Legal Notice
Please read this document carefully, as it governs access to, navigation of, and use of the website www.bclever.ai and the mobile application “bcleverapp” (jointly, the “Website”).
Hereinafter, “User” shall mean the person who accesses, browses, uses the Website and/or purchases the products and/or services offered through it. Access to and use of the Website grants You the status of User and implies knowledge and acceptance of all the conditions included in this Legal Notice.
Compliance with and observance of this Legal Notice shall be required of any User, so if You do not agree with the terms set forth herein, do not access, browse, or use the Website.
Introduction
Purpose and general conditions of use of the Website
Access conditions
Participation spaces and tools
Intellectual and industrial property
Links
Limitation of liability
Amendments to the Legal Notice
Applicable law and competent jurisdiction
Who is the Data Controller?
The Website is owned by and managed by the company named BCLEVER PAYMENTS, S.L. (hereinafter, the “Company”), with registered office at C/Manuel Tovar 49, 28034 Madrid, Tax Identification Number (NIF) B87680302, registered with the Commercial Registry of Madrid, in volume 35,309, page 60, section 8, sheet M-634,744.
You may contact the Company by email at hello@bclever.ai and by regular mail at the address corresponding to its registered office.
Purpose and general conditions of use of the Website
2.1. This Legal Notice governs access to, navigation of, and use of the Website
2.2. For the purposes of this Legal Notice, Website shall be understood to include all subdomains and directories included thereunder, including its source code, as well as any information appearing and/or that may be viewed therein, including, by way of example but not limitation, photographs, text, videos, distinctive signs, press news, trademarks, trade names, and any other creations and services, as well as those other creations, contents, and/or services which, even if not visible, are protected (the “Content”).
2.3. The purpose of the Website is to share, promote, and publicize the Company’s activity, as well as the products and/or services offered through the Website. The bcleverapp Service and the purchase of Products/Services — as those terms are defined in the General Terms and Conditions of Purchase — shall be governed by the following General Terms and Conditions of Purchase.
2.4. Through the Website, the Company offers Users, among other things, (1) the possibility of accessing information about certain establishments previously selected by the Company (the “Venues”) and (2) the possibility of purchasing products offered by them, and the User may benefit from discounts and/or privileges in the purchase of such products.
The Website is intended only for adults (18 years of age or older). In this regard, the User represents and warrants that they are of legal age and releases the Company from any liability arising from the falsity of such representation.
2.5. Under no circumstances shall the User use the Website or the Content to: (i) engage in unlawful, illegal activities or activities contrary to good faith, morality, and public order; (ii) cause damage to the Company’s, its suppliers’, or third parties’ physical and logical systems by, among other things, breaching the Website’s security systems, introducing viruses, and/or installing robots or software; or (iii) introduce or disseminate computer viruses or any other physical or logical systems on the network that are likely to cause the aforementioned damage.
2.6. The Company reserves the right to deny, modify, and/or withdraw access to the Website, the Content, that is, the bcleverapp Service, and/or the Products/Services offered without any prior notice to Users.
2.7. Likewise, the Company reserves the right to make, without prior notice, any changes it deems appropriate to the Website, the bcleverapp Service, the Content, and/or the Products/Services offered, among other reasons, to improve the quality, performance, and efficiency of its system, the Website, and its connection, and may change, remove, expand, or reduce the bcleverapp Service, the information, the Content, the Products/Services, as well as the manner in which they are presented or located.
Likewise, the Company, if necessary, may limit access to certain Content, information, Products/Services, and may even remove the Website from the Internet and therefore cease providing the bcleverapp Service.
The User shall be deemed to accept the changes made to the Website if, after such changes, they access, browse, or use it.
Access conditions
3.1. Access to, navigation of, and use of the Website, that is, the bcleverapp Service, is free of charge and unrestricted, and use thereof requires prior registration, without this implying the purchase of any Product/Service. The User’s registration either on the Website or through the bcleverapp App entails the creation of a bcleverapp account in which the User’s activity, as well as the data provided, are recorded, and through which the User may enjoy the bcleverapp Service and purchase Products/Services (the “bcleverapp Account”).
