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

 

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.

 

SECOND: SCOPE AND DURATION OF USE

 

The MONEDER ACCOUNT will remain in force indefinitely until the holder decides to cancel it through the website of  MONEDER PLATFORM (www.moneder.com).

 

In the event that a business or business group deregisters from the MONEDER LOYALTY TOOL, all coins that have been issued and that have been exclusively valid will be withdrawn from circulation. In these cases, the holder of the account accepts to lose without right to claim all theMoneder coins that had accumulated and that had exclusive validity in the business or groups of businesses that were canceled.

 

THIRD: OPERATIONAL

 

3.1. All data provided by the customer to obtain the MONEDER ACCOUNT will be treated with the utmost care according to the privacy policy indicated in the fourth paragraph. In the event of a modification of the holder's data, the holder will have to communicate this to the MONEDER PLATFORM as the entity managing the database and the loyalty system, by means of an e-mail to info@moneder.com or through the intranet of his/her MONEDER ACCOUNT. At all times the shops, the Business Group and the MONEDER LOYALTY TOOL consider the data provided by the customers to be true and exact; the failure to correct these exempts them from any responsibility.

 

3.2. Use: The use for the first time of the MONEDER ACCOUNT in any commerce adhered implies the acceptance fulfilled and without objection of these general conditions of use and operation.

 

The MONEDER ACCOUNT is for personal use and is not transferable by its owner, which identifies the user with your name and surname and other data you have provided. The holder and, where applicable, the representatives of minors, are solely responsible for the correct use of the MONEDER ACCOUNT.

 

In the event of loss, theft of access data to the MONEDER ACCOUNT or deterioration of the loyalty card. The customer must communicate this from the website www.moneder.com, by means of an e-mail to info@moneder.com or in the business or business groups where he/she has registered. Likewise, the MONEDER PLATFORM is not responsible for any improper or fraudulent use made of the MONEDER ACCOUNT before receiving and processing the notification of loss or theft made by its owner. The holder will keep theMoneder coin that had accumulated at the moment in which the notification of the loss or theft is received and processed.

 

In the supposed fraudulent use of the MONEDER ACCOUNT and/or contrary to the present general conditions, the MONEDER LOYALTY TOOL reserves the right of annulment of the same one and automatic loss of the accumulatedMonedercoin canceling or limiting the use of the same one to the holder.

 

At any time during the validity and use of the MONEDER ACCOUNT the businesses and business groups adhered to may request the presentation of the ID or official identification document valid to the user of the same as a measure of control and / or validation of ownership.

 

3.3. Obtaining Moneder Coin: Each time the holder of the MONEDER ACCOUNT makes a purchase in a business and identifies with the available methods, he will obtain Moneder Coinbroadcasted according to the mode of obtaining parameterized by the business or business group.

 

The holders of the MONEDER ACCOUNT will be able to obtain general information of their accumulated coins together with their validity, equivalence and expiry date through the website www.moneder.com, inserting the user name and password which will be provided to them by e-mail.

 

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 and and gave rise to this anomaly. In all these cases, the responsibility of the MONEDER LOYALTY TOOL is limited to correcting the error when the holder of the MONEY ACCOUNT accredits in a reliable way that the business has recognized and amended the anomaly.

 

3.4. Change of Moneder Coin: Depending on the parameterized equivalence of the business or business groups, the Moneder Coin may be used to pay part of a future purchase in any business that gives it validity according to the parameterization, it may be exchanged for specified gifts supplied by the traders or business groups, or it may be exchanged for any other equivalence that can be parameterized.

 

Moneder SLU will not be responsible if a shop does not exchange theMoneder coin as it has parameterized a holder of a MONEDER ACCOUNT.

 

3.5. If the Moneder coin so permits, the holders of the MONEDER ACCOUNT may transfer all or part of the accumulated Moneder coin to other holders of the MONEDER ACCOUNT or to businesses. To transfer coins, the holder of the MONEDER ACCOUNT will have to access the corresponding section through the website www.moneder.com, enter the amount to be transferred and the email address or user name of the recipient holder. Moneder SLU will not be responsible for the errors that the holder can commit during this process.

