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Legal Notice and General Conditions of Use of the Service

[DATE OF PUBLICATION: January 11th, 2022 /LAST AMENDMENT: September 20th, 2023]

 

1. IDENTITY AND GENERAL INFORMATION.

“Gelt Cash Transfer, S.L.U.”, a Spanish company with registered offices in Madrid, at calle Pajaritos, 24, holder of tax identification number B-88506191, registered in the Companies Register of Madrid in Volume 39747, Page 128, 1st inscription, Sheet M-706244 (hereinafter, “SENDITY”). SENDITY is the brand under which the company, owner and administrator of the web domain www.sendity.com (hereinafter, the “Website”) and the mobile application “SENDITY” (hereinafter, the “Application”) operates. You can also contact SENDITY at the following email address hola@sendity.com

 

“RevoluPAY EP S.L.U.”, is a payment entity authorized and supervised by the Bank of Spain and registered in the registry of entities with entity number 6900, belonging to the parent company RevoluGROUP Canada Inc, domiciled at C/ Vallespir, 19, 1º, Sant Cugat del Vallès. Barcelona (Spain), with CIF number: B-67233817, is the entity that owns the software that provides the money transfer service provided to you and the licensing entity under which the payment service www.sendity.com operates. You can contact RevoluPAY at the email address: contact@revolupay.es.

These General Conditions of Use of the Service (hereinafter, the “General Conditions of Use” or “General Conditions”) regulate the use of the services provided by the Application and the Website, either under its current name or under any other name under which it may appear in the future.

You can access the legal bases of Sendity Promotions at this link.

 

2. USERS.

The Service provided by the Application and the Website of SENDITY is intended exclusively for users of legal age. Before registering as a SENDITY User, the User must accept these General Conditions of Use. In any case, by accessing and using this Application and Website, the User acknowledges that he/she has read and accepted these General Conditions of Use and agrees to comply with all terms and conditions. Furthermore, the User acknowledges and accepts that access to and use of this Application and/or Website shall be subject to the General Conditions of Use in force at the time of accessing the same. Furthermore, in order to use the Service and/or register and become a User of SENDITY services, the User must have previously read and accepted the SENDITY Privacy Policy and have given their free, informed and active consent for SENDITY to collect, store and process their personal data.

 

3. AMENDMENT OF THE CONDITIONS OF THE SERVICE.

SENDITY reserves the right to modify these General Conditions of Use at any time, as well as any other general or specific conditions that may be applicable. This change will be notified to registered Users and will be updated in the General Conditions of Use of the Service and the Website. Likewise, SENDITY reserves the right to suspend, interrupt or cease operating the Application and/or the Website at any time.

 

4. THE MONEY TRANSFER SERVICE.

1. Operation: SENDITY is a money transfer service provider. Through the Application or the Website, SENDITY provides the User with a money transfer service. Hereinafter, the “Service”. 

Users can use SENDITY by accessing it through a browser at www.sendity.com or by downloading the Application available on Android and iOS. 

2. Access to the Service: Access to the Application and/or the Website is limited to persons over 18 years of age. In general, the User may access the Application and/or the Website freely and free of charge. The User acknowledges and accepts that access to and use of the Application and/or Website takes place freely and consciously, under his/her sole responsibility. SENDITY shall in no case be responsible for the use that the User and/or third parties may make of the Application and/or Website or for any damages that may derive from the same.

 

5. USE OF THE MONEY TRANSFER SERVICE.

1. Appropriate and lawful use. The User undertakes to make appropriate and lawful use of the Application and/or Website in accordance with the applicable legislation, these General Conditions of Use, generally accepted morals and good customs and public order.

2. Use of the Application or the Website. The User must register in the Application or on the Website in order to use the Service provided by SENDITY. 

