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The owner of the web application JCM TECH-Store (hereinafter, JCM TECH-Store or the App, interchangeably) is JCM Technologies, S.A., with Tax ID Number ES. A-08.827.974, headquartered at Pol. Ind. Sot dels Pradals, calle Costa d’en Paratge, 6 B 08500 Vic (Barcelona) (Spain) and registered with the Commercial Registry of Barcelona, Volume 20.824, Sheet 36, Page B-12.779 (hereinafter, the Owner).
According to the functions required by the JCM TECH-Store user, this may include the use of programmes that the user must download and install on the devices from whence they wish to access JCM TECH-Store.
The Owner makes j available to any user who, in compliance with the JCM TECH-Store user license's conditions, accesses JCM TECH-Store for the main purpose of:
1. Purchasing products that the website offers.
2. Acquiring information on the products.
General Conditions and User License
1. The Parties
1.1. The General Conditions and User License set forth herein are signed, on one hand, by JCM Technologies, S.A. (hereinafter, the Owner) as owner of the JCM TECH-Store application (hereinafter, JCM TECH-Store or the App, interchangeably), a web application that permits the JCM TECH-Store functions described above through a web browser, and on the other, by the user, the legal or natural person who freely and voluntarily accesses JCM TECH-Store, regardless of whether they use the services and tools offered on JCM TECH-Store at any given time.
1.2. In accessing JCM TECH-Store, the user accepts these Conditions insofar as they are applicable to any Internet user who simply accesses JCM TECH-Store. Moreover, upon registering, the User accepts them and submits without reserve to all that is set forth here within. The Owner recommends carefully reading this document and reviewing its content periodically.
2. JCM TECH-Store
2.1. The main purpose of JCM TECH-Store is to allow the user to access JCM TECH-Store's functionalities. To this end, it is necessary to be registered.
2.2. Use and registration on JCM TECH-Store is subject to payment of a quota with the frequency agreed upon by both parties.
2.3. JCM TECH-Store is designed to be used on certain mobile devices with Internet access. Notwithstanding, JCM TECH-Store does not include access to the Internet or to mobile telephone networks, so the user must pay the pertinent Internet provider or mobile operator rates. See your provider's conditions for access and rates beforehand.
2.4. You are also hereby informed that JCM TECH-Store may include its own or third-party advertising in the future.
3. Intellectual and Industrial Property and User License
3.1. By accepting these Conditions, and provided that the user complies with all obligations pursuant to these Conditions or any other conditions that prove applicable, the Owner grants the user the right to use JCM TECH-Store, just as JCM TECH-Store is offered at all times, in non-exclusive fashion, with no possibility of transfer or sub-license, all over the world and for the period of time that JCM TECH-Store remains installed on the user's device or the user accesses JCM TECH-Store, by means of which:
The user is authorised for access to JCM TECH-Store and unlimited downloads and installations of programmes associated with JCM TECH-Store on their devices, although measures may be implemented to limit the number of simultaneous connections from one sole location or IP address at once.
Moreover, the user is authorised to access and use JCM TECH-Store, provided that it is active and available, for individual and private purposes.
3.2. Under no circumstances does this license for use grant the user authorisation for commercial purposes and/or purposes other than those set forth in the section above.
3.3. This license for use does not entail the transfer or any intellectual or industrial property right from JCM TECH-Store or any content therein, the intellectual property rights to JCM TECH-Store and all elements comprising it (including programming, design, applications, graphics, codes, text, and images, as well as published content and technology associated therewith) being under the exclusively ownership of the Owner, or the Owner holding sufficient rights or authorisations for exploitation. Consequently, all reproduction, distribution, public communication, sharing or transformation of JCM TECH-Store or any element integrated into JCM TECH-Store is forbidden.
3.4. Additionally, the domain name, marks, trade names and in general, any distinctive mark in JCM TECH-Store is owned by the Owner, or the Owner has the licenses necessary to use them.
3.5 If you detect any violation of intellectual and/or industrial property rights in JCM TECH-Store, we request that you inform us as quickly as possible by writing to admin@jcm-tech.com
4. User Obligations
The user undertakes to:
Make diligent, correct, and lawful use of JCM TECH-Store, following applicable law (especially law on data protection and intellectual and industrial property), ethics and good customs and the public order.
Periodically review these General Conditions for Use, or any other conditions that may prove applicable, verifying modifications that may have been made.
