These general conditions (hereinafter, “the General Conditions”), regulate the terms and conditions that will govern the relationship between: Monty Global Payments S.A.U. E.P., a Payment Institution inscribed as number 6814 in the Special Register for Payment Institutions held by the Bank of Spain (hereinafter, "MGP" or "the COMPANY "), with registered address at: c/ Miguel Ángel 21, 7ª planta, Madrid 28010, and VAT No. A-83949222; and natural persons (hereinafter, “the Users”), regarding the use of long-distance payment services under the trademark MGP CLICKTRANSFER, which allow Users to hire, order payment services, provide instructions, consult operations and, in general, to communicate with MGP by means of the phone (landline and/or mobile) and the Internet, by using identification and security passwords established by MGP in the online application supporting the service. The services provided will, in any case, be governed by whatever legal regulations establish at any time in regard to electronic contracting.
The name(s) of the domain(s) through which you have accessed the [CLICKTRANSFER] website (hereinafter, “the Portal”) is (are) owned by MGP. This (These) domain name(s) cannot be used linked to other contents, products or services that are not owned by MGP and in no way that could give rise to confusion in end Users or to the disrepute of MGP.
The legal bond created between MGP and the User (hereinafter, “the Parties”), whose will is uniquely, exclusively and completely expressed by these General Conditions, any additional services contracts which may, given the case, be reached and any Appendices that the Parties may mutually agree to incorporate, will be, hereinafter, known as the “Contract”.
For the purposes of these general conditions, Users will be those users who browse the online platform, regardless of whether they have registered or not. Furthermore, any person who has finalised the creation of at least one operation will also be considered a User or Client.
If a contradiction arises between these general conditions and the terms and conditions contained in the particular conditions that the Parties may agree to in other documents (hereinafter, “Particular Conditions”), the latter will prevail in all matters that contradict the general conditions.
2. Scope of implementation.
These general conditions contain the conditions regulating the access to, browsing and use of the Portal, as well as any liabilities derived from the use, provision and/or hiring of products or services which, in any case, may be offered. Also, regarding the contents that are a part thereof, without prejudice to MGP establishing particular conditions that regulate the use, provision and/or hiring of products or services which, given the case, may be offered through the Portal. Access to the Portal, completing forms, submitting requests for information, consultations, the making of contract offers and, in general, any similar actions carried out through forms, electronic mailboxes or other existing means of contact through the Portal will imply, on behalf of those browsing the Portal, that they accept being considered as Users and the acceptance without reservations of any and all rules that make up the general and/or particular terms and conditions which may have been established to this end. These apply to the following payment services and operations from MGP:
- Money transfers.
- Execution of payment operations for which the consent of the ordering party is transmitted to execute a payment operation through telecommunications, digital or computing devices, with payment being carried out through the operator of the telecommunications or computing network or systems, acting solely as mediator between the Client and MGP.
3. Procedures for identification and authentication.
Users may access the Portal freely and free of charge. However, the use, provision and/or hiring of any products or services which, given the case, MGP may offer will be subject to previously observing formal requirements such as completing the corresponding form and prior acceptance of any general and particular conditions applying thereto. Mere access to the Portal does not in itself imply nor constitute any type of bond or commercial relationship between CLICKTRANSFER, as a trademark of MGP, and the User, except when the relevant means have been established to this end and the User has previously complied with any requirements which may have been established in such case. Any information regarding products or services offered by CLICKTRANSFER which is included in the Portal is for informational and advertising purposes exclusively, unless any other purpose is exclusively established. The contents of the Portal may in no way be considered as advice in regard to any matter. CLICKTRANSFER will inform the User regarding the technical specifications required to proceed with the downloading of information and contents from the Portal. The User is requested to pay attention to these warning messages as MGP will not be liable for any damages that the computing equipment of the User may suffer from their wrongful or negligent use of the Portal or their use contravening instructions from CLICKTRANSFER. When the User is required to register for the use, provision and/or hiring of any product or service offered through the Portal, they will be responsible for providing truthful and legal information, guaranteeing the authenticity of any information included when filling in the preset forms to access the corresponding products or services.
