Terms of service
General Conditions of Use and Contracting
These General Conditions of Use and Contracting (hereinafter the “General Conditions”) apply, alongside the Privacy and Cookies Policy, to the access and utilization made by the User of the Website www.getbadger.io (hereinafter the “Website”) as well as to the use of products and services through it.
By accepting the General Conditions, the User states:
- That he has read and understood its contents.
- That he is a person with sufficient capacity to use.
- That he assumes all obligations set forth herein.
The use of this Website attributes the condition of the user of the Website (hereinafter, the “User”) and implies the acceptance of all the terms contained in these General Conditions. The User must carefully read these General Conditions every time he intends to access the Website, hence the Website and these General Conditions are subject to amendments. If these General Conditions are not accepted, the User has to leave the Website immediately.
The Website owner reserves the right to make, at any time and without prior notice, any changes or updates on the contents and services; on the General Conditions and, in general, on those elements making up the design and setting of the Website. Said changes may be published in the same way as these General Conditions appear, or through a communication addressed to the User.
The modification of these General Conditions shall not affect the products, services or promotions hired previously.
In compliance with the applicable regulations, we hereby provide general information about the Website:
Business name: marketgoo Internet, SL (hereinafter, marketgoo) VAT no.: B-83903583 Address: Camino de Malatones, 63 – 28110 Algete, Madrid Contact e-mail: [email protected] Company registry details: Volume: 19819 Book: 0 Sheet: 81 Section: 8 Sheet: M-349059 Registration: 1 Date: 03/04/2004
2.1. Website Access
Access to the Website is free except for the cost of connection through the telecommunications network supplied by the service provider contracted by the User.
2.2. Need of registration
In general terms, User registration is not required for the access to the services and contents of the Website. However, the use of certain services and content may be subject to prior registration.
The data entered by the user must be accurate, current and truthful. The Registered User shall be responsible at all times for protection of its password, undertaking any damages arising from its misuse, as well as its assignment, disclosure or loss of it. For these purposes, access to restricted areas and / or use of content and services conducted under the password of a Registered User shall be deemed made by such Registered User, who shall be responsible at all times for such access and use.
2.3. Rules for the use of the Website
Access to the Website by minors is prohibited. When applicable, it will be presumed that access has been made with prior and express authorization of parents, guardians or legal representatives of the minor.
The User agrees to use the Website and all of its contents and services as provided by law, morality, public order and the hereby General Conditions. Likewise, the User undertakes to make appropriate use of services and / or contents of the Website and not to use it for illegal or criminal purposes, which infringe the rights of others and / or violate the regulations on intellectual property, or any other applicable legal standards.
The User agrees not to transmit, insert, disseminate or make available to third parties any material and information (data, content, messages, pictures, audio and video files, photographs, software, etc.) that are not in accordance with law, morality, public order and these General Conditions. The User agrees to (including but not limited to):
- Not to insert or disseminate either content or advertisements with a racist, xenophobic or pornographic character, justifying terrorism or that threaten the human rights.
- Not to introduce or disseminate on the network data programs (viruses and harmful software) susceptible to causing damage to access provider computing systems, its suppliers or third Users of the Internet.
- Not to disseminate, transmit or make available to third parties any information, content or element undermining fundamental rights and public freedoms recognized by the Constitution and international treaties.
- Not to disseminate, transmit or make available to third parties any information, content or element considered as unlawful or unfair advertising.
- Not to disseminate unsolicited or unauthorized advertising, promotional materials, “spam mail”, “chain mails”, “pyramidal structures”, or any other form of request, except in those areas (such as commercial areas) expressly designed for these purposes.
- Not to insert or disseminate any kind of information with false, ambiguous or inaccurate content pursuing to mislead the recipients of the information.
- Not to supplant other Users by making use of their usernames for the different services and / or contents of the Website.
- Not to disseminate, transmit or make available to third parties any information, content or element involving a violation of the intellectual and industrial property rights that may correspond to the owners of the Website or any other third party.
- Not to disseminate, transmit or make available to third parties any information, content or element involving a violation of the secrecy of communications and the personal data regulations.
