Terms and Conditions of Service
PROVIDER IDENTIFIER
A. For Users Resident in the European Union (EU):
- Owner: PRENDELUZ, S.L.
- Registered office: Pasaxe Do Pedrido, 24. - 15165 - Bergondo (A Coruña)
- Tax ID number: B70278825
- Public Registry: Registered in the Mercantile Registry of La Coruña, Volume 3408, Folio 66, Section 8, Page 47016, Entry 3.
B. For Users Resident in the United States (USA):
- Owner: Velocraze, Inc.
- Type of Entity: Delaware C Corporation Subsidiary
- EIN: 38-4371427
- Address: Legalinc Corporate Services Inc., 131 Continental Dr, Suite 305, Newark, DE 19713 US
GENERAL CONTACT INFORMATION
- Email (General Enquiries): support@velocraze.com
- Email (Data Protection): privacy@velocraze.com
PURPOSE
This text sets out the terms and conditions of use and registration that apply to our online services platform https://velocraze.com and the services we provide, reflecting all the rights and obligations of the parties.
All users who visit or access our platform and/or use any of the services we provide accept the terms and conditions of use and the privacy policy, as well as any modifications and/or additional legal texts that may be included in the future. If you do not agree with any of the terms and conditions, you may unsubscribe from the service at any time or, if you are not a registered user, leave the platform.
In addition to these conditions, each of the services provided may be governed by specific conditions of use and registration, which the user must expressly accept before using and/or contracting them.
USER REGISTRATION AND ACCESS
1. REGISTRATION PROCEDURE
Any user, provided they are over 18 years of age and have sufficient power to act on behalf of a third party, whether a natural or legal person, may register on our platform.
To do so, they must simply access the form provided for this purpose, enter the requested data and accept the terms and conditions of use and registration, as well as the privacy policy that will govern the relationship between the user and the provider.
Using the username and password entered during the registration process, the user will be able to access the platform to contract and manage their services and information, as well as complete their user profile.
ELECTRONIC CONTRACTING OF SERVICES
1. PRELIMINARY INFORMATION APPLICABLE TO ELECTRONIC CONTRACTING
In accordance with the provisions of Article 23 et seq. of Law 34/2002 on information society services and electronic commerce, contracts concluded electronically shall have all the effects provided for by law, provided that both parties give their consent and that this can be proven.
For these purposes, it shall be understood that following all the stages of the registration process and, where applicable, paying the corresponding amount, necessarily implies the provision of the express consent required for contracting the service.
Similarly, and in accordance with the provisions of Article 27 of Law 34/2002 on information society services and electronic commerce, all information relating to the contract is made available to users prior to the start of the contracting process.
The terms and conditions set out below apply directly to the contracting of all services made available through the website https://velocraze.com, unless expressly stated otherwise.
2. CONTRACTING PROCEDURE
The service contracting procedure is carried out entirely electronically through our platform, without the physical presence of the parties and/or external physical transaction at any time.
Anyone with Internet access can contract the services, with the only prerequisite being that they have registered as a user, which is essential in order to initiate the contracting procedure.
The stages of the contracting procedure are visible to users throughout the entire contracting procedure. There are three distinct stages:
• User identification.
• Selection of the service and payment method.
• Confirmation of the service.
The Site allows the purchase of products grouped into packs and combos, subject to specific combination rules.
The user only has to select the service they wish to purchase and click on the purchase button provided for this purpose. This will start the contracting procedure, which will always follow the steps indicated above for all available services.
Once the service, quantity, applicable taxes, total price and payment method have been selected, the platform will show the user a summary of the purchase made, together with the applicable terms and conditions, which must be expressly accepted by the user in order to continue with the purchase process.
Once the box accepting the terms and conditions has been ticked, if any of the electronic payment methods has been selected, the user will be redirected directly to the corresponding external payment platform to make the payment, without https://velocraze.com having access at any time to the user's credit card and/or payment system details.
The security of the payment procedure is guaranteed by the financial institution.
Once the service has been contracted, a summary screen of the contract will be displayed.
