General terms and conditions

This document regulates the terms and conditions of use applicable to the portal https://www.imotionmobility.es. The use of the portal, whether as a Client or Advertiser (hereinafter referred to as ‘User’), requires the express and full acceptance of these Terms and Conditions. In the event that you do not agree with all or part of these Terms, we inform you that you may not use the services contained in the portal.
By accepting these Terms and Conditions, you represent that:

1. You have read, understand and understand what is set forth herein.
2. That you are of legal age and have sufficient legal capacity to use the platform and services contained herein.
3. That you assume all obligations and know your rights hereunder.

The acceptance of these Terms and Conditions by the Users is a previous and indispensable step to the use of the Service. In any case, INTEGRAL MOTION reserves the right to update and/or modify the Terms and Conditions at any time and for any reason at its exclusive discretion. INTEGRAL MOTION will notify the Users about any material change in the Terms and Conditions or in the Service.

1. LEGAL INFORMATION OF THE PARTIES.

The holder and owner of the Portal is the company INTEGRAL MOTION, S.L. (‘INTEGRAL MOTION’) with registered office in Avda. De Castilla Pol. Ind. San Fernando de Henares núm. 1 Oficina 12B, 28830, San Fernando de Henares (Madrid), NIF B86533874, registered in the Mercantile Register of Madrid, Volume 30283, Folio 19, Section 8ª, Page M-545041.

E-mail: alquiler@imotionmobility.es
A User of the portal shall be understood to be any person (Client or Advertiser) who:

1. Is registered in any of the platforms owned by INTEGRAL MOTION through which he/she accesses to the services of the Portal (accessing by means of user and password); 
2.  Is not registered in any platform, being able to access the portal, but not the platforms.
3. Has reached an agreement with INTEGRAL MOTION for the use of the portal or its services.

2. CONDITIONS OF SERVICE

2.1. Definitions

• Client/user: any user that accesses the web portal, either through any of the platforms owned by INTEGRAL MOTION or directly and that has the condition of Client of INTEGRAL MOTION.
• Visitor: any user that accesses the web portal as an external user, not being a Client of INTEGRAL MOTION.
• Advertiser: any user of the portal who offers his goods or services through the INTEGRAL MOTION platforms.
• Catalogue: products or services offered by the advertiser through the portal.
•  Buyer: any user who purchases the goods and/or services included in the Advertiser's catalogues.
• Linked sites: internet pages and portals accessible through the portal or platforms of INTEGRAL MOTION.

2.2. Service

The portal is an online platform that offers and allows the Clients the access to the advertisements published by the Advertisers, as well as to its content, such as products and services advertisements, making possible the acquisition of these goods and services contained in the catalogues, job offers, a directory of advertisers and the communication and accessibility between Clients and Advertisers.
INTEGRAL MOTION offers to the Advertiser the possibility of incorporating in its platforms its catalogues, so that the Advertiser can interact directly with the Clients of these platforms and offer them its products or services, or even by means of the integration with other external tools. 
In no case INTEGRAL MOTION intervenes in the provision of services or sale of products and / or services offered on the platform, nor in the billing or collection to customers for the acquisition of the same, being the sole responsibility of the advertiser.
Consequently, the Advertiser will be the one who establishes the prices of the goods and/or services offered, as well as the method of payment.
INTEGRAL MOTION will determine which specific services of the platform can be used by each specific User, either in a general way according to the type of Client/Advertiser, or through a specific agreement that determines it.
Access to certain services may require the user to set up his or her own portal or micro-site, which may be publicly accessible and must contain truthful information about the user or the entity he or she represents.

3. RULES FOR USE OF THE PORTAL AND ITS SERVICES

3.1. Registration procedure in the portal

The procedure to register as a user of the portal will be by means of one of the following options:

1. Being a Client of INTEGRAL MOTION in any of its platforms and having subscribed a contract with it either as a Client or as an Advertiser (Collaborator), being able to create, access and consult the advertisements through these platforms and having accepted the present terms and conditions.
2. Access as an external user, having only access to the content of the advertisements, but without being a Client of INTEGRAL MOTION.

In this case, you will only have access to the offers, but you will not be able to interact with the Advertiser or purchase the products, being necessary to register as a Client of INTEGRAL MOTION.

3.2. Conditions of the service

INTEGRAL MOTION will determine which specific services of the platform can be used by each specific User, either in a general way according to the type of Client/Advertiser, or through a specific agreement that determines it.
Access to certain services may require the User to previously configure his or her own portal or micro-site, access to which may be public and which must contain truthful information about the User or the entity he or she represents.
Once an advertisement is published, it can be consulted from the Portal and from each of the platforms of INTEGRAL MOTION previously mentioned. The advertisement will remain published in the Portal until the advertiser decides to deactivate it.
In the moment in which the client of INTEGRAL MOTION through any of its platforms and its different conditions of use, stops being a client of INTEGRAL MOTION or external user of the Portal, he will lose the possibility of creating new advertisements and all his advertisements will be eliminated from the Portal and from the different platforms property of INTEGRAL MOTION.

