Name: Hannapy Marketplace, S.L.

CIF: B16974016

Registered office: Av. Hotel 1-15, 08860, Castelldefels, Barcelona

Contact: admin@hannapy.com

1. Object in HANNAPY

The company HANNAPY MARKETPLACE SL, hereinafter HANNAPY, is responsible for the development and management of technological platform HANNAPY B2B and HANNAPY SHOPS APP, hereinafter PLATFORMS, through which through a mobile application or a website, the subscribed businesses, hereinafter ADVERTISERS, can offer and promote their products to users with free access to the PLATFORM, hereinafter USERS.

HANNAPY has developed a platform through which ADVERTISERS, with whom HANNAPY may maintain a commercial agreement for the use of the platform, may exhibit a series of products and/or services. USERS have the possibility to contact and request information about the products and services of these merchants.

HANNAPY acts as a mere intermediary of communication and therefore cannot assume or assume any responsibility for the quality of the products or the proper provision of services offered directly by the merchants or by such third parties.

HANNAPY confirms that, for the development of its commercial activity as a communication and advertising platform, it has obtained all the necessary licenses in the countries where it operates.

Throughout these General Conditions of Use we will refer as "USERS" to those who want to contact and request information about brands, products and services; and as "ADVERTISERS" to those who use the platform to publicize and promote their products and services with the aim of receiving requests for product information from USERS.

2. Acceptance of the terms of use in HANNAPY

Access to the PLATFORM, and/or the voluntary creation of a profile by the ADVERTISER and the USER, implies knowledge and express and unequivocal acceptance of these General Terms of Use and Contracting and the Privacy Policy and Cookies Policy by all Users.


3.1. In order to be a USER or ADVERTISER of the platform, it is essential to meet the following requirements:

To have reached or be over 18 years of age.

To truthfully complete the mandatory fields of the registration form, in which the necessary data are requested so that the validation, invoicing and shipping processes can be carried out.

Accept the present Conditions of Use and Contracting.

Accept the Privacy and Data Protection Policy.

Accept the Cookies Policy.

3.2. The USER and the ADVERTISER guarantee that all data regarding their identity and legitimacy provided to HANNAPY in their registration forms on the PLATFORM are true, accurate and complete. Likewise, they undertake to keep their data updated.

In the event that the USER or the ADVERTISER provides any false, inaccurate or incomplete information or if HANNAPY considers that there are reasonable grounds to doubt the truthfulness, accuracy and completeness of the same, HANNAPY may deny access and present or future use of the PLATFORM or any of its contents and/or services.

When registering in the PLATFORM, the USER and/or ADVERTISER shall select a username and a password. Both the username and password are strictly confidential, personal and non-transferable.

HANNAPY recommends not to use the same access credentials as in other platforms to increase the security of the accounts.

The USER and/or ADVERTISER undertakes not to disclose the data relating to his/her account or make them accessible to third parties. The USER and/or ADVERTISER shall be solely responsible in the event of use of such data or Site services by third parties, including the statements and/or content posted on the Platform, or any other action carried out through the use of the username and/or password.

3.5. The USER and / or ADVERTISER shall be the sole owner of the content posted by the same on the PLATFORM. Likewise, by registering on the PLATFORM and accepting these Terms, the USER and/or ADVERTISER grants HANNAPY, in relation to the content it may provide, a worldwide, irrevocable, transferable, free license, with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly communicate and exploit it in any way that HANNAPY considers appropriate, with or without further communication to the USER and/or ADVERTISER and without the need to pay any amount for the aforementioned uses.

3.6. HANNAPY cannot guarantee the real time identity of the registered USER and/or ADVERTISER, therefore, it shall not be responsible for the use of the identity of a registered USER and/or ADVERTISER by unregistered third parties. USERS and/or ADVERTISERS are obliged to immediately inform HANNAPY of the theft, disclosure or loss of their credentials, communicating it through the communication channels offered by HANNAPY.

4. Profile and use of HANNAPY by USERS

4.1. In order to complete the registration in the PLATFORM, the USER must provide some information such as: User name, e-mail address, telephone number, tax information, etc. Once the registration is completed, every USER will be able to access his/her profile and complete it, edit it as he/she deems convenient.

