March 2022

 

The Meep application (hereinafter referred to as the “Application“) is managed by Fostering Mobility S.L. (hereinafter “Meep“), tax identification number B¬87971735, with its registered office at Paseo de la Habana 26, 1º-2, 28036 Madrid, Spain, and e-mail address info@meep.me.

Meep is registered in the Mercantile Register of Madrid, volume 36.881, page 170, page number M-659920.

These terms and conditions (hereinafter, “Terms and Conditions“) govern the download and use of the Application by its users (hereinafter, the “User” or the “Users“, as applicable), as well as the services provided via the Application (hereinafter, “Meep Services“).

Acceptance of these Terms and Conditions grants the person User status, and is achieved by expressly accepting them when Meep offers this option, or by merely accessing the Application or using Meep Services. Downloading or using the Application implies that the User has read, fully accepts, and agrees to fully comply with these Terms and Conditions.

If the User does not agree with the contents of these Terms, even in part, the User must exit the Application and stop accessing the Application or using the Meep Services.

These Terms and Conditions, and any subsequent modifications and additions, constitute the whole agreement between the User and Meep in relation to the Application and Meep Services, and supersede all prior or existing communications.

Meep reserves the right to modify these Terms and Conditions at any time.  Any substantial modification of these Terms and Conditions shall be communicated to the User in a way that is clearly visible to the User. This is not applicable in the event of non-substantial changes or modifications imposed by mandatory rules or regulations or actions of the competent authorities, which shall apply, even without prior notice, as soon as they are made public.

Simply by accessing the Application and/or using Meep Services after the modification, you accept any modification implemented, and, therefore, Meep recommends that you periodically consult these Terms and Conditions and any modifications made to them.

The date at the beginning of these Terms and Conditions indicates the date of their latest revision, which shall apply from the date of posting. 

Some of the Services may be subject to specific conditions or instructions made by Meep or the third parties providing them, which shall supplement or, if at variance to the stated provisions, replace, the content of these Conditions. These must be accepted by the User before starting to make use of the Operator’s Service, which is thus defined below.

 

  1. PURPOSE OF THE SERVICES

 

By means of the Application, Meep provides an online intermediary service in which transportation providers or operators (hereinafter the “Operator” or “Operators“, as applicable) or other related services found on the Application, can advertise, inform, offer and sell their services (hereinafter the “Operator Service” or “Operator Services“, as applicable) and where Users can learn about, book, and purchase the Operator Services.

Meep does not own, provide, or control the Operator Services offered on the Application. The Operator Services are owned, managed, and offered by the Operators. By using the Application to contract an Operator Service, the User thus agrees to enter into a direct contractual relationship with the Operator providing the relevant Operator Service, who shall be solely responsible for any decisions regarding the acceptance, provision, or cancellation of the Operator Service.

The Operator Services are subject to the Operator’s terms and policies, and the User needs to read, accept, and understand their terms and policies, which can be viewed in the “Help” section of the Application, by clicking on “Information about the Operators”. At all times, Meep will only act as an intermediary between the User and the Operator, acting as a necessary link to ensure fluid communication between the parties.

When using the Application, the User must enter the departure and destination details of the journey that he/she wishes to make, or select the stop or vehicle of interest. They will then be shown the options offered by each of the Operators for that journey, stop, or vehicle, as well as the Operators’ Services linked to that journey, stop, or vehicle, so that the User can select the option that suits him/her best. Then, depending on the existing agreements between Meep and the Operator: (i) the Application will redirect the User to the application or website of the corresponding Operator, where he/she may complete the process of contracting the Service offered by the chosen Operator. In this case, the Operator will directly manage the payment through the method selected by the User on the Operator’s own platform; or (ii) the contracting will be carried out directly through the Application and Meep will manage the payments, acting in the name and on behalf of the corresponding Operator.

Meep acts impartially and is transparent and objective with respect to the information it provides. The information provided by Meep in relation to the Operators’ Services depends directly on the information provided to Meep by the Operators, who shall be responsible for it in accordance with the provisions of Section 6.3 of these Conditions.  

