General conditions

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1. GENERAL INFORMATION

These provisions regulate access to and use of by Internet Users via of the web domain www.moneytrackin.com and associated domains (hereinafter, “the Webpage”) by MONEYTRACKIN S.L. (hereinafter, “MoneyTrackin”), a company registered under Spanish law, identified by CIF B84886696 and whose registered office is at Avenida de Bruselas, 7 - 3ª planta, 28108 Alcobendas (Madrid), recorded in the Madrid Public Registry in Volume: 23436, Book 0, Folio: 100, Section: 8, Page M-420349 and Record 1ª.

2. ACCESS

2.1. Access to, and as the case may be, use by the User of MoneyTrackin’s Webpage and services specified in the Webpage are in principle free of charge, and the User is required to access the application or other applications that use MoneyTrackin’s public API via MoneyTrackin’s own Webpage or by using any other applications external to the MoneyTrackin Webpage that in MoneyTrackin’s opinion incorporate all possible security measures, provided that MoneyTrackin shall not be liable for any use made of any such other applications.

Notwithstanding the foregoing, MoneyTrackin reserves the right to offer services in the future in exchange for economic consideration paid by the User, in such form as set out in the General Conditions and the Specific Conditions as the case may be.

2.2. Natural persons below the age of majority may not enter into a contract for access to the services unless they have obtained the prior approval of their parents, guardians or legal representatives, who will be deemed to be responsible for the acts of such minors, in accordance with legal norms in force from time to time.

2.3. MoneyTrackin is required to make careful use of any personal data entered by Users on the Webpage in order to access any of its services o to sign on, and not to make them available to third parties.

2.4. MoneyTrackin assumes that the posting, handling, withdrawal of or access to any personal data by any User shall be in accordance with the Privacy Policy which can be accessed via the MoneyTrackin Webpage.

3. CONDITIONS OF USE

3.1. The contents of MoneyTrackin’s Webpage are provided solely for the Users, and any unauthorized commercial use or any re-sale of such contents is expressly prohibited without MoneyTrackin’s prior written authorization.

3.2. The User accepts the General Conditions for Use of the MoneyTrackin Webpage, the General Conditions for Use of MoneyTrackin and the Privacy and Data Protection Policy. MoneyTrackin recommends that Users read the text of each of the above with care and diligence each time that they want to access information or services on our webpage.

3.3. Any information provided by the User in order to register for access to and use of services via www.moneytrackin.com must be accurate and lawful.

Any password provided to the User in order to access MoneyTrackin services must be used with care and kept secret. The User will be responsible for the safe custody and confidentiality of the password and of any other identification information provided by MoneyTrackin, and the User undertakes not to transfer use of such password or information either temporarily or permanently to any third party or to allow its use by any third party. The User shall also be responsible for the legal consequences of any use of MoneyTrackin services by any unauthorized third party who does not make diligent use of the service, or as a result of the loss of the User’s password.

3.4. As a consequence of the previous paragraph, the User must immediately and diligently advise the administrators of MoneyTrackin’s Webpage of any improper user identification information and/or password (including but not limited to theft, deception or unauthorized access) so that they can be immediately cancelled. In the event that such circumstances are not notified to MoneyTrackin, MoneyTrackin shall not be responsible for any inappropriate use of such information or passwords by unauthorized third parties.

3.5. The User is responsible for its own access, navigation and use of the MoneyTrackin Webpage and undertakes to diligently and faithfully comply with any additional instructions issued by MoneyTrackin or by personnel authorized by MoneyTrackin relating to the use of the Webpage and its contents.

3.6. The User must use MoneyTrackin’s Web Page and services lawfully, correctly and diligently, and specifically must not:

Use the Webpage for objectives or with consequences that are illegal, unethical or contrary to generally accepted good conduct or public order. MoneyTrackin cannot guarantee that the User will use its Webpage and services in accordance with the General Conditions, the law, ethical principles and public order. Reproduce, copy, distribute, allow public access via any public communication medium to, amend or modify the contents without MoneyTrackin’s express authorization. Use, deal in or disclose the contents of or any type of information obtained from our Webpage or our services to send advertising, communications for the purposes of direct sales or other commercial purposes or sending unsolicited messages to a group of people without exercising direct influence over the final outcome.

3.7. By making use of the content and/or services of the MoneyTrackin Webpage, the User explicitly accepts the General Conditions of Use and the Personal Data Protection Policy available on www.moneytrackin.com

4. USE OF COOKIES

4.1. MoneyTrackin may, by itself or through contracted third parties, use cookies. This refers to small information elements created by MoneyTrackin’s web server or the web server of any third party acting in MoneyTrackin’s name, during the User’s visit to the Webpage that uniquely identifies a User and is stored on the User’s computer hard drive in order to remind the User of his Login information when accessing the Service.

4.2. Cookies used by MoneyTrackin or by any third party acting in its name as the case may be are only used to identify the individual user and his computer and MoneyTrackin records this information in an aggregated format which does not allow individuals to be identified and does not in any event provide MoneyTrackin with the User’s personal details or information about MoneyTrackin services.

4.3. The User may set up and amend his navigator or browser so that it provides a message on the computer screen that cookies are in use and that the User may have to intervene in order to prevent cookies being written to the hard drive, to prevent cookies from being accepted or to delete any cookies that have been saved. MoneyTrackin recommends that Users carefully read the manuals and instructions for their browser for more information about cookies, and hereby states that it is not responsible for any failure by the User properly to configure their computer in respect of the use of cookies.

5. DISCLAIMER FOR CONTENT AND SERVICES PROVIDED

5.1. MoneyTrackin provides its services and content on an ongoing basis to the most effective extent possible using all technical means at its disposal. MoneyTrackin will take all necessary steps to restore its services in the event of any technical problem.

