GENERAL TERMS AND CONDITIONS URBIT APP USERS
I. APP OWNER
In compliance with Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, URBIT informs you of the basic data of the company that owns this application: Corporate name is: URBIT Z.O.O. Commercial name is: URBIT Registered office: Ul. Lazurowa 14D / 17, 01-315 Warsaw, Poland European VAT Tax identification number: PL5223191353
II. COMMUNICATIONS
To communicate with URBIT, we put at your disposal the following means of contact: Email: info@urbit-app.es Postal address: Ul. Lazurowa 14D / 17, 01-315 Warsaw, Poland All notifications and communications between users and URBIT shall be considered effective, for all purposes, when they are made through any of the means detailed above.
III. USE OF THE APP
The use of any URBIT app attributes to you the condition of "user" and entails your full and unreserved acceptance of each and every one of the terms and conditions established herein. Such terms and conditions may be modified without prior notice by URBIT, in which case the modification shall be published and notified as far in advance as possible. Therefore, it is advisable to carefully read the contents of these terms and conditions in case you wish to access and make use of the information and services offered in this app. The user, in addition, is obliged to make correct use of the app in accordance with the laws, good faith, public order, traffic uses and these terms and conditions. The user shall be responsible of any damages that may be caused as a result of the breach of said obligation. URBIT may deny or withdraw access to the app at any time to any user based on inappropriate use of the app.
IV. CONDITIONS OF ACCESS AND USE OF THE APP
The app and its services are freely accessible. However, URBIT may condition the use of some of the services offered in its app to prior completion of the corresponding form, membership in a specific community of owners, or the participation in a specific discount program. The user guarantees the authenticity and update of all the data that it communicates to URBIT and the user shall be solely responsible for any false or inaccurate statements made. The user expressly agrees to make appropriate use of the app and its services and not to use it for, among others: • Disclose criminal, violent, pornographic, racist, xenophobic, offensive content, in defense of terrorism or, in general, contrary to laws or public order. • Introduce computer viruses into the network or carry out actions that may alter, spoil, interrupt or generate errors or damage to electronic documents, data or physical and logic systems of URBIT or third parties; as well as obstructing the access of other users of the app and its services through the massive consumption of computer resources through which URBIT provides its services. • Attempting to access email accounts of other users or restricted areas of the app, or third-party computer systems and, where appropriate, extract information. • Violate the intellectual property rights, as well as violate the confidentiality of information from URBIT or third parties. • Replace the identity of any other user. • Reproduce, copy, distribute, make available to, or any other form of public communication, transform or modify the contents, unless the user has authorization of the owner of the corresponding rights or it is legally permitted. • Collect data for advertising purposes and send advertising of any kind and communications for sale or other commercial purposes without your prior request or consent. All the contents of the app, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute assets whose property belongs to solely URBIT, without any of the exploitation rights over them beyond what is strictly necessary for the correct use of the app. In short, users who access this app can view the contents and make, where appropriate, authorized private copies provided that the reproduced elements are not subsequently transferred to third parties, nor installed on servers connected to networks, nor are they subject to any type of operation. Likewise, all trademarks, trade names or distinctive signs of any kind that appear in the app are the property of URBIT, without being understood that the use or access to the app gives the user any rights over them. The distribution, modification, transfer or public communication of the contents and any other act that has not been expressly authorized by the owner of the exploitation rights are prohibited. The establishment of a hyperlink within the app does not imply in any case the existence of relations between URBIT and the owner of the web or app to which said link leads, nor the acceptance and approval by URBIT of its contents or services. URBIT is not responsible for the use that each user makes of the materials made available in this app or for the actions carried out based on them.
V. LIABILITY
URBIT is exempt from any type of responsibility derived from the information published in its app, provided that this information has been manipulated or inserted by a third party outside URBIT, including, without limitation, the communities of owners, people or companies that are members of URBIT’S premium discount program, maintenance providers of residential communities or any other potential users. In the event that any user or third party considers that there are facts or circumstances that reveal the illicit nature of the use of any content and / or the performance of any activity on the app, included or accessible through the app, they must send a notification to URBIT duly identifying and specifying the alleged infractions.
