1. Purpose and identification and contact details
The purpose of this legal document is to govern the terms and conditions of access and use (hereinafter the “Terms and Conditions of Use”) of the “ESPAI CLIENT” platform, available through the website www.espaiclient.icf.cat and the ICF app available for iOS and Android devices (hereinafter the “Platform”) run by Institut Català de Finances (hereinafter “ICF”). This allows clients of ICF and other entities which are part of the ICF Group to access the products and services which it has purchased from them, to carry out any related process or procedure through the Platform, as well as to submit any new request for these products and services.
Pursuant to article 10 of Law 34/2002 regarding Information Society Services and E-Commerce of 11 July, we have provided mandatory information below regarding ICF as the Platform service provider:
Institut Català de Finances
Tax ID number (NIF): Q5855055I
Registered office: Gran Via de les Corts Catalanes 635. 08010 Barcelona.
Telephone: (+34) 933428410
Contact email address: info@icf.cat
This Platform cannot be used to purchase any product from ICF or the other entities which make up the ICF Group. Therefore these Terms and Conditions of Use will not apply to products purchased from ICF and the other entities which make up the ICF Group. The terms and conditions agreed between the parties at the time shall apply.
Below we identify the companies that, together with the ICF, make up the ICF Group (hereinafter, the "ICF Group"):
Company | Financial Instruments for Innovative companies | Institut Català de Finances Capital SGEIC SAU |
---|---|---|
NIF | B65007494 | A65288037 |
Address | Gran Via de les Corts Catalanes, 635 – 08010 Barcelona |
2. Platform Registration
Access to and use of the Platform requires prior registration. When registering, the user accepts the Terms and Conditions of Use set forth in this document.
Access to and use of the Platform and therefore registration as a Platform user (hereinafter the “User”) is restricted to ICF Group clients who have purchased an ICF Group product at the time of their registration, or potential clients currently without a contractual relationship with the ICF Group which are interested in purchasing an ICF Group product (hereinafter the “Client”). ICF Group products are mainly aimed at companies and self-employed workers who run a business.
At the time of registration, ICF will provide the User with Platform login details, comprising a username and password. The password can be changed by the User at any time using the relevant Platform section. The instructions indicated by ICF must be followed at all times (including minimum number of characters). Both the user account and the Platform access password are personal and non-transferable. The User agrees to keep them secure and not allow third-party access. If the user becomes aware or suspects that their login details might have been used improperly by a third party, they agree to change their password through the relevant Platform section, as well as to immediately inform ICF through one of the contact methods indicated in Section 1.- Purpose and identification and contact details in these Terms and Conditions of Use. To avoid this, please remember that passwords should not be written down on paper or stored in computer files. Passwords should be changed regularly. When the password is changed, we recommend that the new password is difficult to crack. Do not pick a password which contains personal details such as date of birth, telephone numbers, etc. If the password is entered incorrectly three times, the account will be locked. The User must contact ICF through channels provided for this purpose on the Platform to unlock the account.
3. User profiles
The registration to the Platform establishes by default a user with an Applicant profile, which allows making and managing requests of available products and services on their behalf or on behalf of the company they are related to. If in the application process the applicant has to consign personal data of third parties, they shall guarantee that they have informed them about the transfer of their personal data to the ICF, and that they have obtained their consent (when applicable). If there is no real relationship (employee, administrator, beneficial owner, etcetera) with the company for which financing is requested, the ICF will provide a representation document that will have to be accurately completed and returned.
ICF clients or potential clients, whether self-employed individuals or legal entities, can create more than one User with the following profiles:
- Representative/Administrator: Mandatory for legal entities to be able to register the Client for the Platform, with access to all Platform sections and information which it contains about the Client, and with permissions to allow access to employees and, as a result, to manage their registrations and deletions.
The Representative/Administrator which registers an Employee confirms that they have informed them about the transfer of their personal details to ICF and have obtained their consent (where required). Similarly, when an Employee leaves the Representative’s organisation or when they should no longer have access to the Platform for any reason, the Representative must delete them from the Platform.
- Employees: User registered by the Representative/Administrator with access permissions for the established Platform sections. Remember that these Platform actions and/or functionalities might be restricted solely to the Representative/Administrator at ICF’s discretion.
For the purposes of these Terms and Conditions of Use, both the Representative and Employees will be considered Platform Users and therefore they are required to comply with the Platform terms and conditions of access and use as regulated in this document.
If the Representative is no longer in this role and no longer represents the Client, the Client or the Representative themselves must immediately inform ICF, and they will no longer be permitted to access the Platform. Similarly, access permissions created by the Representative for Employees will be removed.
4. Unauthorised actions
The User undertakes not to perform any of the following actions on the Platform, which are strictly prohibited:
1. Spread computer viruses or any other type of action which could prevent the Platform from operating normally.
2. Delete and/or alter the Platform’s security and technical measures.
3. Transfer, make available or disclose Platform login details.
4. Use and/or exploit Platform content when not expressly authorised by ICF or in any of the valid exceptions authorised by law.
5. Make defamatory claims which could undermine the fundamental rights of other people.
6. Use false identities, or steal the identity of others for registration and/or use of the Platform, including use of third-party passwords or usernames or any other form.
7. Destroy, alter, disable or damage ICF or third-party data, information, programs or digital documents included in the Platform.
8. Use the Platform for purposes other than as permitted, including but not limited to advertising or promotional purposes.
