GENERAL TERMS AND CONDITIONS

These General Conditions regulate the contract established between TAKSEE MOBILITY, S.L., platform for the management and payment of Mobility Services, a company dependent on Parkings and Services S.A., domiciled in C / Albacete, 3 1st floor, Edif. Mizar 28027 Madrid, Spain, with CIF B37546538 and registered in the Commercial Register of Salamanca, volume 461, Book 0, Folio 207 Sheet SA-15969, Inscription 1a, whose email address is info@imbric.com, hereinafter referred to as "IMBRIC", and the holder of the contract relating to the provision of Mobility Services, hereinafter CUSTOMER.

These conditions have force from 17 June 2020. 

1. PREVIOUS INFORMATION

The relationship between the CUSTOMER and IMBRIC shall be governed by the provisions of these General Conditions of Contract and, where applicable, the particular Terms and Conditions of the various IMBRIC Services, as defined on the website (www.imbric.com) and/or in the IMBRIC Applications. The provisions of the General Conditions result from full application to the Services that are regulated herein.

The Services are provided to the CUSTOMER as an end CUSTOMER, for its exclusive use being its personal user and password and non-transferable.

1.1 Definitions

• IMBRIC Service or Services: Each of the arrangements that IMBRIC allows users to make with Smartphone or personal computers in the field of mobility through the use of their native applications of each platform or through the web.
• Location of Services: Areas where the IMBRIC Service is available.
• "Customer", "user" or "registered user" means the natural person, and in connection with the Service "company account" to the natural or legal person, who upon acceptance of these Terms adheres to the IMBRIC Service and, where appropriate, makes use on one or more occasions of the Mobility Services offered by IMBRIC.
• IMBRIC Apps, Application or Platform: Software implemented that allows you to manage or access the Mobility Services provided by IMBRIC or its collaborators through native applications on iOS and Android mobiles and through the web on any device with a web browser.
• IMBRIC Customer Service Center (ATC): Telephone and/or electronic support service for the IMBRIC Mobility Services CUSTOMER.
• General Terms and/or Conditions: these are the general terms and conditions of contract applicable to the Service offered by IMBRIC.
• Particular Terms and/or Conditions: these are the terms of use associated with a particular service, the acceptance of which is not required to make use of the other services offered by IMBRIC.
• Driver's License: this is the valid and valid title that allows vehicles to be driven. The following are considered valid driving licences in Spain: (a) those issued in Spain in accordance with the Spanish legislation in force; (b) those issued by the Member States of the European Union in accordance with Community legislation; (c) those issued by other States which were recognised as valid for the purpose of allowing driving in Spain in accordance with Spanish law; and (d) the valid international permit together with the valid national permit of the corresponding country for which it was required for the purpose of allowing driving in Spain in accordance with Spanish regulations.
• Privacy Policy: is the legal document that governs, in accordance with the legislation applicable to the processing of personal data of the Customer.
• Terms and Conditions of Service: these are the General Conditions, the Privacy Policy and the Particular Conditions, in the latter case if applicable.

2. MOBILITY SERVICES

The Services offered by IMBRIC allow the use and payment of different Mobility Services through a Smartphone or computer owned by the CUSTOMER, enjoying various access capabilities depending on the Service selected by the CUSTOMER from among those offered at any time and Location.

The use of IMBRIC Mobility Services is governed by these General Conditions of Contract, which govern in a main way and among other aspects:

• Registration or accession to the IMBRIC Service, including prior validations required at any time (means of payment, vehicle registration, tax data, etc.).
• The rates and prices provided by IMBRIC for the use of the aforementioned Services, as well as, where applicable, the Particular Terms and Conditions, which may be found for each Service on the websites owned by IMBRIC.
• The responsibilities of the Parties and, where appropriate, the insurance applicable in relation to such responsibilities.

Acceptance of the Terms and Conditions is mandatory and essential for registration with the IMBRIC Service and for the use of Mobility Services provided through IMBRIC applications. Therefore, such acceptance must occur at the time of registration of the user on the Service. However, you may be required to accept the Particular Terms and Conditions of providers of certain Services if required by such provider.

