Balize RWA S.A. Through the website and platform owned by it, it presents investment opportunities through participatory loans real estate projects.
Balize RWA S.A. undertakes to provide information in a transparent manner and in accordance with current regulations on the products and services offered, but in no case does it provide financial advisory services or investment recommendations, so the investor assumes the risk derived from their decisions.
The General Conditions set out are signed, on the one hand, by Balize RWA S.A., as owner of the website and platform, and on the other, by the user, a natural person, of legal age and with full capacity to contract, whether in one's own name or as a legal representative of a legal entity as long as said circumstance is legally proven and the person has the power to do so.
Registration on the platform, essential to obtain access to the provision of services by Balize RWA S.A., is conditional on acceptance of these terms and conditions. At the time of registration, the user must check the box enabled for this purpose, as well as the one corresponding to the Privacy Policy. The manifestation of said express consent determines that the user has read and understood the terms, binds them contractually and implies the voluntary assumption of the regulation established in said legal policies by Balize RWA S.A., which in any case will be in accordance with current regulations. in such matters, as well as the recognition of having sufficient capacity to be the holder of the obligations arising from its operations.
In accordance with the provisions of title V of Law 34/2002, of July 11, on information society services and electronic commerce, the form of conclusion of the contract between users and Balize RWA S.A. is valid and has all the effects of a contract under the legal form of electronic contracting. Thus, in accordance with articles 23 to 29 of the aforementioned law, contracts concluded electronically will produce all the effects provided for by the legal system, when consent and the other requirements necessary for their validity are met. Regarding the legal regime, the electronic contracts entered into will be governed by the provisions of the aforementioned law, but also by the Civil and Commercial Codes and by the remaining civil or commercial regulations on contracts, especially the consumer protection regulations. and users and organization of commercial activity. The acceptance by the user of the terms and conditions and acquisition of the product implies the valid provision of the consent required to contract, as well as the tacit admission of the electronic form, without prior agreement between the parties being necessary for the validity of this modality. of contract. Regarding the ends of the contract or related information for which the law requires written form, it should be noted that the requirement will be considered met as long as the contract or related information is contained in electronic format. In the event of a conflict between the parties, the electronic contract will serve as documentary evidence of the stipulations contained therein. Proof of its electronic existence and that of the obligations that originate from it will be subject to the general rules of the legal system and may be done by any of the means admitted by law. To determine the law applicable to electronic contracts, the provisions of the private international law standards of the Spanish legal system will be followed.
In accordance with the provisions of the previous clause, Balize RWA S.A. It is organized as a company providing information society services and, therefore, is subject to the obligations and limitations of liability that current regulations impose on it as such. With the acceptance of the terms and conditions, the acquisition of the service and the subsequent payment of the payment, investors assume the rights and obligations derived from the general and particular conditions, as well as those reflected in the regulations that apply to them. Both parties undertake to promptly comply with their legal and contractual commitments under these terms and conditions. In accordance with the general principles of law, if one of the parties fails to comply with the obligations inherent to its position, it is subject to paying the pertinent compensation for damages for consequential damage, loss of profits, moral or reputational damage that its actions may have caused. cause.
These terms and conditions regulate the relationship formalized between Balize RWA S.A. and the investor during the entire period of validity of the underlying legal relationship. Therefore, until the maximum period of five years provided for the participatory loan, the relationship will be regulated by this electronic contract, unless terminated for the reasons provided by law. Thus, Balize RWA S.A. will have the right to terminate the contract with the user in the event of non-compliance by the latter with the legal and contractual obligations that correspond to it, without prejudice to also claiming the corresponding compensation for damages. The company does not acquire any responsibility or commitment to the user for the resolution and has no obligation to refund the amounts paid for the services provided. Likewise, the user will have the right to terminate the contract at any time. To do this you will only have to cancel the platform. However, you will continue to be bound by the obligations you have acquired with Balize RWA S.A. and that have not been subject to compliance before the resolution.
Balize RWA S.A. may modify these terms and conditions at any time without prior notice, but in any case the regulatory change will comply with consumer and user protection legislation. The use of this power will only produce effects from the moment of publication of the modification on the website, without retroactive effects, so it will only affect the users who accept them from the incorporation of the update and not the users that they had accepted them prior to the change in regulations unless they are expressly notified giving them the possibility of unsubscribing from the platform.
The clauses that make up these Terms and Conditions must be interpreted independently, so the declaration of nullity of any of them by judicial means or firm arbitration resolution will not determine the total ineffectiveness of the contract and the clause whose nullity has been declared will be integrated with content that is in accordance with the purpose of the contract, in accordance with the regulations for the protection of the rights of Consumers and Users and the rules of contractual good faith.
- Once the wallet is selected, we will have to accept the terms and conditions and the age confirmation box.
- Once we press the accept button, the platform will redirect us to a customer verification process (KYC).
- Once verified, the user will be able to interact within the platform.
