1. OBJECT AND GENERAL INFORMATION
Open Bank, S.A. (hereinafter,OPENBANK") with Spanish tax ID no. A-28021079, registered in the Mercantile Registry of Madrid, Volume 5308, Folio 202, Sheet: M-87030, and in the Bank of Spain under registration number 0073 with registered office in Plaza de Santa Barbara, nº 2, 28004, (Madrid), Spain, and with contact e-mail address email@example.com. OPENBANK offers Internet users this website www.openbank.es (hereinafter, the "Portal" or the "Website"). This Website has been created by OPENBANK to inform both customers and non-customers about its financial products and services.
In the public section of the Website both customers and non-customers can obtain information, apply for and contract products and services offered by OPENBANK.
Website/Portal: Pages hosted under the domain www.openbank.es
User: This is any individual or legal entity that accesses or makes direct or indirect use of the website, who, being bound by their mere access and use to these general terms of the service. They will be private users, companies, corporations, individuals or legal entities or any other entity (hereinafter referred to as "Persons") residing in Spain or accessing from Spain, and OPENBANK therefore does not accept any liability for the access of Persons in jurisdictions where such distribution or use may be contrary to the legislation or regulations.
Registered User: This is all persons duly registered on the website of www.openbank.es
Product or service: any type of product and/or service offered through the Website that a duly registered User has the option of acquiring and/or using. The www.openbank.es Portal is free to access and free to visit for all Internet users.
3. REGISTER AT WWW.OPENBANK.ES
If, as a result of registration, the User is given a passcode to gain access, he or she undertakes to make diligent use thereof and to keep it in strict secrecy. The Registered User is solely responsible for the proper custody and strict confidentiality of any passcodes, access data or other elements that are supplied by OPENBANK, and undertakes not to transfer their use to third parties, either temporarily or permanently.
The User will be responsible for any unlawful use of the services by illegitimate third parties using a passcode delivered to the Registered User by OPENBANK. In addition, identification and authentication using a user name and passcode means the Registered User is the owner of such user name and passcode, and is solely responsible for the acts to performed with and through that access to the services of the Website.
It is the Registered User's inexcusable obligation to immediately notify the managers of OPENBANK in writing by e-mail to firstname.lastname@example.org with respect to any fact that allows or may allow the abuse of codes and/or passwords, including (but not limited to) theft, loss and other similar circumstances. While such events are not reliably reported in writing to OPENBANK under the aforementioned terms, OPENBANK shall be absolved of any liability that may arise from the improper, fraudulent, false or dishonest use of such codes and passwords
4. USE OF THE SERVICE
OPENBANK makes available to the User, through the Portal, products for sale, specific services, offers, promotions, etc.
5. RIGHT OF EXCLUSION
6. CONTRACTING PROCESS
Operation and process of product contracting and/or access to services from the Website:
The Users who access the Website and want to register as Customer Users for the first time ("New Customers") must fill out the customer registration form as well as reliably identify themselves using the different alternatives offered by OPENBANK, electronically sign the OPENBANK Contract for the Provision of Services for Individuals and, once the electronic signing process has been completed, attach the additional documentation required to register, which is: the relevant identity document (Spanish ID card (DNI), Foreigners' ID card (NIE) and Residence Cards are accepted), as well as a document certifying the employment activity, where appropriate.
If the Users who access the Website are already Customers, they can access the private area of the Website by identifying themselves with their DNI/NIE (supporting document) and their passcode. There, they will be able to see their products and perform operations or contract new products from OPENBANK’s catalogue.
7. PRODUCTS AND/OR SERVICES
Contracting and operational management on the following products:
- Deposit products: Current Accounts, Savings Accounts, Payroll Accounts, and Fixed-term Deposits.
- Credit products: Mortgages, Loans, Overdraft Protection.
- Cards: debit, credit and prepaid cards.
- Investments: We sell products from third parties such as investment funds, pension plans, insurance, shares, ETFs (traded funds),warrants and futures.
Operations for the following services:
- Bank statements, third parties and supporting documents, including tax information.
- Balances and transactions of any product.
- Personal details.
- Trading service related to the broker.
- Customer alerts and notifications service.
8. WITH RESPECT TO THE USE OF THE OPENBANK WEBSITE WWW.OPENBANK.ES
In case of failure of accessibility, OPENBANK will carry out all actions to correct this, but does not guarantee the absence of errors or the absolute and continuous availability of the Website, which may be affected by maintenance and improvement work. OPENBANK expressly does not accept any liability due to errors or omissions in the information contained in the pages of this website.
