Legal Notice
1. Purpose and general information
Zinia is a registered trademark of Open Bank S.A. (hereinafter “ZINIA”). Open Bank, S.A. is a Spanish bank, with NIF (Spanish tax number) A-28021079, registered in the Trade Registry of Madrid, Part 5308, Folio 202, Sheet: M - 87030, and with the Bank of Spain under registration number 0073. The registered office of Open Bank, S.A. is Plaza Santa Bárbara 2, 28004 Madrid, Spain and its email address is info@openbank.com. ZINIA offers internet users (hereinafter the “Users”) the following website: https://www.zinia.com/nl (hereinafter referred to as the “Website”). This Website was created by ZINIA to inform both customers and non-customers about its products and/or services.
In the public area of the Website, both customers and non-customers can access information and apply for and purchase the products and services offered by ZINIA.
After logging in to the Website, customers can perform any transactions concerning ZINIA products and services, as well as informational and commercial actions relating to their personal data and communications, and the products for which they have entered into a contract. The access to and use of the Website is governed by these terms and conditions of use, as well as our Privacy Policy and Cookie Policy. The User agrees and undertakes to comply with these terms and conditions and policies when accessing and/or using the services.
Access to the Website is voluntary and does not entail any costs for the User. Those who access the Website are considered Users, who accept these “General Conditions of Use” merely by accessing the Website https://www.zinia.com/nl, without prejudice to the specific conditions that may be found therein. These specific terms take precedence over the terms and conditions set forth herein. Therefore, please read this page carefully before taking any action.
2. Definitions
Website: pages hosted under the domain https://www.zinia.com/nl.
User: any natural or legal person who accesses the Website or makes use of the Website, directly or indirectly. Users are bound by the General Terms and Conditions of the service merely by accessing and using the Website. Users can therefore be private and business users. ZINIA accepts no liability for access by individuals in jurisdictions in which such use is contrary to legislation or regulations.
Registered User: all individuals who are duly registered on the Website https://www.zinia.com/nl.
Customer: a Registered User who uses a ZINIA product and/or service on the Website.
Product or service: any type of product and/or service offered through the Website that is available to and usable by a duly Registered User. The websute https://www.zinia.com/nl can be accessed and visited free of charge by all Internet users.
3. Registration at https://www.zinia.com/nl
Users who visit the Website and wish to access their User Account (hereinafter the “Account”) must register with their phone number and email address and create a password. To activate the Account, they must also accept the corresponding General Terms and Conditions. The activation/registration process is only required when the Account is opened. If Users visiting the Website already have an Account, they can access it by verifying their identity with their email address and password. In the Account, Users can view their products and use the services that ZINIA offers.
Users undertake to make careful use of the access code they have received when registering the Account and keep it strictly confidential. The Registered User shall be solely responsible for the appropriate safekeeping and strict confidentiality of all access codes, login details or other elements provided by ZINIA: They also undertake not to transfer their use to third parties either temporarily or permanently.
Users are responsible for any misuse of the services by unauthorised third parties using a passcode provided by ZINIA to a Registered User. In addition, the identification and verification with a username and password implies that the Registered User is the owner of these credentials and that the Registered User is solely responsible for the actions performed with and through this access to the services on the Website.
It is the irrevocable obligation of the Registered User to notify ZINIA’s administrators immediately in writing with an email to info.nl@zinia.com about any event that allows or may allow the misuse of codes and/or electronic signatures. This includes (without limitation): theft, loss and other similar circumstances. If such events are not reported in writing to ZINIA in the above manner, ZINIA will not accept any liability that may arise from the improper, fraudulent, false or dishonest use of such codes and electronic signatures.
4. Use of the service
Through its Website, ZINIA makes products, specific services, offers, promotions, etc., available to the User.
To enable the purchase of products and/or access to services offered directly on the Website, the User must first accept the Privacy Policy and the associated specific contractual terms and conditions.
5. Right of exclusion
ZINIA reserves the right to withdraw or deny access to the Website without prior notice to any User who fails to comply with these General Terms and Conditions or the specific conditions indicated, where applicable.
6. Products and/or services
Users can access the products and services available at any time in the General Terms and Conditions for Customers/Retailers in the Legal Information & Claims section of the Website.
7. With regard to the use of the Openbank Website
In the event that the Website cannot be accessed, ZINIA will make every effort to rectify this issue. However, ZINIA cannot guarantee the absence of errors or the absolute and continuous availability of the Website, as they may be affected by ongoing maintenance and development. ZINIA expressly disclaims any liability for errors or omissions in the information presented on the pages of this Website.
To the fullest extent permitted by current law, ZINIA is not liable for any damage that the Users may incur as a result of accessing or using the Website, or for any damage that may be caused to the Users’ computer equipment or files or data stored therein as a result of a virus or any form of malware, or for the improper use of the Users’ computer or access to the Website with inappropriate tools.
The Users are fully responsible for their behaviour when consulting the information on the Website, both during browsing and afterwards.
