Terms and Use of the Web
Legal notice and general conditions of use
General information
In accordance with article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, it is reported that the website www.urbanitae.com (the “Portal”) is owned by URBANITAE REAL ESTATE PLATFORM S. L. (hereinafter, “Urbanitae”), an entity with VAT number B-88393962 and registered in the Mercantile Registry of Madrid in Volume 37687, Folio 180, 1st entry.
The contact details of the business entity are as follows:
Registered office: Calle Castelló 23, 1st Floor 28001 Madrid.
Email: contacto@urbanitae.com
Phone (+34) 911 23 25 22.
Urbanitae is a crowdfunding service provider authorized and regulated by the National Securities Market Commission (CNMV), registered with number 4.
Urbanitae does not hold the status of an investment services company or a credit institution and is not affiliated with any investment guarantee fund or deposit guarantee fund, so its crowdfunding services are not covered by the deposit guarantee system and the instruments acquired through the Portal are not covered by the investor compensation system. The information published by Urbanitae on its Portal is for informational purposes only and, in no case, can it be considered as possible recommendations to investors.
The crowdfunding projects published by Urbanitae on its Portal are not subject to authorization or supervision by the National Securities Market Commission or the Bank of Spain. Therefore, all information provided on the Portal in relation to the projects has not been reviewed by said bodies.
General conditions of use
1. Object
These general conditions of use (hereinafter, the “General Conditions”) will expressly regulate the terms and conditions of access and use of the web Portal www.urbanitae.com, including all contents and services made available to users who access, browse, or use it (hereinafter, the “User/s”), by Urbanitae. Notwithstanding the foregoing, access to and use of certain content and/or services may be subject to specific conditions.
“You” or the “User/s” will have the same meaning in these General Conditions, including any natural or legal person -acting through a natural person representative- who accesses the Portal. The mere access and/or use of the Portal, of all or part of its contents and/or services, means full acceptance of these General Conditions, which the Users declare to have had access to and to have been able to download from the Portal. Therefore, we recommend that you read its content carefully if you wish to access and make use of the information and services offered from the Portal.
Any suggestion, doubt, or query about the Portal or these General Conditions of Use can be addressed by contacting Urbanitae at the contact details provided in the “General Information” section above.
2. Access to the Portal and registration
In general, user registration will not be necessary to access the contents and information of the Portal. However, the use of certain services or the full visualization of all information available to Users is conditional upon prior registration.
To access the services that Urbanitae makes available to Users as an investor, prior registration, acceptance of the General Conditions, and compliance with the following requirements will be necessary:
- In the case of natural persons, they must be of legal age (+18 years); comply with the requirements of ordinary civil capacity, and not be legally incapacitated.
- In the case of legal entities, they must act through a natural person of legal age (+18 years) with sufficient powers to represent and sign on behalf of the entity; comply with the current legal requirements, and be up to date with all their labor and tax obligations.
To access the services that Urbanitae makes available to Users acting as a company or developer seeking investment, prior registration as an entity in Urbanitae, acceptance of the General Conditions, and compliance with the following requirements will be necessary:
- Act through a natural person of legal age (+18 years) with sufficient powers to represent and sign on behalf of the entity; comply with the current legal requirements, and be up to date with all their labor and tax obligations.
Subsequent crowdfunding projects that all Users may access will also be governed by their own terms.
All Users must provide the required personal and professional data accurately, precisely, and truthfully, and provide the necessary documents for their correct and due identification.
Urbanitae reserves the right to verify all data and documents provided by the User at any time. In case of observing any kind of irregularity, non-compliance with the requirements shown above, or lack of truthfulness of the data entered, Urbanitae will be entitled to restrict or block access to the services offered through the Portal, or to unsubscribe the User.
The User guarantees the truthfulness of the data provided at the time of registration and releases Urbanitae from any liability in the event of a possible claim.
Likewise, the User must apply the utmost diligence in ensuring the protection and confidentiality of their access credentials to prevent their use by third parties, including other Users. Thus, they commit to changing or updating the credentials when Urbanitae deems it appropriate.
The processing of the User's personal data provided through the Portal, as provided in section 7 below, will be done in accordance with the provisions of the Privacy Policy.
3. Obligations and responsibilities of the Users:
The User agrees to make an appropriate, reasonable, and lawful use of the Portal and the contents and services made available on it, according to the possibilities and purposes for which they are designed, complying at all times with the applicable regulations and with these General Conditions, respecting good faith, morality, good customs, and public order.
