TERMS AND CONDITIONS

IDENTIFICATION OF THE LENDER

2. OBJECT

Through this text we make available to all users and customers the conditions of use and enjoyment of our online services platform infotenerife.eu and the services we provide, being reflected below all the rights and obligations of the parties.
All users who access our platform and / or use any of the services we make available, accept the terms of use and privacy policy, as well as the various modifications and / or additional legal texts that are 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.
Along with these general conditions, each of the services provided may have conditions of use and registration of a particular nature, being mandatory in any case that the user accepts them expressly before use and / or contracting.

3. ACCESS AND USE

3.1. El acceso al contenido de la plataforma esta dispuesto libremente, para uso y disfrute, como información veraz, legal y segura.

4. ELECTRONIC PROCUREMENT OF SERVICES

4.1. INFORMACIÓN PREVIA APLICABLE A LA CONTRATACIÓN ELECTRÓNICA

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 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 infotenerife.eu portal, unless expressly provided otherwise.

4.2. PROCEDIMIENTO DE CONTRATACIÓN

There are two possible ways of contracting services:
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 Internet access can carry out the contracting, with the only requirement of selecting the services they wish to contract, which is essential 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:

  • Service selection and payment method.
  • Order confirmation.

The user only has to select the service he/she wishes to purchase and click on the purchase button provided for this purpose. This will start 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 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 checked the box of acceptance of the contracting conditions, in case of having selected as payment method any of the electronic means, the user will be directly redirected to the corresponding external payment platform, to choose between STRIPE applications (Visa, Mastercard), Bank Transfer or PayPal. The security of the payment procedure is guaranteed by the financial entity that owns the POS.
Once the purchase is completed, a summary screen of the purchase will be displayed. In case of having selected the payment by credit card, this will be carried out through the bank’s POS, a platform completely unrelated and independent of the provider.
Within 24 hours, the buyer will receive an email showing all the information related to your purchase. This document is the confirmation that the purchase 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. If you do not receive such communication check your “junk mail” account, as it may have been detected as spam, if not found in that section, please let us know as soon as possible so we can solve 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, which will be reflected along with the information of the contracted services, additional information to ensure the security and evidence of the proper conduct of the procedure.

4.3. DERECHO DE DESISTIMIENTO DE LA CONTRATACIÓN

In accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, which approves 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, of Retail Trade, the user has the right to withdraw from the contract within 7 working days from the time 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:

  • Mailing Address:
  • E-mail:

In any case, it is up to the consumer to prove that he has exercised his 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 (not including in any case the 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. In case the user had consumed any of the services, it will not be possible to exercise the right of withdrawal.
In case a user decides to hire any bonus and/or promotion offered by infotenerife.eu and does not exercise the right of withdrawal within the indicated period, under no circumstances it will be possible to refund any economic amount.

5. 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 time-sharing 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 that lead, directly or indirectly, to the decompilation of its software, that imply its subjection to operations of a reverse nature to those that determined its construction or that, ultimately, constitute or may constitute operations of backward or reverse engineering, decompilation or disassembly. 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.
  • Do not 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 infotenerife.eu will not assume any responsibility for the lack of availability of the service.
  • Not to perform acts of reverse engineering, taking requirements and other activities aimed at developing an online platform identical or similar to that made available by infotenerife.eu, 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, correct the platform, or any of the elements that integrate them or in any other way modify it, and may not incorporate the platform to other software or platforms 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, for example, copyright, ©, ® and TM, etc.) either on the platform itself or on the associated material.
  • Accept that infotenerife.eu may introduce on the website contextualized advertising or not.
  • 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.

6. 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, sometimes it is possible that situations may occur, especially by the intervention of malicious third parties, which could lead to liability.
In this sense, below we indicate those situations in which we are not responsible for the actions of 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 morals, public order, fundamental rights, public freedoms, honor, privacy or image of third parties.
  • In case the user or any third party uses the platform to introduce data, virus, 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 infotenerife.eu are provided by third party companies outside and completely independent of the provider. For that reason, infotenerife.eu is not responsible in case of punctual failures in the continuity of the service or in the lack of punctual availability of the same one.
    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.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

From 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. RELATIVOS A LA PLATAFORMA ONLINE

The provider guarantees 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 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, non-sublicensable and non-sublicensable license to use the platform, which is limited in time to each connection period and unlimited in space insofar as it can be accessed from any computer with Internet access.
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.
Likewise, the provider is expressly authorized by the user to use the logos, trademarks and trade names of his company and may use them both on the infotenerife.eu platform, as well as in advertising and / or promotional material of the service, regardless of the format in which they are.
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.

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, being infotenerife.eu a real provider of information society services responsible for data storage.
The provider does not receive any intellectual property rights by the fact that the user hosts or manages them on its platform, so that in no case may treat them for purposes other than those directly related to the provision of 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 and previously accept in order to register.
All users who accept the present conditions of use, accept in an informed, express and unequivocal way our Privacy Policy, assisting them in this sense 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

The present conditions shall come into force on the date of contracting the service and shall have a duration of 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 prior to the beginning of the following period.
However, those services that are for consumption and that are contracted in packages or promotions, may have a specific and specific duration less than the indicated, which in any case will be indicated before proceeding with the contracting.

10. ECONOMIC CONDITIONS

The rates applicable to each of the services offered through the platform shall be solely and exclusively those published on the online platform, being these 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 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 shall be duly invoiced and paid prior to the provision of services or in two installments. This last modality is applicable only to payments of services whose amount exceeds 250€ and can be distributed in two installments, payable between the first five working days of the month and one day before the date of completion of the contracted services, or within the same fiscal year.
The economic 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.

11. CUSTOMER SERVICE AND TECHNICAL SERVICE

The Provider makes available to the user a customer service and technical assistance service in accordance with the following characteristics:

  • Schedule:
    – Monday to Friday from Monday to Friday 09:00-15:00
  • Phone:
  • E-mail:
    Unless otherwise specified, customer service will be provided exclusively in Spanish or English.

12. 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 bankruptcy of the other party, or the initiation of any such proceedings or equivalent before the competent authorities, and repeated failure of the other party to comply with its obligations, whether filed by one 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 a duly proven and justified cause, the user waives any claim for the economic amounts paid to date.

13. SAFEGUARD CLAUSE

All the clauses or extremes of these conditions of use must be interpreted independently and autonomously, not being affected the rest of the stipulations in case that one of them has been declared null and void by judicial sentence or firm arbitration resolution. The affected clause or clauses shall be replaced by another or others that preserve the effects pursued by the conditions of use.

14. DISPUTE RESOLUTION

For all litigious matters or those related to the platform or any of the services that depend on it, Spanish law shall apply, being competent for the resolution of all disputes arising from or related to its use, the Courts and Tribunals of Madrid or Santa Cruz de Tenerife capital, provided that the applicable law does not expressly provide that the competence of corresponds to the courts or tribunals of another jurisdiction.