Consentio Platform, S.L., with address at Avenida Diagonal 571, 08029 Barcelona (“
Consentio” or “
We”), having Spanish tax identification number (N.I.F.) B66734690, registered at the Companies House, is the owner of the Consentio mobile application (hereinafter, the “
App”) and of the web portal
www.consentio.co (hereinafter, the “
Web Portal”) (jointly, the “
Consentio Platform”).You can contact Consentio at info@consentio.co and at +34 911 98 84 22 (Spanish), +33 1 76 35 03 74 (French) and +44 20 3808 4602 (English).The use of the Consentio Platform is subject to the following conditions set out in this document (the “
Terms of Use”).
TERMS OF USE
1. PURPOSE AND SCOPE
1.1. The acceptance of these Terms of Use attributes to the company you represent (hereinafter, the "
Company" or “
You/you”) the condition of user of the Consentio Platform. By using the Consentio Platform you expressly agree to be bound by these Terms of Use as well as to the
Privacy Policy and the
Data Processing Agreement.
1.2. You acknowledge having fully read and accepted these Terms of Use.
2. YOUR ACCOUNT
2.1. Using the Consentio Platform requires setting up a Company account with Consentio (hereinafter, the “
Account”). A Company Account may have several user accounts.
2.2. We may require an initial data validation in order to create a Company Account and, after the Company’s Account has been set up, We may request at any time an additional validation. Particularly, We may require the representative of the Company setting up the account to provide evidences of his/her condition of empowered representative of the Company and a validation of the additional users registered under the Company Account. In these cases, We may suspend the use by the Company of the Account or of the Consentio Platform until such evidences have been provided.
2.3. You are responsible for ensuring that the account information provided to us (“
Account Information”) is correct, complete, and kept up to date at all times. You can access and update your Account Information in the my account section of the app.You are solely responsible for safeguarding your Account and keeping the confidentiality of your password.
2.4. You are solely responsible for any activity occurring under your password, including activity made possible by an unauthorized use of your Account that is the result of your fault and negligence. If you have reason to believe that your Account is no longer secure, you must immediately notify us.
2.5. You are required to provide a two (2) months’ notice in order to cancel your Company Account.
3. FEATURES AND USERS OF THE CONSENTIO PLATFORM
3.1. The Consentio Platform is a communication and sale platform to be used between entities and professionals trading in the same market. You may find a complete description of the functionalities and features of the App in this link and of the Web Portal in the following link.
3.2. You shall be entitled to sub-license the use of the App to those third-party users that You may deem strictly necessary for the operation of your activities (the “Users”). Said sub-license will be free for Users.
3.3. When downloading the App or registering at the Web Portal, Users will be required to expressly accept the Terms of Sub-License and Privacy Policy which will be binding to them. Note that You will remain as the ultimate responsible for any damages caused to Consentio or any third party as a consequence of the use of the Consentio Platform by the Users.
4. USE OF THE CONSENTIO PLATFORM
4.1. The use of the Consentio Platform by You or your Users will be conditioned upon having duly paid the price agreed with Consentio. Theprice to be paid by the Company will be agreed with Consentio’s Sales and Success Team through written communication by email.
4.2. The clients of a paying Company may have free access to use the Consentio Platform subject to the terms agreed with Consentio.
4.3. We may change our fees from time to time. In that case, We will previously inform you about the new applicable fees and will require you to accept them in order to allow the Company or its Users to keep using the Consentio Platform.
4.4. You agree that You will solely use the Consentio Platform in your professional capacity and, therefore, You will only provide professional data through the Consentio Platform. In addition and without limitation, You agree not to provide Consentio any special categories of personal data, such as racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data or data concerning your health, sex life or sexual orientation.
4.5. You agree that you will not use this Consentio Platform for any purpose that is unlawful, prohibited in or contrary to these Terms of Use, harmful to the rights and interests of others, or in a way that may damage our reputation.
4.6. You agree that you will not use the Consentio Platform in a way that may disable, overburden, impair or prevent its normal use, integrity, and stability. You agree not to remove, circumvent, and/or disable any security-related feature of the Consentio Platform.