These user obligations are not assessed, so an extensive logical interpretation must be made when determining which user behaviors violate the exposed rules. The user:
a. You cannot modify the structure and content of the website and/or platform.
b. You may not use the website and/or platform to achieve illegal, illicit or immoral purposes.
c. You cannot publish or disseminate content that violates current legislation, incites hatred or violence or that may be offensive.
d. You may not use the website and/or platform for advertising purposes.
e. You must register with your real identity.
f. You cannot hinder access to the website and/or platform by other users.
g. Violate the measures adopted by the company for the prevention of money laundering, using the means of Balize RWA S.A. to invest funds of illicit origin.
If the user incurs any of these or other similar actions, Balize RWA S.A. The sanction that is proportionate to the severity and type of infraction committed will be adopted. The sanctions may consist of the impossibility of accessing the platform temporarily or indefinitely, without prejudice to adopting the necessary protection, protection and reparation measures, through judicial or administrative means as appropriate. In no case will the offending user have the right to receive compensation or compensation for the limitation of access.
Balize RWA S.A. has adopted all required diligence measures in terms of security to avoid illegitimate intrusions, losses, destruction of information or any other harmful alteration to the website and/or platform.
The correct functioning of these means is essential for the development of the company's activity and all possible means of protection have been implemented in accordance with the state of the art in order to minimize the risks of damage to them.
However, there are situations that, by their very nature, human foresight or the state of the art cannot avoid from an ex ante position, and in those cases Balize RWA S.A. will not be responsible for damages that exceed the average diligence required taking into consideration the specific circumstances.
Likewise, the user will be responsible for damages resulting from access to third-party pages through links that appear on the website of Balize RWA S.A., since the latter is not responsible for the reliability of third-party sites.
In the event that any of the above circumstances occur, Balize RWA S.A. may block users from accessing the website and/or platform without prior notice.
It may also prevent said access when maintenance or security improvement tasks make it essential. In the latter case, whenever the conditions make it viable, users will be informed in advance. As soon as the incident has been resolved, service provision will be restored.
Balize RWA S.A. will not be responsible for losses of cryptocurrencies, FIAT or obstacles that prevent or hinder access to them, when the lack is attributable to the intentional or negligent action or omission of the user.
Registration on the platform, essential to obtain access to the provision of services by Balize RWA S.A., is conditional on acceptance of the Privacy Policy, which can be consulted on the company's website. At the time of registration, the user must check the box enabled for this purpose.
In our relationship with the investor, we strictly adapt to the privacy requirements, established mainly in Regulation 2016/679, of April 27, 2016, relating to the protection of natural persons with regard to the processing of personal data. and to the free circulation of these data and in LO 3/2018, of December 5, on Protection of Personal Data and guarantee of digital rights.
All content, texts and images present on our website are the property of Balize RWA S.A. and are protected by Intellectual and Industrial Property rights.
Access to the website does not grant any privilege or title over intellectual and industrial property rights or over its content. The user only has the right to private use, and requires prior, express and written authorization from Balize RWA S.A. to modify them, reproduce them, exploit them, distribute them, assign them, transform them and especially commercialize them, or make use of any right belonging to their owner.
Balize RWA S.A., in its firm purpose to provide the best service to users and provide an adequate and proportionate solution to any inconvenience, has provided the platform with a contact tool that allows the presentation and resolution of complaints and claims.
This instrument, which is located on the website and on the platform in a tab headed “Ethical Channel”, allows investors to communicate or report possible infractions, non-compliance or irregular conduct to which they have been subjected in the context of the relationship with the company and it will offer all the pertinent information in this regard and offer the appropriate reparation or conciliation according to the circumstances of the specific case and in accordance with the Ethical Channel Protocol of Balize RWA S.A.
The Ethical Channel or Whistleblowing Channel is provided for in Directive (EU) 2019/1937, of the European Parliament and of the Council of October 23, 2019, relating to the protection of persons who report infringements of Union Law, as well known as the Whistleblowing Directive.
Balize RWA S.A. adopts the aforementioned Channel as part of the Criminal Compliance model that the company has to guarantee the adoption of protocols and security measures and prevention of crimes.
These terms and conditions are governed by Spanish legislation, except in those aspects in which current regulations specifically provide for the applicable law and the competent jurisdiction to hear the case. However, if said legislation offers the parties the option of submitting to a specific jurisdiction, it is determined in these terms and conditions that Balize RWA S.A. and the user expressly waive any jurisdiction that may apply to them and submit any interpretation or controversy resulting from the contract to Spanish law and to the Courts and Tribunals of the city of Valencia.
However, if the user has the status of consumer and/or user in accordance with the provisions of article 3 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, will be competent to hear the Courts and Tribunals of the user's domicile in accordance with the provisions of article 90.2 of the aforementioned Royal Legislative Decree and article 52.2 and 3 of Law 1/2000, of January 7, Civil Procedure.
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