Legal terms and conditions

1. Identification

 You are visiting the TOPPIN application, owned by TOPPIN GLOBAL COMPANY S.L, C/ALGEPSERS con N.I.F. B16886756, PUERTA 1, 46980 PATERNA, VALENCIA, hereinafter THE HOLDER/TOPPIN/THE OWNER.

You can contact us by any of the following means:

Contact e-mail: support@topping.es

 

2. Acceptance of our terms of use

 These conditions are intended to regulate the use of the application that TOPPIN makes available to the public. Access and / or use of this application gives you the status of USER, by which you accept, from such access and / or use, the general conditions reflected here.  The violation of any of these terms will imply that we may close your account. Please read these conditions carefully and, if you do not agree with them, do not use our service. The terms contained herein as well as in the rest of the texts of our application may be subject to change, you should consult these periodically. In case of material changes that may affect the rights and obligations of the user, prior notice will be given unless it is not possible according to current regulations.

The aforementioned conditions shall apply regardless of the general conditions of contracting that may be mandatory from the time the user makes a payment through TOPPIN.

In order to use TOPPIN, you must be of legal age according to current legislation. Minors under this age are not authorized to use our services and should not, therefore, send us their personal data. We inform that if such a circumstance occurs, TOPPIN is not responsible for the possible consequences that may arise from the breach of the notice that this clause states.

 

3. TOPPIN account

 To create your account you can log in in several ways:

  • Through your Facebook account. In this case we may access and use certain information from that account. If you want to know more about the treatment of your data, you can consult our privacy policy posted on this page. However, we must inform you that the link you have with third parties must be resolved directly with them.
  • In this case, we may access and use certain information from your Google account. If you want to know more about the treatment of your data, you can consult our privacy policy exposed on this page. However, we must inform you that the link you have with third parties must be resolved directly with them.
  • Through an email account creating an exclusive profile.

You will be responsible for maintaining the secrecy of your access credentials as well as for the actions carried out using them. In case you believe that you have suffered a theft, identity theft or illegitimate use of your account and credentials, please contact us immediately through the means of contact set out in paragraph 1 of this text..

 

4. Account cancellation.

TOPPIN may make changes to the application in order to improve the service. In case you do not agree with the new conditions or functionalities, as well as when you no longer want to use our application, you can, from the settings menu, proceed to cancel  your account. In case of cancellation, you will lose all the information and you will not be able to recover it and you will have to create a new account if you want to use our application again.

In turn, we inform you that TOPPIN may cancel your account at any time and without notice if it considers that you have violated these terms or any of those set out in the other legal texts included in this application. In this case you will not receive any refund for purchases that have been made through our application.

 

5. Security

TOPPIN is not responsible for interaction between users. In the event that such interaction is contrary to applicable law or good faith and occurs within our application, you may contact us immediately so that we may proceed to terminate the offending user’s account. However, we inform you that TOPPIN is not responsible for the conduct of any user inside or outside the Service. You agree to act appropriately in all interactions with other users. We inform you that you will be solely responsible for the relationship with other users and the information you provide to them. Your profile is fully customizable and you can choose what information is made public and what is not. From TOPPIN we emphasize the importance of not disclosing sensitive information or that could generate damage to your person.

 

6. Accuracy of information

 You warrant to us that all information provided is accurate and truthful. TOPPIN may monitor and investigate any Content you post on the service if it may be unlawful, suspicious or contrary to social usage. We may remove any content, in whole or in part, that in our sole discretion violates this agreement or may damage the reputation of the service. You should be aware that TOPPIN may access, store and disclose your account information and content within the application in accordance with the level of advertising you have selected. Although TOPPIN reserves the right to review and delete the content commented, such content is your sole responsibility and we cannot guarantee an exhaustive and continuous control. In any case we guarantee that our response will be immediate in case you send us a complaint or notification for these reasons through the means that we make available.

The Holder has contracted an SSL («Secure Sockets Layer») certificate for its application. An SSL certificate protects all personal and confidential information that may be handled in this application, regardless of the information being transmitted, such as from any of the application’s contact forms to the server, or data entered for newsletter subscriptions or access to protected areas, etc.

 

7. Rules of our application

TOPPIN provides access to a multitude of information, services, programs or data (hereinafter «content») belonging to THE HOLDER or its licensors to which you can access.