The Application is in no way a guarantee on the quality of the service, nor a classification of the quality of the Operators available on the Application.

Each Operator shall be solely responsible for complying with any regulations applicable to the Operator Service that it provides and for having the relevant authorisations and licences in accordance with the same, without Meep accepting any liability or responsibility in this regard.

 

  1. AUTHORISED USE AND RESTRICTIONS ON USE

 

The User is authorised to use the Application and Meep Services only if he/she is a natural (physical) person who, in accordance with applicable law, has sufficient legal capacity to accept these Terms and Conditions and who has not been excluded by Meep for contravention of any of the provisions of these Terms and Conditions.

The User is responsible for complying with the requirements for the use of the Operators’ Services established by the Operators in accordance with the applicable terms and regulations (e.g. age, driving licence required for car rental, identity documents, etc.) and shall be solely liable for any damages resulting from such non-compliance. 

The User is authorised to use the Meep Application and Services strictly in accordance with these Terms.  

By using the Application, the User will receive a licence under the terms set out in section 8 of these Terms and Conditions, in order to use the Application for the sole purpose of accessing and using Meep Services, where applicable, to obtain information, if appropriate, and to contract the Services from the Operators.

The User agrees to use the Meep Services in good faith and only for domestic and private purposes. Any other use is prohibited and, in particular, the use of Meep Services by Users for any purpose other than their personal use, such as, for example, commercial, profit, or business purposes, is not allowed.

The User hereby agrees to make appropriate and diligent use of the services and contents of the Application and not to use Meep’s Services negligently, for fraudulent purposes, for illicit or criminal activities, or those that contravene the provisions of these Terms and Conditions, the regulations on intellectual or industrial property, or any other legal regulation. Likewise, the User agrees not to engage in any conduct that could harm the image, interests, and rights of Meep, other users, the Operators, or third parties.

The User shall not interfere with the operation of the Application or the Meep Services, in particular by impersonating another user or person. The User agrees not to carry out any action that would damage, disable, overload, impair, or prevent the normal use of the Application or any action that would hinder, interfere with, or affect the security of Meep Services. The use of robots or spiders is prohibited, as well as the use of any other device, programme, mobile application, or tool to access, copy or control any part of the Application or the Meep Services, or any other use of the Application or Meep Services that is contrary to their normal use for personal purposes. Likewise, it is forbidden to obtain, or attempt to obtain, the contents of the Application using abnormal means, methods, or techniques, or by means expressly prohibited by Meep.

Before they use them, it is the User’s responsibility to check that the Meep Services are appropriate to their needs. 

The use made by the User of the Application and the information contained therein is the sole responsibility of the User.

 

  1. REGISTRATION 

 

In order to download and install a copy of the Application, and to access its contents, the User does not need to register. However, in order to use certain Meep Services, the User must register by creating a username and password and activating his or her account under the terms described below.

The User may choose to register directly when using the Application for the first time, following the on-screen instructions on how to use the Application, or at a later stage by clicking on the “Log in” section.

For this purpose, the User has to provide his/her first and last name(s) as they appear on his/her ID card, his/her date of birth, and a valid email address where they can receive any notifications regarding the Application and the Meep Services. The User must also provide a valid mobile phone number, the validity of which will be verified via an SMS code which the User must enter in order to complete the registration.

The User can save certain preferences in the Application. In particular, by using these preferences, the User will be able to:

  • Activate or deactivate the Operators that the User wants to appear (or not appear) on the Application; 
  • Introduce payment methods, subject to the conditions set out in section 4.3. of these Terms and Conditions.
  • Establish travel preferences so that the Application’s algorithm can adapt to the User’s travelling preferences, based on criteria such as: (i) Price (ii) Speed (iii) Eco-friendliness and (iv) Physical health.