Registration on the Service will not be completed until IMBRIC confirms acceptance of such registration and/or does not complete the prior checks set out in these Terms. IMBRIC will confirm by electronic means (email and/or SMS) that registration has been accepted and that the user's accession to the Service is therefore accepted. In any case, IMBRIC will only accept the registration of those applicants who meet the conditions established in advance.

Among the Services available in the different Locations, which may be extended in the future, the CUSTOMER may, through the APPLICATION, (i) make the request and subscription of Taxi Services, (ii) contract and book products or stays (bonuses, subscriptions and rotation) in public car parks (also called car parks in these conditions) (iii) the payment of the regulated parking fee; accessing the Reporting, Cancellation and/or Ticket Notification Services in cities where the applicable municipal ordinance so permits through the associated applications; (iv) book sharing vehicles (cars, motorbikes, scooters, etc.) with those suppliers with whom IMBRIC has an agreement, as well as initiate and end trips on these Services; (v) purchase bus tickets in cities where the service is enabled to do so, (vi) en-license a "company account", linked to a natural or legal person, and to which the latter, as administrator-users may adhere certain users, so that they may be recipients of the IMBRIC Services from the company account under certain circumstances and (vii) others that IMBRIC offers to its users at any time.

IMBRIC will act as responsible for collecting invoiced amounts on behalf of the different Service providers. For certain Services, IMBRIC will act as responsible for collecting municipal fees on behalf of the concessionaires established by each City Council. Depending on the assigned provider, IMBRIC may also act as responsible for billing on behalf of the different providers for the Services contracted by the CUSTOMER.

For more details on the Services offered by IMBRIC at any time and at each Location, please refer to the website and/or websites of the providers associated with the provision of the Service, which will maintain an up-to-date list of all Services provided at each Location and which are available in the Applications that IMBRIC makes available to users.

These Terms, as well as the Special Conditions that may affect the various Services, will govern the relationship between the Parties (IMBRIC and the user or company) until the user or company does not voluntarily or by decision of IMBRIC, on the basis of its ability to revoke the user status of any user to any owner of the Party and resolve the relationship between the Parties for the contravention of these Terms. In any event, IMBRIC may revise and modify these Terms and Conditions, at its material and temporal discretion. In such a case, it will communicate the existence of changes or modifications through the usual channels or electronic means in the relationship with the user (email, SMS, social networks…), setting the specific date from which the new version of the Terms will become in force. The use of the Service from that date will entail full and unreserved acceptance of the new Terms, without prejudice to the provisions of condition 10 thereof, regarding the protection of personal data and processing options based on the specific consent of the user, as provided for in this condition. In any case, the Terms applicable to each registration in the Mobility Services, will be those in force at the time of such registration or use.

To contract the SERVICES offered and, where appropriate, to begin the use of the contracted Mobility Service, the user (prior to acquiring such condition if he meets the appropriate requirements and provides the required documentation), must:

2.1 In the case of private users, who register for the Service through the Application linked to the SERVICE or, where permitted, through the websites.