As a means to identifying Users to carry out operations on the MGP Platforms, Users are required to provide a contact email address and a password that they will use to access the online platform. Once the contact details have been provided, Users will receive an email with a link they will have to access to activate their user account. By accessing the link provided in the email, Users must enter a single-use password they will receive on their mobile phone.
MGP may at any time modify the procedures for identification and authentication with the purpose of updating and improving the security systems, informing Users about this through the platform.
MGP reserves the capacity to contrast and verify any identification details provided by Users by any means to which it has access.
MGP may change the authentication procedures described above by adapting them to technological evolution, communicating this to the User beforehand.
Users are responsible for the safekeeping and confidentiality of any identifiers and/or passwords provided by MGP, and commit to not ceding them, temporarily or permanently, to third parties, or to allow their use by other people. Users are exclusively liable for the illicit use and/or hiring of products or services offered on the Portal by any third party using the password or identifier provided to the User, through wrongful actions or the loss thereof by the User. By virtue of the above, it is the obligation of the User to notify CLICKTRANSFER immediately of any event that allows the wrongful use of identifiers and/or passwords, through theft, loss or unauthorised access of third parties, with the aim of proceeding to immediate cancellation. While such events are not communicated, MGP will bear no liability derived from the wrongful use of identifiers or passwords by unauthorised third parties. In any case, access, browsing and use of the Portal and, given the case, the use or hiring of services or products offered therein are made under the sole and exclusive responsibility of the User, who commits to diligently and faithfully observing any additional instructions provided by CLICKTRANSFER or MGP or staff authorised by MGP regarding the use of the Portal and its contents. MGP may mention commercial brands or subject materials in its Portal that are subject to third-party intellectual or industrial property rights which, in any case, correspond to their owners, the use of which is carried out under any contracts signed with the holders or as established by Law. The User is obliged to use the contents, products and services in a diligent, correct and lawful way in accordance with current regulations and, in particular, commits to abstaining from:
- Using them for purposes that are against the law, morality, widely-accepted good custom or public order and any instructions received from CLICKTRANSFER.
- Using them for purposes that are damaging to the legitimate rights of MGP or third parties.
- Using the contents and products and, in particular, any type of information obtained through the Portal or the services to send advertising, communications with the purpose of direct sales or any other type of commercial purposes, unsolicited messages aimed to a plurality of persons, regardless of their purpose, as well as abstaining form commercialising or disseminating such information by any means.
Operations carried out through the MGP platform, verified by authentication procedures, will be considered as valid and carried out by the Client, with full legal effect.
Our online application uses Google Places API Web Service. This application and the self-completing of sites share some usage, as described in the documents regarding Limits of use. Therefore, by using our application, the User is also subject to and expressly accepts Google’s service conditions.
4. Operation. Registering and receipt of operations
After creating their first operation, a User is then considered Client. Execution of a transaction ordered by the Client will not be carried out until MGP has received the funds required for this, by any of the means established by the platform, into the bank account established by CLICKTRANSFER in this regard (hereinafter, “CLICKTRANSFER Account”).
Given that a certain period of time may pass from the moment the Client initially formalises the payment order and it being fully executable, there may be positive or negative variations in the exchange rate. In this regard, MGP and the Client acknowledge and accept that the exchange rate applied to the transaction will always be the exchange rate current at the time and date that the operation is created.
As each operation is formalised, the Client may print a copy of the operation carried out using the online application and, moreover, will receive a confirmation email or SMS from CLICKTRANSFER. The Client may also consult the operations they have carried out in the application, within the time parameters allowed by the application and by means of personal identification passwords established by MGP.
As means of proof of the operations carried out, MGP will keep a digital record of all transactions.
The parties agree to granting equal legal value to handwritten or electronic signatures from the client, or to any type of passwords and/or codes that allow to personally identifying the client.