4.2. HANNAPY does not offer payment processing services between ADVERTISERS and USER, so USERS' payment data will not be necessary for the general purpose of the platform.

4.3. HANNAPY does not act independently as a payment processor and will not store any data related to users' credit cards, except for those that the USER publishes or shares through the PLATFORM by chat, messaging or any other means.

4.4. HANNAPY is not responsible for the transactions made between the ADVERTISERS and the USERS.

4.5. In any case, the USER must be aware of and fully responsible for any use made of his/her payment data provided to any ADVERTISER, agent or participant of the platform.

5. Responsibilities and commitments of the USER

5.1. The USER confirms to be aware of the nature and purpose of HANNAPY, which is an advertising space for ADVERTISERS to make available to the USER their products or services, exempting HANNAPY from full responsibility for any incident or disagreement with respect to the services and/or products published on HANNAPY, about the services and/or products about which he/she requests information, contracts or purchases from the ADVERTISERS.

The USER confirms that he/she is aware that HANNAPY does not act as a payment processor between the USER and the ADVERTISER, but will provide the necessary means for the ADVERTISER to communicate to the USER information related to carry out payments agreed between both parties through the PLATFORM. In turn, the PLATFORM may provide the ADVERTISER with the necessary technology to connect its own payment processors to its space on the PLATFORM in order to redirect the USER to its payment gateway so that the USER can make card payments related to the relationship and the commitment generated between the ADVERTISER and the USER.

5.3. The USER exempts HANNAPY from any responsibility for any complaint or inconvenience generated with the ADVERTISER regarding the relationship or payments made between both parties, about the use of any of its information by the CLIENT, about the products purchased or the services contracted from the CLIENT.

5.4. The USER is the only responsible, in case of doubts, to be informed of the conditions and terms of the relationship that may be created between the USER and the ADVERTISER.

5.5. The USER is solely responsible for the correct consignment of the delivery and collection addresses that he/she may communicate to the ADVERTISER through the PLATFORM, and therefore exempts HANNAPY from any negligence or error in the collection or delivery of the order derived from the erroneous consignment of the delivery and collection addresses.

5.6. The USER must provide all the information, as detailed as possible, regarding the service or acquisition of goods or services object, and if applicable, in relation to the product requested from the ADVERTISER. For this purpose, he/she may select the products offered by the ADVERTISER and enter the comments he/she considers useful in the "comments" or "Send message" section.

5.7. The USER may communicate with the ADVERTISER through the PLATFORM, being able to contact the ADVERTISER at any time in order to ask questions, communicate decisions, negotiate or be informed that the ADVERTISER is executing the mandate conferred under the agreed conditions.

5.8. In order to facilitate direct communication with the ADVERTISER, HANNAPY makes available to USERS and ADVERTISERS an internal chat that will allow direct contact between the User and the merchant. The chat will cease to be active as soon as the USER terminates the conversation or it has been cancelled for any of the foreseen reasons. In the event that the USER wishes to communicate with the ADVERTISER through the chat after the end of the conversation, he/she must use the contact information available in the space of the ADVERTISER.

5.9. The prices of the products displayed on the platform by the ADVERTISERS are merely informative and may not coincide with the actual market prices. In any case, HANNAPY is exempt from any liability for the difference between the prices displayed and the final prices of the products.

5.10. If the product and/or service is not available, the ADVERTISER shall contact the USER to explain the options or reject the request for a quote. In the event that the USER does not agree with any of the options presented by the merchant and, consequently, is not interested in the alternative options, he/she may reject and cancel the request for a quote or, failing that, the provision of services and/or products.

5.11. If the USER is not at the agreed place for delivery, he/she must arrange with the transport company a time and/or place for the collection of the product.

5.12. USERS accept that according to the services and/or products contracted to the ADVERTISER through the HANNAPY platform they may receive the invoices corresponding to the purchase of products, Delivery, Delivery or Management service, by the merchants, either through the PLATFORM or through their own means.

5.13. Likewise, HANNAPY is exempt from any liability for any delay, imperfection, breakage, loss, detention or any other incident related to the relationship between the USER and the ADVERTISER, being the USER and the ADVERTISER who must reach an agreement based on the terms and conditions of their relationship.