4.7. To the maximum extent permitted by applicable law, you will hold Consentio harmless against any third-party claims, complaints, actions, and objections arising from or in connection with the breach of the Terms of Use or the Terms of Sub-License, your or any User’s misuse of the Consentio Platform, or that made from your Account or any User Account. Consequently, you will be liable for the costs of any damages awarded against Consentio resulting from litigation, preliminary proceedings, or any other claims, resulting from such breach or misuse, including all expenses and costs incurred in defending Consentio’s interests and any resulting attorney fees.
4.8. You agree to respect the terms and conditions established in the present Terms of Use at all times. You expressly state that you will diligently use the Consentio Platform and assume any responsibility that may arise from breaches of these conditions.
4.9. You undertake, in those cases where information is requested, not to falsify the identity by impersonating another person. You accept that the use of the Consentio Platform will be carried out for strictly legal and legitimate purposes, and without identity fraud, and in full compliance with the laws of your country and of Spain, including the regulations in force regarding money laundering and the financing of terrorism. You cannot use the Consentio Platform for activities contrary to law, morals or public order, as well as for prohibited purposes or that violate or damage third party rights. Furthermore, the dissemination, storage and/or management of data or content that infringes the rights of third parties or any regulation regarding intellectual property rights is prohibited.
4.10. Likewise, you may not use the Consentio Platform to transmit, store, disseminate, promote or distribute data or contents that carry viruses or any other computer code, files or programs designed to interrupt, destroy or impair the operation of any computer or telecommunication program or equipment.
4.11. We reserve the right to disable the access to a Company Account, either temporarily or permanently, to You if We have grounds to consider that You are violating any of the provisions established in these Terms of Use or applicable law. If you detect any irregular use of the Consentio Platform by any User or, in general any other person using the Consentio Platform, You shall contact us at info@consentio.co
5.
INTELLECTUAL PROPERTY RIGHTS
5.1. The set of all content hosted or made available through the Consentio Platform, including but not limited to software, code, interfaces,processes, text, graphics, logos, button icons, images, audio clips, digital downloads, data collections or other material are the property ofConsentio or of its content providers and is protected by national and international legislation on intellectual property rights, copyright anddatabase rights.
5.2. You acknowledge that there has been qualitatively or quantitatively substantial investment in either the obtaining, verification or presentation of the contents to prevent extraction or re-utilization of the whole or of a substantial part, evaluated qualitatively or quantitatively, of the contents of Consentio’s database. Therefore, You agree that Consentio holds all rights associated to its databases.
5.3. Consentio aims at granting You the best user experience possible by thriving efficiency and better pricing through their trading processes. Therefore it is key to have access to your data to customize all services provided to You and allow You to improve and streamline your trading processes. In particular but without limitation, You grant Consentio a non-exclusive, non-limited, transferable and sub-licensable right of use over the non-personal data included by the User through the Consentio Platform, for the maximum term permitted by law and for its use in the broadest terms by Consentio.
5.4. In addition, you grant Consentio a general prior written authorization to engage with other companies to host and transfer data in the terms specify in the Privacy Policy to grant the best and most efficient service. Consentio will inform you in due time of any intended changes concerning the addition or replacement of partners.
5.5. Consentio will always take special care anonymizing your data and will strictly comply with all the terms agreed in the Privacy Policy.
5.6. Except as expressly authorized by Consentio, You agree:(a) Not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative worksfrom, or otherwise make unauthorized use of the Consentio Platform or any of its elements.(b) Not to reverse-engineer, decompile, disassemble or otherwise attempt to discover the source code of the Consentio Platform, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.(c) Not to create hypertext links to any element of the Consentio Platform without the authorization of Consentio.
5.7. Consentio itself reserves all the rights not expressly granted in these Terms of Use.
6. LINKS
6.1. The Consentio Platform may include links to third party applications or websites or services that are not owned or controlled by Consentio. We have no control over, and assume no responsibility for the content and practices of any third-party sites. Access and use of those linked applications and/or sites and their content is at your own risk. These Terms of Use do not govern your use of any site or service other than the Consentio Platform. You should review applicable terms and policies of any linked site. For instance and without limitation, you shall review the terms of use and sale of the escrow and payment systems available for the Consentio Platform.
6.2. By using the App or the Web Portal you expressly acknowledge and agree that, to the maximum extent permitted by applicable law, We will not be liable for any content submitted, posted, linked to, shared or otherwise made available via our App or our Web Portal, including, but not limited to, any inaccuracies, errors or omissions in any content, any intellectual property infringement with relation to the linked content, or any loss or damage of any kind incurred as a result of the use of any content linked in or otherwise made available via the Consentio Platform.