VI. EXCLUSION OF GUARANTEES AND LIABILITY ARISING FROM ACCESS AND USE
The content of this app is of a general nature and only for informative purposes, without fully guaranteeing access to all content, or its completeness, correctness, validity or timeliness, or its suitability or usefulness for a specific purpose. URBIT excludes, as far as the legal system allows, any liability for damages of any kind arising from: • The inability to access the app or the lack of veracity, accuracy, completeness and / or timeliness of the content, as well as the existence of vices and defects of all kinds of the content transmitted, disseminated, stored, made available, to which It has been accessed through the app or the services offered. • The presence of viruses or other elements in the app that may cause alterations in computer systems, electronic documents or user data. • Failure to comply with the laws, good faith, public order, traffic uses and this legal notice as a consequence of the incorrect use of the app. In particular, and as an example, URBIT shall not be responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honor, personal and family privacy and the image itself, as well as the regulations on unfair competition and illegal advertising. Likewise, URBIT declines any responsibility regarding the information that is outside this app and is not managed directly by URBIT’S hosting or administration service. The function of the links that appear in this app is exclusively to inform the user about the existence of other sources capable of expanding the content offered by this app. URBIT does not guarantee or take responsibility for the operation or accessibility of the linked sites; nor does it suggest, invite or recommend to visit to them. Therefore, URBIT shall not be responsible for the result obtained when users click on such links neither shall URBIT be responsible for the insertion in the app of hyperlinks by third parties.
VII. PROCEDURE IN CASE OF CARRYING OUT ILLICIT ACTIVITIES
In the event that any user or third party considers that there are facts or circumstances that reveal the illegal nature of the use of any content and / or the performance of any activity in any sections,, links or web sites included or accessible to through the app, the user must send a notification to URBIT duly identifying himself and specifying the alleged infractions.
VIII. PUBLICATIONS
The administrative or legal information provided through the app does not replace the legal publicity of the laws, regulations, plans, general provisions and acts that have to be formally published in the official registries of public administrations, which constitute the only instrument that attests to its authenticity and content. The information available in this app should be understood as a guide without the purpose of legal validity.
IX. LINKS POLICY
From the app, users may be redirected to content from third-party websites or apps. Since URBIT cannot always control the content entered by third parties on their sites, it does not imply in any case the existence of a relationship between URBIT and the owners of such sites, nor does it imply acceptance on or approval by URBIT of their contents or services. From this app, URBIT does not assume any type of responsibility regarding said content. In any case, URBIT declares that it will proceed to the immediate withdrawal of any content that could contravene national or international legislation, morality or public order, proceeding to the immediate withdrawal of the redirection to such sites, informing the authorities of the content in question.
X. INTELLECTUAL PROPERTY
This app includes designs, logos, text and / or graphics that are property of URBIT or, where appropriate, for which URBIT has license or express authorization from the owners. All the contents of the app are duly protected by intellectual property regulations, as well as registered in the corresponding public registers. The designs, logos, text and / or graphics not belonging to URBIT that may appear in the app, belong to their respective owners, who are responsible for any possible controversy that may arise regarding them.
XI. UNDER-AGED (14 YEARS OLD)
ATTENTION: In order to use the services offered in the app, users under 14 years of age must previously have obtained authorization from their parents, guardians or legal representatives, since these must respond for the acts carried out by under-aged users, with all responsibility corresponding to them when determining the content and services to which they may have access. This authorization can be made through the email: info@urbit-app.es
XII. SPECIFIC TERMS AND CONDITIONS FOR USERS OF THE URBIT PREMIUM PROGRAM.Ç
URBIT PREMIUM OWNER URBIT PREMIUM. Is a discounts and advantages program operated by URBIT Z.O.O., with registered office at Ul. Lazurowa 14D / 17, 01-315 Warsaw, Poland and European VAT Tax identification number: PL5223191353 URBIT PREMIUM FUNCTIONS By registering in the URBIT PREMIUM program, the user fully and unreservedly accepts each and every one of the conditions established herein. These conditions may be modified without prior notification from URBIT, in which case they will be published and notified as soon as possible. For this reason, it is advisable to carefully read the following content in cae the user wishes to access and make use of the information and the terms and conditions of the URBIT PREMIUM program. The user is obliged to make correct use of the program in accordance with the laws, good faith, public order, traffic uses and these terms and conditions, and will respond to URBIT or to third parties, of any damages that may be caused as a result of the breach of said obligation. In particular, the user acknowledges and accepts that the URBIT PREMIUM membership is personal and non-transferable. Any use other than that authorized is expressly prohibited, and URBIT may deny or withdraw access or its use at any