General Conditions of use

LEGAL NOTICE AND GENERAL CONDITIONS OF USE

 

1.           IDENTIFICATION

 

In compliance with Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, we hereby inform you that the owner of the website e-virtuo.com (hereinafter, the "Website") is:

 

CHEQUE MOTIVA, S.L.

 

N.I.F. B-84391929.

Address: Calle Alcalá, 106, 28009 Madrid

Registered in the Mercantile Registry of Madrid, in Volume 21551, Folio 1, Sheet M-383465, 1st Inscription.

Contact details:

Phone: +34 91 426 38 80

Email: info@e-virtuo.com

 

Access, browsing and use of the e-virtuo.com website  (hereinafter, the "Website") attributes to those who access or browse it the condition of user and implies the full, express and unreserved acceptance of each and every one of the provisions included in this document and in the Privacy Policy and Cookies Policy of the Website.

 

The observance and compliance with the provisions hereof shall be enforceable with respect to any person who accesses, browses or uses the Website. If you do not agree to the terms set out, do not access, browse or use the Website.

 

2.           OBJECT

 

These General Terms and Conditions of Use regulate access, browsing and use of the Website, without prejudice to the fact that CHEQUE MOTIVA reserves the right to modify the presentation, configuration and content of the same, as well as the conditions required for access and/or use. Access to and use of the contents of the Website after the entry into force of its modifications or changes will imply acceptance of such modifications.

 

However, access to certain content and the use of certain services may be subject to certain particular conditions, which will in any case be clearly displayed and must be expressly accepted by the users. These specific conditions may replace, complete or, where appropriate, modify these General Conditions of Use.

 

CHEQUE MOTIVA reserves the right to modify the terms and conditions stipulated herein, in whole or in part, by publishing any change in the same form as these General Conditions of Use appear or through any type of communication addressed to users.

 

 In the same way, we inform users about their rights and obligations in relation to the content displayed through the Website, logos and brands used, as well as the responsibilities that may arise from the use of the service.

 

For the purposes of interpreting these Terms of Use, we understand that a person becomes a user at the time they accept the Terms of Use and the Privacy Policy set out on the Website, and it is sufficient for them to visit it.

 

3.           ACCESS AND REGISTRATION

 

Access to the contents of the Website is completely free of charge.

 

Access to and browsing the Website does not require registration, although in order to request the obtaining and sending of your Virtual Card, it will be necessary to complete the web form provided for this purpose.

 

The personal data provided by users will be used for the purpose, in the manner and with the limitations and rights provided for in the Privacy Policy.

 

The user must enter the data required in a truthful way, corresponding to the reality of the same, since this is the only way we will have to be able to attend to their request and manage the remittance of their Virtual Card. CHEQUE MOTIVA is in no way responsible for the veracity of the registration data provided by the users, so each of them will be solely responsible for the errors and errors they make at the time of providing their data and for the possible consequences that such errors and failures entail.

 

Access to the Website by minors is prohibited. However, in the event of access to the Website and registration by a minor, it will be presumed that access has been made with the prior and express authorisation of their parents, guardians or legal representatives, without prejudice to the fact that CHEQUE MOTIVA reserves the right to carry out as many verifications as it deems appropriate.

 

 

 

4.           INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

 

CHEQUE MOTIVA is the owner or, where appropriate, has the corresponding licences over the rights to exploit the intellectual and industrial property of the Website, as well as all the content offered therein, including the platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through it.

 

Access to the Website does not grant users any right or ownership over the Industrial and Intellectual Property rights of the Website and the contents contained therein. Consequently, neither the Website nor the content offered therein may be subject to exploitation, reproduction, distribution, modification, public communication, transfer or transformation without the prior and express authorisation of CHEQUE MOTIVA or, where appropriate, the holder of the corresponding rights.

 

References to registered trademarks or trade names, or other distinctive signs, whether owned by CHEQUE MOTIVA or by third parties, implicitly prohibit their use without the consent of CHEQUE MOTIVA or their legitimate owners. In accordance with the above, at no time, unless expressly stated otherwise, does access, browsing or use of the Website and/or its contents confer on the user any right over the distinctive signs included therein.

 

Likewise, it is forbidden to delete or manipulate the copyright indications or other credits that identify the rights holders of the content that the user finds on the Website, as well as the technical protection devices, digital fingerprints, or any protection mechanism or information incorporated into the content offered on the Website.

 

If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual and/or industrial property rights, they must immediately notify CHEQUE MOTIVA so that it can proceed to adopt the appropriate measures.

