Terms and conditions of the App
1. General information
Merlin Properties Socimi SA, with Tax ID Number: A-86977790, with registered office at Paseo de la Castellana, 257, 28046 (Madrid), (hereinafter “Merlin” or the “Company” indistinctly), holder of Merlin HUB app ( hereinafter, the “Application”).
Without prejudice to any other requirements detailed in these Terms and Conditions, we inform you that access and use of the Application is limited exclusively to those people (hereinafter, “member of the Merlin HUB Community”), who either directly or through their employers, have reached an agreement with Merlin, through which they enjoy the several benefits offered by the Company.
If Users wish to contact the Company for any doubt or incident, they can use the following email address firstname.lastname@example.org or contact the telephone number 917 69 19 00 free of charge during business hours from Monday to Friday .
These Terms and Conditions are intended to regulate the use of the Application, including the different services offered through it. In particular, from the Application, the User is provided with a Platform for the provision of services, in which Merlin makes available to the User access to its own services and those of third parties.
The services offered through the Application (hereinafter collectively referred to as “Services”) include the following, which are specific to Merlin:
- Information and registration services for events held in Merlin spaces, which Users can access through the “Home” section.
Additionally, Merlin makes third party services available to Users (hereinafter, “Third Party Services”), specifically:
- Transport and mobility services (taxi, motorcycles, carsharing, carpooling, skates, shuttle bus service, etc.) through the Imbric Platform, which Users can access through the “Mobility” section.
- Offers and discounts services through the Inspiring Benefitis Platform which Users can access through the “Discounts” section.
Access to Third Party Services through the Application is free and voluntary for Users, so in the event that Users make the decision to access them, they will be doing so under their sole responsibility. Merlin, only, facilitates the access of the Users to said Third Party Services, for which reason it does not assume any type of responsibility for the damages and/or losses that could be caused to the Users as a consequence of the use of said Services. For these purposes, the User exonerates Merlin from any liability derived from the Third Party Services.
Notwithstanding the foregoing, Merlin declares and guarantees that it contractually requires that third-party service providers who offer their services through the Application comply with current regulations, paying special attention to current or future regulations that affect their activity.
Merlin may exclude from its application the possibility of contracting Third Party Services for any circumstance and at any time without the need to inform Users.
Likewise, Merlin reserves the right to carry out modifications and/or updates in these Terms and Conditions, as well as in the presentation and/or configuration of the Application, of which the User will be previously informed for their acceptance or rejection in case of being substantial. In any case, it will be considered that the User expressly accepts said modifications or updates if he/she makes a new access to the Application.
Registration as a User in the Application implies the express acceptance of these Terms and Conditions by the User, having the same validity as if he gave his consent by signing in person. In this way, the User acknowledges that he is a person with sufficient capacity to acquire the obligations derived from his actions through the Application, which he has previously read and understands its content.
3. User Registration
Access to the Application will be subject in any case to the User’s prior registration by filling in the corresponding form (“Registration Form”), which will be previously provided to the User.
The registration and use of the Application will be limited exclusively to people over 18 years of age, with legal capacity and who have a valid corporate email address. To register in the App only those email addresses of tenants of real estate assets owned by Merlin are valid. The User will be able to enjoy the use of the Application for the duration of their relationship with their employer and the terms of the relationship between their employer and Merlin are maintained.
The User may not (i) authorize third parties to use its account; nor (ii) allow persons under 18 years of age to receive the services offered through the Application, unless the minors have been authorized by the User who is the holder of the account.
In this regard, Merlin may deny access to the Application to all those applicants other than the registered User who do not meet the necessary requirements, as well as the right to cancel the account of those Users who for whatever reasons fail to comply with them or fail to comply with these terms and conditions.
The registration and use of the Application will be completely free, except for the cost of the connection through the telecommunications network provided by the access provider contracted by the User. To register in the Application, the User must provide, with a mandatory nature, his “Name” and his “Corporate Email” in addition to choosing a “Password”, which will allow him to receive a confirmation email to activate his account and access their User profile (hereinafter, the “User Profile” or “Profile”). The rest of the fields included in the record, among which are “Photo”, “Position”, “Sector”, “Skills” and “About me”, are considered voluntary and may be completed by the User both at the time of register as at a later time, by accessing their Profile.
Likewise, at the time of registration, the authorization of the Users is requested for (i) the visualization of their profile by the rest of Users, (ii) the visibility of the events they are going to attend, (iii) sending push notifications and (iv) using your location to adapt the content offered to you. The previous authorizations are totally free and can be managed by the User, at any time, through the “Permissions” section within “Preferences”.
