LEGAL NOTICE AND GENERAL TERMS OF USE

  • IDENTITY OF THE OWNER
    The website http://www.muving.com (hereinafter, the ‘Website’) is owned by SOCIAL MUVING, S.L., holder of Tax Id No. CIF B72318629, sole shareholder of the company SHARING MUVING S.L.U. (hereinafter, ‘MUVING’), to which it assigns the use and management of the site, with registered office in El Puerto de Santa María, Carretera de Fuentebravía, 17 1º 1 (11500 Cádiz) and holder of Tax Id No. CIF B72327000.
    MUVING welcomes you and invites you to carefully read the General Terms of Use of this Website (hereinafter, the ‘Terms of Use’), which describe the terms and conditions that shall apply to your navigation through it, in accordance with the provisions of applicable Spanish legislation. Given that MUVING may amend these Terms of Use in the future, we recommend that you consult them periodically in order to be duly informed of any changes made.
    With a view to ensuring that use of the Website fulfils the criteria of transparency, clarity and simplicity, MUVING informs the User that any suggestion, query or enquiry regarding the Terms of Use can be made and resolved by contacting MUVING by telephone on +34 956 556 393 or at the email address sharing@muving.com.
    The User undertakes to use the services, products and utilities offered by this Website in accordance with the Law, the content of these Terms of Use and the principles of morality, generally accepted good practice and public order.
    OBJECT
    MUVING makes the Website’s content and services available in conformity with these Terms of Use and the Privacy Policy.
    By accessing or using this Website, you become a ‘User’ and unreservedly accept all of its Terms of Use, which MUVING reserves the right to amend at any time. The User shall consequently be responsible for carefully reading the Terms of Use in force at the time of each visit to this Website, and, in the event of disagreement with any of its provisions, must refrain from using it.
    The User is also advised that Particular Terms of Use may occasionally be established for specific Website content and/or services, the use of which shall also imply acceptance of such terms.
    ACCESSING AND USING THE WEBSITE
    By registering with MUVING, the User agrees to provide truthful, up-to-date, accurate and complete information about himself, as requested on the registration form, and undertakes to keep this information updated if it changes.  The User undertakes to ensure that MUVING is kept free from liability in the event of any claim, loss, penalty or fine resulting from any breach of the obligations described in this section. Any information provided by the User during the registration process, including among others, personal details, shall be used by MUVING in accordance with the Privacy and Cookies Policy.
    To use the Website, the User is required to enter the username and password that he chose during registration. The User undertakes not to disclose his account information or password to third parties. The User is solely responsible for ensuring the confidentiality and security of his account, and for all activities performed through it, and agrees to notify MUVING immediately of any security breach in his account. MUVING shall accept no liability for any loss resulting from unauthorised use of the User’s account.
    SERVICES
    MUVING offers the User the possibility of:
    Learning about the company and its work philosophy;
    Registering on the Website to use its services;
    Hiring electric motorcycles for a specific period of time (pay per use) according to the location of the User and the availability of the vehicles;
    Being informed about the requirements and documentation necessary for the use of vehicles.
    Finding out about the ‘GENERAL TERMS AND CONDITIONS’;
    Accessing the Website’s FAQ section;
    Contacting Customer Service staff to resolve any kind of issue or enquiry relating to the services provided;
    Accessing our corporate profiles;
    Making enquiries via email or telephone.
    PRIVACY AND COOKIES POLICY
    In compliance with the provisions of the Data Protection Act (LOPD), MUVING informs the User of the Website that it holds under its responsibility computerised and non-computerised personal data files registered with the Spanish Agency for Data Protection, and that these files are used for the purposes of maintenance, management and monitoring of the User’s details collected through the Website.
    To find out more, please consult our Privacy Policy.
    INDUSTRIAL AND INTELLECTUAL PROPERTY
    The User acknowledges and accepts that all Website content and any other elements that appear on its pages, especially designs, text, images, logos, icons, buttons, software, trade names, trademarks, or any other distinguishing mark intended for industrial and/or commercial use, are subject to industrial and intellectual property rights and that these rights are the exclusive property of MUVING, which has the exclusive right to use them for commercial purposes. The User therefore agrees not to reproduce, copy, distribute, make available or, in any other way, publicly communicate, transform or amend such content, and undertakes to ensure that MUVING is kept free from liability for any claim arising from a breach of such obligations.