• Personal data. Only persons over the age of 18 may register and use the Service. At the time of registration it is necessary to provide all personal data that, in a mandatory way, you are requested (other data may be requested to be provided voluntarily): first name, surname, mobile phone number and email. For certain Services in which the CUSTOMER is the driver of the vehicle, the driver's license number will be requested, of which it must be holder and is in force to be used in Spain, in addition to clear and clear images of the front and back of said document. The user will be responding at all times to the veracity and updating of the data, personal or of any kind, that he/she provides for registration on the Service or in connection with the use of the Service. The mere suspicion of the lack of veracity or updating of such data will enable IMBRIC to block the user and, if so decided in its sole discretion, resolve the relationship between the Parties, without the right to compensation or compensation in favor of the user.
• In cases where, once the process of registration and activation of the Service has been completed, the Driver's License has expired or been cancelled, suspended, withdrawn, lost or stolen, or in any way no longer holds or has the Driver's License, the CUSTOMER may not use the Service for the duration of any such circumstances and shall inform IMBRIC of any such circumstances , who may deactivate the Service and block the registration of the CUSTOMER thereafter. Otherwise, the Customer will be solely responsible for any damages that may be caused to IMBRIC, its mobility partners and any third party. Once any of these circumstances have been re-submitted by the CUSTOMER, the CUSTOMER may re-submit the Driver's License to IMBRIC and re-complete the process of registration and activation of the Service.
• The CUSTOMER, in order to update any of the personal data provided to IMBRIC, must follow the steps established on the Platform or follow the procedure to exercise their rights recognized in the data protection regulations, in accordance with the provisions of the Privacy Policy. However, the CUSTOMER agrees that the deletion of the information relating to his/her Driver's License (and not the mere update) will result in automatic blocking for the use of those mobility services that require it.
• Means of payment and authorization of charge. In order to make use of the Service offered by IMBRIC, the user must have chosen a payment method (e.g. debit/credit card) associated with his/her user, in the registration process, and have entered the corresponding data, to allow the charges in that form of payment or the upload of the deposit or virtual account that the user maintains with IMBRIC, for the amount that the user decides at any given time. The holder or at least one co-owner of the means of payment must match the user. You authorize IMBRIC to charge in the designated means of payment the amounts derived from the use of the Service and in general the application of these Terms (fees, fees, prices, damages, management fees, etc.). Once the debit/credit card is established as a means of payment, it may be exchanged for another card with the same above requirements, but not deleted, as it is constituted as a means of guarantee of payment against payments for Services that may arrive in deferred. If set by the user in the configuration options, automatic reloads can be made for the amounts set by the user.
• Registration Fee. Pay the registration fee specified in the Pricing Policy, if any. Such fee may be subject to promotions that reduce its amount. Promotions will have a fixed duration that will communicate together with the promotion and may be oriented to different user profiles and not reach all of them. In order to benefit from the promotions it is essential that the user enters the promotional code during the registration process and obtains the confirmation message of their application in that process. Otherwise, the application of the promotion will be at the discretion of IMBRIC.

2.2 For users who download and install the IMBRIC App on their mobile phone or Smartphone.

• The means of accessing the Services is the IMBRIC Application. In order to use the Application as an access tool, the user must have a mobile phone compatible with the technical requirements of the IMBRIC Application. Under no circumstances shall IMBRIC be liable, to any extent, for any damage or malfunction caused by the download, installation or use of the Application and/or failure to update it by the customer.
• The user must personally provide the possibility of communication by mobile data and take care of the costs of transmitting data that, if applicable, is applicable to the user's mobile service provider. You must ensure that you use the application throughout the Service, from booking a Service to terminaing it.
• During the registration procedure the user will create a password to access the confidential information and functions of the respective websites (access to their consumption and movements, access and modification of their personal data, …); accessible also through the Application. The user is obliged to keep his password strictly confidential and to protect the information from any access by third parties. The user will be liable for any damages that may be caused by the loss of the access tools.
• Taking into account the state of the technical tools, the provision of the Service may be subject to restrictions or inaccuracies beyond IMBRIC's control. This applies in particular to the availability of mobile data provided by mobile network operators, the mobile network, positioning services through the global satellite navigation system and Internet access, all of which depend on the capabilities and characteristics of the user's mobile phone or smartphone and/or the internet service providers contracted by the user. Unavailability of the mobile network may, in specific cases, cause certain Services to become unavailable because the necessary data transmission does not work. In addition, these Services may be affected by atmospheric interference, topographical conditions or obstacles (such as bridges, tunnels, buildings). The same goes for Positioning Services based on the global satellite navigation system. In addition, internet usage may be subject to additional restrictions (such as network overhead). On the other hand, temporary capacity shortfalls may occur as a result of load spikes in the Services, mobile or landline networks, or on the Internet.

2.3 In the case of "enterprise accounts", an authorized person must request the creation of the account and provide the documentation required by IMBRIC, as well as the information of the Company, natural or legal person holding the "enterprise account". Once the documentation and all the data are available, the account will be created.

• Administrator user. The authorized person will also be a user of IMBRIC and the administrator of the company account; user-administrator. This person will have full capacity, within the company account, being able to access the data of all users associated with that account: movements, usage, costs, etc. Likewise, you will have the power to include new beneficiaries associated with the company account and to manage your access to it.
• Other users. In any case, each of the users associated with the account must accept these General Conditions prior to use.
• Means of payment and authorization of charge. The company must provide a means of payment (current account, credit/debit card or similar) once the account has been created as a pre-validation step. The user-administrator authorizes IMBRIC to charge in the designated means of payment the amounts derived from the use of the Service by the users that it determines and in general the application of these Terms (fees, prices, damages, management expenses, etc.) of each and every user linked to the company account. Likewise, IMBRIC may establish a minimum balance in the deposit or virtual account that the company maintains with IMBRIC as a guarantee.
• Pay the registration fee specified in the Pricing Policy. Such fee may be subject to promotions that reduce its amount. Promotions will have a fixed duration that will be communicated together with the promotion.

