PaynoPain Solutions SL. is a company whose registered office is located at: Paseo Universidad, 23, Esc.5, Bajo 5, 12.006 Castellón de la Plana, Spain and whose cif is B 12871216. The contact email address is the following: firstname.lastname@example.org
The Service (from now on called PaynoPain), can be provided from different URL’s and/or under different brands. The present Conditions of use give coverage to the benefits of the services realized from the URL that gives access to these conditions of use and therefore, to the own page that provides the service.
The present document constitutes the agreement between you and PaynoPain Solutions SL. that contains the conditions that will regulate the use that you make of the PaynoPain service. This agreement together with all updates, additional terms and conditions and all PaynoPain Solutions SL. rules and policies referred to herein – collectively constitute the ‘agreement’ between you and PaynoPain Solutions SL. You must accept and comply with the present conditions in these terms; no changes, additions or deletions are accepted, and PaynoPain Solutions SL. may deny you access to the PaynoPain service in case of breach of any provision of this contract.
PaynoPain Solutions SL. is the sales and distribution manager of PaynoPain ‘the Service’, which allows you to make payments and collections through your cell phone, subject to the terms and conditions set forth in this Agreement.
a) Applicable Conditions. This Agreement shall apply to any use of the PaynoPain Service.
b) Minimum Age Requirement. This Service is only available to persons of legal age. You consent to use the Service, and agree that PaynoPain Solutions SL. shall not be liable to you for the content that is acquired through PaynoPain and you must assume that PaynoPain Solutions SL. does not guarantee its accuracy.
c) System Requirements. Because use of the Service involves the use of hardware, software and Internet access, your ability to use the Service may be affected by the performance of these factors. You acknowledge and agree that obtaining such system requirements is your responsibility.
d) Finality of Purchases. All purchases made on the PaynoPain Service are final. You will not have the right to cancel a purchase made in PaynoPain once the subscription process has been completed. The PaynoPain Service starts immediately when You successfully complete the subscription process to the PaynoPain Service.
f) User Account Security. As a registered user of the Service, You may establish an account ‘the Account’ by registering for the Service. You are responsible for maintaining the confidentiality of data relating to your account. You shall not disclose your account information to any third party or use the account of any third party. You are entirely responsible for all activities that occur on or through your account, and you agree to immediately notify PaynoPain Solutions SL of any unauthorized use of your account or any other breach of security of which you become aware. PaynoPain Solutions SL will not be liable for any loss resulting from unauthorized use of your account that is not due to the negligence of PaynoPain Solutions SL.
g) Product Requirements. You acknowledge that certain uses of content purchased through the Service may require the use of other hardware and software products, and that the availability of such hardware and software products are your responsibility.
a) The contracting party agrees not to use the service to carry out commercial transactions that may constitute a crime. PaynoPain Solutions SL reserves the right to demand the necessary documentation or data to ensure the correct use of the service and that it is not being used for criminal purposes.
b) The license to use the payment system/s granted to you under this Agreement allows you to use them only to you as authorized or licensee for private and/or commercial purposes, and not for redistribution, transmission, assignment or sublicensing, to the extent permitted by law or by written authorization by PaynoPain Solutions SL.
c) You agree not to attempt on your own, and you agree not to encourage or assist any third party to circumvent, bypass or modify any security technology, security code or other security features of PaynoPain Solutions SL, or to use or modify any security technology, security code or other security features of PaynoPain Solutions SL.
d) The technical implementation of the service, including the source code does not imply a transfer, in your favor, of any right of commercial or promotional use of the products and/or technologies that allow the provision of the service by PaynoPain Solutions SL.
e) You acknowledge that the hiring of the service and the receipt of the software and any data intended for the proper implementation of the service by you constitutes your acceptance and commitment to use such services and/or products exclusively in accordance with the Rules of Use, and that any other use of the services and/or products may constitute an infringement of copyright.
f) PaynoPain Solutions SL is not responsible under any circumstances for the goods or services acquired through its payment system. Also PaynoPain Solutions SL has no responsibility beyond the correct rendering of the contracted service and it is expressly accepted by the contracting party to exempt PaynoPain Solutions SL from any infringement of the legislation in force in the territory from or in which the service is used, assuming the contracting party all the legal responsibility on the use made of the service.