5. Consent and authorisation of payment orders.
Consent from the ordering party regarding the execution of a payment order will in every case be carried out by means of the Client accepting the operation by means of the procedures established by the online application to this end, using in this regard the passwords, codes and/or security systems established by MGP that make it possible to identify the Client. If any doubt arises regarding the correctness or identity of any signature authorising the payment order, MGP may suspend the operation until satisfactory proof is presented or sufficient guarantees are provided.
6. Reversal of the order and cancellation of operations.
An order may not be reversed once it has been received by MGP and delivered to the MGP agent in the destination country (“the Agent”). However, consent may be removed at any moment prior to this through the online platform or through Customer Service and MGP will reimburse the money to the Client.
An order sent to the Agent may also be cancelled as long as the Agent confirms to MGP that it has not been paid at destination. MGP will do its best to stop the corresponding payment order from being executed but is unable to guarantee this considering the speed of the execution process and the involvement of third parties in the process.
MGP will charge no fees to cancel an operation as long as the order has not left the MGP system and has not been sent to the Agent. If the order has already been sent to the Agent, a request to cancel the order will be sent to the Agent and any charges involved in such cancellation will be forwarded. Such charges will in no case be larger than the maximum commission established for sending a money transfer.
7. Expenses, commissions and applicable exchange rate.
The commissions received by MGP regarding payment order services abroad are made up of a maximum set commission of 20€ plus a maximum of 10% calculated on the nominal value to be sent by the payment order. The applicable amount is set according to the destination country. These commissions will be listed in the payment order document, will be shown to the Client before carrying out the payment order and can also be found on the MGP corporate website (www.montyglobal.es). The Client can also obtain information by calling the Customer Service phone number.
When payment orders have to be paid in a currency that is different than the currency at the country of origin, besides a set commission, the applicable exchange rate for the operation will be provided. These exchange rates will appear in the document for the payment order and will be shown to the Client before carrying out the payment order. The Client may also obtain information by calling the Customer Service phone number.
The commissions received from the payment service carried out will be borne in any case by the ordering party or the holder of the operation, who will pay this amount on formalising the payment order. Therefore, no commission or additional fee will be charged to the beneficiaries at destination, without prejudice to any taxes or fees imposed on the beneficiary by the authorities in the country of destination of the transfer.
MGP may charge a fee for cancelling a payment order, as described in Section 6 above.
When a payment order is rejected and such rejection is objectively justified, MGP may charge the Client a notification fee as described in Section 9 below.
If after a period of three (3) months following reception of the funds of a remittance, it has been impossible to execute the payment order at destination or to return the funds to the ordering client for reasons beyond MGP, MGP is entitled to charging a monthly commission on the said funds for carrying out maintenance and safekeeping thereof.
8. Exchange rate. Reception and execution of payment orders.
MGP will only provide a currency exchange service linked to an operation hired by the Client in accordance with this contract, and will in no case offer any advice in regard to the currency in which the operation should be executed. The Client acknowledges and accepts that it is possible for MGP to obtain a profit as a result of the difference in the exchange rate at which the foreign currency is bought and the exchange rate at the time the operation is executed. In any case, the exchange rate will appear at all times during the procedures of creating the money order and will be shown in the receipt for the operation.
The time a payment order is received will be considered to be the time it is received by MGP. If the moment of reception is not a working day for MGP, the payment order will be considered to have been received on the following working day. MGP may establish, informing the ordering party beforehand, a maximum time of day after which a payment order will be considered to have been received on the following working day. Payment orders will be executed once the ordering party has made the necessary funds available to MGP.
After receiving a payment order, MGP may: (i) accept it and proceed with its execution; (ii) require confirmation or additional information from the Client if MGP considers this necessary for whatever reason; (iii) block the payment operation if security problems exist; or (iv) reject the operation in accordance with what the following clause establishes.
9. Rejection of payment orders.
MGP reserves the right to refuse execution of a payment order in the terms established by this clause, without liability for MGP before the Client.
MGP may refuse a payment order in any of the following cases:
- If the Client does not comply with the requirements and conditions for the correct execution thereof in accordance with the contents of this Contract.
- If, prior to executing the payment order, the ordering Client has not paid any necessary funds to MGP, pursuant to any of the means expressly established in the platform.