Desisting the record. The private user "natural person" shall have the right to withdraw from the contract for a period of 14 calendar days from its conclusion, without indicating the reason and without incurring any cost, unless the Services have been initiated at the user's will, in accordance with current regulations regarding consumers and users. In the case of company accounts, withdrawal shall be referred to in the contract concluded between the parties. To this end, the user may communicate his decision to IMBRIC, by contacting the following email address: info@imbric.com

It will be considered as infringement and serious non-compliance, causing the immediate termination of the service, the use of physical documents or in any case, not corresponding to the CUSTOMER at the time of registration to the Service.

Under no circumstances is the transfer of the CUSTOMER account between different people allowed. IMBRIC reserves the right to block the affected accounts as soon as such circumstance is detected, without prejudice to the reservation of any legal actions that may correspond, as well as to penalize the owner of the account in the event of transfer of the account.

Access data to the Platform (username and password) will be strictly confidential, personal and non-transferable. The CUSTOMER is expressly prohibited from transferring or communicating such data to third parties. Otherwise, the CUSTOMER will be solely responsible for any damages that may be caused. In the event that the CUSTOMER suffers any loss or theft of his/her electronic or mobile device on which the Service operates, or suspects the use of his/her CUSTOMER account by a third party, he/she must immediately notify the IMBRIC Customer Service Center through the support platform, sending an email to the info@imbric.com address and/or by calling 911 011 140 for proper blocking.

3. FORM OF PAYMENT AND BILLING

The CUSTOMER will enter in the IMBRIC smartphone application a valid credit and/or debit card with sufficient balance to meet the charges of the corresponding amounts of mobility services or top-ups in the wallet of the application.

As a security measure, to verify the validity of the credit card provided, and to verify that it is not the subject of reports of theft or loss, IMBRIC reserves the right to make a temporary verification fee, once the veracity of the card has been verified the retention is paid immediately, not assuming actual cost to the CUSTOMER. Likewise, IMBRIC reserves the right to refuse registration if the credit or debit card entity has refused such a charge or if it has well-founded doubts as to the veracity of the charge. In addition, IMBRIC may cancel the registration of any CUSTOMER who breaches the Terms and Conditions of Service, or if it is founded to suspect such non-compliance or fraud or impersonation, or if it maintains any debt or conflict pending resolution with IMBRIC.

In the case of company accounts, different conditions may exist negotiated between the parties. The Corporate CUSTOMER shall pay the amounts accrued for the provision of the requested Services, by means of the payment method agreed between the Parties to the contract for the provision of mobility services. The CUSTOMER undertakes to make the payment in the time and form agreed between the parties.Receipts and/or invoices submitted to the CUSTOMER will duly contain the price concepts that are charged by the Mobility Services provided, differentiating in cases where the amounts collected on behalf of third parties apply from the management charges applied.Invoices or charges not paid on the dates provided, for reasons not attributable to the credit entity, will accrue an interest of delay equal to the legal interest plus two points, without prejudice to the consequences that may arise from its non-compliance, and that may involve, even, the suspension or cancellation of the Service, upon communication by IMBRIC of this circumstance to the CUSTOMER within a period not less than 7 calendar days.

4. MODIFICATIONS AND CANCELLATION OF SERVICES

The characteristics of the Services may be modified by IMBRIC for the purpose of adapting them to technical developments, as well as any technical improvements or not, that IMBRIC exclusively allows to incorporate a greater number of services into the Services.

In addition, the CUSTOMER may modify the terms of the Service contracted at any time in terms of changes in fees or cancellation of the Service, and with the limitations set forth in these Terms and Conditions or those specifically applicable to the different Services, through the user panel of the CUSTOMER himself, since the Service does not imply any permanence or minimum contracting time , taking into account whenever a period invoiced and paid may not be paid unless the de-payment is caused by technical problems responsible for IMBRIC.

