11Onze Application Terms
TERMS AND CONDITIONS
1. Introduction
These terms and conditions govern the contractual relationship between the customer and 11Onze Holdings SCA, with registration number B255346 and registered office at 18, Rue de l’Eau, L-1449 Luxembourg, Grand Duchy of Luxembourg,
These terms and conditions also govern the use of any products, issued by legally constituted service providers, marketed by 11Onze Holdings SCA including our mobile application.
The signature of this document implies that the user has read, understood and accepted without reservation the present terms and conditions and the specific rates and conditions of 11Onze Holdings SCA.
By accepting these terms and conditions, the user assures that he/she is over 18 years of age and legally able to understand and accept these terms and conditions.
You may download a copy of any of the legally required documents we disclose (including this Agreement) from our mobile application or by emailing [email protected].
2. 11Onze Mobile App Terms of Use
You agree to use the App responsibly, acting in good faith, in accordance with the applicable law. However, you undertake not to use the App for fraudulent purposes and not to engage in conduct or actions contrary to the interests and rights of 11Onze or third parties, as well as not to engage in any conduct that could damage the image of 11Onze. You agree not to take any action that may damage, harm or overload the App, or that may hinder the proper functioning and use of the App.
You will provide the information relating to the User in the forms to 11Onze in a responsible manner with respect to the truthfulness and lawfulness of these, for access to certain content or services offered by the App.
The User will notify 11Onze immediately of any fact that he/she becomes aware of that allows the misuse of the information recorded in these forms, such as unauthorized access, theft or loss of user keys and / or passwords, to proceed to their immediate cancellation.
We inform you that, in case of breach of the obligations arising from these Terms and Conditions, 11Onze reserves the right to suspend, terminate or limit your access to the App, adopting any technical measures necessary for this purpose. In addition, 11Onze reserves the right to take such measures in the event that it objectively suspects that the User is violating any of the terms and conditions herein, in addition to other legal documents or terms of contract of any product.
11Onze reserves the right to update, amend or withdraw information integrated in the App, as well as the contents and / or services integrated therein, extending this right to the access of content when 11Onze deems it appropriate. 11Onze may suspend, limit or prevent access to the App for technical reasons or circumstances beyond its control that may affect the security levels or service quality standards for the proper functioning of the application. 11Onze is the service provider and will make the decisions it deems necessary on the continuity of the services provided in this App.
The Application can be downloaded free of charge. The process of downloading and registering in our application implies acceptance of these terms and conditions as well as our Privacy Policy. To proceed with the user registration you must provide your name, surname / s, date of birth, cell phone, address and email. Likewise, to continue with the identification process you must provide a valid and current identity document, either Spanish ID / NIE or passport. You will be provided with a unique and non-transferable security code for your security.
Once the registration process is completed, you will be asked to provide us with a photograph of the front and back of the ID document, in order to proceed with the validation and verification of your identity and the legal characteristics of the document. 11Onze may make such verifications and request further data or legal documents as it deems relevant to its registration process and due diligence checks established by law.
You are responsible for keeping your identification and access codes to the App secure, and that these remain confidential to third parties.
You are also responsible for any damage to your device as a result of downloading the App (including infection with viruses, malicious code or destructive elements).
3. Special protection of Consumers and complaint channels.
These terms and conditions shall be governed by, construed and enforced in all respects solely and exclusively in accordance with domestic and EU substantive laws, without prejudice to principles of conflict of laws.
By law, consumers have certain rights that a contract cannot modify or exclude. The provisions of these terms and conditions do not affect your rights as a consumer.
These rights are regulated in Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 November; as well as in Law 22/2010, of 20 July, of the Consumer Code of Catalonia.
We are committed to providing excellent service to all our customers. Should we fail to meet your expectations in any way, we would like the opportunity to rectify.
In the first instance, your initial communication should be directed to our Customer Service Team via email at [email protected] or via the mobile app communication channel. Our Customer Care Team will listen to your needs and will do everything in their power to resolve the issue as soon and as best as possible. We value the opportunity to review the way we work and help us meet our customers’ expectations.
We provide a complaints policy and a form for our customers where they can provide initial information about the reason for their complaint online.
The communication must contain the following data:
Name, surname, and address of the interested party and, if applicable, of the person representing him/her, duly accredited; national identity card number for natural persons and tax identification code for legal entities.
Reason for the claim, with clear specification of the issues on which a ruling is requested and, if applicable, the amount of the claim.
Place, date and signature.
The claimant must also provide the documentary evidence in his possession on which the claim is based.
If once you receive the response from our Customer Service Team you are not satisfied with the result, or you do not get any response within two months of the complaint, please contact us by email at [email protected]. This way we can improve our service.
If the reason for the complaint is related to online banking service, you can contact the Complaints Team of the company providing the service, the contact details of which are set out in the terms and conditions of the contracted product.
If you do not agree with the resolution of the claim, you can file a complaint or claim to the Catalan Consumer Agency at the following link.
