Legal Notice
CITYPRIVE P.F.P., SL, (hereinafter the Holder) with NIF B88317003, and registered office in Madrid, Calle de Goya No. 15, 1st Floor, 28001, entered in the Commercial Registry of Madrid in volume 39,191, folio 63, Section 8, page M-696,208, is the owner of the Website accessible through the URL https://www.wecity.com/ (hereinafter wecity, the Platform or the Website, indistinctly).
wecity is duly authorised and registered in the Official Registry of Participatory Financing Platforms of the Spanish National Securities Market Commission (CNMV), with registration number 30.
The Holder has appointed as its audit team: GIMENO AUDITORES, S.L.P. with registered office at Calle Doce de Octubre 5, 28009 Madrid, CIF B-85592343 entered in the Commercial Registry of Madrid and registered in the Official Registry of Accounting Editors (ROAC) under number S1959.
For any queries, doubts or suggestions regarding wecity, you can contact us at the following e-mail address: info@wecity.com or by telephone on +34 656 890 294
The following are the conditions that generally regulate access to the Holder’s website, both the services and functions offered therein, without prejudice to other conditions that may apply to the contracting of goods or services or their amendment. We recommend you to periodically read and review them, as there may be modifications to the legal specifications.
General Terms of Use
1. Identification of the parties
These General Terms of Use are undersigned, on the one hand, by the Holder and, on the other hand, by you, as a natural person or legal entity User who voluntarily accesses the Website, freely and free of charge. These terms and conditions shall apply regardless of the subscription to the crowdfunding services offered in the Platform.
2. Purpose of the Website
wecity is an online crowdfunding platform that allows users (Developers) to initiate contact with the Website Holder in order to publish their project on the Website while providing them with a portfolio of other users (Investors) to secure their funding.
3. User Obligations
As a User, upon merely accessing and browsing through the Website, you shall:
a. Use the Website in a diligent, correct and lawful manner, always respecting current legislation, morality and good customs, as well as public order.
b. Periodically review these Terms of Use, or any other conditions that may be applicable, checking for any modifications that may occur.
c. Review the communications that wecity sends you, as they may contain important information.
d. Not use the Website for commercial purposes, especially to gather information or contents with the aim of providing services that clearly constitute competition for wecity.
e. Not modify or attempt to modify in any way, nor take any action or use any means intended to simulate the appearance or functions of the Website.
f. Not damage, disable, overload or hinder the service (or the network or networks connected to the service), or interfere with its use and benefit.
g. Refrain from taking any action that involves the introduction of computer viruses, worms, trojans or any other kind of malicious code designed to interrupt, destroy or limit the functionality of the Website.
h. Not use reverse engineering techniques and/or decrypt, decompile or use any other system aimed at discovering wecity’s source code.
i. Not carry out, under any circumstances, any type of act that may violate the rights or interests of the Holder or third parties, such as, for example, intellectual or industrial property rights (patents, trademarks, copyrights, business secrets, etc.).
4. Availability of the Website
The Holder seeks to improve and expand wecity, as well as its content and the services offered therein. Nonetheless, the Website will be displayed as it is at any given time, depending on availability, limitations and other circumstances.
5. Specific Terms and Conditions for Registration
These Specific Registration Conditions are undersigned, on the one hand, by wecity, and on the other hand, by the User who has completed the corresponding form to create an account as an Investor as well as the steps indicated on the Website to sign up; together with the acceptance of these Specific Conditions.
5.1. Requirements and procedure when creating an “Investor” account
An account may be created on the Website by natural individuals of legal age in accordance with the provisions of Spanish law; in their own name or on behalf of a legal entity. In the latter case, therefore, the natural person must be the legal representative of the legal entity or company concerned (by means of a power of attorney or other documents).
The User must access the ” Client Access” option on the upper right-hand side of the website and then click on “Create an account” and then click on the “Start” section, where he/she must provide his/her name, e-mail address and password. The User must complete all the aforementioned steps, including reading the information relating the Privacy Policy and all other Basic Information for the Investing Client. wecity will confirm the User’s registration on the Website by sending a welcome message, at which point he/she will become a Registered User.
If a Registered User does not remember his/her password, he/she must click on “I have forgotten my password” and enter the e-mail address used to register in order to reset it.