 

3.6. The holders of the MONEDER LOYALTY TOOL accept to lose the totality or part of the euros of gratification that it has, if these originally have been obtained or generated of an illicit way or of a way not foreseen in the present contract, although the current holder is not the person in charge of the obtaining or of the illicit generation or not foreseen, had received them by means of a transference, or its origin cannot be traced with exactitude.

 

3.7. The communication of Moneder SLU, with the traders and groups of businesses titular of the MONEDER ACCOUNT will be carried out by electronic mail. If the holder does not supply an electronic mail, supplies an incorrect electronic mail, does not communicate the changes of electronic mail and/or does not answer before 30 days the important messages (the title will be headed with the word "important") that Moneder SLU can send, the holders of the MONEDER ACCOUNT accept to lose the totality of gratification euros that they have and the cancellation of your account.

 

FOURTH: DATA PROTECTION

 

The effects provided for in Organic Law 15/1999, of 13 December, on the Protection of Personal Data, the applicant for the MONEDER ACCOUNT is informed and authorises the personal data provided to be included in the files owned byMoneder loyalty 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 PLATFORM and its associated merchants and Contracting Business Group.

 

The objective and essence of the MONEDER ACCOUNT is that it can be used in all the shops adhered to the loyalty system and therefore the owner necessarily and expressly authorises 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 businesses or business groups adhered where the ACCOUNT is used or where it has been discharged, with the same purpose of obtaining Moneder coin, its exchange, as well as, the direct communication to the holders of the MONEDER ACCOUNT of offers, promotions and information related to the commerce and services adhered.

 

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 to and the MONEDER LOYALTY TOOL give as true and accurate the data provided by customers, the failure to correct these exempts them from any liability. 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 shop or Business Group, he/she may unsubscribe from the www.moneder.com website, 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.

 

FIFTH: LIMITATION OF LIABILITY

 

The MONEDER PLATFORM will not be responsible for the use that the holder makes of the MONEDER ACCOUNT, nor will it be responsible for the possible damages derived from the use that the holder and/or the bearer may make, except for those consequences that are a direct product of a negligent or fraudulent action of the operation of the MONEDER ACCOUNT.

 

The MONEDER PLATFORM reserves the right to withdraw, cancel and/or demand the pertinent responsibilities to the client who makes an improper or fraudulent use of the MONEDER ACCOUNT or who does not comply with these general conditions of use and operation.

 

SIXTH: OTHER PROVISIONS

 

These terms and conditions may be consulted at www.moneder.com

 

The MONEDER PLATFORM may modify the general conditions of use and operation of the MONEDER ACCOUNT. These changes will be notified through the web page or the channels that the MONEDER PLATFORM determines with a previous notice of one (1) month, date from which they will be effective and will not generate any type of responsibility for the MONEDER LOYALTY TOOL. The continued use of the MONEDER ACCOUNT will imply the acceptance of the modifications made.

 

SEVENTH: INTELLECTUAL AND INDUSTRIAL PROPERTY

 

The MONEDER LOYALTY TOOL is maintained and managed by Moneder SLU. The rights on all the contents of the MONEDER PLATFORM (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, the rights 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.

 

EIGHTH: JURISDICTION

 

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.

 

 

 

 

 

 

NOTE:

 

Moneder SLU notifies that not all the users or holders of a MONEDER ACCOUNT have accepted the present GENERAL CONDITIONS OF USE AND OPERATION OF THE MONEDER ACCOUNTFOR HEADLINES. In fact, the majority of users or holders of the MONEDER PLATFORM have only accepted the GENERAL CONDITIONS OF USE AND OPERATION defined by the BUSINESS GROUP contracting the MONEDER LOYALTY TOOL, which will generally be similar to these GENERAL CONDITIONS OF USE AND OPERATION. In any case, in this last case, the responsibility of the Ownership of the data of the users or owners will fall on the contracting BUSINESS GROUP, with MONEDER SLU acting solely as the service provider of the BUSINESS GROUP.

 

If a user or holder has doubts about the entity that is responsible for the ownership of his data, he can request it 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.