Here you can find the official complaint document of the Generalitat de Catalunya in pdf format if you wish you can fill it and send it to the email [email protected].
Finally, if none of these options solve your problem, you can file a complaint in your country of residence through the process for conflict resolution that informs us the European Commission in this link. The steps to file a complaint are as follows:
Complete the Financial Dispute Resolution Network (FIN-NET) form.
Download and complete the FIN-NET form for cross-border complaints. You can also contact any FIN-NET member directly and ask for guidance. Find contact information for all members in each country here.
Send the form to a FIN-NET member
Email or post the form to any FIN-NET member in your own country, or the country of your supplier. Find contact information for all members in each country here.
What happens next?
The FIN-NET member will tell you if they can solve your problem or can refer you to another organization that can help you. You may be asked for additional information to properly evaluate the case. Most FIN-NET members can help for free or at low cost. In general, they get a result within 90 days.
Financial service providers are not usually obligated to follow FIN-NET members’ decisions, but most tend to do so voluntarily.
If they do not, or if you are dissatisfied with the way your complaint has been handled, you may have to take legal action.
4. Changes of Conditions and Subrogations
By signing these terms and conditions, the customer accepts the possible subrogations of the company providing the service. In other words, 11Onze Holdings SCA reserves the right to change the entity issuing the product for another, which may involve changes in the conditions of the contracted product. In any case, they will always be informed in advance on paper or other durable medium, no less than 2 months before the date on which the proposed modification or subrogation comes into effect.
If the Client wishes to avoid the application of the subrogations and / or new conditions that have been communicated to him. We remind you that the law gives you the right to communicate to us through the Customer Service, in the manner indicated in the second section of these general conditions, your opposition by terminating the contract of the respective product before the expected date of entry into force of the changes. If before the indicated date the Customer has not exercised the rights of opposition, the proposed changes shall be deemed to have been accepted.
Other provisions:
We may assign or transfer our rights, interests or obligations under this Agreement to any third party (including through merger, consolidation or acquisition of all or substantially all of the business or assets related to the Agreement) upon 2 months’ notice. This fact does not affect any rights or obligations you have under this Agreement.
Nothing herein is intended to benefit any third party who is not a party to it and no third party shall have any right to enforce the terms of this Agreement but this clause does not affect the right or remedy of any third party which may exist or be available to you.
Any disclaimer or concession we allow you will not affect either our rights or your obligations under this Agreement.
This Agreement and the documents referred to herein constitute the entire agreement and consent of the parties hereto and supersede any prior agreements between the parties with respect to the subject matter hereof.
5. Processing of personal data.
The data provided by users are only processed by our companies 11ONZE HOLDINGS SCA, with registration number B-255346 and registered office at 18, Rue de l’Eau, L-1449 Luxembourg, Grand Duchy of Luxembourg, and Go4IT SL, with CIF B02862316 and registered office at Rambla de Catalunya, 79 2-2 08007 Barcelona, and our email address, for any questions or doubts that may arise, is: [email protected].
For operational reasons, 11Onze may share your data with service providers that interact with us and all those that allow us to carry out the service. Your data will only be shared with third parties for reasons that relate to services related to the 11Onze product. By signing this document, you are confirming your authorization to share your data.
In order to provide you with services relating to the contracted product, we must collect and process your personal data, in order to comply with our obligations with respect to anti-money laundering or other state legislation. Therefore, you have the obligation to inform about your personal data and communicate any change in them, being that this non-compliance will exonerate 11Onze from any liability.
By signing this document, you consent to the collection of your data. When you refuse the collection and processing of your data, we reserve the right to suspend the service due to our obligations as a financial services institution.
We may disclose or confirm your personal data with other organizations and obtain further information about you to verify your identity and comply with anti-money laundering and other state legislation. We will leave a record of our investigation on your file.
Any third party with whom we may share your data will be obliged to hold your information securely and only use it to fulfil the service they provide on your behalf. When we transfer your personal data to a third country or international organization, to ensure that this is done securely and in compliance with the minimum data protection standards in your country.
You have the right to receive information about the personal data we hold about you and to rectify this data where it is inaccurate or incomplete. You have the right to object or withdraw consent for certain types of processing, such as direct marketing.
Your data will be retained for 10 years following the provision of the services, at which point it will be destroyed in compliance with the requirements of the Data Protection and Prevention of Money Laundering Regulations.
Our Privacy Policy provides full details of your rights as a data subject and our obligations as a data controller. Please read this document carefully and make sure you understand your rights.
6. Law and jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the state in which the holder of the Service Provider is located, and any dispute or claim relating to this Agreement shall be subject to the non-exclusive jurisdiction of those courts. However, if you reside outside this country, you may file a claim in your country of residence.
7. Priority language
The whole text of this document, as well as the documents derived from it, including those in the Annexes, have been written in the Catalan, Spanish and English languages, the three versions being considered official, although in case of doubt or inconsistency between the different versions, the Catalan language version is fixed as the priority one and shall prevail.