9. Any other action which contravenes the Terms and Conditions of Use, applicable regulations and good faith.
5. Platform interruption and/or suspension
The Platform is operated through service provider servers connected through public and private communication infrastructures.
In view of the foregoing, Platform access might be suspended for technical reasons, such as maintenance or updates, or due to force majeure which, regardless of whether or not it can be predicted, cannot be avoided. For this reason, ICF will not be held liable if these cases arise. Notwithstanding the foregoing, where possible ICF undertakes to disclose the times that the Platform will be unavailable in advance.
6. Liability
ICF will not be held liable for any damages and/or harm of any kind which the User or a third party could experience due to:
- Lack of availability, maintenance or effective operation of the Platform and/or its services or content.
- Lack of usability, suitability or validity of the Platform and/or its services or content to meet the specific needs, activities or results or expectations of Users and/or Clients.
- The presence of viruses or malicious or harmful programs in the content.
- Receiving, obtaining, storing, disseminating or transferring content by Users.
- Illegal, negligent or fraudulent use, or use contrary to the Terms and Conditions of Use or good faith, or contrary to generally accepted use or public order, of the Platform, its services or content, by the Users and/or Clients.
- The absence of legality, quality, reliability, usability and availability of services provided by third parties and made available to Platform users, where applicable.
- Default by third parties on obligations or commitments related to services provided to users through the website.
- The loss or theft of Platform access details by the Client (or Representatives and/or Employees).
When connecting to the internet, in addition to the basic computer protection aspects, it is important that the following precautionary measures are taken:
- Use the newest browser versions.
- Use trusted websites.
- Do not allow programs to run if downloaded automatically, or if you do not trust the source of download.
- If public computers or computers shared with third parties are used, confirm that the automatic password saving option is not checked.
Any use of the Platform will be the sole and exclusive responsibility of the Client. It will hold ICF harmless regarding any direct or indirect damage and/or harm which could be caused to it or third parties due to failure to observe the Terms and Conditions of Use by the User.
Failure to comply with these standards or applicable legislation might constitute civil and/or criminal wrongdoing, and will entitle ICF to enforce the applicable civil and/or criminal liability.
7. Intellectual and industrial property rights
Content which is included or which could be included in the Platform (including but not limited to photos, videos, text and software which makes the Platform operate, as well as the Platform itself) are classified as protected works by Royal Legislative Decree 1/1996 of 12 April, which approves the Amended Text of the Intellectual Property Law.
ICF is the owner or has the corresponding licence and/or permission from the owner of the intellectual property rights for content included in the Platform.
Under no circumstances will access and use of the Platform by the User imply a waiver of these rights by ICF, nor a transfer (total or partial assignment), licence or permission in favour of the user to use and/or operate them.
In this context, it is strictly prohibited to reproduce, publicly disclose - including public release - transform and/or distribute the content included in the Platform, if it does not have the prior, express and written permission of ICF.
Brands, logos and any other type of distinctive signs which could be included in the Platform are owned by ICF or third parties, with ICF having the relevant permission and/or licence for inclusion in the Platform.
Users are prohibited from using these brands, logos and distinctive signs without the permission of ICF or their owner.
8. Links and hyperlinks
The links and hyperlinks which could be included in the Platform to other third party websites will be merely informative. ICF does not develop or administer these pages, nor does it own the mentioned websites, unless expressly indicated therein. As a result, ICF will not be responsible for the content included therein, nor any damage or harm caused by this access, nor generated by the services which are supplied. We recommend that you read the legal terms applicable to these websites before browsing and using them.
The creation of any “hyperlink” between a web page and the Platform will be subject to the following conditions:
- The total or partial reproduction of any of the Platform services or content is not permitted without ICF’s express permission.
- Deep links will not be established with Platform web pages nor its services nor will a browser or border environment be created around site content.
- The web page where the hyperlink is inserted will not contain any brand, trade name, establishment sign, name, logo, slogan or other distinctive signs belonging to ICF.
- ICF will not be held liable under any circumstances for the content or services made publicly available on the website where the “hyperlink” is inserted, nor the information and statements included therein.
9. Data protection
Processing of User data by ICF will be governed by the Platform privacy policy which can be viewed through the following link: Privacy policy of the Espai Client Platform.
10. Cookies
The Platform uses own and third-party cookies, which will be governed by the Cookies Policy which can be viewed through the following link: Cookies policy.
11. Contact
If you have any queries about these Terms and Conditions of Use or any other comment about the Platform, you can contact ICF using the contact details indicated in Section 1.- Purpose and identification and contact details.
12. Partial unenforceability
If any of the clauses in the Terms and Conditions of Use are declared void, invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses, which will continue to be binding between the parties.
13. Applicable legislation and jurisdiction
These Terms and Conditions of Use remain subject and will be interpreted in accordance with common Spanish law. The parties agree that any dispute arising therefrom or regarding access and use of the Platform will be referred to the exclusive jurisdiction of the Courts and Tribunals of Barcelona, unless any other jurisdiction is applicable due to any mandatory regulations.
14. Publication and modification of the Terms and Conditions of Use
The Terms and Conditions of Use are available to anyone who accesses the Platform.
Their content will be adapted in accordance with the changes which occur in applicable legislation or the Platform. Consequently, we recommend that you regularly consult the Platform Terms and Conditions of Use to check for any changes over time. ICF agrees to notify any changes made to the Terms and Conditions of Use through the Platform prior to their entry into force.