To make a money transfer through the Website or the Application, Users will need to enter the following details:
Issuer data:

  • Name and surname
  • E-mail address
  • Mobile phone number
  • Address
  • Employment position
  • Payment information:
    • Card number
    • Name of the card holder
    • Expiry date
    • Card security code
  • Agree to the terms and conditions of service
  • Photograph of the front and back of the identity card

Receiver's data (receipt of money in bank account):

  • Name and surname
  • E-mail address (non-mandatory)
  • Phone number (non-mandatory)
  • Bank account number
  • Swift code of the account
  • Identity card number (Spanish ID or Foreigners ID)

Receiver's data (receipt of the money at an official collection point):

  • Name and surname
  • E-mail address (non-mandatory)
  • Phone number (non-mandatory)
  • Bank account number
  • Swift code of the account
  • Identity card number (Spanish ID or Foreigners ID)
  • City
  • Postal code
  • Collection point (from a list of available ones)
  • Payment information:
    • Card number
    • Name of the card holder
    • Expiry date
    • Card security code

The payment information detailed above will not be collected at any time by SENDITY, but will be entered by the User in the payment gateway provided by RevoluPAY. EP SLU, (hereinafter “RevoluPAY”). 

3. Cost of the Service. The fees established by SENDITY for transferring money via the Website and/or the Application may vary periodically or from time to time, and the cost will be indicated to the User before the transaction is carried out.  

4. Secure payment. In case the User transfers money on the Application or on the Website, the payment process is structured under the security parameters of the Payment Services entity, RevoluPAY, in accordance with the PCI DSS regulation. For the purposes of clarity, sensitive payment data (card number, cardholder's name, expiry date and card security code, will be entered by the user on the RevoluPAY payment gateway, and will never be in the possession of SENDITY). The personal data collected will only be processed and/or assigned for the expressed purpose, and always with the consent of the user or client ordering the operation.

5.- Complaint or Claim for the payment service in money transfers: The management of payment operations on this website corresponds to RevoluPAY.EP SLU with CIF B67233817 and address at Vallespir,19, 1st floor M2 of Sant Cugat del Vallés (Barcelona) 08174, company authorized to provide payment services, by the Bank of Spain. For any complaint or claim about the payment services provided, the user can contact the Customer Service through the email address: sac@revolupay.es

6.- Rejection of the money transfer: in the event of sending money through the Application / Website in which all the required data is not contained or generates signs of illegality, therefore, incomplete or fraudulent requests will be rejected or that due to their nature may be considered contrary to Law 10/2010, of April 28, on the prevention of money laundering and the financing of terrorism.

7. Registration. If the User registers with SENDITY, in the Application or on the Website, their identification data (name and surname, bank card number, etc.) and their preferences for future deliveries or remittances will be saved. The data to be transferred to SENDITY is as follows: 

  • Name and surname
  • E-mail address
  • Mobile phone number

SENDITY reserves the right to freely accept or reject the User's registration request. The data entered by the User in the Registration Form must be accurate, current and truthful at all times. In any case, in order to take advantage of the services offered by SENDITY, Users must read and accept the SENDITY Privacy Policy and give their free, informed and active consent for SENDITY to collect, store and process their data.

8. Password. Access to and use of the Application or the specific area of the Website for registered Users shall be subject to a password assigned to the User by SENDITY when completing the Registration Form and access shall be deemed to have been granted by said User, who shall be liable in all cases for such access and use. For security reasons, the password must contain 4 digits. In addition, for greater security, and in compliance with current regulations, a double verification system is used which consists of sending a code by SMS to the registered mobile device.

The registered User will be responsible at all times for the safekeeping of their password, assuming, consequently, any damages that may arise from its improper use, as well as the transfer, disclosure or loss of the same. In the event of forgetting the password or any other circumstance that entails a risk of access and/or use by unauthorised third parties, the User shall immediately notify SENDITY so that it may immediately proceed to block and replace the password. In any case, any operations carried out prior to such notification shall be deemed to have been carried out by the User, who shall be responsible for and shall pay the costs and/or damages arising from any unauthorized access and/or use carried out prior to such notification.

 

6. THIRD-PARTY CONTENT.

The Application and/or Website provides the User with access to various content, information and data provided by SENDITY in relation to the Service (hereinafter, the “Content”). SENDITY reserves the right to modify the presentation, configuration and location of the Application and/or the Website, as well as the corresponding conditions of access and use, at any time. SENDITY does not guarantee that the Content provided through the Application and/or Website is correct, complete or up to date. Third-party services offered on SENDITY are the responsibility of their providers and SENDITY cannot be held responsible for them.

