CONDITIONS OF USE
- Company name: Smart Dreams Factory, S. L. (hereinafter, “Yudonpay”)
- Registered office: Gta. de Quevedo 5, Interior 1º Derecha, 28015 – Madrid (Spain)
- Tax identification number: B-87541652
- Public Registry: Tomo 34666 Libro 0, Folio 10; Sección 8, Hoja: M623540 Inscripción or notation: 1 | Date: 21/04/2016
- E-mail: email@example.com
Any access, navigation and use of the App Yudonpay implies the express and unreserved acceptance of all the terms of these Conditions, having the same validity and effectiveness as any contract entered into in writing and signed.
Your observance and compliance will be enforceable against any user, or anyone accessing, browsing, or using the App.
If you do not agree with the terms above, do not access, browse or use the App.
Notwithstanding the foregoing, access to certain contents and the use of certain services may be subject to certain specific conditions, which will in any case be clearly displayed and must be expressly accepted by users.
Yudonpay reserves the right to modify the terms and conditions herein, in whole or in part, by publishing any changes in the same form in which these Terms have been made available to the user or through any type of communication.
Similarly, we inform users of their rights and obligations in relation to the content displayed on the App such as logos and trademarks, as well as of the responsibilities that may arise from the use of the service.
For the purposes of interpreting this document, we understand that a person becomes a user at the time they accept the Conditions set out in the App, simply by visiting it.
To start using the App, the user must complete the registration form in the Yudonpay App and comply with the obligations arising from it. Yudonpay will be free to refuse the registration at its sole discretion. If Yudonpay accepts the request, it will send you an express notification of its acceptance.
Any matter not expressly provided in these Conditions shall be deemed reserved to Yudonpay, regardless of any applicable provision in the current legal regulations.
All the hiring process will be carried out in English language. However, in case of contradiction between what is expressed in the Spanish version of the Conditions of Use and what is expressed in this translation, the provisions of the Spanish version shall prevail.
II. APP USAGE RULES
Access or use of the App for illegal or unauthorised purposes, with or without profit, is not allowed and, therefore, its consequences will be the sole responsibility of the user. In particular, and without the following list being exhaustive, it is prohibited:
- To use the App in any way that could cause damage, interruption, inefficiency or defect in its operation or in the computer equipment of a third party;
- To use the App to transmit, install, or publish any viruses, malicious code, or other harmful programs or files;
- To use the App illegally, against good faith, morals or public order or against the contractual spirit of the Conditions;
- Register through the App with a false identity, impersonating a third party, or performing any other action that may mislead other users as to the user’s identity;
- Access without authorisation to any section of the App, to other systems or networks connected to the App, to the servers used by Yudonpay, or to the services offered through the App, by means of hacking or forgery, identity theft, password extraction or any other illegitimate means;
- Violate, or attempt to violate, the security or authentication measures of the App or any network connected to it, or the security or protection measures inherent to the content offered in the App;
- Take any action that causes disproportionate or unnecessary saturation of the App infrastructure or Yudonpay systems or networks, as well as systems and networks connected to the App;
- To prevent the normal development of an event, contest, promotion or any other activity available through the App or any of its functionalities, either by altering or trying to alter, illegally or in any other way, the access, participation or functioning of the former, or by falsifying the result thereof and/or by using fraudulent participation methods, by means of any procedure, and/or by means of any practice that violates or attempts to violate these Conditions.
Breach by the user of any of the obligations above may lead to the adoption by Yudonpay of any measure permitted by law leading to the removal or blocking of the account of the offending user, without any possibility of compensation for the damages caused.
III. ACCESS AND REGISTRATION
Access to the contents of the App is completely free of charge, regardless of the fact that there may be particular sections or services that require the payment of an economic amount for their use and enjoyment, of which in any case the user will be duly informed and must expressly accept in order to be able to enjoy them.
Under no circumstances will Yudonpay be responsible for the truthfulness of the registration data provided by the user, who will be the sole responsible for the possible consequences, errors and failures that could result from the lack of quality of the data.
In the same way, the registered user assumes that every account is personal and non-transferable, being able to register in the App both natural and legal persons, whether corporations or other entities.
The password, personal and non-transferable, must be generated by the user according to the rules of robustness and complexity established Yudonpay. The password created by the user is valid for an unlimited period of time.
However, Yudonpay has the necessary functionalities to allow user, by notifying Yudonpay beforehand, to change his/her password when he/she considers it appropriate, for example, because he/she suspects or notices that the confidentiality of the password has been broken.