- If any of the declarations and statements made by the Client in this Contract, or during the formation and negotiation thereof, turns out to be false.
- If, in the opinion of MGP, execution of the operation could be illegal or it does not comply with regulations on issues regarding the prevention of money laundering and the financing of terrorism.
- If MGP considers it necessary to reject the operation to protect itself from circumstances such as possible fraud or strong volatility of the markets.
MGP will notify rejection of the payment order to the Client and the reasons for such refusal, as far as possible, as well as the procedure to rectify any possible mistakes which, given the case, have resulted in the rejection. When rejection is objectively justified, MGP may charge notification fees to the Client which will amount to less than the maximum commission to carry out a money transfer operation.
Rejected payment orders will be considered as not having being received.
10. Notifying unauthorised operations or incorrectly executed payment orders. Liability of MGP in such cases.
If the Client is aware that an unauthorised payment operation has been carried out or that an operation has been incorrectly executed, they must inform MGP immediately so that it may be rectified, if possible and as long as the Client provides necessary proof to support their claim.
If satisfactory proof is presented regarding unauthorised payment operations executed by MGP and such execution is the result of gross negligence from MGP, MGP will immediately return to the ordering party the amount for the unauthorised operation. If such operations are the result of fraudulent activities, non-compliance or negligence from the Client, the latter will be liable for any losses incurred.
11. Term of execution, value date
When payment operations are carried out in Euros, MGP will make sure to pay the amount due for the payment operation into the account of the payment service provider of the beneficiary at the end of the following working day after effective reception of the payment order, at the latest.
When payment operations are carried out in a currency other than Euros, (i) if the account of the payment service provider of the beneficiary is located in the European Union, MGP will make sure to pay the funds before the end of the fourth working day after the order has been effectively received; (ii) if the account of the payment services provider of the beneficiary is located outside the European Union, MGP will try to make sure the funds are paid into the destination account as soon as reasonably possible.
The payment services provider of the beneficiary must guarantee that the amount for the payment operation is made available to the beneficiary immediately after the said amount has been paid into the account of the payment services provider of the beneficiary, with no liability borne by MGP in this regard.
For all purposes established in this Contract and in order to provide the services which are the object thereof, the following will be understood:
- Day or calendar day: every day of the Gregorian calendar.
- Working day: Any day of the week that isn’t a bank holiday, excluding Saturdays and Sundays, which for the purposes of this Contract are considered to be non-working days, in accordance with the Working Day Calendar applicable in the country of origin.
- Working hours: The hours during which MGP may operate and execute operations, understood to be between 9:00 and 22:00 GMT+1 on working days and bank holidays, between 10:00 and 22:00 GMT+1 on Saturday and between 10:00 and 20:00 GMT+1 on Sunday.
- Month, quarter, semester, annuity: the period of time calculated from a given day to the numerically-corresponding day in the corresponding month of the Gregorian calendar; if such day does not exist, the period will be considered to end on the last day of the corresponding month.
In the case of disagreement regarding the date and time a communication between the parties has been received or sent, any communication will understood to have been received or sent by MGP on the time and date appearing in the settings of the server on which MGP deploys its online service platform.
12. Protection of the funds of users of payment services - Safekeeping.
In compliance with Article 10, Directive (EU) 2015/2366 of 25th November on payment services in the internal market, MGP adequately safe-keeps any funds received from Clients towards the execution of payment operations by depositing these funds into bank accounts held exclusively for this activity in different Spanish financial institutions.
If the funds received from clients are in the possession of MGP at the end of the following working day after the day they were received, they will be deposited into a separate account in a banking institution, as established by law.
Users will access the payment services hired through the application by means of the aforementioned identification and authentication procedures, personal and non-transferable single-use passwords that constitute the electronic signature which, for the purposes derived from this Contract, will have the same legal validity and effects than a handwritten signature and that will allow the User to execute operations through the MGP platform.
MGP will establish suitable procedures on the platform to recover passwords and procedures to access the User’s account.
