LEGAL NOTICE
This Legal notice establishes the terms and conditions to access and use the application called Monetr (hereinafter referred to as the “App”) created by MONETR and which it makes freely available to its users (hereinafter referred to as “users”).
The mere access to the application implies the knowledge, understanding and acceptance, necessarily and without any reservation, of the terms and conditions stipulated in this Legal notice (the “Terms and conditions”). Therefore, it is recommended that users read these Terms and conditions carefully, as well as the messages, instructions or warnings that are communicated to them while browsing the application, and they must comply with all of them. If users disagree with these stipulations, they should not use the application.
MONETR reserves the right to modify or update the Terms and conditions at any time and without prior notice, due to regulatory requirements, technical reasons, changes in the services offered or strategic decisions, by modifying or updating the text accessible to users in these Terms and conditions and, if necessary, the acceptance of the user will be requested. In the event that the user does not accept the new terms of the contracting policy, the user may not continue to enjoy the provision of services by the company and, where appropriate, must unsubscribe from any registration or distribution list associated with the application. The use of the application after making the changes will imply acceptance of them.
Identification of the owner of the application
The owner of the application is Symmons & Co. Ltd, having its registered office at Alpha 3, the buntings, cedars park, Stowmarket IP14, 5GZ, United Kingdom, provided with the UK identification number 6233459924285 (“MONETR” or the “Company”).
Its contact email is legal@monetr.co.uk.
Object of the application
The application is a computer platform that makes it easier for the user to manage various metrics for their organisation and internal management.
Minors
The contracting of certain products and services could entail the payment of a fee, as well as the acceptance of specific contracting conditions, for which it is necessary to be older than 18 years of age.
Access to the application
Access to and use of the application is free. Some of the services provided through the application may be regulated by conditions of use, policies and/or special instructions which, in such cases, will replace, complete or modify the content of these Terms and conditions.
User obligations
Users agree to make proper and lawful use of the application in accordance with applicable law and these Terms and conditions. Users must refrain from:
- Making unauthorised or fraudulent use of the application;
- Access or attempt to access restricted resources of the application;
- Impersonate the identity of the user or third parties or harass other users, as well as use the application and its different possibilities in an offensive, harmful or inappropriate manner in accordance with the law, good faith, morality and public order;
- Use the application for illicit, illegal purposes, contrary to what is established in these Terms and conditions, harmful to the rights and interests of third parties, or that in any way may damage, disable or overload or prevent the normal use or enjoyment of the application;
- Causing damage to the systems of MONETR or to third-party systems, as well as, in particular, introducing or spreading computer viruses or any other physical or logical systems that are likely to cause damage to the systems of MONETR or third-parties;
- Attempting to access, use and/or manipulate the data of MONETR, third parties or other users;
- Apply reverse engineering techniques, decipher, decompile or use any other system to know the source code of the application or any other element subject to copyright or intellectual or industrial property rights; and/or
- Modify or attempt to modify the application or perform actions or use means to alter its appearance or its functions.
Limitation of liability
MONETR does not guarantee the availability and continuity of the operation of the application. Consequently, MONETR shall not be, in any case, responsible for any damages that may derive from:
- The lack of availability or accessibility to the application;
- The interruption in the operation of the application or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centres, in the internet system or in other electronic systems, produced in the course of its operation;
- Errors or delays in the access to the application by the user when entering their data in the form, the slowness or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of fortuitous event or force majeure and any other unforeseeable contingency beyond the good faith of MONETR;
- Losses, harm or damages of any kind that arise from accessing and using the application, including, but not limited to, those produced in computer systems or those caused by the introduction of viruses and/or computer attacks;
- The veracity, integrity or updating of the information that is not of its own elaboration; and/or
- Other damages that may be caused by third parties by unauthorised interference beyond the control of MONETR.
MONETR does not guarantee the absence of viruses or other elements in the application introduced by third parties that may cause alterations in the physical or logical systems of the user or in the electronic documents and files stored in their systems. Consequently, MONETR shall not be, in any case, responsible for any damages of any kind that may derive from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the user.
MONETR does not guarantee that unauthorised third parties cannot know the conditions, characteristics and circumstances in which users access the application. Consequently, MONETR shall not be in any case responsible for damages that may arise from such unauthorised access.
With the subscription of these Terms and conditions, users declare that they will not hold MONETR responsible for any claim against it, its parent company, directors, partners, employees, lawyers and agents derived from the breach by users of any provision contained in these Terms and conditions or any law or regulation applicable to them of the breach or violation of the rights of third parties.
In any case, MONETR shall only be liable for those damages that users may suffer as a result of wilful action, or manifestly negligent action on its part, in relation to access to the application, the provision of its services, as well as the use of the contents, tools and functionalities.