We accept payments by credit/debit card, Apple Pay, Google Pay and PayPal. All card payments are processed through Stripe's secure payment gateway. The Platform does not store credit card information.
If payment by credit card has been selected, it will be carried out through the bank's POS terminal, a platform that is completely separate and independent from the provider.
Within a maximum period of 24 hours, the service contractor will receive an email containing all the information relating to the contracted service. This document is confirmation that the contract has been successfully completed and is valid as proof for any type of claim, provided that the corresponding proof of payment is attached.
The provider informs the user that all contracts entered into will be recorded in a file for the control and management of contracts, which will contain, together with the information on the services contracted, additional information to guarantee security and evidence of the correct completion of the procedure.
2.1. Community and Social Interaction
- Social Wishlist: Users can create, edit and share wishlists, with public or private visibility options.
- Activity Feed: The Platform includes a feed showing user activity, allowing interactions such as likes and the option to share content.
- Notifications: Contextual notifications will be sent related to community activity, progress in gamification, and purchase events.
2.2. Gamification and Playful Experience
- Game Mechanics: The Platform incorporates gamification elements such as missions, points, levels and combos, which are activated by events such as the creation of wishlists, adding to the cart or purchasing.
- Game Modules: Users will be able to participate in game modules such as trivia, random quests, and guessing games, with progress tracking.
- Rewards: Rewards can be linked to purchases, including coupons and the possible association of NFTs (Non-Fungible Tokens) to user activity.
2.2.1. Regulation of NFTs
NFTs are awarded as gifts for interaction or membership on the Platform and are subject to the following conditions:
- Exclusive Use: The NFT is a recognisable digital asset whose sole purpose is to serve as a mechanism for obtaining discounts or loyalty points, valid only within the Velocraze.com Marketplace.
- Transfer Restriction: The NFT may not be sold, resold, transferred or exchanged outside the Platform. Nor may it serve as a mechanism for acquiring rights to goods, services or creations outside PRENDELUZ, S.L.
- Intellectual Property: The NFT does not grant the user copyright, reproduction, modification or commercial exploitation rights over the associated digital content. The intellectual property rights over the works related to the NFTs remain at all times with PRENDELUZ, S.L. or the original creator.
- Modification of Conditions: PRENDELUZ, S.L. reserves the right to modify the conditions of use and exchange of NFTs at any time, always guaranteeing transparency and prior communication to users.
2.3. ImpactLoop and Social Purpose
- Impact Model: Velocraze.com integrates a social impact model. Users can select causes or impact categories.
- Contribution per Order: The social contribution generated by each purchase order will be automatically recorded, providing summaries and impact maps to the user.
2.3.1. Donation Mechanism
Donations are made by transfer when certain amounts pre-set by the Platform are reached.
The organisations we currently collaborate with are: ADELA, CÁRITAS, ÉRGUETE, ENERGÍA SIN FRONTERAS, F. AMIGOS DE MONKOLE, LIFETERRA, AMNESTY INTERNATIONAL, PROTECCIÓN A LA INFANCIA (Plan Internacional), SAUCE ALDEAS INFANTILES and ACNUR. The list of organisations may change over time.
SCOPE OF APPLICATION AND CONSUMER RIGHTS
As the Platform operates in the European Union (EU) and the United States (US), the terms and conditions and rights of withdrawal vary depending on the user's location.
3.1. For Users Resident in the EUROPEAN UNION (EU)
The following conditions apply to users residing in a Member State of the European Union.
3.1.1. Right of Withdrawal (EU)
In accordance with Directive 2011/83/EU and Royal Legislative Decree 1/2007, the user has the right to withdraw from the purchase contract without the need for justification within a period of 14 calendar days from the day on which the user or a third party indicated by them acquires physical possession of the goods.
