Connected Mobility Ventures, S.A., (hereinafter, “XMOBA”) is a Spanish entity, domiciled in Martorell (Barcelona), Autovía A-2, Km. 585, provided with C.I.F. A-67.140.582, duly registered in the Mercantile Registry of Barcelona in sheet number B- 513583 and whose contact e-mail address is email@example.com.
XMOBA is the owner or licensee of the intellectual property rights or any other type of application “Justmoove App” (hereinafter, the “Application” or the “App” or “Justmoove”).
The Application will be available for download on the App Store and Google Play.
a. That he has read understands and understands what is stated here.
b. That he/she assumes all the obligations set forth herein.
c. That is of legal age and has sufficient legal capacity to use the Application and benefit from the services provided by it.
2. Purpose and Scope of Justmoove Services
The services provided by the Application are as follows:
(i) Allow Users to manage their payments related to the services listed below provided by third parties (the “Partners”) through access to the payment gateway operated by Volkswagen Finance II S.A., an electronic money institution domiciled in Luxembourg (the “FS Pay System”):
– Parking services, i.e. services related to the reservation and parking of your vehicles in certain car parks (the “Parking Services”);
– Convenience services such as the payment, through the VIA-T device or as such device is referred to in other countries (the “VIA-T Device”), of tolls on motorways on which they circulate and other car parks that accept payment with such VIA-T Device (the “Convenience Services”);
The Parking Services and the Convenience Services shall be referred to collectively, without distinction, as the “Partner Services” or the “Services”.
For appropriate purposes, it is clarified that XMOBA may have a direct contractual relationship with the Partners or, alternatively, an indirect relationship through other third party intermediaries.
XMOBA reserves the right to modify, extend or reduce the scope of the Services of the Partners included in the Application, as well as to expand the offer of services offered through the Application, or to change its functions at any time, informing the Users and modifying, where appropriate, the present Conditions of Use, which must be expressly accepted by the Users.
(ii) Allow Users (if applicable) to request, reserve, cancel and, ultimately, facilitate the contracting of Partner Services.
(iii) To lease for use within the framework of the Convenience Services the authentication device (the “Access Device”) provided by the corresponding Partner and which allows the entry and exit of the car parks included in the Parking Services. For appropriate purposes, it is clarified that the Access Device will work to enter or leave the car parks provided that these car parks have the necessary infrastructure for this purpose. In this sense, some car parks may require Users to take additional actions to allow their entry or exit.
(iv) Provide invoices for all transactions made by Users through the Application.
(v) Allow Users to consult service stations that are close to their location showing the price of fuel and distance from it.
Consequently, the Application puts in contact the different parties involved, that is, the Users with the Partners (as Service providers), the FS Pay System (as a payment gateway) and with eventual intermediaries of the Partners’ Services.
The Services (i), (ii), (iii), (iv) and (v) above and offered by the Application shall be collectively referred to as the “Justmoove Services”.
Users must download the Application in order to use the Justmoove Services. Downloading the Application is free of charge, for personal and non-commercial use. However, use of the App and Justmoove Services may be subject to the payment of Management Fees on the terms set out in clause 6. Likewise, use of the FS Pay System and use of the Partner Services will be subject to their own prices, fees, commissions or surcharges, as set out in their own terms and conditions of use.
The use of the Application and the Justmoove Services offered through it require a stable Internet connection and data consumption. XMOBA is not responsible for the costs arising from the communication and sending of data or Internet connection incurred by Users. Users may consult their telecommunications operators for further information.
3. Partners Services
3.1 Parking Services:
These services allow the User to be geolocated and to show through the Application the parking spaces closest to their current location or the address searched for from the Application. Likewise, these services allow the payment (through the systems foreseen in these Conditions of Use) of parking spaces in certain car parks (on-street and off-street) that are private or in concession and that are located in Spanish territory or in other territories -according to the Partner that provides the service- and that will be indicated in the Application.
Users can find more information about the car parks available at any time in the Application (the “Available Car Parks”).