3.3. Contracting of third parties through the portal

Considering that the portal is an online platform, the Users recognize and accept that any contractual or extra-contractual relation that is formalized between Clients and Advertisers, as well as the commercial operations agreed between them, are understood to be carried out only and exclusively between the User and the Advertiser.
The User accepts therefore that INTEGRAL MOTION does not have any type of responsibility on the damages of any nature caused by reason of its negotiations, conversations and/or contractual or extra-contractual relations with the advertisers or third natural or juridical persons contacted through the Portal.

3.4. Rules of use of the portal

The present terms and conditions regulate the access and use of the service of the web portal that INTEGRAL MOTION makes available to the Users.
The access and use of the web portal and its contents attributes the condition of user of the same, and implies the unreserved acceptance by the user or visitor of each and every one of the conditions included in the present document, in the version published at the moment of accessing it.
The user or visitor of the portal is obliged to use it in a diligent and responsible way in relation to the contents and services that INTEGRAL MOTION offers through its web portal, and by way of example, but not limited to, is obliged not to use them to:

1. Incur in illicit, illegal or contrary to good faith and public order activities or incite to act illegally;
2. disseminate content or propaganda of a racist, xenophobic, pornographic-illegal, terrorist or human rights nature, content that violates communications and personal data rights, as well as the publication of advertisements that require health authorisation, defamation, slander and/or libel;
3. provoke damages in the physical and logical systems of INTEGRAL MOTION, of its Clients, Advertisers or third parties, introduce or spread in the network computer viruses or any other physical or logical systems that are susceptible to provoke the aforementioned damages;
4. attempt to access and, where appropriate, use the e-mail accounts of other users and modify or manipulate their messages;
5. use external software tools (bots, etc.) to copy, remove, renew or publish content without prior consent of INTEGRAL MOTION;
6. use the information present in the portal for any purpose other than the services offered in the portal. In particular, it is strictly forbidden the extraction, automated or not, of the data available in the portal, with the purpose of creating databases, elaborate
7. profiles or make any other exploitation of the same;

The User commits not to transmit, introduce, spread and make available to third parties any kind of material and information (programs, virus, macros, applets, ActiveX controls, data, contents, drawings, sound and image files, etc.) that are contrary to the law. ) that are contrary to the law, public order or that cause or are susceptible to cause any type of alteration in the computer systems of INTEGRAL MOTION or third parties.
In addition to what is stated in the previous sections, the User expressly agrees not to destroy, alter, disable or, in any other way, damage the data, programs or electronic documents and others that are in the Portal.
The User commits not to hinder the access of other users to the access service by means of the massive consumption of the computer resources through which INTEGRAL MOTION provides the service, as well as to carry out actions that damage, interrupt or generate errors in these systems.
The User of the portal must read carefully the present Terms and Conditions each time he/she intends to use the Web Site, since the conditions of use could suffer modifications, right that INTEGRAL MOTION reserves.
INTEGRAL MOTION reserves the right to interrupt, temporarily or definitively, at any time, for any reason and without previous notice, the access to the portal.

4. RESPONSIBILITY

The portal is a platform in which INTEGRAL MOTION acts as a mere intermediary between the Client and the Advertiser, so INTEGRAL MOTION is neither owner nor responsible of the products or contents of the advertisements or published offers, not being part of the transaction between the users.
In particular, INTEGRAL MOTION does not revise or control previously, approves or makes own the contents, products, services, opinions, communications, data, files and any kind of information of third parties gathered in the Portal. Likewise, it does not guarantee the legality, reliability, usefulness, veracity, accuracy, exhaustiveness and actuality of the contents, information and services of third parties in the Portal. INTEGRAL MOTION does not guarantee in any way that the Users of the Portal use the contents and/or services of the same according to the law, the applicable regulations, the public order or the present Conditions.
Consequently, INTEGRAL MOTION will not be considered responsible for the contents provided in the advertisements and/or offers created by the Advertisers, neither for the activities that could be considered as illicit between Client and Advertiser as long as it does not have effective knowledge of it or that, after having it, it acts quickly to withdraw or block the access to this content.
INTEGRAL MOTION is not responsible in case of interruptions of the service, delays, errors or bad functioning of the service in general that have their origin in causes beyond its control or due to a fraudulent or guilty action of the users of the portal, or due to force majeure, nor assumes any duty or commitment to verify or monitor the contents and information of this portal.
In any case, whatever the cause, INTEGRAL MOTION will not assume any responsibility for direct or indirect damages, emergent damage and/or loss of profit.
Whoever accesses and uses this portal, does so at their own risk. INTEGRAL MOTION is not responsible for the use that the users make of the services of the portal or of their passwords, as well as of any other material of the portal, infringing the intellectual or industrial property rights or any other right of third parties.
INTEGRAL MOTION is not responsible for the damages that can be caused in the equipment of the Users by possible computer virus contracted by the User because of its navigation in the portal or the communications exchanged with between Clients and/or Advertisers or by any other damages derived from that navigation. It is the User's responsibility, in any case, to have adequate tools for the detection and disinfection of harmful computer programs.
INTEGRAL MOTION does not offer any guarantee of non-existence of errors in any of the contents of its portal, and does not guarantee the correction of any defect or the absence of virus and other harmful components in the present Web portal or in its Server.

