Conditions of use

LEGAL NOTICE – CONDITIONS OF USE OF THE PLATFORM

This Legal Notice regulates the use of the website www.gibobs.com and the app.gibobs.com (hereinafter, “the Platform”) owned by GIBOBS, SL, with NIF B88226725, and address at Calle Las Norias, 92 Building Nuestra Señora del Pilar 28221, Majadahonda, Madrid, contact: info@gibobs.com. Registered in the Madrid Mercantile Registry with the following information: Volume 38,313, Folio 72, Page M-681686, Registration nº1.

The use of the Platform requires the acceptance of the user of each and every one of the clauses indicated in this Legal Notice, as well as the acceptance of each of the warnings or specific clauses that are established for the contracting of certain services, products or use of areas of the Platform.

In case of not accepting the clauses established in this Legal Notice, the user must refrain from accessing and / or using the services and / or contents made available to them on the Platform.

USE OF THE PLATFORM

The user undertakes not to use the Platform to carry out activities contrary to the laws, morals, public order and, in general, to make use of it in accordance with the conditions established in this Legal Notice. Likewise, it is obliged not to carry out advertising or commercial exploitation activities by sending messages that use a false identity.

GIBOBS, S.L. acts exclusively as responsible for the Platform in its capacity as provider of an information service about its own services, not being responsible for the contents that, in contravention of this Notice, users may send or publish, the user being solely responsible for the veracity and legality of the same.

It is not allowed and, therefore, its consequences will be the sole responsibility of the User, access or use of the Platform for illegal or unauthorized purposes, with or without economic purpose. In particular, and without the following list being absolute or closed, it is prohibited:

• Use the Platform in a way that may cause damage, interruptions, inefficiencies or defects in its operation or in a third party’s computer;
• Use the Platform for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;
• Use the Platform to collect personal data from other users;
• Register through the Platform with a false identity, impersonating third parties or using a profile or performing any other action that may confuse other Users about the identity of the origin of a message;
• Access without authorization to any section of the Platform, to other systems or networks connected to the Platform, to any GIBOBS server, or to the services offered through the Platform, by means of hacking or falsification, password extraction or any other illegitimate medium;
• Breaking, or attempting to breach, the security or authentication measures of the Platform or any network connected to it, or the security or protection measures inherent to the content offered on the Platform;
• Carry out any action that causes a disproportionate or unnecessary saturation in the Platform infrastructure or in the GIBOBS systems or networks, as well as in the systems and networks connected to the Platform; or
• Upload documentation to the Platform that may contain viruses, malicious code or harmful files.

GIBOBS, S.L. may interrupt the service of the Platform that is being used by the user and immediately resolve the relationship with the user if it detects a use of the Platform or any of the services offered therein that may be considered contrary to what has been expressed in this Legal Notice.

The breach of any of the previous obligations by the User may entail the adoption by GIBOBS of the appropriate measures protected by Law and in the exercise of its rights or obligations, which may lead to the elimination or blocking of the account of the offending User, without that there is any possibility of compensation for the damages caused.

The User who breaches these prohibitions will be responsible for any claim that occurs as a result of it. Even if there is no claim from a third party, GIBOBS reserves the right to prevent access to the Platform or the possibility of participating in the spaces provided therein to users who breach these conditions.

LINKS OR LINKS

The Platform may include links to third party sites. The web pages or platforms belonging to third parties have not been reviewed nor are they subject to controls by GIBOBS, S.L. that it cannot be held responsible for the contents of these websites or for the measures adopted regarding their privacy or the processing of their personal data.

GIBOBS, S.L. recommends careful reading of the conditions of use and the privacy policy of these sites.

If you are interested in activating a link to any of the web pages of GIBOBS, S.L. The User must communicate it, obtaining the express consent to create the link. GIBOBS, S.L. reserves the right to object to the activation of links to its website.

