TERMS AND CONDITIONS OF ACCESS AND USE OF THE WEBSITE
I.INTRODUCTION AND OBJECT:
BE CHARTER BOATS S.L. is a Spanish company, registered in the Mercantile Register of Barcelona, with CIF number: B55566707 and registered office in POLIG. INDUSTRIAL LES TAPIES, C / GIL VERNET, 35, 43890 HOSPITALET DE L'INFANT, TARRAGONA (hereinafter BeCharter), which operates in the fields of distribution and trade of goods and services and owns a website on the Internet (hereinafter, the WEBSITE), through which it puts certain information at the disposal of its users as well as markets certain products and provides certain services.
The WEBSITE is accessible from several domains or Internet addresses, being the main one of them: http://www.becharter.com/
Through the WEBSITE, BeCharter provides its Users the access and use of various services and contents (hereinafter, the "Services") made available by BeCharter or by third parties. The present terms and conditions are intended to establish and regulate general access to the WEBSITE, as well as to the different contents and services provided by BeCharter or by third parties from and / or through it.
Both the access and the general use of the WEBSITE attribute the condition of user thereof (hereinafter, the "User"), necessarily implying full and unreserved acceptance of each and every one of the provisions included in the general terms and conditions of access and use of it.
The User is expressly aware and accepts that these conditions may undergo variations in the future at the discretion of BeCharter and without any obligation of prior notice on their part. Consequently, it will be the sole responsibility of the User to verify the terms and conditions in force on each of the occasions in which he intends to use the WEBSITE.
The use of certain services offered to Users through the WEBSITE - in particular the TRANSACTIONAL ENVIRONMENT or ON-LINE STORE on the WEBSITE - is subject to particular conditions (hereinafter, the "Particular Conditions"), which, depending on the case , may replace, complete and / or modify these terms and conditions.
II. LEVELS OF ACCESS AND REGISTRATION OF USERS:
In general, mere access to the WEBSITE may be free. However, BeCharter regulates access to certain areas of the WEBSITE and the use of all its Services with the previous completion of the corresponding User registration form.
For all purposes, access to the WEBSITE through User identification through social networks will be considered a User registration and necessarily implies acceptance without reservation or objection to these general terms and conditions.
Likewise, BeCharter may make available to Users certain Services for whose use may require the completion of additional records and / or satisfaction of certain monetary considerations. In your case, such registration will be made in the manner expressly indicated in the service itself or in the particular conditions that regulate it.
The condition of User of BeCharter requires legal age of majority. The User declares -in any case-, to have at least 18 years old.
The User guarantees the veracity of the previous manifestation, as well as all the registration data provided to BeCharter and is responsible for keeping them completely updated while their condition lasts. In any case, the User will be solely responsible for the false or inaccurate statements made and the damages caused to BeCharter or third parties for the information provided.
BeCharter reserves the right to refuse registration on the WEBSITE. This refusal will not entail any right to compensation.
Once the registration process is completed successfully, BeCharter will register the User in its database of registered Users. An account will be generated with your email address and associated access keyword for each User.
III. USER OBLIGATIONS:
The following shall be the obligations of the User, without detriment to those arising from the clauses of this document:
The User will be obliged to guarantee the veracity and accuracy of the registration data entered in the information systems of BeCharter and to carry out as many updates as necessary. In any case, the User will be solely responsible for the false or inaccurate statements made and the damages caused to BeCharter or third parties for the information provided.
Guarding the user and the password with diligence, preventing the access of third parties not authorized to them and therefore ensuring their confidentiality.
Notify BeCharter immediately any indication of the existence of a breach in the security WEB SITE, of inappropriate or prohibited uses of the services provided from it, or security failures of any kind.
Make good use of the content, information and services provided from or through the WEBSITE, in accordance with the law, good faith and generally accepted good practices, expressly committing to:
Refrain from carrying out practices or uses of the services for illicit, fraudulent, harmful purposes of rights or interests of BeCharter or third parties, infringers of the rules contained in this contract or in the Particular Conditions that, where applicable, regulate any of the services borrowed from or through the WEBSITE.
Refrain from any action that could disable, overload or damage systems, equipment or services of the WEBSITE or accessible directly or indirectly through the WEBSITE.