Users will be able to access and leave the Available Car Parks either through the use of the Access Device or through the mechanisms foreseen in the Application. To this end, users must provide, among others, the registration data of their vehicle when they register in the application and create their User Account (as defined below).
Users will be able to find more information about the Access Device at www.justmoove.com and the prices applicable to the Application.
The providers of the Parking Services are companies that operate in this area.
These companies may require Users to accept their own terms and conditions of use and privacy policies applicable to the services they offer.
The Application integrates the functionalities of the corresponding Partners and others necessary (e.g. GPS) so that Users can locate the available parking spaces in the vicinity and make payments for the spaces in question, in accordance with the provisions herein.
Nevertheless, the Users will be responsible for the inclusion of the true data and the adequate information for the correct functioning of the functionalities that allow its location.
3.2 Convenience Services
These services consist, among others, in providing Users with the VIA-T Device issued by the company Pagatelia, which allows payment through the electronic toll lanes enabled on all toll motorways in Spain, France and Portugal and certain off-street car parks in Spain and France or in the territories indicated in the Application at all times.
In order to benefit from these Convenience Services, Users must contract the Prime Subscription Services through the Justmoove application, thus obtaining the Pagatelia VIA-T Device.
For clarification purposes, Users are informed that the company that provides the VIA-T Device and, therefore, the one that manages the payments, is Pagatelia, with registered office at calle Segundo Mata, 6, Oficina 2 Edificio Estación (Pozuelo de Alarcón), Madrid, and whose CIF is B86058294. The company in question safeguards the funds received for the execution of payment operations by keeping them in a bank account separate from its own funds.
XMOBA is not responsible for the services provided by this entity, and the Users who contract them must expressly accept the conditions of use of Pagatelia’s services, accessible through the following link: https://www.pagatelia.com. For clarification purposes, only the terms and conditions of said Partner that are not expressly regulated by the present Conditions of Use or in the conditions that are applicable according to the selected payment system will be applicable to the User.
4. FS Pay System
The FS Pay System consists of a payment gateway operated by Volkswagen Finance II S.A. through which the User can pay directly or indirectly for the Services of the Partners. XMOBA does not intervene in the provision of the payment service provided by FS Pay.
4.1. Parking Services Payment:
The FS Pay System allows Users to satisfy the corresponding Partner with the price derived from the use of the Parking Services.
Some of the Available Parking may be paid by consumers directly through the FS Pay System or indirectly through the VIA-T Device, depending on which system is accepted by the available parking that is required.
It shall be the User’s responsibility to ensure that the FS Pay System or the VIA-T Device is an accepted payment method for the parking lot in question before proceeding to payment. In this sense, the fact that a parking space could have been selected through the Application does not necessarily imply that the parking space is actually available, neither that the FS Pay payment method is valid for that space in question.
For appropriate purposes, Users are informed that some Available Car Parks may require Users to take additional actions to access them (e.g. obtaining an access ticket).
The User will only be able to assume that the payment has been made correctly once the corresponding confirmation has been received.
If the FS Pay System is temporarily interrupted or out of service, the User will continue to be responsible and obliged to pay the price of the Parking Services used. In such a case, alternative payment methods must be used depending on the car park in question (e.g. the purchase of a ticket at the car park ticket machine or at the counter).
4.2. Payment for Convenience Services:
Payment for Convenience Services will be made through the VIA-T Device, which will connect to the FS Pay System. The VIA-T Device may be purchased by Users in accordance with the provisions of the Application. Payment for the rental of the VIA-T Device shall be made directly to XMOBA, under the terms set forth in clause 3.2.
It is the User’s responsibility to ensure that the VIA-T Device is an accepted method of payment to pay on the toll motorways on which you drive before proceeding with payment.
The User will only be able to assume that the payment has been made correctly once the corresponding confirmation has been received.
If the VIA-T Device and/or the FS Pay System are temporarily interrupted or out of service, the User will continue to be responsible and obliged to pay the price of the tolls on which he or she is travelling. In this case, alternative payment methods must be used (e.g. manual or card payment in the toll booths of the toll in question).