By virtue of the foregoing, it is the user’s obligation to immediately notify Yudonpay of any fact that allows the improper use of identifiers and/or passwords, such as theft, loss, or unauthorised access to them, in order to proceed to their immediate cancellation. As long as such facts are not communicated, Yudonpay will be exempted from any responsibility that could derive from the improper use of identifiers or passwords by unauthorised third parties.
IV. OPERATION OF YUDONPAY
Yudonpay offers the user a platform that allows centralising the use and management of the user’s loyalty cards, allowing both the user to have a card holder and the user to connect each of the loyalty cards to the online platforms of the entities that own the loyalty cards and/or loyalty clubs, thus allowing them to manage their points and/or visualise and exchange them for prizes and/or promotions, accessing their accumulated balance and informing and keeping them updated, through the App, of all the offers and promotions of the entities or clubs to which they are subscribed. Yudonpay will also be able to inform you of these offers and promotions of third parties through your email, when you have given your consent.
Likewise, if the user provides or completes all the information in his/her profile, he/she may enjoy exclusive promotions and monthly Yudonpay raffles and/or the entities or clubs in which the user was subscribed, as well as additional functionalities that will allow him/her to have a better service.
In order to provide the service, by accepting these terms and conditions, the user requests Yudonpay, on his or her behalf and using the access credentials provided by the user, to access the private area of each of the services associated with the loyalty cards, for the sole and exclusive purpose of displaying information regarding the accumulated points of each associated loyalty card and the promotions, gifts and/or establishments in which the points may be used, without Yudonpay being authorised under any circumstances to carry out actions related to the management of the user’s accounts.
Yudonpay limits itself solely and exclusively to reflect the data of the aggregated user account, without modifying them and without checking their correctness. In this sense, and while Yudonpay accesses the online services of the proprietary platforms of the loyalty cards in the name and on behalf of the user, the user assumes the responsibilities derived from the possible non-compliance that this action may entail with the conditions associated with each platform of the persons responsible for the loyalty cards.
Therefore, in the event that the user needs to request specific information concerning his or her accounts associated with loyalty cards, he or she must address the entities that own these accounts directly through the means set up for this purpose.
Similarly, the user expressly acknowledges that he or she is the legitimate holder of the access credentials provided through Yudonpay, assuming the responsibilities arising from the breach of this obligation.
You can also use the location of the device to obtain customised notifications through the App and commercial communications.
V. ” 1Click REGISTRATION” SERVICE:
In addition to the general services offered by Yudonpay, Yudonpay makes available to the user the 1Click Registration service, which will allow the user to register in the entities or loyalty clubs he deems appropriate without having to fill out or complete a registration form for each club in question.
To provide this service, the user must have completed all his/her personal data in his/her “1Click Profile”, follow the steps indicated by Yudonpay, and expressly authorise Yudonpay to proceed with the registration in each entity or club requested, and must expressly accept the legal and privacy conditions of the club in question.
The authorisation to Yudonpay to carry out such management in each case will imply that you give your express consent for Yudonpay to process your personal data for the purpose of completing, in the name and on behalf of the user, the registration forms of the club or entity requested.
Yudonpay will only register you in those clubs or entities previously and expressly requested by you.
Please note that Yudonpay will not verify the lawfulness of the registration and privacy conditions of each club or entity owning loyalty cards, so is not responsible for such content.
Yudonpay is, in any case, a mere intermediary between the user and the club or entity that, at the prior and express request of the user, proceeds to process the user’s registration in the corresponding club. However, Yudonpay is not responsible for the conditions accepted by the user, nor for the consequences or problems that may arise from the contractual relationship between the user and the club or entity, of which Yudonpay is a stranger.
Yudonpay is not responsible for possible losses, deterioration, delays or any other circumstance that could affect the participation and development of the promotions organised by the entities owning the loyalty cards, since Yudonpay only makes available the channel that facilitates such promotions.
The entities owning the loyalty cards reserve the right to suspend, postpone, cancel or modify the duration of promotions at any time prior to their termination, under certain circumstances which will be published on the site of the entities owning the loyalty cards, as well as in any other communication channels through which the promotions are made known.
Likewise, the entities that own the loyalty cards reserve the right to take the measures they deem appropriate if they detect that any of the users has committed any action that could be considered fraudulent, abusive and/or detrimental to the correct development of the promotion.
VII INTELLECTUAL PROPERTY RIGHTS
References to registered trademarks or trade names, or other distinctive signs, whether owned by Yudonpay or third parties prohibit their use without the consent of Yudonpay or its legitimate owners. At no time, unless expressly stated to the contrary, will access to, browsing on or use of the App and/or its contents confer on the user any right over the distinctive signs included therein.
