funds from a payer without any payment account being created in the name of the payer or the payee, for the sole purpose of transferring an equivalent amount to a payee or to another payment service provider acting on behalf of the payee or receiving funds on behalf of the payee and making them available to the payee.
– Country of origin: the country from which the customer wishes to convert money to pay in another country (Spain);
– Destination country: the country where the customer’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 destination country (Bolivars);
– Exchange rate: exchange rate agreed and accepted by the customer to calculate the currency exchange. The exchange rates applicable at any given time to money transfers are displayed on the Platform and on the website;
– Originator: the natural or legal person who issues an order to send money;
– Beneficiary: the natural or legal person who is the intended recipient of the funds that have been the subject of a money remittance transaction;
– Order: an action, initiated through the internet or a device that can be used for remote communication, by the originator or, consisting of transferring funds, irrespective of any underlying obligations between the originator and the beneficiary.
– Business day: the business opening day, for the purposes necessary for the execution of a payment transaction, of the payer’s or payee’s payment service providers 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 is an explanation of how the Platform works and the steps to follow to send money to Venezuela.
The User must register on the Platform www.curiara.com/us, 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 establish a personal password).
The User shall be responsible for providing truthful and lawful information.
Once registered, a message will be sent to the indicated e-mail address with a link to verify the e-mail address provided at registration and to activate the account and accept the T&Cs.
The User will then be able to access his/her personal area where he/she will be asked to fill in additional data (e.g. complete postal address, occupation and monthly income and data concerning identity document, nationality, type of document, document number, date of issue, expiry date and place of issue).
In turn, it will be necessary to provide a valid identity document, either through the section or e-mail enabled for this purpose.
Once the identity document is received and together with the information provided, it will be reviewed and if it is correct, the User’s registration will be approved. A confirmation email will be sent confirming that the user can start ordering money transfers.
In case of suspicion about the information provided, additional documentation may be requested and the User’s profile may be blocked.
Once registered, the User will have access to his personal area that allows him to save previous transactions organized by date and name of the beneficiary and to save the bank account data for recurring transactions, ensuring a 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 status of the shipment, receive and make communications regarding the operation or possible incidents.
Access to the personal area will require the User’s strong authentication.
4.3.1. New Shipment
To initiate a money transfer order, the User must access his/her personal area of the Platform and select the option “New transfer”, where he/she must enter the details of the transfer order (country of destination, details of the beneficiary, including the identity document, relationship with the beneficiary, method of payment at destination and amount of the transfer).
At this point you will be able to see the details of the transaction: commissions, currency exchange rate applied, final amount that the beneficiary will receive in his/her local currency, etc.
If the User agrees with the transaction data, he/she must give his/her consent and access the “Payment Phase” (in which the User delivers the funds associated with the money transfer transaction to Easy).
Before the User accesses the “payment phase”, a transaction identification code will be generated, which will allow the User to track the transaction.
4.3.2. Payment phase
At this stage, the User is requested to transfer the funds associated with the money transfer operation by means of a transfer from an account owned by the User or by means of a credit or debit card.
In the first money transfer 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.
Delivery of funds in subsequent transactions can be made by credit or debit card.
A. “Payment by transfer”.
If the User uses this method, the User will select, from those indicated, one of the payment accounts owned by Easy, to which he/she will transfer the funds from an account owned by him/her.
You will then indicate the date on which the transfer was made and the transaction number.
The money transfer operation will be held until Easy confirms receipt of the transfer in the indicated account.
B. “Payment by card”.
If the User uses this method, the system will direct to the payment gateway of Easy’s bank, where the User must enter the card data (cardholder, card number, expiration date and security code or CVV) and authorize the transaction following the requirements established by the issuer of the customer’s card.
When the amount of the money remittance order exceeds 3,000 euros, it must necessarily be carried out by crediting the amount to bank accounts owned by Easy.
In addition, additional measures will be adopted to identify and know the customer in transactions whose amount, either individually or accumulated in each calendar quarter, exceeds 3,000 euros in transfers.
4.3.3. Confirmation of acceptance and receipt of the order
Money remittance orders issued by the User in a non-face-to-face manner through the Platform shall be deemed authorized by the payer when the payer has given consent for its execution, which shall occur at the time the User accepts through the enhanced authentication process, after completing the process of issuing the money remittance order.
The time of receipt of the payment order shall be as follows:
i. For “card payments”: the moment when Easy’s bank confirms through its “payment gateway” the acceptance of the card payment transaction.
ii. For “transfer payments”: the moment when the amount of the payment transaction 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 may refuse to execute a payment order, notifying the User of such refusal, the reasons for the refusal and the procedure to rectify any factual errors that may have caused it.
