These general conditions of use regulate the access and use of the www.escoda.com web site (the "Web Site") and are to be used for information purposes only. The Web Site has been created by Escoda Sabatés, S.A.with corporate address in Sabadell (Barcelona, Spain), c/Joaquín Costa, 47, postal code: 08206 and CIF: A58288697 (“Escoda”). Access and navigation of the Web Site implies the knowledge and unconditional acceptance of the following terms and conditions (the "General Conditions"):
1. Terms and Conditions
1.1. The content, commercial activity, products and services included in the Web Site are neither conceived nor directed to persons who reside in jurisdictions where its content is not duly authorized.
1.2. The Web Page at all times is made up exclusively of pages served by the domain www.escoda.com. Access and navigation of the Web Page is the exclusive responsibility of the users under the terms provided for in these General Conditions.
1.3. The simple act of viewing the content of the Web Page will not constitute any type of contractual relationship between Escoda and the user.
2. User Obligations
2.1. The user agrees to use the services and content of the Web Page in accordance with the Law, these General Conditions and the specific conditions of the services that Escoda offers at all times and agrees not use these for any of the following: (I) Carrying out unlawful or criminal activities which are malicious, immoral, against public order and/or activities which violate laws regarding intellectual and industrial property or any other applicable law. (II) Disseminating content of a nature that is racist, xenophobic, pornographic, promoting terrorism and/or attacking human rights. (III) Introducing or disseminating programs or data (viruses or harmful software) into the Net which can damage the computer systems of Escoda, its providers or third party users of the internal network of this Web Site. (IV) Communicating user names and passwords to non-authorized third parties. The user shall notify Escoda immediately in the event that an unauthorized user gains access to this information. To this effect, Escoda reserves the right to change the user name and password in order to protect its service. (V) Making available to other users, sending electronic mail or transmitting in any way content which, in accordance with applicable laws or existing contractual conditions, the user is not authorized to transmit (such as private information, information legally protected as industrial or intellectual property or information which is required to remain confidential). (VI) Spamming, and, in general, disseminating unsolicited or unauthorized marketing, marketing material, "junk mail", chain mail, "pyramid schemes" or any other form of information, except in specifically designated areas of the Web Site. (VII) Copying, duplicating, reproducing, selling, reselling, or exploiting, totally or partially, the content of the Web Site for commercial purposes.
2.2. The users who contract services through the Web Site declare that they are of legal age in accordance with Spanish legislation. If the user is not of legal age, authorization by parents or legal guardians is required in order to use the contracted service.
3. Changing Information
Escoda exclusively reserves the right to update, modify or delete the content of the Web Site, as well as the right to restrict or limit its access. Escoda may exercise these rights at any time and without prior notice.
4.1. Escoda, to the best of its ability, will be obliged to avoid errors in the content that may appear on the Web Site. Nevertheless, Escoda will be exempt from any responsibility derived from any eventual errors in the content that may appear on the Web Site.
4.2. Escoda will not be responsible for discrepancies that may exist between printed documents and the electronic versions published on the Web Site. In the event of a discrepancy between the printed version and the version published on the Web Site, the printed version will prevail.
4.3. Escoda will not be responsible in any way for content, commercial activities, products and services that may be accessed by electronic links, whether direct or indirect, through the Web Site. The links included on the Web Site, except when expressly stated otherwise, are for information purposes only and in no case are meant to be suggestions, invitations or recommendations. These links do not represent any type of relationship between Escoda and the individuals or companies owning the web sites that can be accessed through these links. Escoda reserves the right to remove the links on the Web Site at any time at its sole discretion.
5. Navigation, Access and Security
5.1. Escoda will make every effort to make navigating the Web Site as easy as possible.
5.2. The Web Site has been designed to support Internet Explorer navigation software. Given this, Escoda will not be responsible for damage of any kind that may come about to the users due to the use of other navigation software or different versions of the navigation software for which the Web Site has been designed.
