1. SCOPE AND PURPOSE
2. GENERAL DESCRIPTION OF THE WEBSITE
2.1. tramadolsurvey is a website that offers the User the chance to obtain a series of points, with no charge and in accordance with the current ‘points Catalogue’ available on the website at any time. points are obtained by accessing, viewing, reading, completing and in general, interacting with content and/or brand advertising tools and/or third parties available through the website. points can be exchanged for various physical and/or virtual products in accordance with the current ‘Prize Catalogue’ published on the website, which shall indicate the date from which it is valid.
2.2. Hereafter, the functionality of the website shall be called the Service.
2.3. Access to the website and the use of it under the terms set forth in the present terms and conditions of use is free. Where any uses and/or activities of the website are not free, MILLEY LIMITED shall give prior, visible notice of the price of the activity and the corresponding payment method.
3. REGISTRATION PROCESS
3.1. To access the Service, you must register through the registration page of the Service and complete the corresponding digital form.
4. CONDITIONS OF USE OF THE SERVICE
4.1. By registering to use the Service, the User expressly agrees that the Service is provided solely for his/her personal use and may not be used for economic or commercial purposes without prior written authorisation from MILLEY LIMITED. Moreover, no individual user may have more than one account for accessing the Service. Should such a case arise, MILLEY LIMITED reserves the right to cancel these accounts and cancel any corresponding points accumulated.
4.2. Commercial entities, except as expressly provided for under these Terms and Conditions of Use, are prohibited from registering with and/or using the Service. Similarly, the Service may not be used by private individuals who, either on behalf of commercial entities or for professional reasons, intend to use the Service for commercial, advertising, promotional purposes or for any other financially motivated activity.
4.3. The Service may only be accessed by persons over fourteen (14) years old. Therefore, by accepting these Terms and Conditions of Use, you guarantee that you are not under fourteen (14) years old, and accept full responsibility for this statement.
5. OPERATION OF THE WEBSITE
A) ACCESS TO CONTENTS
5.1. The website offers the User, directly or by link, a diverse variety of contents –including but not limited to-, banners, photographs, images, videos, written texts, advertisements, questionnaires, applications and/or tools, games, etc. (hereinafter the Contents) which have the general purpose of advertising or promotion and have been generated by and/or for the benefit of third-parties, and are not the property of MILLEY LIMITED.
5.2. MILLEY LIMITED declares and the User acknowledges that MILLEY LIMITED acts solely as an intermediary with respect to the Contents which, directly or by link, are available through the website owned by MILLEY LIMITED. The Contents have been developed, managed and provided by third parties, who are solely responsible for them.
5.3. Access to certain Contents may be restricted by the respective owners for certain users, such as minors or those who do not meet certain criteria (e.g. residents of countries other than those in which the content is offered). MILLEY LIMITED shall simply comply with the contractual instructions set forth by the owners of the Contents.
5.4. Therefore, MILLEY LIMITED only offers the User access to the Contents, whether directly through the website or indirectly through a link that redirects the user to the third-party website or other platform, belonging either to the advertiser or another intermediary party.
B) OBTAINING points
5.6. Accessing, viewing, reading, completing, gaming or any other activities described on the website with respect to each of the Contents shall earn the User points, as detailed in the points Catalogue which MILLEY LIMITED makes available to the Users at all times on the website and which is always visible and with the date of the latest edition.
5.7. Contents credit or may credit different amounts of points to the User according to the criteria, materials, objectives, time spent or any other factor, as described in the points Catalogue.
5.8. The points Catalogue may be updated at any time by MILLEY LIMITED. The current version shall at all times be that published on the website and shall be valid from the date of the latest update. However, MILLEY LIMITED undertakes to provide sufficient information through the website on any amendments to the points Catalogue.
5.9. points shall, in general, be automatically credited to the User’s account through the My Account section of the website which the User can access at any time. Nevertheless, MILLEY LIMITED shall have a period of 48 hours from when the User performs the action that generates the points to them being credited to the User’s account.
5.10 Any User who does not agree with the balance of points published in the My Account area of the website, must notify MILLEY LIMITED no later than thirty (30) calendar days after the action that generates the points in question. After this period, the balance shall be presumed correct and the User may no longer request a correction to the balance.
C) EXCHANGING points: PRIZES
5.11. MILLEY LIMITED shall make a catalogue of prizes -called “Store”- available to the User at all times on the website, which shall expressly and adequately detail the gifts/prizes redeemable for points and the amount of points required in each case and, where necessary, any further conditions for acquiring the gift/prize, such as the address and method of shipment, time limits, etc.