3.2. Before registering and sending any personal data through the Website, the User must carefully read the Privacy Policy. If, after reading it, the User clicks “Confirm,” the User accepts and consents to the processing of the personal data requested from them.
3.3. The data collected during User registration, as well as data provided by any other means through the Website, may be the User’s personal data, which shall be processed in accordance with our Privacy Policy.
3.4. The User must provide true, accurate, complete, and current data, and must enter, among other data, their first name and last name, date of birth, email, telephone number, and choose a password, which may be modified by the User through the “Profile” tab, a tab in which the User may also provide the Company with additional optional data for better provision of the services through the Website. The Company shall only request the data necessary for the purpose for which it is collected, that is, so that the User may enjoy the bcleverapp Service, purchase Products/Services, and/or review their activity through it.
We recommend that You protect your bcleverapp Account with a password that is difficult to guess, for example, a password containing combinations of uppercase and lowercase letters, numbers, and symbols.
3.5. In any case, the User may change their password at any time through the Website by accessing the “Profile” tab. Likewise, the User must be responsible for and act diligently with respect to the use and safeguarding of their username and password, which are private identifying elements, and therefore the holder of a bcleverapp Account is solely responsible for safeguarding them and for any activity or act carried out with their username and/or password.
3.6. If You notice any known or suspected unauthorized use of your username and/or password, please contact us through the email address provided at the beginning of this Legal Notice.
3.7. “Contact Us” Area
3.7.1. The Company makes available to Users a contact area through which they may send their comments and/or inquiries to the Company. The personal data that may need to be provided shall be processed in accordance with our Privacy Policy.
3.7.2. In the event that the User uses the contact area, the User warrants that they are the owner of the information provided or that they hold all rights necessary for its disclosure, that such information is true, accurate, complete, and current, and that it does not involve disclosure of confidential information or trade secrets without the corresponding consent, nor any breach of any exclusivity or right owned by a third party.
3.7.3. The User acknowledges that they assume any type of liability resulting from the disclosure of information, whether on their own behalf or on behalf of a third party, holding the Company harmless at all times.
Intellectual and Industrial Property
4.1. The Company is the owner of or has obtained the corresponding rights, licenses, and/or authorizations over the intellectual and industrial property rights of the Website, as well as over the intellectual and industrial property rights of the Content, computer programs, the selection and/or arrangement of the Website’s contents, and the products and/or services available through it.
4.2. Under no circumstances shall access to, navigation of, or use of the Website, the use of the bcleverapp Service, and/or the purchase of Products/Services through the Website imply any waiver, transfer, license, or assignment, in whole or in part, of any intellectual or industrial property right by the Company in favor of the User.
4.3. The use of trade names, trademarks, logos, or other distinctive signs, whether owned by the Company or by third parties, appearing on or included in the Website is strictly prohibited unless prior written consent has been obtained from the corresponding owner, whether the Company or any third party. Under no circumstances, except with prior written authorization granted by the Company or the corresponding third party, shall access to, navigation of, and/or use of the Website and/or the Content, the use of the bcleverapp Service, and/or the purchase of Products/Services confer upon the User any right whatsoever over the distinctive signs included in the Website.
4.4. Any use and/or exploitation of the Website and the Content that is not expressly authorized by the Company or the corresponding owner is expressly prohibited, including, by way of example but not limitation, the following: (i) removing, circumventing, or manipulating the copyright notice, any other identifying data of the rights belonging to the Company or third parties incorporated into the Content, as well as the technical protection measures, digital fingerprints, watermarks, or any information and/or identification mechanisms appearing on the Website and/or in the Content; as well as (ii) distributing, copying, publicly communicating, transforming, marketing, transforming, reproducing, in whole or in part, downloading, and/or deleting the Content and/or the Website.
4.5. Ultimately, any use not expressly authorized by the Company or, where applicable, the corresponding third party, shall be considered a serious breach of intellectual or industrial property rights and shall give rise to the corresponding compensation for damages by the User.
Links and third-party applications
Neither the inclusion of links or connections to external connections nor references to the Website on third-party websites shall imply any type of collaboration, association, merger, or participation of the Company with the connected entities.
