IDENTIFICATION DATA OF THE OWNER OF THE SERVICES TRIPLE TECHNOLOGIES LTD
Tax ID nº 347045895
Address 20-22 Wenlock Road, N1 7GU, London, England
Registered in the United Kingdom Trade Register
Contact email: firstname.lastname@example.org
1. ACCESS AND USE OF THE SERVICES OFFERED BY TRIPLE
1.1. Access to the Website
These general terms and conditions (hereinafter, the "General Terms and Conditions") govern the use of the website www.jointriple.com (hereinafter, the "Website") belonging to TRIPLE. The purpose of this Website is to provide users with information about the products and services offered by TRIPLE.
1.2. Acceptance of the General Terms and Conditions and, where applicable, the Specific Terms and Conditions
Access to the Website implies acceptance by the user of these General Terms and Conditions, so please read them carefully before using the Website. If you do not accept these Terms and Conditions, please refrain from using the Website and its content.
Subscription to the products or any of the related services may be subject to special conditions that may be established by TRIPLE from time to time. These conditions may supplement, modify or replace, where appropriate, the General Conditions. Hereinafter, any of the aforementioned conditions, or any other specific conditions of other services offered by TRIPLE from time to time, shall be referred to as the "Specific Conditions".
TRIPLE also informs users that these General Conditions and, where applicable, the Specific Conditions, may be adapted or modified at any time without prior notice. Consequently, the user must read and accept any new versions of the General Conditions and, where applicable, the Specific Conditions.
1.3. User registration and identification with TRIPLE (electronic signature)
TRIPLE does not require prior subscription or registration for simple browsing or for access to or use of certain services on its website. However, in order to actively use the TRIPLE Service, Users must first register and create a profile.
In particular, the User will activate an e-mail address and a personal password in order to be able to operate in TRIPLE as a User for all purposes. These identification mechanisms and their use through the TRIPLE platform will, for all purposes, have the status of the User's electronic signature in their relations with TRIPLE and with the businesses and financial institutions that participate in TRIPLE (hereinafter, "Electronic Signature").
The Electronic Signature of each User shall be personal and non-transferable, and the User shall be obliged to inform TRIPLE of any changes that may occur in their personal details. It is the User's responsibility to exercise due diligence to prevent access and/or use by third parties who access or use the Electronic Signature on their behalf. Likewise, the User will be solely responsible for the choice, loss, theft or unauthorised use of any identification code or password and for the consequences that may arise from this.
In any case, the User shall be responsible for the proper use of the Electronic Signature and must refrain from using it for illicit purposes or effects or contrary to the provisions of these General Conditions and any Specific Conditions.
2. TRIPLE'S LIABILITY IN RESPECT OF THE INFORMATION CONTAINED ON THE WEBSITE
2.1. Operation of the Website
TRIPLE makes its best efforts to keep the Website in good working order, avoiding errors or, where appropriate, repairing them, and keeping the contents of the Website duly updated. However, TRIPLE does not guarantee the availability and continuity of access to the Website or the absence of errors in its content, nor does it guarantee that the content will be updated in a timely manner. The user accepts the foregoing and undertakes to exercise the utmost diligence and prudence when accessing and browsing the Website or using the content, information and services available on it.
2.2. Modifications to the information on the Website
TRIPLE reserves the right to make, at any time and without prior notice, modifications, deletions or updates to the information contained on the Website, its configuration or presentation.
2.3. Website content
The user undertakes and undertakes not to use the content available on the Website at any time in any way that may constitute a violation of any rules or violate morals, good customs or the image and good professional name of TRIPLE or its collaborators.
TRIPLE accepts no liability for any consequences that may arise from improper use or negligence on the part of users in relation to said content.
2.4. Use of the information on the Website
Both access to the Website and the use that may be made of any information contained therein is the sole responsibility of the user. Consequently, TRIPLE accepts no liability for any damages that may arise, directly or indirectly, from accessing or using the information contained on the Website.
Furthermore, TRIPLE accepts no liability for any damage or harm to the user's software or hardware arising from access to or use of the Website.