Monitor notifications that may be sent by the Owner, as they may include important information.
Not use JCM TECH-Store for commercial purposes. For example, collecting information or contents to provide other services that could clearly be competition for the Owner.
Not modify or attempt to modify JCM TECH-Store in any way, nor attempt to conduct actions or use resources geared toward simulating the appearance or functions of JCM TECH-Store.
Abstain from any actions leading to digital viruses, worms, Trojans, or any other kind of malicious code intended to interrupt, destroy or limit JCM TECH-Store's functions.
Not use reverse engineering techniques and/or decrypt, decompile or use any other system to discover JCM TECH-Store's source code or any other element subject to the underlying copyright or intellectual property right.
Not harm, disable, overload or hinder service (or the network or networks connected to the service) or interfere in the use and enjoyment of it.
In any event, not conduct any sort of action that may violate the Owner or third party's rights and interests, which, for example, could be intellectual or industrial property rights (patents, marks, copyrights, commercial secrets, etc.).
Regarding the user's profile on JCM TECH-Store, the registered user undertakes to:
Not identify themselves with deliberately false or imprecise data or impersonating a third-party identity.
To only use the profile created in their name, not using third-party profiles without prior and express consent.
Not sell, commercialise, or transfer the user profile on JCM TECH-Store to third parties.
To be the only party liable for all activities conducted with their user profile, keeping it updated at all times.
To keep strict confidentiality over login information and passwords since they assume responsibility for harm and damages that may arise as a result of violating said confidentiality.
Be held liable for damages they or third parties suffer as a result of failure to comply with these Conditions or any other conditions that prove applicable, such as the General Conditions for Use.
5. Third-Party Links
5.1. There may be links to third-party webpages or websites on JCM TECH-Store. The Owner shall not be held liable for them or their content or proper operation, or for the consequences arising from accessing them.
5.2. Regarding the links published by the Owner, the user acknowledges and accepts that these links go to external, third-party sites, owned neither by JCM TECH-Store nor the Owner, and the Owner does not approve or revise the functions, advertising or, in general, anything included on third-party pages, even when linked from JCM TECH-Store itself. For this reason, the Owner cannot guarantee that there are no IT threats, viruses, or malware in these links, or that they do not contain illegal or unsuitable content or other links which, in turn, lead to sites with one or several of the aforementioned characteristics.
6. Disclaimer of Liability
6.1. The Owner works so that JCM TECH-Store's services and functions are always available. Notwithstanding, JCM TECH-Store shall be shown "as is," according to availability and limitations present at all times.
6.2. Despite the Owner's constant efforts to protect the systems and contents in JCM TECH-Store, to which end it uses customary security standards on the Internet, it is impossible to offer full guarantees against intrusions or information loss that may occur. Moreover, the Owner cannot guarantee the absence of viruses or other harmful elements in JCM TECH-Store or third-party sites that may alter the user's IT system, both software and hardware. For this reason, the user assumes and understands that there are situations that may be beyond the Owner's control.
6.3. The user shall be the sole party responsible for the payment methods entered in JCM TECH-Store. When the user includes a payment method, it is assumed that they are authorised to do so, being owner of the card entered and/or other payment methods provided, assuming all liability if this is not the case.
6.4. Under no circumstances shall the Owner be liable for the availability, proper operation, and security of payment methods available, insofar as liability for them falls on their respective suppliers.
6.5. The Owner is exempt for all liability for undue access to content as a result of the user registering with deliberately false or imprecise data on their age.
6.6. The Owner shall not be held liable in any way for the user's improper use of JCM TECH-Store, as well as for failure to comply with the obligations and commitments undertaken in these General Conditions and User License or any others that prove applicable.
6.7. In general terms, neither the Owner nor its collaborators shall be held liable for loss of profit or damages for any reason.
7. Compensation
7.1. If any sort of damage, harm, loss, or cost (including lawyer and prosecutor fees) are suffered by the Owner as a result of the user's failure to comply with these General Conditions and User License or any others that may be applicable, the Owner must be compensated.
7.2. In the same fashion, if third-party claims are filed against the Owner as a result of the user's failure to comply, the user shall hold the Owner exempt from liability, and the Owner may claim all expenses, costs, harm, or damages arising from the user's actions.
