1. ON THE CONDITIONS OF USE OF THE PLATFORM: THEIR ACCEPTANCE, MODIFICATIONS AND VALIDITY.
These general conditions regulate the use of the service(s) associated with the web platform www.bemate.com (hereinafter, the “Platform”), which is under the ownership of
BE MATE COMMUNITY ESPAÑA, S.A. (hereinafter,
“BE MATE”), with Tax Identification Code A87035838, registered office at C/de la Palma, 10, Madrid (28004) – Spain and registered in the Companies Register of Madrid, Volume 32409, Folio 35, Section 8, Page 583346.
1.1. Platform Users
The navigation and use of the Platform confers you the condition of user of the same and implies your full acceptance, without reservations, of each and every one of the provisions included in these General Conditions of Use, according to the version published by BE MATE at the moment in which the user accesses the Platform.
All users of the Platform must be at least (18) years of age, so you assume responsibility for compliance with this condition.
1.2. Validity
The declaration of any of the conditions of use as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining conditions, which shall continue to be binding between the parties. Likewise, the waiver by any of the parties to demand, at any given time, the fulfilment of any of these conditions shall not imply a general waiver of the fulfilment of any other condition or conditions imposed, nor shall it generate an acquired right for the other party.
1.3. Duration
Access to the contents of the Platform has, in principle, an indefinite duration.
BE MATE is authorized to terminate or suspend the provision of services or the development of actions through the Platform at any time, although with full respect for the applicable regulations in these cases.
2. GENERAL CONDITIONS OF ACCESS AND USE OF THE PLATFORM.
Through the Platform, BE MATE provides users with information, requests, access and/or use of the services or contents (hereinafter, the “Service” or the “Services”), developed or made available by BE MATE under the terms and conditions provided for each case.
2.1. Access to and use of the Platform is free of charge
The access and/or navigation through the Platform by the users is free of charge, which is understood without prejudice to the remunerated nature of the services that could be made available through the Platform under the terms and conditions established by BE MATE.
2.2. Navigation, registration and data forms
In general, the initial access or browsing through the Platform does not imply or determine the prior subscription or registration of the users. However, BE MATE may condition the provision of certain services, or access to the contents offered through the Platform, to the prior registration of the user in the same, as well as to the completion by the user of the corresponding data forms. BE MATE reserves the right to unilaterally modify, at any time, the registration system or the data forms provided on the Platform for legal, technical or corporate reasons, or in accordance with any self-regulation processes to which it may be subject.
2.3. Truthfulness, accuracy and timeliness of the information provided by the user
The data entered by users in the corresponding registration forms or in the data collection forms available through the Platform must be, at all times, accurate, current and truthful and will be processed by BE MATE, in accordance with Spanish legislation on personal data protection (in the case of personal data). The user (or his/her legal representative) shall be solely responsible for any false, inaccurate or out-of-date statements made and for any damages caused to BE MATE or third parties as a result of the breach of this duty.
2.4. Obligation to make correct and responsible use of the Platform and the Services
The user undertakes to use the Platform and the Services in a reasonable manner in accordance with the current regulations, these conditions of use, the particular conditions of the services, the privacy policy and other notices, regulations of use, and instructions made known to them, generally accepted morality and good customs, and public order. In the event of non-compliance with such commitments, BE MATE reserves the right to exclude, prohibit or deny access to the Platform and its services, without prejudice to the possibility of BE MATE exercising any legal and/or judicial actions deemed to be of interest in relation to its legitimate interests and rights (its own or those of third parties).
3. NON-PERMITTED USES.
It is PROHIBITED for users of the Platform:
- Use any of the services or contents available through the Platform for illicit purposes or effects, prohibited in these conditions, harmful to the rights and interests of BE MATE, or of third parties. It will be considered illicit purposes, among others, the use by the users of the services or contents available with a lucrative, commercial purpose, theft of secrets or business “know how”, promotional, advertising, among others.
- Damage, disable, overload, impair or impede the normal use of the services through the Platform, as well as cyberattack in any way the Platform, systems or associated processes.
- Transmit, communicate or make available to third parties, information, data, content, messages and, in general, any kind of content that may violate the use of the Platform and/or is contrary to law.
In the event of non-compliance in the use of the Platform, BE MATE reserves the right to exclude, prohibit or deny access to the Platform and its services, without prejudice to the possibility of BE MATE exercising any legal and/or judicial actions it deems necessary.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY.