MINORS

GIBOBS, S.L. reminds users of legal age, who are in charge of minors, that it will be their sole responsibility to determine what services and / or content are not appropriate for the age of the latter.

GIBOBS, S.L. informs them that there are computer programs that allow filtering and blocking access to certain content and services, in such a way that it is possible to decide which Internet content and services minors can access and which not.

USER REGISTRATION

Access to part of the contents of the Platform is completely free, without prejudice to the fact that there may be sections or particular services that require for their use and enjoyment the payment of some economic amount, of which in any case the User will be duly informed, and that it must expressly accept in order to enjoy them.

To register on the Platform, the User must:

• Be of legal age (equal to or more than 18 years old). Access to the Platform by minors is prohibited.

• Authorize through the Platform or an agent your interest in hiring intermediation services for the contracting of mortgage credit.

• Receive an SMS or email with a link to accept the formalization of the Intermediation Contract.

• Accept the formalization of the Intermediation Contract through the Platform.

Under no circumstances GIBOBS S.L. will be responsible for the veracity of the registration data provided by Users to the agent or through the Platform, so that each of the Users will be solely responsible for the possible consequences, errors and failures that may arise from the lack of quality of the data.

In the event of an error in their registration data, the User must contact GIBOBS S.L. as soon as possible with the sole purpose of carrying out the necessary corrections.

In the same way, the registered User assumes that the User account is personal and non-transferable, being able to register on the Platform both natural persons and legal persons, whether they are commercial companies or other types of entities. That said, it is the responsibility of the User to keep the User and the password with due diligence, and cannot be provided to third parties at any time. Consequently, Users are responsible for the adequate custody and confidentiality of any identifiers and / or passwords that they have selected as Registered Users of GIBOBS SL, and they undertake not to assign their use to third parties, either temporarily or permanently, or allow their use access to outsiders. Therefore, the breach of said fact by the User will exempt GIBOBS S.L. with respect to the responsibility of the damages that may have caused the User with respect to the unauthorized access. . The User will be responsible for the illicit use of the Platform by any illegitimate third party, who uses a password for this purpose due to non-diligent use or loss of it by the User, exempting GIBOBS S.L. from liability.

The password, personal and non-transferable, must be generated by the User in accordance with the rules of robustness and complexity that are established at all times by GIBOBS S.L . The password created by the User will have an unlimited temporary validity.

However, GIBOBS S.L. has the necessary functionalities so that the User, notifying GIBOBS S.L. in advance, can change his password when he deems it appropriate, for example, because he suspects or constantly that the confidentiality of the password has been breached.

The password is personal and not transferable. The User agrees to make diligent use of his password and keep it secret, not transmitting it to any third party and not to GIBOBS S.L. Consequently, Users are responsible for the adequate custody and confidentiality of any identifiers and / or passwords that they have selected as Registered Users of GIBOBS SL, and they undertake not to assign their use to third parties, either temporarily or permanently, or allow their use access to outsiders. The User will be responsible for the illicit use of the Platform by any illegitimate third party, who uses a password for this purpose due to non-diligent use or loss of it by the User, exempting GIBOBS S.L. from liability.

By virtue of the foregoing, it is the User’s obligation to immediately notify GIBOBS S.L. about any fact that allows the improper use of identifiers and / or passwords, such as theft, loss, or unauthorized access to them, in order to proceed with their immediate cancellation. As long as such facts are not communicated, GIBOBS S.L. will be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.

INTELLECTUAL AND INDUSTRIAL PROPERTY

The entire content of the Platform: text, images, brands, graphics, logos, buttons, software files, color combinations, as well as the structure, selection, arrangement and presentation of its contents, is protected by the laws on Property. Intellectual and Industrial, being prohibited its reproduction, distribution, public communication and transformation, except for personal and private use.

GIBOBS, S.L. does not guarantee that the contents are accurate or error-free or that the free use thereof by the User does not infringe the rights of third parties. The good or bad use of this Platform and its contents will be the sole responsibility of the user.