6. Profile and use of HANNAPY by the ADVERTISERS

6.1. In order to obtain a professional profile on HANNAPY, the ADVERTISER must provide certain information such as: company name, e-mail address, telephone number, tax information, proof of company's veracity, etc.

Once the registration of the ADVERTISER is completed, HANNAPY will provide a space on the PLATFORM, which will be managed by the ADVERTISER, to promote its business, services and/or products.

6.3. The ADVERTISERS have at their disposal on the platform, the necessary means to communicate their own payment data in case the USER requires them so that a transaction can be carried out between both with external means to the platform.

In turn, HANNAPY may make available to the ADVERTISERS the necessary technology to be able to redirect USERS to their payment processors through the PLATFORM, or to be able to communicate or publish payment information to USERS in the event that they obtain a commercial commitment through the PLATFORM.

7. Responsibilities and commitments of the ADVERTISER

7.1. The ADVERTISER undertakes and is solely responsible for providing correct and detailed information about the products and/or services offered in its profile on HANNAPY.

7.2. The ADVERTISER undertakes and is solely responsible for complying with the legal requirements in the national and European framework in accordance with the products and/or services offered in its space on the PLATFORM.

7.3. The ADVERTISER undertakes and is solely responsible for complying with the legal requirements in the national and European framework in accordance with the commercial communication it offers about its company and the products or services offered in its space on the PLATFORM.

7.4. The ADVERTISER undertakes and is solely responsible for communicating through its profile the conditions about the services and/or products it offers, as well as the specific terms of any relationship that may be created with the USERS who contact it through HANNAPY. If the product and/or service is not available, the ADVERTISER shall contact the USER to explain the options or reject the request for a quote.

7.5. The ADVERTISER undertakes and is solely responsible for the success and guarantees of the relations and commitments generated between the ADVERTISER and the USER.

7.6. The ADVERTISER undertakes and is solely responsible for communicating through its profile or its own means any information regarding its relationship with the USER.

7.7. The ADVERTISER is solely responsible for being informed of and verifying the USER's compliance with the terms and conditions specific to the relationship that may be created between the USER and the ADVERTISER.

7.8. By accepting the terms and conditions, every ADVERTISER registered on the HANNAPY platform accepts that HANNAPY accesses, monitors and moderates all purchase orders, actions and conversations that take place between users within the platform. HANNAPY may pause or block any ADVERTISER who is or is suspected to be violating any point of the terms and conditions of use.

7.9. HANNAPY may contact directly with the USERS of the platform to clarify or warn of situations that may be occurring in the actions and conversations carried out between HANNAPY users.

8. Responsibility and commitment regarding cannabis-derived products on the PLATFORMS

8.1. The ADVERTISER undertakes to promote products in accordance with all legislation and regulations in force in its territory of action, understanding by territory of action (and hereinafter referred to as such in these terms and conditions), both the origin of production, such as storage and shipping, as the territory where it promotes products for sale.

8.2. The ADVERTISER guarantees that the products or services supplied have been subjected to all the necessary controls for the verification of their conformity to all this legislation and these regulations.

8.3. The ADVERTISER confirms that the products strictly comply with the regulations in force in its territory of operation, on products derived from cannabis, and is responsible for its compliance for all products published on the HANNAPY website.

8.4. The ADVERTISER also guarantees that the percentages of cannabinoids contained in the products, the type of handling in production, packaging and labeling, comply with the regulations in force in its territory of operation. The information on the percentages of cannabinoids contained in the products, the origin of the product, the type of packaging and the format and language of the labeling shall be clearly explained and visible on the HANNAPY platform, so that the user can validate the legality of the products in its own area of operation.

8.5. The ADVERTISER shall, in any case, be responsible for the information it offers about its products or services.

8.6. HANNAPY may inform users, through its website or email, how to use the products under the current regulatory framework, in any territory, on products derived from cannabis and containing cannabinoids. HANNAPY is not responsible for the use that users make of the products that the ADVERTISERS promote.

8.7. HANNAPY is exempt from any responsibility for the information that the ADVERTISER communicates outside the regulatory framework in force in its territory of action.

8.8. The ADVERTISER guarantees that the production of the products supplied is carried out in a quality assurance environment that ensures the conformity and respect of the same in relation to ethical standards.