Any action taken by the User to the detriment of Urbanitae, incorrect use or breach of any provision of these General Conditions, as well as the use of the Portal for illegal purposes or those that have not been authorized, is generally prohibited. The User also agrees not to use the services and contents of the Portal for purposes that may be harmful to the rights and interests of third parties, or that in any way may damage, disable, affect, or deteriorate the Portal. Likewise, it is forbidden to prevent the normal use and enjoyment of the Portal by other users.
Therefore, the User will refrain from:
Using the Portal for illegal or unauthorized purposes.
Altering or modifying, in whole or in part, the Portal, circumventing, deactivating, or otherwise manipulating the functions or services of the Portal.
Violating the regulations governing the protection of personal data, and acting contrary to the provisions of the Privacy Policy.
Making, publishing, or disseminating false, inaccurate, ambiguous, or imprecise statements or information, in such a way that it induces or may induce to error other Users who receive or consult said information.
Publishing or disseminating statements to the detriment of Urbanitae or that generally damage the honor and image of Urbanitae.
Introducing or disseminating on the Portal computer viruses, programs, or computer or physical elements that are likely to cause damage to the systems of Urbanitae, suppliers, or third parties.
Disseminate, transmit, or make available, through the Portal, any type of information, element, or content that constitutes illicit or unfair advertising.
Use web scraping tools, automatic data extraction robots, add-ons or data extraction plugins, as well as any other similar technology that may jeopardize the security of the Portal.
Share, market, rent, or obtain any benefit from accessing the Portal and its associated contents, not contemplated or authorized by Urbanitae.
Extract, market, distribute, or download any content or information from the Portal that has not been specifically authorized by Urbanitae, nor replicate or in any way incorporate any content of the Portal into another website without being previously authorized by Urbanitae.
Induce, publish, or incorporate into the Portal elements, messages, or services that may involve criminal, violent, offensive, denigrating, defamatory, or, in general, contrary to the law, morality, good customs, or public order, as well as discriminatory actions or thoughts based on sex, race, religion, beliefs, age, or condition.
Incorporate into the Portal elements, messages, or services that involve a violation of intellectual and industrial property rights, patents, trademarks, or copyright that correspond to the owners of the Portal or third parties.
In case of non-compliance by the Users with the obligations detailed above, Urbanitae reserves the right to take all necessary measures, including, without limitation, blocking or deleting the User's account, or restricting or excluding access to the services offered by Urbanitae. Any action or measure taken by Urbanitae will not give the User the right to compensation.
Likewise, if the User engages in any of the behaviors mentioned in this section, any other that is contrary to the law and the principles of law, or any type of conduct, of whatever kind, that directly or indirectly causes damage or harm to Urbanitae, they will have the obligation to indemnify Urbanitae for the damages and losses that have been caused, including loss of profit, and must also hold it harmless from any third-party claim arising from any of the behaviors cited in this paragraph.
Likewise, Urbanitae asks you to report if you detect that a third party is making a use of the Portal that contravenes the provisions of the General Conditions. Notwithstanding this, in the event of suspecting or detecting any anomaly in the service or any illicit act, contrary to law or to these General Conditions, Urbanitae will act accordingly and with due diligence.
4. Exclusion of Warranties and Liabilities of Urbanitae
The documentation and information published on the Portal has an exclusively informative and illustrative content and does not constitute any form of advice on investments, legal, accounting, or tax matters, or any other type. Each and every decision made by the Portal User as a result of the information on the Portal will be assumed exclusively by the same User.
Urbanitae has obtained the information and materials included in the Portal from sources considered reliable, but, although reasonable measures have been taken to ensure that the information contained is correct, Urbanitae does not ensure that it is accurate, complete, or updated and, consequently, it should not be relied upon as if it were, so it does not guarantee or assume any responsibility for possible damages caused by the use and utilization of the information, data, and services of the Portal.
Likewise, Urbanitae does not guarantee the absence of interruptions, failures, breakdowns, or errors in access to the Portal or its contents and services. However, Urbanitae will carry out, provided that there are no causes that make it impossible or difficult to execute, and as soon as it has news of the errors, disconnections, or lack of updating in the contents, all those tasks aimed at correcting the errors, re-establishing communication, and updating the contents.
The User is completely responsible for their access, registration (if applicable), and the correct use of the Portal, subject to current, national, or international legality, as well as the principles of good faith, morality, good customs, and public order. Likewise, you guarantee that once you have registered on the Portal (if you do so), no one can access or use your account without your consent.