2.5. TRIPLE's non-liability for damages
In addition to the above, and to the extent permitted by law and except as provided in any other General or Specific Conditions, in no event shall TRIPLE be liable for personal, incidental, special, direct or indirect damages, including, without limitation, damages for loss of profits, loss of or failure to obtain employment, loss of data, business interruption or any other commercial damage or loss, related to the use or inability to use the application, regardless of the cause, regardless of the theory of liability (contractual or non-contractual or otherwise) and even if the user has been advised of the possibility of such damages. In no event shall liability for all damages (except as required by applicable law) exceed five thousand Euros (5,000 Euros).
3. USER’S LIABILITY
4. HYPERTEXT LINKS POLICY (LINKS)
4.1. TRIPLE accepts no liability whatsoever for the connection or content of hypertext links to third party websites, nor does their existence imply that they endorse, promote, guarantee or recommend the linked websites.
4.2. In addition, third parties intending to include a hypertext link to the TRIPLE website must obtain prior express written consent from TRIPLE. In any case, TRIPLE accepts no liability whatsoever for the connection or content of third-party hypertext links.
5. PRIVACY AND COMMERCIAL COMMUNICATIONS POLICY
5.1. If you provide us with your e-mail address so that we can keep you informed of TRIPLE products and services, or if, while browsing, making enquiries, requests, simulations through the Website or subscribing to TRIPLE products and services, you provide us with personal data, the provisions of TRIPLE's Privacy and Commercial Communications Policy shall apply, which must be accepted beforehand by the user.
6. INDUSTRIAL AND INTELLECTUAL PROPERTY
6.1. All the contents of the Website (including, but not limited to, databases, images, photographs, patents, utility and industrial models, drawings, graphics, text files, audio, video and software), as well as the products and services offered through it, are the property of TRIPLE or its suppliers, in the latter case having been licensed or assigned by them and are protected by Spanish or international intellectual and industrial property regulations. The compilation (understood as the collection, design, arrangement and assembly) of all the content of the Website is the exclusive property of TRIPLE and is protected by the applicable regulations on industrial and intellectual property.
6.2. All software used in the use and development of the Website is the property of TRIPLE or its software suppliers and is protected by industrial and intellectual property laws.
6.3. The brands, signs, distinctive signs or logos that appear on the Website, or on the products and services offered through it, are the property of TRIPLE or its content providers and are duly registered or in the process of being registered. The names of other products, services and companies that appear in this document or on the Website may be trademarks or other registered distinctive signs of their respective and legitimate owners.
6.4. All texts, graphic designs, videos or audio supports are the property of TRIPLE, or its content providers, and may not be subsequently modified, copied, altered, reproduced, adapted or translated by the user or third parties without the express authorisation of the owners of said content.
6.5. Making available to users the databases, images, photographs, patents, utility and industrial models, drawings, graphics, text files, audio, video and software owned by TRIPLE or its content providers that appear on the Website does not imply, under any circumstances, the transfer of ownership or the granting of a right of exploitation in favour of the user other than the use that involves legitimate use and in accordance with the nature of the services.
6.6. Any use of the contents of the Website that is made without the authorisation of TRIPLE is strictly prohibited, including their exploitation, reproduction, dissemination, transformation, distribution, transmission by any means, subsequent publication, exhibition, public communication or total or partial representation, which, should they occur, shall constitute infringements of TRIPLE's intellectual property rights, punishable under applicable legislation.
7. LICENCE FOR USE OF THE WEBSITE
7.1. TRIPLE grants the user a right of use or licence, not a licence to sell, for the use of the services through the Website, which shall be governed by the terms described herein (hereinafter the "Licence"). TRIPLE reserves all other rights not expressly granted.
7.2. The Licence to use the services through the Website is a non-transferable licence to use the Website on any compatible device owned or controlled by the user, as permitted by the rules of use set out in these Terms and Conditions.
7.3. The User may not rent, lease, lend, loan, sell, redistribute or sublicense the Website. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code, modify or create derivative works of the Web Site, all updates, or any part thereof (except and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent permitted by the terms of the licence to use any of the source open source components included in the License). Any attempt to do so is a violation of TRIPLE's rights. Failure to comply with these restrictions may result in legal action and damages. The terms of the Licence shall also govern any updates provided by TRIPLE which replaces and/or supplements the services, unless such update includes a licence of its own, in which case the terms of such licence shall govern.
8. ACCESSING THE WEBSITE FROM MOBILE DEVICES
8.1. All the provisions of these Terms and Conditions shall apply to access made by the user via mobile phone, other mobile devices or computer equipment that allow access to the Website from time to time.