In no case will access, browsing and use of the App by the user imply a renunciation, transmission, license or total or partial cession by Yudonpay of intellectual property rights or any other type of property rights. The user has the right to use the contents and/or services of the App within a strictly domestic scope and solely for the purpose of enjoying the benefits of the service in accordance with these Conditions.
The user expressly accepts that, once a loyalty card has been added to Yudonpay, the system will automatically associate the image and logos of the brand owned by the loyalty card to the card effectively added, recognising, in such a case, that it has the appropriate authorisations from the legitimate cardholders, as well as assuming the responsibilities that may arise from this action.
All intellectual property rights over the contents and/or services of the App are reserved and, in particular, it is forbidden to modify, copy, reproduce, communicate to the public, transform or distribute, by any means and in any form, all or part of the contents included in the App, for public or commercial purposes, without the prior, express written authorisation of Yudonpay or, where applicable, of the holder of the corresponding rights.
Likewise, it is forbidden to remove or manipulate the copyright or other credit indications that identify the owners of the rights of the contents that the user finds in the App, as well as the technical protection devices, fingerprints, or any protection mechanism or information incorporated into the contents offered in the App.
In the event that the user sends information of any kind to Yudonpay through any of the channels set up for this purpose, the user declares, guarantees and accepts that he/she has the right to do so freely, that said information does not infringe any intellectual or trade secret rights or any other rights of third parties, and that said information is not confidential or harmful to third parties.
The user acknowledges assuming liability, leaving Yudonpay unharmed by any communication provided personally or in its name, reaching such liability without restriction of any accuracy, legality, originality and ownership thereof.
Should the user or any third party become aware of the existence of any unlawful or illegal content, contrary to the law or which may involve an infringement of intellectual property rights, they must immediately notify Yudonpay via the e-mail address firstname.lastname@example.org so that it may take the appropriate measures.
- Identifying data and means of contact of the claimant or its legal representative.
- Documentation accrediting your status as holder of the rights allegedly infringed.
- Detailed account of the rights allegedly infringed by Yudonpay, as well as their exact location within the App.
- Express declaration by the claimant that the use of the contents has been made without the consent of the owner of the rights allegedly infringed.
VIII. LINKS TO OTHER WEBSITES
In the event that the App shows links to other websites through different buttons, links, banners or embedded content, Yudonpay informs that these are directly managed by third parties, hence Yudonpay does not have human or technical means to know in advance and/or control and/or approve all information, content, products or services provided by other platforms to which links can be established from the App.
Consequently, Yudonpay cannot assume any type of liability for any aspect related to the platform or web site to which a link could be established from the App, specifically, but not limited to, 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 sense, 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 inform Yudonpay in order to disable the access link to them, an action that will be carried out in the shortest possible time.
In any case, the establishment of any type of link from the App to another website does not imply that there is any relationship, collaboration or dependence between Yudonpay and the person responsible for that other website.
IX. LINKS TO YUDONPAY ON OTHER PLATFORMS AND SOCIAL NETWORKS
Yudonpay makes available to users, through different tools and applications, means of link that allow users to access the channels and pages of the App that Yudonpay maintains on different platforms and social networks owned and/or managed by third parties (e.g. Facebook, Twitter, Pinterest, Google+, etc.). The only purpose for including these links in the App is to make it easier for users to access these channels on the different platforms and social networks.
The establishment of these applications does not imply the existence of any relationship between Yudonpay and the owner, manufacturer or distributor of the linked platform, nor the acceptance or approval by Yudonpay of its content and/or services, being its owner, manufacturer or distributor the only liable for them.
Under no circumstances does Yudonpay share with Facebook, Twitter or any other social media any type of private information about its users. In this sense, all the information that the user himself wishes to provide to these platforms will be under his own responsibility, and Yudonpay shall not intervene in that process.
The activation and use of these applications may involve user identification and authentication (log-in/password) on the corresponding platforms, completely external to the App and beyond the control of Yudonpay. By accessing such external networks, the user enters an environment not controlled by Yudonpay, so Yudonpay assumes no responsibility for the security settings of such environments.
Since Yudonpay has no control over the content hosted on such channels, you acknowledge and agree that Yudonpay assumes no responsibility or liability whatsoever for the content or services to which you may access on such pages, or for any content, products, services, advertising, or other material available on such pages. For this reason, the user must be extremely cautious in the assessment and use of the information, content and services existing in the linked channels, and about the information of himself or of third parties that he/she wishes to share in these channels.