The User is responsible for having the necessary services and equipment to access the Portal, which will require a device or computer equipment and an internet connection, which entail costs that are at their expense. In case of any incident or difficulty in accessing, the User can inform Urbanitae via the email contacto@urbanitae.com, so that it can analyze the incident and give indications on how to resolve it.
Therefore, Urbanitae assumes no responsibility for damages, losses, claims, or expenses, produced by:
Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages, or disconnections in the operation of the electronic system, caused by deficiencies, overloads, and errors in the telecommunication lines and networks, or by any other cause beyond the control of Urbanitae;
Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others;
Improper or inadequate use of the Portal; or
Security errors of the User's computer system (hardware and software) or navigation produced by a malfunction of the browser or by the use of non-updated versions of it, including any other anomaly in the operation of the Portal, caused by any cause beyond the control of Urbanitae.
Urbanitae may make available to its Users technical link devices, which, selected by the User, will redirect them to a different website owned by third parties that may be of interest to the User. However, in accordance with article 17 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the Portal excludes any liability for the operation of said pages, with respect to damages that may be due to the information and/or services provided or supplied by third parties other than Urbanitae, except for those cases of illegality or harmfulness of the linked content or by omission in the detection of said circumstances by the Portal. In cases other than those mentioned, all responsibility will be of the User.
In the event that any User considers that the content or services provided by the linked pages are illegal or harm the property or rights of the User or a third party, they must notify it at the following address: contacto@urbanitae.com, in particular, those that consist of:
a) Activities or contents that may be considered criminal according to Spanish criminal law.
b) Activities or contents that violate industrial intellectual property rights.
c) Activities or contents that endanger public order, criminal investigation, public security, and national defense.
d) Activities or contents that endanger the protection of public health, respect for the dignity of the person and the principle of non-discrimination, and the protection of health and childhood.
Urbanitae is solely and exclusively responsible for removing, as quickly as possible, the contents that may cause such damages, once they are communicated through the appropriate channels.
Urbanitae will not be responsible in cases of force majeure, including prolonged interruptions of the electricity supply, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event. Urbanitae excludes any liability for damages of any kind that may be due to the misuse of the freely available services and use by the Users of the Portal.
5. Intellectual and industrial property
The User acknowledges and agrees that all intellectual and industrial property rights of the Portal, including its source code, design, navigation structure, databases, as well as all trademarks, trade names or distinctive signs, and the rest of the industrial and intellectual property rights that are part of it, are the exclusive property of Urbanitae and/or possible third-party licensors, who have the exclusive right to use them in economic traffic. Urbanitae also has the exclusive right to exercise the exploitation rights of the aforementioned intellectual and industrial property rights of the Portal in any form and, in particular, the rights of reproduction, distribution, public communication, and transformation, in accordance with the applicable Spanish and European Union legislation.
Likewise, all contents and/or any other elements inserted in the Portal such as designs, texts, images, logos, icons, buttons, software, reports, etc., are the exclusive property of Urbanitae and/or possible third-party licensors.
Neither these General Conditions, nor the authorization for the User to register, access, use, browse, and/or download materials through the Portal, implies any type of license, transmission, assignment, or total or partial waiver of rights, so the User agrees not to reproduce, copy, distribute, make available, or in any other way publicly communicate, transform, or modify the aforementioned elements, unless prior and unequivocal written authorization is obtained from Urbanitae, holding Urbanitae harmless from any claim arising from the breach of such obligations.
Therefore, as a User, you only have a personal and private right of use granted for the purpose of enjoying the service, and the use of any material or element of the Portal to include it, in whole or in part, in other platforms or websites is prohibited, without the prior and unequivocal authorization of Urbanitae provided for in the previous paragraph.
Likewise, it is forbidden to delete, circumvent, or manipulate the “copyright”, use reverse engineering techniques, decompilation, disassembly, decryption, or any other means or mode that allows obtaining the source code of the Portal or any other related technology, as well as obtaining and attempting to obtain the contents using means or procedures other than those that have been made available for such purposes and expressly on the Portal.
The User agrees to respect the aforementioned rights, with Urbanitae reserving the right to exercise whatever legal means or actions correspond to it in defense of its legitimate intellectual property rights.
The unauthorized use of the information contained in the Portal, its resale, as well as the infringement of the intellectual or industrial property rights of Urbanitae will give rise to the legally established responsibilities.