8.2. In this regard, the user is informed that TRIPLE does not charge for mobile access to the content or services of the Website, but that the user's telephone operator will apply the tariff contracted for sending and receiving data.
8.3. TRIPLE accepts no responsibility for any restrictions imposed by the telephone operator that may prevent the content or services of the Website from being normally accessible.
9. ACCESSING THE WEBSITE FROM MOBILE DEVICES
9.1. Access to and use of the Service shall be governed by and construed in accordance with Spanish law.
9.2. Any dispute that may arise between TRIPLE and the user shall be settled, with express waiver by the parties of their own jurisdiction, by the Courts and Tribunals of the city of Madrid (Spain).
1. TRIPLE’S SPECIFIC TERMS AND CONDITIONS FOR BUSINESSES AND THEIR ACCEPTANCE
1.1. These specific terms and conditions for contracting the service offered by TRIPLE to businesses (hereinafter, the "Specific Conditions") regulate the access and use of the service offered by TRIPLE to businesses, which consists in the automatization of rewards programs for businesses which are members of TRIPLE (hereinafter, "Business/es"), and which connects these Businesses with financial entities, through the corresponding TRIPLE's API (hereinafter, the "TRIPLE’s Business Service" or the "Service"), via TRIPLE’s technology platform (hereinafter, "TRIPLE’s Platform").
1.3. The sole use of TRIPLE’s Platform and, consequently, of TRIPLE’s Business Service implies the automatic, full and unreserved acceptance by the Business of the provisions established in the documents entering the Contractual Relationship, in the version published on TRIPLE’s website at each time. In this sense, TRIPLE reserves the right to introduce modifications and changes in the above-mentioned documents, so it is the Business duty to periodically check for any possible modifications, in order to comply with the Contractual Relationship at all times. Although, all modifications will be notified to the Business, prior to their implementation.
1.4. TRIPLE and the Business may be referred to individually as a "Party" or jointly as the "Parties".
2. CONTRACTUAL DOCUMENTATION AND ORDER OF PRECEDENCE
2.2. This contractual documentation supersedes any previous agreement between the Business and TRIPLE on the same subject matter.
3. CONTENT OF TRIPLE’S SERVICE FOR BUSINESS
3.1. Businesses will be registered on TRIPLE’s Platform, where they will have access to the information regarding the transactions made by their customers. The Business’s customers must have given their authorization. The obligation to inform the Business’s customers corresponds either to the Business or to the corresponding financial entity.
3.2. TRIPLE will link, through its API, the relating data to the transactions carried out by the Business with its customers and with the financial entities.
3.3. The Business’s customer will accumulate the prizes or rewards generated at any given time through the relevant Business’s rewards program. This information will be available on TRIPLE’s Platform for the Business and through the corresponding financial entity’s application for customers.
4. ACCESS AND REGISTRATION TO THE CONTENT OF TRIPLE’S SERVICE FOR BUSINESSES
4.1. In order to register on TRIPLE’s Platform, the Business is required to identify itself on TRIPLE’s Platform by means of an e-mail address and a password (hereinafter, "Identification"), which allows access to TRIPLE’s Platform.
4.2. Once registration on TRIPLE’s Platform is completed, the Business may access TRIPLE’s Service to Businesses, by means of prior Identification.
4.3. The Businesses will have an own space on TRIPLE’s Platform, where they will have access to all the information regarding the transactions carried out by its customers in the corresponding rewards programs with each of the related financial entities. Subsequently, once customers comply with the requirements established in each of the rewards programs, they will be able to request their redemption or unblock from the corresponding financial entity.
4.4. The subscription to TRIPLE’s Service for Businesses is unipersonal and non-transferable to third parties. If any abusive, fraudulent or illegal use is detected, or any use that is not in accordance with the conditions set out herein or with any of the documents that make up the Contractual Relationship, TRIPLE reserves the right to cancel the Business’s subscription, notifying the Business by e-mail, without this entailing the accrual of any sums for the Business.
5.1. TRIPLE represents and warrants that it holds all rights, authorizations, licenses, permits and consents necessary to provide the Service. It also warrants that it will provide the Service with the diligence of a respectable businessman. financial entity.
