Legal Notice

Last updated: August 2024

Please carefully read these terms and conditions (the "Terms") before using our website (the "Website") or any of the materials therein (the “Materials”). 

By using the Website, clicking on the “accept” button, or otherwise indicating assent, You (as defined below) are agreeing to be bound by the Terms and affirming that you are of legal age to enter into this Terms. If you do not agree to the Terms, do not access, or use the Website.

For clarity purposes, the term “use” includes, but is not limited to, accessing, browsing or inputting information into the Website. Any reference to “you”, “You” or “Your”, means You as a user of the Website (“User”), and any reference to “we”, “We”, “us”, “Us” or “our” is to PagoNxt Trade Services, S.L. You and We mutually acknowledge sufficient legal capacity and competence for executing these Terms. 

1. INTRODUCTION

PagoNxt Trade Services, S.L. (“PagoNxt Payments”) is a Spanish company domiciled in Avda. de Cantabria s/n, Ciudad Grupo Santander, 28660, Boadilla del Monte (Madrid) and with tax identification number B-87959326.

PagoNxt Trade Services, S.L. is registered in the Corporate Registry of Madrid, volume 36500, sheet 204, page M-655666.PagoNxt Payments is the owner or licensee of all intellectual property rights and of any other type of rights on the Website.

The Privacy Policy in which we explain the terms under which We process personal data of Users is available here.  

2. PURPOSE AND SCOPE.

The Website contains general information of PagoNxt Payments and its subsidiaries and branches (hereinafter, the “Subsidiaries”). This Website is solely for informational purposes and does not constitute an offer to acquire any products or services. Therefore, these Terms are not intended to regulate any contractual aspects related to the provision by PagoNxt Payments or by any of its Subsidiaries of products or services and their objective is just to provide a legal framework for use and access to the Website.
 
3. USE OF THE WEBSITE
3.1. ACCESS TO THE WEBSITE

Your access to the Website do not require registration nor subscribing any Services. Nevertheless, You fully accept and commit to comply with the Terms and any instructions or recommendations made available from time to time on the Website.

3.2. LIMITATIONS OF USE

It is expressly forbidden to use or access the Website for illegal or non-authorised purposes. Obligations under this clause apply to all Users. In particular, the following actions are not allowed:

· make available through or in connection with the Website any materials that are defamatory, offensive or otherwise objectionable;
· post any virus that is potentially harmful or invasive or intended to damage the operation of, or to monitor the use of the Website;
· scrape, gather Website content, or circumvent the navigational structure or presentation of the Website, without our prior written consent;
· exploit the Website without our prior written consent;
· make alterations to the Website, or permit the Website or any part of it to be combined with, or become incorporated in, any other programs;
· disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website or attempt to do any such thing except solely to the extent that applicable law specifically prohibits such restrictions (such as under sec. 100.5 of the Spanish Copyright Act, provided that You shall first ask us to provide the necessary information, shall set a reasonable deadline for us to do so, and such deadline has passed without us having provided such information);
· provide or otherwise make available the Website (including object and source code) to a third party, without our prior written consent;
· create internet links to the Website or frame or mirror the Website, or host the Website on a server (including a website) or in any other manner;
· to the maximum extent permitted by applicable law, access or use the Website in order to build a competitive product or service;
·use the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms;
· infringe our intellectual property rights or those of any third party in relation to Your use of the Website (to the extent that such use is not licensed by these Terms);
· use the Website in a way that could damage or compromise our systems or security or interfere with other users of the Website.
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Failure to comply with any of the aforementioned obligations may entail the application of any measures that We deem necessary or merely convenient, without the obligation to compensate You for any damages which may arise as a result and regardless of the possible action for damages against You.

We expressly reserve the right to suspend, block, modify, restrict, or temporarily or permanently interrupt Your access, navigation and/or use of the Website, with or without prior notice, if We notice that You are infringing applicable legislation or for unforeseen risks derived from the use of the Website.
 
4.THIRD PARTY WEBSITES
4.1. LINK TO THIRD-PARTY WEBSITES
In the event that the Website displays hyperlinks to other websites by means of buttons, links, banners or embedded content, We inform You that, unless otherwise specified, these are managed and under the control of third parties. We have no control or means, whether technical or human, to monitor, control or approve the information, contents or services provided by other platforms or websites that may be linked to from our Website.

Consequently, We shall not be held liable for any aspect of the linked website, including, but not limited to, its performance, access, data, information, quality, reliability of the services, any links available in the website and/or any of its contents in general.

In any case, the establishment of any kind of hyperlink in the Website to another website does not imply any type of relationship, collaboration or dependency between Us and the owners of the third-party website.

4.2. LINKS TO THE WEBSITE FROM OTHER WEBSITES
We do not allow introducing links to the Website in websites that include content or information that is in any way illicit, degrading, or obscene, or that in general contravene the law, morality, public order or generally accepted social standards.

