1. Parties identification
2. Website content
The listed CLGU regulate access and use of the Website and all its content that are displayed or made available to the Customers. Freshdeal may modify, create, update or remove such content at any time and without notice. The Website contains a management tool for offers and demands, contacts among users and marketing and sales services. It is prohibited to use of the Website or its contents with purposes injurious to the property or interests of Freshdeal or others, or in any other way overload, damage or disable the networks, servers and other computer equipment or products and applications that belong to Freshdeal or others. Freshdeal will remove all the data, comments and content in general when it comes to our attention its illicit nature or that they may damage property or rights of a third party liable for damages and alleging, as well as when we consider that they may be characterized as discriminatory, xenophobic, racist, pornographic, or that threaten public order or that, in our opinion, are not appropriate for publication and may in all cases suspend, cancel, delete or block the Customer's account without generating liabilities to Freshdeal.
3. Exemption from liability for the content of the Website
Freshdeal will ensure, insofar as possible, the proper functioning of the Website, its correctness and the veracity of what is published in it. However, Freshdeal is not responsible for any errors or omissions that the contents of the Website could suffer or other content that may be accessed through these or the misuse and incorrect use that users of the Website may incur. The Website acts as a mere technical intermediary in booking appointments between the users. Freshdeal will verify, to the extent of its ability, the accuracy of the information of the profiles published on the Website. Freshdeal only provides the Customer with a platform, through which they may make appointments with the Centers; and only agrees to manage the booking of said appointment in the services offered through the Website. In no case is Freshdeal responsible for the service to be effectively provided, of its quality or diligence, nor that the appointment actually takes place, bearing the Users the sole responsibility for the successful conclusion of its commercial relationships, contracts, agreements and professional contacts. Freshdeal is not involved in any communication between Users, beyond the support provided for the booking of appointments via the Website. The Centers are responsible for the implementation and enforcement of the agreements they reach with other Users. Freshdeal will ensure, as far as possible, the computer security of technical supports used by the User when browsing the pages of the Website. However, because the Internet can not be considered a safe place, Freshdeal can not guarantee the absence of viruses or other harmful elements, introduced by third parties, that could damage or alter the computer system, electronic documents or files of the User who visits this Website. Consequently, Freshdeal is not liable for damages that such elements may cause the User, Center or third party. Similarly Freshdeal does not guarantee the service continuity, and does not bear liability for damages of any kind that may be due to the temporary interruption in access to one of the services provided on the portal. Freshdeal may not be held responsible, either directly or indirectly, for any damage resulting from misuse of the Website or its contents by the Users, nor for any action taken on the basis of the information provided therein. Freshdeal may limit access to the Website to opinions, information, comments or images that the Users may send, so it may install, if deemed appropriate, filters to such effects. The previously referred right does not imply any obligation for Freshdeal to control the contents that may spread through its Website, but only an expression of its will to avoid, as far as possible, that through it may contents or opinions spill that may be considered defamatory, violent, racist, sexist, xenophobic, discriminatory, pornographic, violating youth or childhood, order or, in any way, violate principles of morals, public order or morality, or are clearly illicit. The links contained in this Website may lead the User to other sites and web pages operated by third parties over which Freshdeal has no responsibility. Freshdeal is not responsible for the content or condition of these sites and web pages, and access to them through this website does not mean that Freshdeal recommends or approves of their content. In any case, Freshdeal is not responsible for the opinions expressed by Users via the comments or applications of this Website.
4. User responsibility for access and use of the Website
This Website offers access to different contents and information as well as services that require User registration. By registering online, the User agrees to provide true, accurate, lawful, current and complete information about their identity (name, surname, e-mail address, telephone number, address, city, post code, country, company information: company name, address, tax identification number, and telephone number) as requested in the registration form to the Services. Also, the User agrees to use such services adequately, according to the possibilities and purposes for which it is intended to avoid in any case: a) Incurring unlawful activities, illegal or contrary to good faith and public order; b) spread content or propaganda of a racist nature, xenophobic, pornographic, illegal, that makes an apology of terrorism or against human rights; c) causes damage to the physical and logical systems of Freshdeal , its suppliers or third parties; introducing or spreading computer viruses or any other hardware or software capable of causing the aforementioned damage; d) attempting to access and, if necessary, use the e-mail accounts of other Users or Centers and modify or manipulate their messages. The User or Center is committed to respecting the rights of national and international intellectual property. In that sense, the Website User may not perform any act of exploitation of the content, information and items available on the Website without the prior express written permission of Freshdeal . Users are solely responsible for the information, images, opinions, allusions or contents of any type that communicate, lodge, transmit, make available or exhibit through the Website. It is strictly prohibited to use false identities and, in particular, civil identity theft. Freshdeal may suspend suspicious profiles until the identity of the owner is verified. False profiles will be canceled immediately and the facts will be made known to public authorities responsible, for the offense to be prosecuted by the appropriate legal channels. You may not use the Website to send advertising or commercial communications of any kind, to broadcast messages with the purpose of advertising or promoting, or for capturing personal data for any purpose, including practices of progressive acquisition of Customers (such as pyramid schemes or chain distribution systems). Likewise, you may not use the Website for sending repetitive or unsolicited e-mails, even if they are not of a commercial nature, to several people. The User who breaches these CLGU shall bear all expenses arising therefrom Freshdeal, including legal representation and compensation to third parties, but not limited thereto.
