TERMS AND CONDITIONS
Introduction and objective:
SMART NET SL is a Spanish company, registered in the Mercantile Registry of Madrid (volume 27.032, Book 0, Page 92, Section 8, Sheet M-487085 registration or annotation:1), Company VAT number: B-85781151 and registered office in Madrid (28010), Fortuny 51 (hereafter SMART NET), that acts within the ambit of distribution and commerce of gods and services; and it is owner of an internet web site (hereafter TEAM QUESO official store), through which certain information is made available to users, and it commercializes certain products and provides certain services. TEAM QUESO official store is available from different domains or internet addresses, http://shop.arnoldclassiceurope.es is the main address.
Through The TEAM QUESO official store , SMART NET provides its users access and use of certain services and content (hereafter Services) made available by SMART NET or by third parties. The present terms and conditions aim to establish and monitor the general access to The TEAM QUESO official store, as well as different contents and services provided by SMART NET or by third parties.
The access and general use of The TEAM QUESO official store ascribe the condition of user (hereafter the User), necessary implying full acceptance of all dispositions included in the general Terms and Conditions of access and use.
The User accepts that these conditions can be modified in the future following the criteria of SMART NET and without obligation of prior notice. Consequentially the user has the responsibility to verify the current Terms and Conditions at the moment of use of The TEAM QUESO official store.
The use of certain services offered to users through The TEAM QUESO official store - in particular the transactional environment or online store of The TEAM QUESO official store - could be subject to special conditions (hereafter Special Conditions), that depending on the case, could replace, complete or modify the current general terms and conditions.
II. ACCESS LEVELS AND USER REGISTRATION
Generally, access to The TEAM QUESO official store is free and does not require previous user registration, however, SMART NET can restrict access to certain areas and use of certain Services requiring to fill out the register form.
SMART NET can make available certain Services to users that would require additional registration data and certain monetary compensations.
In this case, registration will be done expressly in the way indicated in the service or particular conditions which regulate it.
The User ensures the veracity of the data provided to SMART NET and User is also responsible to keep them updated. The User is always solely responsible for false or inaccurate information and the injuries caused to SMART NET or third parties by the provided information.
SMART NET keeps the right to refuse any user registration in The TEAM QUESO official store. This denial will not involve any compensation.
Once the register is be successfully completed, SMART NET will include User in the registered users data base. An account will be generated with your email address and the password associated with each user.
III. USER OBLIGATIONS
Will be user obligations, without a detriment to the new obligations that could arise in the future based on this document, the following:
· The user has to guaranty the veracity and accuracy of all data registered in the information system of SMART NET and update it if need be. User is always solely responsible for false or inaccurate manifestations and injuries caused by this information to SMART NET or third parties.
· Safeguard user and password provided by SMART NET to user diligently, preventing access by unauthorized third parties, therefore ensuring privacy.
· To notify SMART NET immediately of any indication or evidence of a security violation in TEAM QUESO official store, inappropriate or forbidden use of the services rendered from the site, or any security breach.
· Use contents, information and services rendered through TEAM QUESO official store correctly, in accordance with the law, good faith and accepted good conducts, committing to:
o Refrain from using services for illegal, fraudulent, harmful to the ends, rights and interests of SMART VENTURE or third parties, violators of the rules contained in this agreement or in the Special Conditions that regulate any service provided from or through The TEAM QUESO official store .
o Refrain from any action that may disable, overload or harm, any system or equipment of The TEAM QUESO official store directly or indirectly accessible through The TEAM QUESO official store.
o Respect intellectual and industrial property rights of SMART NET and third parties about contents, information and services rendered from The TEAM QUESO official store, refraining from copying, distributing, reproducing or communicating in any way to third parties, without specific written permission from SMART NET or holders of those rights.
IV. INTELLECTUAL AND INDUSTRIAL PROPERTY
All software and contents in The TEAM QUESO official store, included: texts, animations, pictures, etc. as well as brands, commercial names or distinctive marks showed, are property of SMART NET or third parties and they are protected by international and national intellectual property and industrial laws.
Any external use of The TEAM QUESO official store, included the reproduction, modification, distribution, transmission, republication, arrangements and representation of any elements are strictly forbidden unless written consent of SMART NET.
V. EXCLUSION OF GUARANTEES
Access to The TEAM QUESO official store doesnt imply any guarantee, expressly refuses to SMART NET, according to the quality, veracity, accuracy, legality, currency or force, as well as the usefulness or fitness for any purpose of the person accessing it. Access to TEAM QUESO official store and use of the information and contents included on the same or available from the same, is carried out solely under user responsibility.
SMART NET will not answer in any case or any measure, for direct or indirect damage, or for emerging damage or loss of profit, for possible damages coming from the use of information and contents of The TEAM QUESO official store or available from o through the same.
SMART NET DOES NOT guarantee the quality, veracity, accuracy, legality, currency or validity, as well the usefulness and suitability of the contents of The TEAM QUESO official store. SMART NET excludes, to the fullest extent permitted by law, any responsibility of any kind for quality, veracity, accuracy, legality, timeliness, validity or usefulness / appropriateness that a user could have attributed to TEAM QUESO official store.
The TEAM QUESO official store will contain links with websites, which even inside The TEAM QUESO official store belong to third parties. Furthermore, The TEAM QUESO official store could contain links with external websites. Both cases, SMART NET cannot monitor or control the content. SMART NET excludes, with the fullest extent permitted by law, any responsibility, derived from existence or accessibility to the content.
