- – Ownership of the Web Page
Pursuant to article 10 of Law 34/2002, July 11, on Information Society Services and Electronic Commerce (‘LSSI’), the website https://www.indtechallenge.io (‘Website’ or ‘Site’) is operated by both GIRBAU, S.A. (“Girbau”) and SEIDOR, S.A. (“Seidor”). Girbau, registered in the Commercial Registry of Barcelona, volume 32066, page 162, section B32798, inscription 57, file a-n reference no 65, with fiscal identification number A-08-276438, whose registered office is at Carretera de Manlleu, Km. 1, Vic, Barcelona; Spain. Seidor is located at C/ Eix Onze de Setembre, 41 08500; Vic; Barcelona; Spain. Hereinafter jointly referred as “Girbau-Seidor”.
- ‐ Use of the Site
This disclaimer (‘Disclaimer’) establishes the conditions that govern the use of the services of the information society which GIRBAU-SEIDOR makes available to the users (“Users”) through this Site.
When using the Site, you must always comply with all applicable laws of your jurisdiction. Do not use the Site to advertise or market any third-party products, services, solutions, or technologies. If you infringe these Terms, your access to the Site may be terminated immediately and without previous notice.
Access to the Website is free, except with regard to the cost of the Internet connection through the User’s access provider.
GIRBAU.SEIDOR reserves the right to carry out, at any time and without prior notice, modifications and updates of the Website and its contents, configuration and presentation, including this Disclaimer. We recommend reading this before each access to and navigation of the Site.
The User agrees not to use the Website for fraudulent purposes, and not to carry out any conduct that could damage the image, interests and rights of GIRBAU-SEIDOR or third parties, with the commitment to use the Site, and the services and contents included, in a diligent, correct and lawful manner. In particular, the User agrees to refrain from: deleting, ignoring or manipulating the ‘copyright’ and other identifying data of the rights of the copyright owners incorporated into the contents of the Site, as well as the technical protection measures, or any reporting mechanisms that might include such content. Furthermore, the User agrees not to take any action that damages, destroys or overloads the Website, or prevent, in any way, the normal use and operation of the Website.
The failure to comply with this Disclaimer, or in the event that GIRBAU-SEIDOR reasonably suspects that there has been a breach, GIRBAU-SEIDOR reserves the right to restrict, suspend or terminate that User´s access to the Website, adopting any technical measures necessary to that end. Likewise, GIRBAU-SEIDOR reserves the right to decide, at any time, on the continuity of the services provided through the Site.
- ‐ Availability, Storage and Security
Availability: GIRBAU-SEIDOR agrees to provide access to the Services of the Site available to Users in accordance with this Legal Disclaimer.
Storage and Security: GIRBAU-SEIDOR shall maintain the corresponding technical and physical safeguards for protection of the security, confidentiality and integrity of your data that are consistent with industry standards, including data encryption while in transit and storage.
- ‐ Intellectual and Industrial Property
The intellectual property rights (“IP Rights”) on content layout of the Website (including sui generis rights on the database), graphic design (look & feel), distinctive features (trademarks and trade names), the underlying computer programs (including source codes), as well as the different elements making up the Site (texts, graphics, photographs, videos, etc.) belong to GIRBAU-SEIDOR, and GIRBAU-SEIDOR has the right to use and exploit them, and in this sense constitute works protected by the intellectual and industrial property legislation in force.
“IP Rights” means all current and future worldwide intellectual property rights under patent law, copyright law, trade secret law, trademark law, moral rights law, and other similar rights.
Therefore GIRBAU-SEIDOR’s IP Rights shall remain the sole and exclusive property of GIRBAU-SEIDOR and shall be considered and treated as Confidential Information.
The use of the Site does not in any way involve the transfer of GIRBAU-SEIDOR’s intellectual and/or industrial property rights in the Site, its contents and/or distinctive features of GIRBAU-SEIDOR. To this effect, by means of this Disclaimer, except in those cases where it is legally permitted, the User is expressively forbidden from the reproduction, transformation, distribution, public communication, making available, extraction and/or reuse of the Website, its contents or the distinctive features of GIRBAU-SEIDOR.
The reproduction of elements or contents on the Site with the aim of profiting or for commercial purposes is expressly and strictly prohibited.