8. Duration, termination, and exclusion
8.1. The duration of these Conditions is indefinite, and they shall remain in force as long as the user keeps their JCM TECH-Store account.
8.2. The user may terminate these Conditions at any time by simply cancelling their user account through JCM TECH-Store's tools set forth for this purpose.
8.3. On the other hand, the Owner reserves the right to terminate these Conditions or to block or delete the user's account when serious and/or repeated failure to comply with the conditions set forth herein or any other of the applicable conditions occurs.
9. Data Protection
9.1. Collecting and processing the user's personal data obtained by the Owner through JCM TECH-Store is governed by JCM TECH-Store's Privacy Policy.
10. Commission to process personal data
Pursuant to article 28 of the (EU) Regulation 2016/679 of the European Parliament and the Council of 27 April 2016, on the protection of natural persons regarding personal data processing and the free circulation of these data, called the General Data Protection Regulation (hereinafter, GDPR), it is mandatory to enter into an agreement regulating third-party access to personal data when said access is necessary for the data controller to effectively provide a determined service.
The purpose of this clause is to establish the terms under which personal data shall be processed for the service provided with the JCM TECH-Store User License, governed by the following:
The user is controller over the processing that the personal data they have provided shall be subject to for the Application.
The Owner becomes the data processor in providing to the user of the JCM TECH-Store the application, which permits processing of the personal data controlled by the user. The service provided by the Owner consists of maintaining and guaranteeing continuity of the service offered by the Application.
Upon acceptance of the Conditions and User License, the user acknowledges that, as data controller, they comply with all obligations set forth by the GDPR and applicable personal data protection regulations.
The owner undertakes to process the aforementioned personal data under the principles required by applicable data protection law, particularly law regarding duty of secrecy and confidentiality and technical and organisational security measures, heeding to the risk identified for processing.
The Owner undertakes to not apply nor use personal data for purposes other than those specified in the service provision described in the opening section to these conditions for use.
The Owner undertakes to respect professional secrecy for the personal data being processed, to maintain absolute confidentiality and reserve of data of which the Owner may be aware in fulfilling the services provided, and to not share the personal data the user manages through the application with any third party, not even for storage.
This obligation extends to all the Owner's employees, and shall continue after waiving, ceasing, or terminating the JCM TECH-Store User License.
The clauses above shall not be applicable to personal information that must be provided in strict compliance with imperative legal provisions or due to a mandatory ruling or sentence from a jurisdictional or administrative body. In this case, the Owner must make the user aware beforehand, and must limit and adhere exclusively and solely to the requested information.
In the event that the Owner, acting as data processor, uses the data for purposes other than those established, shares them, or uses them in violation of the secrecy obligation, the Owner shall also be considered data controller, and must personally respond for the infractions incurred pursuant to applicable law.
As data processor, the Owner undertakes to follow, adopt, and apply the technical and organisational security measures pertinent to processing the user's personal data to which the User has access, in accordance with the necessary measures set forth in art. 32 of the GDPR.
The Owner undertakes to immediately return the data processed to the user at any moment when the user requests the data, and in any event once the required service has ended. The Owner may not save any copy, this always being the data controller's choice.
The user may request that verifications and audits it deems necessary from the Owner, so as to verify due compliance with the terms set forth in this contract.
11. Safeguarding and Interpretation
10.1. These Conditions are one sole agreement between the user and the Owner.
10.2 If competent authorities declare any provision illegal, invalid, or unenforceable, it must be interpreted in the manner closest to the original intent of said provision. Notwithstanding, such a ruling on one or several of the clauses shall not jeopardise the validity of other clauses.
10.3. If the Owner does not require strict compliance with any of the terms in these Conditions, this does not imply and should not be interpreted, under any circumstances, as the Owner waiving its right to require this in the future.
12. Language
11.1. The language applicable to these Conditions is Spanish. A version in English is offered merely as a courtesy for the user's comfort. Therefore, the user expressly accepts that said Conditions are governed by the Spanish version.
11.2. If there is any contradiction between the Spanish version of the Conditions and the translation, the Spanish version shall always prevail.
13. Legislation and Jurisdiction
Relations between the Owner and the user shall be governed by Spanish law. In the event of conflict in the interpretation or fulfilment of these Conditions, the parties shall submit, expressly waiving any other jurisdiction that may be applicable, unless the Law imperatively determines a different jurisdiction, to the Courts and Tribunals of the city of Vic.