Therefore, SMART NET will not be responsible, even under indirect or subsidiary circumstances, by services or products rendered or offered by other people or entities, or by contents, information, communications, opinions or manifestations of any type originated or offered by third parties resulting available through the web sites of SMART NET.
VI. SECURITY AND PRIVACY
SMART NET will use all available means to provide security systems that protect up to a reasonable point their systems and data content in the same against deliberated attacks, malware, etc.
However, user understands and accepts the existing risks of provisioning services through internet due to the open, decentralized and global nature of the communication networks.
Therefore SMART NET DOES NOT guarantee the impregnability of their security systems, or the privacy of information placed in these systems. SMART NET excludes, with the fullest extent permitted by law, any responsibility of any kind for security breaches in The TEAM QUESO official store and the consequences that can be derived.
System interruptions and suspension
From a general standpoint the different services will be available continuously in internet. However, the user is advised that SMART NET DOES NOT guarantee in no way the continuity due to the media nature that provides it.
The user understands and accepts the aspect which renders the services through internet due to the opened, decentralized and global nature of the network. For example, and by way of illustration not exhaustive, below some situation are recorded that can stop temporally delivering systems:
· Maintenance services in the servers and data line.
· Serves and data line faults.
· Deliberated attacks against security and system integrity.
· Malware and malicious code in websites that conform and are available from TEAM QUESO official store
SMART NET excludes, with the fullest extent permitted by law, any responsibility of any kind derived of the temporally availability of The TEAM QUESO official store on the internet network.
The user is advised that SMART NET always can, with its own criteria and without previous obligation to notify, to terminate definitely the presence of The TEAM QUESO official store of SMART NET on the internet network. Therefore, the previous services rendered from or through this, without damage of what SMART NET disposes about that in the Special Conditions. SMART NET is exempted of any type of responsibility of any kind derived of the consequences that can occur for the definitely suspension of the rendered services.
Warning about product stocks showed in TEAM QUESO official store:
In The TEAM QUESO official store is a section about the stocks information and available sizes of communicated products, each case, by the manufacturer or dealer.
SMART NET makes efforts to keep updated information about stocks and sizes in The TEAM QUESO official store, depending of the transmitted information each moment by the manufacturer and dealer, but cannot guarantee the adaptation to reality from the same because it is external information or information provides by third parties.
Voluntary resignation, exclusion of The TEAM QUESO official store and responsibilities:
Any users can request the voluntary resignation, at any moment, as user of The TEAM QUESO official store. SMART NET provides 30 days to check the situation of the user about the whole services which the user is subscribed, in this case, the user can issue an invoice for all consumption that are pending billing when the voluntary resignation is done.
If there is not a pending settlement or charge, the resignation will be immediate. Otherwise, the resignation will be subject to payment of the total amount from SMART NET.
The user answered for the god use of The TEAM QUESO official store and services contracted from or through this. Any use of services in contrary contracted by the user, will assume the immediate removal of The TEAM QUESO official store and the loose of its condition of registered user, without compensation right of and without damage of the legal action that SMART NET
Personal or professional data falsity provided by user during the registered process in The TEAM QUESO official store or in any rendered services from or through this, would involve the immediate removal of TEAM QUESO official store and the loose of its condition of registered user, without compensation right of and without damage of the legal action requires by SMART NET.
Any action by the user that would put at risk or damage the system, equipment or available services direct or indirect through The TEAM QUESO official store would involve the immediate removal of The TEAM QUESO official store and the loose of its condition of registered user, without compensation right and without damage of the legal action that SMART NET be required.
Any action by the user that violate the current terms and conditions, special conditions that would regulate specific services, the law and the accepted god customs, would involve the immediate removal of The TEAM QUESO official store and the loose of its condition of registered user, without compensation right of and without damage of the legal action that SMART NET be required.
The user is solely responsible facing claims, legal, judicial and extrajudicial actions, indicated by third parties against the user or SMART NET, based on the uses against the law, moral, god faith and god customs accepted generally.
To do effective notifies, SMART NET designates as contact address the address specify in the heading of the terms and conditions.
The email address provides by the user during the register process The TEAM QUESO official store, will be used by SMART NET to notify user.
The user has to update its data for the notices indicated in this statement.
All notices that SMART NET provides to the user will be valid if SMART NET uses the data through the media noted above. SMART NET does not shuffle of any damage that could happen if the user does not keep updated its contact data.
VIII. Validity and completed agreement
Declaration of invalidity or nullity of any stipulation in the current terms and conditions, does not affect the validity and efficiency of the remaining clauses.
Current terms and conditions of rendered services by SMART NET through The TEAM QUESO official store are the entire agreement between all parties, considering it a higher rank of any previous written or spoken agreement, understanding, confirmation, representation, negotiation or the purpose of agreement on this matter.
VIX. Applicable law and jurisdiction
The current terms and conditions will be registered and interpreted in each of its points by Spanish law.
SMART NET and the user are committed to resolve conflicts amicably any disagreement that would emerge during the mercantile relationships.
To solve disputes that would emerge during the developing of mercantile relationships, both parties shall be subject to the jurisdiction of the Courts and Tribunals of Madrid (capital), except compulsory jurisdiction from legal submission.