Conditions of Use of the Web Site:

OWNER: GLOFERA TELECOM S.L. Sole-Shareholder Company
TAX ID: B-42924795
ADDRESS: Avenida Diagonal, number 601, 8th floor, 08028 Barcelona, Spain.
CONTACT TELEPHONE: 900 600 300
REGISTRATION DATA: Barcelona Mercantile Registry, Volume 47.681, Folio 221, Page B-559.218

1. PURPOSE

These conditions of use (the “Conditions of Use”) regulate the use of the website www.glofera.com (the “Website”) that GLOFERA TELECOM S.L. (“GLOFERA”), as its owner, makes available to those who access and use the same (“User”) in order to obtain information on GLOFERA products and services and/or those of third parties (jointly, the “Services”) and, if applicable, to proceed to contract and possibly manage the same.

The access and use of the Website by the User, regardless of whether or not he/she does so as a registered User, implies his/her acceptance of these Terms of Use. These Terms of Use may be subject to change, the current version being the one published at any given time. GLOFERA may unilaterally and without prior notice modify the configuration, content and services of the Website, as well as these Conditions of Use, without any rights deriving therefrom for the User beyond those expressly recognized in the legal texts of the Website. Therefore, the User is advised to read the Terms of Use each time he/she wishes to access the Web Site.

Without prejudice to the content of these Terms of Use, it is possible that certain services or functionalities offered through the Web Site are subject to special conditions of use, in which case they will be available to the User on the Web Site itself.

2. REGISTERED USERS AND SECURITY

The Web Site may enable the User to access certain Services for which prior registration and/or acceptance of certain General and/or Particular Conditions of such Services is required, acquiring in such case the condition of Registered Users.

The condition of Registered User will be acquired by completing a registration form, which will generate a Registered User identifier, consisting of your email address and a password to be selected by the User and must meet the requirements that will be indicated on the form itself. Access to the Registered User’s account will require the use of such identifier.

The use of the password is personal and non-transferable, not being allowed the transfer, even temporarily, to third parties. In this sense, the Registered User undertakes to make diligent use and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties or its lack of conservation in conditions of confidentiality.

In the event that the Registered User knows or suspects the use of his or her password by third parties, he or she must change it immediately as indicated on the Website itself.

3. CORRECT USE OF THE WEBSITE

The User undertakes to use the Website in a diligent, correct and lawful manner and, in particular, by way of example and not limitation, undertakes to refrain from:

Use the Web Site in a manner, with purposes or effects contrary to law, morality, generally accepted good customs or public order;

Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Web Site, unless authorized by the owner of the corresponding rights or it is legally permitted;

Perform any act that may be considered an infringement of any intellectual or industrial property rights belonging to GLOFERA or third parties.

Use the Website and, in particular, information of any kind obtained through the same to send advertising, communications for direct sales purposes or for any other commercial purpose, unsolicited messages addressed to a number of persons regardless of their purpose, as well as to market or disclose in any way such information, unless it is carried out through the execution of Services contracted to GLOFERA that expressly allow it;

The User shall be liable for damages of any nature that GLOFERA may suffer, on occasion of or as a consequence of the breach of any of the obligations contained in these Conditions of Use, as well as any others included in the legal texts of the Website, in the General or Particular Conditions of GLOFERA’s services and/or those imposed by Law in relation to the use of the Website.

GLOFERA shall at all times ensure respect for the legal system in force, and shall be entitled to interrupt, at its sole discretion, the availability of the Website or exclude the User, whether registered or not, from the Website in the event of any conduct that in GLOFERA’s opinion is contrary to these Terms of Use, the legal texts of the Website, the General or Particular Conditions of GLOFERA’s Services, the Law, the rules established by GLOFERA or its collaborators, or that, according to GLOFERA’s exclusive criteria, may disrupt the proper functioning, image, credibility and/or prestige of the Website, the Services, GLOFERA or its collaborators.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All contents of the Website, such as texts, graphics, diagrams, photographs, logos, icons, images, logos, trademarks, icons, domain names, as well as graphic design, computer applications, source code and software, are the exclusive property of GLOFERA or the corresponding rights or assignments have been acquired and are protected by national and/or international regulations related to intellectual property, domain registration regulations and trademark registration regulations.

The use of any of the aforementioned intellectual and industrial property elements for commercial purposes is strictly prohibited, as well as their distribution, modification, alteration or decompilation.

The User undertakes not to infringe the intellectual and industrial property rights belonging to GLOFERA or third parties. Under no circumstances shall it be understood that access to Our Website or the contracting of any of GLOFERA’s products by the User implies a transmission, license or even partial transfer of any of the aforementioned rights by GLOFERA to the User.

