1. Legal Information
The present Legal Notice governs access to the website property of PROSEGUR, namely www.prosegurcash.com (hereinafter referred to as the “Website”), and the use of the contents and services made available to users who access the website (hereinafter referred to as “Users”).
Use of the Website by Users implies full acceptance, without any reservation whatsoever, of all of the terms and conditions included in the valid Legal Notice whenever the Website is accessed. Given that PROSEGUR reserves the right to change the present Legal Notice at any time and without prior warning, and Users must read them thoroughly whenever planning to use any contents or services offered on the Website, since they may have been modified.
Some Website services may be subject to particular terms and conditions that replace, complement or modify the present Legal Notice, in which case Users must also accept such particular terms and conditions before the service in question can commence.
PROSEGUR may suspend, block, interrupt or cancel the Service at any time and at its own discretion in the following cases:
1.- to safeguard the security of the service or access channel
2.- in case of fraudulent or abusive use of the Website
3.- whenever necessary for maintenance operations or service repairs, and
4.- should the User fail to observe the terms and conditions.
Access to the Website is free of charge except as regards the cost of the connection to the telecommunications network supplied by the access provider and hired by the Users. Access to the Website and, especially, contracting the products and services offered through the Website are reserved for adults over 18 years of age and PROSEGUR will not be held liable for any consequences arising from failure to comply with this measure.
Users undertake to use the services and content of the Website in accordance with the law and the present Legal Notice, and shall be liable vis-à-vis Prosegur or third parties for any damage or harm that may be caused as a result of failure to fulfil these obligations or actions that are unlawful, negligent or fraudulent, or that contravene the principle of good faith, generally accepted use or public order.
Use of the Website that is unlawful, damaging to the property, interests or reputation of PROSEGUR or third parties, or that damages, overloads or render useless the networks, servers and other IT equipment (hardware) or IT products and applications (software) of PROSEGUR or third parties remains expressly prohibited.
2.3. Intellectual and industrial content and property
All Website content, including but not limited to the text, photographs, graphics, images, icons, technology, software, links and other audio-visual or sound content, its graphic design and source code, as well as the brands, commercial names or distinctive symbols, is the property of PROSEGUR or third parties. PROSEGUR shall not assign nor grant any licence or authorisation to Users regarding the industrial or intellectual property rights relating to these items.
The aforementioned industrial and intellectual property exploitation rights and, particularly, the reproduction, distribution, public communication and transfer rights may only be exercised in any way by PROSEGUR.
In accordance with applicable legislation, Users are prohibited from performing actions including but not limited to the following:
1.- Reproducing, copying, distributing, disclosing, publicly communicating, transforming or modifying the content, save for the cases authorised by law or expressly agreed to by PROSEGUR.
2.- Extracting and/or reusing all or a substantial part of the Website content that PROSEGUR makes available to Users.
3.- Duplicating, copying, selling, re-selling or exploiting PROSEGUR Services for commercial purposes without our prior consent to do so.
4.- Using any registered trade mark, logo or other information protected by PROSEGUR copyright without the corresponding prior authorisation to do so.
2.4. Corporate Information
The user understands and accepts that any information of an economic, financial or strategic nature (hereinafter referred to as the "Corporate Information") concerning PROSEGUR or companies of the Prosegur Business Group, as defined in article 42 of the Spanish Royal Decree of 22 August 1885, which published the Code of Commerce, shall be shared for information purposes only.
While Corporate Information is obtained from reliable sources and though reasonable measures have been taken to ensure that it is neither erroneous nor misleading, PROSEGUR cannot guarantee that it is accurate, complete or up to date.
The Corporate Information contained in the Website entails no recommendations whatsoever for investments or financial advice or any other sort of guidance or counsel, and no information included therein should be construed as a basis for making investments or making decisions of any sort.
(i) For the information and content
PROSEGUR intends for all content on its Website to be of the highest possible quality, but cannot guarantee that it is accurate, thorough or up to date. Access to the Website and use of its information and content is the exclusive responsibility of the Users. PROSEGUR shall not be held liable for the consequences, damage or harm that may result from this access or use of the information or content.
(ii) For the quality and availability of access
PROSEGUR does not guarantee the absence of viruses, computer worms or other harmful elements. The use of appropriate tools, measures or systems for detecting and removing harmful elements shall be the responsibility of the Users. PROSEGUR shall not be held liable for the damage caused to the IT equipment belonging to Users or third parties as a result of accessing the Website.