Through the application, users will be able to consult their transactions in the “expense history” section.
Through the web portal https://portal.justmoove.com, the Users who have contracted the Prime Subscription Services may download the invoices issued by the reference Partner or by XMOBA with respect to the countries in which said download is possible as reported in the Application, depending on which entity provides the service, corresponding to the transactions carried out or the services contracted through the Application and accumulated by monthly periods (the “Invoices”).
As an example, the Invoices shall include the prices, tariffs, taxes, surcharges and/or management charges applicable to you for the use of the Partners’ Services, the FS Pay System, the rental of the VIA-T Device, the Justmoove Services and any other services.
Invoices shall include a breakdown of all available transactions made by Users through the App during the immediately preceding month.
Users will be informed of the identity or distinctive signs of the Partners providing the Parking Services.
6. Administrative Expenses
In consideration for Justmoove Services, Users will be required to pay – according to the Justmoove Services modality of their choice – certain management fees (the “Management Fees”).
For this purpose, there will be two modalities of Justmoove Services:
a) Basic Services or Freemium: are all those basic Justmoove Services that are activated and available to any User by the simple fact of having a User Account in the Application (e.g. location, location of Available Parking on-street, location of service stations according to fuel price and distance). It is possible that each one of the services requires some specific personal data of the User: driver’s license, payment method, car license plate, etc. Basic Services or Freemium may involve the payment of Management Fees in addition to the payment to be made to Partners for the use of Partner Services, in accordance with their own terms and conditions. Such services will be invoiced to Users after each service contracted and paid for.
b) Prime Subscription Services or Prime Business: are those Justmoove Services for which Users must subscribe in order to have them activated and available for use (e.g. availability of downloading the monthly invoice for the Services of the Partners enjoyed, the acquisition of payment devices such as the VIA-T Device, etc.). Prime Subscription Services or Prime Business will be applicable Management Fees that will be billed to Users on a monthly basis. The specific amounts of Management Fees will be specified in the Application or on the website accessible through the following link: www.justmoove.com. For clarification purposes, it is noted that the price for the use of the Partner Services by the User is independent of the Management Fees associated with the Prime Subscription Services or Prime Business.
Management Fees may consist of an applicable percentage of the transactions made by Users through the Application or a fixed amount in euros. Management Expenses will be payable monthly or annually, along with other prices, tariffs, commissions, surcharges or other concepts that correspond to them to pay and that will be reflected in the Invoices. Fees will be deducted or added to the amount of the Invoices for any errors or system failures.
The User declares that the means of payment used has sufficient funds to cover all costs resulting from the purchase of products and services through the Application.
In the event of an unauthorized payment or an incorrectly executed charge due to an error by XMOBA, XMOBA will immediately return the payment at the request of the holder of the User Account, including all commissions deducted from it. This will not apply:
a) In case the payment is not authorised because the User has not maintained at all times the security of the personalized security functions of his User Account, in which case the User will be responsible for the first fifty (50) euros, except in the case that the provisions of the following paragraph c) are applicable;
b) If the User does not immediately notify XMOBA of any loss of his/her password or any other event that, in a justified manner, could have prejudiced the security of his/her User Account once he/she has become aware of said event; the User will be responsible for the losses incurred until the moment he/she notifies the information;
c) In the event that the transaction is not authorized and/or has endangered the security of your User Account due to willful misconduct or gross negligence, in which case Users will be responsible for all losses;
d) If the owner does not contest and indicate to XMOBA the unauthorized transaction or incorrectly executed within the legal period from the date of the transaction.
For this purpose, it is clarified that if any transaction is registered but the associated payment method is not valid at the time it is made, the payment will continue to be the responsibility of the User. To this end, the Partner will have the right to claim payment of the amounts owed, as well as to communicate the non-payment to files relating to the fulfillment or breach of monetary obligations, upon request for payment to the User and subject to current legislation. Similarly, XMOBA may communicate the User’s data to the aforementioned files on the fulfilment or non-compliance with monetary obligations when the User fails to pay the certain, due and payable debts that it has with XMOBA after having been previously requested to pay them.
