terms of use

The following terms and conditions must be accepted and fulfilled by all users of the service offered by truequi.com, for this reason IF YOU DO NOT AGREE WITH ANY OF THE TERMS STATED HERE, YOU MUST NOT USE THE SITE NOR MAKE ANY EXCHANGE WITH ANOTHER USER ON TRUEQUI.COM. If you register with truequi.com you are expressly accepting all of the terms and conditions herein and you accept that you make exchanges of objects in agreement with the same.

The website truequi.com is owned by aurea webdesign Ltd.

aurea webdesign Ltd is duly registered on the Asturias Commercial Register (Registro Mercantil de Asturias, España) Volume 3681, Book 0, Folio 70, Page AS-37789, and the company’s fiscal registration number is B74223744.

The following Disclaimer regulates the access and use of the truequi.com website, belonging to aurea webdesign Ltd, registered to Calle Martinez de vega 6 - 2i, in the city of Mieres (33600) – Asturias, Spain.

Preliminary Notes:

  • Only those users who fulfil the requirements outlined in Point 1 will be able to register.
  • Exchanges shall be made according to the rules established in Point 5.
  • It will not be possible to exchange objects contrary to that which is set out in Point 6.
  • Registered users must accept these terms of use in their entirety in order to be able to use truequi.com.

1. REGISTERED USERS

1.1 A user shall be any person who has legal capacity to act. Through this platform, users commit to bartering or exchanging physical objects, which must be carried out by them, which means that everybody who uses the infrastructures offered by truequi.com must be fully capable of transacting.

1.2 Consequently, neither minors nor older people without full legal capacity to act can register. truequi.com reserves the right to suspend or cancel the accounts of minors or of legally incapacitated persons, in either an indefinite or permanent manner, or until they fulfil the legally established requirements and/or these terms of use.

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2. SERVICES OFFERED BY TRUEQUI.COM

2.1 truequi.com is a platform which offers tools that help registered users exchange objects. truequi.com and aurea webdesign Ltd cannot be considered, under any circumstances, an intermediary or mediator, nor to be involved in any way in the transactions carried out by registered users on truequi.com, and as such, it cannot be held responsible for the legal acts carried out by the website users in any case.

To all intents and purposes, truequi.com is a meeting point for people who wish to exchange objects, and it offers tools to facilitate these exchanges, though it cannot be considered as an intermediary, agent or mediator of said act at any time.

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3. SECURITY

3.1 As a consequence of the way the Internet functions, truequi.com cannot verify the identity of its registered users, nor the personal details provided by them. Even though the user assumes the risk of another website user breaching their contract, truequi.com has certain systems designed to offer greater security and trust for the user, among which is the voting and reputation system, set out in point 6 of these Terms of Use.

aurea webdesign Ltd will lend every possible support to the judicial authorities to avoid injuries or infringements from third persons or, once they have occurred, to pursuing them.

3.2 truequi.com is concerned with the security of the transactions carried out by its registered website users, and as such has put in place measures to increase users’ confidence, among which are the use of secure data communication protocols, the privacy of the transactions and the data provided by users, which will be handled according to what is established in the Privacy Policy.

3.3 In the future truequi.com shall be able to incorporate improved technology, which will increase the security of its services and the agreements reached through its infrastructure, and in particular, it will be able to put systems in place for signing transactions electronically, as well as generating authenticity certificates, which will have the purpose of offering greater legal security to users of this website. On the assumption that truequi.com decides to incorporate additional security measures, these must be accepted unconditionally by the registered users, and used according to the instructions given at the time by truequi.com.