The user assumes responsibility for the use of the portal. This responsibility extends to the registration that was necessary to access certain services or content. In such registration you will be responsible for providing truthful and lawful information. As a result of this registration, you may be provided with a password for which you will be responsible, committing yourself to make diligent and confidential use of it.

You agree to make appropriate use of the content and services (e.g. chat services, discussion forums or newsgroups) that THE HOLDER offers through the application. By using our service, you agree not to use it for any purpose that is unlawful or prohibited by this Agreement. Without limitation, you agree not to engage in the following actions:

  • Incurring in illicit, illegal or contrary to good faith and public order activities.
  • Disseminate content or racist, xenophobic, pornographic-illegal, advocacy of terrorism or against human rights.
  • Cause damage to the physical and logical systems of TOPPIN, its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage.
  • Attempt to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages.
  • Use the application or the information contained therein for commercial, political, advertising and for any commercial use, especially in sending unsolicited emails.
  • In general, any other unlawful or prohibited purpose, especially when your account has already been terminated by us for any of these reasons.

THE HOLDER reserves the right to remove any comments and contributions that violate the respect for the dignity of the person, which are discriminatory, xenophobic, racist, pornographic, that violate the youth or childhood, order or public safety or that, in his opinion, are not suitable for publication. In any case, THE HOLDER shall not be responsible for the opinions expressed by users through forums, chats, or other participation tools.

 

8. Data protection

 Everything related to the data protection policy is included in the privacy policy document.

 

9. Purchases

 9.1.Prices

You can make purchases through our application either to subscribe to a paid account or to purchase power sweet or other features that we offer and you wish to acquire. The prices indicated for each service will be expressed in the Euro currency (€) and, unless otherwise indicated, they include the legally applicable taxes (Applicable VAT). The use of this application as well as any purchase made in it is considered made in Spain, and therefore subject to Spanish laws and regulations in force, where applicable, without prejudice to the legislation that may be applicable according to the condition of the consumer.

 

9.2. Purchase process and payment method

The purchase process is very simple. You will only have to the option you want to purchase an you will get a paid subscription or change the one you have contracted. The same will be applicable when you want to purchase a virtual item such as power sweets. It will not be necessary in any case to enter data as these already appear in the profile through which you make the purchase. Whenever the purchase process is done through TOPPIN and not third parties, you must accept the general conditions of contracting included in this section.

The purchase will be made through the relevant payment provider, and the method of payment may be by credit card through a third party account, such as the Google Play Store or the App Store. Payment of the price is made at the time of purchase.

Invoices and payment confirmations will be sent by the payment provider. If you do not receive it, you can contact us and we will try to solve the problem. .

From the moment the payment is confirmed, you will be able to make use of the advantages of the subscribed payment account or apply the virtual item you have purchased. If after the purchase you do not receive the confirmation email or the change made or the item mentioned is not properly reflected in your profile, you can contact us at any time to solve the problem.

 

9.3. Types of subscriptions

Although you can use our service completely free of charge, TOPPIN gives you the possibility to obtain better benefits depending on the subscription you choose:

  • Best offer: 6 months.
  • Most popular: 3 months.
  • Monthly payment: 1 month

 

TOPPIN SWEET:

With this option you can participate in a draw in which you will get different benefits. You can choose between 5, 10 and 20 spins depending on the option purchased. Try your luck and win!

 

TOPPIN PREMIUM:

  • You can give unlimited likes.
  • Find out who likes you.
  • VIP toppins unlimited access.
  • 5 free Super sweets every week.
  • 1 free Power sweet per month.
  • Advanced filters.
  • Visibility of your profile.
  • Destination to use toppin anywhere.
  • Rewind to avoid losing matches.
  • Disable ads.

 

TOPPIN SUPREME: In addition to all the advantages of TOPPIN PREMIUM

  • Sugar sweet.
  • Confirmation of read message.
  • Priority for your «likes».
  • Includes all PREMIUM functions.