X. RESPONSIBILITIES AND GUARANTEES
Yudonpay cannot guarantee the reliability, usefulness or truthfulness of absolutely all the information and/or services of the App, nor the usefulness or truthfulness of the documentation made available through it.
Consequently, Yudonpay shall not be liable for: (i) the continuity of the contents of the App; (ii) the absence of errors in said contents; (iii) the absence of viruses and/or other harmful components in the App or in the server that hosts it; (iv) the invulnerability of the App and/or the impossibility of violating the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the App; and (vi) the damages caused, to itself or to a third party, by any person who violates the conditions, rules and instructions that Yudonpay establishes in the App or through the violation of the security systems of the App.
However, Yudonpay declares that it has taken all necessary measures, within its capabilities and the state of the art, to ensure the operation of the App and to minimise system errors, both technically and in the content published in the App.
Yudonpay does not guarantee the legality, reliability and usefulness of the contents provided by third parties through the App. Should the user become aware of the existence of any unlawful or illegal content, contrary to the law or which may infringe the rights of third parties, he/she must immediately notify Yudonpay so that Yudonpay may take appropriate measures.
Yudonpay is not responsible for the truthfulness, completeness or updating of the information published in the App from sources outside the App, nor for those contained in other platforms to which it links from the App. Yudonpay shall not be liable for any hypothetical damages that may arise from the use of such information.
In any case, Yudonpay reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, browsing, use, hosting and/or downloading of content and/or use of App services, with or without prior notice, to users who contravene any of the provisions detailed in these Conditions, without the possibility of the user claiming any compensation for this cause.
Yudonpay shall not be liable for any other damages, direct or indirect, or losses suffered by the user or another person, including loss of profits, resulting from Yudonpay’s act, error or omission.
XI. APP SUSPENSION
Yudonpay is the holder of confidential information and trade secrets concerning its products and activities.
The obligation of confidentiality extends to all confidential information and processes, documents, businesses, customers, operations, installations, accounts, finances, transactions, know-how, or any other aspect related to Yudonpay’s activity, as well as any other aspect that has come to its knowledge in the course of the performance of the services covered by this Agreement. The users undertake not to communicate this information to any other person or entity and may not reproduce, use, sell, license, display, publish or disclose it in any way without the express permission of Yudonpay.
You acknowledge and agree that such confidential information will at all times be the property of Yudonpay and that, to the extent that you are granted access to use such confidential information in the performance and execution of this Agreement, you will only use such confidential information to the extent necessary and only for the purposes authorised by the Agreement itself.
Without Yudonpay’s prior written permission and unless authorised to do so by any express term of this Agreement, you may not transmit or disclose Confidential Information to any third party.
XIII. PERSONAL DETAILS
XIV. MODIFICATIONS TO THE CONDITIONS OF USE
The headings of the various clauses are for information purposes only and shall not affect, qualify or extend the interpretation of these Conditions. Yudonpay may also modify the Terms herein, in whole or in part, by posting any changes in the same manner in which these Terms appear or through any type of communication addressed to users.
The temporary validity of the present Conditions coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the modified Conditions will come into force.
Regardless of the provisions of the particular conditions that may be established, Yudonpay may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the App.
After such termination, the prohibitions on the use of the contents set out above in these Conditions shall remain in force.
Also, if you breach these Terms, Yudonpay may suspend or terminate your profile automatically and without notice, and in no event will such suspension or termination give you any right to compensation. To these effects, Yudonpay informs that it will be able to inform and collaborate opportunely with the competent police and judicial authorities if it detects any infraction of the effective legislation or if it had suspicion of the commission of some crime.
The contracting of any product and/or payment service offered by Yudonpay will be regulated by the general and/or specific conditions of each specific service provided for this purpose.
In the event of any discrepancy between the provisions of these Conditions and the particular conditions of each specific service of the App, the provisions of the latter shall prevail.
In the event that any provision of these Conditions is declared null and void or unenforceable, in whole or in part, by any court, tribunal or competent administrative body, such nullity or unenforceability shall not affect the remaining provisions of these Conditions.
Yudonpay’s failure to exercise or enforce any right or provision contained in these Terms shall not constitute a waiver of such right or provision, unless acknowledged and agreed to in writing by Yudonpay.
XV. APPLICABLE LAW AND JURISDICTION
Provided that the regulations in force to this effect provide the possibility for the parties to submit to a particular jurisdiction, for any dispute arising or related to this relationship the laws of the United Kingdom will apply, submitting the parties expressly and voluntarily to the Courts and Tribunals of Madrid city.
Last updated: 6 June 2019.