Access to the Website requires services and supplies provided by third parties without it being the responsibility of PROSEGUR to control their quality, availability, continuity and operation. PROSEGUR will not be held liable for damage or harm of any kind caused to Users as a result of faults, interruption or suspension of the service for connecting to telecommunication networks while accessing the website.
PROSEGUR makes no guarantee insofar as the availability, maintenance and effective operation of the Website and/or its services. However, it shall use its best efforts to ensure that the Website is always accessible and working properly.
The Website may contain links that let Users open other pages or internet portals (hereinafter "Linked Sites"). In such cases, PROSEGUR acts as an intermediary service provider in accordance with Article 17 of the Spanish Information Society Services and Electronic Commerce (Law 32/2002 of 12 July), and shall only be liable for the content provided on the Linked Sited insofar as it has effective and clear knowledge of its unlawfulness and has not deactivated the link with due diligence.
Users who consider that a Linked Site contains unlawful or inappropriate content may report it to PROSEGUR, who will investigate as to the legality of the content. Despite this, this communication does not bind PROSEGUR to removing this link.
Moreover, Users are hereby informed that the existence of Website links does not necessarily mean the existence of agreements with the owners or holders of the Linked Sites or any recommendation, promotion or identification of PROSEGUR with the views, beliefs, contents or services provided or offered by the portals of the Linked Sites.
PROSEGUR does not know the contents and services of the Linked Sites and therefore accepts no liability for any damage caused by the unlawfulness, quality, obsolescence, unavailability, error or uselessness of the contents or services in the Linked Sites.
3. Force majeure
Notwithstanding the foregoing, PROSEGUR shall not be held liable for any delays or faults occurring in the access, functioning and operational features of the Website, its content and/or Services, or for interruptions, suspensions or malfunctioning thereof as a result of breakdowns and faults attributable to natural catastrophes such as earthquakes, floods, lightning strikes or fires, force majeure, extreme emergency situations such as war, military operations, civil unrest, strikes, lockouts or any other fortuitous event or act of god.
Users expressly undertake to indemnify PROSEGUR, the companies in its Group, employees, administrators, agents and others affected by the damage or harm (including lawyer and barrister fees and costs) resulting from Users' failure to comply with these general terms and conditions and any particular terms and conditions that may be applicable. In this regard, Users shall likewise collaborate with PROSEGUR in the defence of its interests against any claim or legal or administrative proceedings lodged due to this failure to comply. Furthermore, Users undertake to make all reasonable efforts to prevent or, where applicable, minimise the damaging and harmful effects that may originate from this for PROSEGUR.
PROSEGUR shall not be held liable for (i) indirect or resulting damages, or (ii) business losses (including the loss of profits, income, contracts, expected savings, data, business funds or any costs unnecessarily incurred) that are directly or indirectly attributed to the User's access and use of the Website.
5. Security warning
Phishing and other fraudulent actions of identity theft and impersonation consist of third parties posing as employees or simulating an entity's identity through fraudulent use of e-mails to obtain personal data by deception.
In the relations that the User maintains or intends to maintain with PROSEGUR, the following recommendations must be taken into account:
• In any case, PROSEGUR will never ask the User for their Website access credentials by telephone or e-mail. In this respect, the User is reminded that these data are strictly confidential, and should only be used for the use/uses to which they are intended. The User is the sole party liable for assigning its confidential data to third parties.
• Nor will PROSEGUR ask the User for a copy of their national identity document (DNI, NIE, passport), or any data related to their bank accounts or positions by telephone or email. The User should therefore be wary if they do not already and directly know the person requesting this information on behalf of PROSEGUR.
• Users must not access the Website/App through a link, e-mail or website that they do not fully trust. Instead, we recommend directly typing the address into the browser.
The User is responsible for the custody, diligent use and maintenance of the confidentiality of passwords, access keys or encryption and coding systems of acquired and/or installed equipment.
The User agrees to assume liability for all activities performed from his/her account and/or using his/her password.
7. Partially nullity
Any clause in the Legal Notice declared to be invalid, void or ineffective for any reason, shall be understood to be excluded without affecting the validity and enforceability of the remaining conditions.
The absence of any immediate action by PROSEGUR to enforces any of its corresponding rights in response to the failure of Users to comply with the present Terms and Conditions shall not be construed as a waiver by PROSEGUR of the right to make use thereof at any other time in the future.
9. Competency and Jurisdiction
The Legal Notice of this Website shall be governed by the laws and legislation of the kingdom of Spain.
PROSEGUR and the Users expressly waive any other jurisdiction or forum that may correspond to them and formally submit to the binding decisions of the Courts of Madrid for any controversy that may arise concerning the interpretation or observance of the Legal Notice governing this Website.