The Service is controlled and operated by PaynoPain Solutions SL from its offices in Castellón de la Plana, Spain. You agree to comply with all local and national laws, rules, ordinances and regulations that apply to your use of the Service.
a) Acknowledgment of Ownership. You acknowledge that the Service, including but not limited to source codes, associated programs, encryption keys, and any other material or information provided by PaynoPain Solutions SL, and used to implement the Service, contains proprietary information and material that is owned by PaynoPain Solutions SL and/or its licensors and is protected by applicable intellectual property and other laws, including, but not limited to, copyright laws, and you agree not to use such proprietary information or materials in any way, except in connection with your use of the Service in accordance with the terms of this Agreement. No part of the Service may be reproduced in any form or by any means, except to the extent expressly permitted herein. You agree not to modify, rent, lease or loan, sell, distribute or create derivative works of the Service in any way, and you will not exploit the Service in any unauthorized manner.
b) Removal of Content or other Materials. Notwithstanding any other provision of this Agreement, PaynoPain Solutions SL and its licensors reserve the right to modify the Service and, therefore, in a reasonable manner, may modify, suspend, withdraw or block access to the service, when the contracting party breaches any of the terms of this contract and / or there are sufficient grounds that may harm PaynoPain Solutions SL against other customers or before the authorities, financial institutions, etc …. at any time and without notice. PaynoPain Solutions SL may also impose limits on the use of certain features or parts of the Service or access to them, in any case and without any obligation of notification or liability in order to avoid misuse of the service.
c) Copyright. All copyrights relating to the material provided are owned by PaynoPain Solutions SL and / or its licensors, who reserve all rights in law and equity. PaynoPain Solutions SL holds the relevant licenses to the material supplied. The use of any part of the service other than as permitted by these terms and conditions, is strictly prohibited, shall constitute an infringement of intellectual property rights of third parties and may be punishable by civil and criminal penalties, including the payment of damages for damages arising from copyright infringement.
d) Trademarks. All PaynoPain service marks and graphic content and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of its affiliates. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of their respective owners. No right or license is granted to you with respect to any such marks and your use of them.
a) Payment of the services. By contracting the PaynoPain Service You are obliged to pay for all contracted services at the prices indicated in our price list as shown on the website. The amount and renewal period to be paid will depend on the terms agreed between the parties and the chosen payment method (credit card or wap-billing). You agree that PaynoPain Solutions SL may charge the agreed amount for each transaction made through the contracted payment system, as well as any additional amounts (including, if applicable, any applicable taxes and late fees) that may accrue in connection with your Account. You will be responsible for timely payment of all fees for the services contracted through PaynoPain Solutions SL.
b) Access to the Service shall be for an indefinite period of time unless otherwise stated by either party. The contracting party will have to inform PaynoPain Solutions SL of the request of suspension and termination of the service with a minimum of one month and a half in advance, to allow PaynoPain Solutions SL to finalize the management and closing of accounts with the above mentioned client.
c) Right to modify prices and availability of services. The prices and the availability of the service/s can be modified at any time in order to be able to maintain the same one in active and/or to carry out the improvements or necessary modifications for its correct operation.
