Términos de Servicio
- Owner: Esfinge Lógica S.L.
- Registered office: C/ Rodríguez San Pedro, 16, 1ºc. – 28015 – Madrid (Madrid)
- CIF/NIF: B88108238
- Public Registry: Registered in the Mercantile Registry of Madrid, Volume 72, Folio 122, Section ª, Page , Inscription 0ª
- E-mail: firstname.lastname@example.org
By means of the present text we make available to all users and customers the conditions of use and registration that apply to our online services platform https://esfinge-escape.com and the services we provide, being reflected in it all the rights and obligations of the parties.
In addition to these conditions, each of the services provided may be regulated by specific conditions of use and registration, being mandatory in any case that the user expressly accepts them prior to use and/or contracting.
ELECTRONIC PROCUREMENT OF SERVICES
1. PRIOR INFORMATION APPLICABLE TO ELECTRONIC PROCUREMENT
In accordance with the provisions of article 23 and subsequent articles of Law 34/2002 on information society services and electronic commerce, contracts entered into electronically shall produce all the effects provided for by the legal system, provided that the consent of both parties is given and can be accredited.
For these purposes, it shall be understood that the completion of all the phases of the registration process and, if applicable, the payment of the corresponding economic amount, necessarily implies the provision of the express consent required for the contracting of the service.
Likewise, and in accordance with the provisions of Article 27 of Law 34/2002 of services of the information society and electronic commerce, it is made available to users, prior to the start of the contracting procedure all information relating to it.
The contracting conditions indicated below are directly applicable to the contracting of all services made available through the web portal https://esfinge-escape.com, unless expressly provided otherwise.
2. CONTRACTING PROCEDURE
The contracting procedure of the services is carried out completely electronically through our platform, without the physical presence of the parties and/or external physical transaction at any time.
Any person with Internet access can carry out the contracting process.
The phases of the contracting procedure are visible to users throughout the entire contracting procedure. Three phases can be distinguished:
- Identification of the user.
- Selection of the service and payment method.
- Confirmation of service.
The user only has to select the service they wish to purchase and click on the purchase button provided for this purpose.
This will initiate the contracting procedure, which will always follow the steps indicated above for all available services.
Once the service, quantity, applicable taxes, total price and payment method have been selected, the platform will show the user a summary of the contracting process, together with the applicable contracting conditions, which in any case must be expressly accepted by the user in order to continue the contracting process.
Once the acceptance box of the contracting conditions has been checked, in case of having selected any electronic payment method, the user will be directly redirected to the corresponding external payment platform to make the payment, without https://esfinge-escape.com having the possibility to access at any time to the user’s credit card data and/or payment systems.
The security of the payment procedure is guaranteed by the financial institution.
Once the contracting of the service has been completed, a summary screen of the contracting process will be displayed.
If payment by credit card has been selected, this will be carried out through the bank’s POS, a platform completely unrelated and independent of the provider.
Within a maximum period of 24 hours, the service contracting party will receive an e-mail containing all the information related to the contracted service.
This document is the confirmation that the contracting has been successfully completed, being valid as a means of accreditation for any type of claim, as long as the corresponding proof of payment is attached.
The provider informs the user that all contracts made will be recorded in a file for the control and management of contracts, which will be reflected along with the information of the contracted services, additional information to ensure the security and evidence of the correct completion of the procedure.
3. RIGHT OF WITHDRAWAL FROM THE CONTRACT
In accordance with the provisions of the Real Decreto Legislativo 1/2007, of november 16, , which approves the revised text of the Ley General para la Defensa de los Consumidores y Usuarios and other complementary laws, along with the artículo 45 de la Ley 7/1996, del Comercio Minorista, the user has the right to withdraw from the contract within 14 calendar days from the time the service has been contracted.
To exercise the right of withdrawal, the user must simply request it in writing to any of the addresses mentioned below, expressly indicating their request to exercise the right of withdrawal:
- Mailing Address: C/ Rodríguez San Pedro, 16, 1ºc. – 28015 – Madrid (Madrid)
- E-mail address: email@example.com
In any case, it is up to the consumer and user to prove that they have exercised their right of withdrawal in accordance with the provisions of this chapter.
Upon receipt of the request to exercise the right of withdrawal, we will proceed to refund the amount paid (without in any case include shipping and handling charges that may have been paid initially) within a maximum period of 30 days from the time of receipt of the withdrawal and always through the means used to pay for the service, or failing that by bank transfer.
The exercise of the right of withdrawal requires at all times that the user has not consumed or enjoyed any of the contracted services. If any of the services have been consumed, it will not be possible to exercise the right of withdrawal.