    Under no circumstances shall access to the Website imply any kind of waiver, transfer, licence or total or partial assignment of such rights, unless expressly stated otherwise. These Terms of Use do not grant the User any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its content other than those expressly provided for here. Any other use or exploitation of any right shall be subject to prior and express permission specifically granted for that purpose by MUVING, or by the third-party owner of the rights concerned.
    The content, text, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this Website, as well as the site as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation. MUVING owns the elements that make up the graphic design of the Website, the menus, navigation buttons, HTML code, text, images, textures, graphics and any other content on the Website or, in any event, possesses the appropriate licence for the use of such elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or in any medium, unless prior permission has been granted in writing by the aforementioned entity.
    Moreover, it is forbidden to suppress, evade and/or manipulate the copyright, as well as the technical protection devices, or any information mechanism that the content may contain. The User of this Website undertakes to respect the rights stated and to avoid any action that could harm them, with MUVING, in all cases, reserving the right to institute any legal actions or proceedings to which it may be entitled to defend its legitimate intellectual and industrial property rights.
    OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEBSITE
    The User accepts that he cannot use the Website in a manner that breaches the provisions of these Terms of Use. The User is responsible for the manner in which he uses the Website. In addition, the User must comply with any other obligations established in the applicable legislation.
    The User, in addition, must: (i) have at his disposal all of the technical means and requirements necessary to access the Website and use the services made available through it; and (ii) provide truthful information when completing the forms contained within the Website with his personal details and keep them updated at all times in order for them to reflect the actual circumstances of the User at all times. The User shall be solely responsible for any false or inaccurate statements made and any damage caused to MUVING by the information provided.
    The User must also refrain from:
    Using the Website and/or content in an unauthorised or fraudulent manner for purposes or effects that are unlawful, prohibited in these Terms of Use, harmful to the rights and interests of third parties or may, in any way, damage, disable, overload, deteriorate or prevent the normal use of the services or documents, files and all kinds of content stored on any computer equipment.
    Accessing or attempting to access resources or restricted areas of the Website without fulfilling the requirements for such access.
    Causing damage to the physical or logical systems of the Website, its suppliers or third parties.
    Introducing or disseminating computer viruses in the network or any other physical or logical system that is liable to cause damage to the physical or logical systems of MUVING or third parties.
    Attempting to access, use and/or manipulate data belonging to MUVING or other Users. Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or amending the content without the permission of the owner of the corresponding rights or unless it is legally permitted.
    Deleting, concealing or manipulating any notes on intellectual or industrial property rights or any other information identifying the rights of MUVING or third parties incorporated into the content, or any technical protection devices or information mechanisms that may be inserted into the content.
    Obtaining or attempting to obtain content using means or procedures different from those that, depending on the case, have been made available for this purpose or have been expressly indicated on the websites where the content is situated or, in general, are usually used on the Internet because they do not represent a risk of damaging or disabling the Website and/or the content.
    In particular, by way of illustration and not limitation, the User undertakes not to transmit, disseminate or make available to third parties information, details, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
    In any way, violates, denigrates or undermines the fundamental rights and public freedoms recognised by the Constitution, international treaties and current legislation.
    Induces, incites or promotes acts of a criminal, slanderous, defamatory or violent nature, or, in general, any that violate the law or the principles of morality, generally accepted good practice or public order.
    Induces, incites or promotes discriminatory acts, attitudes or thoughts on the basis of gender, race, religion, beliefs, age or circumstances.
    Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful or degrading in nature, or, in general, any that violate the law or the principles of morality, generally accepted good practice or public order.
    Induces or may induce an unacceptable state of anxiety or fear.
    Induces or incites engagement in dangerous, risky or harmful practices for health and the psychic balance.
    Belongs to MUVING and is protected by intellectual or industrial property legislation, and whose intended use has not been authorised.
    Is contrary to honour, personal and family privacy or the image of persons.
    Constitutes any type of non-consensual advertising.
    Includes any kind of virus or program that prevents the Website from functioning normally.