Depending on what each Operator establishes, and in order for the User to benefit from an Operator’s Service, the User may have to register for the corresponding Operator’s Service, either directly from the Application or in the Operator’s own application, as the case may be. If the User does not have an account with the Operator’s Service and wishes to register via the Application, then, subject to the Operator having provided this possibility, the User will need to register in accordance with the Operator’s specifications. Once they have successfully registered through the Application, Meep shall send the data provided by the User to the Operator for verification and processing. Once this data has been confirmed, the User’s account will be created or activated in the Operator’s Service, and they will then be able to contract this service via the Application.

The User agrees to provide the information required for registration on a mandatory basis, as well as to provide true, complete, and updated information. It is the User’s responsibility to keep the aforementioned information up to date, as appropriate. If the User provides, or Meep has reason to suspect that the User has provided, false, out-of-date, or incomplete information, then Meep may suspend or terminate the User’s registration. 

The User must keep his/her password safe, treat it confidentially, and not disclose it to others. The User should not allow other people to access via their account, neither should they use another user’s account.

The User is responsible for any activities carried out on their account through any device. If you suspect that another user is using your account or that your security has been compromised in any other way, you must inform Meep immediately. 

Meep may suspend or terminate the User’s account if it believes that the User has breached these Terms.

 

  1. COSTS AND PRICES 

 

4.1. Prices

 

The installation and use of the Application are free of charge. The only amounts payable by the User when using the Application are the fees set by the Operators for the Operator’s Service, with Meep acting as the Operator’s agent when contracting the Operator’s Service.

The prices quoted by the Operators on the Application are inclusive of applicable taxes and relevant fees. The prices of the Operators’ Services are subject to the validity and conditions established by the Operator, which the User can consult in the Application’s “Help” section by clicking on “Operator Information”. The taxes or fees applied to the price of the Operator’s Services may vary according to what each Operator determines. Cancellation charges depend exclusively on each Operator’s individual policy, as set out in section 4.4 of these Terms and Conditions.

The prices of the Operator’s Services that appear in the Application may be of the following types, and these depend on what each Operator establishes at any given time:

  • ESTIMATED PRICES: Estimated prices are given by some Operators at the time of the booking, and also at the User’s request, in order to help the User to make a decision regarding the most suitable option for them; these are not considered to be a final, fixed price. The User is solely responsible for deciding whether or not to contract a specific Operator’s Service. The estimated prices are subject to change until the Operator’s Service is finalised. These changes may be due to the User changing the destination of the journey, choosing to make multiple stops, or any other circumstances provided for in the applicable regulations. In such cases, the estimated price shall be cancelled, and the User will be charged for the Operator’s Service they have chosen.
  • FIXED PRICES: Fixed prices are defined as those given at the time the User makes a request or booking. These will depend on the fare set by the Operator.
  • DYNAMIC PRICES: Dynamic prices are prices which, with respect to the same Operator’s Service under the same conditions of time and space, may vary according to external factors established by the Operator, such as, for example, the supply and demand of such a service. For certain Operator Services, minimum tariffs may apply.

Discounts and promotions

 

Discounts only apply to the price of the Operator’s Service relating to the relevant promotion, and their validity is subject to the conditions set out by the Operator organising the promotion. 

Additional restrictions on discounts or promotions may apply as communicated to the User in any given promotion or in the applicable section of the Application.

 

4.2. Other charges

 

“Cancellation Charge”. After booking an Operator’s Service, the User may cancel it on the Application, but in certain cases, depending on what the Operator has previously stated in their Operator’s Service, a cancellation fee may apply. The service (trip) may also be charged to the User’s account in the event of the User not taking the trip after booking it. The User can find more information about the Operator’s cancellation policy, including applicable fares, by clicking on the “Operator Information” option in the “Help” section of the Application.

The cancellation policy may vary depending on the Operator’s Service in question. The User must carefully read the fine print, as well as important information in their booking confirmation about policies that may be applied by the Operator (e.g. regarding age requirement, security deposit, no cancellation refunds, additional supplements for group bookings, additional booking time).

Late payments, incorrect bank, debit, or credit card details, invalid credit or debit cards, or insufficient funds are the responsibility of the User and the User shall not be entitled to a refund of any pre-paid (non-refundable) transactions unless the Operator agrees or permits otherwise under its terms and conditions.