For booking cancellations, cancellation and refund of purchase are associated with each Service and product booked, as reported to you in the Terms and Conditions associated with the Service or product at the time of booking.

The cancellation or modification policy applicable to each reserved product is specified in the legal conditions, in the detail of the Service, during the booking process or in the proof sent during the purchase process.

• • Products with flexible cancellation and modification policy up to 24 hours before the confirmed arrival time on the reservation or proof:
  • Users may cancel or modify their reservation up to 24 hours before the confirmed time on the reservation of the product or Service.
  • If the user or beneficiary of the reservation that does not show up at the place of provision of the Service (parking, meeting point, etc.) wishes to cancel or modify the reservation after the period allowed according to the flexible cancellation policy applicable depending on the product booked, or after the arrival time confirmed in the proof, it may not in any such case modify , cancel or claim a full or partial refund of the purchase made.

Any modifications to the terms of the Services will be communicated by IMBRIC to the CUSTOMER at least 7 calendar days before the date on which they are to enter into force, understood to be accepted by the CUSTOMER if it does not express otherwise within that period. In the event that the CUSTOMER expresses its dissatisf with the modifications, IMBRIC is entitled to unilaterally terminate the relationship of provision of the Services regulated in these Terms and Conditions, without thereby detrolling the CUSTOMER's penalty or additional cost.

5. USER CARE CENTER AND INCIDENT RESOLUTION

The Customer Service Center, hereinafter ATC, of IMBRIC provides the CUSTOMER with a telephone technical support service and / or through electronic means such as email or support forum, (without prejudice to the cost of the telephone call or transmission of data that, if applicable, may have to be borne by the CUSTOMER).

The address to which the CUSTOMER may address for the provision of this Service is info@imbric.com. Except for cases of force majeure, the ATC will collect any incident affecting the operation of the Mobility Services during working days from 08:00 to 21:00, and will reasonably seek the resolution of the queries or incidents raised.

In case of complaint the CUSTOMER may also request complaint sheet in the informed email.

6. SAFETY IN THE USE OF THE SERVICES

IMBRIC makes all technical and human resources available to you, but due to the shared nature of wireless connections, it cannot guarantee privacy and security in the customer's use of the Services and, in particular, does not guarantee that unauthorized third parties may not be aware of the class, conditions, characteristics and circumstances of the Customer's use of the Internet or that he/she cannot access and , where applicable, intercept, delete, alter, modify or manipulate in any way the contents and communications of any kind that the CUSTOMER transmits, disseminates, stores, makes available, receives, obtains or accesses through the Services.

IMBRIC excludes, to the full extent allowed by the legal system, any liability for damages of any nature that may be due to the knowledge that third parties of the class may have, conditions, characteristics and circumstances of internet use that users may make or that may be due to access and, where appropriate, interception, elimination , alteration, modification or manipulation in any way of the contents and communications of any kind that users transmit, disseminate, store, make available, receive, obtain or access through the Services.

7. GUARANTEE OF AVAILABILITY OF SERVICES

The different Mobility Services are not a Guaranteed Service, so IMBRIC will not be responsible for the unavailability of the Same, regardless of who is attributable to the cause of unavailability.

It shall not constitute unavailability (a) the interruption of any of the Mobility Services as a result of network maintenance operations; (b) the discontinuity or interruption of the Mobility Services due to elements or actions relating to the hardware or software executed by the CUSTOMER, or third parties outside IMBRIC, who prevent the correct execution or provision of the Contracted Service; (c) discontinuity or discontinuation of Mobility Services due to inclement weather, growth of surrounding vegetation, interference due to other wireless signal-emitting sources and in particular the use of inhibitors by state bodies and security forces; (d) discontinuity or interruption of Mobility Services due to the installation of advertising media or other elements by third parties, which may act as a display preventing or limiting the transmission of wireless signals.

The temporary or definitive interruption of mobility services provided by third-party companies that are actual providers of the services due to the termination, withdrawal or non-renewal of trade or technological integration agreements between IMBRIC and third-party companies providing mobility services shall not constitute unavailability.

8. EXCLUSION OF WARRANTIES AND LIABILITY

IMBRIC assumes no responsibility for the content, functionality, usefulness, reliability or accuracy of the web pages to which the CUSTOMER can connect through the tabs available in the application, which are websites belonging to independent companies without any association or relationship with IMBRIC.