The data entered by the User in the Registration Form must be exact, current and truthful at all times. Under no circumstances, Merlin will be responsible for the veracity of the data provided by the Users, for which each of them is responsible for the possible consequences, errors and failures that may subsequently arise from the lack of accuracy, veracity and timeliness of the data. MERLIN will not be responsible in the event of unavailability of the Services when this is due to an error in the data provided by the User.
In this sense, the User agrees that the password chosen during the registration process in the Application will be personal and non-transferable, and its transfer, even temporarily, to third parties is not allowed. In this sense, the User agrees to make diligent use and keep the password chosen to access the Application and/or the Services it provides secret. In the event the User knows or suspects the loss, theft or use of its password by third parties, the User must inform Merlin of this circumstance as soon as possible. Each User will be liable for damages caused by the use of the Application by any third party who uses their password for this purpose as a result of improper or negligent use or loss of it.
In any case, any operations carried out before said communication will be deemed to have been carried out by the User, who will be responsible for the damages arising from any unauthorized access and/or use that is carried out prior to such communication.
Notwithstanding the foregoing, Merlin will use its best efforts to inform the User of any behavior showing signs of fraud so that the User can verify as soon as possible the existence of any appropriation or misuse of their account.
4. Unsubscribe as a registered User.
The User may unsubscribe from the Application whenever wishes, by written communication to email@example.com indicating their Username. The process can take between 48 to 72 hours.
Notwithstanding the foregoing, Merlin reserves the right to unsubscribe Users that considers appropriate as it believes these terms and conditions are violated, in which case Merlin will notify the Users through the email used in the registration, indicating the causes that motivate such decision.
5. Responsibility of Users
The User acknowledges and accepts that access to and use of the Application takes place freely and consciously, under their sole responsibility. The User agrees to make proper and lawful use of the Application in accordance with the applicable legislation and these Terms and Conditions. Consequently, the User declares that will hold Merlin harmless and assumes all responsibility derived from breaches of the applicable legislation and / or these Terms and Conditions and, in particular, for any damage caused to Merlin or third parties as consequences of their performances.
The User must refrain from (i) making unauthorized or fraudulent use of the Application; (ii) access or attempt to access restricted resources of the Application; (iii) use the Application for illicit, illegal purposes or effects, contrary to the provisions of these Terms and Conditions, harmful to the rights and interests of third parties, or that in any way may damage, disable or overload or prevent normal use or enjoy the Application; (iv) cause damage to the Application or to the systems of its suppliers, other users or third parties; (v) introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the systems of Merlin, its suppliers, other users or third parties, (vi) try to access, use and/or manipulate data of Merlin, third party providers and/or other Users; (vii) reproduce, copy, distribute, transform or modify the Contents, allow access to third parties through any form of public communication, unless there is an authorization of the holder of the corresponding rights or it is legally permitted; (viii) obtain or attempt to obtain the content using means or procedures other than those that, depending on the case, have been made available for this purpose by Merlin. Merlin will inform the authorities of any illegitimate use of its Application as soon as it becomes aware.
The User may only access the Application through authorized means. Merlin will not be responsible in the event that the User does not have a compatible device or has downloaded a version of the Application that is incompatible with their device.
In case of breach of these Terms and Conditions by the User, even in the event of mere suspicion, or in case of illegal or illicit use of the Application or any of the Services offered through it, Merlin reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, accommodation and/or downloading of the content and/or use of the Application Services, with or without prior notification, without the possibility of the User to demand any compensation for this cause.
6. Merlin’s liability
Except for responsibilities that cannot be excluded or limited as a consequence of the applicable regulations, Merlin is not responsible, directly and indirectly, for claims made by Users that are caused by any of the following circumstances:
- Any loss of profits, sales, business or income of the User.
- Loss of business opportunities for the User.
- Damages of any nature arising from the incorrect use of the Application or the Services offered through it.
- Internet access problems, technological problems beyond the diligent and reasonable management of the owner of the Application.
- Actions or omissions of third parties.
- Damages caused by errors in the information provided by the User.
- Cancellation or modification of the events announced through the Application.
- Content of events announced by the application when organized by third parties outside the Company.
- Third party Services.
- The relationship with third parties derived from the hiring of third-party Services by the User.