    LIMITATION OF LIABILITY
    MUVING shall be responsible for ensuring, except in the case of force majeure, the proper functioning of the Website by avoiding technical inconveniences, maintenance work during business hours, and any other action that may limit and/or partially disrupt use of it by Users.
    MUVING does not guarantee continued access, nor correct display, download or use of the elements and information contained on the pages linked to this Website which can be impeded, hindered or disrupted by factors or circumstances beyond its control. MUVING shall accept no liability for any decisions that may be made as a result of accessing the content or information offered through these linked sites.
    MUVING may interrupt the service or immediately terminate the relationship with the User if it detects that use of its Website or any of the services offered within it is contrary to these Terms of Use. MUVING shall accept no liability for any damage, loss, claims or expenses derived from the use of the Website. It shall only be responsible for eliminating, as soon as possible, any content that may cause such damage, provided that it is reported. In particular, it shall not be liable for any damage that could result, among others aspects, from:
    Interferences, interruptions, failures, omissions, telephone faults, delays, blockages or disconnections in the operation of the electronic system caused by deficiencies, overloads and errors in telecommunication lines and networks, or any other cause beyond the control of MUVING;
    Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other;
    Improper or inappropriate use of the Website;
    Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of it;
    MUVING declines any liability for loss or damage of any nature that could be due to misuse of services freely available and used by Website Users. MUVING is also exempt from any liability for content and information that may be received as a result of illegal or incorrect use of such services.
    INDEMNITY OF MUVING
    The User shall ensure that MUVING is kept free from any liability for loss or damage arising from claims, actions or complaints by third parties as a result of his use of the Website. Moreover, the User undertakes to compensate MUVING for any loss or damage arising from the use of ‘robots’, ‘spiders’, ‘crawlers’ or similar tools used for the purpose of collecting or extracting information or of any other action on his part that imposes an unreasonable burden on the operation of the Website.
    Access to the services or content provided through the Website shall be made under the full responsibility of Users. In the event of access by children or incapacitated persons, responsibility shall be borne by their parents, representatives or legal guardians, who must accompany, supervise or take the necessary precautions during their navigation through the web pages.
    If the User negligently or wilfully breaches any of the obligations set forth in these Terms of Use, he shall be liable for all loss or damage that may be incurred by MUVING due to such breach.
    CHANGE OF CONTROL
    In the event that MUVING is acquired by or merges with a third party, MUVING reserves the right to assign its contractual position and all of the personal details collected from Users as part of the merger, acquisition, sale or any other change of control.
    The third party shall need to meet the requirements established by MUVING in its Terms of Use, General Terms and Conditions and Privacy and Cookies Policy.
    INTERNATIONAL USE AND LANGUAGE
    Use of the Website by Users in countries other than Spain shall be under their responsibility. Users are solely responsible for complying with the laws of the countries from which they access the Website.
    This Legal Notice and the Terms of Use are written in Spanish. If the User translates these texts through an online translator, he declares that he knows and accepts that the Spanish version shall always take precedence in the event that there are contradictions between different versions and that these terms are subject to Spanish legislation.
    AMENDMENT OF THE TERMS OF USE
    MUVING reserves the right to amend this Legal Notice and the Terms of Use at any time and at our sole discretion. In the event of this occurring, a notice shall be included on the Website informing Users of the amendments that have been made.
    INVALIDITY AND INEFFECTIVENESS OF CLAUSES
    If any clause included in this Legal Notice and the Terms of Use is declared totally or partially invalid or ineffective, such invalidity or ineffectiveness shall only apply to that provision or the part of it that is invalid or ineffective, with all other provisions in these Terms of Use remaining in force, and that provision or part of it considered to be not included.
    APPLICABLE LAW AND JURISDICTION
    The relationship between MUVING and the User shall be governed by current Spanish legislation and any dispute shall be submitted to the Law Courts of Madrid, with both parties expressly waiving any other jurisdiction that may be applicable to them. MUVING shall pursue any breach of these Terms of Use, as well as any improper use of the Website, by instituting any civil and criminal actions to which it may be entitled and with which the law may assist.
    CONTACT INFORMATION
    To contact us:
    Email: sharing@muving.com
    Address: Ctra. Fuentebravía 17-1-1 Edf. Hindustan. 11500 El Puerto de Santa María (Cádiz) -Spain