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4. INFORMATION

4.1 The registered user confirms that all of the information and/or contents which he/she provides in any of the sections of truequi.com are genuine, true, accurate and has the authorisation of its rightful owner. In particular, the registered user guarantees to:

  • a) Provide his/her genuine name and surname, postal address and a valid e-mail address, to which they have access; the use of pseudonyms is not permitted other than in the username.
  • b) Publish accurate and truthful information about the objects that are offered for exchange.
  • c) Not to use images, videos, graphics or content that is in general subject to protection under image, intellectual or industrial property rights, without the mandatory authorisation from the rightful owner.
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5. CONDITIONS OF THE EXCHANGES MADE BETWEEN TRUEQUI.COM USERS

5.1 Through truequi.com, registered users will be able to publicly offer objects they own to exchange them for articles that belong to other users of the website. Once two registered users agree to exchange the offered objects, both must make the exchange respecting the rules stated in section 5.2. Failure to adhere to any of these rules and/or to the legal standards will be considered a breach of contract, which will allow the injured party and/or truequi.com to take the appropriate actions against the offender.

5.2 The registered truequi.com users commit to carrying out the exchange of objects according to the following rules:

  • a) All exchanges must be made in accordance to these Terms of Use.
  • b) Users who have reached an agreement to exchange commit to:
    • a. Agree on the conditions which will result in the delivery of the exchanged object, whether it is through a face to face meeting or by sending the object using a public or a private messenger.
    • b. Exchange or send the offered objects within 5 days of the agreement being made through truequi.com.
    • c. They each must assume the costs that can be incurred through the sending of the exchanged objects. If it is not agreed to the contrary, each user will have to satisfy the costs incurred by the object offered by them on truequi.com.
    • d. Deliver the object in the condition it was offered in, the same quantity, quality and state as was advertised on truequi.com
    • e. Keep the other user informed at all times about the remittance of the offered object, including the day it was sent and the means, in addition to, if agreed by the users, both parties providing copies of receipt or proof that the object was sent.
    • f. Vote on the user with whom the exchange was made, according to what is stated in point 7 of these Terms of Use.
  • c) A user who has received an object in accordance with these Terms of Use cannot demand the return of the object offered by him/her, without prejudice to any agreement to the contrary made between the parties.
  • d) The user who has delivered an object that contravenes any of the rules established here commits to taking back the object received if requested to do so by the person who made the exchange, and must pay in full any costs that may be incurred.
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6. EXCHANGEABLE OBJECTS

6.1 Users are only able to exchange objects which belong to them or those they have authorisation for from the rightful owner, and whose transfer from their owner will be legal according to the standards set out in Spanish law. For this reason, it will not be possible to offer on truequi.com (and therefore be objects for exchange) any objects which are stolen, illegal or those which are under SURVEILLANCE or require administrative or legal AUTHORISATION.

6.2 The exchange of goods that fulfil any of the following characteristics, among others, will not be permitted:

  • 1. They are stolen.
  • 2. Full ownership of them is not proven.
  • 3. They, in any way, infringe any intellectual property rights, patents, brand, industrial secrets, or other property, publicity or privacy rights of third persons.
  • 4. They are falsified.
  • 5. They violate the fundamental rights of people to honour, privacy and image of third persons.
  • 6. Their transfer would require administrative, or any other sort of, authorisation.
  • 7. They violate laws, regulations, decrees or in general any rule under Spanish law.
  • 8. They contain images of child pornography.
  • 9. They contain viruses, malware, spyware, or any other computer programme that could cause damage in any way to the computer that the person installs it on.
  • 10. They are pornographic or obscene.
  • 11. That due to its nature, truequi.com and/or aurea webdesign Ltd. could incur responsibility of any kind.

Through the truequi.com infrastructures, registered users can only exchange, or agree, in any form, to exchange physical objects; they are not permitted to exchange services, immaterial goods, intellectual property rights and in general anything that does not have a physical, material form.

If you believe that your rights are being violated on the truequi.com website, please get in contact with us through the following web page: https://truequi.com/sub/contact/

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7. VOTING

7.1 The truequi.com users, once they have completed the exchange, will have to vote on the user with whom they have exchanged an object, rating their communication, treatment, care, etc. With the object of promoting trust between users, the vote is mandatory, and as such the system will remind users that they have to vote once they have finished the exchange. Users can only award negative votes when the user with whom they made the exchange has not fulfilled any of the conditions established in these Terms of Use.

