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TERMS OF USE

muving » TERMS OF USE

TERMS OF USE

1.-IDISDENTIFICATION
 
  • Holder: SHARING MUVING, S.L.U. (hereinafter, MUVING”)
  • NIF:B-72327000
  • 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
  • Email: sharing@muving.com
2.- TERMS OF USE
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.
Access to the Platform or its use in any form grants itthe user rating (hereinafter, the “User”) and impliesthe unreserved acceptance of the Terms of Use, reserving MUVING the right to modify them at any time . Consequently, it will be the responsibility of any User to carefully read the current Terms of Use; in case of disagreement with any of the points set forth herein, you must refrain from using it.
In order that the use of the Platform conforms to criteria of transparency, clarity and simplicity, MUVING informs the User that any suggestion, doubt or query about the Terms of Use be directed to MUVING by telephone +34 911 985 555 or the sharing@muving.com email  address.
MUVING provides the content and services that are available on the Platform, subject to these Terms of Use, as well as the General Conditions and Privacy Policy.
In addition, the User is advised that, on occasion, Special Conditions may be established for the use on the Platform of specific content and / orservices,these Particular Conditions will be shown duly on the Platform.TheseCripplesP may replace, supplement or, where appropriate, modify the terms of the Terms of Use. In case of contradiction, joint Ponditions shallprevail.The use of such content or services will imply acceptance of the Particular Conditions specified in them.
3.- ACCESS, REGISTRATION AND LOW ON THE PLATFORM
3.1. ACCESS
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 .
In order to use the Platform it will be necessary to register and start the corresponding session in it, for which you must accept these Terms ofUse,the General Conditions and the Privacy Policy. Otherwise, you can only browse the Platform without being able to use most of the functionalities offered by the platform.
The access and use of the Platform implies the acceptance and compliance by the User of the complete content of these Terms of Use, as well as the instructions or recommendationsthat areindicated in each specific case to platform.
The User must be over eighteen (18) years of age and have sufficient capacity to acquire the obligations arising from his/her actions through the Platform, as well as having previously read and understood these Terms of Use.Access to the Platform is therefore strictly prohibited to minors.
MUVING shall beempoweredor to monitor all applications for registration and, under that right, may refuse registration and/or access to the Platform, as well as the services and functionalities offered through it, to the effect of ensuring that the User meets the necessary requirements for the use of the services provided through the Platform, or if the Terms of Use and applicable regulations are violated, and/or improper use of them is made.
3.2. REGISTRATION
Registration with MUVING implies that the User agrees to provide truthful, up-to-date, accurate and complete information about himself, as requested in the registration form, and undertakes to keep such information up to date if it changes. The User undertakes to defend and hold MUVING harmless from any claim, loss, penalty or fine resulting from the breach of the obligations described in this section. Any information provided by the User during the registration process, including but not limited to personally identifiable information, will be used by MUVING in accordance with the Privacy Policy and Cookies Policy.
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.
To modify, rectify or cancel any of the personal data provided to MUVING you must follow the procedure to exercise your rights, in accordance with the provisions of the Privacy Policy.
3.3. LOW
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 baja@muving.com, indicating youremail,accompanying your request for proof of identity.
In any case, the User may request a new registration, and MUVING may not accept such registration when it is not complied with the provisions of the Terms of Use and / or the applicable regulations.
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.
Once the Account has been deactivated, some of the data provided by the User may continue to be processed by MUVING in accordance with the Platform’s Privacy Policy.
On the other hand, in the event that a User fails to comply with any of the stipulations contained in the Terms of Use and/or the applicable regulations, MUVING shall be entitled to suspend or cancel the profile of the said User automatically and without notice, and in no event shall such suspension or cancellation entitle any compensation. For this purpose, MUVING may inform and cooperate 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 any crime.
4.- SERVICES
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;
  • conocer the conditions through the Terms of Use oftheContract;
  • 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.
 