7. NOTICES
7.1. If You have any question regarding any issue stated in these Terms of Use or related with the use of the Consentio Platform, You may provide us with notices to the following address: info@consentio.co
7.2. All notices, requests, demands and other communications that the Company or the Users wish to make to Consentio must be made inwriting by email.
7.3. We may provide you with notices by e-mail to the e-mail address provided by you with your Account Information or through any othermeans. It is your responsibility to update such Account Information regarding any changes. Subject to the Privacy Policy, Consentio mayaddress you commercial communications (even in electronic format) including information about its products that may be of your interest.
8. CONSENTIO PLATFORM’S AVAILABILITY
8.1. We will do our best efforts to ensure that the availability of the Consentio Platform will be uninterrupted and that transmissions will be error-free. However, this cannot be guaranteed in all cases. Your access to the Consentio Platform may also be occasionally restricted or suspended for maintenance purposes. In these case, We will make our best efforts to give 24 hours’ notice of the disconnection.
9. LIABILITY
9.1. Consentio does not own any of the items or products offered through the Consentio Platform, nor reviews or validates the products that are promoted through the Consentio Platform. Therefore, Consentio shall not be deemed liable, directly or indirectly, nor subsidiarily, for damages of any kind arising from any use of the App, Web Portal or third party applications as well as of the lack of legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of the same.
9.2. Without limitation, Consentio will not be liable for damages of any kind arising from:a) The use of the Consentio Platform or by the status, origin, possible inaccuracy, or possible falsification of the data provided by users ingeneral of the Consentio Platform or the products promoted through the Consentio Platform.b) The contents, information, opinions and statements that are communicated or displayed through the Consentio Platform.c) The use of the Consentio Platform’s materials, whether prohibited or permitted, in violation of the intellectual property rights, confidential information, contents of the App, the Web Portal or third parties.d) The performance through the Consentio Platform of acts of unfair competition and illegal advertising.e) The eventual loss of data for reasons not attributable to the Consentio Platform.f) The unavailability, errors, access failures and lack of continuity of the Consentio Platform.h) Failures or incidents that may occur in communications, deletion or incomplete transmissions through the Consentio Platform.i) Non-operation or problems in the e-mail address or other contact details provided by the Company.
9.3. Consentio will solely and exclusively be liable to the Company of the Consentio Platform provided by itself and the contents directly originated and identified with its copyright, being limited, at most and where appropriate, to the amounts received directly from the Company by Consentio, excluding all case of liability for indirect damages or loss of profits.
9.4. Any claim or controversy that may arise between users in general of the Consentio Platform must be resolved between them.
9.5. Consentio will work at all times to improve transaction efficiency for its Users. However, it will under no circumstances create market unfairness or inequalities while pursuing this aim. In this sense, Consentio firmly believes in fair markets and will report to the relevant authorities any misbehaviour in the above mentioned sense that it may be aware of.
9.6. To the maximum extent permitted under applicable law, We will not be liable for any damages due to the following circumstances:- impossibility of temporarily accessing the Consentio Platform linked to operations for technical maintenance or updating the publishedinformation;- viral attack or any illicit use causing damages to the Consentio Platform. The Company is responsible for any damage to third partiesand the consequences of the complaints or actions that might arise insofar caused by the use of the Consentio Platform by the Companyor its Users;- infringement of third party intellectual property rights by the Company or any of its Users or, in general, in the event of violation ofthird party rights by the Company or any of its Users.
10. MODIFICATION OF THESE TERMS OF USE
10.1. We may, at our sole discretion, modify all or part of these Terms of Use at any time. Without prejudice to this if, in Consentio’s sole discretion, the revision is material you will be required to affirmatively accept the updated Terms of Use in order to keep on using the Consentio Platform.
10.2. To the extent permitted by law, the illegality, invalidity or nullity of any of the clauses in these Terms of Use will not affect the validity of their other provisions, which shall be deemed fully in force and effect.
11. GOVERNING LAW AND JURISDICTION
11.1. These Terms of Use shall be governed by Spanish common law.
11.2. All conflicts arising from or related to these Terms of Use shall be submitted to the non-exclusive jurisdiction of the Spanish courts of the city of Barcelona, Spain.