The User agrees to indemnify marketgoo in case of any possible claim, fine or penalty that marketgoo is obliged to bear as a result of the breach by the User of any of the aforementioned rules for the use of the Website, reserving the right to claim compensation for damages and losses as appropriate. Also, marketgoo reserves the right to prevent access to the Website to users who fail to comply with the General Conditions.
marketgoo cannot guarantee and, therefore, is not responsible for:
- The continuity of the contents of the Website;
- The absence of errors in said contents;
- The invulnerability of the Website and / or the impossibility of violating the security measures adopted on it;
- The lack of usefulness or performance of the contents of the Website;
- Damages caused by any person who infringes these General Conditions and any other instructions and rules that marketgoo established for the Website or through the violation of the security systems of the Website;
- Damages caused to the software and hardware of the Users or third parties during the use of services offered on the Website.
- Damages caused to the User as a result of failure or disconnection of telecommunications networks that produce the suspension, cancellation or discontinuance of the Website service while providing the same or in an earlier stage.
marketgoo undertakes no responsibility for updating this Website to keep information current. Likewise, marketgoo does not warrant that the information published is accurate or complete. Therefore, the User must confirm that the information published is accurate and complete before taking any decision related to any services or contents described in this Website.
User access to the Website does not imply for marketgoo the obligation to supervise the absence of viruses, worms or any other malicious software. The User shall be responsible, in any case, for having adequate tools for the detection and disinfection of harmful computing programs.
Notwithstanding the above, marketgoo has adopted all the necessary measures, within the state of the art, to guarantee the functioning of the Website and minimize or mitigate the errors of the system. Both from the technical point of view and the contents published therein.
2.5. Contents and services linked through the Website
Service access to the Website includes technical linking devices, directories and even search tools that allow the User to access other websites and online portals (hereinafter “Linked Sites”). In these cases, marketgoo shall only be responsible for the contents and services supplied on the Linked Sites to the extent that it is fully aware of the illegality and has not deactivated the link with due diligence. In the event that the User firmly believes that a Linked Site is unlawful or hosts inappropriate content shall be entitled to report to marketgoo, but under no circumstances such a report shall entail an obligation to remove the corresponding link.
In no case, the existence of Linked Site shall presuppose the entrance into any agreement with the responsible or owner of those Linked Sites or the recommendation, promotion or identification of marketgoo with representations, contents or the services provided.
marketgoo is unaware of the contents and services of the Linked Sites and, therefore, is not responsible for damages caused by the unlawfulness, quality, unavailability, error or uselessness of the content and / or services of the Linked Sites or by any other damage that is not directly attributable to marketgoo.
2.6. Intellectual and industrial property
All contents of the Website, including but not limited to, text, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes are owned by marketgoo or third parties, without being transferred to the User any of the rights recognized by the current legislation on intellectual property.
The trademarks, trade names or logos are owned either by marketgoo or third parties without being understood that access to the Website assigns any right on them. Except as expressly agreed in writing by the owner, it is expressly prohibited to use or reproduce the contents herein.
2.7. Personal Data Protection
All personal data provided during the use of the Website will be treated in accordance with the provisions of the Terms Policy that every User must expressly accept to use and register in the system. We treat your data in accordance with the General Data Protection Regulation (EU) 2016/679 (General Data Protection Regulation) and any other applicable regulations.
3. Void and severability of the clauses
If any clause in these General Conditions were declared totally or partially invalid or unenforceable, such invalidity or unenforceability shall only affect the specific provision or, subsisting the remaining General Conditions. The invalid or unenforceable provision shall be understood as not included.
4. Applicable law and jurisdiction
These General Conditions are governed by and construed in accordance with Spanish legislation. marketgoo and the User agree to submit any dispute that may arise from the provision of goods or services covered by these General Conditions to the Courts of the city of Madrid, Spain, unless otherwise stated by the law.
In the event that any provision of these General Conditions is declared void or unenforceable, wholly or partly, by any Court or other competent administrative body, such nullity or non-application shall not affect the rest.
The non-exercise or non-execution by marketgoo of any right or provision contained in these General Conditions shall not constitute a waiver thereof, unless acknowledgment and agreement in writing by marketgoo.
Any action or claim related to the use of the Website may be filed by sending and electronic or post mail to the addresses indicated in the “Identification” section of these General Conditions. In any case, we commit ourselves to seek at all times a friendly solution to the conflict.
5. User data disclosure
Last updated: May 2022
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