Services Infotenerife

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1. PROVIDER IDENTIFICATION

2. OBJECT

By means of this text we make available to all users and clients the conditions of use and enjoyment of our online services platform services.infotenerife.eu and the services we provide, reflecting below all the rights and obligations that assist the parties. All users who access our platform and/or who use any of the services we make available accept the conditions of use and the privacy policy, as well as the different modifications and/or additional legal texts that may be included in the future. If you do not agree with any of the conditions, you can unsubscribe from the service at any time or leave the platform. In addition to these general conditions, each of the services provided may have specific conditions of use and registration, and it is mandatory in all cases that the user expressly accepts them before using and/or contracting them.

3. ACCESS AND USE

3.1. Access to the content of the platform is freely available for use and enjoyment, as truthful, legal and secure information.

4. ELECTRONIC CONTRACTING OF SERVICES

4.1. PRIOR INFORMATION APPLICABLE TO ELECTRONIC CONTRACTING

In accordance with the provisions of article 23 and following of Law 34/2002 on information society services and electronic commerce, contracts entered into electronically will produce all the effects provided for by the legal system, provided that the consent of both parties is present and can be accredited. For these purposes, it will be understood that the monitoring of all phases of the registration process and, where appropriate, the payment of the corresponding financial 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 on information society services and electronic commerce, all information relating to the same is made available to users prior to the start of the contracting procedure. The contracting conditions indicated below are directly applicable to the contracting of all services made available through the portal services.infotenerife.eu, unless expressly stated otherwise.

4.2. CONTRACTING PROCEDURE

The procedure for contracting services has two possible forms of contracting: 4.2.1. It will be 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 access to the Internet can carry out the contracting, with the only requirement being to select the services they wish to contract, this being essential to be able to start the contracting procedure. The phases of the purchasing procedure are visible to users throughout the entire contracting procedure. Two phases can be distinguished:

  • Selection of service and payment method.
  • Order confirmation.

The user only has to select the service they wish to purchase and press the purchase button provided for this purpose. This will start the contracting process, which will always follow the steps indicated above for all available services. Once the service, the amount, the applicable taxes, the total price and the payment method have been selected, the platform will show the user a summary of the purchase, 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 box for accepting the contracting conditions has been checked, if any of the electronic methods have been selected as the payment method, the user will be directly redirected to the corresponding external payment platform, choosing between STRIPE applications (Visa, Mastercard), Bank Transfer or PayPal. The security of the payment procedure is guaranteed by the financial institution that owns the POS. Once the purchase has been completed, a summary screen of the purchase made will be displayed. If payment by credit card has been selected, this will be carried out through the bank’s POS, a platform that is completely separate and independent from the provider. Within a maximum period of 24 hours, the buyer will receive an email containing all the information relating to their purchase. This document is confirmation that the purchase has been made successfully, and is valid as a means of accreditation for any type of claim, provided that proof of payment is attached. If you do not receive this communication, please check your “junk mail” account, as it may have been detected as spam. If it is not in this section, please let us know as soon as possible so that we can resolve the problem. The provider informs the user that all contracts made will be recorded in a file for the control and management of orders and services performed, in which they will be reflected, together with the information on the contracted services, additional information to guarantee security and evidence of the correct execution of the procedure.

4.3. RIGHT TO WITHDRAW FROM THE CONTRACT

In accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, and article 45 of Law 7/1996, on Retail Trade, the user has the right to withdraw from the contract during the period of 7 business days from the moment the service has been contracted. To exercise the right of withdrawal, the user must only request it in writing to any of the addresses indicated below, expressly indicating his request to exercise the right of withdrawal:

In any case, it is up to the consumer to prove that he or she has exercised his or her right of withdrawal in accordance with the provisions of this chapter. Once we have received the request to exercise the right of withdrawal, we will proceed to refund the amount paid (without in any case including the shipping and handling costs 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. In the event that he or she has consumed any of the services, it will not be possible to exercise the right of withdrawal. In the event that a user decides to purchase a voucher and/or promotion offered by services.infotenerife.eu and does not exercise the right of withdrawal within the indicated period, under no circumstances will it be possible to refund any amount of money.