 

9.4. Service renewals

 In case you have subscribed to a payment account, the renewal will be automatic and will be effective on a monthly basis until cancellation. In order to do so, it will be necessary to store your card details which will be used later to make automatic payments as stipulated in the agreement. Objections or disagreements about payments already made should be addressed to TOPPIN or to the relevant third party account that billed you directly. You may also address your complaint to your bank or payment provider, who will be able to provide you with more information about your rights and the applicable deadlines. You can delete the stored card details at any time but please note that once the term covered by the payment you have made has expired, your account will revert to a free account and you will not be able to enjoy the benefits of the payment account. The pending payments cannot be cancelled when you have already enjoyed the services or benefits. If you request a refund or cancel a payment made, TOPPIN can immediately cancel the user’s payment account.

If there is any change in prices, it will not affect the virtual items you have already purchased or your current subscription.  However, for renewals, you will need to confirm the new terms and conditions.

In case you chosed a 3-month or 6-month service, you will also have the possibility to cancel at any time before the end of the subscription period. However, if you have benefited from a monthly saving for the initial subscription chosen, TOPPIN will refund the amount of the remaining months minus the amounts that should have been paid for those actually enjoyed if you had chosen the monthly subscription.

 

9.5. Subscription cancellations

You will be able to modify or cancel any subscription from the settings tab. Please note that deleting the application from your device without deleting your account with us or without making the appropriate changes from the settings screen does not produce the same effect. The charges as well as the data, information and images stored in your profile will remain in effect.

 

9.6. Right of withdrawal and refunds

As explained above, for any purchase made through our application, the buyer’s right of withdrawal will be respected whenever it is applicable. This period is 14 days from the date of purchase. However, being a virtual service, some exceptions foreseen for this type of services are applicable. That is why:

  • In case of a paid account subscription, since the new benefits are accessible from the moment the payment is made and confirmed, you will not be able to request a refund unless you are a resident of an EU or European Economic Area country or of a country where such legislation so permits. However, you may request the cancellation of such subscription at any time and avoid the renewal of the service and enjoy the advantages offered by the payment account until that moment. .
  • Any virtual item purchased through the application will have a cancellation period of 14 days from the confirmation of the payment as long as it has not been used. At this moment, the right of withdrawal will be canceled because the contracted service has already been enjoyed.

 

In the event that you have made any purchase and the service or virtual item purchased could not be provided for any reason attributable to TOPPIN, we will proceed to the total or partial refund of the amount as appropriate according to the time enjoyed, by the same method of payment that you would have used. However, if the non-use of the service results from the voluntary cancellation or deletion of your account, TOPPIN is not obliged to refund the amounts charged once the withdrawal period has elapsed without having used it. The voluntary cancellation of the account or the non-use of the purchased product does not imply the right to a refund in any case.

In case of having made the purchase using a third party account on Apple or other similar, TOPPIN will not be responsible for the management of the return.

For any return you must contact us through the email address entered in paragraph 1 of this text, indicating your order number (found in the order confirmation email). You may also send (by e-mail or by post to the address indicated above) a signed, dated and properly identified notice, indicating that you wish to cancel this agreement. Along with the order number, you must indicate the e-mail address or telephone number that was associated with your account.

The refund will be made within a maximum period of 14 days from the date of receipt of your notification. The refund will be made by the payment method you used for the initial transaction without any fee unless you have requested a different payment method that involves a cost to TOPPIN.

 

You can use this form to request a refund:

For the attention of the entity XXXXXX., with Tax Identification Number XXXXXX with registered office in XXXXXX, contact telephone: XXXXXX and e-mail XXXXXX

I/we hereby inform you (……………………………………………………..) that I/we withdraw from our (………………………………………………………………………………..) contract for the sale of the following good/provision of the following service (……………………………………………….)

Ordered on/received on …………………………………………. .

Name of consumer and user or consumers and user: ……………………………………………………………………………………………………………………………………..

Address of the consumer and user(s): ……………………………………………………………………………………………………………………………………..

Signature of consumer and user or consumers and users (Only if this form is submitted on paper)

 

10. Intellectual and industrial property rights

 THE HOLDER owns all intellectual and industrial property rights of its website or application, as well as the elements contained therein (including but not limited to: images, photographs, sound, audio, video, software or text; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by the HOLDER or its licensors.

All rights reserved. Under the provisions of Articles 8 and 32.1, second paragraph, of the Intellectual Property Law, are expressly prohibited reproduction, distribution and public communication, including its mode of making available, all or part of the contents of this application, for commercial purposes, in any medium and by any technical means, without the authorization of the HOLDER.