“Damage Charge”. If an Operator reports damage to the Operator’s vehicle or property caused by the User, then the User may have to pay a charge for the damages caused, as set out in the relevant Operator’s terms and policies.  

All charges are non-refundable.  

 

4.3. Payment methods

 

Cash payments cannot be made on the Application.

The User can add a payment method in the relevant section of the Application, or choose a new payment method for a specific Operator Service at the time of booking. 

When adding a new payment method, Meep immediately charges a fee to verify the identity and veracity of the User’s card, which will be:

– One (1) Euro for Users in Spain; and

– One (1) Cent for Users in Malta.

Once the identity and veracity of the User’s card have been verified, Meep will refund the amount directly to the User’s account. This refund may take up to forty-eight (48) hours to be processed by the bank.

In addition, each time a User requests an Operator’s Service, Meep may request pre-authorisation of the payment method selected by the User to ensure that the payment method covers the cost of the Operator Service and to prevent improper practices. Pre-authorisation is not a charge, although it may reduce your available credit by the amount of the authorisation until your bank’s next monthly cycle. If the pre-authorisation exceeds the total funds available in the User’s account, the relevant bank’s policy will apply. Meep is not responsible for these charges and cannot assist the User in recovering them.

All payments must be made by credit or debit card on the Application. There is also the option to make payments via other types of wallet cards, provided that they are permitted for use by the card issuer and accepted by the payment provider. Meep will process all payments submitted to it via its external payment provider. Payment is made according to security protocols and strictly adhering to the payment provider’s guidelines, thus reducing the likelihood of fraudulent card use. 

During the card registration process, any sensitive information will be handled by the payment provider and this is completely outside of Meep’s control. Meep will only store an encrypted card identifier and some additional data, such as the card expiry date or a credit card mask that will allow the user to identify the card when using the Meep application. All other uses of the card will be carried out through the card’s encrypted identifier. Any payment made by the User shall be either made directly to the Operator or transferred by Meep to the Operator, depending on the prior agreement between Meep and the Operator. These payments cannot be reversed.

 

4.4. Cancellations, No-Show Policy, and Right of Withdrawal

 

By making a booking, or carrying out a purchase of an Operator’s Service, the User agrees to accept the Operator’s preauthorization, cancellation and no-show policy, as well as any relevant terms and conditions that may apply to the Operator’s Service. The relevant terms and conditions (e.g. booking, delivery, purchase, use, and shipping costs) of any given Operator can be found in the “Help” section of the Application by clicking on “Operator information” during the booking procedure. In certain cases, the information is also available in the confirmation email. 

The User has to be aware that certain preauthorization charges (also “pre-auth” or “authorization hold”) are a temporary hold on a customer’s credit card that typically lasts around 5 days, or until the post-authorization (or “settlement”) comes through and the amount depends on the estimated amount of the trip and the operator.

The User has to be aware that certain fares or special promotions will not be eligible for cancellation, refund, or exchange. The Operator may charge the applicable municipal or tourist tax in cases of no-show and/or the cancellation of the booking or purchase. The User must check the booking details of their selected service before concluding and accepting their booking or purchase. The User should note that a booking or purchase of an Operator’s Service that requires an initial payment, or prepayment in full or in part, may be cancelled (without prior notice or warning of the non-payment) if the remaining amounts cannot be collected in full by the relevant due date in accordance with each Operator’s payment policy.

If the User requires any assistance, he/she should contact Meep by selecting the corresponding icon within the “Assistance” section and filling in the relevant form with his/her request. Meep accepts no liability for any consequences due to a late arrival or any other failure on the part of the User which affects the provision and fulfilment of the Operator’s Service, or for any cancellation or no-show charge by the Operator.

The rights of the termination of the Operator’s Services is subject to the terms established by the relevant Operator, which the User can find in the “Help” section of the Application, by clicking on “Information on operators”.

 

  1. MESSAGES AND NOTIFICACIONES

 

Meep Services may send the User warnings, or other types of messages, directly through the Application (“Push Notifications”) or via text messages (SMS), Whatsapp messages, or emails, depending on the instructions and data provided by the User and the channel chosen by the Operator.