The Owner User may cancel his/her User Account and unsubscribe from the Justmoove Services in accordance with the provisions of clause 7, without penalties. However, this cancellation will entail the return of the payment devices associated with your User Account (or alternatively the amount available in the Application), as well as the assumption by the User of the Management Expenses generated by the transactions carried out until the effective date of receipt of such payment devices by XMOBA, after their return.
If the devices are not effectively returned within a maximum period of thirty (30) days from the notification to XMOBA of the cancellation of the User Account, the User must pay a penalization of 30 euros.
The process of returning the payment devices (e.g. the VIA-T Device) and the details on the distribution of the shipping costs will be shown in the Application at the time of Cancellation of the User Account and will be sent to the address of the provider of the same and in accordance with the terms and conditions that apply or as per the process indicated in the Application.
7. User Account
In order to benefit from the Application Services, the User must first create a user account (the “User Account”).
To this end, the User must complete the form provided, being responsible for the truthfulness, accuracy and authenticity of the data provided. In this sense, the User undertakes to keep his/her information updated in the “My Account” section of the Application.
Users may select and associate to their User Account the payment devices (e.g. VIA-T Device, etc.) or payment methods (e.g. credit card) of their choice. Each User can only have one User Account, which will generate a unique identifier of said User and of the means of payment selected by him/her and associated to his/her User Account.
XMOBA will not be held responsible for any damage caused as a consequence of choosing an inadequate password or not protecting the password correctly, which will imply a breach of the Conditions of Use, nor for damages caused by third parties who have access to the User Account, regardless of whether they have the authorization of the respective Users.
In the event of loss of your device or in the event of unauthorized third party access to your User Account, Users should contact us by sending an email to the following address: firstname.lastname@example.org.
The owner User may cancel the services of Justmoove at any time by cancelling his/her User Account. The cancellation will not entail any specific penalty. However, until the complete return of the associated payment devices, the economic terms provided in Clause 6 shall apply.
8. Intellectual and Industrial Property
All Intellectual and Industrial Property rights on the Application (including its information, texts, data, graphics, designs, software, trademarks and other content of the Application) are owned by XMOBA and / or its licensors. Therefore, its use, reproduction, transmission, transformation, distribution or exploitation of the Application and/or its elements in any way by the Users is prohibited, except as part of the service provided by the Application and for exclusively private purposes.
In the download of software for the use of the Application, Users may not decompile, disassemble or reverse engineer the same. Likewise, Users must abstain in any case from deleting, altering, eluding or manipulating any protection device or security systems that may be installed in the Application.
The Users recognize and accept that the use of the Application does not imply the assignment in their favour of any intellectual or industrial property rights, such as copyrights, trademarks, designs or other rights over the Application; nor does it constitute any authorization for the creation of developments derived from the Application, except for the limited use license granted to the Users to use the Application in the terms herein provided.
Users grant XMOBA a non-exclusive, unlimited, full, transferable, free and sub-licensable right to use data other than personal data, especially technical data, or data whose personal reference has been deleted (anonymized data).
9. Third-level links
The destinations of such links are not under the control of XMOBA, so XMOBA is not responsible for the content of any linked web page, or any link included in a web page reached from the Application, or any change or update of such pages.
These links are provided solely to provide the User with information on a specific subject or access to the services in question with such third parties, and the inclusion of a link does not imply approval of the linked website by XMOBA.
10. Usage Restrictions
The User must comply with all applicable traffic and road safety regulations and legislation. The User will be solely responsible for any failure to comply with the aforementioned regulations and legislation, XMOBA being exempt from any liability in this regard.
WARNING: WE REMIND YOU THAT YOU MUST ALWAYS DRIVE WITH CARE. THE MANIPULATION OR USE OF ANY ELECTRONIC DEVICE, WHICH MAY INTERFERE WITH DRIVING, MUST BE CARRIED OUT SAFELY WITH THE VEHICLE PARKED AND IN ACCORDANCE WITH APPLICABLE LEGISLATION.