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8. COMMUNICATION WITH USERS

The owner of truequi.com reserves the right to make communications of any nature with the website USERS, respecting, at all times, data protection and privacy issues established by the current laws, as well as offering the USERS the possibility of not receiving these internal communications, by expressly requesting it on the following web page: https://truequi.com/sub/contact/

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9. ADVERTISING

9.1 truequi.com reserves the right to incorporate advertising into the website, it may be in any form and through any means (whether through pop-up windows; embedded in the website; audio or audio visual; relating to the products being offered on the page that features the advertisement, etc). truequi.com reserves the right, in any form, to develop the site in whichever way it sees fit, in which case it would be able to tell its registered users about any change in the service that may be produced by the introduction of any type of development of these infrastructures.

9.2 truequi.com cannot be used by its users to advertise, or offer in any form, goods or services outside of the terms reflected in Point 1. In the event that truequi.com believes that a user is using its infrastructures for purposes differing from those set out in these terms of use, this will result, at the full discretion of truequi.com, in the suspension or cancellation of the offending user’s account. truequi.com will take into account the damages that this measure will cause to other users and act in a manner that harms these other users as little as possible.

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10. INTELLECTUAL PROPERTY

10.1 The publication of texts, images, videos, as well as any other information or element subject to protection by the laws of current intellectual property rights, the user concedes to truequi.com and its owners a non-exclusive authorisation, without territorial or time limitation or consideration, and with the power to transfer to third parties for the development of said contents published in and by truequi.com. truequi.com will be authorised to exploit said contents according to these terms and conditions, and it is authorised equally to use said elements to publicise truequi.com or any of its services by any means.

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11. API

11.1 truequi.com will be able to provide its registered users with an Application Programming Interface in order that certain services of the website can be enjoyed from other platforms. In such a case, the user shall only be able to disseminate in any other website the information provided by him and contained within truequi.com, and it is not permitted to redistribute the contents of truequi.com on a massive scale, neither is the use of another user’s contents for personal use, whether personally or through others.

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12. RESPONSIBILITY

12.1 truequi.com offers a platform where its users can exchange objects, therefore neither truequi.com nor aurea webdesign Ltd can be considered part of the transaction. AT NO TIME CAN TRUEQUI.COM OR AUREA WEBDESIGN LTD BE HELD RESPONSIBLE, EITHER DIRECTLY OR INDIRECTLY, FOR ANY BREACHES OF ANY NATURE MADE BY USERS OF THE SERVICE.

12.2 Neither truequi.com nor aurea webdesign Ltd will be responsible for the loss of income, or in general, any other prospect of gain, or any property or moral damage that may be suffered by a user through the use of the infrastructures of truequi.com. Users of the web service do so at their own risk, assuming the damages they may suffer through the failure of other truequi.com users to comply with these regulations.

12.3 truequi.com will not be responsible at any time for payments of any type that may be generated by the transactions agreed by the website users, whether for the costs of sending the exchanged objects, for administrative costs, for customs or government taxes. The user will be, at all times, responsible for fulfilling all of the obligations that occur through the exchanges agreed on truequi.com.

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13. PRIVACY

13.1 Registered users must provide certain personal information to truequi.com, which is governed by that which is set out in the Privacy Policy.

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14. GENERAL

14.1 Registered users are committed to respecting equally that which is set out in the Disclaimer, as well as the current legislation.

14.2 The owner of truequi.com reserves the right to modify, limit or cancel the conditions at any time, as well as any disclaimer, guideline, regulation of use, privacy policy, etc, respecting, at all times, the current legislation. The new conditions will apply to the users fifteen (15) days from the point which they are accessible in the truequi.com domain. The owner of truequi.com recommends consulting the Conditions of Use periodically in order that the users are aware of all of the applicable terms, even though it has been decided unilaterally and by any means (for example by email or a similar medium) to notify the users of any substantial change in these conditions.

14.3 The conditions set out here are subject to current Spanish law. For any type of dispute coming from the use of services offered or from the content of the portal, the parties are subject to the jurisdiction and the competence of the authorised tribunals in the place where the dispute takes place, or any other tribunals as established by the current applicable legislation at the time.

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