These general conditions of use and service (hereinafter, the "Conditions of Use and Service") establish the terms governing the relationship between SEAT METROPOLIS LAB BARCELONA, S.A. company. ("METROPOLIS LAB"), domiciled at Autovía A-2, Km. 585, 08760, Martorell (Barcelona), with Tax Identification Number (C.I.F.) A-66928367, duly registered in the Mercantile Register of Barcelona in Volume 45937 General, folio 166, page number 498214 and whose contact e-mail address is email@example.com and the users (the "Users") who access and register in the application known as "KOMUTI" or on the website accessible through the link getkomuti.io (both referred to indistinctly as the "Platform"), as well as the way in which said Users may benefit from the services provided by METROPOLIS LAB through the Platform, which consist of contacting Users so that they may share journeys by car (the "Services").
These Conditions of Use and Service will be complemented with any other legal texts that regulate any functionality, service, process, application or means necessary for the use of the Platform or included in it, as well as with the privacy policies and cookie policies, which must also be accepted by Users.
In order to benefit from the Services, Users must first download the Platform and create a User Account.
To this end, Users must complete the form that will be provided to them and provide their name, with a telephone number, to which they will receive a verification code via SMS, and an e-mail address.
Users shall be responsible for the truthfulness, accuracy and authenticity of the data provided. METROPOLIS LAB reserves the right to delete any User Account in which Users have provided false, incorrect or non-authentic personal data. Users undertake to keep the information contained in their User Account up to date.
By registering on the Platform and creating their User Account, Users declare and guarantee that they are of legal age. If you are not of legal age you must not register on the Platform or use any of the Services. User Accounts that METROPOLIS LAB detects have been created by minors will be cancelled and deleted.
Only one User Account may be registered per User.
Also, at the time of creating the User Account, Users must choose an access key and a password. The passwords assigned will be personal and non-transferable, not being allowed to transfer, even temporarily, to third parties. METROPOLIS LAB shall not be liable for any damage caused as a consequence of the User's inadequate choice or protection of the password (which shall imply non-compliance with these Conditions of Use and Service), nor for damage caused by third parties who have access to the User Account, regardless of whether they have the authorization of the User who owns it.
The Services offered through the Platform consist of contacting Users so that, if they so agree among themselves, they can share journeys by car.
Users may act as “Drivers” or “Passangers”. Drivers shall offer the possibility of sharing a journey with one or more Passengers and shall transport those Passengers to a specific point on the date and time at which the Driver has organized such journey, in exchange for sharing the costs associated with the journey.
The same User may act as Driver and Passenger on different routes, as the case may be.
The Platform only puts Drivers and Passengers in contact with each other, without intervening in the agreement that these parties reach nor in the eventual journey that they make in a shared way, or in the way in which they decide to organize or distribute the costs of said journey.
In order to access the Services, Users must follow these steps:
Access to and registration on the Platform, as well as the publication and search of advertisements are free of charge.
No payment will be made through the Platform.
The Platform will help to plan the routes shared by Users with the aim of following the most efficient routes in terms of time and/or costs.
However, in the event that -following the Platform's route organization proposals- a Driver consents to deviate from its initial route in order to pick up a Passenger that, although it was not following the usual route, could benefit from the route with said deviation, the Platform can reward the User by granting some benefit in any promotion, discount or discount in online product purchases, etc., all as described in the Portal at all times.
To the extent that the Platform only puts Users in contact, when two or more Users connect through the Platform, METROPOLIS LAB shall cease to intervene in any way in the agreement reached by those parties.
In this sense, any cancellations of journeys or impossibilities or any other kind of circumstances that may be caused between Users must be communicated and agreed upon by said Users, and METROPOLIS LAB shall remain independent of said situation and of any circumstances that may occur before, during and after the journeys.
METROPOLIS LAB does not guarantee, promise or ensure that the information and data published by Users is true, truthful, correct or complete and, therefore, shall not be liable for cancellations or other circumstances that frustrate or prejudice the purpose for which these parties have been contacted through the Platform.
Without prejudice to the foregoing, in the event that a user has a bad experience or suffers cancellation for reasons directly attributable to the other party and provided that such circumstance is due to the negligence or bad faith of the other party, the User may communicate this to METROPOLIS LAB which, at its discretion, may decide whether to prevent the use or cancel the user's account on the Platform.
Also, in the event that, due to a frustrated agreement between Users, any of the Users would like to republish the information or data on a journey, or re-release the number of places available, the Platform will allow republishing such information or modify as appropriate.
Users have the right of withdrawal until such time as the service has been fully executed. Once the service has been completely executed, Users will not have the right to any withdrawal, in accordance with the provisions of Article 103 a) of the Spanish Conusmer Protection Act (in Spanish, Ley General para la Defensa de los Conumidores y Usuarios)
METROPOLIS LAB is the owner or licensee of all intellectual property rights or any other type on the Platform.
The intellectual and industrial property rights over the Platform (including its information, texts, data, training material, models, maps, graphics, designs, images, photographs, voices, sounds, videos, multimedia content, distinctive signs, brands and other content of the Platform) are the property of METROPOLIS LAB and/or its licensors. Therefore, the use, reproduction, transmission, transformation, dissemination, disclosure, publication, processing, transformation, distribution or exploitation of the Platform and/or its elements in any way by Users is prohibited, except for those uses strictly necessary for the use of the services offered through the Platform.
