Terms and Conditions

Introduction

These Terms and Conditions govern

• the use of this Web Site, and,
• any other related Contract or legal relationship entered into with the Owner in a legally binding way. Capitalised words are defined in the specific relevant section of this document.

Users should read this document carefully.

This Web Site is provided by:

PCTELECOMUNICACIONS TARRAGONA, S.L. c. Amposta, 2 LOCAL F 43006 Tarragona (Spain) NIF: B55646285 Company registered in the R.M. Tarragona, T.2849, F.218, H. T-47626, inscription 1ª

Contact e-mail address of the Owner: info@pctelecomunicacions.com

TERMS OF USE

Unless otherwise stated, the terms of use detailed in this section shall apply generally to the use of this Website.

In specific situations, individual or additional terms of use or access may apply and in such cases they will be additionally indicated in this document.

By using this Website, Users confirm that they comply with the following requirements:

• There are no restrictions concerning Users in the sense that they are Consumers or Professional Users;

Content on this Website

Unless otherwise specified or clearly recognisable, all content available on this Website is the property of the Proprietor or is provided by the Proprietor or its licensors.

The Proprietor undertakes to act with the utmost diligence to ensure that the content provided on this Website does not infringe any legal provision or violate the rights of third parties. However, it will not always be possible to achieve this objective.
In such cases, without prejudice to the legal prerogatives available to Users to enforce their rights, Users are requested to report complaints in this regard using the contact details provided herein.

Rights relating to the contents of this Web Page

The Proprietor reserves all intellectual property rights over the entirety of said contents.

Consequently, Users may not use these contents in ways that are not necessary or implicit in the proper use of the Service.

Access to external resources

Through this Web Page, Users may access external resources provided by third parties. Users acknowledge and accept that the Proprietor has no control over such resources and is therefore not responsible for their content and availability.

The terms and conditions applicable to resources provided by third parties, including those applicable to any possible grant of rights to the content, are derived from the terms and conditions of such third parties or, in the absence of such third parties, from applicable law.

Acceptable Uses

This Web Site and the Service may only be used within the scope for which they are provided, subject to these Terms and applicable law.

Users shall be solely responsible for ensuring that their use of this Site and/or the Service does not infringe any law or regulation or violate the rights of any third party.

Consequently, the Owner reserves the right to take appropriate measures to protect its legitimate interests, including denying Users access to this Website or the Service, terminating contracts, reporting inappropriate conduct carried out through this Website or the Service to the competent authorities - such as judicial or administrative authorities - whenever Users carry out or are suspected of having carried out any of the following activities:

• Infringements of laws, regulations and/or these Conditions;
• Infringement of the rights of third parties;
• Causing considerable damage to the legitimate interests of the Owner;
• Offending the Owner or any third party.

Liability and disclaimer

Unless otherwise expressly stated or agreed with Users, the liability of the Owner for damages relating to the performance of the Contract is excluded, limited and/or reduced to the maximum extent permitted by applicable law, unless otherwise expressly stated or agreed with Users.

Exemption from liability

The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, officers, agents, co-branders, partners and employees from and against any claim or demand - including, without limitation, attorneys’ fees and costs - made by any third party due to or arising out of or in connection with a negligent violation of these Terms, the rights of third parties or the provisions of law relating to the use of the Service by you or your affiliates, officers, directors, officers, agents, co-branders, partners and employees to the fullest extent permitted by applicable law.

Limitation of liability

Unless expressly stated otherwise and without prejudice to applicable law, the User shall have no claim for damages against the Proprietor (or any natural or legal person acting on its behalf).

The foregoing shall not apply to damages affecting life, health or limb, damages resulting from the breach of substantive contractual obligations, such as any obligation that is strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, provided that the User has used this Website in a proper and correct manner.

Unless the damage was caused by intent or gross negligence, or affects life, health or limb, the Proprietor shall only be liable to the extent of the damage that was typical and foreseeable at the time the contract was concluded.

Without prejudice to the foregoing, the following limitations shall apply to all Users who do not fall into the category of Consumers:

In the event of liability, the compensation shall not exceed the totality of the payments received, to be received or which could be received by the Proprietor from the User on the basis of the contract during a period of 12 months or during the term of the Contract, whichever is shorter.

