Address: Fuentebravía 17-1-1 Edif. Hindustan, 11500, El Puerto de Santa María – Cadiz
Public Registry: Registered in the Commercial Register of Cadiz, Volume 2228, Sheet CA-51095, Folio 222
Contact phonenumber:+34 911 985 555
Please read this document carefully. It constitutes the terms and conditions of use and the legal notice (hereinafter, the “Terms ofUse”) that regulate the access and use of the plataforma available on the website located at the following URL www.muving.com (hereinafter, the”Website”)or by downloading your mobile app available under iOS and/or Android systems (hereinafter, the “Application”), jointly referredto as the “Platform”.
MUVING reserves the right to modify its presentation, configuration and content, as well as the necessary conditions for its access and/or use whennecessary,so we recommend that you visit them periodically to be duly informed.
3.- ACCESS, REGISTRATION AND LOW ON THE PLATFORM
Access to the Platform will be through the Website or by downloading and installing the Mobile App,which may be downloaded from the Online App Store or Google Play .
For the use of the Platform, the User must use the User code and password that he/she chooses at the time of registration as a User. The User agrees not to disclose his/her account information or keys to third parties. The User is solely responsible for maintaining the confidentiality and security of his/her account, of all activities that occur through his/her account, and agrees to immediately notify MUVING of any security breaches in his/her account. MUVING shall not be liable for any loss arising from unauthorized use of your account.
Registration will be deemed complete when the User receives confirmation from MUVING (by email or SMS). Upon completion of registration, Customer may use the Vehicles that are available and will receive the Terms and Conditions of Service accepted on electronic media.
The User may unsubscribe from the Platform at any time, using the option enabled for that purpose in help.muving.com or by means ofa written communication to MUVING to the following address firstname.lastname@example.org, indicating youremail,accompanying your request for proof of identity.
In addition, MUVING may not accept such registration where there is a dispute or dispute pending resolution between the parties or where such dispute has been resolved with recognition of the User’s fault or negligence and/or causing a MUVING,its collaborators and associates, or its Users, customers or potential customers.
MUVING offers the User the possibility to:
Know the company and its work philosophy;
register on the Platform to make use of specific services;toLquilarmopeds (category L1) and electric motorcycles (category L3)(hereinafter, the”Vehicle”or the“Vehicles”),for a specified period of time (pay-as-you-go) in accordance with the User’s location and the availability of vehicles;
(c)to provide all requirements and documentation necessary for the use of Vehicles;
tocede to the Platform’s FAQarea;
toreach out to customer service personnel for the resolution of any type of incident or consultation related to the services provided;
togive in to our corporate social profiles;
tomake inquiries via email, phone.
6.- INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
MUVING owns or, where applicable, has the corresponding licenses on the rights of exploitation of intellectual and industrial property of the Platform, as well as all the content offered therein, including, among others, the Platformitself,texts, photographs or illustrations, logos, brands, graphics, designs, interfaces, or any other information or content available through it.
The User may not or may make use of registered trademarksor trade names, or other distinctive signs, such as the MUVING ®trademark, whether owned by MUVING or third parties, without the consent of MUVING or its legitimate holders. At no time, unless expressly stated otherwise, access to or use of the Platform or its contents confers any right on the distinctive signs included therein.
MUVING reserves all intellectual and industrial property rights in the contents of the Platform. In addition, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the content included in the Platform for public purposes or if there is no prior, express written authorization from MUVING or, where applicable, the owner of the corresponding rights.
It is also prohibited to delete or manipulate copyright indications or other credits that identify the right holders of the contents of the Platform,as well as technical protection devices, fingerprints, or any protection mechanism or information incorporated into them. Similarly, it is not permitted to extract any information from the Platform by means of any programming technique.
Any content posted on the Platform must respect the image, intellectual and industrial rights that may exist on them, so the User will be solely responsible for any damage sahede and/or liability that may be for an infringement of those rights. Likewise, by publishing content on the Platform you authorize us to reproduce, distribute, transform and public communication, worldwide and with the power of transfer to third parties.
The User must immediately notify and inform MUVING of the existence of any illegal, illegal, anti-law content or that could constitute an infringement of intellectual and/or industrial property rights to be aware, so that MUVING can take appropriate action; communication to be directed through the platform in help.muving.com.
Likewise, in the event that any Usuario or a third party considers that any of the contents of the Platform infringes its intellectual and/or industrial property rights, as well as any other rights, you must send a communication through help.muving.com with the following information:
Identification data and means of contact of the claimant or his/her legal representative.
Documentation proving your status as the holder of the rights allegedly infringed.
Detailed account of the rights allegedly infringed by MUVING,as well as their exact location within the
Express statement by the complainant that the use of the contents has been made without the consent of the owner of the rights allegedly infringed.