 

 Similarly, in the event that any user or third party considers that any of the contents of the Website owned by CHEQUE MOTIVA infringes their intellectual and/or industrial property rights, as well as any other rights of third parties, they must send a communication with the following information:

 

-            Identification data and means of contact of the claimant or his legal representative.

-            Documentation proving your status as the holder of the rights allegedly infringed.

-            A detailed account of the rights allegedly infringed by CHEQUE MOTIVA, as well as their exact location within the Website.

-            Express declaration by the complainant that the use of the content has been carried out without the consent of the owner of the allegedly infringed rights.

 

5.           LINKS

 

5.1.    LINKS TO OTHER WEBSITES

 

In the event that links to other websites are displayed on the Website by means of different buttons, links, banners or embedded content, CHEQUE MOTIVA informs that these are directly managed by third parties and that it does not have the human or technical means to know in advance and/or control and/or approve all the information.  content, products or services provided by other platforms to which links may be established from the Website.

 

Consequently, CHEQUE MOTIVA cannot assume any type of responsibility for any aspect related to the platform or website to which a link may be established from the Website, specifically, by way of example and not limitation, regarding its operation, access, data, information, files, quality and reliability of its products and services.  its own links and/or any of its contents, in general.

 

In this regard, if users have effective knowledge that the activities carried out through these third-party websites are illegal or contravene morality and/or public order, they must immediately notify CHEQUE MOTIVA so that the access link to them can be disabled, an action that will be carried out in the shortest possible time.

 

In any case, the establishment of any type of link from the Website to another external website does not imply that there is any type of relationship, collaboration or dependence between CHEQUE MOTIVA and the person responsible for said external website.

 

5.2.    LINKS ON OTHER WEBSITES TO THE WEBSITE

 

CHEQUE MOTIVA does not authorise the establishment of a link to the Website from those pages that contain materials, information or content that are illicit, illegal, degrading, obscene and, in general, that contravene the laws, morality or public order, or generally accepted social norms.

 

In any case, users may establish links on their respective web pages that lead to the Website, provided that they comply with the following conditions:

 

a)        the link may not reproduce the content of the Website or parts thereof in any way;

b)       it is not permitted to create a browser or a border environment on the sections of the Website, nor may the Website be modified in any other way;

c)        it is not permitted to make false, inaccurate or incorrect statements or indications about the Website and/or, in particular, to declare or imply that CHEQUE MOTIVA has authorised the link or that it has supervised or assumed in any way the content or services offered or made available on the website on which said link is established;

d)       the website on which the link to the Website is established shall not contain information or content that is illegal, contrary to generally accepted morality and good customs and public order, nor shall it contain content contrary to any rights of third parties, including intellectual and industrial property rights and/or the right to honour,  to personal or family privacy or to one's own image or any other right, or content contrary to the regulations governing the protection of personal data.

 

CHEQUE MOTIVA does not have the power or human or technical means to know, control or approve all the information, content, products or services provided by other websites that have established links to the Website. Therefore, it does not assume any type of responsibility for any aspect related to the website that establishes that link to the Website, specifically, by way of example and without limitation, regarding its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents,  in general.

 

6.           RULES OF USE OF THE WEBSITE

 

It is not permitted and, therefore, its consequences will be the sole responsibility of the user, to access or use the Website for illegal or unauthorized purposes, with or without economic purpose. In particular, and without the following list being absolute, it is prohibited:

 

1)        Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer of any third party;

2)        Use the Website for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files;

3)        Use the Website to collect personal data from other users;

4)        Use the Website illegally, contrary to good faith, morality and public order;

5)        Register through the Website under a false identity, impersonating third parties or using a profile or performing any other action that may confuse other users as to the identity of the origin of a message;

6)        Gain unauthorized access to any portion of the Website, other systems or networks connected to the Website, any CHEQUE MOTIVA server, or the services offered through the Website, by hacking or forgery, password mining, or any other illegitimate means;

7)        Violate, or attempt to breach, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent in the content offered on the Website;

8)        Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of CHEQUE MOTIVA, as well as in the systems and networks connected to the Website; or

9)        Impede the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or trying to alter, illegally or in any other way, the access, participation or operation of the same, or by falsifying the result of the same and/or using fraudulent methods of participation,  through any procedure, and/or through any practice that violates or violates these Terms of Use in any way.

 

Failure by the user to comply with any of the above obligations may lead to the adoption by CHEQUE MOTIVA of the appropriate measures under the law and in the exercise of its rights or obligations, which may lead to the deletion or blocking of the account of the offending user, without the possibility of any compensation for the damages caused to the latter.

