GENERAL TERMS AND CONDITIONS OF TRADING AND USE:
App NIGHTCARD App is Managed under NIGHTCARD INTERNACIONAL SL (NIGHTCARD from here and out) A Registered Company under TAX ID number or CIF B66059635, located in la C/ Mallorca, 369 2º 08013 (Barcelona).
NIGHTCARD App Description.
The computer App NIGHTCARDP™ (The “App” or “NIGHTCARD” indistinctly from here and out) aims to act as a platform where to gather all your most popular NIGHTCARD INTERNACIONAL S.L
Conditions of Use.
This page ( as well as the documents it refers to) contains the established Terms and Conditions of use (“Conditions of use”) which regulate your use of the App. Please read it carefully before to start using the App. Start using the App implies your approval and acceptance of such Conditions of Use.
Application Licence of activity.
NIGHTCARD INTERNACIONAL SL. (“NIGHTCARD” from here and out) is the principal holder of the App’s rights of activity or otherwise, holds an exclusive licence over the contents of it (on declarative character, but not limitative to, graphic design, code sources or fonts, logos, brands, texts, graphics, illustrations, photgraphs and the elements which added to the mentioned, put the App together. .
In this sense, NIGHTCARD offers the user (licensee), only the right to use the App according to the use and purpose for which has been designed only, and in particular, according to what is established under our Conditions of Use and, in the absence of express provision, under the applicable law. The user will not gain any property rights over the App when downlowading, intallating and/or using it.
Hence, the App’s merely installation implies the users acceptance of its Terms and Conditions. In case of disagreement or unwillingness to accept any of the App’s Terms, the user should not use it and proceed to its removal from the mobile device.
Likewise, the user will be able to remove the app from his mobile device at any time he wishes, through the range of setting options that enable to do so.
The App will be accesible from outside of Spain and its use will be allowed from any country or jurisditcion as long as it is not against the current, valid, local laws or regulations to do so. Without prejudice of the previous, the App is designed to be used by any natural person who fulfills and accepts the present Conditions.
For the use of services offered through the App NIGHTCARD, it is necessay to create an account (including and ID and password configuration). In order to obtain the VIPCARD from the establishment, you will have to browse and select its name from the list, and next, introduce NIGHTCARD number you have been given.
Given the case this card number end up in third people hands, an unauthorized use of your account or email is detected, or a security breach is identified, you must notify it immediately. To disclose password information to third parties, imply the acceptance of third parties authority to act as agents, use and/or carry out business activities with your account. You are the only person responsible for caring after your password’s confidentiality.
Users information veracity.
All information provided by the user through the App must be true. To these effects, the user guarantees the veracity of all his personal details and information provided when filling his profile in.
Likewise, it is the user’s responsability to keep updated all information provided, according to every user’s real current situation.
Go to the App.
NIGHTCARD does as much as possible to guarantee de accessibility of the App however it is not under any obligation on this sense.
NIGHTCARD warns that in terms of maintenance and upgrades as well as for other posible reasons, specially of technical character, access to the App can be interrupted. NIGHTCARD doesnt take responsibility in any case, for such interruptions nor the consequences these may cause to the user, althought will try as much as posible, to minimise the inconveniences such processes may cause to users.
In any way, NIGHTCARD commits to do as much as it can to provide hight quality contents and services, compatible and adaptable to the standard computer systems currently available in the market, however, in no case guarantees the lack of errors, defects o design defects that can prevent its correct usa and/or installation. NIGHTCARD does not take responsibility of direct or undirect consequences, nor/or possible damage caused by defects and/or piracy acts over these programs.
NIGHTCARD is entitled at any time to remove or suspend the services provided by the app, without previous notice, to those users who fail to fulfill what is established on the present Conditions.
Industrial and intelectual property.
App download is free of charge, however, its use to obtain NIGHTCARD has an associated cost, the amout of which will be informed to the user in order to be accepted and subsequently paid through Credit or Debit Card, previous to get NIGHTCARD
Conditions of Use modification.
NIGHTCARD reserves its right to further develop or update the App’s terms and conditions of the App at any moment, hence, it’s the user’s responsibility to read them periodically .
When placing an order, you guarantee you are over 18 years old.
The presentes Terms and Conditions wil be apllied to any order placed or to be placed, in order to obtain NIGHTCARD from any establishment available on the App. Placing an order involves the acceptance of the present Terms and Conditions without reserve. None of the present Terms and Conditions go against your rights established by Law.
The present Terms and Conditions prevail regarding any independent document concluded. Any condition you may submit, propose or stipulate in any format and at any time, verbally, hand written or by email, will be excluded.
Modifications or additional terms of the present Terms and Conditions will be non-biding, unless NIGHTCARD stipulates the opposite in a written and signed form.