Respect the intellectual and industrial property rights of BeCharter and third parties regarding the contents, information and services provided from or through the WEBSITE, abstaining in general terms from copying, distributing, reproducing or communicating in any way the same to third parties, no express written authorization from BeCharter or from the holders of said rights.
IV. INTELLECTUAL AND INDUSTRIAL PROPERTY:
All the software and the contents of the WEBSITE, including: html code, texts, animations, images, etc. as well as the brands, trade names and / or distinctive signs shown, are the property of BeCharter or third parties and are protected by national and international intellectual and industrial property laws.
Any use outside the WEBSITE, including the reproduction, modification, distribution, transmission, reissue, arrangement or representation of any of its elements is strictly prohibited unless express written consent of BeCharter.
V. EXCLUSION OF GUARANTEES:
Access to the WEBSITE does not imply any type of guarantee, expressly refused by BeCharter, regarding the quality, veracity, accuracy, lawfulness, timeliness or validity, as well as the usefulness or adequacy to any purpose of whoever accesses them. Both the access to the WEBSITE and the use that may be made of the information and contents included in it or that is accessible from it, is made under the sole responsibility of the User.
BeCharter will not respond in any case and in any way, neither for direct or indirect damages, neither for emergent damages nor for loss of profit, for the possible damages derived from the use of the information and contents of the WEBSITE or accessible from or through the same.
BeCharter DOES NOT guarantee in any way the quality, veracity, accuracy, legality, timeliness or validity, as well as the usefulness or adequacy to any purpose of the contents that make up the WEBSITE. BeCharter excludes, to the fullest extent permitted by law, any responsibility of any kind for the quality, veracity, accuracy, lawfulness, currency, validity or usefulness / adequacy to any purpose that the user could have attributed to the contents that make up SITE WEB.
The WEBSITE may contain links to pages that, even within the WEBSITE, are under the responsibility of third parties. Likewise, the WEBSITE may contain links to external pages in any case to the same. In both cases, BeCharter can not control or supervise this content in any way. BeCharter excludes, to the fullest extent permitted by law, any responsibility of any kind, arising from the existence or possibility of access to such content.
Likewise, BeCharter will not be in any way responsible, even indirectly or subsidiary, for products or services provided or offered by other persons or entities, or for contents, information, communications, opinions or statements of any kind originated or spilled by third parties and that are accessible through the Web pages of BeCharter.
SECURITY AND PRIVACY:
BeCharter will reasonably use the means at its disposal to provide security systems that reasonably protect its systems and the data contained in them against deliberate attacks, malign software, etc..
However, the User understands and accepts the aspects that the provision of services through the Internet entails given the open, decentralized and global character of this communications network.
For this reason BeCharter DOES NOT guarantee the impregnability of its security systems nor the privacy of the information housed in them. BeCharter excludes, to the fullest extent permitted by law, any responsibility of any kind for security failures on the WEBSITE and the consequences that may arise from them.
INTERRUPTIONS AND/OR SUSPENSION OF THE SYSTEM:
In general, the different services will be available uninterruptedly on the Internet. However, the User is aware that BeCharter DOES NOT guarantee this continuity in any way due to the nature of the medium through which they are provided
The User understands and accepts the aspects that the provision of services through the Internet entails given the open, decentralized and global character of the network.
For example, but not limited to, the following are some of the situations that may temporarily interrupt the provision of these services:
Maintenance tasks on the servers and / or data lines.
Faults in servers and / or data lines
Deliberate attacks on the security and integrity of the system
Computer viruses or presence of malicious code in the pages that make up are not accessible from the WEBSITE.
BeCharter excludes, to the fullest extent permitted by law, any responsibility of any kind arising from the temporary interruption in the availability of the WEBSITE on the Internet.
The User is aware that BeCharter may at any time, at its sole discretion and without any obligation of prior notice, permanently suspend the presence of the WEBSITE on the Internet and therefore of the services provided from or through it. , without prejudice of what has been arranged in this regard in the corresponding Special Conditions. BeCharter is exempt from any type of liability of any kind arising from the consequences that may result from the definitive suspension of the provision of said services.
