Legal Notice and General Conditions of Use of the Service

[DATE OF PUBLICATION: January 11, 2022 /LAST AMENDMENT: January 11, 2022]

 

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
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.

 

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 SERVICE.

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. 

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 SERVICE.

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.

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”). 

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.  

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). 

Refusal of Shipment and Complaints. SENDITY warns the User that in the event of transferring money via the Website and/or Application, SENDITY will reject requests that do not contain all the required data, and that SENDITY reserves the right to reject money transfers suspected of any illicit or fraudulent activity in the opinion of SENDITY. 

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.

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 unauthorised 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:

  • Unauthorised 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 authorised 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 authorised 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.

The User acknowledges and accepts that all intellectual and industrial property rights over the Content and/or any other elements inserted in the Application and/or Website (including, without limitation, trademarks, logos, commercial names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, audio and video) belong to SENDITY or to the money transfer companies present in the SENDITY Application and/or on the SENDITY Website.

SENDITY authorises 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 authorisation of SENDITY or the transferring companies present in the Application and/or on the SENDITY Website. 

10. 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.

11. 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.

12. 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

13. 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.

14. 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.

15. 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.

16. 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.
 

Sendity operates under license from RevoluPAY EP S.L.U. RevoluPAY EP is it Authorized Payment Entity, supervised by the Banco de España and registered in the Registry of Entities with license number 6900.

COOKIES POLICY