5. Intellectual and industrial property
The elements contained on the Website (not limited to, images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials, computer programs necessary for its operation, access and use, etc.) are owned by Freshdeal or its licensors, and no rights may be deemed transferred to the User or the Center; including operating rights on them beyond what is necessary for correct use of the Website. It is strictly prohibited to reproduce, distribute, transform, publicly communicate, including any means of making available, as well as any other form of exploitation of all or part of the contents of the Website, in any form or by any means without express written permission from Freshdeal . Users may view the Website elements and may print them, copy them and store them on the hard drive of their computer or in any other hardware, as long as this is solely and exclusively for their personal and private use. The User shall not remove, alter, or manipulate any protection device or security system installed on the Website. Reproduction or transmission of the content of this Website is permitted solely for informational or divulgative purposes, provided that the source is mentioned (author name, URL of the web) and respected for his authorship. The text and graphic elements that make up the Website and its presentation and assembly, are either exclusively owned by Freshdeal or they holds the necessary exploitation rights. Notwithstanding the above, trade names, trademarks or logos appearing to which reference is made in this website belong to their respective owners and are protected by the law applicable in this regard. All logos and trademarks belonging to Freshdeal are registered as trademarks in the corresponding public records, thereby enjoying the benefit of the public trust before any dispute in this regard. Third party logos that appear on the Website are owned by their respective owners, in any case, they are the sole responsible party at any dispute which may arise to this regard. Any claims filed by Users in relation to possible breaches of intellectual or industrial property rights on any of the contents of this Website should be directed to the e-mail address specified in the contact details herein. The User grants Freshdeal worldwide rights of reproduction, distribution and public communication of the content provided through the Website, as well as for transformation to suit the technical needs of the Website, and also guarantees the lawful ownership and power of disposition of such rights.
6. Voluntary cancellation of the registration
The User may unsubscribe from the service at any time, without notice or justification through the form provided for that purpose, but may voluntarily report to Freshdeal the reasons for the cancellation of their subscription with statistical purposes and to improve the service.
7. Private Policy
7.2. Collection and Use of Personally Identifiable Information
Personally identifiable information (“PII”) is information that can be used to identify an individual person. Examples of PII include a person’s name, home address, email address, or phone number. We may receive and store any PII that you provide on our Service, send to us in an email or voluntarily provide to us in any other way. As you use, access, or register for the Service, you may be asked to provide certain PII.
7.3. Collection and Use of Non-Personal Information
Freshdeal also collects data in a form that does not, on its own, permit direct association with an individual person. We may collect, use, transfer, and disclose non-personal information for any purpose. If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.
7.4. Automatic Data Collection
7.5. Use of PII
Any PII you provide to Freshdeal may be used by Freshdeal for the following purposes:
1. to make it possible to provide the Service
2. to answer your queries
3. to keep you informed, including by electronic means, about news, products, and services of Freshdeal and its affiliates.
4. to keep you informed, including by electronic means, about news, products and services from third parties.
Freshdeal, like many businesses, sometimes hires third parties to perform certain business-related functions. Examples include mailing information, maintaining databases, hosting services, and processing payments. When Freshdeal employs a third party to perform a function of this nature, we provide them with the information that they need to perform their specific function, which may include PII of users. Freshdeal requires such third parties to maintain the confidentiality of such information and use such information only as necessary to provide Freshdeal with designated services.
If Freshdeal or all or substantially all of its assets are acquired, the information that Freshdeal has collected, including without limitation PII, may be transferred along with our other business assets.
Freshdeal reserves the right to pass your PII on to third parties so that they may send you commercial communications, including by electronic means, concerning news, products, and services. Said third parties may be located in any country in the world with the international transfer of data to which that gives rise. You may opt-out of Freshdeal sharing your PII with third parties for marketing purposes at any time by sending an opt-out request to Freshdeal at firstname.lastname@example.org.
