In order to comply with the requirements of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce and, in particular, Article 10 thereof, the following legal notice (hereinafter, the "Legal Notice") is made available to users.
The access, navigation and use of the Platform imply the tacit and unreserved acceptance of all the stipulations of this Legal Notice, having the same validity and effectiveness as any written and signed contract.
Their observance and compliance shall be enforceable with respect to any person accessing, browsing or using the Web Site (hereinafter, the "User" or "Users"). If you do not agree with the above conditions, do not access, browse or use the same.
IDENTIFICATION OF THE PERSON RESPONSIBLE
In compliance with the duty of information contained in Article 10 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, the following data of the owner are reflected below:
Owner: EQUITO APP, S.L. (hereinafter, "EQUITO")
Registered office: Ronda sant pere (urquinaona), 52 - AT, Barcelona, 08010
TAX IDENTIFICATION NUMBER: B-16857609
Public Registry: Registro Mercantil de Barcelona Volume 47992, Folio 198, Inscription 1 with page B-568662.
Below, we proceed to show the conditions that, in a general way, regulate access to the website of the Holder, both services and functionalities offered there, without prejudice to the application of other conditions other than the procurement of goods or services or their modification. Periodic reading and review is recommended as there may be changes in the legal texts.
TERMS AND CONDITIONS OF USE
2. IDENTIFICATION OF THE PARTIES
3. EQUITO APP WEBSITE AND APP
The Web Site allows users to browse free of charge. However, it is important to note that, on the Website, users do not have the possibility to register. Only the EQUITO App allows the registration process and user registration. Therefore, to access all the functionalities and services available, Users are required to register exclusively through the App.
EQUITO is a real estate investment platform that makes available to Users various investment opportunities, to enable them to participate in them through the acquisition of rights represented in the form of tokens, such as participating loans.
4. USER OBLIGATIONS
As a User, by merely accessing and browsing through the Platform, you shall:
Use the Platform in a diligent, correct and lawful manner, always respecting current legislation, morality and good customs, as well as public order.
Periodically review these Conditions, or any others that may be applicable, checking for any modifications that may occur.
Review the communications EQUITO sends you, as they may contain important information.
Not to use the Platform for commercial purposes, especially to collect information or content for the purpose of providing services that clearly constitute competition for EQUITO.
Do not modify or attempt to modify in any way, or take any action or use any means intended to simulate the appearance or functions of the Platform.
Not to damage, disable, overburden, or impair the service (or the network(s) connected to the service), or interfere with your use and enjoyment of the service.
Refrain from taking any action that leads to the introduction of computer viruses, worms, Trojans or any other kind of malicious code intended to interrupt, destroy or limit the functionality of the Platform.
Do not use reverse engineering techniques and / or decrypt, decompile or use any other system intended to know the source code of EQUITO.
In any case, not to perform any act that may violate rights or interests of the Holder or third parties, such as, for example, intellectual or industrial property rights (patents, trademarks, copyrights, trade secrets, etc.).
5. PLATFORM AVAILABILITY
The Proprietor seeks to improve and expand EQUITO, as well as its content and the services offered therein. Notwithstanding the foregoing, the Platform will be displayed as it is at any given time, depending on availability, limitations and other concurrent circumstances.
6. REGISTRATION AND ACCESS TO THE PRIVATE AREA OF THE PLATFORM
Any User may access and browse the Website free of charge and without prior registration. However, to access the private area and invest in the App, the User must download the App and register beforehand.
The following are the terms and conditions governing registration in the App and access to the User's private area.
6.1 Requirements and procedure to create a "User" account
Natural persons of legal age in accordance with the provisions of Spanish law, in their own name or on behalf of a legal entity, may create an account on the App by accessing the private area. In the latter case it will be necessary, therefore, that the natural person holds the legal representation of the legal person or company in question (through power of attorney or other documents).
EQUITO will confirm to the User its registration in the App, through the sending of a welcome communication, moment from which it becomes a "Registered User".
In the event that the Registered User cannot remember his/her PIN code, he/she will be asked to enter his/her telephone number and then access the option entitled "Forgot PIN?" to have a security code automatically sent to the e-mail address with which he/she registered. Also, a text message (SMS) will be sent to the phone number provided, containing your PIN code. This will allow you to access the private area of the EQUITO App.
If the Registered User has lost his phone number or has acquired a new one, there is a procedure to access the private area of the EQUITO App. You must select the option "I have lost my phone number" and provide the email address used during registration, then, you must confirm this email address again. A security code will be sent to this address, which you will need to enter in the application. You must then enter the PIN code and select "Next" to access the private area of the EQUITO App.