To exercise the right of withdrawal, the user must simply send a written request to any of the addresses listed below, expressly stating their request to exercise their right of withdrawal:
• Postal address: Pasaxe Do Pedrido, 24. - 15165 - Bergondo (A Coruña)
• Email: protecciondedatos@prendeluz.com
Exceptions to the Right of Withdrawal (EU):
The right of withdrawal shall not apply, among others, to:
- The supply of goods made to the consumer's specifications or clearly personalised.
- The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and have been unsealed after delivery.
- The supply of digital content (including NFTs) that is not provided on a tangible medium when the performance has begun with the consumer's prior express consent and with their acknowledgement that they consequently lose their right of withdrawal.
3.1.2. Applicable Law and Jurisdiction (EU)
These Terms shall be governed by and construed in accordance with the laws of Spain. Any dispute shall be submitted to the jurisdiction of the courts of A Coruña (Spain), although the consumer may choose the jurisdiction of the courts corresponding to their place of residence, in accordance with current legislation.
3.2. For Users Resident in the UNITED STATES (USA)
The following conditions apply to users residing in the United States.
3.2.1. Right of Cancellation (US)
In the United States, there is no mandatory federal right of withdrawal for online purchases. The right of cancellation shall be governed by the return policy of Velocraze, Inc. and applicable state laws.
Return Policy: Velocraze, Inc. has determined that sales of physical and digital products are final and not subject to return or cancellation, unless otherwise required by applicable state law.
4. RIGHT OF WITHDRAWAL FROM CONTRACT
The right to withdraw from the contract shall be governed by the provisions of section 3.1.1 or 3.2.1, as applicable to the user's residence.
USER OBLIGATIONS
The user undertakes, during the term of this contract, to:
- Provide truthful and accurate information during the registration and purchase process.
- Not to use the platform or any of its components to carry out timeshare operations, or to become a provider of software application services insofar as these are aimed at enabling third parties to access the platform or any of its components through rental operations, administrative services or any other similar activities, sharing them or making them available to third parties.
- Not to subject the platform or any of its elements to activities aimed, directly or indirectly, at decompiling its software, which involve subjecting it to operations of a nature contrary to those that determined its construction or which, ultimately, constitute or may constitute reverse engineering, decompilation or disassembly operations. None of the sections of this contract may be understood as authorisation to access the platform's source code.
- Not to publish the platform or use it as a system for managing and exchanging illegal information and/or documentation, contrary to morality or public order, contrary to copyright and/or industrial property rights.
- Do not subject the platform to workloads aimed at destabilising it, including denial-of-service (DDoS) attacks or similar situations. If such situations are detected, the agreed level of service will not apply, as it will be considered an emergency situation, and PRENDELUZ, S.L. will therefore not be liable for the lack of availability of the service.
- Not to perform acts of reverse engineering, requirements gathering or other activities aimed at developing an online platform identical or similar to that made available by https://velocraze.com, as this activity may be considered an act of unfair competition and a violation of the intellectual and industrial property rights that the provider holds over the platform.
- Not to translate, adapt, improve, transform, modify or correct the platform or any of its elements, and not to incorporate it into other software or portals owned by you or provided by third parties.
- Not to remove, delete, alter, manipulate or in any way modify those notes, captions, indications or symbols that the provider, as the legitimate owner of the rights, incorporates into its intellectual or industrial property (such as copyright, ©, ® and TM, etc.), whether on the platform itself or in the associated material.
- Accept that https://velocraze.com may introduce contextualised or non-contextualised advertising on the website.
- Pay the amounts expressly indicated in this contract in a timely manner.
- Inform the provider of any event or situation that may have occurred that could jeopardise the security of access by authorised users.
- It is prohibited to force failures or search for security breaches in the platform.
GUARANTEES AND RESPONSIBILITIES
We are deeply committed to ensuring that our services function correctly and in accordance with the conditions agreed with our users. However, on occasions, situations may arise, particularly due to the intervention of malicious third parties, that could give rise to liability.
In this regard, below we indicate those situations in which we are not responsible for the actions of users, who assume all liability arising therefrom:
- In the event that information appears on the platform that has not been hosted by us or that has been published by a third party outside the organisation.