5.- PRIVACY POLICY
In accordance with the provisions of the data protection regulations, all personal data provided during the use of the Platform will be treated in accordance with the provisions of the Privacy Policy of the Platform, which must be expressly accepted in order to use and register on the Platform.
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 access and use of the Platform, as well as the use or contracting of the services offered through it,does not imply a waiver, transmission, license or total or partial transfer of these rights byMUVING. By accessing the Platform, theUser acquires a right of use over thecontents,services and/or functionalities of the Platform,during the useof the same, and solely for the purpose of enjoying the services of the service in accordance with these Terms of Use.
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 agrees that he/she may not use the Platform in violation of the provisions of these Terms of Use. The User is responsible for its use of the Platform. In addition, the User must comply with any other obligations set forth in the applicable legislation.
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:
  • Make unauthorized or fraudulent use of thePlatform and/or the contents with unlawful effects, prohibited in these Terms of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, impair or prevent the normal use of services or documents, files and all kinds of content stored on any computer equipment.
  • 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.
MUVING does not control the content published by The Users of the Platform and assumes no responsibility for such content. However, MUVING reserves the right to monitor and/or moderate any content posted on the Platform that violates these Terms of Use or Privacy Policy, as well as to edit or delete it.
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.- LINKS
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.
In no case does MUVING share with Facebook, Twitter or any other social network that incorporates in the future, any private information about its Users, its sole purpose being that established in these Terms of Use, as well as in the Policy of Platform Privacy. In this sense, all the information provided to these platforms will be under the responsibility of the User himself, not intervening MUVING in such process.
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.
MUVING may discontinue the service or immediately terminate the relationship with the User if it detects that a use of the Platform – or any of the services offered on it – is contrary to these Terms of Use. MUVING is not responsible for damages, losses, claims or expenses arising from the use of the Plataforma.It will only be responsible for removing, as soon as possible, the contents that may generate such damages, provided that this is notified.
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.
The third party must comply with the requirements established by MUVING in its Terms of Use,General Conditions and its Privacy and Cookies Policy.
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.
This Legal Notice and the Terms of Use are written in Spanish. If you translate these texts through an online translator, the User declares to know and accept that the Spanish version will always prevail in the event that there may be contradictions between the different versions, and that these conditions are subject to the Spanish legislation.
13.- MODIFICATION OF THE TERMS OF USE
 
MUVING reserves the right to modify, at any time and in our sole discretion, the terms of these Terms of Use. When this happens, a notice will be included on the Platform indicating and informing Users that modifications have been made; and the User will be properly informed.
Access to and use of the Platform following the entry into force of the modifications or changes to these Terms of Use implies its full and unreserved acceptance.
 
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
  • Email: help@muving.com
  • WebAddress: help.muving.com
  • 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.
Likewise, MUVING makes available to users different channelis communication through which you can contact MUVING in order to put in place our knowledge of the existence of content deemed to be contrary to thelaw,these Terms of Use and/orvulnerAndn the legitimate rights of third parties.
If you haveany ofthe above circumstances, please notify us immediately through the followingoptions: Website: help.muving.com, C Electronic orreo: help@muving.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, the User may use the communication channels set out above in the event that he/she wishes to ask any other questions related to the Platform, its Terms of Use and/or our Privacy Policy.
 
15.-GENERAL
 
The headings of the various clauses are for informational purposes only, and will not affect, qualify or extend the interpretation of these Terms of Use. In addition, MUVING may modify the terms and conditions set forth herein, in whole or in part, by posting any changes in the same way as these Terms of Use appear or through any type of addressed to Users.
The temporary validity of these Terms of Use therefore coincides with the time of its exposure, until it is modified in whole or in part, at which time the modified Terms of Use will become effective.
MUVING may terminate, suspend or discontinue, at any time and without prior notice, access to the contents of the Platform, without the possibility of Users to demand any compensation. After such termination, the prohibitions on the use of the contents set out above in these Terms of Use will remain in force
If any clause included in the Terms of Use is declared wholly or partially void or ineffective, such nullity or ineffectiveness will only affect that provision or the part thereof that is null or void, subsisting on the Terms of Use in all other, considering such provision in whole or in part not included.
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.
MUVING’s non-exercise or enforcement of any right or provision contained in these Terms of Use shall not constitute a waiver thereof, unless acknowledged and agreed in writing by you.
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.
 
 
 
Last updated: June28, 2019.