Links to third parties
MONETR does not control the content of other sites from which this application can be accessed; or to which it allows access through different links (links). Therefore, MONETR is not responsible for the information contained therein or for any effects that may derive from said information. We make such links available to users, for their comfort and convenience, an action that in no case may be interpreted as approval or sponsorship, on our part, of the contents of said websites. We make no warranty, express or implied, about the veracity, propriety, validity or legality of any of the linked sites and their content.
If any user or a third party observes that the contents to which this application allows access through links may be contrary to laws, morality or public order, they must inform by email to legal@monetr.co.uk.
Compensation
In case MONETR, the companies of its group or any other person involved in the creation, production and distribution of this application suffers any type of damages, harm, losses or costs (including the legal fees and lawyers that would have been necessary) as a consequence of a failure by users to comply with these Terms and conditions, they will be obliged to compensate fully the damages caused. What is established above will apply, in particular, but without being limited to, the cases in which, as a consequence of the breaches of the users, there are claims by third parties against MONETR or any of the companies of its group. Users shall not hold MONETR and its group companies liable, who may claim from them any expense, cost, damage or harm that may have been derived from their actions, provided that this expense, cost, damage or harm is caused by the breach of these Terms and conditions by the user.
Intellectual and industrial property rights
This application belongs to MONETR. Its contents (including, but not limited to, its source code, trademarks, images, icons, designs, and general presentation) are protected, in accordance with Spanish regulations, community and international regulations, by copyright, trademarks, and other rights of intellectual and industrial property owned by MONETR, its group companies or third parties. Access to this application does not confer in any case, nor can it be interpreted as authorisation or license of any kind regarding such content and rights.
Likewise, certain trade names, brands, logos, slogans and other materials displayed in this application are duly registered in the name of MONETR or other entities. Users are not authorised to use any of these elements, whose property will remain, in any case, under the ownership of MONETR or those entities.
Any act of reproduction, distribution, transformation or public communication is strictly prohibited, as well as any type of transfer, of all or part of the content of the application, in general, any act of exploitation of all or part of the contents (images, texts, design, indexes, forms, etc.) as well as the possible databases that the application may contain and any object that is protectable according to current legislation, especially in accordance with intellectual and industrial property regulations.
In particular, users may not, under any circumstances, exploit or make commercial use, directly or indirectly, in whole or in part, of any of the content that makes up the application, as well as modify, copy, distribute, transmit, display, advertise, sell and/or grant licenses of any content of the application or create works derived from them, without the prior written authorisation of MONETR and, where appropriate, also of its owner. Any authorisation or license on the application and its content does not imply, under any circumstances, the waiver, transmission or assignment, in whole or in part, of any of the aforementioned rights.
Users may, from time to time, print copies of the individual pages of the application, as long as they do so for their personal, non-commercial use, and maintaining, without alteration, the notes referring to copyright, registered trademarks, and any other identification relevant to the rights of MONETR or third parties. Making any other kind of copy, whether in electronic format, on paper or any other modality, is completely prohibited.
MONETR expressly reserves any civil and criminal actions, under Spanish and foreign legislation, that may correspond to it as a consequence of the violation of the peaceful possession and/or unauthorised use of its industrial and intellectual property rights.
Privacy
Browsing and use of certain services in the application may require users to provide personal data. MONETR processes this type of information in compliance with the applicable legislation, as established in the Privacy policy https://monetr.co.uk/privacy-policy/ which forms part of these Terms and conditions.
Notifications
MONETR may make the appropriate notifications by means of the email address or the telephone number provided by the users.
Assignment
Users may not assign their rights and obligations under these Terms and conditions without the prior written consent of MONETR. Likewise, MONETR may assign to any entity included within its group of companies, throughout the world, as well as any person or entity succeeding it in the exercise of its business by whatever title.
Safeguarding and interpretation
These Terms and conditions constitute an agreement between each of the users and MONETR. If the competent authority declares any provision as illegal, invalid or unenforceable, it must be interpreted in the closest way to the original intention of said provision. Such declaration regarding one or several clauses shall not affect the validity of the rest. The fact that MONETR does not demand strict compliance with any of the stipulations contained in these Terms and conditions does not constitute nor can it be interpreted in any case as a waiver on its part to demand its strict compliance in the future.
Language
The language applicable to these Terms and conditions is Spanish. Therefore, users expressly accept that they are governed by the version in Spanish. If a version in another language is offered, it is merely a courtesy, for the convenience of users.
Applicable law and jurisdiction
Except in the cases in which the current applicable regulations oblige to submit to a different legislation, this application, its contents and services, the relations between the users and MONETR, as well as these Terms and conditions shall be governed and must be interpreted in accordance with the Spanish law.
Except in cases in which the current applicable regulations require submission to a different jurisdiction, such as that relating to the courts and tribunals of the domicile of the user, which will be strictly respected if it is imperative; any question or controversy derived from or related to this MONETR application, its contents and services, the relations between users and MONETR, as well as these Terms and conditions shall be submitted to the judges and courts of Madrid.
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