The Users undertake not to use the content made available by ZINIA, whether or not produced by ZINIA or published under its name, to conduct activities that are contrary to the law, morality or public order. Those who visit the Website must comply with applicable laws, codes of ethics and codes of conduct, and the general rules for use of the Website. Accordingly, they must refrain without limitation from actions that:
- (a) violate, denigrate or threaten the basic rights and constitutionally recognised public freedoms in international treaties and the rest of the legal system;
- (b) incite criminal, derogatory, defamatory, dishonourable or violent acts or that are contrary to the law, morality and generally accepted good practices or public order;
- (c) provoke, incite or encourage discriminatory actions, beliefs or ideas based on gender, race, religion, faith, belief, age or circumstances;
- (d) contain criminal, violent, pornographic or degrading messages, or that are generally contrary to the law, morality and generally accepted good practices or public order;
- (e) provoke or be likely to provoke an unacceptable state of fear or dread;
- (f) incite practices that are dangerous, risky or injurious to health and psychological balance or provoke such practices;
- (g) are false, ambiguous, inaccurate, exaggerated or improvised, and can be misleading about their subject matter or the intentions or purposes of the person communicating them;
- (h) are protected by intellectual or industrial property rights belonging to third parties, without the Users having previously obtained the necessary permission from their owners for the use that they intend to make of them;
- (i) violate the trade secrets of any third party;
- (j) violate the right to honour, personal and family privacy, or the image of individuals;
- (k) violate the rules of confidentiality of communications;
- (l) contain unlawful, misleading or unfair advertising and are generally a form of unfair competition;
- (m) due to their characteristics (such as format, extension, etc.) cause difficulties in the normal operation of the service or do not comply with the technical requirements or specifications established for access to the Website, or which affect the Website in any way or damage, disable or degrade its services or prevent the normal use of the service by other Users. The User is liable for any damage that ZINIA may suffer as a result of violating any of the obligations stated herein.
ZINIA reserves the right, as it deems necessary, to update, remove or temporarily or permanently restrict the content. Likewise, ZINIA may prevent or deny access to the Website to Users who misuse its content and/or violate the terms and conditions set forth in these Terms of Use. This does not give Users who are denied access the right to claim damages or refunds.
8. Links
The User may find links on this Website to other websites operated by third parties. ZINIA has no authority to control the content of other websites referenced by this Website. ZINIA therefore does not accept any liability or responsibility for any aspect with regard to these third-party websites to which it may be linked, nor does ZINIA guarantee that such links are free from viruses or other elements that may cause damage to the User’s computer systems or files.
Any use of a link or access to any non-proprietary website is at the User’s discretion and risk. ZINIA does not endorse or guarantee the accuracy of any information obtained by or through any link; nor does ZINIA accept any liability for losses, claims or damages arising from the use or misuse of any link, or of the information obtained through a link, including other links or websites. In such a case, ZINIA is not liable for any interruption to the service or access, or for the attempted use or misuse of any link. This shall apply both when accessing the Website and when accessing information on other websites from this Website.
ZINIA accepts no liability or responsibility for the content of third-party websites that may contain or refer to links to this Website, including any opinions expressed on the Website https://www.zinia.com/nl that may mislead the Users of said websites about ZINIA’s services.
9. Intellectual and industrial property
The entire Website is subject to national, EU and international copyright and intellectual property laws. The User acknowledges and accepts that all brands, trade names or distinguishing marks, as well as all intellectual and industrial property rights in the content and/or other elements included in the Website, are the exclusive property of ZINIA and/or third parties, who enjoy the exclusive right to use them. In no case shall access to the Website constitute a waiver, assignment, licence or transfer of all or any portion of these rights, unless expressly stated otherwise. All reproduction rights are reserved, including iconographic and photographic images. The reproduction of all or part of the content of this Website in any medium is strictly prohibited without the express written permission of ZINIA.
10. Applicable law and jurisdiction
These General Terms and Conditions are governed by Spanish law and any dispute that may arise concerning the application, compliance or interpretation of these General Terms and Conditions will be settled with the express acceptance by both parties of the courts and tribunals of the City of Madrid. This is without prejudice to the right of the Users or data subjects to bring proceedings before the courts or data protection authorities of their habitual residence, if applicable.
11. Amendments to these General Terms and Conditions
ZINIA reserves the right to make any changes that it deems necessary to the Website and to the information contained therein and to the configuration, presentation and access conditions. All of the above is subject to change without notice.
Access to or use of the Website after any updates to these General Terms and Conditions shall be considered to indicate acceptance of the updated version. Users who do not accept these General Terms and Conditions or any subsequent updates shall not be permitted to access and use the Website.
Your web browser may generate a cached copy of this page so that the pages displayed by your browser do not correspond to the most current pages, but to the pages that have been cached. To avoid this problem, we recommend that you refresh the web page from the browser when you open ZINIA.
12. Data protection and cookie policy
These General Terms and Conditions apply to the use of the Website. By accessing and using the Website, the Users accept that ZINIA is responsible for the processing, collection, handling and use of their personal data to which we have access as a result of their use of the Website, or that they provide to us as Users. This processing is performed in line with our Privacy Policy and with a view to managing the proper functioning of the Website and the offering of our products and services to you. Please read our Privacy Policy and Cookie Policy carefully for more information about the personal data that will be collected and processed, as well as the purposes of this processing and the rights you can exercise if necessary.