IMBRIC may not preview any content included in any web page, nor can it edit, delete, modify, delete, control, review or restrict access to any content included in any web page prior to its transmission to the CUSTOMER, so IMBRIC does not guarantee that the contents of the web pages accessed through the Services provided by IMBRIC will be constantly updated, that will conform to the law, morality, good faith and/or good customs, their accuracy, legality, veracity and/or completeness, or that will be useful to the CUSTOMER or that will not contain any kind of error, so, IMBRIC is not responsible for any damage and / or damage and / or benefits no longer obtained by the CUSTOMER or any other third party that are not attributable solely and exclusively to IMBRIC , as well as not where the CUSTOMER or the persons to be liable for are the culprits for such damages, or when the CUSTOMER is harmed as a result of any content, information, opinion, manifestation and/or data to which the CUSTOMER or any other third party accesses or acquires through any website accessed through the Services provided by IMBRIC.

Although it will make all necessary technical and organizational efforts, IMBRIC does not guarantee that the Services provided will operate safely, constantly, reliably and permanently, without delays or interruptions, so IMBRIC is not responsible for any damage and/or damage and/or benefits ceased to be obtained by the CUSTOMER or any other third party that is harmed as a result thereof as well as for any circumstances of force majeure, fortuitous case, failure or error of the lines of communication, or the defective provision or failure of the Internet access network, provided that such failures are not attributable to IMBRIC.

IMBRIC shall not be liable for any damage or damage caused to any CUSTOMER or third parties, nor for profits no longer obtained by any CUSTOMER and/or third party, caused directly or indirectly by the use and/or access and/or connection to the Services provided by IMBRIC and/or to web pages linked to them, being therefore not responsible for any damage and/or damage caused to any CUSTOMER and/or third parties, nor for profits no longer obtained by any CUSTOMER and/or third parties due to incorrect operation, defects, failures and/or damage caused, in whole and/or in part, to any hardware, software and/or software belonging to the CUSTOMER and/or third parties, as well as the loss, alteration and/or damage , total and/or partial information contained in magnetic media, disks, tapes, floppy disks and others belonging to the CUSTOMER and/or third parties, as well as the introduction of computer viruses or unwanted variations or alterations in all information, documents, files, databases, hardware and/or software belonging to the CUSTOMER and/or third parties, provided that these damages were not attributable to IMBRIC.

The CUSTOMER shall be liable for all damages and/or damages that both by wilful misunderstand or negligence to IMBRIC and in the performance of this contract, specifically, when contracting the IMBRIC Services the user expressly accepts the conditions of access and use in force in the Mobility Services that he/she will use, and understands that these rules are dictated exclusively by the providers of the Services. In no event, including without limitation negligence, will IMBRIC be liable for damages of any kind against vehicles, persons or properties, including without limitation any direct, indirect or expressly advised damages arising out of, or in connection with, access to or use of the Service, the user being the one who, in such case, must directly directly against the suppliers holding the Service or designated third parties.

Users are responsible for the security of their devices and accounts. Any unauthorized use or failure of account security must be notified immediately. However, IMBRIC will make every reasonable effort to provide the Services in a safe and error-free environment. 

9. PROTECTION OF PERSONAL DATA

In the context of using the platform, IMBRIC will collect and process personal information. By using the platform and registering as a user, IMBRIC recognizes and accepts the processing of personal data in accordance with applicable law and the privacy policy.

TAKSEE MOBILITY, S.L. (IMBRIC) has a Privacy Policy appropriate to Regulation (EU) 2016/679 of the European Parliament and of the Council of 25 May 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data and repealing Directive 95/46/EC (hereinafter, the "General Data Protection Regulation", or the "GDPR") and the Organic Law on Data Protection and Digital Rights Guarantee 3/2018, Art 33, and which affects users who contract the Service, so that the use of the Service implies the prior unequivocal acceptance of this policy in the Terms and Conditions described in this condition. IMBRIC may prevent the use of its Services and the functionalities associated with it in the event that the user does not accept this policy, or does not consent to the processing of his/her personal information in accordance with the provisions thereof. This is without prejudice to the possibility of the user to decide freely about certain processing of their data at the time of registration and / or subsequently, being able to exercise it through the configuration of their privacy.