5.1. Links to third-party websites and third-party applications
5.1.1. The links or connections that may appear on the Website and that have been included by the Company are made available to the User solely for the purpose of facilitating access to other third-party content (the “Third-Party Links”). However, it is stated that the Company does not manage the websites to which they redirect and is not responsible for their content, unless expressly stated otherwise in the corresponding Legal Notice of the website to which they redirect.
5.1.2. The Website is integrated with third-party applications, websites, and services (“Third-Party Applications”) to make content, products, or services available to You. These Third-Party Applications may have their own terms and conditions of use and privacy policies, and the use of these Third-Party Applications shall be governed by and subject to those terms and conditions and privacy policies.
5.1.3 The User understands and accepts that the Company has no obligation whatsoever to control the Links and Third-Party Applications or the content included therein, and that the Company does not endorse or is not responsible for the behavior, features, or content of the Links and Third-Party Applications or for any transaction the User may carry out with the provider of such Links and Applications. However, the Company shall act with due diligence in the event that it becomes effectively aware that unlawful activities are being carried out through a Link or Third-Party Application or that assets or rights of a third party are being harmed.
5.2. Links to the Website
5.2.1. If the User is interested in establishing links to the Website, they must do so in accordance with the Law, this Legal Notice, and must comply with all of the following:
Request authorization from the Company to establish links to the website.
The link shall connect to the Website’s main page (Home).
The link must be complete and show the Website in its entirety.
Under no circumstances may the Website be linked to by means of a frame or border, that is, by incorporating it within the third party’s own page; nor may the Content be used separately and independently from the Website.
Under no circumstances may false, inaccurate, or incorrect statements and/or comments be made on the webpages where the link to the Website is inserted in relation to the Website, the Company, its partners, clients, products and services, or employees.
5.2.2. Notwithstanding the foregoing, the Company may at any time require the removal of such link without having to provide any justification whatsoever, a simple communication for that purpose being sufficient.
Limitation of liability
6.1. The User shall be responsible for the use they make of the Website and the Content. Accordingly, the Company assumes no liability whatsoever arising from the use the User makes of the Website and/or the Content, as well as for any damages that may be caused to third parties by such use. In particular, the Company shall under no circumstances be responsible for any infringements of intellectual and industrial property rights that may be committed by Users.
6.2. In the event that the Website contains Third-Party Links or that the User’s bcleverapp Account is integrated with Third-Party Applications, it is stated that the Company shall exercise no control whatsoever over such sites or their content. Consequently, the Company shall assume no liability whatsoever for the information, products, services, advertising, links, and/or, in general, any content published on a third-party website, nor shall it guarantee their technical availability, quality, reliability, accuracy, scope, truthfulness, or validity.
6.3. The Company is not obliged to monitor or verify the truthfulness, accuracy, updating, or completeness of the data provided by Users, Users being solely responsible for any damages caused as a result of providing false, inaccurate, incomplete, or outdated data, thereby releasing the Company from any liability arising therefrom.
6.4. The Company assumes no liability for damages of any nature that the User or a third party may suffer in the following cases: (i) suspension, deletion, and/or modification of the Website and/or the Content; (ii) malfunction of the browser and/or the Website; (iii) damage to the User’s computer system (software and hardware) and/or to the files and content stored on said system caused, among other things, by the existence of viruses on the User’s mobile device or PC, browser malfunction, or any version thereof; (iv) possible security damage caused by actions of third parties; nor (v) in general, for any use of the Website and/or the Content that any User or third party may make.
Amendments to the Notice
7.1. The Company may alter this Legal Notice in order to adapt it to changes occurring on the Website or to legislative changes that may arise and affect it.
7.2. When significant changes occur in this Legal Notice, they shall be communicated to Users either through the Website or, where applicable, by email.
Applicable law and competent jurisdiction
8.1. The relationship between the User and the Company shall be governed by common Spanish law.
8.2. In the event that the applicable regulations provide for the possibility of submitting to a specific jurisdiction, the Company and the User, waiving their own jurisdiction or any other jurisdiction that may correspond to them, for the interpretation and resolution of any disputes that may arise between them as a result of this Legal Notice, submit to the jurisdiction of the Courts and Tribunals of Madrid city.