Legal Notice: Tokenized Green S.L (hereinafter the Owner), and address at Calle La Puebla 1, 1st “Module 6", 09004, is the owner of the Website accessible through the URL https://www.tokenizedgreen.es/ the Platform or the Website, without distinction.
For any questions, doubts or suggestions regarding Tokenized Green, you can contact us at the following email address: contacto@tokenizedgreen.es.
Next, we proceed to show the conditions that, in general, regulate access to the Owner's website, both of the services and functionalities offered there, without prejudice to the application of other conditions other than the contracting of goods or services or their modification. Regular reading and review is recommended as there may be changes in the legal texts.
General Terms of Use
1. Identification of the parties.
These General Conditions of Use are signed, on the one hand, by the Owner and on the other, by you, as a natural or legal person who voluntarily accesses the Website freely and free of charge. These conditions will apply regardless of the subscription to the participatory financing services offered on the Platform.
2. Purpose of the Web Site
Tokenized Green is a real estate investment platform that makes different investment opportunities available to investors, to allow them to participate in them through the acquisition of shares represented in the form of a token, such as participation in a participatory loan.
3. User Obligations
As a User, by merely accessing and browsing the Website, you must: Use the Website diligently, correctly and lawfully, always with respect for current legislation, morals and good customs, as well as public order. Periodically review these Terms, or any others that may be applicable, for any modifications that may occur. Review the communications that Tokenized Green sends to you, as they may contain important information. Do not use the Website for commercial purposes, especially to collect information or content for the purpose of providing services that clearly constitute a competence for Tokenized Green. Do not modify or attempt to modify in any way, or perform actions or use means aimed at simulating the appearance or functions of the Website. Do not damage, disable, overload or hinder the service (or the network or networks connected to the service), or interfere with its use and enjoyment. Refrain from carrying out any action that involves the introduction of computer viruses, worms, trojans or any other type of malicious code intended to interrupt, destroy or limit the functionality of the Website. Do not use reverse engineering techniques and/or decrypt, decompile or use any other system intended to know the source code of Tokenized Green. In any case, do not perform any type of act that could violate the rights or interests of the Owner or third parties, such as, for example, intellectual or industrial property rights (patents, trademarks, copyright rights, trade secrets).
4. Availability of the Website
The Owner seeks to improve and expand Tokenized Green, as well as its content and the services offered therein. Nevertheless, the Website will be displayed as it is at all times, subject to availability, limitations and other concurrent circumstances.
5. Special Registration Conditions
These Special Registration Conditions are signed, on the one hand, by Tokenized Green, and on the other, by the User who has completed the corresponding form to create an account as an Investor and the steps indicated on the Website to carry out the registration; together with the acceptance of these Particular Conditions.
5.1. Requirements and procedure for creating an “Investor” account
Individuals of legal age may create an account on the Website in accordance with the provisions of Spanish legislation; in their own name or on behalf of a legal entity. In the latter case, it will therefore be necessary for the natural person to have the legal representation of the legal person or company in question (through a power of attorney or other documents). The User must access the “Register” option at the top right of the website and then click on “Create it” to fill in the username and password and click “Submit”. You must complete all the steps indicated, including reading the information related to the Privacy Policy and the rest of the Basic Information for the Investor Client. Tokenized Green will confirm to the User their registration on the Website, by sending a welcome communication, at which point they become a Registered User. If the Registered User does not remember their password, they must click on “Recover Password”, and enter the email address through which they registered, to be reset. The Owner reserves the right to check
check and verify the identity of the User at any time. Failure to comply with the requirements set out in this section or deception as to identity, empowers the Owner to cancel such User at any time, exempting the Owner from any type of responsibility for such action. These Terms only apply to the use of the Website and the initial generic registration as an Investor User.