If you believe that your copyright has been infringed, submit a request for removal of the content by indicating the following information: electronic or physical signature of the person authorized to act on behalf of the copyright HOLDER; description of the copyrighted work or content that you claim has been infringed; description of the location within the Service; contact information, including address, telephone number and email address, as well as the identity of the copyright HOLDER; statement of good faith belief of the claim you make. TOPPIN will terminate the accounts of repeat infringers.

 

11. Disclaimer of warranties and liability

 You acknowledge that the use of the application and its contents and services takes place under your sole responsibility. In particular, by way of example only, THE HOLDER assumes no liability, unless the applicable law determines otherwise, in the following areas:

  • The availability of the operation of the application, its services and contents and its quality or interoperability.
  • The purpose for which the application serves the USER’s objectives.
  • The infringement of current legislation by the USER or third parties and, in particular, of the intellectual and industrial property rights owned by other persons or entities.
  • The existence of malicious codes or any other harmful computer element that could cause the computer system of the USER or third parties. It is up to the USER, in any case, to have adequate tools for the detection and disinfection of these elements.
  • The fraudulent access to the contents or services by unauthorized third parties, or, where appropriate, the capture, elimination, alteration, modification or manipulation of messages and communications of any kind that such third parties may make.
  • The accuracy, veracity, timeliness and usefulness of the content and services offered and the subsequent use made of them by the USER. THE HOLDER shall use all reasonable efforts and means to provide updated and reliable information.
  • The damages caused to computer equipment during access to the application and the damages caused to the USERS when they are caused by failures or disconnections in telecommunications networks that interrupt the service.
  • Damages or losses arising from circumstances arising from unforeseen circumstances or force majeure.

 

In the event that there are forums, the use of them or other similar spaces, it must be taken into account that the messages reflect only the opinion of the USER who sends them, who is solely responsible. THE HOLDER is not responsible for the content of messages sent by users.

In any case we inform you that the total responsibility of TOPPIN for all claims related to the service will not exceed the amount you would have paid, if any amount had mediated, unless it is applicable regulations that prevent this limitation or any of those included in this section.

 

12. Third party links and social networks

 In the event that TOPPIN include links or hyperlinks to other Internet sites, THE HOLDER will not exercise any control over such sites and content. Although you can link your profile to other accounts on other social networks such as Spotify or Instagram in no case THE HOLDER assume any responsibility for the contents of any link belonging to another site, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, accuracy, validity and constitutionality of any matter or information contained in any of these hyperlinks and other sites on the Internet. Likewise, the inclusion of these external connections does not imply any type of association, merger or participation with the connected entities.

We inform you that in the event that we conduct sweepstakes on Social Networks such as Facebook or Instagram, you should know that these platforms do not sponsor or associate in any way with the organizer of the same.  The participant exonerates Facebook / Instagram from any kind of responsibility caused by the non-compliance with the legal Bases of the sweepstakes.

 

 

13. Conflict resolution

Except for users residing in the EU or the European Economic Area and other places where prohibited by applicable law, the only mechanism for resolving any dispute or claim related to the service will be out-of-court dispute resolution. It is therefore forbidden to go to court if no attempt has been made to resolve the dispute out of court and to participate in lawsuits or other collective proceedings unless the applicable law so permits.

In accordance with the provisions of Article 14.1 of Regulation 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters, the consumer and user is informed that in the event of a dispute, he/she may resort to out-of-court online dispute resolution:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

 

 

14. Applicable law and competent jurisdiction

When the user has the status of consumer, in particular for those users residing in the European Union or the European Economic Area or in other places where the current legislation so provides, consumer law shall apply. In all other doubts, any matter shall be governed by Spanish law.

Except for users resident in the European Union or the European Economic Area, who may file their claims in the country of residence in accordance with applicable law, all claims that could not be resolved through out-of-court dispute resolution shall be litigated exclusively in the Spanish courts.

 

15. User’s responsability

You will be responsible for the proper use of this application and will be liable to TOPPIN and the rest of the user community, for any irregular conduct that you carry out as well as for any complaint, claim, damage, loss, cost, or any other harm that generates damages and/or damages to the aforementioned parties as well as to licensors or third parties whose rights are violated.