d) PaynoPain accepts credit cards or payment through your Account. The transaction will be credited with the purchase order number reflected in your PaynoPain panel on your credit account statement. In case of payment through your Account, the transaction will be charged to your telephone bill. PaynoPain Solutions SL may obtain prior approval from the credit card company for an amount up to the amount of the order. PaynoPain Solutions SL accepts the following payment cards: American Express, 4b, Visa and MasterCard. Credit cards have daily spending limits that may prevent the processing of your order. For assistance with billing or other issues related to the processing of requests for registration in the service, you can send an email to: email@example.com
Limitations of the Responsibility. PaynoPain Solutions SL will provide the service with a reasonable degree of professionalism and diligence. PaynoPain Solutions SL makes no other warranties about the service and, in particular, does not warrant that:
(a) your use of the service will be free of interruptions or errors. You agree that PaynoPain Solutions SL may occasionally interrupt the service for indefinite periods of time or cancel the service at any time for technical or operational reasons, in which case it will notify you of such circumstance to the extent possible;
b) the service will be free from loss, corruption, attacks, viruses, interference, acts of hacking or other security intrusions, which shall constitute circumstances of force majeure, and PaynoPain Solutions SL disclaims any liability in connection therewith.
PaynoPain Solutions SL reserves the right to take any action it deems reasonably necessary or appropriate to enforce and/or verify compliance with this Agreement (including but not limited to the right of PaynoPain Solutions SL to cooperate in any legal process relating to your use of the Service and/or the Products, and/or any claim by a third party that your use of the Service and/or the Products is unlawful and/or infringes the rights of such third party). You acknowledge that you PaynoPain Solutions SL shall be entitled to communicate any Registration Data and/or any information about your Account, in accordance with Regulation No. 2016/679/, of 27/04/16 of the European Parliament and of the Council, to law enforcement agencies, public officials and/or any third party, if reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.
a) Termination for breach. If You breach or PaynoPain Solutions has reasonable grounds to believe that You have breached any of the provisions of this Agreement, including but not limited to, Your failure to pay fees due, failure to provide PaynoPain Solutions with a valid subscription account or correct and complete Registration Data, failure to protect Your Account information, breach of the Usage Rules or any license relating to the Software, or violation of the rights of a third party, PaynoPain Solutions may, at its option: (i) terminate this Agreement and/or terminate your Account, in which case You will remain liable for payment of all amounts due under your Account up to and including the date of termination and/or (ii) prevent access to the Service (or any part thereof).
b) Modification or Termination of the Agreement. PaynoPain Solutions SL reserves the right to modify, suspend or terminate the Service (or any part or content thereof) at any time without liability.
c) In the event that it is verified that the regulations of use and/or its policies have been breached, or that the PaynoPain Solutions SL service has been misused in a way that may result in damages for PaynoPain Solutions SL or for the correct provision of the service, PaynoPain Solutions SL reserves the right to suspend the service and retain the amounts accrued, which will be destined to social projects or for altruistic purposes for our associates, likewise this contract will be annulled and without value, renouncing the contractor of the services to any claim on the retained amounts, being these at the free disposal of PaynoPain Solutions SL.
PaynoPain Solutions SL reserves the right to update, to revise, to supplement and to modify the present Contract at any time, and to establish new or additional norms, policies or conditions in relation to the use of the Service depending on what the financial institutions or current legislation demands or the needs of PaynoPain Solutions SL to be able to continue providing the Service correctly.
This Agreement constitutes the entire agreement between you and PaynoPain Solutions SL and governs your use of the Service, superseding any prior agreements between you and PaynoPain Solutions SL relating to the PaynoPain Service. If any provision of this Agreement is declared invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. PaynoPain Solutions SL shall not be liable for any failure to perform any of its obligations due to causes beyond its control.
This Agreement and the use of the Service are governed by the laws of Spain. This Agreement shall be construed and enforced in accordance with Spanish law. Both parties, waiving any other jurisdiction that may correspond to them, submit to the Courts and Tribunals of Castellón de la Plana to resolve any issues that may arise as a result of what is agreed in this contract and its interpretation.
The User shall consult with its bank and, where applicable, with the Supplier’s bank, any other terms and conditions regarding the conditions of refunds for non-executed, defective or delayed payments.