Formalising the Contracts.
Once the App has been downloaded on your mobile device you will be able to place the order for the pertinent establishment VIP’s Card. To place an roder you must have an email address, introduce a password, your full name and have a card number provided by the pertinent establishment. Before to placing an order we invite the user to read carefully the present document wich gathers the purchasing Terms and Conditions. Placing an order involves the acceptance of the present Terms and Conditions on the date the order is placed. It is the users responsibility to inspect the Terms and Conditions last and most updated versión when placing an order.
Purchasing process will involve the following steps:
1.- Introduce an email address and a password.
3.- You will be informed of the CLUB cost of purchase.
The registered user will be at all times responsible for his password custody, consequently assuming liablity for damages as a result of inappropiate use as well as its transfer, disclosure or theft. To this effect, access to restricted areas and/or the use of the App’s services and contents under a particular registered user’s password, will be reputed realized by that particular registered user, who will be held responsible for such sccess and use.
In the fulfilment of our obligations, established on the present Terms and Conditions, our only duty is to exercice a reasonable attention and hability.
NIGHTCARD invests máximum effort to avoid content errors that could come up on the App. To fulfill the purchase of any of the products offered by the App, the user must register and check the pertinent purchasing Terms and Conditions. In case of disagreement with them, must not proceed to formalize the Order. Otherwise, we will understand the user agrees with such present conditions. En caso contrario, entenderemos que está conforme con las presentes condiciones. We are not liable for the user’s failure to meet, with the excepction of the responsibilities arisen from the present Terms and Conditions.
Our total responsibility regarding Any Contract will not exceed under any circumstance, the total amount of the Contracts value corresponing to the resulting action.
The responsibility limitation established in the present clause is effective in regards to any responsibility deliberately mentioned in the present Terms and Conditions and in regards to any responsibility arosen from the invalidity or inapplicability of any term gathered in the present Terms and Conditions.
Force Majeure Cause.
We are not liable for a contract breache, delay or obstacle due to any cause of majeure force, regardless of the possibility to foresight such circumstances.
In the case of a majeure cause not ceasing within two working days, both parties are entitled to terminate de Contract immediately, by means of written notice. Given the case, none of the parties will be liable for the termination (except regarding a refund for a product’s price paid but not delivered).
In case of breach of any of the obligations stipulated by the Contract, we will be entitled to terminate such contract immediately, by means of a written notice. Given the case, you will have to compensate us for damage, loss or any expenses of any nature arising from the Contract termination and immediately pay to us any outstanding amount.
Contract termination will be carried out without prejudice to any of the parties rights and accumulated resources and will not have any effect over the entry and residence in force of any provision, which expressed or imply, is foreseen to entry or remain in force after the termination.
Any notification regarding the Contract, will be carried in writing and it will be delivered to the email provided by the user.
The notifications delivered by email will have to be notified after its reception in the recipients email server. In order to verify the issuance of such notification, it will be enough to demonstrate that the delivery has been done to the right address, and depending on the case, that has been sent by certified mail or carriage paid.
The user will be able to receive notifications “Push” through the Application, aimed at a notifying important events, which include, with a non exhaustive manner, the following:
-Events and promotions
-Events related news
The partner, from its mobile’s configuration, will be able to modify the preferences in relation with the Push notifications Push
We will keep a record of your Orders and the present Terms and Conditions for a maximum period of 1 year from the Order placement. However, for future inquiries, we recommend you to print out and keep a copy of the present Terms and Conditions.
If any of the terms or clauses is declared invalid or non-applicable by a court of competent jurisdiction, such invalidity or inapplicability will in no case, have an effect on the rest of the clauses or terms, not completely nor partially, and will remain in force for as long as the present Terms and Conditions or the Contract themselves remain in force, without the clause established as inapplicable.
No third party involved in the present Terms and Conditions or in the contract will obtain any right nor he will be entitled to benefit from such rights, regardless if the third party has trusted in the present Terms and Conditions or in the Contract, or has declared his conformity with them.
General trading Terms and Conditions amendment.
We reserve our right to amend the present Terms and Conditions at any time.br>
Spanish Law and jurisdiction.
The present App’s Conditions of use (in addition of the total amount of non-contractual relationships arousen from the Conditions of use and your use of the App and the ones in relation with it) will be interpreted and governed according to Spanish Laws. You are subjected to the exclusive jurisdiction of Barcelona’s court to solve any controversy that may arise from the present Conditions of use.
Any use of the information contained on the website or its resale which has not been authorised by Barcelona NightCard, in addition to the infringement of intellectual or industrial property rights, will be subject to the established legal proceedings.
Barcelona NightCard undertakes to ensure that the website and its contents will be used properly, and will take the appropriate civil and criminal proceedings against any infringements of its intellectual or industrial property rights.