We have no control nor human or technical resources to access or approve the information, contents and services provided by other websites that may establish links to our Website. We shall not be liable for any aspect related to the website that contains the link, including, but not limited to, aspects relating to its operation, access, data, information, reliance and quality of its services, its own links and/or any of its contents in general. The existence of any links to the Website does not imply any type of relationship, collaboration or dependency between Us and the owners of the third-party website.


5. INTELLECTUAL PROPERTY RIGHTS OVER THE WEBSITE
All intellectual and industrial property rights (including under patent law, copyright law, trade secret law, trade mark law, and all other proprietary rights) over the Website, including but not limited to, the Website and the Materials, texts, photographs or illustrations, logos, brands, graphs, designs, interfaces and any other information, resource, content or service available through the Website are owned by Us or have been licensed to Us accordingly by their corresponding owner for their display and/or availability on the Website.
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Your intellectual and industrial property rights over the Website shall be limited as follows: We only grant You a limited, non-exclusive, non-transferable, non-sublicensable and revocable license of the intellectual property rights over the Website and the Materials to access and use the Website for Your internal business purpose and without commercial use.

Nothwithstanding the above and unless otherwise authorized, Your access to and use of the Website shall in no case involve any waiver, transmission, license or transfer, whether in whole or in part, of any intellectual and industrial property rights.

We expressly reserve all our respective intellectual and industrial property rights over the Website and its contents. Particularly, We do not allow modification, copy, reproduction, communication, transformation or distribution in any media or form, in whole or in part, of the Website or any of its content for any public or commercial purpose, except under our prior, explicit and written authorisation.

Moreover, it is forbidden to remove or manipulate copyright indications or any other credit that may identify Website lawful content holders, as well as technical protection devices, digital prints or any protective mechanism or information incorporated to the Website.

In the event that You submit or send Us information of any kind through the Website, You acknowledge, warrant and accept that You have the necessary rights to do so, and that such information does not infringe intellectual and industrial property rights of any third party, and that such information is not confidential or detrimental to third parties. In this sense, You grant Us a license to use the information provided through the Website, as necessary in order to provide You the requested services and/or contents.

6. LIMITATION OF LIABILITY
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The Website and the Materials, including without limitation the technology forming part of it, to the fullest extent permitted under applicable law, are provided on an “as is,” “where is” and “where available” basis, without any warranties or conditions of any kind, whether express or implied, statutory or otherwise. We disclaim all warranties and conditions with respect to the Website and Materials, including but not limited to warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, title and/or availability.

We do not guarantee that the Website or Materials are or will remain updated, uninterrupted, complete, correct and/or secure. Third parties may make unauthorised alterations to them. If You become aware of any such alteration, contact us at [email protected] and provide us with a description of such alteration and its location on the Website.

To the fullest extent permitted under applicable law: (i) we will not be liable for damages of any kind; (ii) without limiting the foregoing, we will not be liable for damages of any kind resulting from Your use of or inability to use the Website or the Materials, including from any virus that may be transmitted in connection therewith; (c) Your sole and exclusive remedy for dissatisfaction with the Website or Materials is to stop using the Website or the Materials; and (d) our maximum aggregate liability for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be fifty euros (EUR50).
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IF YOU ARE ACTING AS A CONSUMER, i.e., for purposes which are outside your trade, craft, business or profession, the following two paragraphs fully replace the foregoing three paragraphs of this Section (Limitation on Liability):

Nothing in these Terms shall have the effect of excluding or limiting our legal liability under applicable law in the event of (i) death or personal injury; (ii) fraudulent misrepresentation or fraudulent concealment of defects of the Website and the Materials; (iii) loss and futile expenses caused by willful intent or gross negligence; (iv) a breach of a contractual guarantee as to the quality of the Website and the Materials (if any); or (v) other cases where liability cannot be excluded or limited by agreement in advance (such as e.g. under applicable product liability laws). Subject to the foregoing sentence only:

· We will not be liable for your loss and expenses (jointly the “Damages”) caused without any negligence or intent on our part;
· We will not be liable for your Damages caused by the breach of a non-material contractual obligation caused with only slight negligence;
· Our liability for the breach of material contractual obligations with only slight negligence will be limited to those Damages foreseeable to the parties at the time of the conclusion of the agreement between You and us that typically arise in transactions of this kind. For this purpose, a material contractual obligation is deemed an obligation, the fulfilment of which is a prerequisite for enabling the proper fulfilment of the contract and on the fulfilment of which You may generally rely.
· Where we provide the Website and the Materials to You free of charge, We will not be liable for damages caused with only slight negligence.

If you are acting as a consumer, i.e., for purposes which are outside your trade, craft, business or profession, your use of the Website and the Material may be covered by warranties against defects under applicable law. Nothing in these Terms limits or excludes your statutory warranty rights and claims.