The use of access and service security procedures will follow the instructions received by the User from MGP in regard to the services hired. Such instructions may be conveyed by electronic, phone or telematic means, and will include the procedures to be followed in order to formalise a contract, carry out an operation or to consult or access certain information.
The User will be responsible for any contracts, operations or consultations carried out by means of an access password and electronic signature, admitting and accepting them, even if carried out by a person other than the authorised person. Similarly, the User accepts liability and other damaging consequences that may be derived from any mistake in the inputting the information required to carry out operations or consultations.
The operations carried out will be valid and will have full legal effect as long as the access passwords and electronic signature are correct and there is compliance with the conditions established in this Contract, MGP being fully legitimised to proceed with executing the operation.
For security reasons, when a specified number of consecutive errors are made in inputting the password or electronic signature, MGP may choose to block the services, cancel the password or electronic signatures and substitute them for new ones at the request of the User.
In compliance with Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, it is made known that the contract will be formalised in English and that MGP will register the contract, allowing the User to access it. The platform through which MGP offers its products or services will specify the procedures for the hiring thereof and the technical means available to the User to identify and correct any possible errors in inputting the information requested.
14. Liability exemption for the wrongful use of the User’s passwords.
Users are solely and exclusively responsible for their passwords and identification procedures to access the platform. MGP will not be liable for the wrongful use of any procedures in place for Users to access the platform and any consequences that may be derived from their wrongful use by Users, their loss or being forgotten, or the wrongful use made by unauthorised third parties.
15. Liability exemption for acts or omissions of third parties.
MGP will in no case be liable for any effective, indirect or any other type of damage or loss of earnings that the User may suffer as a result of the actions or omissions, delays or defective compliance of the User and/or third parties, which includes, among others, any type of payment service supplier or banking institution, or as a result of any failure or delay of any electronic or fax communication, abnormal situations, unforeseeable circumstances or force majeure. Neither will MGP be liable for any delay or non-compliance with its obligations when such is due to the imperative implementation of a legal provision or order from the corresponding authority.
16. Liability exemption from the use of the platform by MGP.
MGP will reasonably make sure that the contents and services included in the Portal are precise and up to date. This notwithstanding, MGP cannot guarantee the reliability, usefulness or precision of the information offered through the Portal. In particular, MGP does not guarantee and will not be liable for:
- The continuity of contents on the Portal and/or the lack of availability or accessibility of the Portal or the technical continuity thereof;
- The absence of errors in the said contents or products;
- The absence of viruses and other damaging components on the Portal or the server that supplies it;
- The invulnerability of the Portal and/or impregnability of the security measures taken therein;
- Given the case, the lack of usefulness or performance of the contents or services of the Portal;
- Any damages caused, to oneself or a third party, by a person violating the conditions, rules and instructions established by MGP in the Portal or through violating the security systems thereof;
- Any other damages that may be caused by reasons that are inherent to the non-functioning or defective performance of the Portal or the websites which, given the case, may be linked thereto. This notwithstanding, MGP declares to have taken all necessary measures, within its means and given the state of technology, to guarantee the functioning of the Portal and to avoid the existence and/or transmission of viruses and other components that may be damaging to Users.
Similarly, MGP may block access to the Portal to any User who carries out any of the behaviours which, as listed by name, though not exhaustively, in this section. MGP tries as much as it possibly can within its means to avoid errors in the contents published on the Portal. All contents offered through the Portal are up to date and MGP reserves the right to modifying them at any time.
MGP will not be liable for any consequences derived from any errors in the contents provided by third parties which, given the case, may appear on the Portal. Any communication or transmission of contents that violates the rights of third parties or whose content is threatening, obscene, slanderous, pornographic, xenophobic, violates a person’s dignity or the rights of children, current laws, or any other behaviour that incites or constitutes carrying out a criminal offence, will be banned. Similarly, the inclusion and communication of contents by Users which are false or inexact and which induce or may induce other Users or MGP staff to error will be banned, especially any content protected by any intellectual, industrial, image or similar rights belonging to third parties, whenever they: lead to violating current regulations, do not have the authorisation of the rights’ holders, diminish or discredit the reputation or standing of CLICKTRANSFER or MGP, are considered to be a case of illegal, deceitful or unfair advertising and/or they include viruses or any other electronic element that could damage or prevent the functioning of the platform, the network, computing devices of MGP or third parties and/or the access to the Portal by other Users.