The Holder reserves the right to check and verify the identity of the User at any time. Failure to comply with the requirements of this paragraph or deception as to identity, entitles the Holder to terminate at any time to such User, exempting the Holder from any liability for such action.
6.2 Requirements for investment in one of the Platform's projects
The User, once inside the private area of the Platform, may invest in any of the available real estate projects. To do so, the User will previously have to pass a KYC ("Know Your Customer") process. The Holder has signed an agreement with a third party entity, responsible for managing the payment accounts of each Registered User who wants to invest in any of the projects of the Platform, through which such entity will be responsible for (i) verify the KYC data, (ii) open payment accounts for each of the Users who want to invest and (iii) manage the payment system of each project.
In the case of not passing this process, the User will not be able to invest in the App.
The User, once the KYC process has been passed, may invest in the project of his choice, provided that (i) he specifies the amount to be invested and, therefore, the number of tokens he wishes to acquire and (ii) he signs the offer document established for each project. Such document will regulate the entire purchase process and other conditions related to the investment.
Such Registered User, once he/she has made his/her investment, shall acquire the status of ""/ "Registered Investor User".
6.3 Obligations of the Registered Investor User
The Registered User has the following obligations:
Do not register with multiple User accounts on the App, or do so with false data or impersonating third parties. You are responsible for providing your real data.
Not to use or attempt to use another User's account without authorization or consent.
Be solely responsible for all activities carried out from your personal EQUITO account.
Take care of the confidentiality of your access data, since you will be responsible for any damage suffered or suffered by third parties for breach of these Terms. You will also be responsible for what happens in your personal account unless the security of your account has been compromised through no fault of your own. Specifically, you shall:
Keep the account updated.
Store the chosen password confidentially.
Be the only User using the account created.
Do not market, sell or transfer the account to a third party.
EQUITO reserves the right to verify the profile of the Registered User, and may delete or suspend the account in case of non-compliance with these legal texts or any other applicable.
Under the foregoing, it is the obligation of the User to immediately notify EQUITO about any fact that allows the misuse of identifiers and / or passwords, such as theft, loss or unauthorized access to them, in order to proceed to their immediate cancellation. Until such facts are not communicated, EQUITO shall be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.
7. TOKEN PURCHASE PROCESS
The Registered Investor User will be enabled to make investments within the section called "Properties". Said investment process will include the selection by the User of the property of his choice. Then, once the User has selected the property of his/her choice, he/she must select the option "Buy token" indicating the amount of tokens he/she wishes to acquire. Once this step is completed, the User must select the "Verify Order" option, which will result in the generation of a document containing the relevant details of the User. This document will require the User's acceptance and signature, thus formalizing the agreement.
The price or contribution for each Token will be indicated from time to time in the corresponding offering document (Offering Document). The reference currency for the calculation of the price or contribution will always be the Euro. In case of making the contribution payment in a cryptocurrency other than the Euro, the provisions of the Offering Document for the calculation of the price or contribution in cryptocurrencies shall apply.
Form of payment
The User agrees to the realization of the payment or contribution for each Token subscribed during the period of the Issuance. The User agrees to transfer its contribution through the payment systems of the platform to be used in its case, through a transfer to a bank account or to the Blockchain address indicated by the Issuer. The details of such transfer will be indicated by the Issuer within two business days following subscription of this Agreement.
The Token Price paid by the User as a contribution shall not be returned or refunded and the User has no right to withdraw from this Agreement. Refunds will only be made in the event that the offered amount is not reached, as stipulated in the Issuing Document.
The payment operations are exclusively conducted through our secure server using our payment gateways. Equito app will not sell, purchase, provide, exchange, or disclose any Account or Transaction data, or personal information of Cardholders to any third parties, except the Acquirer, Card networks/associations, or in response to valid government demands.
Receipt of tokens
Once the subscription period for the Tokens, as defined in clause 5.7 of the Offering Document, has ended and the Users have paid the Token Price, the Issuer will proceed to send the corresponding Tokens to the User wallets that the Company has created for them. The Issuer reserves the right to modify at any time the requirements relating to the User wallets to store the Tokens at any time and unilaterally.
The general rule, unless otherwise agreed by the User, is that the Tokens will be kept, at the time of purchase, by the Issuer. However, in the event that the User wishes to transfer such Tokens to a third party, he/she must previously inform the Issuer so that the latter may transfer them to his/her Wallet and provided that the third party passes a KYC process and is admitted by the Issuer. The additional costs incurred for the transaction shall be borne by the User and the User shall always be informed thereof.
