General Conditions of Use
1. INTRODUCTION AND SCOPE OF THESE TERMS AND CONDITIONS OF ENGAGEMENT AND USE OF THE EXCANCEL SYSTEM
a. EXCANCEL is a comprehensive system of identification, management and compensation of debit and credit balances, based on the management of the information freely provided by users of the system
b. EXCANCEL is owned by the company Excancel Euro SL, with address for service in the street Perdomo, 41, CP 35002, Las Palmas de Gran Canaria. You can communicate with the company via the email users@excancel.com. Excancel Euro holds SL CIF - B76037274
c. The system is integrated into EXCANCEL Website www.excancel.com whose access is regulated by the general conditions of the website available on this link. The following General Conditions of Use and EXCANCEL are understood regardless of the conditions of access to the portal www.excancel.com and other laws and regulations that may apply.
d. The purpose of these General Conditions and Use of the Platform EXCANCEL is the legal framework of the regular service contract offered by Euro Excancel SL to the users of its web www.excancel.com and EXCANCEL system according to the legal requirements of the Spanish, European and international legislation, to ensure the currency and validity of the effects provided by law to attend the consent of the users and other requirements necessary for its validity.
e. The following general conditions shall apply to all users of the system EXCANCEL. The use of this system implies acceptance of these conditions included those accessed through hyperlinks, and the general conditions for the websites of our subsidiaries and international affiliates.
2. DEFINITIONS:
This section defines the following terms in the system EXCANCEL:
User: the person (with the capacity to act and bound) or entity (acting through an individual with sufficient capacity to act and bound legally and provable by law) that registers in the system EXCANCEL regardless of frequency of use.
Administrator: the person designated by Excancel Euro SL responsible for administering and ensuring the proper functioning and development of the EXCANCEL system.
Debtor: natural or legal person acknowledges a debt in favor of money to any other EXCANCEL user.
Creditor: natural or legal person who claims to be the holder of a credit to them from another EXCANCEL user.
Acceptance of debt means the act of recognition, from a user through the means provided in the platform EXCANCEL, of the existence of a debt in favor of another user.
Acceptance of payment and / or collection of debt mean the act of recognition from a user through the means provided in the platform EXCANCEL payment and / or recovery and / or compensation of a debt in cash to another user.
Credit in favor: total of the amounts recognized by other excancel users due to a user.
Amount of compensation: amount awarded by the users of the system EXCANCEL to be held on the acceptance of a debt and / or payment and / or charge the same. It has to be determined freely by the users of the system EXCANCEL under the initial agreement on the minimum inter-parties recognized by the users of the system
Compensation claims: operation by which the system EXCANCEL possible compensation claims and liabilities for and / or against a user-based self-acceptance of the compensation of civil debts. They should be accepted under the law force, by all parties in accordance with the Spanish Civil Code in relation to the extinguishment of debt offset by the transfer of receivables between users and being done by an automated system and is subject to the provision of EXCANCEL platform
Electronic Invoicing: Electronic invoicing is a functional equivalent of paper invoice and involves the transmission of invoices or similar documents between the transmitter and receiver in electronic (computer files) and telemetric (from computer to computer), digital signatures with certificates.
Email notifications to the system EXCANCEL: the email address supplied by the user at the time of registration in the system EXCANCEL and will be forwarded to that system performance is a prerequisite for making use of the system EXCANCEL maintaining an email address with sufficient capacity to receive notifications from the platform.
3. EXCANCEL EURO, SL AND THE GENERAL TERMS OF ENGAGEMENT AND USE OF EXCANCEL SYSTEM
a. If it is determined that any provision of these General Conditions and Use is invalid or not enforceable, such provision shall be inoperative but the remaining provisions shall remain enforceable.
b. The headings contained in www.excancel.com acting as references and not limit the scope or extent of the section. The inaction with respect to an offence committed by a user does not entail the cancellation of our right to take other actions with respect to subsequent or similar breaches. The onset of action against all breaches of these Terms of Use and General Contracting is a discretionary power to EXCANCEL EURO SL.
c. Rests exclusively with EXCANCEL EUROS, SL publish and amend the General Conditions and Use by publishing them on the Notices section of the web www.excancel.com out in addition to those conditions. EXCANCEL EURO SL reserves the right to amend these General Conditions and Use at any time by posting the modified terms on this website. Unless otherwise stated, all amended terms automatically take effect 14 calendar days after being published.
d. Users will be informed of any changes in these General Conditions and Use both through the Home section in your account and email. If the user does not accept the changes to our Terms, it may terminate the contract by cancelling its account. These General Conditions and Use constitute the entire agreement between the parties on the issue involved here, keeping them current and valid even after the cancellation of the account sections of the General Conditions and Use in relation to the use made by the user of the platform EXCANCEL, operating without a time limitation thereon.
