Terms and Conditions
1. Ownership of the portal
In compliance with the provisions of article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce , we inform you that the domain www.blinkay.com is owned by Integra Parking Solutions SL with address at c\Travessera de Gràcia 56, Ático 3ra, 08006 Barcelona, CIF B67056499, Registered in the Mercantile Registry of Barcelona , Volume 46,045, Folio 134, Sheet 507,721, Inscription 1 hereinafter “the Entity” , with email contact: email@example.com.
For the StreetSmart Project in the Philippines, all communications should be coursed through the exclusive distributor, Rebar Solutions, Inc., hereinafter the “Distributor” with address at Unit 10-1 One Global Place, 5th Avenue corner 25th Street, Bonifacio Global City, Taguig, Philippines 1630 with email contact: firstname.lastname@example.org.
These Terms and Conditions of Use govern the use by the user of the Blinkay application available through the website www.blinkay.com and the various sales/download channels of APPs for iOS, Android, Blackberry, Windows Mobile and IV (hereinafter “the Portal” ). Your access to the Portal attributes the condition of user (hereinafter, the “User” ) and implies full and unreserved acceptance of each and every one of the conditions included in these Terms and Conditions of Use , in the version published by the Entity at the very moment the User accesses the Portal .
These Terms and Conditions of Use collect the conditions of use that regulate the access, navigation and use of the Portal , as well as the responsibilities derived from the use, provision and/or contracting of the products or services that, where appropriate, may be offered. , as well as the contents that comprise it, and without prejudice to the fact that the Entity may establish particular conditions that regulate the use, provision and/or contracting of products or services that, where appropriate, are offered to Users through the Portal . In any case, said particular conditions will form an integral part of these Terms and Conditions of use .
Consequently, prior to using the services described, the User must carefully read the content of these Terms and Conditions of Use .
3. Access and Use of the Portal
Access to the Portal by Users is free and gratuitous. However, the use, provision and/or contracting of the products or services that, where appropriate, may be offered by the Entity may be subject to the prior observance of formal requirements such as the completion of the corresponding form, payment of expenses or fees and/or prior acceptance of the particular conditions that may apply to them.
The mere access to the Portal does not imply, in itself, the establishment of any type of link or commercial relationship between the Entity and/or the Distributor and the User, except when the appropriate means have been established for it and the User has previously complied with the requirements that , if any, are established.
The inclusion in the Portal of information related to products or services offered by the Entity and/or the Distributor is exclusively for informational and advertising purposes, unless another purpose is expressly established.
For the use, provision and/or contracting of some products or services offered through the Portal , the User must proceed to their registration, they will be responsible for providing truthful and lawful information, guaranteeing the authenticity of all the data that they enter at the time to fill in the pre-established forms to access the products or services in question. As a result of registration, the User will be provided with a password, and the User undertakes to use it diligently and to keep it secret. Consequently, Users are responsible for the proper custody and confidentiality of any identifiers and/or passwords that are provided by the Entity .,and undertake not to assign its use to third parties, either temporarily or permanently, or to allow access to outsiders. The use and/or contracting of the products or services by any illegitimate third party that uses a password for this purpose due to non-diligent action or the loss of the password by the User will be the exclusive responsibility of the User.
By virtue of the foregoing, it is the User’s obligation to immediately notify the Entity and/or the Distributor of any fact that allows the improper use of identifiers and/or passwords, such as theft, loss, or unauthorized access to them, with in order to proceed with its immediate cancellation. As long as such facts are not communicated, the Entity and/or the Distributor will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.
In any case, the access, navigation and use of the Portal and, where appropriate, the use or contracting of the services or products that are offered through it, is done under the sole and exclusive responsibility of the User, for which he undertakes to diligently and faithfully observe any additional instructions, given by the Entity or by authorized personnel of the Entity , regarding the use of the Portal and its contents.
Therefore, the User undertakes to use the contents, products and services diligently, correctly and lawfully, in accordance with current legislation and, in particular, undertakes to refrain from:
- Use them for purposes or effects contrary to the law, morality, generally accepted good customs or public order and the instructions received from the Entity .
- Use them for harmful purposes of the legitimate rights of third parties.
- Use the contents and products and, in particular, the information of any kind obtained through the Portal or the services to send advertising, communications for direct sales purposes or with any other kind of commercial purpose, unsolicited messages addressed to a plurality regardless of its purpose, as well as refrain from marketing or disclosing said information in any way.