5.3. Escoda disclaims any and all responsibility for guaranteeing that access to the Web Site will be continuous and without errors. Furthermore, Escoda disclaims any and all responsibility for guaranteeing that the content or software that may be accessed through the Web Site will be without errors and will not be able to cause damage to the computer from which the user accesses the Web Site. Escoda entirely disclaims any responsibility for any and all losses, damages or prejudicial consequences of any type that may arise from the use or navigation of the Web Site, including, but not limited to, damages to computer systems or damages arising from the infection of a computer virus. Particularly, Escoda disclaims any and all responsibility for crashes, interruptions, failure or defects in telecommunications that may occur during operations of a financial nature, and further disclaims any and all damages or prejudicial consequences which may come about in these cases.
5.4. Escoda disclaims any and all responsibility for damage that may occur to the users due to inappropriate use of the Web Site. 5.5. The services offered on the Web Site can only be used correctly if the technical specifications for which they have been designed are adhered to.
6. Data Protection
6.1 Escoda will only obtain and keep the personal information that the user can provide in accordance with the general conditions. The information obtained is completely anonymous and in no case will be associated with a specific identifiable user.
6.3 Escoda is the owner of a database created with the personal data provided by the users. Escoda is obliged to fulfil its obligation of keeping personal data confidential and to treat them with confidentiality, and to these effects to adopt the necessary measures to avoid their alteration, loss, unauthorized access or manipulation, taking into account at all times the state of current technology in accordance with applicable Spanish legislation relating to protection of personal data. The user agrees that personal data given at the moment of requesting any of our services will be recorded in an automated file that is property of Escoda with the purpose of providing the requested service, and to make available any information that may be of interest to the user regarding opportunities, products or new developments. In all cases, the user will be responsible for the truthfulness of the information provided and will be responsible for informing Escoda of any modification of this information; Escoda reserves the right to exclude any customer from their registered services who has provided false data, without prejudice to any other action they are legally entitled to. Finally, the user is advised that in order to exercise access, modification, opposition and cancellation rights he/she may send a written appeal to Escoda using the address indicated above.
7. Technical Information
Escoda disclaims any and all responsibility for possible damages or prejudicial consequences that may occur from interference, omissions, interruptions, computer viruses, telephone breakdowns or disconnections from the operation of this electronic system, caused by reasons that are not attributable of Escoda; nor will Escoda be responsible for delays or blockage in the use of this electronic system caused by defects or overload in the Data Processing Centre, telephone lines, Internet or other electronic systems; nor will Escoda be responsible for damages that may occur due to third parties due to illegal interference that is out of Escoda control. Likewise, Escoda disclaims any responsibility for any damages or prejudicial consequences that the user may suffer as a result of errors, defects or omissions in the information provided by Escoda provided that it originates from outside sources. Further, Escoda disclaims any and all responsibility for the inappropriate use of the service as a result of maintenance work, defective configuration of the user`s computer equipment or insufficient capacity to support the computer systems necessary for using the offered services.
8. Intellectual and Company Property
Specific content that the user can access through the Web Site is subject to industrial and intellectual ownership rights by Escoda or by third parties of these rights. Access to this content or elements through the Web Site does not confer to the user the right to alter, modify, exploit, reproduce, distribute, communicate publicly or any other right of the person who has the right in question. The user is bound to use the content and/or elements accessed through the Web Page for his/her personal use and needs, and in no case will use these for direct or indirect commercial exploitation.
9. Provision of services
9.1 The orders done through the web do not constitute any contractual relationship until Escoda sends an e-mail of confirmation.
9.2 Escoda may reject at any time orders, specially related to non paid invoices.
9.3 The information registered by Escoda constitutes prove of the order and the whole transaction. The information registered by the payment system constitutes prove of the financial transaction.
10. Cancellation and Suspension of Services
At any time and without prior notice Escoda may cancel or suspend its services to those users that are not in compliance with the conditions of use contained herein.
11. Duration and Termination
The provision of services and information included in the Web Site currently are offered indefinitely. Escoda at any time may terminate or suspend its service and/or any other element of the Web Site. When reasonably possible, the users will be informed prior to the termination or suspension of different services.
12. Applicable Legislation
Any issues that may arise between Escoda and the user relating to the interpretation, compliance and validity of the General Conditions will be governed by its clauses and, for that which is not provided for in said clauses, in accordance with Spanish Legislation, the parties expressly agree to submit to the jurisdiction of the Courts of the City of Sabadell (Barcelona, Spain).