5. CONTENTS AND LINKED SERVICES

The Portal can include technical devices of link, directories and even instruments of search that allow the User to access to other pages and portals, even ownership of the Advertisers.
INTEGRAL MOTION is not responsible for the contents and opinions of third parties expressed in its web portal, nor for the information contained in the web pages of third parties that can be accessed by links contained in this web site, over which INTEGRAL MOTION does not exercise any kind of control. 
INTEGRAL MOTION does not respond neither of the contents nor of the state of such sites and web pages, nor of the damages produced by the illicitness, quality, lack of updating, unavailability, error and uselessness of the contents and/or services of the linked sites. The access to such contents and/or services through this website does not imply that INTEGRAL MOTION recommends or approves its contents.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY

All the information contained in the Portal, as well as the graphic design, images, drawings, representations, voices, sounds, video recordings, audio segments, annexed written descriptions, source codes, brands, commercial names, denominations and other contents are subject to the intellectual and industrial property rights of INTEGRAL MOTION or third parties, and are legally reserved, and are protected by the national and international legislation in the matter.
The access and use of the Web Portal will not suppose in any case the resignation, transmission, cession or total or partial license of these rights of intellectual or industrial property, neither confers any right of use, translation, adaptation, alteration, exploitation, reproduction, distribution or public communication, with commercial aims, of the Web Site nor of its contents without the previous and express authorization of INTEGRAL MOTION or of the third legitimate holder of the affected rights.
The User of the Portal must abstain in any case from suppressing, altering, evading or manipulating any protection device or security systems that may be installed in the same.
Infringement of any of the aforementioned rights may constitute a breach of the conditions contained in the subscription agreement and a violation of the Law, and even an offence punishable under the Criminal Law.

7. LIMITATION OR TERMINATION OF SERVICE

INTEGRAL MOTION reserves the right, exercisable at any time and in a discretionary manner to reject any advertisement or service. INTEGRAL MOTION also reserves the right to eliminate any advertisement or service of the Portal without previous notice to the users and/or advertisers.
INTEGRAL MOTION can deny or put an end to its service and adopt technical and legal measures to prevent the access to those users who are acting contrary to the spirit or the conditions of use. INTEGRAL MOTION does not accept any responsibility for the unauthorized or illegal use of the web site by the users, as described in the previous paragraphs.
INTEGRAL MOTION reserves the right, exercisable at any time, to charge a compensation of fifty euros for each advertisement that INTEGRAL MOTION is forced to eliminate from the portal as a consequence of contravening the present Conditions of Use. The final advertiser as well as third persons or companies that facilitate with their help the abusive use of the services, could be required for the payment of this compensation, independently that INTEGRAL MOTION could take additional legal actions.

8. PROTECTION OF PERSONAL DATA

In compliance with the provisions of current legislation on protection of personal data, we inform you that all personal data and information that you can provide through the portal, as a registered user (Client and/or Advertiser) will be incorporated into the personal database owned by INTEGRAL MOTION.
The purpose of the treatment of your personal data is to correctly execute the contractual relationship (as Client or Advertiser, as the case may be), as well as to send you information by any means, including e-mail and/or equivalent means, about services and news that we consider of your interest. 
The legitimacy for the processing of the personal data provided is based on the fulfilment of a contractual relationship to which the interested party is a party and on the legitimate interest of INTEGRAL MOTION.
The interested party may, at any time, exercise their rights of access, rectification, opposition, portability, limitation of processing and deletion, as well as their right not to be subject to automated individual decisions by means of a written communication addressed to INTEGRAL MOTION, Avda. De Castilla Pol. Ind. San Fernando de Henares núm. 1 Oficina 12B, 28830, San Fernando de Henares (Madrid), accompanied by a copy of your ID card.
On the other hand, we inform you that you have the right to file a complaint with the Spanish Data Protection Agency if you consider that a breach of data protection legislation has been committed with regard to the processing of your personal data (www.aepd.es).
The Client can consult more information about the treatment of personal data by INTEGRAL MOTION in the Privacy Policy, accessible through the following link https://www.imotionmobility.es/en/privacy-policy.

9.  APPLICABLE LAW AND FUTURE

According to the article 29.2 of the Law 34/2002, of July 11, of Services of the Information Society and Electronic Commerce, the place of celebration of the contract of use of the platform is considered the address of the service provider, that is, INTEGRAL MOTION.
Consequently, the contract of License of Use and Provision of Services, and the Terms and Conditions of the service regulated here, as well as any controversy that could arise, either contractual or extracontractual about it, will be governed by the current regulations in Spain.
The Spanish Courts will be the only competent to solve any question related to the interpretation or execution of this document. INTEGRAL MOTION reserves the right to exercise as many actions as it has the right to, in its case, in the country where the domicile or place of residence of the user is located.
For the resolution of any litigious question derived from the present document, INTEGRAL MOTION and the Client will be submitted to the Jurisdiction of the Courts and Tribunals of the city of Madrid, with express resignation to any other jurisdiction that could correspond to them.