Likewise, the total or partial reproduction, retransmission, copy, assignment or redistribution of the information contained in the Platform, whatever its purpose and the means used for it, is prohibited without prior authorization from GIBOBS, S.L.

GIBOBS S.L. guarantees that it is the legitimate owner of the Platform and that it has the necessary authorizations.

The User expressly acknowledges that GIBOBS S.L. holds all right, title and interest on the Platform or the authorizations necessary for its use and the pages or websites associated with it, as well as on all its modules, modifications and updates and on any element and / or functionality that was developed on it same.

For these purposes, the recognition of ownership of GIBOBS S.L. is included without limitation. of all copyrights, intellectual and / or industrial property, being able to exploit the Platform, without any restriction of a temporal, territorial nature, relative to means of diffusion or modes of exploitation, and with no more limitations than those established in the laws, as well like all the contents published in it. However, the logos of the products sold are the exclusive property of their respective owners, including GIBOBS S.L. with the prior and necessary authorization for its use.

The structure, characteristics, codes, work methods, information systems and exchange of the same, development platforms, know-how, methodologies, processes, technologies or algorithms that constitute and / or may constitute the Platform, are the exclusive property of GIBOBS SL, being duly protected by national and international laws on intellectual and / or industrial property, and cannot be subject to further modification, copying, alteration, reproduction, adaptation or translation by the User without prior express consent from GIBOBS SL

The provision of the Platform or the mere access by the User does not imply, in any case, the transfer of ownership or the granting of a right of use in favor of the User other than that expressed in this clause.

In order for the User to be able to use the Platform, which is the exclusive property of GIBOBS SL, it grants a non-exclusive license of use in favor of the User, with a temporal scope limited to the duration of this contract, with an unlimited spatial scope in the to the extent that it can be accessed from any computer or device with Internet access, revocable and not sublicensable.

In any case, any type of reproduction, imitation, transmission, translation, modification, elaboration of derivative work and / or public communication is absolutely prohibited, regardless of the means used for it, otherwise the User or third party in violation assumes all responsibilities. direct or derived that could be produced.

For any aspect that is not expressly recognized in this Legal Notice, all rights in favor of GIBOBS S.L. will be understood to be reserved, and its written authorization is necessary to carry it out.

RESPONSIBILITIES

GIBOBS, S.L. It will not be directly or indirectly responsible for:

• The quality of the service, the speed of access, the correct functioning or the availability or continuity of the Platform.
• Damage that may be caused to the User’s equipment by using the Platform.
• The cases in which a third party, violating the established security measures, accesses the messages or uses them to send computer viruses.
• The vices and defects of all kinds of the content transmitted, disseminated, stored or made available.
• The legality, reliability and usefulness of the content that users transmit with the use of the Platform or the services offered therein, as well as its veracity or accuracy. GIBOBS, S.L. does not control the use that users make of the Platform, nor does it guarantee that they do so in accordance with the provisions of this Legal Notice.

By way of example and without limitation, the User will be responsible for:

• the content entered by them, especially the data and information entered and sent to GIBOBS, S.L. through the Platform.
• the performance of any type of illegal action, harmful to rights, harmful and / or harmful.
• the provision of untrue or incorrect data.

GIBOBS S.L. cannot guarantee the reliability, usefulness or veracity of absolutely all the information and / or services of the Platform, nor of the usefulness or veracity of the documentation made available through it.

Consequently, GIBOBS S.L. does not guarantee nor is it responsible for: (i) the continuity of the contents of the Platform; (ii) the absence of errors in said content; (iii) the absence of viruses and / or other harmful components on the Platform or on the server that supplies it; (iv) the invulnerability of the Platform and / or the impossibility of violating the security measures adopted in it; (v) the lack of usefulness or performance of the contents of the Platform; and (vi) the damages or losses caused, to himself or to a third party, by any person who violates the conditions, rules and instructions that GIBOS S.L. established on the Platform or through the violation of its security systems.