7.- USER’S OBLIGATIONS AND LIABILITY
The User must also: (i) provide all means and technical requirements required to access the Platform and make use of the services available through it; and (ii) provide truthful information by filling in with your personal data the forms contained in the Platform and keeping them updated at all times in a way that responds, at all times, to the real situation of the User. The User shall be solely responsible for any false or inaccurate statements made and for the damages caused to MUVING by the information provided.
The User must also refrain from:
Access or attempt to access resources or restricted areas of thePlatform,without meeting the conditions required for such access.
Cause damage to the physical or logical systems of thePlatform,its suppliers or third parties.
Introduce or disseminate computer viruses or any other physical or logical system that is likely to cause damage to the physical or logical systems of MUVING or third parties.
Attempt to access, use and/or manipulate the data of MUVING and other Users. Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless the authorization of the owner of the corresponding rights is available or this results legally permitted.
Delete, hide or manipulate notes on intellectual or industrial property rights and other data identifying the rights of MUVING or third parties incorporated into the contents, as well as technical protection devices or any mechanism information that can be inserted into the contents.
Obtain or attempt to obtain the contents using means or procedures other than those, as the case may be, that have been made available for this purpose or have been expressly indicated on the websites where the contents are located or, in general, of commonly used on the Internet, so as not to pose a risk of damage or disabler of the Platform and/or the contents.
In particular, and by way of indication and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, content or files of any kind and, in general, all kinds of material that:
In any way, whether contrary, disparaging or contrary to constitutionally recognized fundamental rights and public freedoms, in the International Treaties and in the rest of the legislation in force.
Induce, incite or promote (i) criminal, denigrating, defamatory, violent or, in general, contrary to the law, morality, generally accepted good customs or public order or (ii) induce, incite or promote actions, attitudes or discriminatory thoughts based on sex, race, religion, belief, age or condition.
Incorporate, make available or allow access to products, elements, messages and / or services criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order.
Induce or may induce an unacceptable state of anxiety or fear
Induce or incite to engage in practices that are dangerous, risky, or harmful to mental health and balance.
It is protected by the intellectual or industrial property legislation belonging to MUVING, without having been authorized the intended use.
It is contrary to honor, personal and family intimacy or the self-image of people.
It constitutes any type of advertising not consented to.
Include any type of virus or program that prevents the normal operation of the Platform.
Failure to comply with any of the above prohibitions by the User will mean that the User is solely responsible for any claim that occurs as a result thereof. Even if no claim from a third party has occurred, MUVING reserves the right to prevent such User from accessing the Platform.
In addition, we ask Users, in the event that any information or content is observed or found on the Platform that may not be appropriate or contrary to current regulations and/or the Platform’s own conditions, put such circumstance mUVING’s immediate knowledge through the different means arranged forit.
8.1. LINKS TO OTHER WEBSITES
In the event that the Platform show links to web pages through different buttons, links, banners, etc., MUVING informs you that these are directly managed by third parties, not being able to control or approve all information, contents, products or services provided on other platforms to which links can be established from the Platform. Accordingly, MUVING will not assume any responsibility for any aspect related to any of these platforms or web pages, such as their operation, access, data, information, files, quality and reliability of their products and services, their own links and/or any of their contents, in general.
In this sense, if you become aware that the activities carried out through these third-party websites are illegal or contravene morality and/or public order, you must immediately notify MUVING so that you can proceed to disable the link to the same ones.
In any case, these links will not imply that there is any kind of relationship, collaboration or dependence between MUVING and the person responsible for the third party’s application or website.
8.2. LINKS IN OTHER SOCIAL PLATFORMS AND NETWORKS
MUVING will be able to make available, through different tools and applications, means of link that allow you to access the channels and pages on the Platform that MUVING maintains on different platforms and social networks belonging and / or managed by third parties (e.g. Facebook, Twitter, Pinterest, Google+, etc.). The inclusion of these links on the Platform is intended solely to facilitate the User access to such channels on the different platforms and social networks.
The establishment of these links does not imply the existence of any relationship between MUVING and the owner, manufacturer or distributor of the linked platform, nor the acceptance and approval by MUVING of its contents and / or services, being its owner, manufacturer or distributor solely responsible for them.
The activation and use of these links may involve identification and authentication as a user (login/password) on the corresponding platforms, completely external to the Platform and outside the control of MUVING. When accessing such external networks, you enter an environment not controlled by MUVING, so MUVING will not assume any responsibility for the security configuration of such environments.
Since MUVING has no control over the content hosted on such channels, social networks and/or platforms, the User acknowledges and accepts that MUVING assumes no responsibility for the content or services that can be accessed through the content, products, services, advertising, or any other material available on such channels, social networks and/or platforms. For this reason, the User must exercise extreme caution in the assessment and use of the information, content and services existing in the channels, social networks and / or linked platforms, and about the own or third-party information that you want to share in the Same.
8.3. LINKS ON OTHER WEBSITES WITH DESTINATION TO THE PLATFORM.
MUVING does not authorize the establishment of a link to the Platform from those websites that contain illegal, illegal, degrading, obscene and, in general, contrary to laws, morals or public order, or generally accepted social norms.
