SEDAL, SLU and its subsidiaries (collectively, "SEDAL") provides: (1) the websites located at www.sedal.com, www.sedal.es, www.sedal.cn, www.sedalconnect.com, www.sedalconnect.cn, www.sedalceramics.com and www.sedalceramics.cn, and all associated sites linked to them (each a "Site", collectively the "Sites"), (2) services accessible through the Sites ("Web Apps"), (3) software that may be downloaded to your smartphone or tablet to access services ("Mobile Apps").
3.1 Personal information provided or collected through or in connection with the Services shall only be used in accordance with the SEDAL Privacy Policy, and these Terms of Use and Conditions are subject to the SEDAL Privacy Policy. By accessing the Sites, Mobile Apps and Web Apps and by continuing to use the Services offered, you are deemed to have accepted this Privacy Policy, and in particular, you are deemed to have consented to our use and disclosure of your personal information in the manner prescribed in this Privacy Policy. We reserve the right to amend this Privacy Policy from time to time. If you disagree with any part of this Privacy Policy, you must immediately discontinue your access to the Sites, Web Apps and Mobile Apps and your use of the Services.
3.2 As part of the normal operation of our Services, we collect and use information about you. Accordingly, we have developed this Privacy Policy so that you can understand how we collect and use your personal information when you use the Services on the Mobile Apps, Web Apps or in the Sites:
(a) Before or at the time of collecting personal information, we will identify the purposes for which the information is being collected.The Services are directed to a general audience for adults. SEDAL will assume (and by using the Services you warrant that) you have legal capacity to enter into these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound by this Agreement). If You are using the Services on behalf of an organization or entity, You represent and warrant that You are authorized to agree to these Terms on their behalf and bind them to these Terms. You may only use the Services for your personal, non-commercial use. Your use must comply with all laws that apply to you. You may not use these Services if applicable laws prohibit such use.
Subject to these Terms, SEDAL grants You a non-transferable, non-exclusive right (without the right to sub-license) to access and use the Services by (i) using the Web Apps in connection with, and solely for the purpose of, controlling and monitoring the Products You own or are authorised to control and monitor or otherwise accessing a service explicitly provided by SEDAL for your use (the "Authorised Purpose"), (ii) installing and using the Mobile Apps solely on your own handheld mobile device and solely for the Authorised Purpose, and (iii) accessing the Sites solely for the Authorised Purpose. Unauthorised use of the Services or Products may give rise to a claim for damages and/or be a criminal offence.
In order to use the Services, you may be required to sign up for an Account. To sign up for an Account, You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) You will maintain the accuracy of such information. You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account.
The use of the Services is at User's own risk. Except as provided by the warranties that may accompany certain SEDAL Products, the Services and all the related materials, information, websites, software, facilities, services and other content related to the Services are provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, SEDAL disclaims all warranties, express or implied. SEDAL does not warrant that the functions contained in the Services will be available, uninterrupted or error-free, that defects will be corrected, or that the Services or the servers that make the Services available are free of viruses or other harmful components. SEDAL does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services, or other content of the Services or any websites linked to the Services in terms of their correctness, accuracy, reliability, ability to meet the User's requirements or otherwise. SEDAL makes no warranties that your use of the materials, information, software, facilities, services or other content of the Services or any website will not infringe the rights of others and SEDAL assumes no liability or responsibility for errors or omissions in such materials, information, software, facilities, services or other content of the Services or any other website. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability or otherwise) shall SEDAL be liable to You or to any other person for (i) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or failure or malfunction of any device connected to the Services, even if SEDAL knew or should have known the possibility of such damages; or (ii) any amount, in the aggregate, in excess of (a) one-hundred (100) euros or (b) the amounts paid by You to SEDAL in connection with the Services in the twelve (12) month period preceding the applicable claim; or (iii) any matter beyond our reasonable control. You understand and agree that this limitation of liability shall apply even if SEDAL is found liable for any loss or damage due to breach of contract, breach of express or implied or limited warranty, negligence of any kind or degree, strict product liability, subrogation, indemnification or contribution, or any other theory of liability. Nothing in these Terms and, in particular, within this clause, shall be interpreted or construed to limit or exclude liability that cannot be so limited or excluded under applicable law.
You acknowledge and agree that your use of the Services is solely at your own risk, and that You accept responsibility for all losses, damages, and expenses arising out of such use. You are responsible for maintaining insurance covering all loss, damage, or expense, whether for property damage, personal injury (including death), economic losses, or any other form of loss, damage or expense arising out of or from these Terms or the Services.
SEDAL reserves the right to change or modify these Terms at any time and at its sole discretion without prior notice. Continued use of the Services following the posting of these changes or modifications will constitute your acknowledgement and agreement to such changes or modifications to the Terms.
SEDAL may require payment of fees for certain features of the Services. You may elect, but are not obligated, to subscribe to such features. If You elect to subscribe to such features, You shall pay the fees described within such features. We may change the prices and institute new charges after providing ten days prior notice to You. This notice may be delivered by email to You or by posting it on the Services. Your continued use of the features following such notification constitutes your acceptance of any change to the fees.
The Services may contain links to other websites operated by third parties. We have no responsibility for the content of such third-party websites. SEDAL provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to such third-party sites. Your use of these third-party sites is at your own risk.
The rights granted to You in these Terms are subject to the following restrictions: (i) You agree not to license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services or Products; (ii) You agree not to modify, make derivative works of, disassemble, reverse-compile or reverse-engineer any part of the Services or Products; (iii) You agree not to access the Services or Products in order to build a similar or competitive service or product; (iv) except as expressly stated herein, no part of the Services or Products may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (v) You agree not to upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer or communications network, computer, handheld mobile device, data, the Services, the Products, the Product Software or any other system, device or property; (vi) You agree not to interfere with, disrupt or attempt to gain unauthorised access to the servers or networks connected to the Services or violate the regulations, policies or procedures of such networks; (vii) You agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by SEDAL; and (viii) You agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) that may be contained in, or displayed in connection with, the Services or Products.
These Terms will remain in full force and effect as long as you continue to access or use the Services or Products, or until terminated in accordance with the provisions of these Terms. At any time, SEDAL may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if SEDAL, in good faith, believes that you have used the Services or Products in violation of these Terms, including any incorporated guidelines, terms or rules. Upon termination of these Terms, your right to use the Services will automatically terminate. SEDAL reserves the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that SEDAL will not be liable to you or to any third party for the exercise of the aforementioned right.
This Agreement shall be construed, interpreted and governed by the laws of Spain. Any controversy, dispute, claim, difference or disagreement arising out of or related to this Agreement shall be brought to the Courts of Barcelona.