Further token transmission
The User may transfer the Tokens to third parties or entities. The transmission of the Tokens will produce the effects of the assignment of credits on the rights, obligations and accessory rights associated with each Token.
The User, in its position as transferor, undertakes to inform the transferees that they must comply with the full content of this Agreement and the Issuing Document. In this regard, the Issuer shall not be liable for any liability of any kind arising from the failure of the transferor User to fully inform the transferees.
In order for such assignment of receivables to produce binding effects for the Issuer, both the assignor and the assignee must comply with the following conditions:
a. The User, as transferor, shall transmit the Tokens to the public key of a Wallet that is compatible with the blockchain used for the Issuance of the Tokens;
b. The transferor shall notify the Issuer that it has transferred part or all of its Tokens and, consequently, the rights associated with them.
If applicable, the transferee, after receiving the Tokens, shall proceed to register in the APP enabled for the transfer of the Tokens and collection of the yields, and thus be able to exercise the rights and actions that may correspond to it against the Issuer associated with the Tokens.
In the event that the User, in its capacity as assignor, wishes to assign the credits associated with the Issuing Document, but without proceeding to the transmission of the Tokens, it must previously request the option of de-tokenization to the Issuer.
8. TOKEN REPURCHASE BY EQUITO
EQUITO offers Users who have invested in a project the possibility to sell their tokens to EQUITO under specific conditions.
The User who so wishes may do so by selling the tokens to EQUITO, who shall acquire them for a commission of 3% of the initial purchase price, provided that he has not withdrawn the proceeds from his personal account. In such case, they shall be deducted from the repurchase price.
The repurchase procedure will be carried out through the Equito App platform itself and will be reimbursed to the internal account created for the User within the platform.
The final repurchase price of the token will be displayed on the platform from time to time as indicated above and constitutes an essential part of the specific conditions of the repurchase, which will be annexed to these Repurchase Conditions when the repurchase has been executed.
Sending tokens to EQUITO
In the event that the User itself was guarding its own Tokens, after acceptance of these Terms of repurchase, it shall proceed to send the corresponding Tokens to the wallet indicated by EQUITO on the platform or, where appropriate, to the wallet corresponding to the smart contract that had created the Tokens from their origins. EQUITO reserves the right to modify at any time the requirements relating to the User wallet to store the Tokens at any time and unilaterally.
In the event that the User does not properly transfer the Tokens to the wallet(s) indicated, he/she may lose the right to transmit them again and shall not be entitled to receive compensation for the Tokens, except for the economic rights associated with such Tokens, until the end of the duration of the offer as indicated in the Offering Document.
Assignment of the underlying rights through the transfer of the tokens
The transfer of the Tokens to EQUITO shall produce the effects of the assignment of credits on the rights, obligations and accessory rights associated with each Token.
In order for such assignment of credits to produce binding effects for the Issuer, both the assignor (the User) and the assignee (EQUITO) must comply with the following conditions:
In the event that the User has the Tokens in his own wallet, he, as transferor, shall transmit the Tokens to the public key of a Wallet that is compatible with the blockchain used for the issuance of the Tokens. In case the Tokens have not yet been delivered to him, this requirement shall not apply;
The minimum requirements set forth in the Second Stipulation of these Repurchase Conditions must be met.
Access as a Registered User will remain in force for an unlimited period of time until the User notifies EQUITO of his or her cancellation as a User to the following e-mail address: contact@equito.App.
10. EXCLUSION OF LIABILITY
EQUITO works to ensure that the services and functionalities of the Platform are always available. However, when you access it, it will be shown according to the availability and limitations that occur at any given time.
10.2 Scope of EQUITO's control
Despite the Holder's continuous effort to protect the systems and content included in the Platform, for which purpose it employs security standards and regulatory compliance, it is not possible to offer full guarantees in relation to intrusions or loss of information that may occur. Similarly, the absence of viruses or other harmful elements in the Platform or third party websites that may cause alterations in the computer system, both software and hardware, the User can not be guaranteed. For this reason, the User assumes and understands that there are situations that may be beyond the control of EQUITO.
10.3 Responsibility for links to third parties
The Platform may include links to pages or sites of third parties outside the Holder, for which it assumes no responsibility by not approving or reviewing their functions and contents. The User who accesses any link published on the Platform does so at his own risk and risk, without the Holder assumes any responsibility for it.
10.4 Responsibility for misuse of the Platform
Similarly, the Platform is exempt from any liability arising from misuse by users, as well as for breach of obligations or commitments under these conditions or any other applicable.
11. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All intellectual and industrial property rights on the Platform and its contents, including programming, design, applications, graphics, codes, text or images, trademarks, trade names, logos and other elements present therein belong exclusively to the Owner, including the EQUITO brand, or has sufficient rights and / or authorizations for its exploitation. As a result of the foregoing, any reproduction, distribution, public communication (including making available), transformation or any other form of exploitation, not even quoting the sources, is prohibited, except with the prior express written consent of the Proprietor or the exclusive owner of the rights concerned. If you detect any infringement, please inform us at the e-mail address indicated in the header.
The Proprietor may sanction any of the Users who violate the conditions applicable to it, with the impossibility of accessing, temporarily or indefinitely to the Website. The duration of the sanction will depend on the type of infringement committed. The restriction of access will in no case entail the right to compensation.
Any damage, injury, loss or cost (including attorney's fees and / or attorneys) arising from a breach by the User of these Terms or any other applicable, incurred by EQUITO shall be compensated by the User who caused it. This includes any third party claim arising from such breaches.
13. MODIFICATION OF CONDITIONS
EQUITO reserves the right to modify these Terms, as well as other policies or conditions available at any time on the Platform, at any time. However, the User shall be subject to the Conditions in force at the time of making a purchase or investment, unless, by legal imposition or by requirement of public authorities, these Conditions must be modified, in which case such changes will be applicable to purchases in progress.
14. SUSPENSION AND TERMINATION
The breach of any of the above obligations by the User may lead to the adoption by EQUITO of appropriate measures protected by law and in the exercise of their rights or obligations, and may reach the deletion or blocking of the account of the offending User so that you can not purchase the Products, without the possibility of any compensation for damages caused.
EQUITO reserves the right to alter, modify or discontinue any feature of the Platform.
15. PRIVACY AND DATA PROTECTION
EQUITO makes available to the User the following email contact@equito.App in order to provide support and assistance, as well as to receive any comments or concerns of the User, both during the process of contracting services as a posteriori.
In addition, it should be recalled that User has the contact details of EQUITO reflected in paragraph 1 of these Conditions.
The headings of the various clauses are for information purposes only and shall not affect, qualify or extend the interpretation of these Conditions.
The temporary validity of the present Conditions coincides, therefore, with the time of its exhibition, until it is totally or partially modified, at which time the new modified Conditions will come into force.
In the event that any provision of these Conditions is declared void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such invalidity shall not affect the remaining provisions of the Conditions.
The failure of EQUITO to exercise or enforce any right or provision contained in these Terms shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by EQUITO.
These Conditions shall be kept in electronic format by EQUITO and shall be permanently available to the User.
If, after completing all the necessary steps to navigate and access the Website and perfect these Conditions, the User identifies any error when entering your data, you should contact EQUITO through the contact form or email address. It will provide the necessary support and correct, if necessary, the errors identified.
Unless otherwise provided in these Terms, notices between the User and EQUITO shall be made in writing by email to the relevant addresses. For these purposes, the contact details of EQUITO shall be those appearing in these Terms and the contact details of the User shall be those set out in the Platform.
18. COMPLAINTS SYSTEM
If the User considers that any of its rights have been violated, EQUITO proposes to communicate it through the email contact@equito.App enabled for this purpose. EQUITO undertakes to respond and address their concerns regarding the alleged infringement of rights.
Once all information is received, EQUITO may take the necessary steps to investigate and resolve the situation.
In no case shall the implementation of any measure mean the admission by EQUITO of any liability. EQUITO reserves the right to exercise any right, action or defense.
The User may not assign this contract (in whole or in part), without the prior written consent of EQUITO. However, EQUITO may assign all or part of this Agreement to any entity that may take over in the future of the provision of the Services included in the Web.
The language applicable to the present Conditions is Spanish. If versions in other languages, such as English, are provided, it will be only as a courtesy and for the User's convenience. In case of contradiction, the Spanish version shall prevail.
21. APPLICABLE LAW AND COMPETENT JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with Spanish law (except for its conflict of law provisions). In any case, if the User is a consumer - for the purposes of the LGDCU - and resides in a country of the European Union, he/she will also be protected by any mandatory provision of the legislation of his/her country of residence.
In the event of any conflict or discrepancy arising in the interpretation and/or application of the Conditions, the competent Courts shall be those provided for in the applicable legal regulations, and if permitted, all litigation shall be submitted to the Courts and Tribunals of the city of Madrid.
The European Commission provides an online dispute resolution platform (Online Dispute Resolution in Consumer Disputes under Art. 14.1 of Regulation (EU) 524/2013) which is available at the following link: http://ec.europa.eu/consumers/odr/.
Last update: August 16, 2023
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