5. USER OBLIGATIONS

The user undertakes during the term of this contract to:

  • Not to use the platform or any of its components to develop time-sharing operations, or to become a provider of software application services to the extent that they are intended to enable third parties to access the platform or any of its components, through rental operations, administrative services or any other similar services, sharing them or making them available to third parties.
  • Not to subject the platform or any of its elements to activities that lead, directly or indirectly, to the decompilation of its software, that imply its submission to operations of a reverse nature to those that determined its construction or that, ultimately, constitute or may constitute operations of reverse or backward engineering, decompilation or disassembly. None of the sections of this contract may be understood as an authorization of access to the source code of the platform.
  • Do not publish the platform, or use it as a system for managing and exchanging information and/or documentation that is illegal, contrary to morality or public order, contrary to copyright and/or industrial property rights.
  • Do not subject the platform to workloads aimed at destabilizing it, including denial of service attacks (DDoS) or similar situations. If such situations are detected, the agreed service level will not apply and will be considered an emergency situation, and therefore services.infotenerife.eu will not assume any responsibility for the lack of availability of the service.
  • Not to carry out acts of reverse engineering, requirements gathering and other activities aimed at developing an online platform identical or similar to that made available by services.infotenerife.eu, this activity may be considered an act of unfair competition and a violation of the intellectual and industrial property rights that the provider holds over the platform.
  • Not to translate, adapt, improve, transform, correct the platform, or any of its components, or modify it in any other way, and not to incorporate the platform into other software or platforms, whether owned or provided by third parties.
  • Not to remove, delete, alter, manipulate or in any way modify any notes, legends, indications or symbols that the provider, as the legitimate owner of the rights, incorporates into its properties in terms of intellectual or industrial property (such as, for example, copyright, ©, ® and TM, etc.) whether on the platform itself or in the associated material.
  • Accept that services.infotenerife.eu may introduce contextualized or non-contextualized advertising on the website.
  • Pay the financial amounts expressly indicated in this contract in a timely manner.
  • Inform the provider of any event or situation that may have occurred that could jeopardize the security of access by authorized users.
  • It is prohibited to force errors or search for security holes in the platform.

6. GARANTÍAS Y RESPONSABILIDADES

We are deeply committed to ensuring that our services operate correctly and in accordance with the conditions agreed with our users. However, sometimes, especially due to the intervention of malicious third parties, situations may arise that could lead to liability. In this regard, below we indicate those situations in which we are not responsible for the actions of users, with the latter assuming all the resulting responsibilities:

  • In the event that information is published on the platform that was not hosted by us or that was 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 type of defamatory, insulting, discriminatory material, which incites violence or goes against morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties.
  • In the event that the user or any third party uses the platform to introduce data, viruses, code, hardware or telecommunications equipment 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 services.infotenerife.eu are provided by third-party companies that are completely independent of the provider. Therefore, services.infotenerife.eu is not responsible in the event of occasional failures in the continuity of the service or, where appropriate, in the lack of occasional 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 return the amounts corresponding to the services not used, which will be duly reimbursed through the same means that the initial payment was made or, where appropriate, by bank transfer. In the event that any of the content accessible through the platform is contrary to current regulations, we undertake to proceed with its immediate withdrawal, as soon as we become aware of and corroborate the facts.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

At services.infotenerife.eu we are deeply committed to the protection of intellectual property rights. That is why we have established the following conditions and policies.

7.1. RELATING TO THE ONLINE PLATFORM

The provider guarantees to the user that it is the legitimate owner of the platform and that it is not involved in any type of legal dispute prior to the signing of this contract. The user expressly acknowledges that the provider holds all right, title and interest over the platform and the computer developments associated with the service, as well as over all its modules, modifications and updates and over 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 includes, without limitation, the recognition of the ownership of the provider of all copyrights, intellectual and/or industrial property, being able to exploit the platform, without any restriction of a temporal, territorial nature, related to means of diffusion or exploitation modalities and without any limitations other than those established by law. The structure, characteristics, codes, working methods, information systems and exchange thereof, development tools, know-how, methodologies, processes, technologies or algorithms that constitute and/or may constitute the platform are the exclusive property of the provider, being duly protected by national and international intellectual and/or industrial property laws, and may not be subject to further 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, and may not be subject to further modification, copying, alteration, reproduction, adaptation or translation by the user. The provision of the platform in service mode or mere access by the user does not imply, in any case, the transfer of its ownership, nor the granting of a right of use in favor of the user other than that expressed in these conditions. In order for the user to be able to use the platform, which is the exclusive property of the provider, the latter hereby grants the user a non-exclusive license of use, of a time-limited scope for each connection period, of an unlimited spatial scope to the extent that it can be accessed from any computer with Internet, non-transferable, revocable and non-sublicensable. In any case, any type of reproduction, imitation, transmission, translation, modification, creation of a derivative work and/or public communication is absolutely prohibited, regardless of the medium used for this, and the offending user will otherwise assume all direct or derivative responsibilities that may arise. Likewise, the provider is expressly authorized by the user to use the logos, brands and trade names of its company, being able to use them both on the services.infotenerife.eu platform, as well as in the advertising and/or promotional material of the service, regardless of the format in which they are found. For any aspect that is not expressly recognized in this contract, all rights will be deemed reserved in favor of the provider, and written authorization from the latter will be necessary in order to carry it out.