5.12. MILLEY LIMITED declares that the gifts/prizes for Users are made available to MILLEY LIMITED by third-party suppliers. Therefore, the exchange of points for prizes is entirely subject to the third parties making the prizes available. As such, MILLEY LIMITED shall not be responsible for the inability to exchange points for a specific prize in the Store due to its unavailability, nor shall the User be indemnified or entitled to compensation in cash. Nevertheless, MILLEY LIMITED shall endeavour, to the extent possible, to replace those products or services which are not available with other similar goods or services and which represent a similar cost for MILLEY LIMITED.
5.13. The User may therefore exchange the corresponding amount of points for the gifts/prizes listed in the Store, provided they are available as set forth in Section 5.12. The User may do so from the moment in which the points have been activated in the User’s Account, as available and accessible on the website through the “My Account” section.
5.14. points shall under no circumstances be refundable or redeemable for real money or for any other prizes or goods that are not in the Store at the time that the User exchanges points, even if the User wishes to close the Account.
5.15. points accumulated in the personal account of the User may only be exchanged by the User in accordance with the present Terms and Conditions of Use and the terms set out by MILLEY LIMITED on the website.
5.16. points are personal and non-transferable and under no circumstances may they be given or sold to a third party, regardless of whether the third party is a User of the website. Notwithstanding the above, in the event of the death of the User, the points may be transmitted as part of any inheritance in accordance with applicable legislation. Similarly, in cases of separation or divorce, applicable legislation shall apply.
6. USE OF SERVICE: RIGHTS AND OBLIGATIONS OF THE USER
6.1. The User is entitled to access the gifts/prizes which may be offered on the Store in exchange for points, in accordance with the current points Catalogue and Prize Catalogue in force at the time, in the former case, at the time of the action that resulted in the credited points and, in the latter case, at the time of exchanging the points – and to exchange points for gifts/prizes under the terms set out in Clause Five above.
6.2. The User shall be entitled to request a review of the points credited to the User’s Account under the terms and within the deadlines established in Clause 5.10 above.
6.3. The User shall be entitled to inform MILLEY LIMITED of the existence of any inappropriate or unlawful content and to request that it be removed from the website, provided there is justification for such a request. MILLEY LIMITED may accept or dismiss the request, although it shall in any event be obliged to respond.
6.5. MILLEY LIMITED reserves the right to cancel an Account when no activity is recorded during a period of ninety (90) days or more, and after informing the account holder with at least twenty (20) days advance notice. In such a case, the User shall have a period of fifteen (15) days from the notification to redeem the points. Once this period has elapsed without the points having been exchanged, the User shall no longer be entitled to redeem the points.
6.6. Similarly, MILLEY LIMITED reserves the right to take all measures set forth in Clause 8 herein in the event of misuse of the website and, in general, in the event of a breach of the obligations contained in the present Terms and Conditions of Use.
7. DISCLAIMER AND LIABILITY RELEASE
7.1. In general terms, MILLEY LIMITED’s legal responsibility and liability is governed by the corresponding clause in the Legal Notice.
7.2. Notwithstanding the above, with respect to the provision of the gifts/prizes, MILLEY LIMITED acts solely as an agent and/or intermediary for a third party. These third-party companies shall be identified accordingly in the Prize Catalogue in the ‘My Store’ section.
7.4. Consequently, MILLEY LIMITED shall only be held responsible for damages or losses arising from the failure to meet the terms of an offer by suppliers (or any part thereof) where such damages are due to MILLEY LIMITED’s negligence or wilful misconduct. In all other cases, the User acknowledges that the responsibility corresponds to the third-party supplier, holding MILLEY LIMITED harmless from all liability and expressly waiving any claims or judicial or extrajudicial actions against MILLEY LIMITED for circumstances other than those of its negligence or wilful misconduct.
7.5. Where MILLEY LIMITED may be held liable as a result of the company’s negligent or criminal activity, such liability shall be limited to:
(i) The amount in cash equal to the value of the gift/prize acquired by the User.
(ii) The return of the points exchanged by the User for the corresponding prize.
7.6. Under no circumstances shall MILLEY LIMITED be liable for loss of potential income or other direct or indirect damages that the User may suffer.
7.7. Similarly, MILLEY LIMITED shall not be liable for any losses or damages incurred by the User after having been redirected to another web page or third-party platform and in relation to the contents of said web page or platform. In such cases, the owner of the web page, platform and/or support shall be solely responsible for any incident that may occur from the time the User accesses it.
7.8. MILLEY LIMITED shall not be held liable in any way in cases where the User has made inappropriate use of the website in accordance with the terms contained in Clause Eight below.
7.9. Any corresponding fiscal liabilities relating to the gifts/prizes or related services shall be borne by the corresponding party in accordance with applicable law.