Users acknowledge and accept that the use of the Platform does not imply the transmission of any intellectual or industrial property rights, such as copyrights, trademarks, designs or other rights on the Platform, nor does it constitute any authorization for the creation of developments derived from the Platform, except for the limited use license granted to Users for their use of the Platform in the terms provided herein.
Users grant METROPOLIS LAB a non-exclusive, unlimited, full, transferable, free and sub-licensable right of use over data, which are not of a personal nature, especially technical data, or data whose personal reference has been deleted (anonymized data).
Users agree not to misuse the Platform, and not to use it or distribute information through it for:
METROPOLIS LAB respects the rights of third parties and the applicable legislation. Platform Users are obliged to do the same. Access to the Platform for unlawful or harmful purposes that directly or indirectly affect METROPOLIS LAB or third parties is strictly prohibited.
If any of the Users should detect an offensive use of the Platform or for purposes contrary to current legislation, they must notify METROPOLIS LAB immediately by sending an email to the following email address firstname.lastname@example.org.
The use of the geolocation services offered by the Platform involves the transfer of geodata. When Users use this service, their device will ask for their consent to determine their geolocation and transfer the data to the Platform. In this sense, for a more appropriate geolocation, Users must activate and authorize 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 deactivate these services at any time, taking into account the limitations of use of the Platform this could imply.
METROPOLIS LAB reserves the right to extend, reduce or modify the services of the Portal at any time. For the use of the Platform, Users must expressly accept the Conditions of Use and Service that are in force at all times.
METROPOLIS LAB will do everything reasonable to ensure the proper functioning of the Platform. However, METROPOLIS LAB cannot guarantee the absence of service interruptions for the purpose of repairing or maintaining the Platform, or for lack of coverage or failure of the equipment or networks necessary for the transmission of data, which are beyond its control. METROPOLIS LAB shall take appropriate measures to reduce such interruptions.
Although METROPOLIS LAB will make every reasonable effort to ensure that the information contained in the Platform is accurate, correct and up to date, it must be considered that this information is only indicative and, therefore, its sole objective will be to constitute an element of guidance to provide general data, not detailed or specific information on the services appearing on the Platform. In this sense, such information may be subject to change and should not be construed as representing a firm offer, promotion or marketing of products or services related to METROPOLIS LAB.
Users use the Platform at their own risk. Users undertake, through their access to the Platform, to use it in accordance with the Law, being liable to METROPOLIS LAB and/or third parties for any damage or harm that may be caused as a consequence of the breach of this obligation. In this sense, METROPOLIS LAB is not responsible for any damage or alteration to Users' devices as a result of accessing or using the Platform.
In any case, Users shall be fully responsible for those data or contents that they transmit or communicate to METROPOLIS LAB through the Platform. METROPOLIS LAB does not control or supervise any of the referred contents, unless so established by a 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. In particular, but not exclusively, METROPOLIS LAB does not control or verify the veracity of the identity of the Drivers and/or Passengers, nor of the routes announced on the Platform, and is not responsible for the inaccuracy or lack of veracity of said information.
METROPOLIS LAB shall not be held responsible for any possible security errors that may occur nor for any possible damage that may be caused to Users' devices (hardware and software) and/or to the files or documents stored therein, as a consequence of the presence of viruses in the Users' devices used for connection to the services and contents of the Platform, a malfunction of the Internet, telephone breakdowns, interferences, omissions or disconnections in the operative functioning of the Platform caused by causes beyond METROPOLIS LAB's control.
The services offered through the Platform may involve data consumption. METROPOLIS LAB is not responsible for the costs incurred by Users in communicating and sending data or connecting to the Internet (for more information on this matter, consult your operator).
Likewise, METROPOLIS LAB cannot control the information, contents, products or services provided by third parties that have established links to the Platform. Consequently, METROPOLIS LAB does not assume any kind of responsibility that may derive from the use by Users of third party functionalities, technologies, services or platforms. In this sense, Users undertake to keep METROPOLIS LAB completely free from any responsibility or payment of damages as a consequence of infringements or incidents related to the use of said third party functionalities, technologies, services or platforms, in spite of being available through the Platform.
METROPOLIS LAB does not guarantee under any circumstances that Users will use the Platform in accordance with the Law, these Conditions of Use and Service, morality, generally accepted good customs and public order, nor that they will do so in a diligent and prudent manner. Consequently, METROPOLIS LAB is not responsible for the use that Users make of the content of the Platform which may involve a violation of any type of regulation, national or international, of intellectual or industrial property rights or of any other rights of third parties.
Users can find more information on this subject in the Portal’s Cookies Policy.
Any controversy that may arise in relation to this contractual relationship will be submitted to the competent courts of the city of Barcelona (Spain). However, in the event that the User acts as a consumer, such disputes will be submitted to the competent courts of the place of performance of the obligation.
Without prejudice to the foregoing, METROPOLIS LAB neither undertakes nor is obliged to take part in online dispute resolution processes before the consumer arbitration body.
© SEAT METROPOLIS LAB BARCELONA, S.A. 2019. Reproduction in whole or in part is prohibited. All rights reserved.