In the event that the execution of a money transfer order is refused, the funds will be returned to the User in the same form in which they were delivered, unless such a refund cannot be made by law.
4.3.5. Maximum term of execution of the operation
The amount of the transaction will be paid to the beneficiary as soon as possible after receipt of the money transfer order by Easy and depending on the correspondent institutions that may be involved in the execution of the payment.
In cases where the User acts as payer, Easy guarantees that the amount of the transaction, in which the User acts as payer, will be credited to the account (of the payment service provider) of the payee, at the latest by the end of the business day following the moment of receipt and provided that the transaction is carried out in EUROS (€).
4.3.6. Proof of the operation
The User will receive, in his/her personal area and/or through the contact form established in the T&C, a ticket with the details of the operation:
– Operation reference
– Amount of the payment transaction in the currency used
– Total amount corresponding to the commissions and expenses of the operation, duly itemized.
– Exchange rate used in the transaction
– Date of receipt of payment order
– Identification of Sender and Beneficiary
The registration and use of the Platform does not imply any cost for the User. However, the use of the services is subject to specific costs.
The exchange rates applicable, if any, to the currency conversion implicit in the single payment order, and the maximum commissions applicable at any time to the transaction and its expenses will be displayed on the website and on the Platform.
The User shall pay the applicable costs and commissions applicable to the transaction in question.
The beneficiary of a payment order will be paid the net amount stated in the single payment order delivered, after deducting, if applicable, all expenses and taxes applicable to the transaction in the country of destination.
In the event that three (3) months have elapsed since the receipt of funds from payment transactions without having been 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.
The User may be charged for the costs incurred by the revocation of payment orders and those arising from the recovery of funds for payment transactions with incorrect payee identifier.
The minimum purchase and maximum sale exchange rates or, as the case may be, the single rates applicable to transactions for amounts not exceeding 3,000 euros shall be published on the Platform in a clearly visible place.
These rates will also apply to currency purchase and sale transactions derived from money remittance orders, with a limit of 3,000 euros.
When the amount exceeds 3,000 euros, the customer will be offered the exchange rate applicable to the specific transaction.
According to the regulations of the Venezuelan Central Bank, 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 singular order, it shall be considered correctly executed in relation to the specified beneficiary. Therefore, in the event that any of the data provided by the User is erroneous, no liability shall apply with respect to the non-execution or defective execution of the payment transaction.
6.1. Unauthorized operations
In the event that an unauthorized transaction is executed, the amount of the unauthorized transaction shall be refunded to the user immediately and, in any case, no later than the end of the business day following the day on which the transaction was observed or reported, except when there are reasonable grounds to suspect fraud and the Bank of Spain is notified in writing of such grounds.
If applicable, the payment account to which the debit was made shall be restored to the state in which it would have been had the unauthorized transaction not been made.
The value date of the credit to the payer’s payment account shall not be later than the debit date of the amount refunded.
6.2. Operations not executed or executed incorrectly
The user shall obtain rectification of an unauthorized or incorrectly executed payment transaction only if he/she notifies this without undue delay, as soon as he/she becomes aware of it and, in any case, within a maximum period of thirteen months from the date of the debit.
We will not be responsible for those operations not executed or executed incorrectly due to the User’s fault.
A transaction shall be deemed to have been executed correctly if it can be demonstrated that the transaction has been executed in accordance with the information provided by the user.
6.3. Exclusion of liability
No liability shall be assumed for damages 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 disturbances, war or other events).
The Platform is available on the Internet at www.curiara.com/us. The security of communications between the Platform and the Users is guaranteed by the use of the SSL/TSL certificate that encrypts the flow of information and allows it to travel securely over the network.
In addition, our payment service provider uses 3D Secure verification which prevents unauthorized payment transactions over the Internet.
It is the User’s responsibility to keep his/her registration data (e.g. user names, passwords) properly secured and to prevent them from being accessible to unauthorized third parties.
Curiara, by itself or as an assignee, owns 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 texts; 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. Pursuant to the provisions of Articles 8 and 32.1, second paragraph, of the Royal Legislative Decree 1/1996, of 12 April, approving the Revised Text of the Intellectual Property Law (hereinafter “LPI”), regularizing, clarifying and harmonizing the current legal provisions on the subject, the reproduction, distribution and public communication, including its mode of making available, of all or part of the contents of this website, for commercial purposes, in any form and by any technical means, without the authorization of Curiara, are expressly prohibited.
The User undertakes to respect the intellectual and industrial property rights owned by Curiara. You may view the elements of the website and the Platform and even print, copy and store them on the hard drive of your computer or any other physical medium provided that it is solely and exclusively for your personal and private use. The User shall refrain from deleting, altering, evading or manipulating any protection device or security system that was installed on the website and the Platform.