- In the event that the platform is not operational for technical reasons attributable to third parties or unforeseeable causes and/or force majeure.
- In the event that the user or any third party stores, disseminates, publishes or distributes on the platform any type of material that is defamatory, libellous, discriminatory, incites violence or is contrary to morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties.
- In the event that the user or any third party uses the platform to introduce data, viruses, malicious code, hardware or any other electronic or physical instrument or device, causing damage to the systems of other users.
The relevant service provider is not responsible for technical failures attributable to third parties (such as hosting providers or payment gateways), force majeure, or content published by third parties. In the event that the services contracted by the user are not available for a period of more than 72 hours from the time of notification of the incident, the user is entitled to request the provider to terminate this contract and refund the amounts corresponding to the services not enjoyed, which will be duly reimbursed through the same means as the initial payment or, where appropriate, by bank transfer.
In the event that any of the content accessible through the platform is contrary to current regulations, we undertake to remove it immediately, as soon as we become aware of it and corroborate the facts.
NOTICE AND TAKEDOWN MECHANISM
The Platform acts merely as a data hosting service provider and is not responsible for content generated by users, provided that it has no actual knowledge of its illegality.
Any user or third party who considers that content hosted on the Platform is illegal, offensive or infringes their intellectual property rights may notify us through the following channel: support@velocraze.com
Once the notification has been received, the Platform will analyse the content and, if its illegality is confirmed, remove it or disable access immediately in order to benefit from the exemption from liability established in the Information Society Services Act (LSSI).
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
At https://velocraze.com, we are deeply committed to protecting intellectual property rights. That is why we have established the following conditions and policies:
1. RELATING TO THE ONLINE PLATFORM
The provider guarantees the user that it is the legitimate owner of the platform and that it is not involved in any legal dispute prior to the signing of this contract.
The user expressly acknowledges that the provider holds all rights, title and interest in the platform and the computer developments associated with the service, as well as in all its modules, modifications and updates and in any element and/or functionality developed on it, regardless of whether this has been requested by the user or not. For these purposes, this includes, without limitation, the recognition of the provider's ownership of all copyright, intellectual property, and/or industrial property rights, and may exploit the platform without any restrictions of a temporary or territorial nature, or relating to means of dissemination or modes of exploitation, and with no limitations other than those established by law.
The structure, characteristics, codes, working methods, information and exchange systems, development tools, know-how, methodologies, processes, technologies or algorithms that constitute and/or may constitute the platform are the exclusive property of the provider and are duly protected by national and international intellectual and/or industrial property laws. They may not be subject to further modification, copying, alteration, reproduction, adaptation or translation by the user without the prior express consent of the provider.
Similarly, all user manuals, texts, graphic drawings and databases that complement the platform and/or materials associated with it are the property of the provider and may not be subsequently modified, copied, altered, reproduced, adapted or translated by the user.
The provision of the platform as a service or mere access by the user does not imply, in any case, the transfer of ownership or the granting of a right of use to the user other than that expressed in these conditions.
In order for the user to be able to use the platform, which is the exclusive property of the provider, the latter grants, by virtue of this contract, a non-exclusive licence of use to the user, limited in time to each connection period, unlimited in space insofar as it can be accessed from any device with an Internet connection, non-transferable, revocable and non-sublicensable.
In any case, any type of reproduction, imitation, transmission, translation, modification, creation of derivative works and/or public communication is strictly prohibited, regardless of the means used to do so, and the infringing user shall assume all direct or indirect liability that may arise.
For any aspect not expressly recognised in this contract, all rights shall be reserved in favour of the provider, and written authorisation from the provider shall be required in order to carry it out.
2. RELATING TO USER CONTENT AND INFORMATION
All content and information published or managed by users on the platform is the exclusive property of the user. However, by uploading content to the Platform, the user grants PRENDELUZ, S.L. a non-exclusive, free, worldwide and sublicensable licence to use, reproduce, distribute, modify, adapt, display and publicly communicate such content, solely for the purpose of providing, promoting and improving the services of the Platform (e.g. displaying the video in the activity feed, sharing it on the Platform's social networks or using it to promote the functionality of the community).
