General Conditions

1.- OBJECT

These general conditions of use (hereinafter CGU), regulate the access and use of the Website under the domain https://sportifydevices.com (hereinafter Website), owned by "SPORTIFY EMS DEVICE, S.L." (hereinafter SPORTIFY), made available to users (hereinafter User/s)

If you have any questions or queries related to the use and access to the Website or these CGU, you can contact us through the contact information published in the Legal Notice


2.- AGREEMENT WITH THE PRESENT GENERAL CONDITIONS OF USE

The use of the Website implies full acceptance by the user of the GCU in force at each time the User accesses it. Therefore, if you do not agree with any of the conditions established here, you must refrain from using this Website.

Consequently, the User must carefully read the GCU each time he intends to use the Website.

In any case, SPORTIFY reserves the right to modify, without prior notice and at any time, CGU. Likewise, SPORTIFY reserves the right to suspend, interrupt or stop operating the Website at any time.

By ?use of the Website?, we mean any User who accesses and browses the Website regardless of whether or not they complete the registration forms.


3.- CONDITIONS OF ACCESS AND USE OF THE WEBSITE AND ITS CONTENTS

Access to the Website and/or the Contents included therein does not imply any type of guarantee regarding the suitability of the Website and/or the Contents included therein for particular or specific purposes of the Users.

SPORTIFY may establish limitations and/or additional conditions for the use and/or access to the Website and/or the Contents, which must be observed by Users in any case.

3.1- Access and Use of the Website

Unless otherwise provided, the use of the Website will be free of charge, without prejudice to the cost of connection through the corresponding telecommunications network that the User has contracted.

The User acknowledges being over eighteen years of age, and is also aware and voluntarily and expressly accepts that the use of the Website is carried out in any case under his sole and exclusive responsibility.

The User undertakes to comply with the GCU, as well as to comply with the special warnings or instructions contained in the Website and to always act in accordance with the law, good customs and the requirements of the law. good faith, using its maximum in attention taking into account the nature and consideration of the service that it enjoys. For this purpose, you will refrain from using the Website in any way that could prevent, damage or deteriorate its normal functioning, the assets or rights of SPORTIFY, its suppliers, its distributors, the rest of the Users or in general of any third party.

Specifically and without this implying any restriction on the obligation assumed by the User in general in accordance with the previous section, the User undertakes to use the Website:

  1. Not to introduce, store or disseminate on or from the Website, any information or material that is defamatory, insulting, obscene, threatening, xenophobic, pornographic, in support of terrorism, incites violence, discrimination based on race, sex, ideology, religion or that in any way violates the manner, public order, fundamental rights, public liberties, honor, privacy or the image of third parties and in general current regulations.
  2. Not to introduce, store or disseminate through the Website any computer program, data, virus, code, or any other instrument or electronic or physical device that is likely to cause damage to the Website, in any of the services, or in any of the equipment, systems or networks of SPORTIFY, of any User, of the Suppliers or Distributors of SPORTIFY or in general of any third party, capable of causing any type of alteration or preventing the their normal operation.
  3. Not to introduce, store or disseminate through the Website any content that infringes the rules of intellectual property, industrial or third party rights, nor in general any content of which it does not hold, in accordance with the law, the right to make it available. disposal of third parties.

3.2- Access and Use of the Contents

The Contents of the Website are made available to the User with information from both their own sources and third parties.

SPORTIFY tries that the Contents are of the highest possible quality and are reasonably updated, but does not guarantee the usefulness, accuracy, completeness, relevance and/or timeliness of the Contents.

4.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

Through these GCU, no intellectual or industrial property rights are assigned to the Website or any of its component elements, the User being expressly prohibited from reproducing, transforming, distributing, publicly communicating, posting available, extraction, reuse, forwarding or use of any nature, by any means or procedure, of any of them, except in cases where it is legally permitted or authorized by the owner of the corresponding rights.

The User may view and obtain a temporary private copy of the Contents for their exclusive personal and private use in their computer systems (software and hardware), provided it is not for the purpose of carrying out activities of a commercial or professional nature. The User must refrain from obtaining, or attempting to obtain, the Contents by means or procedures other than those that in each case have been made available or indicated for this purpose or those that are habitually used on the Internet (provided that the latter do not imply a risk of damage or uselessness of the Website). The User must respect at all times all intellectual and industrial property rights on the Website, owned by SPORTIFY or third parties.


5.- EXCLUSION OF GUARANTEES AND LIABILITY

5.1.- Exclusion of Guarantees and Responsibility for the Operation of the Website.

