Cecilia Payne, I.1, 14014 Córdoba
+34 912 966 124

Terms & Conditions 1.0.3

The future of mobile marketing & payments

End User Terms and Conditions of PayThunder

1. Purpose

1.1. These legal conditions govern the usage and the terms and conditions which apply for the Mobile Application PayThunder (hereinafter the “PayThunder App”), owned by “PayThunder S.L.” (hereinafter «PayThunder»).

1.2. These conditions also define the privacy policy and use of personal data and its application within PayThunder App.

1.3. The use or access to this application means that you (from now onwards “user”) acknowledges having read and understood these legal conditions of use, and agree to comply fully with them.

1.4. The user agrees being in a European Country belonging to the European Economic Community when accepting these conditions. If the user is in a different country when he downloads and installs the PayThunder App, then the user should verify at http://www.PayThunder.com for the correct version of the terms and conditions applicable for user’s country.

1.5. If you as a user do not agree with any of the described conditions, you must stop accessing and using the application.

2. Ownership.

2.1. In accordance with the Law 34/2002 of Spain, of 11th July and other applicable legislation we inform you that PayThunder App is property of the entity with the company name “PAYTHUNDER S.L.” & Company ID number: B-56003593.

2.2. The above mentioned company has its business place at Cecilia Payne, I.1 Edificio Aldebarán. Parque Cientifico y Tecnologico de Cordoba. 14014 Cordoba, Spain.

2.3. You can contact with PayThunder at the email address info@PayThunder.com.

3. Application Functions.

3.1. PayThunder reserves the right to modify, at any moment, unilaterally and without prior notice to users, the content, structure, operation or access conditions to PayThunder App and the services offered therein.

3.2. However, PayThunder App users are aware and do accept that part of the information contained therein may be incomplete, or out of date, or contain typographical errors, or incorrect. PayThunder is under no obligation required to update the contents of PayThunder App and will not be responsible of any failure to update the information. It is the exclusive responsibility of the user to evaluate the accuracy and/or the usefulness of any information, advice, opinion, or any other content available through the PayThunder App.

3.3. Also, PayThunder reserves the right to suspend temporarily, without prior notifice, access to PayThunder App for maintenance, renovation, improvement or repair.

3.4. It is forbidden for the user to use PayThunder App for sending, transmission or publication of any unlawful, threatening, libelous, defamatory, propaganda, scandalous, obscene, pornographic or other material that could give rise to civil or criminal liability under applicable law, in any such case the user is responsable in all cases.

3.5. Generally the application PayThunder App could only be used by legal and natural with legal capacity in accordance with the applicable law. The application requires the users to have at least 14 years for the use of the cards.

3.6. Marketing Service. PayThunder App enables the users to receive offers by merchant proximity, for being within zones enabled for it, by time, or by user convenience and their location, or simply on being an offer, coupon or discount which is sent from the system to the adequate users. Also these offers or promotions would be sent considering the user preferences, or purchasing habits.

3.7. Shopping Service. PayThunder App allows users to make purchase using secure e-Commerce, for offers and promotions received by users. PayThunder App simplifies and improves the consumer’s buying experience providing a fast format of buying in a simple way.

4. User behavior. Prohibitions.

4.1. The use of the content and services offered by PayThunder App will be under the sole risk and responsibility of the user.

4.2. The company assumes no obligation or commitment to verify or monitor the content and information entered by users.

4.3. The user agrees to use PayThunder App and all content and services in a diligent way, always subject to the law, morality, and the general conditions, while maintaining respect for other users.

4.4. The user agrees to make appropriate use of materials and information contained in PayThunder App not using them for illicit or criminal activities which violate the rights of others or violate the regulations on intellectual property or any other applicable legal requirements. Being the user, in all such cases, the sole responsible to PayThunder and third parties for breach of conditions established here.

4.5. The user agrees not to transmit, insert, disseminate or make available to third parties any material and information contrary to law, morality, public order and the general conditions of use.

4.6.In any case, the user must always provide accurate information that can not lead to any confusion and correct identification data, and never impersonating others or on their behalf.

5. Protected areas of PayThunder App

5.1. Generally in order to access PayThunder App services user registration is required.

5.2. The use of certain services may be conditional upon obtaining a personal account by registering the user. This registration shall be made in the manner described expressly in PayThunder App.

5.3. This PayThunder App contains zones with restricted access, protected by IDs and passwords or other security mechanisms. The user will not attempt to access these if not duly authorized by PayThunder, or attempt to evade or manipulate the protection mechanisms established by her restricted areas.

5.4. The user who has been authorized by PayThunder accessing any of these protected areas will be solely responsible for maintaining the strictest secrecy, and not disclose to third parties, IDs, passwords and other security methods PayThunder makes available to access protected areas. The user is therefore solely responsible for damages arising from not keeping secret mentioned security mechanisms.

