Terms and Conditions

 

  • Owner

The owner of the Kolibrick.eu website and the “Kolibrick” application is FINTECH PAYMENTS, S.L., a Spanish company with registered office at General Pardiñas, number 92, 208, 28006 Madrid, registered in the Commercial Registry of Madrid, ​​whose contact email is support@Kolibrick.me (hereinafter «Kolibrick«, which is also referred to as «we» or «our«).

  • Description of the Services

Kolibrick is a Payment SaaS that makes available to its Clients (mostly fintechs and ecommerces) a virtual platform or space where, thanks to collaboration agreements with duly authorized third-party providers (Regulated Partners), they can access exclusive services, such as, (a) send and receive payments, (b) hire certain savings or investment products and (c) hire exclusive experiences, all quickly and easily (the “Services”).

  • Changes

We may modify this Contract our Privacy Policy and our Cookies Policy from time to time. If we make any significant changes to the Contract, we will notify the users through our Services, or to the email account they have designated in the registry, to give users the opportunity to review the changes before they become effective. 

Your use of our Services after posting or sending a notice about changes to these terms, will be considered as your acceptance of them by all means.

  • Other Content, Websites and Applications

Your use of the content and information of other people published in our Services is on your own behalf and at your own risk. 

Other third parties may offer their own products and services through our Services, but we are not responsible for the activities performed by those third parties. 

By using the Services, you may find inaccurate, incomplete, late, misleading, illegal, offensive or harmful information or content. Kolibrick does not generally review the content provided by its Members or other persons. You agree that you are not responsible for the content or information of other people (including Members). We cannot always prevent such misuse of our Services, and you agree that we are not responsible for such use. We also recognize the risk that you or your company may face of being associated by mistake to content about other people.

You are responsible of deciding if you want to access or use third-party applications or websites that have a link from our Services. If you allow a third-party application or website to authenticate you or connect to your Kolibrick account, that application or website can access your information and that of your contacts in Kolibrick. Third-party applications and websites have their own legal terms and privacy policies, and you may be granting permission to third parties to use your information in a way different than ours. Except in limited cases where required by relevant legislation, Kolibrick is not responsible for these other websites and applications; use them on your own behalf and at your own risk.

  • Intellectual Property Rights

Kolibrick reserves all of its intellectual property rights on the Services. The use of the Services does not confer ownership of them or of the content or information shown through them. The brands and logos used in connection with the Services are the trademarks of their respective owners. Kolibrick, the “Kolibrick” logos and other Kolibrick brands, the service marks, graphics and logos used for our Services are registered trademarks of Kolibrick. 

On the pictures and images that the Users provide in the Services, they will grant Kolibrick and its subsidiaries a worldwide, non-exclusive, transferable, sublicenseable and exempt of payments license for the copyright to host, use, distribute, modify, maintain, reproduce and show. 

You can finalize this license for a specific picture or image by deleting said content from the Services, or in general by closing your account, except for the reasonable time it takes to remove it from backup copies and other systems.

  • Exclusions and Limitation of Liability

  • Exclusion Guarantee

We disclaim any legal responsibility derived from the quality, safety or reliability of our Services. 

Kolibrick, its affiliates and those who work with Kolibrick to provide the services (a) are not responsible for any implied guarantee or representation (such as marketing guaranties, suitability for a particular purpose, accuracy of the data and of non-infringement); (b) do not guarantee that the Services may be used without interruptions or without operational errors; and (c) provide the Service (including content and information) as it’s available.

  • Exclusion of Liability

To the extent permitted by law (and unless Kolibrick has signed an independent written contract that replaces this contract), Kolibrick and its affiliates (and those who work with Kolibrick to provide the Services) will not be responsible for any indirect, inherent, special, consistent or punitive damages, for the loss of data, opportunities, reputation or for the benefits or income related to the Services (such as offensive or defamatory statements, lost time, use or changes in your information or content). 

  • Applicable Legislation and Conflict Resolution

The interpretation, validity and execution of these Terms of Use, as well as the Privacy Policy and the Cookies Policy, are governed by Spanish legislation (except for its provisions on conflict of laws). 

Both parties agree to submit to the non-exclusive jurisdiction of the Madrid courts. If you are a consumer or user and you have your habitual residence in the European Union, you will also have the protection that can offer you any mandatory provision of the European legislation, state and regional in your country of residence. 