17. Registry of operations.
The Client and, given the case, the User, expressly authorise MGP to register on magnetic tape, by computing, electronic or any other means, all information and circumstances regarding the contracts, operations or consultations carried out in regard to payment services and, in particular, those carried out using the computing programmes and applications included by MGP on its platform. The resulting registry of aforementioned recordings will constitute the documentary foundation of the contract relationships that arise from this Contract and may be used as proof in any judicial or extrajudicial proceedings that could be derived from this Contract, its appendices and any contract linked thereto. MGP commits to keeping them for the period established by current legislation in each case.
18. Communications with the User.
All communications or notifications required to be sent to the User will be done so by telematic, electronic, phone, fax or similar means, when MGP isn’t obliged to send printed communications, unless expressly agreed with the Users and only in the case of communications for which such modality has been agreed. All communications regarding the service provided will be available in electronic format and in a long-lasting support by the means and at the destination agreed.
In regard to commercial communications, in accordance with Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, on the information society and electronic commerce services (LISS, in the Spanish abbreviation), the User must give explicit consent to receiving commercial communications by email or any other, equivalent means of electronic communication. The User is entitled to revoking their consent by communicating this to MGP in writing, addressed to Calle Miguel Ángel 21, 7ª planta, 28010 Madrid, or by the means established to this end on the platform.
19. Amendment of Conditions.
At any time, MGP may amend the conditions initially established for providing payment services, making them available to the Users through the platform. Users are understood to agree to the amendments made regarding the use of the platform by simply browsing it. In the case of a Client, they must explicitly accept the new general conditions prior to executing an operation.
Without prejudice to the above, any amendments that are favourable to the User may be implemented automatically without a waiting period or prior warning.
20. Personal data protection.
In accordance with Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR), personal information provided by clients to MGP will be used for carrying out international money transfers. The client is informed and expressly consents to their personal information being processed by MGP or any of the companies in the group and auxiliary companies to be used in the terms established by current regulations. Transactions requested by the client require clients to cede this information for the transaction to be carried out. Similarly, ceding this information is required to comply with the legitimate interests of MGP. Personal information from the client will in no case be used for any purpose other than the execution of money transfers.
MGP must request consent from the client before using any information for commercial purposes. The legal basis for processing information is to execute a contractual relationship. Any personal information provided by the client to MGP will be processed solely for the purposes pointed out.
Clients may exercise their right to access, rectify, suppress, oppose, transfer and limit the processing of their personal information by requesting it in writing, addressed to: firstname.lastname@example.org, enclosing a photocopy of an identification document.
MGP complies with the security measures required to avoid any alteration, loss, dissemination or theft of this information, which could be used to the (personal and/or economic) detriment of our clients.
22. Intellectual and industrial property
MGP is the holder, or has obtained the corresponding licence to use the intellectual, industrial and image property rights of the contents available on the Portal: among others, though not limited to, texts, graphic design, drawings, code, software, photographs, videos, sounds, databases, indexes, images, brands, logos, expressions and information and, in general, any other creation protected by national regulations and international treaties on intellectual and industrial property (hereinafter, jointly, “the Contents”.) All intellectual and industrial property rights regarding the Contents are reserved and, in particular, modifying, copying, reproducing, publicly communicating, transforming or distributing in any way all or part of the Contents included in the Portal for public or commercial purposes is prohibited without prior, express authorisation in writing from MGP or, given the case, the holder of the corresponding rights. Access to and browsing of the Portal by the User will in no case be understood as a total or partial renunciation, transmission, licensing or ceding of the aforementioned rights by MGP. Therefore, deleting, ignoring or manipulating the Copyright warning or any other information identifying the rights of MGP or the corresponding holders incorporated in the Contents, are not allowed; similarly, any technical Protection devices, fingerprinting or any other means of information and/or identification that may be contained therein. Use of references to names and commercial brands or trademarks, logos or other distinctive signs, held by MGP or third-party undertakings, implicitly carries a ban without the prior, express authorisation in writing of MGP or the legitimate holders. At no time, unless otherwise stated expressly, will access to or use of the Portal and/or its Contents confer to the User any rights on the brands, logos and/or distinctive signs included therein.