- ‐ Confidential Information
“Confidential Information” means any and all non-public, commercially proprietary or sensitive information or materials belonging to, concerning, in the possession of or provided by a Disclosing Party regardless of the manner in which furnished. Confidential Information shall be held by the Receiving Party in trust, and solely for the benefit of, the Disclosing Party. Both Parties agree that, except as required in the performance of its obligations and as permitted by the Disclosing Party, Receiving Party shall not publish, reproduce, disclose, or make any use of any such Confidential Information.
- ‐ Limitations of Liability
The User acknowledges and accepts that the use of the Website is carried out at all times entirely under their risk and responsibility. GIRBAU-SEIDOR is not responsible for the misuse or abuse made of the Site. For this purpose, GIRBAU-SEIDOR will only be liable for damages that the User may suffer from the use of the Website when those damages are governed by legislation in force.
In particular, GIRBAU-SEIDOR will not be responsible for:
- The content of the websites accessed through the links included on the Website
- Damages of any kind caused to the computer equipment of the User caused by viruses, worms, Trojans or other harmful elements. The User acknowledges that the use of the Internet entails the assumption of a risk that their computer equipment may be affected by the elements listed above. For this purpose, the availability of the adequate tools for the detection and removal of malicious electronic programs is under the responsibility of the User.
- Damages of any kind produced to the User that cause malfunctions or disconnection of telecommunications networks that lead to the suspension, cancellation or interruption of the service of the Website prior to or during the Website´s use. In this regard, the User acknowledges that access to the Site requires services provided by third parties outside the control of GIRBAU-SEIDOR (for example: operators of telecommunications networks, access providers, etc.) whose reliability, quality, continuity and operation does not correspond to GIRBAU-SEIDOR.
- – Links
The Website may include links that allow the User to access other pages and Internet Sites (‘Linked Sites’). To this end, GIRBAU-SEIDOR acts as a provider of intermediary services in accordance with article 17 of the LSSI and will only be responsible for the content and services provided on the Linked Sites to the extent of their knowledge of wrongfulness and failure to deactivate the link exercising due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, please inform GIRBAU-SEIDOR through firstname.lastname@example.org. In no way will this communication constitute an obligation to remove the link.
The existence of Linked Sites does not in any way imply that GIRBAU-SEIDOR has effective knowledge of any of the services and contents of those websites in the case of illegality or has necessarily maintained agreements with the managers or owners of the Linked Sites.
The User and, in general, any natural or legal person who intends to establish a link from their website to the Site, must obtain prior permission in writing from GIRBAU-SEIDOR. The establishment of such link does not imply the existence of a relationship between GIRBAU-SEIDOR and the owner or proprietor of website, nor the acceptance or approval by GIRBAU-SEIDOR of its contents or services.
In any case, GIRBAU-SEIDOR reserves the right to prohibit or disable at any time the links to the Website, especially in the case of wrongfulness of the activity or contents of the Linked Site.
- – Miscellaneous
8.1 – Governing Law. The use of the Website is governed and interpreted in accordance with Spanish law and by using the Site the User is indicating their agreement that any dispute or litigation arising between the User and GIRBAU-SEIDOR will be treated by the courts and tribunals in accordance with the applicable legislation.
8.2 – No Waiver and Severability. If any provision of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of them. The failure of either Party to partially or fully exercise any right shall not prevent the subsequent exercise of such right. The waiver by either party of any breach shall not be deemed a waiver of any subsequent breach of the same or any other term.
In the event that a provision contained in this Disclaimer is declared void, GIRBAU-SEIDOR will remove or replace that provision. The declaration of invalidity of a provision does not affect the validity of the remaining provisions contained in this Disclaimer.
8.3 – Notices. Any notice required to be given pursuant to these Terms shall be in writing and shall be deemed duly given either: (a) two (2) days after the date of mailing if sent by registered or certified mail, return receipt requested; or (b) one (1) day after the date of mailing if sent by a national overnight courier service; or (c) the date of sending by email transmission to the email address set forth above or to a concurrently used email address provided by the party receiving notice.
8.4 – Entire Agreement. This Agreement, including the Schedules and Exhibits hereto, sets forth the entire agreement between the Parties on this subject and supersedes all prior negotiations, understandings and agreements between the Parties concerning the subject matter. No amendment or modification of these Terms shall be made except by a writing signed by the Party to be bound thereby.
8.5 – Force Majeure. Neither party will be liable under this agreement because of any failure or delay in the performance of its obligations due to force majeure causes such us riots, fire, flood, storm, earth quake, acts of God, hostilities, Internet or other network delays or failures, power failures, unanticipated product development problems, or any other cause directly affecting such failure or delay and beyond such party’s reasonable control.