5.2. MoneyTrackin shall not be responsible for any faults that are or may become evident in the Application and communications, including deletion, incomplete transmission or delays in transmission of data. MoneyTrackin does not guarantee that the transmission network will be operational at all times.

5.3. MoneyTrackin will also not be responsible in the event that any third party by-passes MoneyTrackin’s security measures and accesses the Application or any messages or uses any such messages to transmit any computer viruses. By means of these Conditions MoneyTrackin advises Users that it has implemented all legally required security measures for the protection of personal data provided by recognized users, but is not able to guarantee either the absolute efficacy of its security systems, or the security or inviolability of data transmission over the internet.

5.4. MoneyTrackin does not guarantee the availability or continuous functioning of its Webpage and services and therefore does not accept any responsibility for loss or damage of any kind which may be suffered by Users as a result of the unavailability or improper functioning of its Webpage.

5.5. Without prejudice to the foregoing, MoneyTrackin will, whenever possible and to the extent that such circumstances are known in advance, provide information on its Webpage about possible interruptions that are being or may be experienced as a result of technical problems or for any other reason. Users may not under any circumstances seek any indemnity for the effects of any such failure in proper operation, any temporary interruption or any other similar reason.

5.6. MoneyTrackin may at its convenience correct, improve or modify the information, services or content of its Webpage, but in doing so will not establish any right of recourse, claim or indemnity or imply that it accepts any responsibility whatsoever arising there from.

5.7. MoneyTrackin does not offer or deal in any products or services available on any sites linked to its Webpage and does not accept any responsibility for any such products or services.

6. INDUSTRIAL AND INTELLECTUAL PROPERTY

6.1. All brands, logos, images, graphics and text contained in MoneyTrackin’s Webpage or in associated domains are subject to Industrial and Intellectual property rights owned by MoneyTrackin.

6.2. Any User may use content and elements from MoneyTrackin’s Webpage referred to in the previous clause provided it is solely for advertising or promotional use and not for commercial gain. Any reproduction, distribution, public dissemination, transfer or any exploitation by any other means of the contents of MoneyTrackin’s Website, without our express consent, is strictly and unconditionally prohibited, notwithstanding that credit may be given for the source of such content.

6.3. MoneyTrackin authorizes Users to download content and to copy or print any page from its Webpage provided that this is solely for personal use and that such actions do not infringe any Industrial or Intellectual Property rights or any other rights owned by MoneyTrackin. Users may not change, modify or withdraw any brand, logo, image, graphic, text, information, content or warning. Copying information from MoneyTrackin’s Webpage should not be understood as to any extent transferring any of MoneyTrackin’s rights to the User.

7. DURATION AND AMENDMENTS

7.1. MoneyTrackin reserves the right at any time to wholly or partially amend the content of these Conditions or to introduce new conditions for use of its Webpage and/or services, including the right to use them free of charge referred to in Clause 2.1 herein, by giving fifteen (15) days prior notification to Users. Such amendments shall be published in the same way as these Conditions or via any other medium or appropriate communications method.

7.2. These Conditions shall come into effect on the day or their posting on the Webpage and will cease to have effect when any new version containing any total or partial amendments comes into effect.

7.3. Regardless of anything written in the Conditions for Use of the Webpage and Conditions for Use of the Service, MoneyTrackin may at any time, terminate, suspend or interrupt access to the Webpage content without accepting any liability whatsoever to indemnify the User, by giving fifteen (15) days prior notification to Users.

The previous paragraph shall not apply to any interruption or suspension of the Service arising as a result of circumstances for which MoneyTrackin is not responsible.

For the purposes of this clause, the User notification may be limited to a communication appearing on the screen when the service is accessed.

8. LINKS TO OTHER WEB SITES

8.1. Any person may link from any page on their web site to any page on the Webpage of MoneyTrackin, provided that such page containing the link does not hold any information or content that is unlawful, unethical or contrary to generally accepted good conduct and public order. The existence of such a link does not imply that (i) there is any relationship between MoneyTrackin and the natural or legal person which has established the link and (ii) MoneyTrackin knows about or has approved the content and services associated with such link. MoneyTrackin may at its discretion remove any such links without creating any recourse to indemnity by the person or entity that created the link.

8.2. Links to the webpages of third parties who want to advertise products, services or utilities or which are complementary to any services provided by MoneyTrackin may appear in any Webpages owned by MoneyTrackin. MoneyTrackin may dispense with or increase the number of utilities in accordance with its business policies without thereby creating any future obligation or conferring on any User the right to any indemnity. MoneyTrackin will not be responsible for the content, products or services of webpages belonging to others or for any loss or damage that may now or in the future be caused to Users by such content, products or services.

9. MISCELLANEOUS

9.1. Titles or headings of the clauses in this document are for information only and shall not affect, qualify or broaden their interpretation.

9.2. The Specific Conditions relating to each service shall prevail over these General Conditions in the event of any discrepancy between the two sets of conditions.

9.3. In the event that any Court or Tribunal or competent administrative entity finds that any of the Conditions for Use of MoneyTrackin’s Webpage are wholly or partially void or inapplicable, such void or inapplicable status shall not affect the other provisions in these General Conditions of Use or the Specific Conditions for any of MoneyTrackin’s services.

9.4. MoneyTrackin’s failure to exercise any specific right or provision of the Conditions for Use of its Webpage shall not constitute a waiver of said right or provision, unless the User considers this to be the case and communicates said view in writing to MoneyTrackin.

10. LEGISLATION AND APPLICABLE LAW

The parties expressly renouncing any rights to the contrary, accept that this document shall be governed by and interpreted in accordance with Spanish law, and agree to submit any disputes arising or that may arise there from to the Tribunals and Courts of Madrid.

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