4. CONDITIONS OF ACCESS TO THE SYSTEM:
a) To read carefully and accept all terms and conditions that appear or are referenced in these General Conditions and Use and Privacy Policy is prior to register as a user in the system EXCANCEL. If you do not accept our terms, please do not use our web site or its services. We strongly recommend that as you read these Terms of Use and General Contracting, also may consult the linked information. By accepting these General Conditions and Use also agree that your use of some Web sites EXCANCEL mark and other websites that we manage may be governed by General Conditions and Use and privacy policies themselves. The General Conditions and Use that apply across all our domains and subdomains is always the General Conditions and Use listed in the footer of each website. These General Conditions and Use enter into force on 21 July 2009 for existing users in the case of new users, enter into force as soon as accepted.
b) In order to open an account EXCANCEL will require a series of data that must be true and verifiable. EXCANCEL EURO SL reserves the right to seek information that may lawfully access to the data entered by applicants for an account and by the same EXCANCEL allows you to request any documents that are deemed necessary or required to yield information necessary to prove the veracity of the statements made by those interested in opening account in the system. Excancel is not required to process and / or open an account. Excancel is not subject to a deadline for resolution of the account opening application. Excancel does not need to justify requests that have been denied.
c) The prerequisite for access to the account will be the use of codes (username and password) chosen by the user during the opening of the account. EXCANCEL not assume any responsibility for the misuse of an account as a result of the access using the username and password from unauthorized third parties. The username and password should be treated with utmost confidentiality. All movements of the account made indicating the username and password will be borne by the user.
5. CONDITIONS OF ACCESS TO THE SYSTEM EXCANCEL:
The user of the platform and the system EXCANCEL expressly agree that:
a) All data you enter in the system either as debt or credit is part of a legal relationship between the user and / or civil or commercial entity legally representing the other users of the system. Excancel has no responsibility to the nature or cause of them.
b) When entering data relating to debts or claims, such information will be processed by the system while waiting for them to be accepted by the other debtors / creditors. If the other party accepts a different amount, the system take the lesser of the amounts to be allowed as recognized by the parties and therefore be used as the basis for calculations. If the other party does not accept the data on the debt or claim made by the users interested in using the system, this information will not be taken into account when making calculations.
c) When the user inputs the data of "creditors, who want to pay to" user indicates unequivocally that you want to pay a certain amount liquid and allows the system to manage an appropriate proposal payment or compensation of debts and claims in the name and the quantity supplied by the user.
d) When the user inputs the data of debtors, who want to collect "user states unequivocally that the user wishes to gain the interest shown by a net amount and allows the system to proceed on behalf of the user to managing a collection and / or compensation of debts by taking a maximum amount to be received and / or compensate for the user-entered.
e) The total amount of debts paid and / or compensated by the users must be equal to the total of the credits paid and / or compensated.
f) The calculation of the operations are performed once a week, particularly between 00:00 and every Saturday from 24:00 am on Sunday local time. During the time that the system performs the calculations is not possible to access the system EXCANCEL.
g) The system will communicate via email to the address previously designated in the registration of users and before you start calculating what amount of the transactions have been accepted and how much.
h) The system shall notify users of the calculations after debts have been paid and in what amount. To document the way that best suits them is the responsibility of the users
6. ABUSES IN EXCANCEL SYSTEM
Please notify us any problems, offensive content or policy violation that you find. Without limiting other possible actions, we may limit, suspend or terminate our services and user accounts, prohibit access to our website, delay or remove hosted content and take legal action to prevent access by users to our websites if we consider that are causing problems, incur any liability or acting contrary to the spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that remain inactive for a long period of time that is initially set at six months.
7. FEES AND SERVICES
a) The registration of any person or company EXCANCEL is free. EXCANCEL rates apply only for the recovery as a percentage of 0.9% of total debt cancellation. We may also charge fees for services other than the cancellation of debt, such as issuing licenses or other, whose amounts will be posted on the web www.excancel.com and collected in these general conditions upon its entry into force.
b) Each new entry by a user involves a new service. fee must be paid in case of new findings shed. Any amendments thereto shall enter into force after its publication in www.excancel.com with a notice which is done by 14 days in advance and will also be published on the website of EXCANCEL
c) We may choose to temporarily change the fees for our services for promotional events or new services. These changes will take effect when we deliver on our websites the temporary promotional event or new service.
d) The payment for the services may be held by the user through the means available on the web at www.excancel.com within 4 days after the receipt via email to a solution of clearing and / or payment and / or recovery of amounts due and / or charge referred to the email address provided by the user. The communication will inform the user of the amount to meet him and warned that non-payment of the fee shall be blocking the account. To reactivate it will be necessary to pay the fee which may re-use system services EXCANCEL.
e) We always show the rate of each currency. The customer is responsible for paying all fees and taxes related to our sites and services in a timely manner using a valid payment. If problems arise with the method of payment or the user's account becomes due and unpaid, we may collect fees owed using other collection mechanisms. (This includes the charge to implement other forms of payment using Excancel Euro SL, instruct the subject to debt collection agencies, and seek legal advice in case of accounts receivable for over 180 days to withdraw the amount Due to the Paypal account balance.)