 

7. DUTIES OF THE USER.

The User shall refrain from:

  • Unauthorized or fraudulent use of the Application and/or the Website.
  • Accessing or attempting to access restricted resources of the Application and/or Website.
  • Use the Application and/or Website for purposes or effects that are illicit, illegal, contrary to the provisions of these General Conditions of Use, to good faith and public order, harmful to the rights and interests of third parties, or which in any way may damage, render useless or overload or impede the normal use or enjoyment of the Application and/or Website.
  • Cause damage to the Application and/or the Website or to the systems of its suppliers or third parties.
  • Introduce or disseminate computer viruses or any other physical or logical systems that may cause damage to the systems of SENDITY, its suppliers or third parties.
  • Attempting to access, use and/or manipulate the data of SENDITY, third party providers and other users.
  • Reproduce or copy, distribute, allow access to the public through any form of public communication, transform or modify the Content, unless authorized by the owner of the corresponding rights or permitted by law.
  • Obtaining or attempting to obtain the Content by any means or process other than those which, as the case may be, have been made available for this purpose.

The User may only access the Application through authorized means. It is the responsibility of the User to ensure that he/she has downloaded the correct Application to his/her device. SENDITY shall not be liable in the event that the User does not have a compatible device or has downloaded a version of the Application that is incompatible with his/her device.

 

8. CANCELLATION OR DENIAL OF THE USER ACCOUNT.

At any time, SENDITY may cancel the account of a User who has made improper, unlawful or fraudulent use of the Application and/or the Website or has violated these General Conditions of Use. SENDITY reserves the right to withdraw or deny access to the Website, without prior notice, to users who do not comply with these General Conditions of Use or the specific conditions indicated where applicable.

 

9. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS OF THE MONEY TRANSFER.

The User acknowledges and accepts that all intellectual and industrial property rights over the contents and/or any other elements inserted in the Application and/or Website (including, without limitation, brands, logos, trade names, texts, images, graphics , designs, sounds, databases, software, flowcharts, presentation, audio and video), belong to SENDITY or RevoluPAY, as applicable.

Regarding RevoluPAY: the RevoluPAY brand, the information or elements it contains, include texts, documents, photographs, drawings, graphic representations, databases, computer programs, software, as well as logos, trademarks, trade names, or other signs distinctive, are protected by intellectual or industrial property rights, of which RevoluPAY or its Group companies are legitimate licensees and owners, who do not authorize their use or distribution beyond the intended purpose of the activity provided in the service.

SENDITY authorizes the User to use, view, print, download and store the Content and/or elements inserted in the Application and/or Website exclusively for their personal, private and non-profit use, refraining from any act of decompilation, reverse engineering, modification, disclosure or provision of the same.

Any other use or exploitation of any content and/or other elements inserted in the Application and/or Website other than those expressly provided for herein shall be subject to the prior authorization of SENDITY or the transferring companies present in the Application and/or on the SENDITY Website. 


 

10. SENDITY MOBILE TOP-UP SERVICE TERMS AND CONDITIONS

These Terms and Conditions of Use are specific to the MOBILE TOP-UP Service. SENDITY's General Terms and Conditions regulate all the provisions not contemplated in these Terms and Conditions of Use of the specific MOBILE TOP-UP Service.

For the purposes of clarity, all depositions related to the Legal Notice, Contents, Access and Use License, Duties of the User, Intellectual Property, Protection of Personal Data, Guarantees and Liability, Assignment, Notifications, Applicable Law, Third-party content, cancellation and denial of account, and other conditions and contact, for the MOBILE TOP-UP Service are regulated in the General Terms and Conditions of SENDITY and in these Terms and Conditions only the MOBILE TOP-UP Service is regulated.

Therefore, the General Terms and Conditions of SENDITY regulate everything not regulated in these Terms and Conditions of the MOBILE RECHARGES Service and in any case apply in a supplementary and/or subsidiary manner as appropriate.

 

10.1 THE MOBILE TOP-UP SERVICE

Our online mobile phone recharge service (hereinafter, the “Service” or the “Services”) allows you, the User, (hereinafter, “you” or the “user”) to recharge the mobile phone balance easily and quickly from anywhere. We offer top-ups for a wide variety of mobile phone operators around the world (you can check the updated list of operators and countries on our Website and/or mobile application). To use our service, simply select the country, mobile operator and desired top-up amount, and complete the online payment process.