8. MISUSE OF THE WEBSITE
8.1. Any use of the website or points contrary to the Terms and Conditions of Use of the Service or the Legal Notice will be considered a misuse of the service and consequently a breach of contract by the User.
8.2. In such cases, MILLEY LIMITED reserves the right to provisionally delete, cancel, withdraw, suspend or block, immediately and without prior notice, the User Account. It may also decide not to allow the points to be redeemed for prizes. Similarly, in such cases, MILLEY LIMITED reserves the right to refuse and/or cancel any reservations or exchanges made in the User’s name, and cancel any points remaining in the User’s Account or that have been credited to the User.
9.1. MILLEY LIMITED reserves the right to modify, alter or replace, at any time, the present Terms and Conditions of Use of the Service. It also reserves the right to withdraw, modify or extend at any time the points Catalogue and/or Awards Catalogue, as well as the conditions of operation of the Service, including the methods for obtaining and exchanging points. MILLEY LIMITED may also add any requirement or restrictions regarding the procedures contained in the present Terms and Conditions, and increase or decrease the number of points obtained with each action or that are necessary to obtain any prize.
9.2. Notwithstanding the above, these changes shall be posted on the website by means of updates to the present Terms and Conditions or points and Prizes Catalogues and shall take effect from the moment in which the update occurs, and wherever possible, shall be notified by MILLEY LIMITED on the website as visibly as reasonably possible.
10. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
10.1. MILLEY LIMITED is the sole holder or grantee of -or holds the necessary licenses and/or authorizations to exploit- the intellectual and/or industrial property rights for the website and all its content (including but not limited to photographs, videos, documents, texts, virtual materials and/or audiovisuals, graphics, drawings, designs, etc.), as well as trademarks, logos, brand names or any distinguishing signs or symbols, software, applications, utility models or databases that are or have been part of it at some time.
10.2. Under no circumstances shall the access and use of the website constitute the waiver, license, full or partial transfer or license of any kind for the use, reproduction, publication, dissemination, disclosure and/or processing of the website or its contents, nor of the corresponding intellectual and/or industrial property rights.
10.3. Similarly, it is not authorized in any way to modify, copy, reuse, exploit, reproduce, publicly broadcast, republish, upload files, email, transfer, use, process or disseminate in any way all or part of the contents on the website without the express written permission of MILLEY LIMITED or where applicable, the holder of the corresponding rights.
11. ACCEPTANCE AND UNDERSTANDING OF THE TERMS AND CONDITIONS
11.1. The User expressly agrees and acknowledges that he/she is fully aware of and understands all the contents of these Terms and Conditions of Use and that, knowing and understanding them, expressly accepts them without exclusion or limitation of liability.
11.2. The User acknowledges that, barring any amendments to the present Terms and Conditions of Use, which will be duly published on the website and which shall take effect from the date of amendment, these Terms are valid for each and every use of the service performed by the user and by subscribing to the service, the User is bound by the Terms for the duration of the relationship with MILLEY LIMITED, and as such may not claim to be unaware of the content or operation of the Service with respect to any future use of the Service while the present conditions remain in force.
12. ENTIRE AGREEMENT AND SEVERABILITY
12.1. The Terms and Conditions of Use constitute the complete and exclusive agreement between MILLEY LIMITED and the User in relation to the Service and supersede, broaden and replace any prior agreement entered into between the parties relating to the Service.
12.3. The present Terms and Conditions are to be applied in full, however, should any one of the terms herein be null or void, all remaining terms shall remain in full force and effect for the relationship between MILLEY LIMITED and the User.
12.4. The Terms and Conditions of Use have been published in several languages and each copy is equally valid and authentic. However, should any doubt, claim or dispute arise over the execution or implementation of the contract, the Spanish version shall be the only one taken into consideration.
12.5. Unless otherwise established in the present Terms and Conditions of Use, all lists, details, specific cases or items are cited merely as examples and are not exhaustive. Specific cases are included within generic areas as examples only and are similarly not exhaustive.
13.1. The User may contact or notify the company via email or postal mail to the address contained in Clause 1 of the Legal Notice. However, to guarantee the sending and, where necessary, receipt of notifications, any means of communication that verifies the completeness of content and its receipt shall be adequate.
13.2. MILLEY LIMITED may also contact or notify the User using the email address provided during the registration process, and the User is entirely responsible for the accuracy or correctness of the email address provided. As such, and in using the aforementioned address, MILLEY LIMITED shall have complied with any obligation to notify.
14. APPLICABLE LEGISLATION
14.1. The parties renounce any other jurisdiction to which they may have recourse to resolve any dispute over the subscription, validity, existence, interpretation, execution, compliance or termination of this Agreement and submit to the jurisdiction of the Courts of Bilbao, Spain.