5. Responsibilities and Limitations
Consequently, the Entity and/or the Distributor does not guarantee nor is it responsible for:
- The continuity of the contents of the Portal and/or the lack of availability or accessibility of the Portal or its technical continuity;
- The absence of errors in said content or products;
- The absence of viruses and other harmful components in the Portal or in the server that supplies it;
- The invulnerability of the Portal and/or the impregnability of the security measures adopted in it;
- In your case, the lack of usefulness or performance of the contents or services of the Portal ;
- The damages or losses caused, to himself or to a third party, by any person who violates the conditions, rules and instructions that the Entity establishes in the Portal or through the violation of its security systems;
- Any other damage that may be caused by reasons inherent to the non-functioning or defective functioning of the Portal or of the websites to which, where appropriate, links may have been established.
However, the Entity declares that it has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Portal and avoid the existence and transmission of viruses and other harmful components to Users.
The Entity makes every effort to avoid errors in the content published on the Portal . All the contents offered through the Portal are updated, and the Entity reserves the right to modify them at any time. The Entity is not responsible for the consequences that may arise from errors in the content that may appear on the Portal provided by third parties.
Any communication or transmission of content that infringes the rights of third parties and whose content is threatening, obscene, defamatory, pornographic, xenophobic, attacking the dignity of the person or the rights of children, current legislation or any conduct that incites or constitute the commission of a criminal offense.
Likewise, the inclusion and communication of content, by users, that are false or inaccurate and that lead or may lead other users or the staff of the Entity to error , in particular the content that is protected by any intellectual or industrial property rights, belonging to third parties, when they do not have the authorization of the owner of the rights, undermine or discredit the reputation or credit of the Entity , are considered as a case of illicit, misleading or unfair advertising and/or incorporate viruses or any other electronic element that could damage or impede the functioning of the website, the network, the Entity’s or third parties’ computer equipment and/or access to theportal from other users.
6. Intellectual and Industrial Property Rights
The Entity is the owner or has obtained the corresponding license on the exploitation rights in terms of intellectual, industrial and image property on the contents available through it, among others by way of example and not exhaustive, the texts, graphic designs, drawings, codes, software, photographs, videos, sounds, databases, indexes, images, trademarks, logos, expressions and information and, in general, any other creation protected by national regulations and international treaties on intellectual and industrial property (in hereinafter, jointly, the Contents).
All intellectual and industrial property rights over the Contents are reserved and, in particular, it is forbidden to translate into other languages, modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the Contents included in the Portal , for public or commercial purposes, if you do not have the prior, express and written authorization of the Entity or, where appropriate, of the owner of the corresponding rights.
The access and navigation of the User through the Portal in no case shall be understood as a waiver, transmission, license or total or partial transfer of the rights indicated above by the Entity. Consequently, it is not allowed to delete, elude or manipulate the copyright notice (“copyright”) and any other identification data of the rights of the Entity or its owners incorporated into the Contents, as well as the technical protection devices , fingerprints or any information and/or identification mechanisms that may be contained therein.
References to names and trademarks or registered trademarks, logos or other distinctive signs, whether owned by the Entity or third-party companies, implicitly prohibit their use without the consent of the Entity or their legitimate owners. At no time, unless expressly stated, the access or use of the Portal and/or its Contents, confers the user any right over the trademarks, logos and/or distinctive signs included therein protected by Law.
7.1 Links from the Portal to other web pages
The Entity may offer links, directly or indirectly, to Internet resources or web pages that are outside the Portal . The presence of these links on the Portal is for informational purposes, not constituting in any case an invitation to contract products and/or services that are offered or may be offered on the destination web pages, nor does it imply the existence of a link or commercial relationship. or dependency with the entity that owns the linked website. In these cases, the Entity will not be responsible for establishing the general and particular conditions to be taken into account in the use, provision or contracting of these services by third parties and, therefore, cannot be held responsible for them.
The Entity does not have the power or the human or technical means to know, control or approve all the information, content, products or services provided by other web pages to which links can be established from the Portal . Consequently, the Entity cannot assume any type of responsibility for any aspect related to the web pages to which a link could be established from the Portal , specifically, by way of example and not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content, in general.
However, in the event that the Entity becomes aware that the activity or information to which it refers from said links is illegal, constitutes a crime or may harm property or rights of a third party, it will act with the necessary diligence. to remove or disable the corresponding link as soon as possible.
