I. owner of the website
Pursuant to Article 10 of Act 34/ 2002 of July 11 of Services of the Association for Electronic Information and Commerce, we hereby provide the following details of the owner of this Site:
- Owner of the website: XML Travelgate, S.L. (hereinafter referred to as “SWAPPT” or “We”)
- Registered office: Ctra. Valldemossa – Palma km 7,4; Parc Bit – Edificio Europa, Local 1 bajos, 07121 Palma, Balearic Islands, Spain.
- Tax Code: B57737660
- Registration details: Registered in the Palma de Mallorca Companies Registry under Volume 2482, Folio 215, Sheet PM-68734, Entry 1
Users may submit their requests, questions or complaints to the above stated registered office or by any of the following means:
- Contact form available on the website
This Website provides users with information regarding the Swappt payment technological solution. The use of this Website implies the acceptance of the below detailed provisions. Therefore, we strongly advise you to read thoroughly this section before you start your surfing experience.
2. Obligations of Users:
Users undertake to use this Website in compliance with the law, the provisions contained herein and without prejudice to the rights and interests of SWAPPT or any third party. Likewise, by way of illustration and not limitation, the User agrees:
- Not to take part in any unlawful activities or activities that are contrary to public order or the principle of good faith;
- Not to try to access, modify, manipulate and, if appropriate, use other Users’ accounts;
- Not to use any of the information published on the Web for the submission of spam notifications;
- Not to post or spread any information or content that is false, ambiguous, inaccurate or that misleads the recipients of such information, as well as not to spread any information of a racist, xenophobic or pornographic nature or post any statement in defence of terrorism or that may attempt against human rights or minors;
- Not to carry out any action violating or leading to the infringement of the SWAPPT or third-party intellectual property rights;
- Not to cause any damage to the physical and logical systems run by SWAPPT, its providers or third-parties;
- Not to introduce or spread any computer virus in the network or in any other physical or logical systems that may cause the above mentioned damages.
- Not to remove, modify or manipulate any protection device or security system installed on the Website.
3. Disclaimer of liability:
This Site and the content thereof are provided on an “AS IS” basis and its use is at the User’s own risk. Therefore, SWAPPT, its administrators, employees, providers or collaborators shall not be held liable for any direct or indirect damage resulting from the use of the Site. SWAPPT may expressly exclude any sort of express or implied warranty to the extent provided by law.
SWAPPT does not guarantee the availability and functioning of the Site. However, we will make every effort to ensure that. We also reserve the right to interrupt the service at any time in order to carry out the corresponding maintenance works.
SWAPPT is not liable for any possible damage that may occur as a result of interference, interruption, computer viruses, telephone failure or disconnection of the operation of this electronic system caused by reasons beyond the control of our company; of delays or blockages in the use of this electronic system caused by deficiencies in or overload of the data processing centre or telephone lines or overload in the Internet system or other electronic systems; or as a result of damages that may be caused by alterations in the User’s software or hardware. Likewise, we cannot guarantee the absence of viruses, malwares, Trojan horses or other harmful elements that may alter the computer system, documents or User files. Therefore, SWAPPT shall not be held liable for any damage caused to the User due to the above mentioned reasons. Furthermore, SWAPPT is not liable for any damage caused by third parties as a result of unlawful interference beyond our control.
We are not liable for any damage that may occur due to misuse of the Website content or due to any consequence arising from errors, faults or omissions in the content posted by the Users or third parties on this Site. SWAPPT assumes no obligation or liability whatsoever for the services not directly rendered by the company.
4. External links:
Under no circumstances shall SWAPPT be held liable for the content of the links external to this website, nor shall it guarantee the technical availability, quality, reliability, accuracy, scope, veracity, validity and lawfulness of any material or information contained in any of the hyperlinks or other Internet sites. Likewise, the inclusion of external links shall not imply any kind of association, merger or involvement in the organisations links redirect to.
The passwords to access the accounts of registered Users are personal, confidential and not transferable. Registered Users are solely responsible for maintaining the confidentiality and security of their accounts and for all activities that occur on or through their accounts. They also agree to immediately notify SWAPPT of any security breach of their accounts.
6. Access denial and account cancellation:
The cancellation or interruption of a specific account will take place at SWAPPT’s sole discretion and shall not give rise to any sort of compensation.
7. Blog and comments posts:
8. Processing of personal data:
9. Intellectual property & copyright:
Without prejudice to the information provided by the Users or to the content subject to third-party copyright, the intellectual property rights over the Site, the domain name, the source code, design, browsing structure and features contained in it (e.g.: pictures, sound, audio, video, software, text, brands or logos, colour schemes, structure and layout, etc.) are property of SWAPPT. SWAPPT shall have the exclusive right to use the aforementioned elements as it shall deem appropriate and, more particularly in relation to the copy, distribution, public communication and adaptation thereof pursuant to the current Spanish Intellectual Property Act. It is expressly prohibited to reproduce, distribute and communicate publicly -including their means of making available- all or part of the content of this Site in any format and by any technical means without the authorisation of SWAPPT or third party holders of intellectual property rights or copyrights over the corresponding content. Notwithstanding the foregoing, Users may view the items of the various Website features and even print, copy and store them in their computer hard drive or in any other physical device provided that it is purely and exclusively for their personal and private use. Upon receipt of the previous authorisation from the owner of the Website, the organisations or individuals who wish to establish a link to our Site shall guarantee that only access to the Site or service is offered and no content or services thereof are being copied.
10.Nullification of provisions:
void, its nullity would only affect said provision or part thereof regarded as void, while the rest of Terms
of Use remain in full effect.
12. Applicable law and jurisdiction.
This Website shall be governed by and construed in accordance with the Spanish law, excluding its conflict-of-laws rules or any controversy that might result from the use or services rendered by the Site. The Website shall submit to the jurisdiction of the Courts of Palma de Majorca and Users may expressly waive any other jurisdiction that may correspond.
Version 1.0 – March 2017