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TERMS
AND CONDITIONS
These
website www.santanderglobalconfirming.com ((from now, “Website”)
operated by BANCO SANTANDER, S.A. (from now “Banco Santander”
or “Group”), society registered at Banco de España
with the number 0049, with registered office in Santander, Paseo de
Pereda, 9-12 and tax identification number A-39000013.
DEFINITIONS
In
this document, the following terms should be interpreted as:
User:
those legal or natural persons, on their condition of individual
entrepreneurs who have signed with Banco Santander a
client contract or a supplier agreement,
that contains specifically the possibility to consult and manage
those services through the on-line platform of the Group, on their
condition of clients or suppliers.
Platform:
set of media available for the Users of Banco Santander which allows
them to access to the services of factoring and/or confirming
according to the terms and conditions agreed with Banco Santander or
its branch offices. Through this Platform, Users can check
information about services, assets and executed orders, as well as
process all them.
2.-
AIM OF THE WEBSITE
2.1.-
Through this website, Banco Santander makes available for its
clients
and its suppliers
(from now “User” or “Users”), who have signed
an agreement for
the provision of services of factoring and/or confirming,
a Platform which may allow them to access to different functions of
the mentioned services, according to their profile, which could be
the client or its supplier.
2.2.
- Thus, those Users who have been set up as clients on the Platform,
when accessing to it they would be able to access as well to this
functions:
Consultative
– Users with a consultative profile would be able to make all
kind of consults about remittances sent (invoices, suppliers, debits
on their account at due date, ask for copies of the payments and
they would have the possibility to download on a file some
information).
2.3.-
On their behalf, those Users set up as Suppliers , they would be able
to access to the next functions:
Consultative
- Users with a consultative profile would be able to make all kinds
of request about invoices, payment documents, discounts, etc.
Transactional
– Users
with a transactional profile would be able perform the same
operations than Users with consultative profiles and other
operations such as
requests for discounting of invoices, choosing those he/she would
like to discount, they would be informed about commissions, interest
rate and net amount of his/her debit account, choosing from all
accounts activated, accept general terms of discounting and sign the
application.
2.4.
- However, any activity, action or operation through the Platform
should be done according to the terms and conditions of the client
contract or supplier contract (both according to the web conditions),
agreed with Banco
Santander.
According
to this, it is an essential requirement to access the Platform, that
the Users have already signed a client or supplier contract (both
together with web conditions) with Banco Santander. At that time they
would be provided with a user name and password to access the user
account through the website www.santanderglobalconfirming.com
accepting these terms and conditions to have their account properly
activated.
3.-
USER ACCOUNT
3.1.-
To access the Platform, after signing the
client contract or supplier contract (both together with web
conditions)
with Banco Santander, User could Access to this website and read and
accept these terms and conditions.
After
accepting these terms and conditions, the user account will be
activated, being the User able to do all the consultations and
operations according to the provision of services contract agreed
with Banco Santander.
3.2.
- As stated above, Banco Santander would assign the User with the
first ID to access, which would be an username and a password, so
he/she could access his/her account on the Platform. On
the first access, once accepted these terms and conditions, the User
would modify the password given by Banco Santander.
The User should review that the information provided to Banco
Santander is correct and, if not, correct all those wrong or
erroneous information or data to assure that all data and the
registration has been properly completed.
3.3.-
The User should ensure, under his/her own responsibility, to keep
confidentially of his/her user name and password and would be liable
of any damages incurred by the Group because of an improper use of
the Platform due to any disclose to third parties.
4.-
USE OF THE SERVICES
4.1.-
The User undertakes to use the user account according to these terms
and conditions and according to the service provision contract agreed
with Banco Santander.
4.2.
- The User hereby undertakes the responsibility for Banco Santander
and, if so, for third parties in case of contravene or disobey the
above undertakings and/or, in any case, (included the introduction or
spread of computer viruses) damage, disability, overcharge or prevent
from the normal use of the Platform, the information systems or
documents, files and all content stored in any computer (hacking) of
Banco Santander, its members or any other user. Without limitation
title, and in any case exclusive, the User commits to:
Keep
confidentiality and in secret his/her ID and password in order to
avoid non-authorized access.
Check
periodically the personal area where identification data is stored
and where the user can process all allowance access and actions
through the Platform, in order to keep update authorization and
access.
Provide
true and update information about his/her identification data and
inform any modification to Banco Santander.
Not
introduce or dissemintate on the net data program (virus or harmful
software) susceptible to damage on the computer system of the Access
supplier, its supplier or third parties users on the Internet.
No
introduce or spread any false information and content, inexact that
could lead to any mistake to the receptor of the information.
Not
to impersonate other users of the Platform.
No
spread, transmit or disclosure to third parties any kind of
information, element or content that may lead to violation of
intellectual and industrial rights, patents, brands or copyright
belonging to the owner of www.santanderglobalconfirming.com
the platform or the services.