8.9. In case of withdrawal (suspension of marketing or distribution of a product) or recall (in addition to the withdrawal, suspension of consumption or use of a product by the consumer), the ADVERTISER shall inform HANNAPY within the minimum time limits necessary for the implementation of any information procedure, collection of data relating to the products concerned, identification of the place of withdrawal of the products.

9. Returns to HANNAPY

9.1. In the event that the USER wants to process the return of any product, because it does not match what has been requested through the platform, the USER must contact the ADVERTISER through the platform or by their own means to communicate the return of the service or products contracted or purchased from the ADVERTISER, under the terms and conditions of the relationship between the two.

9.2. In any case, it will be the ADVERTISER's power and responsibility to determine in each case the validity of the return so that, in case of dispute, the USER may inform HANNAPY, who in good faith, will mediate to try to achieve a resolution to the dispute, without this mediation conferring HANNAPY any responsibility or guarantee of the legal effects that may arise from the incident.

10. Rates, payments and subscriptions for ADVERTISERS

ADVERTISERS who contract a space on the PLATFORM shall pay a monthly or annual subscription corresponding to the active offer at the time of contracting.

10.2. In order to make the subscription, the ADVERTISER must enter the details of its payment method in the payment processor used by HANNAPY, and payments will be made on a monthly or annual recurring basis, depending on the offer contracted, automatically against the payment method registered during the subscription.

10.3. The cancellation or termination of an ADVERTISER account entails the renunciation by the ADVERTISER of the contracted offer, so that the renewal on the platform must be made through a new registration to the subscription offered at the time of the new registration.

10.4. The contracting of a subscription entails the acceptance of all HANNAPY's terms and conditions.

10.5 HANNAPY will issue a single invoice at the time of payment, at the beginning of the contracted period or any of its extensions. Therefore, in the event of a change of Use Plan in the middle of a paid billing cycle, the charge made will be prorated among the months remaining until the expiration date of the Use License. The expiration date of each Usage License is always set by the date of the first contracting made by the ADVERTISER.

In the event of non-payment of a fee on the due date, HANNAPY may grant a grace period of 7 calendar days for the ADVERTISER to regularize the situation, failing which access to all accounts linked to the User License will be suspended and if the ADVERTISER wishes to reactivate it, once HANNAPY has verified that the data is recoverable.

11. Changes in the functionalities

11.1. New functionalities implemented in the PLATFORM may imply changes in the payment plans depending on each case and the possible costs involved in their development and accessibility to users.

11.2. HANNAPY will provide clear and detailed information about these possible changes in the definitive integration of functionalities in the PLATFORM, so that the ADVERTISER may freely decide to contract them in accordance with the prices provided.

12. Termination of the service

The User License may be terminated for any of the following reasons:

12.1. Termination at the ADVERTISER'S request: The ADVERTISER may terminate the contracted Account by notifying HANNAPY's contact e-mail address indicated in these GENERAL CONDITIONS at least one month prior to the expiration date of the initial term or any of its extensions, when the term is annual, and at least seven days prior to the expiration date, when the term is monthly. From the effective date of the cancellation, the CLIENT's right to access the PLATFORM shall automatically cease.

12.2. Termination of the service by HANNAPY: Without this giving rise to any right to claim or compensation in favor of the ADVERTISER or the USERS dependent on the ADVERTISER, the ADVERTISER may be terminated from the PLATFORM at any time by communicating it via e-mail to the e-mail address of the ADVERTISER at least one month prior to the expiration date of the initial term or any of its extensions.

12.3. Termination of the Service by HANNAPY in the event of non-compliance by the ADVERTISER: Without giving rise to any right to reimbursement, claim or indemnification in favor of the CLIENT or the USERS dependent on the same, the User License will be automatically cancelled without the need for prior notice in the event that the CLIENT or any of the USERS dependent on the same fails to comply with any of the terms established in these GENERAL CONDITIONS or, if applicable, in the Special Conditions.

12.4. In the event of a request for cancellation/termination, no right to a refund or reimbursement shall be generated under any circumstances, even if payment has been made in advance for an annuity. In case of deletion of Users by an Administrator in the middle of a cycle, he/she will not continue to be billed or charged for the deleted Users, but he/she will no longer be able to use those Users and will not be refunded for the period not used.