The European Commission offers a platform for alternative dispute resolution, which you can access here: https://ec.europa.eu/consumers/odr/ If you want to communicate any matter, please contact us at our email: hola@kolibrick.com 

  • Obligations for the Use of the Services

As a Member or User you agree that you will:

  1. Comply with all relevant laws, including, but not limited to, privacy laws, intellectual property laws, antispam laws, export control laws, tax and tax laws, and other regulatory requirements.

  2. Provide us with accurate information and keep it updated.

  3. Use your real name in the profile and provide only the information and content that you are entitled to and that the information in your Kolibrick profile is true.

  4. Provide only content and information that does not infringe the law or the rights of any person (including intellectual property rights).

  5. Use the Services in a professional manner.

  6. Comply at all times with all the obligations assumed in this Contract.

  7. Communicate to Kolibrick if you no longer meet the Minimum Conditions to be a Member.

As a Member or User you agree not to:

  1. Use or create a false identity in Kolibrick, falsify your identity, create a Member profile for someone other than you (a natural person), or use or attempt to use another person’s account.

  2. Develope, support or use programs, devices, scripts, robots or any other way or process (including crawlers, navigation plugins and add-ons, or any other technology) to plagiarize (scrape) the Services or copy profiles otherwise or other Data of the Services. 

  3. Bypass any security functionality or bypass any access control or limits of use of the Service (such as limits on keyword searches or profile views).

  4. Copy, use, disclose or distribute any information obtained from the Services, either directly or through third parties (such as search engines), without Kolibrick’s consent.

  5. Reveal information that you do not have the right to share (such as confidential information from third parties, including your company).

  6. Infringe the intellectual property rights of third parties such as copyrights, patents, trademarks, trade secrets or other property rights. For example, do not copy or distribute (except through the available sharing functionality) other people’s publications or other content without your permission.

  7. Infringe the intellectual property or other rights of Kolibrick, including, without limitation, (i) copy or distribute our materials and technology; (ii) use the term «Kolibrick» or our logos in any business name, email or URL.

  8. Publish anything that contains program viruses, worms or any other harmful code.

  9. Use reverse engineering techniques, decompile, disassemble, decipher or otherwise attempt to obtain the source code of the Services or any related technology that is not open source.

  10. To imply or declare that you are associated or endorsed by Kolibrick without our express consent.

  11. Rent, lend, market, sell / resell or obtain any other benefit of the Services or related data, or access them without Kolibrick’s consent.

  12. Establish links to our Services for any other purpose than to promote your profile or a group in our Services, without Kolibrick’s consent.

  13. Use bots or other automated methods to access the Services, to add or download contacts or to send or redirect messages.

  14. Control the availability, performance or operation of the Services for competitive purposes.

  15. Carry out framing or mirroring practices, or otherwise simulate the appearance or function of the Services.

  16. Overlap or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering or concealing advertisements included in the Services).

  17. Interfere with the operation or load the Services in an unreasonable manner (for example, spam, denial of service attacks, viruses or gaming algorithms).

  18. Violate the Policies for the professional community or any other additional term related to a specific Service when you log in or start using the Service.

  • Confidentiality

Members expressly assume the strictest duty of confidentiality regarding the content and information to which they have access within Kolibrick, as well as the conversations, negotiations and actions related to their object within Kolibrick (the “Confidential Information”), committing themselves not to disclose, in whole or in part, such Confidential Information to third parties without the prior written authorization of Kolibrick and the Members to whom such disclosure could in any way affect. 

This clause will remain in force after the termination or extinction of this Contract or any of the Services provided therein for a period of not inferior than 4 years.

  • Cookies

A cookie is a file that is downloaded to the user’s computer / smartphone / tablet when accessing certain web pages to store and retrieve information about the navigation that is done from said computer. To learn more about the Cookies Policy, we invite you to access the Cookies Policy accessible through the website, the application and the following link http://www.kolibrick.com/pivacy-policy/.

  • Complaints

We respect the intellectual property rights of other people. We demand that the information published by Members is accurate and that it does not infringe the intellectual property rights or other rights of third parties. You can make complaints about the content published by our Members at hola@kolibrick.com  

  • Contact us

If you want to send us notices about a specific procedure, contact us at the following address: hola@kolibrick.com 

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