time with no right to any refund for the user. CONDITIONS OF URBIT PREMIUM Access to the URBIT PREMIUM program is subject to payment of the prices established by URBIT from time to time as well as the completion of the corresponding user data form. The URBIT PREMIUM program has an annual duration, from 1 January to 31 December of each year. The acquisition of the program after 1 January 1 shall not give the user right to retroactively enjoy the discounts and advantages of the consumptions made in the businesses associated to URBIT PREMIUM nor will it give the user the right to any discount on the URBIT PREMIUM price for the days prior to the acquisition of the program. The user guarantees the authenticity and accuracy of all the data provided upon registration in the URBIT PREMIUM program and shall be solely responsible for any false or inaccurate statements made. The user acknowledges and accepts that, payment of the price of the URBIT PREMIUM program, only permits access to information published by the businesses that are part of the referred program and that such businesses are solely responsible for complying with, and granting, discounts and benefits announced by them. The user expressly agrees to make appropriate use of the URBIT PREMIUM content and services and not to use them for, among others: • Introducing computer viruses into the network or carrying out actions likely to alter, spoil, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of URBIT or third parties; as well as obstructing the access of other users of the app and its services through the massive consumption of computer resources through which URBIT provides its services. • Attempting to access the email accounts of other users or restricted areas of URBIT's or third-party computer systems and, where appropriate, extract information. • Violate the rights of intellectual or industrial property, as well as violate the confidentiality of the information of URBIT or third parties. • Impersonate the identity of any other user. • Reproduce, copy, distribute, make available to, or any other form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted. • Collect data for advertising purposes and send advertising of any kind and communications for sale or other commercial purposes without your prior request or consent. All the contents of the URBIT PREMIUM program, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work whose property belongs to URBIT, without any of them being transferred to the user. the exploitation rights over them beyond what is strictly necessary for the correct use of the URBIT PREMIUM program. All trademarks, trade names or distinctive signs of any kind that appear on the URBIT PREMIUM website or app are the property of URBIT. The establishment of a hyperlink in the URBIT app does not imply in any case the existence of relations between URBIT and the owner of the web or app with which said link is established, nor the acceptance and approval by URBIT of its contents or services . URBIT is not responsible for the use that each user makes of the materials made available in the app or for the actions carried out based on them. LIABILITY URBIT shall be exempt from any type of liability derived from the information published in its app by the businesses that are members of the URBIT PREMIUM program. URBIT does not guarantee and shall not be liable for the discounts and/or benefits offered by the businesses that are members of the URBIT PREMIUM program. In the event that the referred businesses do not grant the discounts and/or benefits advertised in the URBIT PREMIUM app, users must claim directly from said businesses or assert their rights before the public authorities. In no case shall the user have any claim rights against URBIT.. In the event that any user or third party considers that there are facts or circumstances that reveal the illegal nature of the use of any content and / or the performance of any activity in the URBIT PREMIUM program included or accessible through the app, The user must send a notification to URBIT duly identifying the user and specifying the alleged infractions. EXCLUSION OF GUARANTEES AND LIABILITY ARISING FROM ACCESS AND USE The content of the URBIT PREMIUM program is of general nature and has a merely informative purpose, and it does not guarantee in any manner access to the advertised businesses, nor the discounts or benefits published by such businesses, nor their completeness, correctness, validity or accuracy, nor its suitability or usefulness for a specific purpose. URBIT shall be exempt, as far as the legal system allows, from any liability for damages of any kind arising from: • The impossibility of access to the businesses announced in the URBIT PREMIUM program or the lack of veracity, accuracy, completeness and / or timeliness of the contents, discounts or advantages, as well as the existence of vices and defects of all kinds of the transmitted contents, disseminated, stored, made available, which have been accessed through the URBIT PREMIUM Program or the services, discounts or advantages offered through it. • Failure to comply with the laws, good faith, public order, traffic uses and this legal notice as a consequence of the incorrect use of the URBIT PREMIUM program. In particular, and by way of example, URBIT is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honor, personal and family privacy and the image itself, as well as the regulations on the matter of unfair competition and illegal advertising. PROCEDURE IN CASE OF CARRYING OUT ILLICIT ACTIVITIES In the event that any user or third party considers that there are facts or circumstances that reveal the illegal nature of the use of any content and / or the performance of any activity in any sections,, links or web sites included or accessible to through the URBIT PREMIUM program, the user must send a notification to URBIT duly identifying himself and specifying the alleged infractions.