Freshdeal may disclose any information, including, but not limited to, PII, to government authorities, and to other third parties when compelled to do so by government authorities, at Freshdeal’s discretion, or otherwise as required by law, including but not limited to responses to court orders and subpoenas. Freshdeal may also disclose PII, when Freshdeal has reason to believe that someone is causing or may cause injury to or interference with Freshdeal’s rights or property, other users of the Service, or anyone else that could be harmed by such activities.
In order to make it possible to manage and provide the Service, Freshdeal may also share your PII with any of the companies in its company group. Said companies may be located in any country in the world, with the international transfer of data to which that gives rise. You may view the identity and location of said companies at the website www.freshdeal.com.
7.6. International Transfer of Data
Freshdeal uses the third parties tools. This tool allows Freshdeal, by means of data analysis (business intelligence), to make business decisions.
If you are located outside of Spain, you acknowledge and agree that any PII you provide may be transferred to, and stored on, servers located in Spain, and you consent to the international transfer of your PII to and from Spain, and through other international jurisdictions.
7.7. Security Measures
Freshdeal uses commercially reasonable efforts to protect PII from loss and unauthorized access. However, no security system is infallible. Freshdeal cannot guarantee the security of its databases, nor can it guarantee that your PII will not be intercepted, copied, accessed, or stolen.
7.8. Minimum Age
The Freshdeal Service is not intended for, and may not be used by, people under the age of 18. Without limiting the foregoing, Freshdeal does not knowingly collect PII from children under the age of 13. If you are under the age of 13, you are forbidden from using the Service and from giving Freshdeal any PII. If we learn that we have received PII from a child under the age of 13, or other jurisdictionally-applicable age, we will take steps to delete that PII as soon as possible
7.9. Viewing of PII Among Users
You acknowledge and agree that Freshdeal has the right to access and store the content of messages and communications sent or received by the Users of the Service. Said access and storage aim to foster the proper use and normal operation of the Service as well as to comply with legal requirements.
7.11. Third-party Websites or Services
Certain cookies used by the Service and their purposes are described below:
Analysis cookies (Google Analytics): these are processed by a third party and allow us to quantify the number of users and to carry out statistical measurement and analysis of the use users make of the Service. Your use of our Services is thus analysed in order to improve our products and services. Data obtained through these kinds of cookies may remain stored on your computer and may be processed whenever you access the Service until the cookies expire or you delete them.
Expirity: 2 years.
Purpose: To differentiate users.
Expirity: 2 years.
Expirity: 30 minutes.
Expirity: End of browser session.
Purpose: Not used in ga.js. Set for interoperability with urchin.js. Historically, this cookie operated in conjunction with the _utmb cookie to determine whether the user was in a new session/visit.
Expirity: 6 months.
Expirity: 2 years.
Purpose: Used to store visitor-level custom variable data. This cookie is created when a developer uses the _setCustomVar method with a visitor-level custom variable. The cookie is updated each time the data are sent to Google Analytics.
The configuration of Google Analytics is predetermined by the service offered by Google, so you may view the Google Analytics privacy page (http://www.google.com/intl/es/analytics/privacyoverview.html) in order to obtain information about the cookies it uses and how to disable them.
7.13. Do Not Track Signals
7.14. How to Contact Us
Calle Asturias 61 (C.P. 46023) Valencia – SPAIN
Last Edited: Julio 25, 2017
Effective as of: Julio 25, 2017
8. Communication of illicit and inadequate activities
If the User knew that Website has contents or services that were unlawful, harmful, degrading, violent or contrary to morality or public order, or that the sites linked give access to pages that display or link to other with such content, they shall contact Freshdeal at the e-mail address listed at the beginning of this document, identifying themselves in a sufficient manner, if it were necessary to describe the facts considered unlawful or inappropriate. In cases in which a User is infringing the rights of a third party on the Website, the applicant must contact the relevant authorities for them to notify the fact to Freshdeal so that they are made aware of the knowledge required by law that the activity or information stored is unlawful or that it damages property or rights of a third party liable for compensation. Additionally, the applicant may contact Freshdeal , and notify the fact and the reasons why they believe their rights have been violated, contributing in any case the appropriate titles.
9. Rules and Jurisdiction
The parties agree to resolve any dispute, controversy or claim arising out of these CLGU, by the Spanish law and the courts of Valencia capital, as this is the place of the contract; expressly waiving any other law and jurisdiction that may apply. In the event that a competent court determines that any of the provisions contained in these CLGU is unlawful, void, unenforceable or inapplicable, the User expressly agrees that the remaining provisions will not be excluded nor changed, and will continue in full force, with all their concurrent effects. Freshdeal is committed to writing again, as soon as reasonably possible, those clauses declared void.
