Date of latest modification: 1 March 2016 (Version 1.0)
tatchi is a proximity App that allows you to contact and interact with people you know on social networks, people you don’t know but who share a goal or have the same interests as you, or with objects, trademarks, shops or products of interest in the proximity.
tatchi belongs to Nemesis Ventures, S.L., with Tax ID Code B-19306745 and registered office at Solán de Cabras 8, Guadalajara (Spain). It is registered in the Mercantile Register of Guadalajara, in volume 593, book 0, folio 5, sheet GU-9540, 1st entry.
3.1. In order to activate and sign up to the App you need to enter your mobile telephone number and verify it by entering the activation code you receive by SMS.
3.2. You, as user, undertake to give accurate information and not to use other people’s information to activate the application, nor to activate an account for someone else without their permission.
3.3. You undertake to update your information immediately if you change or deactivate your mobile number.
3.4. Consulting or downloading the mobile application does not imply the assignment by tatchi of any rights whatsoever.
5.1. Trust: tatchi is based on the trust of all the Parties that use it, both the trust between users who interact with each other and the trust that tatchi places in its users’ behaviour, by assuming that they will act in a lawful manner.
5.3. Good faith and legality:: you, as user, will use the services and tools provided by tatchi in good faith, abiding by the Law at all times. This means that you will not, amongst other things, use the App to: i) act contrary to or avoid complying with the legislation in force; ii) act in a fraudulent or criminal manner; iii) damage the rights and fundamental freedoms of other users, third parties or tatchi itself, and, in particular, those of minors or persons subject to special protection; iv) disrespect the dignity of individuals; v) infringe the intellectual or industrial property rights of third parties; vi) insult, slander, defame or publicise information about third parties;
5.4. Security: you will avoid using the means that tatchi puts at your disposal in an abusive manner. You are expressly prohibited from using the app for: (i) sending unsolicited commercial communications (spam); (ii) pyramid or chain marketing; iii) sending viruses or malware; iv) using any mechanism or tool that might damage or undermine the functionalities of tatchi.
6.1. If you think that a particular action breaches one or more of tatchi’s Basic Principles, you can inform tatchi either by using the App’s notification services, or by sending an email to: email@example.com.
6.2. In these cases tatchi can adopt the necessary measures, such as excluding the user from the App, without prejudice to taking the relevant legal action.
6.3. If it comes to tatchi’s knowledge that a user or users are using the application to send publicity or offer unsolicited services, it reserves the right to block them without the need to inform said user in advance.
If any of the tatchi’s Services cease to be free of charge, you will be informed before you use them. You will have to pay for said service in the form indicated in order to be able to continue using it. Failure to pay will prevent access to the functionality for which payment is necessary.
8.1 Tatchi is the exclusive holder of all the intellectual, industrial property and domain names relating to the mobile app and to the related website, both in relation to design, computer programs, trademarks, and the actual content, for which reason their use by unauthorised persons is expressly prohibited. The reproduction of the contents of the App by deleting the trademarks, symbols or identifying elements of the App is expressly prohibited, as is its reproduction, distribution or public communication (including making it interactively available) and any commercial use of the Application or its content without the express authorisation of tatchi.
8.2 The App may contain hyperlinks to third party websites or applications. tatchi does not accept any liability for the content, information or services that appear on said websites or applications, which will only be provided for information purposes and under no circumstances imply any relationship whatsoever between TATCHI and the persons or companies that own said content or websites and/or applications wherever they may be. Said websites or applications may have their own conditions of use that should, if applicable, be accepted by the user.
10.1. tatchi does not guarantee the uninterrupted or error-free functioning of the App, and unavoidable cuts or errors in the Services outside tatchi’s control may occur, the user releasing tatchi from any liability for said interruptions or errors.
10.2. tatchi likewise reserves the right to suspend access to the App or any of the Services, without prior notice, on a discretional and temporary basis, for technical or any other reasons, and may also unilaterally modify the conditions of access.
11.1. tatchi has security systems designed to protect the content of the mobile application. As user, you are aware that there is no such thing as 100% protection of computer systems, so you release tatchi from any liability in relation to it.
11.2. neither does tatchi absolutely guarantee the absence of viruses or other harmful elements that might cause damage or alterations to your computer system, electronic documents, files or mobile. Consequently, tatchi does not accept responsibility for any loss or damage that said elements might occasion you or third parties.
12.1. tatchi is simply an intermediary that allows you, as user, to contact or interact with persons, products or services that are in your vicinity and may be of interest to you. For this reason, it will not be liable for damages of any kind (including, but not limited to, consequential damages, loss of earnings, interruption of business, loss of information or any other pecuniary loss) resulting from users’ activities of any kind as a consequence of using the App.
12.2. tatchi cannot control whether the App is being used correctly; therefore the access and appropriate use of the App are the responsibility of the person who performs these actions, and tatchi shall not be liable for any incorrect, unlawful or negligent use by the user.
12.3. You accept full responsibility for choosing and using the App and its content. You acknowledge that tatchi: (a) has no control or liability for the way in which the App may be used or the content provided; (b) has no knowledge of the specific circumstances in which you use the App or the App’s tools; (c) has no obligation to complement or update the App, the Services or content.
12.4. You agree to indemnify tatchi and hold it harmless against any claims, suits, proceedings, costs, legal fees, etc. arising from your activities when using the App.
12.5. If tatchi is ruled to be liable in any claim brought by a user, its liability shall be limited to the amount paid by the latter for the Service subject matter of the claim.
For any queries related to the use of the application, you can contact us at the postal address given in point 2, or via email at: firstname.lastname@example.org.
Content may not be submitted to tatchi, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.