13. Limitation of Liability

13.1. The identification codes, passwords or any credentials to the Main User Account provided to the CUSTOMER, are personal and are non-transferable, being the CUSTOMER's obligation to communicate to HANNAPY any changes or modifications that occur in their data.

13.2. With respect to the CRM Private Area introduced within any of the User Accounts linked to the CUSTOMER, the CUSTOMER exempts HANNAPY from any liability for loss of income, any business interruption, loss or corruption of data, whatever its cause; also exempts HANNAPY from any damage related to the availability of the Internet connection provided by a third party.

13.3. It is the CUSTOMER's responsibility to provide due diligence to prevent access or use by unauthorized third parties, who access or use on its behalf the codes or identification keys or credentials to the Primary User Account or any of the Secondary User Accounts. Likewise, the CLIENT is solely responsible for the loss, subtraction or unauthorized use of any code or access key or credentials to the Primary User Account or to the Secondary User Accounts and for the consequences that may arise therefrom. The CLIENT agrees to:

Diligently use the access keys or credentials to the Primary User Account.

Maintain the secrecy and confidentiality of the access keys or credentials to the Primary User Account, not to transfer its use to third parties, either temporarily or permanently, or to allow access to other people.

Immediately notify HANNAPY of the loss, theft, misplacement, unauthorized access or breach of security of the passwords or credentials to the account of the Primary User as soon as possible. As long as such facts are not communicated, CLIENTIFY® shall be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.

13.4. The CUSTOMER shall be solely responsible for the activities carried out through the use of the keys or credentials of the Primary User Account or Secondary User Accounts to the APPLICATION, exempting HANNAPY from any liability arising from such activities.

13.5. HANNAPY shall not be liable for any damages, expenses or harm, whether special, direct or indirect (including, but not limited to, lost profits, loss or interruption of business activities, fortuitous, punitive, business opportunities, expected profits or loss of information) arising from the interruption of the service of the PLATFORMS, the use or inability to use the access keys or credentials to the PLATFORM, either to the ADVERTISER or to any other USER or third party.

13.6. HANNAPY ensures to implement the technical means of intervention and assistance to ensure regular operation of the Website and the Services, but does not guarantee that its Website, platforms, applications or its services will operate uninterruptedly. In case of failure, breakdown or interruption of its Website or Services, HANNAPY will inform the ADVERTISER of the failure and will make every effort to remedy it as soon as possible.

13.7. HANNAPY shall not be responsible for maintaining the service in cases of force majeure, such as: fires, floods, acts of civil or military authorities, embargoes, strikes, accidents, or shortage of means of transportation, war, terrorism, pandemics or consequences thereof, etc.

13.8. In the event that the use of the PLATFORM (or parts thereof) within the scope of the License of Use would be a cause of lawsuit or legal action for alleged violation of the rights of third parties and such use could produce such violation, HANNAPY on its own initiative and at its own expense, may make the necessary modifications or changes so that USERS can continue to use the APPLICATION (or parts thereof), replace it with software of equivalent functionality and effectiveness that does not infringe the rights of such third parties, or compensate the ADVERTISER for the termination of the use of the PLATFORM (or part thereof) up to a maximum limit equal to the amount of the last subscription fee paid by the ADVERTISER.

13.9. The PLATFORM may be subject to random circumstances, external or beyond the control or ability to act of HANNAPY for which it is not responsible. Similarly, HANNAPY does not guarantee and is not responsible for:

the absence of harmful components in the PLATFORM or in the server that supplies it;

the invulnerability of the PLATFORM and/or the impregnability of the security measures adopted therein;

the lack of performance of the PLATFORM;

the failure of the PLATFORM caused by any type of attack on the servers of HANNAPY's third party service providers, as well as technical or security failures of the system of any of said providers that prevent the operation of the PLATFORM;

any technical failure of any kind that hinders, delays or prevents the proper functioning of the PLATFORM and the computer and/or telecommunications system used by the CUSTOMER, nor of the deficiencies in the functioning of the same, and the consequences arising therefrom;

of the interruption or undue visualization of the PLATFORM and/or the files or contents as a consequence of the malfunctioning of the networks;

any damage or harm caused, to himself or to a third party, by any person who infringes the conditions, rules and instructions established in the PLATFORM or through the violation of the security systems of the PLATFORM; and

the usefulness of the information and/or services of the PLATFORM.