Likewise, Merlin is not responsible for: (i) the continuity of the contents of the Application; (ii) the absence of errors in such contents; (iii) the absence of viruses and/or other harmful components in the Application or in the server that supplies it; (iv) the invulnerability of the Application and/or the impossibility of violating the security measures adopted in it; (v) the lack of utility or performance of the content of the Application and (vi) the damages caused, to itself or a third party, by any person who violates the conditions, rules and instructions that MERLIN establishes in the Application or through the violation of the security systems of the Application.
Merlin guarantees that the contents, data or information related to the Services themselves offered in its Application are reliable, truthful and exact. However, Merlin will not be responsible for the content, data or information offered in the Third Party Services that will be regulated in accordance with its own Terms and Conditions.
Notwithstanding the foregoing, Merlin states that has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the operation of the Application and minimize system errors, both from a technical point of view and the content published in the Application.
7. Establishment of links in the App
The establishment of hypertext links (hereinafter, “link”) bound for the App is prohibited, unless it has been previously authorized by MERLIN. In any case, once the link is authorized by Merlin, it must be established in the terms indicated for this purpose by Merlin.
In any case, Users are informed that the inclusion of links in the Application by other applications and/or websites does not imply that Merlin maintains links or association of any kind with the holder of the App and/or website where the link is placed, nor that Merlin promotes, endorses, guarantees or recommends the contents of said applications and/or websites.
8. Linked or integrated Applications and/or Websites
For its part, this Application may include links to other Apps and/or own or third-party websites, even integrated into the App itself. Each User acknowledges that Merlin has no responsibility for the content, products or services available or accessible from those applications and/or websites when they are not Merlin’s own.
In no case does the existence of integrations or links in other Apps and/or own or third-party websites imply recommendation, promotion, identification or agreement of Merlin with the statements, content or services provided through them. Consequently, Merlin is not responsible for the content, products or services available in those Apps and/or websites or from them, or their conditions of use and privacy policies, being the User being solely responsible for checking and accepting them every time they access and use the App and/or websites.
9. Intellectual and Industrial Property
The design, source code, logos, trademarks and other distinctive signs that appear on the App belong to Merlin, its collaborating entities or third-party providers of third-party Services and are protected by intellectual and industrial property rights recognized by law. Likewise, the images included in the App are protected by the corresponding intellectual and industrial property rights. Therefore, their use, reproduction, distribution, public communication, alteration or any other similar or analogous activity is totally prohibited unless expressly authorized by Merlin or its collaborating entities or third-party providers of third-party Services.
In any case, Merlin declares its observance for the intellectual and industrial property rights of any person; therefore, if you consider that this site may be violating your rights, please contact Merlin at the following e-mail address: firstname.lastname@example.org.
10. Data Protection
Merlin may make the appropriate notifications related to the Application and these terms and conditions by the App itself, as well as by the email address provided by the User at the time of registering for it. The User, in turn, may send notifications to Merlin by email (email@example.com). Likewise, Merlin makes available to the User, in the App itself, the Service “Do you need Help?”, through which the User may communicate any incident or question related to the services provided by Merlin through the App, as well as the “OSM” Service, through which the User may contact Merlin’s Office of Sustainability and Mobility by the App and the website Oficina.Sostenibilidadymobilidad@merlinprop.com.
12.1. Force Majeure
MERLIN will not be liable in the event of unavailability of the Services when this is due to force majeure. “Force majeure” shall mean all circumstances that cause Merlin to be temporarily or permanently unable to fulfill its obligations, such as government actions, strikes, earthquakes, fires, failure in public or private telecommunications networks, as well as all circumstances of a similar nature that prevent Merlin from being reasonably required to fulfill its obligations to the User.
12.2. Effectiveness of the Terms and Conditions
These Terms and Conditions bind Merlin and the User, from the moment they are accepted. Any clause or provision of these Terms and Conditions that is or becomes illegal, invalid or unenforceable will be excluded from it and will be considered unenforceable as far as such illegality, invalidity or unenforceability, and will be replaced by another that resembles the previous one as much as possible, but it will not affect or harm the remaining provisions, which will remain outside any illegal, invalid or unenforceable clause or provision and will remain, however, with full force and effect.
Users may not assign, transfer or subrogate to third parties, nor subcontract the rights and obligations derived from these Terms and Conditions.
The non-exercise by either party of any right or provision of these Terms and Conditions will not be considered a waiver of the applicable law or provision.
13. Applicable legislation
Any litigation and/or discrepancies between Merlin and the User will be subject to the jurisdiction and competence of the Courts and Tribunals of the User’s domicile or the place of performance of the obligation, the Spanish Law being exclusively applicable.
© 2020 Merlin Properties SOCIMI S.A. All rights reserved.
Last update: September 28, 2020.