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Legal notice and Conditions of Use of the Website and Applications MONEI Digital Payments S.L.

These Terms of Use regulate the free access and use of the Website called monei.com (hereinafter the "Website") and digital applications (hereinafter the "App" or "Applications") owned by MONEI DIGITAL PAYMENTS, S.L., with address at Calle Palestina 1, Entreplanta, 29007- Málaga and with VAT number B02660926, registered in the Mercantile Registry of Malaga in Volume 5998, L. 4905, F. 54, S. 8, H. MA158775, and with Payment Entity Registration granted by the Banco de España Nº6911 (hereinafter "MONEI"). Access and/or use of the MONEI Website and/or Applications implies the User's acceptance of these Terms of Use.

1. Use of the Website and Applications: Responsibilities

The User is responsible for the access and correct use of the Website and/or the MONEI Applications subject to the laws in force in Spain, as well as to the principles of good faith, morals and public order, and with the commitment to diligently observe any instructions that, in relation to such use and access, may be provided by MONEI in accordance with the provisions of these Terms of Use.

The User is obliged to make reasonable use of the Website and/or the Applications and their contents, according to the possibilities and purposes for which it is intended.

The User is solely responsible for the information, opinions, allusions or content of any kind that they may communicate through the Website and/or the MONEI Applications.

The MONEI Website and Applications, as well as the products and services of that entity, are under no circumstances intended for minors. MONEI will not knowingly collect information or data from minors. However, due to the free access to the Website and/or the MONEI Applications electronically, it is noted that it is the responsibility of parents, representatives or legal guardians to take the necessary precautions and measures regarding the access of minors to websites and/or to the Applications and their contents that could be accessible while browsing by minors.

2. Uses not allowed

As a User of the MONEI Website and/or Applications, we inform you that it is PROHIBITED and, therefore, its consequences will be your sole responsibility to access or use it for illegal or unauthorized purposes, with or without economic purpose. Specifically, by way of example and without the following list being absolute, it is prohibited:

  1. Make illegal use of the Website and/or the Applications, or in any other way that could damage, overload or harm the Website itself and/or the Applications.
  2. Introduce computer viruses, faulty files, or host, store, distribute or share any other material or computer program that may cause damage or alteration to the contents, programs or systems of the Website and/or Applications.
  3. Use or resell for unauthorized commercial purposes the contents included in the Website and/or Applications without prior authorization from the owner.

MONEI shall be entitled to adopt the necessary measures in the event of non-compliance with the provisions of this clause, at its sole discretion, or at the request of an affected third party or competent authority. The adoption of such measures will not entitle you to any compensation.

3. Protection of personal data

The collection and processing of personal data provided by the User, as well as the exercise of the User's rights over such data, will be governed by the Privacy Policy of the Website.

4. Procurement of products and services: General Contracting Conditions

The products and services offered through the Website and/or the Applications will be subject to the corresponding General Contracting Conditions contained in the Framework Agreement for Payment Services, together, where appropriate, with the Special Conditions that may be established and any other conditions that are necessary for the effective contracting of the products and services.

Any type of partnership, on the other hand, will be subject to the specific terms and conditions that MONEI makes available to you at all times.

5. Customer Service for complaints and claims

The User is informed that MONEI has a Customer Service, as established in Order ECO/734/2004, of March 11, on customer service departments and services and the customer advocate of financial institutions, whose Regulations on the Operation of Customer Service can be found at: ADD LINK.

6. Exemption from liability

6.1. For the content provided by Users

MONEI is not responsible for the contents, files, information, advertising, opinions, concepts and images hosted by the User on the Website and/or in the Applications that are contrary to law, morals, good faith and public order or contain any type of computer virus or similar software routine.

MONEI is not responsible for the contents, files, information, advertising, opinions, concepts and images that do not depend on the Website and/or the Applications, nor are they managed by MONEI.

MONEI will not assume any responsibility, whether direct or indirect, for the misuse of the Website and/or the Applications or their contents by the User, who assumes, in any case, under his sole responsibility, the consequences, damages or actions that may result from his access or use of the Website and/or the Applications or the contents hosted therein, as well as from their reproduction or communication.

6.2. For the operation of the Website and/or Applications

MONEI provides its services and contents on an ongoing basis, using all the technical means at its disposal to carry out this service satisfactorily.

MONEI may, when it deems it appropriate, make corrections, improvements or modifications to the information contained in the Website and/or in the Applications, in the services, or in the contents without giving rise to, or the right to any claim or compensation, or implying recognition of any liability.

MONEI is not responsible for damages of any kind that may arise from the availability and technical continuity dependent on third parties in the operation of the Website and/or the Applications. In any case, MONEI will carry out all necessary actions to restore its services in the event of a technical failure.

The User is solely and exclusively responsible for identifying and accessing the contents or services of the Website and/or Applications.

MONEI is not responsible for the misuse of the identification and access of users to access the contents or services of the Website and/or the Applications that require them and for the consequences derived from any nature, as well as for the misuse by users, their loss or oblivion, and their misuse by unauthorized third parties.

7. Intellectual and industrial property

MONEI, as the author of the collective work that consists of the Website and/or the Applications, is the owner of all industrial and intellectual property rights over them.

Any form of reproduction, distribution, public communication, transformation, making available and, in general, any act of exploitation of all or part of the contents (images, texts, designs, indexes, forms, etc.) that make up the Website and/or in the Applications, as well as of the databases (sui generis right) and the software necessary for the visualization or operation of them (including source codes), which does not have the express and prior written authorization of MONEI, is prohibited.

Under no circumstances may the User directly or indirectly exploit or be used commercially, in whole or in part, of any of the contents (images, texts, designs, indexes, forms, etc.) that make up the Website and/or the Applications without the prior written authorization of MONEI.

All the contents, without exception and in a non-limiting way, that are part of the Website and/or the Applications, that is, information, articles, data, texts, logos, brands, badges, icons, images, design and image of the Website and/or the Applications (external appearance or "look and feel"), video files, audio files, databases, computer applications, are the property of MONEI or are exploited under license from third parties who own the intellectual and/or industrial property rights of the said contents. These are protected by current intellectual and industrial property laws.

8. Changes and modifications to the terms of use

MONEI may, at any time, modify these conditions or introduce new terms of use, simply communicating it through the Website and/or the Applications.

In the event that a regulatory action, legal or regulatory measure occurs that, in MONEI's reasonable judgment, prohibits, substantially restricts or makes the provision of the service commercially unfeasible, MONEI will be entitled to: (i) modify the service or the terms and clauses of these Terms of Use in order to adapt to the new situation, (ii) resolve the relationship with the User.

9. Average payment period to suppliers

In accordance with the provisions of Law 31/2014, of December 3, amending the Capital Companies Act for the improvement of corporate governance; as well as Law 15/2010, of July 5, amending Law 3/2004, of December 29, which establishes measures to combat late payments in commercial transactions, it is reported that the average payment period to MONEI suppliers is 35 days.

10. Applicable Law and Jurisdiction

Current regulations will determine the laws that should govern and the jurisdiction that should be known about the relations between MONEI and the User of the Website and/or the Applications.