Terms of use & Conditions

Introduction

Connected Mobility Ventures, S.A., (hereinafter, “XMOBA”) is a Spanish entity, domiciled in Martorell (Barcelona), Autovía A-2, Km. 585, provided with C.I.F. A-67.140.582, duly registered in the Mercantile Registry of Barcelona in sheet number B- 513583 and whose contact e-mail address is hola@xmoba.io

XMOBA is the owner or licensee of the intellectual property rights or any other type of the Website [www.xmoba.io] (hereinafter, the “Website”).
These Terms of Use (the “Terms of Use”) govern your access to and use of the Website, including all content and services available on the Website. Any person accessing this Website shall be considered a user (hereinafter, the “User”) and expressly, automatically and voluntarily accepts the general conditions in force at the time he or she accesses it, as well as any specific conditions that may be applicable.

By means of the express acceptance of these Conditions of Use, the User declares:
That he has read, understands and understands what is stated here.
That he/she assumes all the obligations set forth herein.

In the event of not agreeing with all or part of these Terms of Use the User must refrain from using the Website.

Purpose and scope

The purpose of the Website is to offer Users an informative platform about the new mobility solutions offered by the company XMOBA as well as the new projects in which it is immersed, services, among other information of interest to users.

The use of the Website implies acceptance of and compliance with these Conditions of Use.

Intellectual and Industrial Property

All Intellectual and Industrial Property rights on the Website (including but not limited to its information, texts, data, graphics, designs, software, trademarks and other contents of the Website) are owned by XMOBA and/or its licensors. Therefore, its use, reproduction, transmission, transformation, distribution, or exploitation of the Website and / or its elements in any way by Users is forbidden.

Users must refrain in any case from deleting, altering, eluding or manipulating any protection device or security systems that may be installed on the Website.

Users recognise and accept that the use of the Website does not imply the transfer in their favour of any intellectual or industrial property rights, such as copyrights, trademarks, designs or other rights over the Website or any of its parts, except for the limited use license granted to Users for their use of the Website under the terms herein provided.

Third party links

These Terms of Use refer only to the XMOBA Website and its contents, and do not apply to links or third party websites accessible through the Website.

The destinations of such links are not under the control of XMOBA, so XMOBA is not responsible for the content of any linked web page, or any link included in a web page reached from the Website, or any changes or updates to such pages.

These links are provided exclusively to offer the User information on a specific subject, new projects, services as well as access to the contracting of the services in question, among others.

Modifications to the Terms of Use and the Website

XMOBA reserves the right to modify or update these Terms of Use at any time. The User will be expressly informed, within a reasonable period of time, about any change in the Conditions of Use of the Website in order to give their express acceptance.

In any case, XMOBA reserves the right to change the structure and design of the Website, and to modify, expand or remove content, services, among others, at any time and without notice.

The use of the Website, as well as access to the services offered through it, are free of charge, for personal and non-commercial use, except for possible additional functionalities. However, the services offered through the same may involve consumption of data. XMOBA is not responsible for the costs arising from the communication and sending of data or the Internet connection incurred by the User (for more information consult your operator).

Incorrect use

The User undertakes not to misuse the Website. In particular, the User undertakes not to carry out the following actions:

Activities contrary to the Law in force, to these Terms of Use, to morality, good customs or established public order, or for illicit, prohibited or harmful purposes of rights and interests of XMOBA or third parties. In particular, activities that infringe copyrights, names or trademarks, as well as privacy rights.

Use the Website or part of it on other private or commercial websites, as well as make commercial use of it; or establish hyperlinks or hyperlinks to the Website or to any of its contents (unless expressly authorised in writing by XMOBA).

Alter, copy, modify, decompile, disassemble, reverse engineer, license, lease, sell or imitate the Website or its contents.

Transmit a virus or other harmful component that harms, limits or damages the Website or any connected network or that interferes with the use and enjoyment of the same by other users.

In case of violation of these Terms of Use, the rights of third parties or applicable law and, in particular, the commitments stipulated in this clause. XMOBA shall retain all other additional rights that may correspond to the User, especially those relating to the initiation of criminal or civil proceedings.

