GENERAL CONDITIONS OF USE AND OPERATION OF THE MONEDER ACCOUNT FOR BUSINESS

 

FIRST.- DEFINITIONS:

 

1.- MONEDER PLATFORM: It is a loyalty platform maintained and managed by loyalty Moneder SLU (hereinafter Moneder SLU) with CIF number B67204396 and registered office in Plaçadels Albers, 16-17 Manlleu (08560).

 

All the information of the PLATFORM is gathered to the web page www.moneder.com

 

2.- MONEDER ACCOUNT: it’s for personal use and is not transferable by its holder or client, to whom it allows to obtain, accumulate and manage the Moneder coin issued by the businesses or business groups adhered to the MONEDER LOYALTY TOOL.

 

3.-MONEDER COIN: It’s a virtual currency that emits, defines and configures each business or group of businesses adhered to the MONEDER PLATFORM, which gives it a validity that can be equivalent to an amount in euros to pay future purchases, points exchangeable for gifts or any other validity that may define. The businesses or business groups that issue coins between the holders of the MONEDER ACCOUNT will be the only ones responsible for giving it validity as they have defined and configured it.

 

The business or groups of business can configure the Moneder Coin emited with different parameters including:

 

-          Mode of obtainment: A percentage of the amount of the sale or part of the sale or any other way of obtaining that can be parametrized. .

-          Validity: which businesses or business groups grant validity and/or accept the Moneder Coin they issue.

-          Equivalence: can be equivalent to euros that can be used to pay part of a future purchase, points exchangeable for gifts or any other equivalence that can be configured.

-          Expiration: the number of days, months or years after which the accumulated Moneder Coin loses its value if the customer has not used it within the period.

-          Transfer: option that is transferred between holders or between holders and businesses.

 

The holders will be able to consult the parameters configured for each MonederCoin defined in the web page www.moneder.com.

 

4.- IDENTIFICATION OF HOLDER: To receive Moneder Coin, the businesses will be able to identify the holder of a Moneder Account by means of any of the systems that the Moneder Loyalty tool allows: loyalty card linked to the MONEDER ACCOUNT, App of moneder.com, ID number, telephone number, name, or other systems that can be implanted in the future.

 

5.-BUSINESS GROUPS: Entity, municipality, Association, Federation or business group that has adhered, together with the businesses that form it, to the MONEDER LOYALTY TOOL, which may define its general conditions of use of the MONEDER ACCOUNTS that it activates, as long as they don’t contradict the present conditions.

 

6.- HOLDERS: Natural persons of legal age who are not limited in their capacity to act, and minors with prior authorisation from their parents or guardians, who have a MONEDER ACCOUNT, and have read and accepted these general conditions of use and operation, defined by Moneder SLU or by the contracting BUSINESS GROUP. As a general rule, the registers or accesses through the APP or the Intranet Moneder must be made accepting the general conditions of use defined by Moneder SLU and the registers in paper made in the adhered shops or BUSINESS GROUP is made accepting the general conditions of use defined by the BUSINESS GROUP.

 

Traders and business groups adhering to the MONEDER LOYALTY TOOL shall require the accreditation of the minor's representatives. The representatives of the minors are solely responsible for the correct use of the MONEDER ACCOUNT together with the minor and have to manage the use of the same, exempting the traders, business groups adhered to and the MONEDER PLATFORM from any responsibility derived from the possible mismanagement that the minors may make.

 

FIRST - The MONEDER PLATFORM is managed and maintained by Moneder SLU, which will invoice its licenses and services to the business group or contracting business.

 

SECOND - Businesses and business groups are obliged to make good use of the Moneder Platform and to comply with all points of this contract. Specifically, it will use the software, hardware and cards that the Moneder Loyalty tool makes available, fulfilling the objective for which they have been designed.

 

With regard to communication and contact tools with customers, businesses and business groups are obliged to use them to promote their business, products and services according to the rules of good faith. Businesses and business groups are obliged to keep confidential any data they may obtain from their customers.

 

THIRD - Businesses and business groups are obliged to have correctly configured the parameters that can be customized for their business in the Moneder Platform, among which are the data of their business; the Moneder coins that they issue or accept; as well as promotions (in the case that they want to offer); among others.

 

FOURTH - For all customers who identify themselves as the holder of a MONEDER ACCOUNT by means of any of the systems permitted by the MONEDER PLATFORM (loyalty card linked to the MONEDER ACCOUNT, coin App.com, DNI number, telephone number, or other systems that may be implemented in the future); the merchant undertakes to use the MONEDER LOYALTY TOOL to give them coins and to give them validity according to the parameters previously configured (mode of obtaining, validity, equivalence, expiration,... among others).

 

It is the sole responsibility of the business or business group to comply with the commitments acquired with the holders, respecting the parameters and/or definitions of the coins that they put into circulation.

 

FIFTH - The MONEDER LOYALTY TOOL will automatically record all currency movements and balance evolutions. The businesses and business groups, as well as the holders, will have access through the intranet of the MONEDER PLATFORM to the movements registered with the coins that they have received or delivered.

 

In the event that the holder detects anomalies in the accumulation of his coins, Moneder will have to inform the business where he received them. In all these cases, the responsibility of the MONEDER PLATFORM is limited to correcting the error when the holder of the MONEDER ACCOUNT proves in a reliable manner that the business has recognized and corrected the anomaly.

 

SIXTH - If a business or group of businesses wants to cancel theMoneder Platform, it will have to communicate it with (3) three months in advance. During this time the business must inform all the holders who have been clients of the business or business group that when they unsubscribe from the MONEDER LOYALTY TOOL all the Moneder coins that have been issued and that have been exclusively valid will be withdrawn from circulation. It will be the exclusive responsibility of the business or business group to respond to all complaints or claims arising from the withdrawal from circulation made by the holders of the withdrawn coins.