No
spread, transmit or disclosure to third parties any kind of
information, element or content that may lead to a violation of
secrets of communications and law about personal data protection.
5.-
INTELLECTUAL PROPERTY RIGHTS
5.1.-
All contents on these websites, like texts, graphics, pictures,
logos, icons, images, as well as graphic design, the platform and
software are exclusive property of Banco Santander and they are all
subject to intellectual and industrial rights protected by
international law.
5.2.-
It remains forbidden their utilization, play or modification,
distribution, spread or manipulation as well as any other use that
may exceed the normal utilization and needed to visit webpages and
use services offered on them.
5.3.-
The User may download contents, copy or print any page on this
website or use the Platform, but only and exclusively, in the
necessary way for the provision of services agreed.
5.4.-
The User agrees to indemnity Banco Santander against any reclamation,
judicial or extrajudicial, from third parties based on violation of
industrial, intellectual or image property rights according to the
present clause.
6.-
DATA PROTECTION
6.1.
- Users is informed that all personal data from natural persons
provided while accessing the platform or, in the future, as a
consequence of accessing and using the platform, would be included to
a personal data file own by Banco Santander, S.A., with the purpose
of allowing access and use of the platform according to the terms
agreed with the User, as well as process and control the contractual
relationship with the User.
6.2.-
Users may exercise their rights to access, oppose, rectify, and/or
cancel by written request sent to Banco Santander, S.A, by post to
the address that appears or by email to: confirmingadministration@gruposantander.com.
Additionally, the users may modify their persona data at any moment
just acceding to the user area of their account on the platform.
7.-
RESPONSABILITY
7.1.-
Present terms and conditions regulate the Access to the website
www.santanderglobalconfirming.com, as
well as making the platform available by Banco Santander for users,
duly registered and with all permissions and authorization to Access
the platform and use of it.
7.2.-
Notwithstanding, services provision of factoring/confirming will be
governed by terms and conditions that Users have agreed with Banco
Santander according to applicable law for them
Under
no circumstances, Banco Santander S.A., under its condition of owner
of the website www.santanderglobalconfirming.com
, would be liable of any actions, omissions, mistakes or damages
caused providing these services. Whatever responsibility caused by
then will be governed by the services provision contract agreed
between the User and the branch office of the Group who applies.
7.3.-Banco
Santander will provide the User Platform according with the
the corresponding client contract or supplier.
However, Banco Santander does not guarantee access permanently to the
platform so Banco Santander could interrupt access and use of it,
when necessary to carry out technical improvements or maintenance,
not being responsible for any damages that this circumstances may
cause to the User. In any case, Banco Santander will not be liable
for any errors or, interruptions of the Platform for reasons
attributable to third parties as communications operators, service
provider access to the Internet.
7.4.
- Banco Santander hereby declines all liability for any damages
caused by abnormal use of the content on this web site and reserves
the right to update, restrict, suspend, cancel or prevent the Access
to them temporary or definitely without any prior notice.
7.5.
- Banco Santander declines all liability for any information on third
parties websites and, therefore, that information that is not made by
Banco Santander or its subsidiaries, connected by hyperlinks with
Banco Santander websites. All use of hyperlinks or access to any
other website, is done voluntarily and sole risk of the user. Banco
Santander is not responsible for any information obtained by or
through a hyperlink, for any loss, claim or damage arising from the
use or misuse of a hyperlink.
7.6.
- Banco Santander will not be responsible for any loss, theft or
misuse of private keys or passwords or misuse made of them by the
user or third parties from appropriating them in bad faith.
7.7.
- Banco Santander will not be responsible for any security errors
that may occur through the use of computers infected with computer
viruses or the consequences of malfunction of the browser or outdated
versions thereof, operational failures or interruptions computers
service or transmission, failures or overload on the line or
overloads in the data Processing Centre in the Internet system or
other electronic systems.
8.-
MODIFYCATIONS
Banco
Santander keeps the right to modify the presentation or settings of
the Platform and these terms and conditions. For that, it would be
enough including those modifications on the text of terms and
conditions and/or on the website, in order that the access by the
user to the platform and the use of it would be considered as an
acceptation, expressly, full and without any reservation, of the
whole content of that modifications.
9.-
LAW APPLICABLE
9.1.-
Banco Santander and the User agree specifically that the present
terms and conditions to Access and use of the Website and the
Platform will be governed by Spanish law, notwithstanding the
applicable law to services provision of factoring/confirming will be
governed by the applicable law according with the services provision
contract agreed with the branch office of Banco Santander.
9.2.
- Banco Santander and the User, to any dispute that may arise
according to the compliance, execution and/or interpretation of these
terms and conditions, will be Heard by the Courts and Tribunals of
the city of Madrid, and the parties hereby expressly relinquish their
right to any other jurisdiction.
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