The Holder keeps the right to check and verify the identity of the User at any time. Failure to comply with the requirements set out in this section or deception regarding identity, entitles the Holder to cancel the User’s account at any time, exempting the Holder from any liability of any kind for such action.
These Terms and Conditions apply only to the use of the Website and the initial general registration as an Investor User. For further information on the registration process and verification of Investors, please refer to the General Conditions applicable to Participatory Financing Services and the Basic Information for the Investing Client.
5.2. Obligations of the Registered Investor User
A Registered Investor User has the following obligations:
a. Not to register with several User accounts on the Website, nor with false data or by impersonating a third party. You are liable for providing your real data.
b. Not to use or attempt to use the account of another User without his/her authorisation or consent.
c. To be solely responsible for all activities carried out from his/her personal account on wecity.
d. To protect the confidentiality of the access data, as the User will be responsible for any damage that third parties may suffer as a result of any breach of these Terms and Conditions. You are also responsible for what happens in your personal account unless its security has been compromised for reasons beyond your control. In particular, you shall:
I. Keep your account up to date.
II. Keep your selected password confidential.
III. Be the only User accessing the created account.
IV. Not to offer, sell or transfer the account to a third party.
d. wecity has the right to verify the profile of the Investor User, and may delete or suspend the account in the event of non-compliance with these legal texts or any other applicable provisions.
5.3. Requirements and procedure when creating an “Developer” account
In order to create a Developer account in wecity, it is essential to be a legal entity (stock corporation or limited company), in accordance with the provisions of Spanish legislation.
In order to register in the System, the Developer must click on the registration button on the Website and choose the option “Register as a Developer”, including the data and information required in the form.
Registration must be completed using your email address and password and after reading and accepting all information relating the Privacy Policy and any other applicable legal provisions. Once registered, a Developer Profile will be generated for you with your own unique ID. wecity will confirm your registration on the Website by sending you a welcome message, at which point you will become a Registered Developer User.
If a Registered User does not remember his/her password, he/she must click on “I have forgotten my password” and enter the e-mail address used to register in order to reset it.
The Holder keeps the right to check and verify the identity of the User at any time. Failure to comply with the requirements set out in this section or deception regarding identity, entitles the Holder to cancel the User’s account at any time, exempting the Holder from any liability of any kind for such action.
These Terms and Conditions apply only to the use of the Website and the initial general registration as an Developer User. For further information and conditions for the Project handling and verification process, please refer to the General Conditions applicable to Participatory Financing Services and the Basic Information for the Developer Client.
5.4. Obligations of the Registered Developer User
A Registered Developer User has the following obligations:
a. Not to register with several Developer User accounts on the Website, nor with false data or by impersonating a third party. You are liable for providing your real data.
b. Not to use or attempt to use the account of another User without his/her authorisation or consent.
c. To be solely responsible for all activities carried out from his/her personal account on wecity.
d. Not to simultaneously publish more than one Project with that Developer User account on wecity and to refrain from creating or registering different accounts in order to avoid the application of this legal limitation.
e. To protect the confidentiality of the access data, as the User will be responsible for any damage that third parties may suffer as a result of any breach of these Terms and Conditions. You are also responsible for what happens in your personal account unless its security has been compromised for reasons beyond your control. In particular, you shall:
I. Keep your account up to date.
II. Keep your selected password confidential.
III. Be the only User accessing the created account.
IV. Not to offer, sell or transfer the account to a third party.
f. wecity has the right to verify the profile of the Investor User, and may delete or suspend the account in the event of non-compliance with these legal texts or any other applicable provisions.
6. Exclusion of liability
6.1. Availability
wecity works to ensure that the services and functions on the Web Site are always available. However, when you access it, it will be shown to you based on the availability and limitations that apply at any given time.
6.2. Scope of wecity’s control
Despite the Holder’s continuous effort to protect the systems and contents included on the Website, to which end it applies the security standards and regulatory compliance inherent to Participatory Financing Platforms, it is not possible to offer full guarantees in relation to any intrusions or loss of information that may occur. Likewise, the absence of viruses or other harmful elements on the Website or on third-party websites that may cause alterations to the User’s computer system, both software and hardware, cannot be guaranteed. Therefore, the User assumes and understands that there are situations that may be beyond wecity’s control.