By using the Service, you agree to these Terms and Conditions in their entirety. If you do not agree to any of these terms and conditions, please do not use this Service.


 

10.2 USE OF THE SERVICE

  1. You warrant and agree to use our Service solely for legal and personal purposes.
  2. You guarantee and undertake that you will not use the service to carry out fraudulent, illegal activities or activities that may damage or negatively affect our website and/or application to any other person, whether physical or legal.
  3. You are solely responsible for ensuring that the mobile phone number you are topping up is correct and valid.
  4. The service provided by SENDITY is intended exclusively for fair and legitimate use. By using our services, you agree that any decision you make based on the information provided by our website and/or application is your sole responsibility.
  5. SENDITY is not responsible for any consequences that may arise from the use of our website and / or mobile application, and the services it provides in them, such as the Service, including but not limited to financial loss, damage to property or personal injuries.
  6. SENDITY does not guarantee the accuracy, completeness or timeliness of the information provided on our website and/or mobile application, and reserves the right to modify or remove any content at any time without prior notice.
  7. You acknowledge and agree that use of our website and services is at your own risk and responsibility, and you expressly waive any claim or demand against SENDITY, its affiliates, employees or representatives for any damages or harm you may suffer as a result of your use of our website, mobile application and services.
  8. SENDITY will have no responsibility for any damages that you may cause using the Service.
  9. SENDITY will not have any type of responsibility if you, through the use of the Service, violate the current and applicable legislation in any of your orders.
     

10.3 PAYMENT AND PRICES

The price of each recharge depends on the operator and the amount selected and the final price of the selected recharge will be updated and visible at the time of contracting the Service on our Website and/or mobile application. SENDITY reserves the right to change prices at any time and without notice. Payment will be made through an online platform using the available payment methods. The payment process is secure and confidential.

The User may contract the Service using Visa and/or Mastercard cards as a means of payment (SENDITY will inform on its Website and/or mobile application if these means of payment are extended or modified or the type of cards allowed at its discretion). To minimize the risk of unauthorized access, your credit card details will be encrypted at the time of payment. Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, SENDITY is not responsible for any delay or non-delivery and we will not be able to formalize any contract with you. By clicking on "Recharge" the User is confirming that the credit card is his.

We inform you that SENDITY uses the company E-Merchant Pay (emerchantpay.com) as a payment gateway, which has its own conditions of use and legal notice, privacy and cookie preferences. EMERCHANT PAY is an external collaborator that allows you to process payments made through the Website and/or mobile application, and that at no time will you be able to know the content of your purchases, or your personal information.
 

10.4 CANCELLATION AND REFUND POLICY

Once the top-up is processed, no cancellations or returns are accepted, unless an error has occurred in the top-up process.

The User has a panel in their account where they can check the status of their recharges. In the event that the recharge does not reach the mobile phone due to an operator problem or because an invalid phone number has been selected, the recharge is canceled and the amount paid is returned automatically to the same card with which the payment was made , in no case to another card other than the one used for the failed recharge.

For incidents, rejections and claims, the User can contact SENDITY through hola@sendity.com. The customer service team is available from Monday to Friday from 8 a.m. to 2 p.m. in mainland Spain.

 

10.5 LIMITATION OF LIABILITY

In no event shall we be liable to you or to anyone else for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages, including, without limitation, lost profits, lost revenue, loss of data, or damage to reputation or trade dress, even if we have been advised of the possibility of such damages.

 

10.6 MODIFICATIONS TO THE TERMS AND CONDITIONS

SENDITY reserves the right to update or modify these terms and conditions at any time without notice. We recommend that you review these terms and conditions regularly to stay informed of any changes. If you continue to use our service after any changes to these terms and conditions, you will be deemed to have accepted those changes.

 

10.7 TERMINATION OF SERVICE

SENDITY reserves the right to suspend or terminate your access to our service at any time and without notice if you breach these terms and conditions or if we believe that your conduct may harm our website or other users.

 

11. PROTECTION OF PERSONAL DATA.

The personal data provided by the User, whether registered or not, through the Registration Form and through the use of the Application, the Website and the Service will be processed by SENDITY as the Data Controller, whose address appears in the heading of this document. SENDITY may not collect, store and process the User's personal data if the User has not first accepted the Privacy Policy and has not given his/her active consent to do so.
The personal data provided by the User to the money transfer entities accessed through SENDITY will be transferred to said money transfer entities without SENDITY having access to or intervention in said personal data as Data Controller.