8. TREATMENT OF INFORMATION PROVIDED BY USERS.
The EXCANCEL system is fed exclusively with the information supplied by the users and does not match the accuracy of the information. The user enables the system and Excancel Euro SL to try to obtain a satisfactory result by providing information to system in relation to applications for compensation and / or payment and / or charge made. Excancel Euro SL can not be understood in any way responsible for the accuracy of the information entered by the user or by a responsible. Excancel Euro SL is not responsible of the potential economic consequences that directly or indirectly may affect the user by the information provided by other users.
9. RESPONSIBILITY
a) The user waives claim for damages to Excancel Euro, SL and / or their vicarious agents unless due to a questionable behavior or gross negligence.
b) Euro Excancel S.L. assumes no responsibility for errors in the introduction, transmission and / or valuation concerns. Excancel Euro S.L. especially reserves the right to correct, possibly a posteriori, error or failure, especially in the introduction of the data entered and managed by the system or declare null and irrelevant and proceed to the withdrawal of all amounts and / or data that Excancel can assume as false or inaccurate.
c) The corporation shall not be liable for damages of any kind whatsoever, arising as a result of improper use, improper or fraudulent account. Neither Excancel Euro S.L. neither the system nor EXCANCEL guarantor will be responsible for actions or inaction of others, or debt entered into the system. The system is not involved in any transactions that take place between users. We can not guarantee safe and continuous access to our services, and operation of our Web sites may be interfered with by factors outside the control and care of themselves. Therefore, to the maximum extent permitted by law, disclaim all warranties, terms and conditions involved. We are not responsible for any loss of money, goodwill or reputation, indirect or consequential incurred during the use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages. In this case, these disclaimers and exclusions shall not apply. Regardless of the above, if proved our responsibility, it is limited to the greater of the following: (a) the total amount of fees paid to EXCANCEL in the 12 months preceding the action causing the liability, and (b) 100 euros.
d) The corporation Excancel Euro S.L. has the right to exclude users from participating in the entire system EXCANCEL without having to explain the reasons for their exclusion. Likewise, the user declares to know that EXCANCEL does not rest on any obligation of information, notice or warning beyond the content contained in these Terms and published on the Website www.excancel.com. In particular, the Company shall not be liable for those losses, whether of the nature whatsoever, which might result to the user as a result of the failure of the relevant prohibitions in their country of origin by the law relating to compensation and / or management debt and / or fees.
e) The Company reserves the right to correct errors in data and information published on www.excancel.com and the operations performed by the system EXCANCEL. Euro Excancel S.L. will inform the user of such changes as soon as possible and with the utmost due diligence.
f) For the present, Excancel Euro S.L. expressly does not give advice to users regarding tax and legal matters as the use of the system EXCANCEL not imply any disrespect of rules of taxation. The knowledge of those rules is required to the users, being full and exclusive responsibility of users to compliance with these rules and their obligations.
10. DISCLAIMER EXCANCEL DIRECT SYSTEM AND ITS EMPLOYEES AND ASSOCIATES.
Access to the system implies the acceptance by the user that, in the event of a dispute with one or more users, you relieve the system EXCANCEL and Euro SL Excancel liability (including managers, directors, agents, subsidiaries, partners and employees of Euro Excancel SL) any claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, that may arise as a result of such dispute or is related in any way and has roots in civil relations, commercial or any other outside the service provided by the platform EXCANCEL.
11. ACCESS AND INTERFERENCE.
a) Our websites may contain automatic exclusion headers. Much of the information contained in Web sites is updated in real time and is owned by EXCANCEL or is sold under license by our users or third parties. Automated means to access our Web sites are prohibited for any purpose without the written permission of Excancel Euro SL.
b) In addition, the user expressly agrees that will not:
I. Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
II. Copy, reproduce, modify, create shunts, distribute or publicly display any content (except your personal information) from our websites without the express written consent of EXCANCEL and related third party, if needed.
III. Interfere or attempt to interfere with the proper functioning of the websites or the activities that take place in them.