5.2. Obligations of the Registered Investor User
The Registered Investor User has the following obligations: Not to register with several User accounts on the Website, nor to do so with false data or impersonating third parties. You are responsible for providing your real data. Do not use or attempt to use another User's account, without authorization or consent. Be solely responsible for all activities that take place from your personal Tokenized Green account. Take care of the confidentiality of your access data, since you will be responsible for any damage suffered or suffered by third parties for breaching these Terms. You are also responsible for what happens to your personal account unless its security has been compromised for other reasons. Specifically, you'll need to: Keep your account up to date. Store the chosen password confidentially. Be the only User using the created account. Do not trade, sell, or transfer your account to a third party. Tokenized Green reserves the right to verify the Investor User's profile, and may delete or suspend the account in the event of a breach of these legal texts or any other applicable laws.
7. Exclusion of liability
7.1. Availability
Tokenized Green works to ensure that the services and functionalities of the Website are always available. However, when you access it, it will be shown to you according to availability and the limitations that apply at any given time.
7.2. Tokenized Green's Scope of Control
Despite the Owner's continuous effort to protect the systems and content included in the Website, for which purpose it uses security and regulatory compliance standards, it is not possible to offer full guarantees in relation to intrusions or loss of information that may occur. In the same way, the absence of viruses or other harmful elements cannot be guaranteed on the Website or on third-party websites that may cause alterations to the User's computer system, both software and hardware. For this reason, the User assumes and understands that there are situations that may escape the control of Tokenized Green
7.3. Responsibility for links to third parties
The Platform may include links to pages or sites of third parties other than the Owner, for which it assumes no responsibility by not approving or reviewing their functions and contents. The User who accesses any link published on the Website does so at their own risk and risk, without the Owner assuming any responsibility for it.
7.4. Responsibility for misuse of the Website
In the same way, the Website is exempt from any liability arising from its misuse by Users, as well as for the breach of the obligations or commitments assumed under these conditions or any other applicable one.
8. Intellectual and industrial property rights
All intellectual and industrial property rights to the Website and its contents, including programming, design, applications, graphics, codes, text or images, brands, trade names, distinctive signs and other elements present therein belong exclusively to the Owner, including the Tokenized Green brand, or has sufficient rights and/or authorizations for their exploitation. As a result of the foregoing, any reproduction, distribution, public communication (including making available), transformation or any other form of exploitation, not even citing the sources, is prohibited, unless there is the prior, express and written consent of the Owner or the exclusive owner of the rights concerned. If you detect any violation, please let us know at the email address indicated in the header.
9. Indemnity
9.1. Sanction
The Owner may sanction any of the Users who fail to comply with the conditions that apply to them, with the impossibility of accessing, temporarily or indefinitely, the Website. The length of the sanction will depend on the type of offence committed. Under no circumstances will the restriction of access entail a right to compensation.
9.2. Damage, Injury, Loss or Cost
Any type of damage, loss or cost (including attorney and/or attorney fees) resulting from a breach by the User of these Terms or any other conditions that may be applicable, incurred by Tokenized Green must be compensated by the User who caused it. This includes any third-party claims arising from such breaches.
10. Amendments
These Conditions may be modified and/or updated at any time without prior notice. The modifications made will take effect as soon as they are published on the Website, whatever the means and form used for this purpose. The modification will only affect Users who have accepted them after said modification.
11 Other issues
11.1. Safeguarding and interpretation
If the competent Authority declares any of these provisions to be illegal, invalid or unenforceable, this will mean that they must be interpreted as closely as possible to the original intention of that provision. In any case, such a statement with respect to one or more clauses will not affect the validity of the remaining clauses. The Owner's failure to strictly comply with any of the terms of these Conditions does not constitute or can be interpreted in any case as a waiver on their part to demand it in the future.
11.2. Language
The language applicable to these Terms is Spanish. If versions in other languages such as English are provided, it will only be for mere courtesy and greater convenience for the User. In case of contradiction, the Spanish version will prevail.
1.3. Legislation and jurisdiction
The relations between the Owner and the User will be governed by Spanish legislation and any discrepancies or conflicts surrounding these Conditions will depend on whether the user is a consumer and/or user in accordance with applicable regulations. As a consumer and/or user, the disputes will be submitted to the Courts and Tribunals of the User's home. If you do not have such a condition, conflicts will be determined in the Courts and Tribunals of Burgos. These General Conditions are governed by Spanish law. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Act. We also remind you that you can access the European Union's online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