In any case, links to the Platform may be established on other websites, provided that they comply with the following conditions:
the link may not reproduce the content of the Platform or parts thereof in any way;
it is not permitted to create a browser or border environment on the sections of the Platform, nor may the Platform be modified in any way;
it is not permitted to make false, inaccurate or incorrect statements or indications about the Platform and/or, in particular, to state or imply that MUVING has authorized the link or that it has supervised or assumed in any way the contents or services offered or made available on the website on which such link is established;
the website on which the link to the Platform is established will not contain illegal information or content, contrary to morals and generally accepted good customs and public order, nor will it contain content contrary to any content third party rights, including intellectual and industrial property rights and/or the right to honor, personal or family privacy or self-image or any other right, or content contrary to the data protection rules of Personal.
MUVING has no 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 Platform.MUVINGassumes no responsibility for any aspect relating to the website that establishes that link to the Platform, in particular, by way of example and without tax, on 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.
9.- LIMITATION OF LIABILITY
MUVING will be responsible for ensuring, unless caused by force majeure, the proper functioning of the Platform, avoiding technical inconvenience, maintenance work during business hours, and any other actions that may limit and/ or partially interrupt the possibilities of users’ use of the same.
MUVING does not guarantee continued access, nor the correct display, download or usefulness of the elements and information contained in the pages linked to the Platform, and that may be prevented, hindered or interrupted by factors or circumstances that are out of your control. MUVING is not responsible for the decisions that may be taken as a result of access to the contents or information offered through such linked sites.
In particular, it shall not be liable for any damages that may arise, inter alia, from:
Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, motivated by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond MUVING’s control;
Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other;
Abuse or improper abuse of the Platform;
Security or browsing errors caused by a malfunction of the browser or the use of outdated versions of the same;
MUVING excludes any liability for damages of any kind that may be due to the misuse of the services freely available and use by the Users of the Platform. MUVING is also exempt from any liability for content and information that may be received as a result of unlawful or incorrect use of such services.
10.- MUVING INDEMNITY
The User will defend, indemnify and hold MUVING harmless against any damages arising from claims, actions or demands of third parties as a result of their use of the Platform. In addition, the User agrees to indemnify MUVING against any damages arising from its use of “robots”, “spiders”, “crawlers” or similar tools used in order to collect or extract data or any other action on its part imposing an unreasonable burden on the operation of the Platform.
Access to the services or content provided through the Platform will be under the sole responsibility of The Users. In the case of minors or incapable persons, the responsibility will be borne by their parents, representatives or legal guardians, who must accompany, supervise or take appropriate precautions while browsing the Platform.
If you negligently or willfully breach any of the obligations set out in the Terms ofUse, youwill be liable for all damages that may arise from such breach for MUVING.
11.- CHANGE OF CONTROL
In the event that MUVING is acquired or merged with a third party, MUVING reserves the right to assign its contractual position, as well as all personal data collected from Users as part of the merger, acquisition, sale or any other change of control.
12.-INTERNATIONAL USE AND LANGUAGE
The use of the Platform by Users in a country other than Spain will be under their responsibility. Only the User is responsible for complying with the laws of the countries from which he/she accesses the Platform.
14.- CUSTOMER SERVICE.
MUVING, as responsible for the Platform, makes available to Users a customer service in which due attention will be offered to all their queries, complaints and suggestions in relation to the service offered through the Platform.
Customerservice will be accessible through the following means of contact:
Phone: +34 911 985 555
Contact form: help.muving.com
Live Communication Chat: help.muving.com
Customer Service will be available from Monday to Sunday, from 07:00 to 23:00 hours (GMT +01:00).
Our customer service will respond to complaints or inquiries received as soon as possible, which will in no case exceed the period of one (1) month from the date on which the complaint or inquiry was filed.
If you haveany ofthe above circumstances, please notify us immediately through the followingoptions: Website: help.muving.com, C Electronic orreo: email@example.com, Telecphone: +34 911 985 555 or through the live communication channel that MUVING makes availableUser;in order for thatwe canreviewsaidcontent and, where appropriate,we canproceed to its withdrawal or disablingin the shortest possible time.
Likewise, if you fail to comply with these Terms ofUse,MUVING may suspend or cancel your conditionautomatically and withoutprior notice, and in no case will such suspension or cancellation grant you the right to compensation. For this purpose, MUVING informs you that it will be able to inform you and collaborate in a timely manner with the competent police and judicial authorities if it detects any violation of the current legislation or if it suspects the commission of some crime.
16.- APPLICABLE LAW AND JURISDICTION
The relationship between MUVING and the User will be governed by the Spanish regulations in force, and any dispute will be submitted to the Courts and Tribunals of Madrid capital, expressly waiving any other jurisdiction. MUVING will pursue the breach of these Terms ofUse,as well as any misuse of the Platform by exercising all civil and criminal actions that may correspond to it and attend it in law.
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