The User can control and manage the configuration of Push Notifications at any time, either activating or deactivating them on their device.

 

  1. RESPONSIBILITY

 

6.1. For the use of the Application, the Meep Services and the Operators’ Services

 

Meep has no control over the use made by the Users of the Application, the Meep Services and the Operators’ Services. Because of this, the User hereby acknowledges and accepts that he/she, at all times, uses the Application, the Meep Services, and the Operators’ Services at his/her own risk and responsibility and, for this reason, Meep shall not, in any way, be liable for any type of losses or damages that may arise from an unlawful, incorrect, inadequate, or partial use of the Application, or from the User’s failure to comply with these Terms and Conditions, as well as for any other condition(s) that may be imposed on the User. Meep shall not be liable for any type of damages that may arise from an unlawful, incorrect, inadequate or partial use or breach by the User of these Terms and Conditions, as well as any other condition that may apply to the Application or any of the Meep Services or the Operators’ Services, regardless of any legal action that may have been taken against Meep or third parties.

The User shall be liable for any damages incurred by Meep as a result of him/her breaching the Terms and Conditions of use of the Application, Meep Services and Operator Services, and hereby agree to indemnify Meep, its administrators, staff, agents and representatives from any liability they may incur as a result of such breaches.

EXCEPT IN CASES OF WILFUL MISCONDUCT AND IN CASES WHERE, DUE TO THE SPECIFIC CIRCUMSTANCES OF THE USER OR THE SUBJECT, A MANDATORY LIABILITY REGIME IS APPLICABLE, THE USE OF THE MEEP APPLICATION AND SERVICES IS AT THE USER’S SOLE AND ABSOLUTE RISK, AND MEEP SHALL NOT BE LIABLE FOR ANY DAMAGE OR INJURY INCURRED – OF ANY NATURE WHATSOEVER – AS A RESULT OF USING THE MEEP APPLICATION OR SERVICES.

 

6.2. For the functioning of the Application and the Meep Services

 

The availability and continued operation of the Application and the Meep Services depends on many factors, such as communication networks, software, hardware, and the Operators. Meep does not guarantee that Meep Services will function and/or be available at all times without interruption. 

Furthermore, Meep does not guarantee the reliability, accuracy, or correctness of the Application and/or the Meep Services or their suitability for any specific purpose or activity. In so far as it is permitted by applicable law, Meep hereby declares that it is not liable for damages of any kind that may result from the aforementioned.

By way of example, but not limited to the following, Meep does not accept liability for any damages that may arise from:

  1. Interruptions, viruses, malfunctions, interferences, omissions or outages or suspensions of the electronic system, the communications system or its equipment for reasons beyond Meep’s control.
  2. Server errors or interruptions (temporary or partial) due to crashes, upgrades or repairs to the Application.
  3. Delays or interruptions in the use of the Application and the Meep Services due to failures or overloads on the Internet, or in the electrical or communications systems. 
  4. Third-party actions. 
  5. The inability to access the Application or the Meep Services due to maintenance or upgrades.
  6. Possible errors or security failures that may occur due to the User using an outdated or insecure browser version, as well as the use of devices for the conservation of the User’s passwords or identification codes registered in the browser, or damages, errors or inaccuracies that may arise from misuse or malfunction.
  7. Any other event beyond the control of Meep.

To the extent permitted by applicable law, the Application is provided “as is” and “as available”, with all its faults and without guarantees of any kind, and Meep hereby renounces all guarantees regarding the Application, whether express, implied or statutory, including guarantees of merchantability, satisfactory performance, and the suitability for any given purpose. In the event that the Application is found to be defective, the User is hereby liable for all costs for necessary servicing, repairs and corrections, to the extent permitted by applicable law.

 

6.3. For the information published in the Application

 

Meep endeavours to ensure that the information published on the Application is accurate and precise, and will undertake to update it as promptly as possible, striving to avoid errors and correcting them as soon as they are detected. However, Meep cannot guarantee the absence of errors, neither can they guarantee that the content of the information will be permanently updated.