TERMS OF MEMBERSHIP
1. Parties identification
These General Terms of Accession for Users (hereinafter, GCAU) apply to the legal relationship established when a person requests to be a Customer of the services provided via the website my.freshdeal.com (hereinafter, the Website), complementary to the provisions of Condiciones de Uso del Sitio Web and Política de Privacidad, and have been established on one side by the business entity Freshdeal, SL (hereinafter, Freshdeal). On the other side, the User, visitor, customer or subscriber (hereinafter, the Customer) agrees to these terms.
In compliance with Law 34/2002 of July 11th, Services Information Society and Electronic Commerce Directive 2002/65/EC of the European Parliament and of the Council of 23 September concerning the distance marketing of consumer financial services and amending Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC., as well as other legislation applicable, Freshdeal has established the following Customer GCAU to the services offered on the Website. Adherence to the Website implies full and unreserved acceptance of each and every one of the following general terms of accession.
These GCAU are aimed at providing the services offered to the Customer on the Website, without any consideration on their part to Freshdeal.
4. Ability to sign up
In accordance with the applicable law, to join as a Customer to the service offered on the Website, the Customer shall have the necessary legal capability to recruit established by the law of their native country. In Spain the age is 18. If the Customer acts on behalf of a legal person, by accepting these Sign Up General Terms, they have the due powers of representation.
The working language will be Spanish and English.
6. Pricing and distribution of responsibility
The services offered by Freshdeal to the Customer through the Website are not free, that is: the services offered by Freshdeal are available upon payment of a monthly fee. Extra pay can be charged for optional services not included in the standard fee. Such additional charges will be specified at the moment of purchase of the aforementioned services. Freshdeal reserves the right to change prices for services displayed on the Frehsdeal marketplace at any time, and to correct pricing errors that may inadvertently occur. Freshdeal does not know to the rates, prices and fees under which the Centers provide services or the payment or billing agreed or applicable. The services provided by Freshdeal through the Website are only those of a technical intermediary and is provided "as is" for putting the Customer in touch with the Centre. Freshdeal is not, in any way, legally liable for pre-contractual or contractual relationship generated between the Customer and the Center. Freshdeal will try to verify, as far as possible, the data that the Centers publish about themselves on the Website, but can not guarantee its accuracy or exactitude, therefore Freshdeal is not responsible for them or for any offers, information or any other information that the Centers publish or indicate.
7. Cancellations by the Customer
The Customer may cancel the requested appointment, for reasons both justified and unjustified, at any time following the cancellation instructions and steps as specified on the Website of the Center and shall obtain evidence that the appointment has been canceled and annulled from their profile. If the Customer does not attend the appointment, without having previously canceled properly, as indicated in the preceding paragraph they may be cautioned by the Center or temporarily be made unable to request appointments at the Centre. The Centre may execute the final cancellation of the Customer's account, and the removal of their personal data and blocking the customer's name, after notifying them by e-mail.
8. Validity of these Terms and Termination of the contract
These GCAU will be incorporated into the lease contract for Services signed with Freshdeal at the time the Customer provides their complying with it, which will be given when pressing the corresponding button on the accession form. Being an e-procurement, the signature of this contract will be replaced by the acceptance of the general terms performed as discussed on the previous paragraph. This agreement will last indefinitely and may be terminated by the general causes of law and, at any time, by the mere unilateral will of the parties, without a previous notice being necessary. None of the reasons for termination of the contract will result in compensation or reparation for any party.
9. Incidents and claims
In the event that the Customer wishes to communicate any incident or make a complaint, they may do so by sending and e-mail to the e-mail address indicated in the first clause of these GCAU.
10. Keeping of the contract
If the Customer wants to keep a copy of this document they may do so by printing it in the act of procurement. Freshdeal will seek to retain a copy of each of the versions of this contract, electronically signed and linked to the corresponding date of publication, these electronically signed copies are available to the Customer who request them by sending an e-mail to the e-mail address indicated in the first clause of these GCAU.
11. Data Protection
12. Access to services through the Website
Accession as a Website User shall be governed also by the terms and provisions of the Terms of Website Use. Read them carefully before proceeding.
13. Law and Jurisdiction
The parties acknowledge that the law applicable to this contract, and all legal relations arising therefrom, will be the Spanish law, by expressed implementation pursuant to Article 1262 of the Civil Code, relating to the provisions of Chapter IV, of the introduction of the same legal body. Likewise, both parties declare that this contract is not subject to the United Nations Convention on Contracts for international sales, signed in Vienna on the 11th of April 1980, for not having such commercial operations. The parties agree to resolve any controversy, dispute or claim arising out of this contract, at the Courts of Madrid, as this is the place of the contract, expressly waiving any other jurisdiction that may apply.
14. Refunds Policy