SPORTIFY does not guarantee the availability and continuity of the operation of the Website and the services or Contents offered therein, nor that the existing content on its Website is updated, being exonerated from all liability for damages and damages of any nature that may arise from such circumstances.

SPORTIFY will carry out, as long as there are no circumstances that make it impossible or difficult to execute and as soon as it receives news of errors, disconnections and/or lack of updating of the contents, all those tasks aimed at to correct errors, re-establish communication and/or update the aforementioned contents.

Likewise, SPORTIFY does not guarantee the technical reliability of its Website, nor the access to its different pages, being in the same way exonerated from all responsibility for damages of any nature that may be caused by this cause.

In addition, SPORTIFY is not responsible for possible errors or security deficiencies that may occur due to the use by the User of a browser of an out-of-date or insecure version. in the browser or damage, errors or inaccuracies that may result from its malfunction.

In order to reduce the risk of introducing viruses into the Website, it uses virus detection programs to control all the Content that it introduces into the Website. However, SPORTIFY does not guarantee the absence of viruses or other elements on the Website introduced by third parties unrelated to SPORTIFY that may cause alterations in the physical or logical systems of the users or in the electronic documents and files stored in their systems. Consequently, SPORTIFY will not be in any way responsible for any damages of any kind that may derive from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the Users.

SPORTIFY adopts various protection measures to protect the Website, the data collected and the Contents against computer attacks by third parties. However, SPORTIFY does not guarantee that unauthorized third parties may have access to the type of use or navigation of the Website made by the User or the conditions, characteristics and circumstances in which it is carried out. Consequently, SPORTIFY will not be responsible in any case for damages that may arise from such unauthorized access.

SPORTIFY will not be held responsible in any case for the use that users and/or third parties may make of the Website or the Contents, nor for any damages that may arise from it.

5.2.- Exclusion of Guarantees and Liability for the Contents.

SPORTIFY does not edit third-party Content published on the Website and, consequently, does not guarantee nor is it responsible for the legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of said Content, as well as nor of the Contents owned by SPORTIFY. SPORTIFY shall in no case be responsible for any damages that may arise from:

  1. The lack of legality, veracity, accuracy, completeness and/or timeliness of the Contents originated by third parties and their own.
  2. The inadequacy for any purpose and the disappointment of the expectations generated by the Contents.
  3. Decisions or actions taken or avoided by the user relying on the information or data provided or provided in the Content, including without limitation the loss of profits or business opportunities.


6.- HYPERLINKS

Those people who intend to establish hyperlinks between their Web page and the Website must observe and comply with the following conditions:

  1. Prior authorization will not be necessary when the Hyperlink only allows access to the home page of the Website, but may not reproduce it in any way. Any other form of Hyperlink will require the express and unequivocal authorization in writing by SPORTIFY.
  2. The Web page in which the Hyperlink is established may only contain what is strictly necessary to identify the destination of the Hyperlink.
  3. The Web page in which the Hyperlink is established will not contain illegal information or content, contrary to morality and generally accepted good customs and public order, nor will it contain content contrary to any third-party rights.
  4. SPORTIFY reserves the right to block the Hyperlinks directed to the Website that do not have prior express authorization, even complying with the provisions of this point of the General Conditions.


7.- ACTIONS IN CASE OF NON-COMPLIANCE

SPORTIFY reserves the right to exercise as many actions as are available by law to demand the responsibilities derived from the breach of any of the provisions of these General Conditions of the Website by a user.


8.- PARTIAL NULLITY.

The declaration of any of the clauses contained in these General Conditions as null, invalid or ineffective will not affect the validity or effectiveness of the rest, which will continue to be binding between the parties.


9.- APPLICABLE LAW AND JURISDICTION

These CGU will be governed by the provisions of Spanish law.

Any controversy related to the conditions of use and access to this Website contained in this CGU document of the Website, the parties submit, expressly waiving any other jurisdiction that may correspond to them, unless otherwise determined by legal imperative , to the Courts of Dénia.


10.- NOTIFICATIONS

For the purposes of making the appropriate notifications, SPORTIFY designates the address specified in the Legal Notice as the contact address.

The email provided by the User during the registration process on the Website, will be used by SPORTIFY for the purpose of notifying the User

The User is obliged to keep the data referred to in this clause duly updated for the purposes of notifications.

All Notifications made by SPORTIFY to the User will be considered validly made if they have been made using the data and through the means indicated above. SPORTIFY is not responsible for any damage that may be caused by the violation of the User of his obligation to keep his contact information updated.