OPENBANK, to the extent permitted in the current legislation, is not responsible for the damages that may be suffered by Users as a result of their access to or use of the Website, nor for the damages that may be caused to the User's computer equipment or the files or data stored therein as a result of a virus or any type of malware, nor for the improper use of the computing device of the user or accessing the Portal with inappropriate tools.
Users are fully responsible for their conduct on accessing the information on the Website while navigating the same, as well as afterwards.
The User agrees not to use any of the content that OPENBANK puts at their disposal, whether or not produced by OPENBANK or published under its name, to develop activities contrary to the law, morality or public order. Those who access the Website must observe the applicable legislation, ethical or behaviour codes that may be subscribed, and the general rules of use of the website. According to these, they shall refrain from conducts that, without limitation:
(a) contravene, denigrate or threaten fundamental rights and constitutionally recognised public freedom, in international treaties and the rest of the legal system;
(b) induce, incite or promote criminal, denigratory, defamatory, dishonourable, or violent actions or generally those against the law, morals and generally accepted good practices or public order;
(c) induce, incite or promote discriminatory actions, attitudes or ideas on the basis of gender, race, religion, belief, age or condition;
(d) incorporate criminal, violent, pornographic or degrading messages, or generally those against the law, morals and generally accepted good practices or public order;
(e) induce or may induce an unacceptable state of anxiety or fear;
(f) induce or incite to engage in practices that are dangerous, risky or harmful for health and psychological balance;
(g) are false, ambiguous, inaccurate, exaggerated or extemporaneous, so that they may mislead about their subject or about the intentions or purposes of the communicant;
(h) are protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorisation to carry out the use that he or she intends to make;
(i) violate the business secrets of third parties.
(j) is contrary to the right to honour, personal and family privacy or the image of persons.
(k) infringes the rules on secrecy of communications.
(l) constitutes unlawful, misleading or unfair advertising and, in general, constitutes unfair competition.
(m) cause, because of its characteristics (such as format, extension, etc.) difficulties in the normal operation of the service or fails to meet the technical requirements or specifications established for access to the website, or that in any way may damage, disable or deteriorate the website or its services or prevent normal enjoyment by other Users. The User shall be liable for any damages that OPENBANK may suffer as a consequence of the breaching of any of the obligations herein.
On this Website, the User may find links to other websites that are controlled by third parties. OPENBANK does not have the power to control the contents provided by other websites to which links are established from this Portal. Therefore, OPENBANK does not assume any liability or responsibility for any aspect relating to these third party websites to which it may be linked, nor does it guarantee that such links are free of viruses or other elements that may cause damage to the User's computer systems or files.
Any use of a link or access to a non-proprietary website is at the user's sole choice and risk. OPENBANK does not recommend or guarantee any information obtained by or through a link, nor is it liable for any losses, claims or damage arising from the use or misuse of a link, or of the information obtained through it, including other links or websites, for any interruption in the service or access, or for the attempt to use or misuse a link, both when accessing the website and when accessing information from other websites from this website.
Nor does it assume any liability or responsibility for the contents of the third party websites that may direct links to this Website or refer to it, that include opinions on the website www.openbank.es that may mislead the users of said websites about OPENBANK services.
10. INTELLECTUAL AND INDUSTRIAL PROPERTY
The whole of this Website is covered by national, community and international legislation on copyright and intellectual property. The User acknowledges and accepts that all trademarks, trade names or distinctive signs, as well as all the intellectual and industrial property rights on the contents and/or any other elements inserted in the website are the exclusive property of OPENBANK and/or third parties, who have the exclusive right to use them. In no case shall access to the Website imply any type of waiver, transfer, license or transfer all or part of such rights, unless expressly stated otherwise. All reproduction rights are reserved, including iconographic and photographic representations. The reproduction of all or part of the content of this Website in any media is strictly prohibited without the express written authorization of OPENBANK.
11. APPLICABLE LAW AND JURISDICTION
These general terms are governed by the Spanish law and any dispute that may arise concerning the application, compliance or interpretation of these terms will be settled, by the express acceptance of both sides, in the Courts and Tribunals of the city of Madrid.
12. MODIFICATIONS TO THESE GENERAL TERMS
OPENBANK reserves the right to make the modifications it deems necessary in the Portal as well as update the information contained therein and the configuration, presentation and access conditions, without the need for prior notification.
Your web browser may generate a copy of this page in the cache so that when you access it again the pages displayed by your browser do not correspond to the most current ones but instead to those stored in the cache. In order to avoid these problems, we recommend that you update the Portal from the browser when accessing OPENBANK.
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