Likewise, if the Users have effective knowledge of the illegality of activities carried out through these third-party web pages, they must immediately notify the Entity so that the access link to it can be disabled.
7.2 Links from other web pages to the Portal
If any User, entity or web page wishes to establish any type of link to the Portal , they must abide by the following stipulations:
- You must obtain the prior, express and written authorization of the Entity .
- The link can only be directed to the main page of the Portal , unless something else is expressly authorized.
- The link must be absolute and complete, that is, it must take the User, by means of a click, to the main page and must completely cover the entire extension of the screen of the Portal ‘s main page . In no case, unless the Entity authorizes something different, the web page from which the link is made may reproduce, in any way, the Portal , include it as part of its website or within one of its “frames” or create a “browser” on any of the Portal pages .
- On the web page from which the link is established, it may not be declared in any way that the Entity has authorized such a link, without it having been so. If the entity that makes the link from its page to the Portal correctly wishes to include in its web page the brand, denomination, commercial name, label, logo, or any other identifying sign of the Entity and/or the Portal , it must previously have the prior, express and written authorization of the Entity .
- In any case, the Entity prohibits the establishment of a link to the Portal from those web pages that contain illicit, illegal, degrading, obscene materials, information or content, and in general, that contravene morality, public order, current legislation, generally accepted social norms or are harmful to the legitimate rights of third parties.
When it is necessary for the User to register or provide personal data (among other cases, to access services; request information; acquire products; send queries,…) the collection and processing of personal data will be carried out in accordance and in compliance with the provisions of the RGPD (EU) 2016/679, of April 27, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and which repeals the Directive 95/46 CE.
8.1 Collection of user information
Provided by the user:
● The user provides his email address and mobile phone, through the registration form available on the Portal .
Automatically obtained by the Portal:
● Mobile Device Location
● Device IDs or other unique identifiers;
● Device and software characteristics (such as type and settings), connection information, page view statistics, referral sources (for example, referring URLs), IP address (which may tell us your approximate location), browser and standard web server log information;
8.2 Use of user information
The information will be used for the following purposes:
● Effectively manage the service requested by the user through the Portal .
● Respond to queries sent by the user through all the query mechanisms offered by the Portal .
● Send the user notifications related to the requested service via SMS or email, such as: parking ticket expiration notice, fine notification, etc.
● Analyze user behavior to improve your browsing experience, and offer you a better service from our Portal .
● Keep the user informed, after obtaining their express consent, about new products and services offered by the Portal .
8.3 Communication of information
Information may be provided to the Distributor and third parties and for certain purposes, as set out below:
Service Providers: The Portal may engage other companies, agents, or contractors (“Data Processors”) to provide services on its behalf or to assist with the services it provides. For example, to provide marketing, advertising, communications, infrastructure and IT services, to personalize and optimize the service, to process transactions with credit cards or other payment methods, provide customer service, collect debts, analyze and improve data (such as, for example, data on user interactions with the Portal service), and carry out satisfaction surveys. During the provision of such services, these providers may access the User’s personal information or other information. The Portal , in no case, authorizes said providers to use or communicate the user’s personal information for a purpose other than that indicated by the Portal for the effective execution of the services that are contracted.
8.4 Exercise of user rights
The User may at any time exercise their rights of access, rectification, cancellation, opposition or any other that assists them in accordance with current regulations, by sending an email to the Treatment Manager, email@example.com, or through the Distributor at firstname.lastname@example.org . Your request will be dealt with within the terms provided by law.
9. Particular Conditions of Use of the Mobile Payment Application
The Entity has developed a service that facilitates the purchase of electronic parking tickets through Applications and makes it available to municipalities that wish to implement it. This service can be used in any city where our collection service is implemented. The user can use the service immediately without or with prior registration, in accordance with the conditions published on www.blinkay.com The amount of the electronic tickets and, where appropriate, the cost of the service is charged depending on the mode of subscription: on the user’s bank card or against the balance of their virtual account on the Blinkay platform . The user, when parking on public roads and when using theBlinkay , is obliged to respect the municipal ordinances. The guards in the area can verify the existence of a valid electronic ticket through terminals by entering the license plate. The Entity is responsible for paying the amounts paid to the concessionaire companies. The availability of the service depends on the availability of telecommunications networks, the Entity is not responsible for any damages that may arise from the use of the Applications.
I. Closing of Contract
The contract is closed when the user registers by registering in the application.