All limitations of liability of any kind in these Terms are made for the benefit of us and our affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, and service providers (collectively, the “Affiliated Entities”), and our and their respective successors and assigns. We do not exclude or limit in any way our liability to You where it would be unlawful to do so.

To the fullest extent permitted under applicable law, You agree to defend, indemnify and hold harmless us, the Affiliated Entities and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) (“Claims”) arising out of or relating to (i) Your use of, or activities in connection with the Website and the Materials; and (ii) any violation or alleged violation of these Terms by You (except for Claims caused by an act or omission of us or our Affiliated Entities).

7. WARRANTIES BY US
We cannot warrant the reliability, usefulness and veracity of all the information, services and/or content available on the Website, nor the usefulness or veracity of the documentation provided therein. As a consequence, We cannot warrant and shall not be liable for:

1. The continuity of the contents available on the Website;
2. The absence of errors on the Website;
3. The absence of virus and/or any other damaging components in the Website or the server providing the Website;
4. The invulnerability of the Website or the security measures adopted;
5. The lack of usefulness or the malfunction of any of the contents of the Website;
6. The damages or losses caused by any person who violates the Terms, whether caused to themselves or to third parties.


8. WARRANTIES BY YOU
You undertake to comply with the Terms and to always act in accordance with applicable legislation. Likewise, You will refrain from using the Website in any way that may prevent, damage or deteriorate its normal operation, the assets or rights of PagoNxt Payments, the rest of Users or, in general, any third party.
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You warrant and represent that:

· The information that You have provided is accurate, true and up to date, and that You are not, and will not, hide or provide false information regarding Your identity, and that You will not provide third party information without their explicit consent;
· You have a legitimate and lawful reason to access and use the Website;
· You will not perform acts that may harm Us and/or Our rights and interests over the Website;
· You will comply with these Terms any other legal documents available on the Website and/or made available to · You through any means and all laws and regulations applicable to You;
· You will block your User account and inform Us as soon as possible if You suspect or have knowledge of an inappropriate, unauthorized or prohibited use by third parties of Your credentials or the Website;
· If You are using Our Website on behalf of a third-party (i.e., Your company), You have the necessary capacity to act on behalf of Your company and have obtained all necessary consents and approvals to disclose and/or use any data that You and/or Your application(s) collect, generate or use;
· During the term of these Terms, Your application(s) is not and shall not be identified or considered as a service addressed to minors and that You are not included in a website or online service addressed to minors; and
· Your electronic acceptance of these Terms, where applicable, is authentic and is an advance electronic signature from a duly authorized representative, being the signature valid for al purposes according to eIDAS Regulation (Regulation (EU) nº 910/2014 on electronic identification and trust services for electronic transactions in the internal market).

9. UPDATES OR MODIFICATIONS OF THE TERMS AND DURATION
‍We may update these Terms at any time and We will post the updated Terms on the Website. They shall be in effect from the time of their publication until their total or partial modification. From then on, the modified Terms will come into force and apply to Your use of the Website. The access and/or use of the Website after these Terms have been applied and/or published imply Your acceptance of them.
We may update these Terms at any time and We will post the updated Terms on the Website. terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, with no possibility for You to demand any compensation.

We reserve the right to terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, with no possibility for You to demand any compensation.

10. CUSTOMER CONTACT
You will be able to contact us  at [email protected]

Likewise, You can use our contact address to get in touch with Us in order to inform Us of the existence of contents within the Website which You consider that are contrary to law, to these Terms and/or violate the legitimate rights of any third party.

If You provide to us any ideas, proposals, suggestions or other materials (“Feedback”), You agree that such Feedback is not confidential, and that Your provision of such Feedback is free, unsolicited and without restriction, and does not place us under any fiduciary or other obligation.


11. MISCELANEA  
Each of the provisions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 

We may transfer our rights and obligations under these Terms. You may only transfer Your rights or obligations under these Terms to another person if We agree in writing. 

These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between You and us. 

Any words following the terms: “including”, “include”, “in particular” or “for example” or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words. 


12. GOVERNING LAW AND JURISDICTION
This Website, including Your use of the same, and particularly these Terms shall be subject to, interpreted and enforced in accordance with Spanish law.  
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For all disputes, actions or claims that may arise regarding the interpretation and application of these Terms, You and We agree to submit to the jurisdiction of the Courts of the city of Madrid (Spain) with express and voluntary waiver to any other jurisdiction. If You are acting as a consumer, i.e., for purposes which are outside Your trade, craft, business or profession, the foregoing choice of forum and venue does not apply to You, and the forum for any disputes between You and us shall instead be determined by applicable law.
The EU Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr. We are neither obligated nor ready to participate in online dispute resolution.