MOBILE DEVICES, NAVIGATION SYSTEMS OR OTHER COMMUNICATION SYSTEMS ARE PROHIBITED UNLESS YOU HAVE THE HANDS-FREE MODE AND/OR IN ACCORDANCE WITH APPLICABLE LAW.
For the use of the Application, Users must expressly accept the Conditions of Use that are in force at all times and that the same Application will present on screen.
Likewise, XMOBA reserves the right to modify, extend or reduce the scope of the services included in the Application, or to change its functions at any time.
12. Incorrect use
The User undertakes not to misuse the Application. In particular, the User undertakes not to carry out the following actions:
– Use the Application or any part of it on other private or commercial websites, as well as make commercial use of the Application; or establish hyperlinks or hyperlinks to the Application or any of its contents (unless expressly authorized in writing by XMOBA).
– Alter, copy, modify, decompile, disassemble, reverse engineer, license, lease, sell or imitate the Application or its contents.
– Transmit a virus or other harmful component that harms, limits or damages the Application or any connected network or that interferes with the use and enjoyment of the Application by other users.
– Disclose, extract, reuse, forward or use in any way, in whole or in part, in any medium or support of any part of the Application belonging to XMOBA without the express prior permission of the company.
13. Communication modes
Communications from XMOBA to the User will be made in accordance with the data provided by the User when creating his or her User Account. The User expressly accepts and for all communications related to the use of the Application, the use of electronic mail as a valid procedure for sending such communications. To this end, the holder must at all times maintain a valid e-mail address in his/her account profile and must check incoming messages periodically and frequently.
If XMOBA is required by law to provide information in a permanent medium, XMOBA will send the User an e-mail (with or without attachments) or a notification indicating information in the Application or on the website www.justmoove.com, so that the User is permitted to retain the printed information or in any other format that may be retained permanently for future reference. You should keep copies of all communications we send or make available to you.
Regarding the language in which communications are made, XMOBA will communicate with you in Spanish and will always accept communications sent to you in this language. Communications from XMOBA that are offered in other languages will always be optional (without implying the assumption of the obligation on our part to continue sending communications in that language in the future) and its offer will be at the discretion of XMOBA.
The User agrees that XMOBA may provide notifications or other information by publishing it in the Application or on the website www.justmoove.com (which includes the publication of information that can only be accessed by you by logging into your User Account), by sending it by e-mail to the address appearing in your User Account or by postal mail to the address appearing in your User Account, by calling you by telephone or by sending you a “SMS-text” message.
You can contact us at any time by sending a message to Customer Service at email@example.com.
14. Notification of possible violations
XMOBA respects the rights of third parties and the applicable legislation. The User of this Application is obliged to do the same.
If any User should detect an offensive use of this Application and/or for purposes contrary to current legislation, he/she must notify XMOBA immediately by means of the e-mail address firstname.lastname@example.org.
15. Geo data transfer
The use of the geo-location services offered by the Application involves the transfer of geo data. When the User uses this service, his device will ask for his consent to determine his geo location and transfer the data to the Application. In this sense, for a more suitable geo-location, the User must activate and authorize the location services, which use information such as GPS signals, device sensors, Wi-Fi access points, mobile network identifiers, etc., which is used to estimate the precise location. If you wish, you can later deactivate these services, taking into account the limitations of use of the Application that this could imply.
Likewise, the transmission of the position can only take place if the User’s device can transmit to the Application.
16. Service and warranty exclusion
XMOBA will do everything reasonable to ensure the proper functioning of the Application. However, XMOBA cannot guarantee the absence of service interruptions for the purpose of repairing and/or maintaining the Application or for lack of coverage or failures in the equipment and/or networks necessary for the transmission of data, which are beyond its control. XMOBA shall take appropriate measures to reduce such interruptions.