Curiara is not responsible, in any case, for damages of any nature that may cause, but not limited to: errors or omissions in the content, lack of availability of the portal or the transmission of viruses or malicious or harmful programs in the content, despite having taken all the necessary technological measures to prevent it.
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 content and services that Curiara offers through the Platform and, by way of example but not limited to, not to use them for the following purposes (i) engage in activities that are illicit, illegal or 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 disseminate computer viruses or any other physical or logical systems that are likely to cause damage; (iii) attempt to access and, if applicable, use the e-mail accounts of other Users.
Under no circumstances does Curiara assume responsibility for the contents of links belonging to third-party websites, nor does it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness and validity of any material or information contained in any such hyperlinks or third-party sites. Likewise, the inclusion of these external connections shall not imply any type of association, merger or participation with the connected entities.
Notwithstanding the foregoing, some links will be previously negotiated or agreed with the person responsible for the linked content, so as to generate a consideration for the actions freely performed by the User. This situation shall in no way affect the exclusion of liability for the linked content or the independence of this media.
When the User registers on the Platform and subsequently performs a transaction, the necessary data 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, i.e. the so-called due diligence measures, such as: formal identification, real ownership, activity and origin of funds, etc., are requested and sent to Easy.
If it becomes aware of any fact or operation that may be related to money laundering or financing of terrorism, it shall inform Easy of such fact 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,
If the User has any questions or complaints about the services provided by Curiara, he/she can send an e-mail to the following address:
– atencionalcliente@curiara.com
In turn, should the User have any questions or complaints about the services provided by Easy, he/she may contact Easy’s Customer Service Department at the following address:
– customerservice@easy-ep.com
The Customer Service Department will resolve the complaints and claims presented within 15 working days of their presentation. In exceptional situations, if a reply cannot be provided within 15 working days for reasons beyond our control, an interim reply will be sent, clearly stating the reason for the delay of the reply and specifying the deadline within which the customer will receive the final reply. In any case, the deadline for 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 can be accessed by the User through the following link https://easy-ep.com/sac.
Curiara will comply with current legislation on the protection of personal data, especially Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (hereinafter, “GDPR”) and the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights (hereinafter, “LOPDGDDD”).
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 carry out commercial actions.
In turn, Curiara will be considered the data processor of the personal data collected through the Platform for the purpose of managing the money transfer service provided by Easy.
Curiara’s identification data are indicated in point 1 of these T&Cs.
Curiara will only keep the data for the necessary period of time, for the duration of the relationship with the User and in accordance with the applicable legislation. In turn, it will only process data when any of the following conditions are met:
– The User gave his consent to the processing of his personal data.
– The treatment is necessary for the execution of a contract.
– The processing is necessary for compliance with a legal obligation.
– The processing is necessary to meet the legitimate interest of Curiara and/or Easy
On the other hand, Curiara informs the User of the necessary nature of the collection and registration of certain data (marked with an asterisk [*]) as failure to provide 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 purposes indicated. In such cases, the personal data will continue to enjoy a high level of protection, as they are either sent to countries declared by the European Commission to have an adequate level of protection, or they comply with the appropriate safeguards.
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 email to the following addresses:
E-mail info@easy-ep.com
In the event of rectification or deletion of the data requested by the owner, Curiara will proceed to block the data, adopting technical and organizational measures to prevent its processing, except when required by judges and courts.
Curiara will respond to the request and inform the User of the measures taken within one month of receipt. This period may be extended for 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 extensions within one month of receipt of the request and will respond to requests through the same channel used by the User, unless the User provides otherwise.
In turn, the User may file a complaint with the Spanish Data Protection Agency (AEPD) as the competent supervisory authority on the matter, at the following address C/ Jorge Juan, 6 – 28001, Madrid; or through the following link https://sedeagpd.gob.es.
These T&Cs 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 requested by the user, the information on the transaction and the general terms and conditions will be provided on paper or other durable medium.
At the User’s request, the User may receive, on paper or on another durable medium, the T&C drafted herein.
Curiara reserves the right to make any modifications it deems appropriate on its website and/or Platform, and may change, delete or add content and services provided through the same, 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 at the request of a third party, to those users who do not comply with these T&Cs.
The T&Cs that are published at that time on the Platform and/or website are understood to be in force.
These T&Cs shall be governed in accordance with the laws of the Kingdom of Spain and any dispute shall be submitted to the Courts and Tribunals corresponding to the domicile of the User or to the place of performance of the obligation, at the User’s choice.