The present general conditions of use regulate the access and use of this Website whose exclusive title is PLATFORM OF FIDELIZATION PENSUMO S.L., (hereinafter PENSUMO) with address in Avda. Autonomía 7, BUILDING CIEM 50003 Zaragoza and CIF B99379232. It is registered in the Mercantile Register of Zaragoza, volume 126.96.36.199 page 108 sheet z55061, 1º inscription.
The acceptance of these general conditions of use shall imply that you acquire the status of user of the site. Such acceptance shall be understood as made without reservations of any kind and referring to each and every one of the present general conditions, by the mere use of the site.
1. USER OBLIGATIONS
1.1. In general, the User undertakes to use the Website in a diligent manner, in accordance with the law, morality, public order and what is set forth in these general conditions and in the particular ones that are applicable, to refrain from using them in any way that may prevent the normal operation and enjoyment by users of the Website and Services, or that could harm or cause damage to the goods and rights of PENSUMO, its suppliers, users or, in General, of any third party.
It is also obliged to pay the Fees for the payment services that can be established and that shall be expressly indicated
1.2. More specifically, but not limited to the general scope of the obligation set forth in the preceding paragraph, the User undertakes to utilize the Website and Services to:
(A) Do not introduce, store or disseminate through the Website or through any of the Services any Content – including, but not limited to, files, computer programs, data, viruses, codes, or any other electronic element – that is susceptible To cause damages to the web Site, to any of the Services, to the systems or networks of PENSUMO, to any user, to the suppliers of PENSUMO or in general to any third party, or that otherwise is capable of causing them any type of alteration or prevent the normal functioning of the Website or any of the Services.
(B) Not to use false identities or to impersonate others in the use of the website or any of the Services, including the use of third-party passwords or access codes or otherwise.
(C) Not to conceal or falsify in any way the origin of the content managed through the services, not to intercept, delete or modify the Contents of other users, nor to use the website or any of the services for the mass mailing of contents or any type of electronic messages.
(D) Do not destroy, alter, disable or damage the data, information, programs or electronic documents of PENSUMO, its suppliers or third parties.
(E) Do not use any information obtained through the website or any of the services to send advertising, send messages for sale or for any other commercial purpose, or to collect or store personal data of third parties.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY
2.1. The user acknowledges that all elements of the Website and of each of the Services, the information and materials related thereto, the structure, selection, arrangement and presentation of the website and the services and the computer programs used in relation with the same are protected by intellectual and industrial property rights of PENSUMO itself or third parties.
PENSUMO-PENSION DE CONSUMO is a trademark duly registered in the Spanish Patent and Trademark Office.
2.2. Unless is authorized by PENSUMO or, as the case may be, by the third owners of the corresponding rights, or unless legally permitted, the user may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent or lend , make available or allow access to the public through any modality of public communication of any of the elements referred to in the previous paragraph.
2.3. The user must use the materials, elements and information that he accesses through the use of the website and each of the services solely for his own needs, being obliged not to perform either directly or indirectly a commercial exploitation or services nor of the materials, elements and information obtained through the web Site or the services.
2.4. The user must refrain from deleting the signs identifying the rights (intellectual property, industrial or any other) of PENSUMO or third parties listed on the website and in each of the services. likewise, the user must refrain from evading or manipulating any technical devices established by PENSUMO or by third parties, either on the Website, on any of the services or on any of the mate
The user agrees that PENSUMO may direct you to commercial communications related to your products or services either by electronic means, by post or by any other means, and may request at any time to cease sending such communications. For this purpose, as well as for any other type of consultation or comment, the user may contact PENSUMO through the forms on the page as well as any other medium of his choice, provided that he assures it´s reception by PENSUMO .
PENSUMO shall use “cookies” in order to facilitate the navigation and offer the services in a personalized and more agile way. The “cookies” are small text files that the server enters in the folder preconfigured by the operating system of the user’s computer to identify them. If the user does not want a “cookie” to be installed on your hard disk, you must configure your Internet browser to not receive them. Likewise, the user may destroy the cookies “freely”. In case the user deletes the “cookie”, the quality and speed of the services may decrease.
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Disclaimer of PENSUMO
5.1. Except as required by current legislation or a competent judicial or administrative authority for this, and whenever technically possible, PENSUMO: (a) shall not have the obligation to supervise the Contents that it stores or manages as a result of the provision of services; And (b) shall not monitor or control in any way the nature of the activities carried out through the services, in order to detect those that are of an illegal nature. Consequently, PENSUMO shall not respond in case of use of the Services by the user or third parties in a way contrary to the provisions of these general conditions.
5.2. PENSUMO shall not be liable, in any case, for possible breaches of the services or delays in the provision of the services, especially when: (a) they can be attributed in a justified manner to the actions or omissions of the user; (B) occur during a period of programmed maintenance or restructuring of the Services, announced to the user in good time [provided that the need to carry out such activities is foreseen or can be foreseen]; Or (c) result from force majeure or from any other cause not directly attributable to PENSUMO.
5.3. The user shall be solely responsible for the use of the services, without PENSUMO intervening in such use beyond the mere provision of such Services. In particular, in case the user authorizes third parties to send content to their personal account of PENSUMO (as, for example, in the case of entities that offer the user such possibility).
5.4. Except in cases where there is fraud or gross negligence of PENSUMO or the user has the status of consumer – in the sense provided in Royal Legislative Decree 1/2007, dated November 16, which approves the consolidated text of The General Law for the Defense of Consumers and Users and other complementary laws-, PENSUMO shall not be responsible in any way for the damages that may suffer the user as a result of the Services.
6. DISCLAIMER OF WARRANTIES
6.1. PENSUMO undertakes to carry out all necessary efforts to guarantee the availability and continuity of the website and the services. However, PENSUMO can not guarantee that the website and the services work correctly at all times, that the user can access them and use them quickly, uninterrupted and error-free. In the same way, PENSUMO does not grant any guarantee regarding the suitability and content of the website or any of the services to satisfy the specific needs of the user.
6.2. PENSUMO shall act diligently according to the general uses accepted in the sector to avoid the presence in the website or in any of the services of virus or other harmful elements that could cause alterations in the computer system of the user, in its electronic documents or in its files , but can not guarantee the absence of such elements, not being responsible for any damages that this could cause.
6.3. PENSUMO does not guarantee the technical availability, quality, reliability, accuracy or veracity of the contents and services available in sites owned or managed by third parties to which the user can access through technical links devices from the Website. PENSUMO does not control the contents of said website nor does it offer or market the products and services available on the linked websites, nor does it assume any responsibility for them.
7. APPLICABLE LAW
These general conditions are governed by Spanish Law and by the Courts and refer to the territorial jurisdiction of the Courts and Tribunals of Zaragoza (Spain), without prejudice to the competition that results from the application of consumer or user regulations.Legal Notice