10. NOTIFICATIONS

All notices, notices, modifications and communications by IMBRIC to the CUSTOMER shall be deemed effective for all purposes when made in any of the following ways:

• • • mail to the address indicated by the CUSTOMER;
    • sending by email to the address provided by the CUSTOMER in the High in the Service;
    • communication by telephone call to the telephone number indicated by the CUSTOMER in the Discharge;
    • through applications that allow authentication for the use of the Service and/or User Zone.

11. VALIDITY OF THE CONTRACT

If, for technological reasons outside IMBRIC, the Customer Service could not be provided in the terms agreed before the start of the provision of the Service or during the provision of the Service, IMBRIC undertakes to communicate this circumstance to the CUSTOMER immediately. The CUSTOMER may then choose to cause the cancellation of the Service provided or the termination of the Contract without any penalty being derived for the parties.

Such causes may arise from the disinlivition of a Service or from a supplier belonging to the project for reasons beyond IMBRIC, in such case, IMBRIC will offer financial compensation for the invoice paid.

The conclusion of this Agreement implies the express acceptance and in its entirety of these General Conditions, as well as the submission of the interpretative decisions made by the provider of the Service.

12. INTELLECTUAL PROPERTY

The trademarks, logos, images, videos, drawings, etc. appearing on IMBRIC Services websites and applications are the intellectual property of IMBRIC and third party providers and may not be reproduced, used or represented without the express written permission of IMBRIC or such suppliers.

It is prohibited to modify, copy, reproduce, download, disseminate, transmit, commercially exploit and/or distribute in any way the Services, the pages of the site or the computer codes of the elements that make up the Services and the websites owned by IMBRIC.

Subject to the content provided by its users, IMBRIC is the sole owner of all intellectual property rights related to the Service, the Platform, its content (in particular texts, images, designs, logos, videos, sound, data and graphics) and the software and databases that ensure its operation.

IMBRIC warrants a personal, non-exclusive and non-transferable right to use the Platform and Services, for personal and private use, for a non-commercial purpose and in accordance with the purpose of the platform and Services.It is strictly prohibited to use or exploit the platform and Services, including its content, for any purpose other than as provided without IMBRIC's prior written consent. In particular, the following are strictly prohibited:

(i) reproduce, modify, adapt, distribute, publicly represent and disseminate the platform, services and all its content, both directly and indirectly. Any unacceptable or unauthorized action in this area is understood to affect, harm and/or damage IMBRIC, the Services offered, the systems and other users of the platform, unless expressly authorized by IMBRIC;

(ii) decompile and reverse engineer the platform by altering, modifying, creating derivative works from, decompiling or extracting code from the Services; 

(iii) send, store or transmit a virus or other harmful computer code through the platform; 

(iv) obtain or attempt to gain unauthorized access to the Services or systems, as well as interfere with or affect the protection, security or performance thereof; 

(v) create accounts on the platform by automated or unauthorized means; 

(vi) extract or attempt to extract, in any unacceptable or unauthorized manner (in particular using data extraction robots or similar data collection tools) a substantial part of the data on the platform or its Users.

(vii) sell, resell, rent or charge for our Services in an unauthorized manner; 

(viii) create software or application programming interfaces (APIs), that work much like our Services, and offer them in an unauthorized manner to third parties for use.

13. APPLICABLE LAW AND COMPETENT COURT

This Terms and Conditions document and the relationships established between IMBRIC and the CUSTOMER, in particular the knowledge and resolution of any disputes, discrepancies or disputes that may arise, shall be governed by and resolved in accordance with the provisions of Spanish legislation concerning applicable law and competent jurisdiction.

However, in cases where the regulations provide for the possibility for the parties to submit to a third, IMBRIC and the CUSTOMER, expressly waiving any other law that may correspond to them, they will submit any disputes and / or disputes to the knowledge of the Courts and Tribunals of the city of Madrid.

These Terms and Conditions are available in two versions, English and Spanish. In the case of differences between the two versions, the Spanish version prevails.

TAKSEE MOBILITY, S.L. (IMBRIC)

C / Albacete, 3 1st floor, Edif. Mizar.

C.P. 28027 Madrid, Spain.

CIF: B85912913

info@imbric.com