If you do not accept the Privacy Policy and do not actively consent to SENDITY processing your personal data, you will not be able to use SENDITY services.

Please read our Privacy Policy and our Cookie Policy carefully to be better informed about the personal data that will be collected and processed, as well as the purposes of this processing and the rights that you, as a data subject, have and how you can exercise them if necessary.

 

12. EXCLUSION OF WARRANTIES AND LIABILITY.

Web and Application. SENDITY does not guarantee the availability and continuity of the operation of the Application and/or Website. Consequently, under no circumstances shall SENDITY be liable for any damages or losses that may arise from:

  1. the unavailability or inaccessibility of the Application and/or Website;
  2. interruption in the operation of the Application and/or the Website or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centres, the Internet system or other electronic systems, occurring in the course of its operation; and
  3. other damage that may be caused by third parties through unauthorised interference beyond the control of SENDITY.

Viruses and external elements. SENDITY does not guarantee the absence of viruses or other elements in the Application and/or Website introduced by third parties unrelated to SENDITY that may cause alterations in the User's physical or logical systems or in the electronic documents and files stored in their systems. Consequently, SENDITY shall in no case be liable for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations to the User's physical or logical systems, electronic documents or files.

Protection. SENDITY adopts various protective measures to protect the Application and/or Website and its content against computer attacks by third parties. However, SENDITY does not guarantee that unauthorised third parties will not gain unauthorised and therefore illegal and unlawful access to Users' private and confidential data. 

Legal notice. By accepting these General Conditions of Use, the User, whether registered or not, declares that he/she will hold SENDITY, its parent company, the other companies in its group, directors, partners, employees, lawyers and agents harmless against any claim arising from the:

  1. breach by the User of any provision contained in these General Conditions of Use or of any law or regulation applicable thereto,
  2. infringement or violation of the rights of third parties and
  3. failure to comply with the permitted use of the Application and/or the Website.

Intermediation. SENDITY provides the User with an intermediary service between money transferors and the User. SENDITY will not evaluate the quality, suitability, or capacity of the money transfer service offered by a third-party transferor, and User hereby waives and releases SENDITY from any obligations, claims, or damages arising as a result of the quality, suitability, or capacity of services offered by transferors. SENDITY shall not evaluate the quality, suitability, or capacity of the service offered by the transferor as a third party, and the User expressly waives and releases SENDITY from any obligations, claims or damages arising as a result of the relationship between the User and the transferor, by virtue of the use of the software or its services.

 

13. NOTIFICATIONS.

SENDITY may send the appropriate notifications by means of a general or specific notification in the Application and/or on the Website, via the email address provided by the User in the Registration Form in the case of registered Users and/or, if requested, by ordinary mail to the address provided by the User in the Registration Form. The User may notify SENDITY by sending an e-mail to the following address hola@sendity.com

 

14. ASSIGNMENT.

Users may not assign their rights and obligations arising from these General Conditions of Use without the prior written consent of SENDITY. SENDITY may assign these General Conditions of Use, without the prior consent of the User, to any entity within its group of companies, throughout the world, as well as to any person or entity that succeeds it in the exercise of its business by any title whatsoever.

 

15. SEVERABILITY.

If any of the clauses of these General Conditions of Use shall be declared wholly or partly null and void or unenforceable, this shall only affect the clause concerned or the part of the clause that is null and void or unenforceable.

 

16. APPLICABLE LAW AND JURISDICTION.

These General Conditions of Use, as well as the relationship between SENDITY and the User, shall be governed by and interpreted in accordance with Spanish law. Except for those cases in which the law imperatively establishes the jurisdiction of a specific jurisdiction, the parties agree to submit to the exclusive jurisdiction of the courts and tribunals of Madrid for the resolution of any dispute in relation to these General Conditions of Use or the relationship between them.

 

17. CONTACT.

If you have any questions or concerns regarding these General Conditions of Use or the Legal Notice, you can contact SENDITY at the following addresses and e-mail addresses. 

SENDITY “Gelt Cash Transfer S.L.U.” C/ Pajaritos, 24 – Madrid Spain, or to the following e-mail address hola@sendity.com.
 


 

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