The user guarantees that they are the legitimate owner of the intellectual property rights to the content they upload or that they have the necessary authorisation to grant the licence under the terms set out herein. The user shall be solely liable for any third-party claims arising from the content they host.
CONFIDENTIALITY AND DATA PROTECTION
In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, all personal data provided during the use of the platform and during the provision of services will be processed in accordance with the provisions of the Privacy Policy, which all users must expressly accept in advance in order to register.
All users who accept these terms of use expressly and unequivocally accept our Privacy Policy, and in this regard are entitled to the rights of access, rectification, cancellation and opposition with regard to their personal data, which they may exercise as set out in the aforementioned Privacy Policy.
TEMPORARY CONDITIONS
These conditions shall come into force on the date of contracting the service and shall remain in force for one year, tacitly renewable for annual periods.
Either party may terminate this contract by giving express written notice to the other party at least 30 days before the start of the following period.
However, services that are consumed and contracted in packages or promotions may have a specific duration that is shorter than that indicated, which in any case will be shown before proceeding with the contract.
FINANCIAL CONDITIONS
The rates applicable to each of the services offered through the platform shall be solely and exclusively those published on the online platform, these being the only valid ones, except in the case of typographical or transcription errors, in which case the provider undertakes to modify them immediately.
The provider reserves the right to cancel contracts made within 7 days of their completion if it detects typographical or transcription errors in the price and/or taxes applied to the transaction.
The provider reserves the right to make any changes to the rates for each service, undertaking to publish them on the platform in a manner visible to users. Unless otherwise specified, rate changes shall not be retroactive.
All contracted services will be duly invoiced and paid for prior to the provision of the services.
Payments may be made by credit/debit card, Apple Pay, Google Pay, and PayPal. The provider does not have access to any bank or credit card details at any time, as all payments are processed through secure payment gateways (Stripe and PayPal).
All rates will be increased by the amount corresponding to the taxes in force on the date of issue of the invoice, which will be duly reflected in the summary of each purchase.
CUSTOMER SERVICE AND TECHNICAL SUPPORT
The provider offers users a customer service and technical support service with the following characteristics:
- Email (General Enquiries): support@velocraze.com
- Email (Data Protection): privacy@velocraze.com
Unless otherwise specified, the customer service will be provided exclusively in Spanish.
TERMINATION OF THE CONTRACT
This contract may be terminated in any of the following circumstances:
- Breach of the obligations set forth in this contract.
- Upon expiry of its term, provided that either party has expressly stated at least 30 days in advance its intention not to automatically renew the contract.
- The declaration of insolvency of the other party, or the initiation of any such proceedings or equivalent before the competent authorities, and repeated breaches of obligations by the other party, whether filed by either party or by a third party.
- In the event that the corresponding financial amounts are not paid in accordance with the agreed terms and conditions. The service will be automatically blocked on the day following the date of non-payment. To reactivate the service, it will only be necessary to pay the corresponding financial amount.
- The dissolution, liquidation or loss of legal personality of either party.
- Any substantial change or variation in the essential conditions that were indicated in this contract in order to enter into this contract.
Similarly, in order for the contract to be fully terminated, the user must pay all outstanding amounts, without the possibility of full termination without compliance with this obligation, which is considered essential.
In the event that the contract is terminated unilaterally by the user, without duly proven and justified cause, the user waives any claim for the amounts paid to date.
OUT-OF-COURT SETTLEMENT OF DISPUTES
Likewise, in accordance with the terms set out in Article 14 of EU Regulation 524/2013 on the resolution of consumer disputes, a direct link to the online dispute resolution platform is provided: https://ec.europa.eu/consumers/odr/main/index.cfm
APPLICABLE LAW AND JURISDICTION
Any dispute or conflict that may arise from these terms and conditions shall be governed by Spanish law. The resolution of legal disputes shall be subject to the jurisdiction of the courts and tribunals of the user's or customer's place of residence.