 

7.           DISCLAIMERS AND DISCLAIMER OF WARRANTIES

 

7.1. Access to the Website and the use that users make of the information contained therein is the sole responsibility of said users. CHEQUE MOTIVA will not be liable for any damages that may arise from such access or use of the aforementioned information.

 

CHEQUE MOTIVA excludes any liability that may arise from:

 

i)                         the transmission of information between users. The responsibility for the statements disseminated by users is exclusive to those who make them.

 

ii)                       incidents and events of any kind that are caused by a breakdown in the computer program (for example, impossibility of registering a user, completing the acquisition, interruption or loss of a call, etc.) or incidents that have their origin in cases derived from causes such as a breakdown in the telephone network,  caused by natural external agents (atmospheric, climatological), or by a deficient functioning of the companies supplying such services.

 

 

iii)                     the veracity, completeness or updating of the information published on the Website from sources other than the Website, as well as that contained in other platforms to which the Website is linked. CHEQUE MOTIVA will not assume responsibility for hypothetical damages that may arise from the use of the aforementioned information.

 

7.2. Likewise, CHEQUE MOTIVA cannot guarantee the reliability, usefulness or absolute veracity of all the information and/or services on the Website, nor the full usefulness or veracity of the documentation made available through it.

 

Consequently, CHEQUE MOTIVA does not guarantee and is not responsible for: (i) the continuity of the contents of the Website; (ii) the absence of errors in such content; (iii) the absence of viruses and/or other harmful components on the Website or on the server that provides it; (iv) the invulnerability of the Website and/or the impossibility of violating the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Website; and (vi) any damages caused to themselves or to a third party by any person who infringes the conditions, rules and instructions established by CHEQUE MOTIVA on the Website or through the violation of the Website's security systems.

 

However, CHEQUE MOTIVA declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the operation of the Website and to minimise system errors, both from a technical point of view and in terms of the content published on the Website.

 

Finally, CHEQUE MOTIVA does not guarantee the legality, reliability and usefulness of the content provided by third parties through the Website. If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could imply an infringement of the rights of third parties, they must immediately notify the provider so that it can proceed to adopt the appropriate measures.

 

8.           SUSPENSION OF THE WEBSITE

 

CHEQUE MOTIVA reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, browsing, use, hosting and/or downloading of the content and/or use of services on the Website, with or without prior notice, to users who contravene any of the provisions detailed in these General Conditions of Use.  without the possibility of the user demanding any compensation for this reason.

 

9.           GENERAL CLAUSES

 

9.1. The headings of the different clauses are for information purposes only, and shall not affect, qualify or extend the interpretation of these General Conditions of Use.

 

9.2. CHEQUE MOTIVA may modify the terms and conditions stipulated herein, in whole or in part, by publishing any change in the same form in which these General Conditions of Use appear or through any type of communication addressed to users. The temporal validity of these General Terms and Conditions of Use therefore coincides with the time of their exposure, until they are totally or partially modified, at which time the modified General Conditions of Use will come into force.

 

9.3. Regardless of the provisions of the specific conditions that may be established, CHEQUE MOTIVA may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the possibility for the user to demand any compensation. After such termination, the prohibitions on the use of the content set out above in these General Terms and Conditions of Use shall remain in force.

 

Likewise, if the user fails to comply with these General Conditions of Use, CHEQUE MOTIVA may suspend or cancel their profile automatically and without prior notice, and in no case would such suspension or cancellation entitle the user to any compensation. To this end, CHEQUE MOTIVA informs that it may inform and collaborate in a timely manner with the competent police and judicial authorities if it detects any infringement of current legislation or if it suspects the commission of a crime.

 

9.4. In the event of a discrepancy between the provisions of these Terms of Use and the specific conditions of each specific service of the Website, the provisions of the latter shall prevail.

 

9.5. In the event that any provision of these Terms of Use is declared null and void or unenforceable, in whole or in part, by any competent court, tribunal or administrative body, such nullity or non-application shall not affect the remaining provisions of these Terms of Use.

 

9.6. The failure of CHEQUE MOTIVA to exercise or execute any right or provision contained in these General Terms and Conditions of Use shall not constitute a waiver thereof, unless acknowledged and agreed in writing by the latter.

 

10.      APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

 

Provided that the regulations in force for this purpose provide for the possibility for the parties to submit to a specific jurisdiction, for any litigious matter arising from or related to this Website, the Spanish legislation in force at the time of the litigation will be applicable, and we will submit to the Courts and Tribunals of the city of Madrid (unless subject to a different jurisdiction by legal imperative to the contrary).

 

To file complaints in the use of our services, you can write to the electronic or physical address indicated in the "Identification" section, undertaking to seek an amicable solution to the dispute at all times.

 

Last updated: May 2024.