 

If a business or business group cancels without complying with some of the conditions of this contract (three months notice, fulfilling the commitments acquired with the holders respecting the parameters and/or definitions of the coins they put into circulation, among others), it will be the exclusive responsibility of the business or business group to respond to all complaints or claims of the holders who have the coins withdrawn from circulation, deriving from non-compliance with the aforementioned conditions.

 

SEVENTH - This contract for the use of Moneder coins for the business will prevail over any other contract that the business may sign with other companies or business groups in relation to the Moneder Loyalty tool.

 

EIGHTH - Businesses and business groups are obliged to sign a contract with each owner who registers a Moneder Account so that they accept the conditions of use of Moneder that are available at www.moneder.com or the conditions of use imposed by the business or business group, provided they are not in contradiction with the foregoing. The business is obliged to keep the contracts signed by the holders guaranteeing their confidentiality, being obliged to facilitate a copy to Moneder SLU or to the group of businesses.

 

Moneder loyalty tool allows you to register and maintain customers (1) who have accepted the conditions of use of Moneder and/or (2) who have accepted the conditions of use defined by the Business Group itself.

 

In the first case (1), Moneder SLU is the owner of the customer data and responsible for complying with the data protection law RGDP. The contracting entities and associated businesses may use customer data for the purposes set out in the platform. In this sense, the clients who accept the conditions of Moneder accept expressly that their data are yielded to any entity or establishment where the client has bought. However, this does not exempt the businesses and business group from the responsibility of using the data of the clients only with the objectives of what is foreseen in the platform. In any case, Moneder SLU will not be responsible for the ownership of the data of these clients until it has received the registration sheets scanned to info@moneder.com or through postal mail to Loyalty Moneder SLU / PlaçaPladelsÀlbers 16-17, 3B / 08560 Manlleu. Until these registration forms are received and processed, ownership and responsibility shall rest with the Business Group.

 

In the second case (2), the ownership and responsibility falls on the business group, becoming Moneder SLU in a service provider responsible for maintaining secure customer data supplied by the contracting entity. The contracting entity will be responsible for complying with the requirements of the RGDP data protection law and requiring Moneder to sign a confidentiality document on your data.

 

NINTH - The business accepts that the holders of a MONEDER ACCOUNT can receive or deliver coin Moneder even if the holder has not registered in his business or business group.

 

TENTH - The effects foreseen in Organic Law 15/1999, of 13 December, on the Protection of Personal Data, businesses and business groups are informed and authorise the personal data provided to be included in the files owned by LoyaltyMoneder SLU with CIF number B67204396 and registered office at Plaçadels Albers, 16-17 Manlleu (08560), as the entity managing the database and the MONEDER PLATFORM.

 

 

The purpose of data processing is any activity related to the uses of the MONEDER ACCOUNT and the contractual relationship with its owners, including analysis, statistics and profiling, as well as advertising, promotion and marketing of the MONEDER LOYALTY TOOL and its member businesses and business groups.

 

The objective and essence of a MONEDER ACCOUNT is that it can be used in all the businesses adhered to the loyalty system and therefore the holder of an ACCOUNT necessarily and expressly authorizes the MONEDER PLATFORM to have the data contained in the application and all those obtained in the normal development of this system, are ceded only to the member businesses or member business groups where the MONEDER ACCOUNT is used, with the same purpose of obtaining, accumulating and managing Moneder coins, as well as direct communication to the holders of the MONEDER ACCOUNT of offers, promotions and information related to the member businesses and services.

 

All the data provided by the client or holder of the MONEDER ACCOUNT will be treated with the maximum care both by Moneder SLU, the Business Group, and by the businesses that have access to the data, according to the regulations on protection of personal data and only with the objectives foreseen by the MONEDER LOYALTY TOOL.

 

At all times the merchants, the Business Groups adhered and the MONEDER LOYALTY TOOL give for true and exact the data provided by the clients; the not correction of these exempts them of any responsibility. At any time, the holder of the MONEDER ACCOUNT can exercise his rights of access, rectification, opposition and cancellation of his personal data and communicate it to the MONEDER PLATFORM (by means of an e-mail to info@moneder.com, accompanied by a copy of the DNI, NIE or Passport number used in the registration of the MONEDER ACCOUNT) or to the Business Group, as entities responsible for the ownership of his data.

 

In the event that the holder of the MONEDER ACCOUNT wishes to oppose the receipt of advertising, offers, promotions and information from a specific business or business group adhered to specific may be unsubscribed from the website www.moneder.com, or directly through the automated unsubscribe options that will appear in the advertising blocks that the holder of the MONEDER ACCOUNT may receive. In the event that the data provided are from a third party, this will have to be informed about these conditions of use and operation, with the sole responsibility of the person who provides and / or fills out the application form.

 

ELEVENTH - The MONEDER PLATFORM is maintained and managed by Moneder SLU. The rights on all the contents of the MONEDER LOYALTY TOOL (among others, texts, audio, images, video, software, design and identifying signs) as well as the structure, presentation or format of the cards and complementary documentation are owned by Moneder SLU and are subject to the regulations on Intellectual and/or Industrial Property. These rights include, but are not limited to, those of fixation, reproduction, public communication, making available to the public and transformation. Under no circumstances does access to the MONEDER PLATFORM imply the cession, transmission or any type of waiver of Intellectual and/or Industrial Property rights.

 

TWELFTH - For the resolution of disputes arising in connection with this contract and the use of the MONEDER ACCOUNT, the parties shall expressly submit to the Courts and Tribunals of Vic.