4.1. Intellectual property of the website’s own content
The user undertakes to use the content made available to them on the Platform, which is understood to include, but is not limited to, texts, graphics, images, icons, technology, software, links and other digital, audiovisual or sound content, as well as their graphic design and source codes (hereinafter, the “Contents”), in accordance with the law, these conditions of use, the particular conditions of the services and other notices, regulations of use and instructions made known to them, as well as with generally accepted morals and good customs and public order. In particular, you undertake to refrain from:
- Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the services and contents, unless authorised by the owner of the corresponding rights or it is legally permitted;
- Delete, manipulate or in any way alter the copyright and other data identifying the reservation of rights of BE MATE or third parties.
- Exercise or abuse the exercise of the exploitation rights associated with such content, unless expressly authorised to do so by its legitimate owner and, where appropriate, to do so under the conditions expressly agreed in this regard.
All trademarks, names, distinctive signs, content architecture (design, navigation, arrangement and taxonomy of the Platform and its contents, etc.) and contents or software of any kind that are incorporated in the Platform are the property of BE MATE, or of third parties, without it being understood that the use or access to the Platform and/or to the contents or services, attributes to the user any right over the aforementioned trademarks, commercial names and/or distinctive signs, as well as over any of the other elements provided through it.
5. HYPER LINKS
Users and, in general, those persons who intend to establish a hyperlink between their website and the Platform (hereinafter, the “Hyperlink”) must comply with the following conditions:
- The Hyperlink will only allow access to the home-page or home page of the Platform, but may not reproduce them in any way, which includes the prohibition to reproduce or link to specific contents or services of the Platform without the express written authorisation of BE MATE;
- No frame will be created on the Platform’s web pages;
- No false, inaccurate or incorrect statements or indications shall be made about BE MATE, its senior management, its officials or collaborators, or about the contents or services provided, either directly or indirectly;
- It shall not be stated or implied that BE MATE or any other third party present on the Platform has authorised the Hyperlink or that it has supervised or assumed in any way the services offered or made available on the web page on which the Hyperlink is established. With the exception of those signs that form part of the Hyperlink itself, the web page on which the Hyperlink is established shall not contain any trademark, name, label, denomination, logo, slogan or other distinctive signs belonging to BE MATE or to third parties that are related to the same, in particular, those visible through the Platform;
- The web page on which the Hyperlink is established shall not contain information or contents that are illicit, contrary to morality and generally accepted good customs and public order, especially with regard to the disabled or especially vulnerable persons such as minors or the elderly, nor shall it contain contents that infringe any rights of BE MATE or third parties.
- The establishment of the Hyperlink does not imply, under any circumstances, the existence of a relationship between BE MATE and any third party included or existing on the Platform, on the one hand, and the owner of the website on which it is established, on the other hand, nor the acceptance and approval by BE MATE or such third parties of its contents or services.
- In any case, BE MATE may, at any time, urge the persons who have established a hyperlink between its website and the Platform to remove the hyperlink, subject to any legal and/or judicial action that may correspond to it.
6. EXCLUSION OF WARRANTIES AND LIABILITY.
E MATE does not guarantee the availability and continuity of the operation of the Platform and of the services made available through the same, whether of its own or of third parties. Neither does it guarantee the usefulness of the Platform and of the contents and services made available through the same for the performance of any specific activity or purpose intended by the user of the same.
BE MATE does not control or guarantee the absence of viruses or other elements in the contents that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system, although it will adopt the necessary preventive and corrective measures in this area.
BE MATE does not absolutely guarantee the truthfulness, accuracy, completeness, timeliness, legality, reliability and usefulness of the contents and services of the Platform, in particular, of those provided, offered, advertised or transferred by third parties outside this entity.
BE MATE may make available to Users through the Platform technical linking devices (such as, among others, links, banners, buttons), directories and search tools that allow Users to access websites belonging to and/or managed by third parties (hereinafter, “Linked Sites”). The sole purpose of installing these links, directories and search tools on the Platform is to facilitate users’ search for and access to information, content and services available on the Internet. The results of search tools are provided directly by third parties and are the result of the automatic operation of technical mechanisms, so BE MATE cannot control and does not control these results and, in particular, that among them appear Internet sites whose contents may be illegal, contrary to morality or good customs or considered inappropriate for other reasons.
BE MATE, despite the multiple prohibitions, rules and recommendations that it addresses to the users of the Platform, does not guarantee, nor is it responsible in any way that the users make use of the same, of the services and of the contents made available through the same in a manner consistent with this legal notice or the privacy policy, nor that they do so in a diligent and prudent manner. However, it may implement security and detection systems in this area and will adopt all the necessary corrective measures from the moment it has reliable knowledge of possible breaches in this regard, ensuring the general legitimacy of the services, contents, evaluations, opinions and comments that may be made through the Platform, without this representing or implying for BE MATE any obligation of control at its own expense.
In all of the above cases, BE MATE excludes any liability, damages or losses that occur or could occur, to the full extent permitted by the applicable legal system, either against the user, their respective legal representatives or any other third party.