OBLIGATIONS OF THE USER
The user undertakes during the term of this contract to:
• Not to use the platform or any of the elements that integrate it, to develop timesharing operations, to become a provider of software application services to the extent that they are oriented to make possible the access of third parties to the platform or any of its components, through rental operations, administrative services or any other of analogous consideration, sharing them or making them available to third parties.
• Not to subject the platform or any of its elements to activities aimed, directly or indirectly, at the decompilation of its software, which imply its subjection to operations of a reverse nature to those that determined its construction or that, ultimately, constitute or may constitute reverse engineering, decompilation or disassembly operations. Nothing in this agreement shall be construed as authorizing access to the platform’s source code.
•Not to publish the platform, nor use it as a system for the management and exchange of illegal information and/or documentation, contrary to morality or public order, contrary to copyright and/or industrial property rights.
• Not to subject the platform to workloads aimed at destabilizing it, including denial of service attacks (DDoS) or similar situations. In case of detecting this type of situations, the agreed service level will not be applicable, being considered an emergency situation, therefore Esfinge Lógica S.L. will not assume any responsibility for the lack of availability of the service.
• Not to carry out acts of reverse engineering, taking of requirements and other activities aimed at developing an online platform identical or similar to the one made available by https://esfinge-escape.com, and this activity may be considered an act of unfair competition and infringement of intellectual and industrial property rights that the provider holds on the platform.
• Not to translate, adapt, improve, transform, modify or correct the platform or any of the elements that integrate it, and may not incorporate it to other software or portals of its own or provided by third parties.
• Not to remove, delete, alter, manipulate or in any way modify those notes, legends, indications or symbols that the provider, as legitimate holder of the rights, incorporates to its properties in terms of intellectual or industrial property (such as copyright, ©, ® and TM, etc.) either in the platform itself or in the associated material.
• Accept that https://esfinge-escape.com may place contextualized or non-contextualized advertising on the website.
• To pay the economic amounts expressly indicated in the present contract in due time and form.
• Inform the provider of any event or situation that may have occurred that could jeopardize the security of access by authorized users.
• Forcing bugs or looking for security breaches in the platform is prohibited.
WARRANTIES AND LIABILITIES
We are deeply committed to ensuring that our services function correctly and in accordance with the conditions agreed with our users. However, it is sometimes possible that situations may arise, especially due to the intervention of malicious third parties, which could result in liabilities.
In this sense, below we indicate those situations in which we are not responsible for the actions of the users, assuming all the responsibilities derived:
• In the event that information is published on the platform that has not been hosted by us or that has been published by a third party outside the organization.
• In the event that the platform is not operational due to technical reasons attributable to third parties or unforeseeable causes and/or force majeure.
• In the event that the user stores or any third party, disseminates, publishes or distributes on the platform any defamatory, libelous, discriminatory, inciting to violence or that goes against morality, public order, fundamental rights, public freedoms, honor, privacy or image of third parties.
• In the event that the user or any third party uses the platform to introduce data, viruses, malicious code, hardware or any other electronic or physical instrument or device, and damage is caused to the systems of other users.
The services made available and marketed through https://esfinge-escape.com are provided by third party companies outside and completely independent of the provider. Therefore, https://esfinge-escape.com is not responsible in case of occasional failures in the continuity of the service or in the lack of availability of the same.
In the event that the services contracted by the user are not available for a period of more than 72 hours from the time of notification of the incident, the user is entitled to request the provider to terminate this contract and refund the amounts corresponding to the services not enjoyed, which will be duly refunded through the same means by which the initial payment was made or, if applicable, by bank transfer.
In the event that any of the contents accessible through the platform were contrary to current regulations, we undertake to proceed to its immediate removal, as soon as we become aware of and corroborate the facts.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
At https://esfinge-escape.com we are deeply committed to the protection of intellectual property rights. That is why we have established the following conditions and policies:
1. CONCERNING TO THE ONLINE PLATFORM
The provider guarantees the user that it is the legitimate owner of the platform and that it is not involved in any legal dispute prior to the signing of this contract.
The user expressly acknowledges that the provider holds all right, title and interest in the platform and computer developments associated with the service, as well as all its modules, modifications and updates and any element and / or functionality that was developed on it, regardless of whether it has been requested by the user or not. For these purposes, it is included without limitation, the recognition of the ownership of the provider of all copyrights, intellectual property, and / or industrial, being able to exploit the platform, without any restriction of a temporal nature, territorial, relating to media or modes of exploitation and without limitations other than those established by law.
The structure, characteristics, codes, working methods, information and information exchange systems, development tools, know-how, methodologies, processes, technologies or algorithms that constitute and/or may constitute the platform are the exclusive property of the provider and are duly protected by national and international intellectual and/or industrial property laws, and may not be subject to subsequent modification, copying, alteration, reproduction, adaptation or translation by the user, without the prior express consent of the provider.