5.2. The Business represents and warrants that it holds all rights, authorizations, licenses, trademarks, permits and consents necessary for the conduct of its business and for the marketing of its products and services. The performance of its activity will not harm TRIPLE or TRIPLE's image and, in particular, it may not introduce any type of virus or malware on the website or in TRIPLE’s Platform. It also warrants that it will provide the Service with the diligence of a respectable businessman.
6.1. Both Parties shall be liable to the other Party for any breach of the obligations contained in these Specific Conditions and the other documents of the Contractual Relationship.
6.2. The Business shall indemnify and hold TRIPLE harmless against any possible claim that a third party may file against TRIPLE, in particular by financial entities, regarding the non-payment or non-fulfilment of the obligations established in the rewards programs. In particular, the Business shall reimburse TRIPLE for all the expenses incurred in its defense against the claim and shall pay any compensation or payments that TRIPLE might be required to make to the claimant, whether by judgment, administrative resolution or agreement, and any other damages to TRIPLE that derive directly or indirectly from the claim.
6.3 TRIPLE shall be exonerated from any liability in case of any malfunction of TRIPLE’s Platform that prevents the normal performance of the Service for external circumstances and, in particular, for external acts of malicious misconduct. Also, TRIPLE is exempt from any liability if, due to force majeure, by events beyond its control or for justified reasons, was forced to cancel or suspend the Service, not being able to be held liable for these reasons.
7. DATA PROTECTION
7.1. The Service provided under this Specific Conditions may entail the processing of personal. Due to the nature of the Service, TRIPLE may have access to personal data on behalf of the Business ("Personal Data").
7.3. In particular, when TRIPLE holds the status of Data Processor, in accordance with the applicable regulations, the Parties shall sign the corresponding Agreement on the Processing of Personal Data (hereinafter, "DPA"), which shall set out the purpose, duration, nature, form of processing and purpose of the processing, the type of personal data and categories of data subjects, and the obligations and rights of both Parties with respect to the Personal Data, each acting reasonably and in good faith.
8.1. During the provision of the Service, both Parties may exchange information of a secret or confidential nature. In this regard, "Confidential Information" shall be understood to be all documentation and information, regardless of its form, that either Party provides to the other Party, including the groups’ companies information of each Party. Confidential Information shall include, but not be limited to: commercial, economic, strategic, know-how, marketing, trade secrets, studies, reports or information of a confidential nature of third parties that a Party provides, whether or not identified as confidential, or that is obtained by the other Party, before or after the acceptance of these Specific Conditions. The obligation of confidentiality also applies to all employees, consultants, contractors or any third parties (hereinafter "Related Persons") acting on behalf of or in representation of either Party who have access to the Confidential Information. The Parties shall be liable for the breaches of the Related Persons in relation to the Confidential Information.
8.2. TRIPLE and the Business shall use the Confidential Information received with the sole objective and purpose of providing and receiving the Service, which is the object of these Specific Conditions, to which the provisions herein shall apply insofar as they are not modified by any other subsequent agreement.
8.3. At any time, at the request of one of the Parties, the other Party shall immediately return or destroy all Confidential Information and copies thereof.
8.4. The Confidential Information received may not be reproduced or disclosed in any form whatsoever, except for internal use when this is necessary for the fulfilment of the purpose described above, and provided that adequate measures are taken to ensure strict compliance with the duties of confidentiality by the Parties and the Related Persons. The Parties undertake, regarding the other Party’s Confidential Information to use, at least, the same level of diligence as they would use regarding their own Confidential Information, and in no event less than reasonable care.
8.5. When either TRIPLE or the Business are legally required to deliver or disclose Confidential Information when required by law, a court of competent jurisdiction or any governmental or regulatory authority, prior written notice shall be given to affected Party, with the greatest possible urgency and with a copy of the documents and information relevant to such legal action, whenever legally possible.
8.6. The duty of confidentiality set out in this clause shall remain in effect even after the termination of this Specific Conditions for a period of five (5) years after termination.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. Both Parties recognize the ownership of the other Party’s intellectual and industrial property rights, including but not limited to trademark rights, patents, trade secrets or image rights owned at the time of the Identification or at the time of starting the provision of the Service or arising as a consequence of the performance of their obligations, on the logos, ideas, software, platform, design, models and any other creation, sign or element protected by similar rights (hereinafter, the "Intellectual Property Rights").