IV. Prevent our automated exclusion headers or other measures we can use to prevent or restrict access to our websites.
12. PRIVACY
a. Euro Excancel S.L. will not assign, transfer, sell or pass personal information to third parties provided by users for advertising purposes without their explicit consent and in accordance with the law. The use of this information will be restricted and limited to the use described in the Privacy Policy contained in these General Conditions and in the portal www.excancel.com.
b. We consider the protection of our users' privacy as a basic principle of the system. We store and process information on computers located in the European Union and U.S.A., which are protected by physical security devices and technology. You can access the information you provide us when you want and modify it, and indicate that you wish to receive certain communications to log in to your account. We use third-party services to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, please see also the Privacy Policy published on the web www.excancel.com. If you do not want your information being transferred or used as described do not use our services.
c. Excancel Euro S.L. reserves the right to notify users via telephone or e-mail on special promotions and new products, provided that users have not explicitly asked not to be contacted in this way and have not been included in the Robinson list. The user has no right to ask us at any time, without indicating any reason and without notice.
13. OBLIGATION TO INDEMNIFY
You agree to indemnify Excancel Euro SL, including the reasonable fees of attorneys and other judicial or extra-legal costs, for damages resulting from the breach or violation of these General Conditions and Use or any law or right of third parties.
14. LEGAL FRAMEWORK BETWEEN THE PARTIES
Through these General Conditions and Use shall not establish any agency, partnership, joint venture, employment relationship (employer-employee) or franchisor-franchisee with the exception of the contract described and regulated in these General Conditions. This contract is concluded electronically, producing all the effects provided by law, consent to participate and the other requirements for their validity.
15. Notification system
Except where expressly stated otherwise, the notice to EXCANCEL may be made by post to Excancel Euro SL, c / Perdomo, 41, CP 35002, Las Palmas de Gran Canaria. Notifications made by Excancel Euro SL to users must be made to the email address provided when requesting the proportions into the system during the registration process, without Excancel be responsible for the accuracy or correctness of this email or its condition and accessibility. Messages are considered as reported after 24 hours from the time of sending the email, unless it received a notice that the email is not valid, Excancel may choose an alternative and arbitrarily way to address the message. In this case, the notices will be considered as reported after 3 days from the date of mailing.
16. PAYMENT METHODS
a. The means of payment available depend on your country of origin and the currency unit selected in the registration process.
b. For details of payment methods available in your country and the currency you have selected, please see the "means of payment" page or the selection of the method of payment on your account under "Income / payments. The company reserves the right to the limits of the credit allocated to each user.
c. The company reserves the right to apply an administrative fee for any transaction. Any administrative fee, in case of application, the user will be charged at the relevant transaction. For more information on the current administrative fees that apply to all payment methods available in your country, please consult the "means of payment" in www.excancel.com or on the selection of the method of payment your account under "Income / Payments."
17. STATE OF MIND AND POTENTIAL CLAIMS ARISING
a. The user may use the account at any time, except the hours between 24.00 on Friday and 00:00 am on Monday due to EXCANCEL system needs.
b. The company reserves the right to control the user's payments to avoid fraud by credit card. This is why Excancel Euro SL reserves the right to request to send a copy of the credit card or other document attesting to the veracity of information supplied by the user.
c. If for technical reasons, it crossed a deposit to the user's account with a lock provided by the user or by the company, the user will be informed so and was rogará to notify the account can be made immediately transfer of the full amount of such payment (minus any fees).
d. Complaints concerning the data in user accounts has to be put on the website of excancel via e-mail and directed to the appropriate support team within 48 hours from the access by the user to the statement. The absence of complaint in this term will be considered according to the statement of accounts reported.
18. DISPUTE RESOLUTION, GOVERNING LAW AND ARBITRATION CLAUSE.
a. By registering in the system EXCANCEL, every user acknowledges the exclusive (intellectual) property of Excancel Euro SL regard to these General Conditions and Use, as well as the system regulated by them.
b. In any case, the user is required to contact Excancel Euro SL prior to the filing of any judicial or extrajudicial claim, with the aim to find an amicable and mutually beneficial solution.
c. Unless explicitly stated otherwise, these General Contract Terms and conditions of use and access in the portal www.excancel.com shall be governed by and construed in accordance with Spanish law with regard to equipment and personnel SL Euro Excancel mainly operates in Spain. They are governed by the provisions in existing legislation on the Information Society, the Civil and Commercial Codes and the other rules of civil or commercial contracts, in particular the rules of consumer protection, user and management business, This contract is understood to be held in Las Palmas de Gran Canaria, where Euro Excancel Euro, SL has its activity and mainly provides its services. So users freely agree to waive their own jurisdiction court and agree to submit to the exclusive jurisdiction of the courts of Las Palmas de Gran Canaria,
to which the user can go disallowing a tacit or expressed in a period of twenty working days of the request for arbitration to be made by the European Arbitration Asocación after receipt by the authoritative Excancel EuroSL of claims by the user. If not done by the user the request for arbitration, Excancel Euro SL is entitled to claim exemption as a procedural violation of the submission to arbitration and may require the applicant to submit the same or may continue the procedure.