7.2. RELATIVOS A LOS CONTENIDOS E INFORMACIÓN DE LOS USUARIOS

All content and information published or managed by users on the platform are the exclusive property of the latter, with services.infotenerife.eu being a real provider of information society services responsible for data storage. The provider does not receive any type of intellectual property rights due to the fact that the user hosts or manages them on its platform, and therefore may not in any case process them for purposes other than those directly related to the provision of the services actually contracted.

8. CONFIDENTIALITY AND DATA PROTECTION

In accordance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, all personal data provided during the use of the platform and during the provision of services will be treated in accordance with the provisions of the Privacy Policy, which all users must expressly accept before registering. All users who accept these conditions of use, accept in an informed, express and unequivocal manner our Privacy Policy, assisting them in this regard with the rights of access, rectification, cancellation and opposition regarding their personal data, being able to exercise them as reported in the aforementioned Privacy Policy.

9. TEMPORARY CONDITIONS

These conditions will come into effect on the date of contracting the service and will last for one year, being tacitly renewed for annual periods. Either party may terminate this contract by express written notice to the other party, at least 30 days in advance of the start of the following 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 indicated before proceeding to the contract.

10. ECONOMIC CONDITIONS

The rates applicable to each of the services offered through the platform will be solely and exclusively those published on the online platform, and these are the only valid ones, 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 periodically makes the corresponding economic charges to the user’s bank account within the indicated periods. The provider reserves the right to cancel contracts made during the period of 7 days from the time of their completion in the event that it detects the existence of 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 will not be retroactive. All contracted services will be duly invoiced and paid prior to the provision of the services or in two installments. The latter option is only applicable to payments for services whose amount exceeds €250 and may be divided into two installments, payable between the first five business days of the month and one day before the expected end date of the contracted services, or within the same fiscal year. The financial amounts may only be paid by direct debit or by credit card, and the provider will not have access to any bank or credit card details at any time. All rates will be increased by the amount corresponding to the taxes in force on the date of issue of the invoice, which will be duly reflected in the summary of each purchase.

11. CUSTOMER SERVICE AND TECHNICAL SERVICE

The provider provides the user with a customer service and technical assistance in accordance with the following characteristics:

  • Hours: — National working hours from Monday to Friday 09:00-15:00
  • Teléfono:
  • Email: Unless otherwise provided, customer service will be provided exclusively in Spanish or English.

12. TERMINATION OF THE CONTRACT

This contract may be terminated whenever any of the following circumstances occur:

  • Failure to comply with the obligations set forth in this contract.
  • By the expiration of its term, provided that one of the parties has expressly stated at least 30 days in advance its desire not to automatically renew the contract.
  • The declaration of bankruptcy of the other party, or the initiation of any of said procedures or equivalent before the competent authorities, and the repeated failure to comply with its obligations by the latter, whether filed by one of the parties or by a third party.
  • In the event that the corresponding amounts are not paid in accordance with the agreed terms and in the agreed manner, the service will be automatically blocked the day after the non-payment occurs. To reactivate the service, it will only be necessary to pay the corresponding amount.
  • The dissolution, liquidation or loss of legal personality of any of the parties.
  • Any substantial change or variation of the essential conditions that were indicated in this contract to carry out the celebration of this contract. Likewise, in order for the contract to be fully terminated, the user must pay all the economic amounts that remain pending, without the possibility of full termination without compliance with this obligation considered essential. In the event that the contract is unilaterally terminated by the user, without a cause duly proven and justified in this contract, the user waives any type of claim for the economic amounts paid to date.

13. CLÁUSULA DE SALVAGUARDA

All clauses or provisions of these terms of use must be interpreted independently and autonomously, and the rest of the provisions will not be affected if one of them has been declared void by a final court ruling or arbitration decision. The affected clause or clauses will be replaced by another or others that preserve the effects sought by the terms of use.

14. DISPUTE RESOLUTION

Para toda cuestión litigiosa o que incumba a la plataforma o cualquiera de los servicios que de ella dependan, será de aplicación la legislación española, siendo competentes para la resolución de todos los conflictos derivados o relacionados con su uso, los Juzgados y Tribunales de Madrid capital o Santa Cruz de Tenerife capital, siempre que la legislación aplicable no disponga expresamente que la competencia de corresponde a los juzgados o tribunales de otro fuero.