- CLICKTRANSFER may, directly or indirectly, provide links to online resources or applications that are found outside the Portal. The purpose of these links is merely informational and in no way constitutes an invitation to hiring the products and/or services offered or that could be offered on the target platforms; similarly, they do not imply the existence of a bond or of a trade or dependent relationship between MGP and the holder of the linked platform. In such cases, MGP is not in charge of establishing the general and particular conditions that are to be taken into account in the use, provision or hiring of these third-party services and, therefore, will not be considered liable in this regard. MGP does not have the ability or the human or technical means to be aware, control or approve all the information, contents, products or services provided by other linked applications on the Portal. As a result, MGP will not be held liable in regard to any aspect regarding the platforms that are linked on the Portal; specifically, though not limited to, their functioning, access, data, information, files, quality and reliability of their products and services, their own links and/or any of their contents, in general. If MGP effectively learns that the activity or information which such links target is illicit, constitute a felony or may damage the goods or rights of a third party, it will act with due diligence. Similarly, if Users effectively learn of the unlawfulness of the activities carried out through these third-party applications, they should immediately inform MGP through their Customer Service.
- Links to the Portal on other platforms. The following requirements must be observed if a User, institution or application wishes to include a link that targets the Portal:
- Obtaining prior, express authorisation in writing from MGP.
- The link may only target the homepage of the Portal, unless expressly authorised otherwise.
- The link must be absolute and complete: that is, it must lead the User, by clicking, to the main screen and must completely cover the whole screen of the main platform of the Portal. In no case, unless authorised by MGP otherwise, may the linking platform reproduce the Portal in any way, include it as part of its own platform or within one of its frames, or create a browser on any of the screens of the Portal.
- Any platform that sets up a link may in no way state that MGP has authorised such link without that being the case. Any person correctly linking to the Portal from their platform who wishes to include the brand, denomination, trade name, banner, logo or any other identity sign of CLICKTRANSFER or MGP and/or the Portal must previously request express authorisation in writing from MGP.
- In any case, MGP bans any application containing material, information or content that is unlawful, illegal, degrading and obscene; or that generally contravenes morality, public order, currently-enforced regulations and widely-accepted social conventions; or that violates the legitimate rights of third parties, from setting up a link to the Portal.
24. Legislation and jurisdiction.
These General Conditions will be governed by English Law.
The User expressly accepts that this contract will be valid and executed subject, at all times, to currently-enforced regulations and, whenever applicable, to Notices and Instructions from the Bank of Spain, the National Securities Committee (CNMV, in the Spanish abbreviation), the Executive Service of the Commission for Money Laundering and Monetary Infractions (SEPBLAC, in the Spanish abbreviation), or any other national or international administrative authority in matters relating to the object of this relationship, in the understanding that this contract will be amended as required for adapting the activity and functioning of MGP to the regulations and instructions that are currently enforced at any given moment.
As permitted by Law, the Parties expressly relinquish any other jurisdiction that may correspond to them and exclusively subject to the jurisdictional competences of the Courts of the Town of Madrid, irrevocably and unconditionally, to settle any conflict or matter that may arise in regard or related to this Contract.
Furthermore, Users of payment services may address their complaints or claims with MGP, if they arise, to their Customer Service, which can be contacted over the phone, dialling (+44) 2038 087 677, or by email addressed to: email@example.com (or to the number and address stated in the platform.)
MGP is under no obligation and will not participate in any online dispute resolution system with consumer arbitration bodies, in compliance with the Rules for online dispute resolution on consumer matters. For further information, visit the EU platform for out-of-court online dispute resolution: https://ec.europa.eu/consumers/odr/.