The unauthorized use or for purposes other than those foreseen in these Terms of Use of the contents and information of the Website, or its use for commercial purposes by the User, as well as the infringement of GLOFERA’s Intellectual Property rights or trademarks, shall give rise to the liabilities and legal actions that may correspond.

5. EXCLUSION OF WARRANTIES AND LIABILITY

GLOFERA reserves the right to limit or interrupt access to the Website, as well as the offer or provision of any Services and products advertised therein or made available to Users, at any time and without prior notice, for reasons of maintenance, security, electrical failure, technical reasons or others, without this giving rise to any liability or entitling GLOFERA to request any economic compensation from the User or third parties. GLOFERA shall not assume any liability either directly or indirectly for direct or indirect damages or lost profits that may arise from the unavailability of the Website or GLOFERA’s Services.

GLOFERA shall not be liable in the event of interruptions to the Services, delays, errors, malfunction of the same or of the Website and, in general, of any circumstances originating from causes beyond GLOFERA’s control, and/or which are due to wilful or negligent action by the User and/or originate from fortuitous events or force majeure. Without prejudice to the provisions of Article 1.105 of the Civil Code, the concept of “Force Majeure” shall be understood to include, in addition, and for the purposes of these General Conditions, all those events occurring beyond the control of GLOFERA, such as: failure of third parties, operators or service companies, lack of access to third party networks, acts or omissions of the Public Authorities, those others produced as a consequence of natural phenomena, blackouts, or similar, the attack by hackers or third parties specialized in the security or integrity of computer systems, pandemics, strikes, war situations and others of a similar nature provided that GLOFERA has adopted reasonable security measures in accordance with the state of the art.

Likewise, GLOFERA disclaims any liability for damages of any kind that may be due to the presence of viruses or other harmful elements in the contents, which may cause alterations in the computer systems, as well as in the documents or systems stored therein.

GLOFERA shall not be liable for the use made by the User of the Services or the Website, or its passwords, as well as any other material thereof, infringing the intellectual or industrial property rights or any other rights of third parties.

In addition to the aforementioned cases in which GLOFERA assumes no liability whatsoever, GLOFERA shall only be liable in other cases for damages that may be caused to the Users provided that it has acted with intent or gross negligence.

The User undertakes to hold GLOFERA harmless for any damage, harm, sanction, expense (including, without limitation, lawyers’ and attorneys’ fees) or civil, administrative or any other type of liability that GLOFERA may suffer, which is related to the User’s breach or partial or defective compliance with the provisions of these Terms of Use or applicable legislation and especially in relation to its obligations regarding the protection of personal data contained in these Terms of Use, that is related to non-compliance or partial or defective compliance on its part with the provisions of these Conditions of Use or applicable legislation and, in particular, in relation to its obligations regarding the protection of personal data set forth in the Privacy Policy made available to it on the Website or established in the applicable legislation on the matter.

6. LINKS TO OTHER WEBSITES

GLOFERA may include on the Website links to third parties and/or external websites outside GLOFERA’s control. GLOFERA does not guarantee or assume any type of responsibility with respect to external contents or in relation to damages that may be caused to the User or third parties by accessing such sites or contents. GLOFERA shall only be liable under the terms of article 17 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce.

The function of the links that appear on the Website is exclusively to inform the User of the existence of other sources of information on the Internet that GLOFERA considers may be of interest or useful. GLOFERA shall in no case be responsible for the results obtained through said links or for the consequences derived from access by Users to the same. These third-party services and contents are provided by such third parties, for which GLOFERA cannot control and does not control the legality of the same or their quality. Consequently, it is the sole responsibility of the User to exercise extreme caution in the evaluation and use of the information and services contained in the contents of third parties.

7. PRIVACY AND COOKIES

Any personal information provided by the User to GLOFERA will be treated in accordance with current legislation on personal data protection.

In accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, GLOFERA makes available to the User its Privacy and Data Protection Policy that is applicable with respect to the processing of personal data, which can be consulted at: Privacy Policy

Access to the Web Site implies the use of cookies. GLOFERA provides users with clear and complete information about the use of cookies, which can be consulted at: Cookies Policy

8. APPLICABLE LAW AND JURISDICTION

These Terms of Use shall be governed by Spanish law. In case of controversy or conflict in relation to the interpretation or execution of the Conditions of Use of the Web Site, the User shall be entitled to submit the same, at its option, and renouncing any other jurisdiction to the Courts and Tribunals of its domicile in Spain.