However, GIBOBS S.L. declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the functioning of the Platform and minimize system errors, both from a technical point of view and the content published in the herself.

GIBOBS S.L. does not guarantee the legality, reliability and usefulness of the content provided by third parties through the Platform. If the User becomes aware of the existence of any content that is illegal, illegal, contrary to the law or that could imply an infringement of the rights of third parties, he must immediately notify GIBOBS S.L. so that it can proceed to adopt the appropriate measures.

GIBOBS S.L. It will not be responsible for the veracity, integrity or updating of the information published on the Platform from sources other than it, as well as for those contained in other websites to which it is linked from the Platform. GIBOBS S.L. will not assume responsibility for hypothetical damages that may arise from the use of the aforementioned information.

In any case, GIBOBS S.L. reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, navigation, use, accommodation and / or downloading of the content and / or use of services on the Platform, with or without prior notification, to Users who contravene any of the provisions detailed in this Legal Notice, without the User being able to demand any compensation for this cause.

Likewise, GIBOBS S.L. does not assume any responsibility for the services and content of third parties that can be accessed through the Platform, including the situations of financial solvency of the User, as well as the conditions of the mortgage loans, because said offers are not prepared by GIBOBS SL and therefore they are not your responsibility.

Finally, with respect to the services provided by GIBOBS, the user assumes that, in any case, the decisions made in the matter of mortgage intermediation are their sole responsibility and risk, GIBOBS limiting itself to providing an intermediation and / or advisory service using a Own formula that ascertains the viability of the operation for the user and their specific economic situation, based on the data provided by the user. In any case, the decision to assume the operation or not will be exclusive to the user.

CONTRACTING PROCEDURE

In the event that the User wants to access the services offered on the Platform, the contracting procedure is carried out completely electronically through it.

The complete procedure to be followed by all Users who wish to contract the services of GIBOBS S.L., will be as follows:

• The User must carefully read this Legal Notice and Conditions of Use of the Platform, the Privacy Policy, and the Prior Information required by Law 2/2009, of March 31, which regulates contracting with consumers of mortgage loans or credits and of intermediation services for the conclusion of loan or credit contracts.

• Once the previous documents published on the Platform have been read, the User -in case of interest in contracting intermediation services with GIBOBS S.L.- must proceed to the registration process of the Platform or through a third party (agent).

• Once the User has proceeded to register as a user of GIBOBS S.L. By providing your identification data (name, surname and ID) and your contact information (telephone number and email) – or through the agent-, you will be provided a link to the Platform in which the User, to access the services of GIBOBS SL, you must accept the contracting conditions (brokerage contract). In the case of not accepting them, he will not be able to access the services previously indicated and described.

Once the User accepts the Intermediation Contract, it is understood that the contractual relationship between GIBOBS S.L. and the User is perfected.

SIGN UP AS A REGISTERED USER

The User can, at any time, request their withdrawal from the Platform, being enough to request it by written communication to GIBOBS S.L. to your registered office indicated in the heading of this document, indicating your User name and the specific service from which you wish to unsubscribe. Keep in mind that the withdrawal as a User of the Platform may imply the impossibility on the part of GIBOBS S.L. to provide mortgage credit intermediation services.

In any case, once the withdrawal has been made, the User may request a new registration, saving the faculty of GIBOBS S.L. not to admit said registration.

PROCESSING OF PERSONAL DATA

The personal data of the Users will be treated under the following indications:

JURISDICTION

This Legal Notice is written in Spanish and subject to current Spanish legislation. For any type of controversy derived from the use of the services offered or the contents of the Platform, the parties will submit to the competent Courts and Tribunals of Madrid.

If any of the clauses described in the Legal Notice were declared null and void, the rest will continue to apply, without being affected by the declaration of nullity.