9.2. TRIPLE shall retain, in particular, all Intellectual Property Rights over its website and its brand and the Busines shall retain all Intellectual Property Rights over its brand and commercial signs, as well as over its website or the platforms that it may use to carry out its activity.
9.3. The Business authorizes TRIPLE to use, during the term of the provision of the Service and for the whole world, the Intellectual Property Rights over the Business's trademarks and commercial signs and in its products and services to the extent necessary or related to the provision of the Service (including to display the Business’s trademarks on TRIPLE's website) and to carry out any communications or advertising campaigns it deems appropriate to promote the Service and under the instructions that, where appropriate, the Business may give TRIPLE (hereinafter, the "License"). The License is granted by the Business on a non-exclusive, irrevocable, free, universal and sub-licensable basis to third parties.
9.4. The Business warrants TRIPLE that it has the necessary rights to grant the License for the promotion of the Service and that the use of the Intellectual Property Rights does not constitute legal infringement, nor infringement of the rights of any kind of third parties, nor breach of obligations contracted with third parties, nor does it constitute unfair competition.
10. PRICE AND TERMS OF PAYMENT
10.1. The Business undertakes to pay TRIPLE the price of the Service (hereinafter, the "Price") agreed from time to time by TRIPLE and the Business.
10.2. In addition, the Business shall determine, together with TRIPLE, within limits applicable to all Businesses, the quantitative and qualitative requirements of their respective rewards programs, which customers must meet. All this information will be available at all times on TRIPLE’s Platform (hereinafter, Generated Cashback”).
The method or variable selected by the Business will appear on TRIPLE’s Platform and the Business may request a modification of the same, with at least a prior thirty (30) working days' notice to TRIPLE.
10.3. The Business shall pay TRIPLE the amount accrued in accordance with the agreement in the previous sections in arrears, that is to say, the Price and the Generated Cashback. For this purpose, TRIPLE will issue an invoice to the Business, which shall include the two separate above-mentioned items, which the Business shall pay by bank transfer within thirty (30) days of its electronic remittance.
10.4. TRIPLE shall have no obligation to provide TRIPLE’s Service to Businesses if the Business has not paid the Price or the Generated Cashback or if it does not comply with the Terms of Payment within 30 calendar days of TRIPLE notifying the Business of the non-compliance.
10.5. In the event that the Business fails to fulfil its or any other conditions set out herein or in the Contractual Relationship, TRIPLE reserves the right to suspend TRIPLE’s Service to Businesses or to terminate the contractual relationship with the Business.
10.6. TRIPLE may change the Price at any time by giving 15 days' notice to the Business. In the event that the Business does not accept any changes to the Price, it may cancel the subscription free of charge.
TRIPLE’s Service to Businesses shall be provided indefinite.
Notwithstanding the foregoing, both TRIPLE and the Business may terminate the provision of the Service by notifying the other party, provided that at least 30 calendar days' notice is given prior to the termination date.
Any sums due to be paid by the Business shall be paid to TRIPLE in prior to the termination of the Service.
12. TECHNICAL SUPPORT
12.1. TRIPLE undertakes to provide the Business with the appropriate technical support to resolve incidents regarding TRIPLE’s Platform, at no cost to the Business. TRIPLE will provide the personnel and material resources at its disposal to resolve incidents related to TRIPLE’s Service to Business as soon as possible.
12.2. All incidents must be reported by email as soon as possible to the e-mail address email@example.com. The Business undertakes to provide the necessary data, whenever available, required to be attended by the technical support service.
12.3. Any complaint must be made in writing within thirty (30) calendar days of the provision of the Service that are the subject of the complaint. TRIPLE's liability shall in all cases be limited to correcting or re-performing the Service that has been provided in breach, this being the only right that may be claimed by the Business.
In the event that any of the clauses included in these Specific Conditions should be declared totally or partially null and void or ineffective, such nullity shall only affect said clause or the part thereof that is null and void or ineffective, and the rest of the clauses shall remain in force in all other respects.
14. APPLICABLE LAW AND JURISDICTION
The relationship between the Parties shall be governed by Spanish law. For any controversy directly or indirectly related to the Contractual Relationship, the Parties submit to the Courts and Tribunals of Madrid.
All rights reserved. December 2021. TRIPLE TECHNOLOGIES, LTD.
For and on behalf of _______________________________