The information published on the Application in relation to the Operators’ Services is directly dependent on the information provided to Meep by the Operators.  The Operators are solely responsible for the correctness and accuracy of the information provided and displayed (e.g. tariffs, service availability, sales policies, and conditions).  Although Meep attempts to diligently perform its intermediary role, it cannot guarantee that all information is accurate, complete, or error-free. Each Operator shall be responsible for the completeness, truthfulness, correctness and updating of the information displayed on the Application relating to the Operator’s Service it provides, as well as for the validity of bookings and services relating to the corresponding Operator’s Service carried out by Users on the Application.

6.4. For the content provided through the Application and Operator Services

 

Meep is not responsible for the content, files, information, advertisements, opinions, concepts, and images that do not belong to the Application or are not managed by Meep. 

The Application contains links to third party websites and, depending on the agreement with each Operator, may redirect the User to them for the use of certain Operator Services. Meep does not accept any responsibility for the access to, and contents of, these websites, as well as the use that the User may make of them, which are subject to the specific conditions of the Operators. Any other type of use, other than that which has been authorized, is expressly prohibited.

Meep accepts no responsibility for the Operator’s Services, and the User must therefore directly contact the Operator concerned in the event of any questions or complaints in relation to the Operator Service that has been contracted.

 

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY

 

The Application, the Meep Services, the design, logos, graphics, icons, images, as well as the selection, layout and arrangement thereof, Meep’s ownership of the software, algorithms and all intellectual and industrial property rights therein, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrighted materials, graphics, text, images, designs, specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether registered or unregistered, are owned by, or licensed to, Meep and are subject to applicable copyright and other intellectual and/or industrial property rights.

In particular, and without implying any limitation or modification to what is stated in the previous paragraph, Meep holds a “sui generis” right as the manufacturer of the database, made up of the entire content of the Application, in the terms set out in articles 133 and subsequent articles of the Revised Text of the Intellectual Property Law. By virtue of this right, Meep prohibits the extraction and/or reuse of all, or a substantial part of, the content of the Application, evaluated qualitatively or quantitatively.

The User is authorised solely to access and use the Meep Application and Services and to download its contents for purely personal use – non-commercial and non-shared. Except where expressly authorised, the User is expressly prohibited from reproducing or distributing the contents for other purposes, such as modifying, creating derivative works of any kind, communicating to the public, disclosing, extracting, reusing, or any other non-authorised use of the Application, the Meep Services, or any part thereof. Furthermore, the User is not authorised to disassemble, adapt, sublicense, make any commercial use of, sell, rent, loan, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Meep’s proprietary rights, either by him/herself or by anyone on his/her behalf, in any manner, or by any means, unless expressly permitted in these Terms and Conditions.

All trademarks and logos used by Meep in connection with the Application and the Meep Services (hereinafter, the “Meep Trademarks and Logos“), whether registered or not, are owned by Meep. 

All trademarks, trade names and logos that identify the Operators’ Services are the exclusive property of the respective Operators or other third parties (hereinafter, “Third-Party Makes and Logos“), and the reproduction of such elements within Meep is for descriptive purposes only. The User is expressly prohibited from reproducing, or using in any way, the trademarks and logos of the Providers without the express authorisation of the latter.

The User is not granted any rights, licence or ownership regarding the Meep Trademarks and Logos and Third-Party Marks and Logos and, therefore, the User agrees not to use any such trademarks and logos except as expressly authorised in these Terms, or by the respective owner.

 

  1. THE APPLICATION LICENCE

 

Meep grants the User a non-transferable licence to download and use the Application, in object code only, on a device owned or controlled by the User and only for the purposes and uses authorised by these Terms and Conditions. This license does not permit the User to use the Applications on any device that is not owned by, or under the control of, the User. 

Meep retains any and all rights to the Application that are not expressly granted to the User in this licence. The terms of this licence govern any updates provided by Meep that replace or supplement the original Applications, unless such update is accompanied by a separate licence, in which case the terms of that licence shall apply.