Communications modes

For the purposes of these Terms of Use and for any communication that is necessary between XMOBA and the User, they should be addressed by email to hola@xmoba.io.

Notification of possible infringements

XMOBA respects the rights of third parties and the applicable legislation. The User of this Website is obliged to do the same.

If any User should detect any use of this Website in an offensive manner and/or for purposes contrary to current legislation, he/she must notify

XMOBA immediately by sending an e-mail to hola@xmoba.io.

Responsibilities

The User uses the Website at his/her own risk. By accessing it, the User undertakes to use it in accordance with the Law, being liable to XMOBA and/or third parties for any damage or harm that may be caused as a consequence of the breach of this obligation. In this sense, XMOBA is not responsible for any damage or alteration in the User’s equipment as a result of the use of the Website.

In any case, the User will be fully responsible for those data or contents that he transmits or communicates to XMOBA. XMOBA does not control or supervise any of the referred data or contents, unless so established by the competent court or an administrative decision, reserving the right to eliminate them or prevent their visualization until the ownership of the material in question or the legality of the same is demonstrated.

XMOBA cannot be held responsible for any consequence, damage or any damage that may arise from such access or use of information.
Likewise, XMOBA cannot be held responsible for errors or security damages that may occur in the user’s computer system (hardware and software) and/or the files or documents stored in it due to viruses present in the computer used to connect to the contents and services provided through the Website, due to a failure of the browser, a malfunction of the Internet, the use of obsolete versions of the browser or telephone breakdowns, interference, omissions or disconnections in the operation of the electronic system due to causes beyond XMOBA’s control.

The User who visits the Website is fully responsible for access to this Website and the use that may be made of the information contained therein.

The Website may contain links to other websites and incorporate information and/or services obtained from third parties, in order to facilitate the User’s access to the information of collaborating or sponsoring companies. XMOBA does not exercise any control over them and is not responsible for their content, operation or transmission received from such third parties. XMOBA offers the user such links and information and/or services solely for the convenience of the User, being the responsibility of the User to read and accept the terms of use and privacy policies published on the linked websites or applications.

The Website may contain advertising content or offers, the advertisers or providers being solely responsible for ensuring that the material submitted for inclusion in the Website complies with the laws that may be applicable in each case. XMOBA will not be responsible for any error, inaccuracy or irregularity that these contents may contain.

In addition, XMOBA does not control, in general, the use that Users make of the Website. In particular, XMOBA does not guarantee, under any circumstances, that Users will use the Website in accordance with the law, these Conditions of Use, morality, generally accepted good customs and public order, nor that they will do so in a diligent and prudent manner.

Consequently, XMOBA is not responsible for the use made by the User of the content of the Website that may involve a violation of any rule, national or international, intellectual or industrial property rights or any other rights of third parties.

XMOBA reserves the right to take appropriate legal action to defend its interests, and to suspend temporarily and without notice accessibility to the website for maintenance, repair, updating or improvement.

Privacy Policy

XMOBA and companies that process data in the name of and on behalf of XMOBA must protect your personal data and use it only when permitted by law or when you have given your consent. Further information regarding the processing of your personal data can be found in the Privacy Policy.

Cookie Policy and Similar Technologies

Users can find more information on this topic in the Cookie Policy.

Independence and integration of clauses

The unlawfulness, invalidity or ineffectiveness of any of the clauses of these Terms of Use shall not affect the effectiveness of the remainder, provided that the rights and obligations of the Parties deriving from the Terms of Use are not affected in an essential way. Essential means any situation that seriously damages the interests of any of the Parties, or that falls on the object itself of these Terms of Use. These clauses must be replaced or integrated with other clauses that, being in accordance with the law, respond to the purpose of the substituted ones. The Parties waive any claim for damages that may be requested for this circumstance.

Final provisions, applicable law and competent courts

The present Conditions of Use are governed by the common Spanish legislation.

Any controversy that may arise as a result of the use of the Website or these Conditions of Use shall be subject to the jurisdiction of the competent Courts and Tribunals of the city of Barcelona (Spain).

© XMOBA, S.A. 2018. Reproduction in whole or in part is not allowed. All rights reserved.