5.5. The user is informed that the attempted unauthorized access to restricted areas of PayThunder App may be subject to civil and / or criminal laws.

6. Intellectual & Industrial property.

6.1. All contents of PayThunder App, including, without limitation and without limitation, trademarks, logos, graphics, images, sound and video, software, program code, text, icons, and names that identify services ( hereinafter «Materials») are owned by PayThunder or respective trademarks and are protected by current legislation on intellectual and industrial property.

6.2. User access to PayThunder App does not imply any waiver, transfer or assignment of such property rights, in whole or in part. For the same reason, access to these contents or elements does not give under any circumstances, the user the ability to copy, sell, modify, reproduce, publish, transfer, assignment, or creating new products or services derived from the information and elements contained herein.

6.3. That is why the PayThunder App user may not, unless expressly authorized in writing by PayThunder, copy, distribute, download, modify, delete, modify, publish, transmit, or take advantage of any form of contained material.

6.4. The user has no rights or licenses in connection with the service or the elements therein, except the limited right to use the service in accordance with the conditions & applicable law. The user may only use the contents and elements to which, access is provided through PayThunder services for their own use and needs, agreeing not to make any direct or indirect commercial exploitation, nor the services nor materials, elements, nor of the information obtained through them.

7. Data Protection and Privacy Policy.

7.1. According to the provisions of GDPR (General Data Protection Regulation, PayThunder informs the user of the existence of a data file containing personal data that users enter in PayThunder App. PayThunder is the owner of this file. The data being collected is name, surnames, email, mobile phone number, date of birth (to validate legal age for payment card usage, …) etc. Optionally and based on the services from merchants or services to user it could also include optional data such as shipping address or an identification document for identification with merchant or the service which may require it.

    Data processing
  • PayThunder, S.L. with the address Cecilia Payne, I.1 Edificio Aldebarán. Parque Cientifico y Tecnologico de Cordoba. 14014 Cordoba, Spain, and CIF B-56003593 is the data owner and privdes data processing. PayThunder, uses cloud services for platforms and services.
  • Data usage
  • We will use your data for the following:
    • Offer you services from merchants, transport, taxi, loyalty
    • Provide you with merchang promotions or from other business which are part of the service, which may be of your interest
    • Provide you offers from merchants, in your proximity
    • measure the effectiveness of our marketing actions
    • perform surveys or
    • investigate fraude or protect our operations or users
    • Additionally, depending on your consent, we will also use your personal data to send you commercial information on products and services from merchants who belong to the platform, these communications could be based on commercial profile built based on your consuming behaviour, usage of our services and navigation through our services
    • The channels used for communications are: Email, push, sms, …
  • Lawful processing
  • As defined in previous bullets, the lawful processing of your personal data will depend on the usage:
    • Your consent
    • our lawful interest in:
      • ensuring our commercial continuity
      • guaranteeing our customer’s satisfaction
      • send you relevant information
      • measure the effectiveness of our marketing actions
      • perform surveys
      • investigate fraude
      • protect our operations or users
      • execution of services
      • compliance with legal requirements
  • Data receptors
  • personal data is not shared; except in following cases and due to nature of service requested by the user:
    • a merchant has to deliver goods and services to your address and you have requested it and there is a reason for the service
    • you gave requested a taxi and you have to specify the origin or destination, etc
    • Certain services from merchants or retailers may require a customer identification who has acquired the goods or services and you could provide your requested detail
  • Rights
  • For the usage mentioned previously, you have the right to access your personal data, or request for changes or for removal. You also have the right to oppose the processing of your personal data or to request them to be restricted. Additionally you can request your personal data in standard and structured form
  • Users may exercise their rights of access, rectification, cancellation and opposition of their personal data under the terms established in the current legislation, through lopd@paythunder.com
  • Type of data
  • For the usage defined previously we will use the following category of personal data:
    • Identification data
    • Consumption behaviour
    • Identifier of your mobile phone
    • The data will be conserved for the period depending on the usage
  • Additional information
  • If you have any additional question you can contact at: lopd@paythunder.com

7.2. The user and the data subject is informed and accepts its unequivocal consent, that by filling in various forms their personal data will be incorporated into automated PayThunder files, with the aim of offering and providing our services and maintain users informed about the offered products.

7.3. PayThunder is committed to fulfilling its obligation of secrecy regarding personal data and its duty to keep them confidential. For this purpose, it shall take reasonable security measures prescribed by law to prevent alteration, loss or unauthorized access.

7.4. Users may exercise their rights of access, rectification, cancellation and opposition of their personal data under the terms established in the current legislation, through lopd@paythunder.com or PayThunder, S.L. Departamento Juridico. Cecilia Payne, I.1 Edificio Aldebarán. Parque Cientifico y Tecnologico de Cordoba. 14014 Cordoba, Spain.