13.10. Notwithstanding the provisions of the previous point, HANNAPY declares that it has taken all necessary measures, within its means, to ensure the proper functioning of the PLATFORM and avoid the existence and transmission of harmful components to the computer systems of users.

13.11. In any case, HANNAPY reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, navigation, use, hosting and/or downloading of content and/or use of the PLATFORM, with or without prior notice, to HANNAPY that contravenes, either through the Primary User Account or through any of the Secondary User Accounts, any of the provisions of these GENERAL CONDITIONS, without the possibility for any ADVERTISER and/or USER to claim any compensation for this reason.

13.12. HANNAPY shall not be bound by commitments or promises made by persons outside its company, nor by erroneous expectations regarding the functionality of the PLATFORM, nor shall it be liable for the adaptation of the PLATFORM to the specific needs and expectations of the ADVERTISER.

13.13. In any case, the maximum liability that HANNAPY assumes towards the CLIENT and/or USER, in relation to the PLATFORM License Agreement, amounts to the damage that, if any, has actually been suffered, with a maximum limit equivalent to the price of the last periodic service fee paid by the ADVERTISER.

14. Processing of personal data

14.1. In accordance with the European General Data Protection Regulation (GDPR EU - 2016/67) of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the rules on the free movement of such data, the Information collected about Individuals (including Users) on the Website and when using the Services shall only be used and communicated for the sole purpose of the Publisher's administrative, marketing or commercial management or to fulfill contractual, legal or regulatory obligations.

14.2. By accepting the terms and conditions, the USER authorizes HANNAPY and the ADVERTISER contacted through the PLATFORM to contact him/her by any means (email, telephone, electronic communication, sms...), directly or under his/her responsibility through a third party provider, including for commercial purposes. You also authorize HANNAPY to transfer your Personal Data to any Person of the Group or to a third party to meet the needs of the PLATFORM and the Services or to comply with applicable legal provisions. Each Party undertakes to comply with the Regulation on the protection of natural persons with regard to the processing of personal data and the rules relating to the free movement of such data, as well as any other current or future text applicable to the protection of personal data.

USERS have the right to access, modify, rectify and delete all Personal Data that have been brought to the attention of HANNAPY when using the PLATFORM. Likewise, USERS have the right to object to the transfer of their data at any time.

14.4. The exercise of the rights described above is possible by sending an email to HANNAPY at the following address: admin@hannapy.com.

14.5. The ADVERTISER, when acting as data controller, undertakes to:

comply with the applicable regulations on the protection of Personal Data;

take all necessary precautions to preserve the confidentiality and security of the Personal Data, and in particular, to prevent them from being distorted, damaged or communicated to unauthorized third parties, and more generally, implement appropriate technical and organizational measures to protect the Personal Data against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, as well as against any form of unlawful processing, it being specified that such measures must ensure, taking into account the state of the art and the costs associated with their implementation, a level of security appropriate to the risks presented by the processing and the nature of the data to be protected;

to respect the time limit for the storage of Personal Data; and

respond within five (5) working days to any request from a User concerning Personal Data processed by the Publisher (right of access, right of rectification, right of destruction, etc.);

delete or cause to be deleted immediately and definitively the Personal Data whose deletion has been requested by a User, taking into account the deletion within five (5) Working Days.

In the event of a request and/or legal claim, HANNAPY may be required to provide all information available to it in relation to the User, the Services and the Information.

15. Jurisdiction

This Agreement shall be governed by the laws of Spain and the parties submit to the jurisdiction of the courts of Barcelona with respect to any dispute or difference between them arising out of this Agreement.

16. Notifications and contact with HANNAPY

All notices, notifications or communications to be made under the terms and conditions must be sent by e-mail.

All related communications from Hannapy shall be addressed to the address listed in the Account Information.

With respect to the Publisher, any communication regarding the terms and conditions shall be addressed as follows:

To: Hannapy Administration

E-mail: admin@hannapy.com