Common Provisions

No waiver

Failure to exercise any right or invoke any provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be deemed to constitute a further or continuing waiver of such term or any other term.

Service interruption

In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system upgrades or any other changes, with appropriate notice to Users.

Within the limits of the law, the Proprietor may also decide to suspend or stop providing the Service altogether. If the Service ceases to be provided, the Proprietor shall cooperate with Users to allow them to remove personal data or information and shall respect Users’ rights regarding continued use/continued use of the product and/or compensation, as provided by applicable law.

In addition, the Service may be unavailable due to reasons beyond the reasonable control of the Registrant, such as ‘force majeure’ (e.g. infrastructure breakdowns or power outages, etc.).

Resale of the Service

Users shall not reproduce, duplicate, copy, sell, resell or exploit any part of this Web Site and its Service without the prior express written permission of the Owner, granted either directly or through a legitimate resale program.

Privacy policy

For more information on the use of their personal data, Users may refer to the privacy policy of this Site.

Intellectual property rights

Subject to any more specific provisions of these Terms, intellectual property rights, such as copyrights, rights derived from trademarks, patent rights and design rights relating to this Web Site are the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.

All trademarks - whether word or graphic - and any other trademarks, trade names, service marks, word signs, illustrations, images or logos appearing in connection with this Web Site are and shall remain the exclusive property of the Proprietor or its licensors and are protected by applicable trademark laws and related international treaties.

Changes to these Terms and Conditions

The Proprietor reserves the right to change or otherwise modify these Terms and Conditions at any time. In such cases, the Proprietor will provide adequate notice to Users of such changes.

Such changes shall only affect the relationship with Users as of the date communicated to Users.

Continued use of the Service shall indicate acceptance by Users of the modified Terms and Conditions. If Users do not wish to be bound by these changes, they must cease using the Service and may terminate the Agreement.

The previous applicable version will govern the relationship prior to User acceptance. Users may obtain any previous version from the Proprietor.

If required by law, the Proprietor shall notify the Users in advance of the date on which the modified Terms will become effective.

Assignment of the contract

The Proprietor reserves the right to transfer, assign, novate or subcontract any of the rights or obligations under these Conditions, taking into account the legitimate interests of the Users.

The provisions relating to changes to these Conditions shall apply mutatis mutandis.

Users may not assign or transfer their rights or obligations under these Terms in any manner whatsoever, except with the written permission of the Owner.

Contact

All communications relating to the use of this Web Site should be sent using the contact details set out herein.

Possibility to separate an arrangement

In the event that any provision of these Terms shall be or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall continue in full force and effect.

U.S. users

Any such invalid or unenforceable provision shall be interpreted and modified to the extent reasonably necessary to make it valid, enforceable and consistent with the original intent.
These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof and supersede all other communications, including, without limitation, all prior agreements between the parties relating to the same subject matter.
These Terms shall be enforced to the fullest extent permitted by law.

European Union users

In the event that any provision of these Terms shall be void, invalid or unenforceable, or be declared as such, the parties shall use their best efforts to amicably agree upon valid and enforceable provisions to replace the void, invalid or unenforceable provisions.
In the event that such an agreement cannot be reached, the null, invalid or unenforceable provisions shall be replaced by enforceable provisions established by law, if the applicable law so permits or so provides.
Without prejudice to the foregoing, the invalidity, invalidity or unenforceability of a particular provision of these Conditions shall not render the Contract as a whole void, unless the provisions that are severable are essential to the Contract, or are of such importance that the parties would not have concluded the Contract if they had known that such provisions would be invalid, or in cases where the remaining provisions would give rise to unacceptable hardship for either party.

Applicable law

These Terms are governed by the laws of the place where the Registrant is located, as stated in the relevant section of this document, without regard to principles of conflicts of laws.

Primacy of national law

However, without prejudice to the foregoing, if the law of the country in which the User is located establishes higher applicable consumer protection standards, such higher standards shall prevail.

Jurisdiction

The exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms shall be the courts of the place where the registered office of the Holder is located, as indicated in the relevant section of this document.

Exception for Consumers located in Europe

The above provisions shall not apply to Users who fall into the category of European Consumers, nor to Consumers residing in the United Kingdom, Switzerland, Norway or Iceland.