Although XMOBA will do everything reasonable to ensure that the information contained in the Application is accurate, correct and updated, it must be considered that such information is only indicative and, therefore, its sole purpose will be to constitute a guide to provide general data, not detailed or specific information on the products and services that appear in the Application. In this sense, such information may be subject to change.
In particular, the data provided to Users in relation to service stations in the sense indicated in point (v) referring to “Justmoove Services” is expressly informed of the following:
These data are obtained from the official website of the Ministry of Industry, Trade and Tourism.
The updating of the data is subject to the actual updating of the data provided by the aforementioned Website. Likewise, only the service stations that appear on said portal are shown through the Application.
XMOBA is not responsible for the data obtained through the Website, i.e. fuel prices, location of service stations, among others, being accurate, correct and up to date.
The User uses the Application at his/her own risk. By accessing it, the User undertakes to use it in accordance with the Law, being liable to XMOBA and/or third parties for any damage or harm that may be caused as a consequence of the breach of this obligation.
XMOBA will not be responsible for any damages or losses that are generated due to Users having selected inadequate passwords or not having kept them safe infringing the present Conditions of Use or for any damages or losses caused by third parties to which Users have given access.
In any case, the User will be fully responsible for those data or contents that he transmits or communicates to XMOBA. XMOBA does not control or supervise any of the referred contents, unless so established by the competent court or an administrative decision, reserving the right to eliminate them or prevent their visualization until the ownership of the material in question or the legality of the same is demonstrated.
XMOBA is not responsible for any possible security errors that may occur or possible damage, alterations or other damages that may be caused to the User’s device (hardware and software) and / or the files or documents stored therein, as a result of the presence of viruses in the device of the User used to connect to the services and contents of the Application, a malfunction of the Internet, telephone faults, interference, omissions or disconnections in the operation of the Application or, in general, for any reason beyond XMOBA.
Likewise, XMOBA cannot control the information, contents, products or services provided by third parties that can be accessed through the Application (e.g. the Services of the Partners, the FS Pay System, the Access Device or the correct functioning of the VIA-T Device), nor does it review or validate said products and/or services or any other circumstance related to said services or, in general, any other service provided by third parties. Consequently, XMOBA shall not be liable, directly, indirectly or subsidiarily, for damages of any nature arising from the use and contracting of third party services through the Application, the lack of operation of the same, their availability, security, quality or deficiencies in use arising from problems experienced by the service provider or for any other reason beyond its control, as well as the lack of legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of the same.
Without prejudice to the foregoing, Users may make any suggestion, complaint or claim by contacting Customer Service at the following e-mail address: email@example.com, which will be redirected to the corresponding third party.
The Application may contain advertising content or offers, the advertisers or offerers being solely responsible for ensuring that the material submitted for inclusion in the Application complies with the laws that may be applicable in each case. XMOBA will not be responsible for any error, inaccuracy or irregularity that these contents may contain. In any case, in order to lodge any claim related to the advertising contents inserted in the Application, please contact the following e-mail address: firstname.lastname@example.org.
The Application will have available the characteristics of the territorial area in which it was activated, if the User circulates in a different territorial area, the characteristics will remain the same as those enabled at the time of the first connection with the Application. Due to legal circumstances there may be functions that are disabled in some countries.
XMOBA does not control, in general, the use that Users make of the Application. In particular, XMOBA does not guarantee, under any circumstances, that Users will use the Application in accordance with the law, these Conditions of Use, morality, generally accepted good customs and public order, nor that they will do so in a diligent and prudent manner. Consequently, XMOBA is not responsible for the use made by the User of the content of the Application that may involve a violation of any rule, national or international, intellectual or industrial property rights or any other rights of a third –party.
19. Independence and integration of clauses
20. Final provisions, applicable law, competent courts
b. Any controversy that may arise as a result of the use of the Application or of these Conditions of Use will be submitted to the competent courts of the city of Barcelona (Spain), and in the case of a User acting as a consumer, to the court of the corresponding domicile of the User/consumer.
© XMOBA, S.A. 2018. Reproduction in whole or in part is forbidden. All rights reserved.