6.3. Liability for third party links
The Platform may include links to third party pages or sites not belonging to the Holder, for which it assumes no responsibility whatsoever as it does not approve or review their functions and contents. Users who access any link published on the Website do so at their own risk, without the Holder assuming any responsibility for it.
6.4. Liability for misuse of the Website
Equally, the Website is exempt from any responsibility derived from the misuse by the Users, as well as for the non-fulfilment of the obligations or commitments assumed by virtue of these conditions or any other applicable ones.
7. Intellectual and Industrial property rights
All intellectual and industrial property rights over the Website and its contents, including the programming, design, applications, graphics, codes, text or images, trademarks, trade names, distinctive signs and other elements present therein belong exclusively to the Holder, including wecity brand, or it holds sufficient rights and/or authorisations for their exploitation.
As a consequence of the above, any reproduction, distribution, public communication (including offering access), transformation or any other form of exploitation, even when quoting the sources, is prohibited, except with the prior, express and written consent of the Holder or of the exclusive owner of the rights affected.
Should you detect any infringement, please contact us at the e-mail address indicated at the top of this page.
8. Damages
8.1. Penalty
The Holder may sanction any User who breaches the applicable conditions, with the impossibility of accessing, temporarily or indefinitely to the Website. The duration of the sanction will depend on the type of infringement committed. The restriction of access shall in no case entail the right to any compensation.
8.2. Damage, harm, loss or cost
Any type of damage, harm, loss or cost (including lawyers’ and/or attorneys’ fees) arising from a breach by the User of these Conditions or any other applicable terms incurred by wecity must be compensated by the User who caused it. This includes any third party claims arising from such breaches.
9. Amendments
These Conditions may be modified and/or updated at any time without prior notice. The modifications made shall come into force as soon as they are published on the Website, regardless of the means and form used for this purpose.
Modifications shall only affect Users who have accepted them after such amendment.
10. Other issues
10.1. Safeguarding and interpretation
If the relevant Authority declares any of these provisions to be illegal, invalid or unenforceable, this shall mean that such provision shall be interpreted as closely as possible to its original intention. In any event, such a determination in respect of any provision or provisions shall not prejudice the validity of the remaining provisions.
Failure by the Holder to require strict compliance with any of the provisions of these Terms and Conditions shall not constitute or be understood in any way as a waiver by the Holder of its right to require such compliance in the future.
10.2. Language
The language applicable to these Terms and Conditions is Spanish. If versions in other languages, such as English, are provided, it will only be as a mere courtesy and for the User’s convenience. In the event of any inconsistency, the Spanish version shall prevail.
10.3. Legislation and jurisdiction
The relationship between the Holder and the User shall be governed by Spanish law and any discrepancies or disputes regarding these Terms and Conditions shall depend on whether, in accordance with the applicable regulations, the User has the status of a consumer and/or user.
Where considered a consumer and/or user, disputes shall be heard by the Courts and Tribunals of the User’s registered address. Should the User not hold such status, disputes shall be ruled by the Courts and Tribunals of Madrid.
10.4. Confianza Online
Our company is a member of Confianza Online (a non-profit association), registered in the National Registry of Associations, Group 1, Section 1, national number 594400, CIF G85804011, Calle la Palma 59, Bajo A., 28015 Madrid (Spain), telephone (+34) 91 309 13 47 and fax (+34) 91 402 83 39 (www.confianzaonline.es).
These General Terms and Conditions are governed by Spanish law. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Act, we inform consumers that, as a member entity and under the terms of the Code of Ethics, users may contact Confianza Online for the alternative resolution of any disputes. (https://www.confianzaonline.es/consumidores/como-reclamar/formulario-reclamaciones/). If the complaints concern electronic transactions with consumers, or data protection when related to this area, the complaints shall be resolved by the Mediation Committee of Confianza Online, accredited for the alternative resolution of consumer disputes. If the complaints concern digital advertising, or data protection related to this area, they will be submitted to AUTOCONTROL’s Complaints Committee (Jurado de la Publicidad).
We also remind you that you can access the European Union’s online dispute resolution platform clicking on this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