8. Usage of Cookies Policy.

8.1. «Cookies» are text files that the servers hosting websites send to your users browsers. Cookies can not run and can not contain viruses, and can only be read by the server that hosts the website.

8.2. PayThunder web servers that are accessible by PayThunder App may require the use of «Cookies» for proper operation from within the app or if the user accesses them directly.

9. Warranty and Responsibilities.

All information contained in PayThunder App is provided «as is» without PayThunder offering guarantees of any kind, either express or implied, regarding the accuracy, reliability and integrity of PayThunder App. PayThunder offers no warranty, express or implied, including, without limitation, warranties for breach of quality, merchantability or fitness for a particular purpose.

9.2. PayThunder does not guarantee that PayThunder App or the servers that host it, are free of viruses and other potentially dangerous software.

9.3. PayThunder does not guarantee the availability, continuity, utility and infallibility of the operation of PayThunder App , its services or its contents; or reliability or usefulness of the information and content provided by third parties through PayThunder App. Although PayThunder makes every reasonable effort to ensure the availability, accessibility, continuity, and infallibility of the operation and its services, PayThunder does not guarantee the same because they can be interfered with by numerous factors outside it. Consequently, it is not liable (within the limits established in the current law), for damages of any kind caused to the user as a result of that unavailability, failure of access and lack of continuity.

10. Limitation of Liability.

10.1. PayThunder will not be liable in any way for any direct or indirect damages, lost profits or loss of data and / or customers resulting from the use by the users or the inability to use PayThunder App.

10.2. PayThunder App may contain links («Links») and referrals to other sites and web pages that cannot be controlled by PayThunder, in these cases PayThunder is not responsible for the content that may appear on these pages.

10.3. The user agrees to leave exempt PayThunder any liability for the acts or omissions of users based on the contents of PayThunder App.

10.4. PayThunder has made every reasonable effort to ensure that the information contained PayThunder App is correct. However, users of the PayThunder App accept knowing that some of the information contained in PayThunder App may be incorrect, incomplete or outdated or contain errors.

11. Right of exclusion and partial nullity.

11.1. PayThunder reserves the right to cancel, remove or disallow the use of all or any of the services PayThunder App to any user without prior notice if in its discretion, and in any circumstance, it was conducting a misuse thereof

11.2. If a competent court finds that any provision contained in these legal conditions is illegal or invalid, such provision shall be excluded if it is legally required. The user expressly agrees that the remaining non-excluded provisions shall not be modified, and remain in full force.

12. Governing Law and Jurisdiction.

12.1. PayThunder App is located and operated from Spain. All issues related to PayThunder App are governed according to the Law of Spain and subject to the jurisdiction of the Courts and Tribunals of Spain, without giving effect to principles of conflicts of law. In cases, where the user does not have the status of consumer or is resident outside of the European Economic Community, PayThunder and the user will be submitted to the Courts of Cordoba, expressly waiving any other jurisdiction that may apply..

12.2. If the user decide to use PayThunder App from outside Spain and European Economic Community, the user must remember that its is done on their own initiative and are responsible for compliance with applicable laws and any local laws.

13. Duration and review.

13.1. Although the legal relationship between the user and PayThunder derived from the access and use of PayThunder App, is indefinite, it is considered complete at the time that the company amend these terms and conditions. At the time the company announced the modification of the general conditions, and the user accessing and using the services and contents of App PayThunder shall be deemed initiated a new legal relationship between both parties equally indefinite.

13.2. Notwithstanding the foregoing, the company PayThunder is empowered to suspend, discontinue, or terminate unilaterally at any time without notice or cause, the provision of any services offered.

13.3. PPayThunder reserves the right to revise unilaterally and without notice, these terms of use at any time. The revised terms will take effect as soon as they are published in PayThunder App. If the user makes regular use of PayThunder App they should regularly review the conditions and refrain from accessing PayThunder App if they consider not acceptable any revised terms.

14. Refunds.

14.1. The user can return a product as follows: request a refund through our PayThunder App and if the product was send by carrier, a carrier will collect the item in the direction that the user specifies, always located in the same country where the order was placed initially. The transport company will contact the user. The user shall pay for the shipping costs for the refunds. Products must be in perfect condition and with their corresponding receipt. Remember that the details can be obtained from the PayThunder App. In case of not finding the refund option in PayThunder App you can contact info@paythunder.com to begin the process for managing the return. You agree that the deadline for the return is the minimum period required by law in Spain by product type and applicable to e-commerce purchases. For products obtained at merchant location or by other means, the user should follow the same process as used to obtain the good and contact with the adequate merchant who provided the service within PayThunder service.

14.2. Some products or goods are not refundable and please review conditions when the product is purchased and based on type of products or goods in accordance with Spain’s Law.

Last updated on: 24th May 2018. Version 1.0.3