The user undertakes to update the data in his administration area or to communicate the changes to the Entity . This clause especially refers to changes in the following data: mobile number or email.
III. Payment obligation
The client is responsible for paying the expenses incurred for the use of the service, the expenses for the electronic parking tickets purchased and the expenses of the service provided by the Entity . The responsibility also extends to the possible use of the service by third parties authorized or not authorized by the client.
The client may receive a monthly document justifying the payment with a breakdown of the amount of the electronic tickets and, where appropriate, the cost of the service. Said document will identify all transactions with the following data: mobile number or e-mail, parking area, time parked and the total amount broken down.
If you do not have a valid means of payment in the virtual wallet, you will not be able to operate with the application. The service is enabled immediately by registering a valid credit/debit card to the virtual wallet by any of the valid means.
No refunds will be made of the payments made, equivalent to the parking time exhausted by the user.
IV. Way to pay
● Credit card
When registering with a credit/debit card and each time the information on the card is changed or updated, a charge of 10 pesos is made to verify the validity of the means of payment; This charge is returned after three days, depending on the payment time of the bank. This transaction verifies whether the card details are correct and that the card is active.
V. Termination of service
In accordance with the provisions of article 71 of Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by the Royal Legislative Decree 1/2007, of November 16, the client has the right to withdraw from the contract within 14 calendar days from the moment the service has been contracted. To exercise the right of withdrawal, the client must request it in writing to the following email address: email@example.com expressly indicating their request to exercise the right of withdrawal. In any case, it is up to the consumer and user to prove that they have exercised their right of withdrawal. Once the right of withdrawal has been exercised, BLINKAY will be obliged to return, if there is a balance, the sums paid by THE CLIENT, without withholding expenses. The return of these sums must be made without undue delay and, in any case, before 14 calendar days have elapsed from the date on which THE CLIENT was informed of the decision to withdraw from the contract.
The user pays the public parking rate or price in accordance with the current rates regulated in the city council ordinances for each zone. Depending on the city, the user may also pay the Entity ‘s service fee that is published on the website in the “Locations” section for each city, in the applications and/or in the media (vinyls, leaflets) .
10. Duration and Modification
The Entity reserves the right to modify what is established in these Terms and Conditions of Use and/or the particular conditions that, where appropriate, have been established for the use and/or contracting of the products or services provided through the Portal , when it deems it appropriate or with the purpose of adapting to legislative and technological changes, being valid and taking effect from the time of publication on the Portal .
The temporary validity of these conditions of use coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the modified conditions of use will become valid.
The Entity may terminate, suspend or interrupt, at any time without prior notice, access to the contents of the page, without the possibility for the User to demand any compensation. After said termination, the prohibitions on the use of the contents, previously set forth in these Terms and Conditions of Use , will remain in force .
Any communication between the Entity and/or the Distributor and the User must be addressed to the Entity at the postal address indicated above or by email: firstname.lastname@example.org or email@example.com. In any case, communications from the Entity and/or Distributor to the User will be made in accordance with the contact details provided or provided. The User expressly accepts the use of e-mail as a valid procedure for exchanging information and sending communications between and/or with the Entity and/or Distributor .
12. Other Provisions
The headings of the different clauses are for information only, and will not affect, qualify or modify the interpretation of these Terms and Conditions of Use .
In the event of a discrepancy between the provisions of these Terms and Conditions of Use and the particular conditions that, where appropriate, may be established with respect to the products or services offered on the Portal , the provisions of the particular conditions shall prevail.
In the event that any provision or provisions of these Terms and Conditions of Use were considered invalid or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body , such nullity or non-application will not affect the other provisions of these Terms and Conditions of Use , nor the particular conditions that, where appropriate, may have been established.
The non-exercise or execution by the Entity of any right or provision contained in these Terms and Conditions of Use will not constitute a waiver of the same, unless acknowledgment and agreement in writing by you.
13. Applicable Legislation and Competent Courts
These Terms and Conditions of Use and the relations established between the Entity and the User, in particular the knowledge and resolution of any litigation, discrepancies or differences that may arise, will be governed and resolved in accordance with the provisions of the Spanish regulations regarding applicable law and competent jurisdiction.
However, for cases in which the regulations provide for the possibility for the parties to submit to a jurisdiction, the Entity and the User, expressly waiving any other jurisdiction that may correspond to them, will submit any disputes and/or litigation to the knowledge of the Courts and Tribunals of the city where the interested user is domiciled.