Likewise, all user manuals, texts, graphic drawings, databases, which complement the platform and/or the materials associated with it, are the property of the provider, without being subject to further modification, copying, alteration, reproduction, adaptation or translation by the user.
The provision of the platform in service mode or the mere access by the user does not imply, in any case, the transfer of ownership, nor the granting of a right of use in favor of the user other than that expressed in these conditions.
In order to allow the user to use the platform, which is the exclusive property of the Provider, the latter hereby grants the user a non-exclusive, non-transferable, revocable and non-sublicensable license to use the platform, limited in time to each connection period, unlimited in space insofar as it can be accessed from any computer with Internet access, revocable and non-sublicensable.
In any case, any type of reproduction, imitation, transmission, translation, modification, elaboration of derivative works and/or public communication is absolutely forbidden, regardless of the means used to do so, and the infringing user will otherwise assume all direct or derivative liabilities that may arise.
For any aspect that is not expressly recognized in this contract, all rights are reserved in favor of the provider and the written authorization of the latter is necessary to carry it out.
2. CONCERNING USER CONTENT AND INFORMATION
All content and information published or managed by users on the platform are the exclusive property of the latter, being https://esfinge-escape.com a mere provider of information society services responsible for data storage.
The provider does not receive any kind of intellectual property rights for the fact that the user hosts or manages them on its platform, so in no case may they be used for purposes other than those directly related to the provision of the services actually contracted.
PRIVACY AND DATA PROTECTION
The present conditions shall come into force on the date of contracting the service and shall have a duration of one year, tacitly renewable for annual periods.
Either party may terminate this contract by express written notice to the other party, at least 30 days prior to the beginning of the next period. However, those services that are for consumption and that are contracted in packages or promotions, may have a specific and determined duration less than that indicated, which in any case will be shown before proceeding with the contracting.
The rates applicable to each of the services offered through the platform shall be solely and exclusively those published on the online platform, and these shall be the only valid rates, except for typographical or transcription errors, in which case the provider undertakes to modify them immediately.
In the event that the payment method is by direct debit, the user expressly accepts that the provider will periodically make the corresponding economic charges to the user’s bank account within the periods indicated.
The Provider reserves the right to cancel any contract within a period of 7 days from the time of its execution in the event that it detects typographical or transcription errors in the price and/or taxes applied to the transaction.
The Provider reserves the right to make any type of modification to the rates of each service, and undertakes to publish them on the platform in a visible manner for users. Unless otherwise provided, the modification of rates shall not be retroactive.
All contracted services will be duly invoiced and paid prior to the provision of services or on a monthly basis, depending on the type of contract used.
The financial amounts may only be paid by direct debit or by credit card, and the provider shall not have access to any bank or credit card data at any time.
All rates will be increased by the amount corresponding to the taxes in force on the date of issuance of the invoice, being duly reflected in the summary of each purchase.
CUSTOMER SERVICE AND TECHNICAL SUPPORT
The Provider makes available to the user a customer service and technical assistance service in accordance with the following characteristics:
• Schedule: Monday through Friday, 11:00 – 21:00
• Phone: 640626384
• Email: firstname.lastname@example.org
Unless otherwise specified, the user service will be provided exclusively in Spanish.
TERMINATION OF THE CONTRACT
The present contract may be terminated whenever any of the following circumstances occur:
• Failure to comply with the obligations set forth in this contract.
• Upon expiration of the term of the contract, provided that either party has expressly stated at least 30 days in advance its desire not to automatically renew the contract.
• The declaration of insolvency of the other party, or the initiation of any of such proceedings or equivalent before the competent proceedings or equivalent before the competent authorities, and repeated non-compliance with the obligations of the latter, whether filed by any of the parties or by a third party.
• In the event that the corresponding economic amounts are not paid according to the agreed terms and form. The service will be automatically blocked the day after the non-payment occurs. In order to reactivate it, it will only be necessary to pay the corresponding economic amount.
• The dissolution, liquidation or loss of legal personality of any of the parties.
• Any change or substantial variation of the essential conditions that were indicated in the present contract to carry out the conclusion of the present contract.
Likewise, in order for the contract to be fully terminated, the user must pay all outstanding economic amounts, and there is no possibility of full termination without the fulfillment of this obligation, which is considered essential.
In the event that the contract is unilaterally terminated by the user, without duly proven and justified cause, the user waives any claim for the economic amounts paid to date.
For all litigious matters or those related to the platform or any of the services that depend on it, Spanish law shall apply, and the Courts and Tribunals of Madrid shall be competent for the resolution of all conflicts arising from or related to its use, provided that the applicable legislation does not expressly provide that the jurisdiction corresponds to the courts or tribunals of another jurisdiction.