The User shall not distribute or make the Application available to the public over networks where it can be used by multiple devices at the same time. The User shall not rent, sell, distribute, or release the Application to the public, neither should they sublicense it. The User shall not copy (except that which may be expressly authorised by this licence), decompile, reverse engineer, disassemble, attempt to derive the source code, modify or create derivative works of the Application or its updates or any part thereof (except and only to the extent that such restriction is prohibited by applicable law or the licence terms governing any of the open-source components included in the Application). Any attempt to do any of the aforementioned is a violation of the rights of Meep and its licensors.

The User hereby agrees that Meep may, from time to time, collect and use certain technical data and information (including technical information, without limitation) regarding the User’s device, system and software and its peripherals for the purposes of the provision of software updates, maintenance and other services related to the Application. Meep may use this information, provided it is dissociated from any specific User, to improve its products or provide services or technological options to the User. 

This licence may be terminated by either Meep or the User. The User’s rights under this licence will terminate automatically without notice if the User breaches any of the terms of the licence. Upon termination of the licence, the User shall discontinue all use of the Application and destroy all copies, in whole or in part, of the Application.

 

Specific conditions for the use of the Application on Apple devices

 

The license to use the Application is between Meep and the User, and Apple has no part in it. Meep, and not Apple, is solely responsible for the Application and its content. 

The Application must be used in accordance with the rules of use set forth in the App Store Terms and Conditions (hereinafter the “Rules of Use“).

The User and Meep acknowledge that Apple has no obligation at all to provide maintenance in connection with the Application.

Apple is not responsible for any guarantees – either express, implied or statutory – regarding the Application. In the event that the Application fails to conform to any applicable guarantee, the User can notify Apple and Apple will refund the purchase price of the Application, without, insofar as permitted by applicable law, Apple having any further guarantee or liability in connection therewith. If applicable, any claims, losses, damages, costs or expenses arising from such a breach of guarantee will be Meep’s responsibility, subject to the limitations set forth in these Terms and Conditions.

The Parties acknowledge that, as applicable, and subject to the limitations set forth in these Terms and Conditions, Meep, and not Apple, is liable for any claims by the User or any third party relating to the Application, or the User’s possession or use of the Application, including, without limitation, product liability claims, claims for breach of any regulation by the Application, or claims under consumer protection or similar regulations. The Parties acknowledge that, in the event of any third party claim, or where the Application and the User’s possession or use of the Application infringes any third party’s intellectual property rights, Meep, and not Apple, shall be solely responsible for the investigation, defense, settlement and release of such claims, in all cases subject to the limitations set forth in these Terms.

Apple and its subsidiaries are third-party beneficiaries of this license and, upon acceptance of the license by the User, Apple shall have the right to ensure that the User complies with the license.

The User hereby guarantees that they are not residing in a country embargoed by the U.S.A. and are not on the U.S. Treasury Department’s list of prohibited persons, and that they will not use the Application for any purpose prohibited by U.S. law.

 

  1. THE MODIFICATION OR TERMINATION OF MEEP SERVICES

 

Meep may, at any time, and without incurring any legal liability, alter or modify the content of the Application or the Meep Services, stop providing all or some of the Meep Services and functionalities, or disable or delete all or some of the accounts, without limitation other than that which is provided by applicable laws regarding the obligation to keep records of certain transactions for the relevant legal periods.

 

  1. PARTIAL NULLITY

 

In the event that any of the provisions contained in these Conditions are declared null and void, they shall be withdrawn or replaced. However, such a declaration of invalidity shall not affect the validity of the remaining provisions contained in these Terms and Conditions.

 

  1. GOVERNING LAW AND JURISDICTION

 

The use of the Application and the Meep Services is governed by Spanish law. 

Furthermore, in accordance with the provisions of the Regulatory Article 14 (EU) 524/2013, the User is informed that the European Commission has an online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr/.

Any claim, legal proceeding, or dispute arising in connection with these Terms and Conditions, or the use of the Application shall be subject solely to the jurisdiction of the courts of the city of Madrid.