Warning about the product stocks shown in the online store of the WEBSITE: the WEBSITE consists of an online shop section that can show information about available stocks of products. Said information is communicated, in each case, by the manufacturer or distributor thereof.
BeCharter makes efforts to keep this information of stock on the WEBSITE up to date, based on the information transmitted at any time by the manufacturer or distributor, but can not guarantee at all times the adequacy to reality of the same because it is third party information , supplied by third parties.
VI. VOLUNTARY LOW, EXCLUSION AND RESPONSIBILITIES:
Any User may request their withdrawal, at any time, as a user of the WEBSITE. BeCharter will have a period of 30 days to examine the situation of said User with respect to the totality of services to which he is subscribed, in order to, if necessary, issue an invoice for all those consumptions that upon receipt of the request for cancellation. They are pending collection.
If there is no amount pending settlement and / or collection, the withdrawal will take effect immediately. Otherwise, the withdrawal will be subject to the effective collection of these amounts by BeCharter.
The User is responsible for the good use of the WEBSITE and the services contracted from or through it. Any use of the services to the contrary by the User, will lead to the immediate exclusion of the WEBSITE with loss of its registered user status, without any right to compensation and without prejudice to the corresponding legal actions by BeCharter there would be place.
The falsity of the personal and / or professional data provided by the User during the registration process on the WEBSITE or any of the services provided from or through it may entail the immediate exclusion of the WEBSITE with loss of user status registered of the same, without right to compensation some and without prejudice of the corresponding legal actions to that on the part of BeCharter or of third parties there be place.
Any type of action on the part of the user that could put at risk or damage systems, equipment or services accessible directly or indirectly through the WEBSITE, will lead to its immediate exclusion from the same with loss of its status as a registered user without any right to compensation and without prejudice to the corresponding legal actions that BeCharter may take place.
Any type of action by the user that violates these terms and conditions, the Particular Conditions that could regulate specific Services, the Law or generally accepted good practices, will lead to their immediate exclusion from the WEBSITE with loss of their status as a registered user of the same, without right to any indemnity and without prejudice to the corresponding legal actions that BeCharter may take place.
The User will be solely responsible for any claim, legal action, judicial or extrajudicial, initiated by third parties both against the User itself and against BeCharter, based on uses of services contrary to law, morals, good faith and Good habits generally accepted.
For the purpose of making the appropriate notifications, BeCharter designates as contact address the one specified as its own in the heading of these terms and conditions.
The electronic mail provided by the User during the registration process on the WEBSITE will be the one used by BeCharter for the purposes of notifying the User.
The User is obliged to keep duly updated the data that for the purposes of notifications are referenced in this clause.
All notifications made by BeCharter to the User will be validly considered if they have been made using the data and through the aforementioned means.
BeCharter is not responsible for any damage that may occur due to the User's breach of its maintenance obligation updated contact information.
BeCharter may modify without prior notice the promotions and discounts generated by the existing promotions policies in its web pages, and reserves the right to cancel or cancel the discounts obtained if it suspects that they have been obtained in an illegitimate or fraudulent manner.
Likewise, BeCharter reserves the right to cancel discounts and restore the original data of the users in the promotions if there are changes in the conditions of application and / or generation of the rules and promotions that have generated said discounts.
IX. VALIDITY AND COMPLETE AGREEMENT:
The declaration of nullity or invalidity of any stipulation contained in these terms and conditions, does not affect the validity and effectiveness of the other clauses.
The present terms and conditions of the services provided by BeCharter through the WEBSITE constitute the total agreement between the parties, considering themselves superior to any prior written or verbal agreement, understanding, affirmation, representation, negotiation or purpose of agreement in relation to with this stuff.
X. APPLICABLE LAW AND JURISDICTION:
The present terms and conditions will be governed and interpreted in each and every one of its extremes by Spanish Law.
Both BeCharter and the User undertake to try to resolve in a friendly manner any disagreement that may arise in the development of the commercial relationships that are theirs.
For the solution of any litigious issues that may arise from the development of the commercial relations that are proper to them, both parties agree to submit to the jurisdiction of the Courts and Tribunals of Madrid (capital), except in its case-mandatory legal submission to the jurisdiction of part.