XIII. PROTECTION OF PERSONAL DATA - PRIVACY
URBIT is deeply committed to complying with the regulations on the protection of personal data, and guarantees full compliance with the obligations set forth, as well as the implementation of technical and organizational security measures, as established in the General Regulations of Data Protection of Europe EU 2016/679 (RGPD) and in Law 3/2018 on Data Protection and Guarantee of Digital Rights (LOPD-GDD). In this sense, URBIT makes its Privacy Policy available to users, informing users about the following aspects: 1. Data of the person responsible for the treatment. 2. Purpose 3. Legitimation. 4. Recipients. 5. Origin. 6. Additional Information. When URBIT requires personal information from users, it will always be requested that users provide it voluntarily and expressly. In compliance with the regulations on Protection of Personal Data, the user explicitly consents that the personal data provided by the user shall be treated under the responsibility of URBIT, for the following purposes: 1. Offer the requested personalized service. 2. The processing of consultations, advice, orders, requests or any type made by the user through any of the contact forms available to the user in the app. 3. Sending commercial advertising communications about URBIT’s or third parties’ products through the app, by e-mail, fax, SMS, MMS, social networks or any other electronic or physical means, present or future, that enable commercial communications. All the requested data are a condition to use the app’s services. In the event that the user decides not to provide such data, it would be impossible to carry out the purpose for which they are requested in each case. According to the provisions of the General Data Protection Regulation EU 2016/679, and in Law 3/2018 on the Protection of Personal Data and Guarantees of Digital Rights, the user must receive specific and accurate information from the person or entity responsible for the treatment and use of data for the purposes thereof. For this, the following information is indicated: Who is responsible for the processing of your data? URBIT z.o.o., with registered office at ul. Lazurowa 14D / 17, 01-315 Warsaw, Poland and European VAT tax identification number: PL5223191353. Soluciones de Marketing, Aplicaciones y Recursos Tecnológicos SL, with registered office at Carril Pérez Urruti 101, 30100 Murcia, Spain and tax identification number ESB73792962. 2. For what purpose do URBIT process your personal data? URBIT treats the information provided by users in order to carry out the following purposes: CUSTOMER MANAGEMENT: Carry out the administrative, accounting and tax management of the requested services, as well as send commercial communications about products and services. SUPPLIER MANAGEMENT: The administrative, accounting and fiscal management of the contracted services, as well as the contact persons. CONTACT FORMS: On the contact forms of the app, attend your request and send commercial communications, including electronically. 3. How long will URBIT keep your data? The data will be kept: • As long as the contractual relationship is maintained or during the years necessary to comply with legal obligations. • The data obtained through the contact forms will be kept as long as the user does not request the deletion of its data. • As long as the business relationship with the entity is maintained and during the years necessary to comply with legal obligations. 4. What is the legitimacy for the processing of your data? We indicate the legal basis for the treatment of your data: CUSTOMER MANAGEMENT Execution of a contract: Carry out the administrative, accounting and fiscal management of the requested services. Legitimate interest of the person in charge: The use of the functions of the app as a means of communication. Send commercial communications electronically about products and services. SUPPLIER MANAGEMENT: Execution of a contract: Carry out the administrative, accounting and fiscal management of the contracted services, as well as the contact persons. Legitimate interest of the person in charge: The use of the app as a means of communication. CONTACT FORM: Execution of a contract: Attend your request. Consent of the interested party: Send commercial communications, including electronically. To which recipients will your data be communicated? CUSTOMER MANAGEMENT Tax Administration, in order to comply with legal obligations (legal requirement). Banking entities, in order to issue the corresponding receipts (contractual requirement). SUPPLIER MANAGEMENT: Tax Administration, in order to comply with legal obligations (legal requirement). Banking entities, in order to make the corresponding payments (contractual requirement). CONTACT FORM: No data will be transferred to third parties, except legal obligation. 5. Data transfers to third countries? The following data transfers are planned to URBIT, whose registered office is in Poland. 6. What are your rights when you provide us with your data? Anyone has the right to obtain confirmation on whether URBIT is treating personal data that concerns them or not. Interested persons have the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected. You also have the right to the portability of your data. In certain circumstances, the interested parties may request the limitation of the processing of their data, in which case we will only keep them for the exercise or defense of claims. In certain circumstances and for reasons related to their particular situation, the interested parties may object to the processing of their data. In this case, URBIT will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims. You can materially exercise your rights by going to the Urbit contact addresses indicated in these terms and conditions. When the sending of commercial communications is carried out using the legitimate interest of the person in charge as a legal basis, the interested party may oppose the processing of their data for that purpose. The consent granted is for all the indicated purposes whose legal basis is the consent of the interested party. You have the right to withdraw the said consent at any time, without affecting the legality of the treatment based on the consent prior to its withdrawal. In the event that you feel your rights are violated with regard to the protection of your personal data, especially when you have not obtained satisfaction in the exercise of your rights, you can file a claim with the competent Data Protection Control Authority through of your app: www.aepd.es. 7. How have we obtained your data? The personal data treated by URBIT come from the interested party or its legal representative, considering the user’s community of owners as the legal representative for the purposes of such assignment. In this sense, the user acknowledges and accepts that URBIT may receive the user's data from the user's community of owners and that, in such reception, URBIT has relied on the presumption of legality and the appearance of legitimacy in the statements made about the authorization of said data by such community. Consequently, the user will hold URBIT harmless from any inappropriate use that such community of owners may have made of the user's personal data. The categories of data that are processed are: • Identifying data. • Postal and electronic addresses. • Commercial information. • Economic data.
XIV. APPLICABLE LAW AND JURISDICTION
For the resolution of all disputes or issues related to this app or the activities developed in it, the legislation of the place where the owner of the app has its registered office, to which the parties expressly submit, will apply, being Courts and Tribunals of the city where the registered office of the owner of the app is located competent for the resolution of all conflicts derived from or related to its use.