6. Modifications
Urbanitae reserves the right to modify the General Conditions of the Portal at any time and without prior notice or to introduce new ones. In any case, Users are recommended to periodically consult these General Conditions of the Portal, as they may be modified and will come into force from the moment of their publication on the Portal, regardless of the means and form used.
7. Personal data protection and use of cookies
The User is informed that the processing of their personal data is subject to the General Data Protection Regulation (the “EU Regulation 2016/679”) and the Organic Law on Data Protection and Guarantee of Digital Rights (the “Organic Law 3/2018”). For more information about your data and the exercise of rights, you can consult our Privacy Policy.
Likewise, Urbanitae reserves the right to use “cookies”. Any User who browses the Portal may accept or reject the installation of non-essential cookies, without prejudice to those technical cookies exempt from consent. For more information on the cookies used, the User can consult the Cookie Policy, available on the Portal.
8. Basic Information for the investor User
Investing in the projects published on the Urbanitae website may involve certain risks, such as the risk of total or partial loss of the invested capital, of not obtaining the expected monetary return, or of a lack of liquidity. Therefore, investor Users are warned to only invest an amount they are willing to lose and we suggest they diversify their investments to minimize and mitigate potential risks.
Likewise, the information about the different risks that can be assumed is made available to all Users, for their knowledge and acceptance: Basic Information for the investor.
9. Customer Service
Urbanitae has a Customer Defense Regulation that details the procedure for submitting complaints and claims by Users and the procedures for resolving them, available at the following link: Customer Defense Regulation.
10. Adherence to the regulatory body Confianza Online
Our entity is a member of Confianza Online (a non-profit association), registered in the National Register of Associations Group 1, Section 1, national number 594400, VAT number G85804011, Carrera de San Jerónimo, 18, 4º 1, 28014 Madrid (Spain). For more information: www.confianzaonline.es
Likewise, we inform that, as a member entity and under the terms of its Code, Confianza Online will be competent for the alternative resolution of any disputes regarding digital advertising and data protection related to this area. https://www.confianzaonline.es/como-reclamar
11. General conditions of use of payment services – Framework Contract for Payment Services
Registered Users of Urbanitae must subscribe to a Framework Contract for payment services with any of the following payment entities:
(i) Lemonway, a simplified joint-stock company, whose registered office is at 8 rue du Sentier, 75002 Paris, France, registered in the Paris Trade and Companies Register under number 500 486 915 (“Lemonway”), authorized on December 24, 2012, by the Autorité de Contrôle Prudentiel et de Résolution (Prudential Control and Resolution Authority, “ACPR”, France, website acpr.banque-france.fr/), 4 place de Budapest CS 92459, 75436 Paris, as a payment institution, with number 16568, the terms of which will be made available to the User for their acceptance; or
(ii) Mangopay, a limited company with its registered office at 2 Avenue Amelie, L-1125, in Luxembourg. Mangopay is registered under number B173459 in the Luxembourg Trade and Companies Register, approved as an Electronic Money Institution by the Financial Sector Regulator (CSSF) and authorized to carry out its activity in Europe.
Users may at any time consult, reproduce, store, print, or transfer the Framework Contract for payment services on the Lemonway website: https://www.lemonway.com/en/terms-and-conditions or on the Mangopay website: https://mangopay.com/terms-and-conditions/payment-services as the case may be.
Likewise, Users can verify Lemonway's authorization on the regafi.fr page, as a payment institution.
12. Language, applicable legislation, and competent jurisdiction
The applicable language for these General Conditions is Spanish.
These General Conditions and the relationships created between Urbanitae and the User will be governed by Spanish legislation. In the event of any discrepancy or conflict between Urbanitae and the User, they expressly waive any other jurisdiction that may correspond to them and submit to the Courts and Tribunals of the city of Madrid.
In the event that the competent authority declares any of the provisions present in the current General Conditions as illegal, invalid, or unenforceable, it will not result in the present General Conditions being unenforceable or null as a whole. In such cases, Urbanitae will proceed to modify or replace said stipulation with another one that it considers valid or in accordance with the law.
13. Reflection period
In accordance with article 22 of Regulation (EU) 2020/1503 in relation to its article 19, Urbanitae offers a pre-contractual reflection period during which the potential non-sophisticated investor may at any time revoke their investment offer or expression of interest in the crowdfunding offer without needing to justify their decision and without incurring a penalty. The reflection period will be four (4) calendar days from the moment of the investment offer or the expression of interest by the potential non-sophisticated investor.