Terms and conditions

ENCOMENDA SMART CAPITAL, S.G.E.I.C., S.A. (hereinafter referred to as “Encomenda”) is a Spanish company with registered office in Barcelona, ​​Plaça de Pau Vila 1, Palau de Mar, 2A2 (08039), registered in the Barcelona Mercantile Register under Volume 46079, leaf B-508786, Folio 124 and with CIF number A67063503.

Through our website www.encomenda.com (hereinafter, the “Website”) the public may access news, information and events organized by Encomenda, as well as certain corporate information for our partners and investors.\r\n\r\nBy using this Website and its services, you agree to comply with and be bound by the following terms of use (the “Terms of Use”). Please read them carefully.

1. Terms of use 

1.1 The use of our Website attributes the condition of user (hereinafter, the “User”). The fact of being a User implies the total acceptance without waiver of all the policies and policies published on the Website; including these Terms of Use and the Cookies Policy (hereinafter, the “Policies”). You also agree to use this Website in accordance with any applicable law. If you do not comply with these Terms of Use and all related Policies, refrain from using the Website. To the extent that you fully comply with the Terms of Use and the Cookies Policy (in the applicable version at any time), you are authorized to use the Website.

1.2 The Terms of Use or Cookies Policy may be modified by Encomenda at any time, and it is the sole responsibility of the User to verify its content. Please review the Policies regularly to ensure that you are informed of any changes that may have been made. The use of the Website implies that you agree to be legally bound by the Policies, in their current or modified versions. In case of discrepancy between previous versions of the Policies and their updated versions, the latter will prevail.

2. Use of the Website  

2.1 The maintenance of this Website is due to our desire to improve public access to information, news and events related to Encomenda, as well as certain information of a corporate nature for our partners and investors. Our goal is that the content of the Website is at all times adequate and correct. If you are aware of the existence of errors in the content of the Website, we will try to correct them as soon as possible. However, we decline any obligation or liability with respect to the accuracy of the content posted on the Website.

2.2 We reserve the right to update or delete any content of the Website, as well as to limit or deny access to any User, temporarily or permanently. Notwithstanding the foregoing, this disclaimer is not intended to limit our liability in case of breach of any obligation imposed by applicable national law, nor exclude our liability in matters in which it cannot be excluded under such legislation.

2.3 All content published on the Website, including, but not limited to, copyright, similar or related rights to copyright or sui generis right on databases, patents, utility models, industrial designs, graphics, source code, texts, images, photographs, trademarks, trade names, logos, slogans, domain names, social profiles, interfaces, musical and/or audiovisual works, trade secrets and know-how, regardless of whether they have been registered, have been requested to register or are not registered (hereinafter, the “Content”) are owned by Encomenda or have been transferred through a license for its exploitation and are protected by all applicable laws on intellectual property and industrial law, including antitrust laws.

2.4 Unless otherwise specified in the Policies, Users may not reproduce, distribute, transform or make the Content public. While expressly authorized, all use of the Content will have to comply with these Terms of Use and all applicable Policies.

2.5 The Website may include links to external and independent third party websites of Encomenda (hereinafter “Third Party Websites”). Encomenda includes these links to offer Users the possibility of accessing other websites that they believe may be of interest to you. Third Party Web Sites are outside our control and we decline any responsibility as to their content. Therefore, the fact that the Website includes links to Third Party Websites does not imply in any way that Encomenda has approved or that it agrees with the content or the information published in the same. Consequently, we do not assume any obligation with respect to the content or the information published by Third Party Websites and therefore, access to Third Party Websites will be under the exclusive responsibility of the User.

2.6 You are not authorized and should not use the Website to: (i) post, upload, email or otherwise transmit material that is rude, defamatory or obscene that may annoy, disquiet or disturb any person and/or infringe upon rights or prevent their use and enjoyment of the Website; (ii) posting, uploading, emailing or otherwise transmitting unsolicited or unsolicited materials, promotions or advertisements, junk mail, spam, chain letters, pyramidal frames or any other means other form of offer or commercial exploitation; (iii) create an electronic or other database that includes material downloaded or obtained from any other form of the Website; (iv) transmit or proceed to the transmission to a third party of any material obtained from the Website, without complying with the applicable Policies published on the Website; (v) obtain or attempt to obtain materials, documents or information from the Website by any method that is not available on the Website through automatic devices such as deep-links, scrapes, robots, spiders or other similar devices; (vi) access, copy or track any part of the Website, or reproduce or circumvent in any way the navigation structure of the Website or any content; (vii) upload or transmit any material that includes malicious software (virus) or any other code, file or computer program designed to interrupt, restrict, destroy, limit the functionality of, or compromise the integrity of any software or hardware or telecommunications by any means. We reserve the right to prohibit any activity or material of this nature; or (viii) use any part of the Website to link, through any means, with an internal or secondary page of the Website located at one or several levels below the home page (deep link) or to submit Content of the Website on another web page (framing).

3. Privacy  

3.1 The simple visit to our Website does not include the obligation to provide information of any kind. Your privacy and the safeguarding of your privacy is the most important thing for us. In case you provide through the Website some personal information, the data collected through the present will be used in the form, for the purpose, and with the limitations and rights contained in Organic Law 15/1999, of 3 (“LOPD”) and Royal Decree 1720/2007, of 21st December, which approved the Regulations for the development of the LOPD (the “RLOPD”).

3.2 By entering your data in a contact form included in the Website, you consent to the storage of your personal data in our files, in order to attend your query and, if necessary, contact you. All data marked with an asterisk in the forms must be filled in as a mandatory requirement so that your query, request or commentary is admitted. No data considered as specially protected by current regulations will be requested, as well as any type of economic data.

3.3 Encomenda guarantees that the data provided will not be accessible by anyone other than Encomenda and that they will only be shown at the request of its own owner, provided that it is duly accredited. Encomenda will not transfer your personal data to third parties.

3.4 You will have the right to access at any time your data stored in our files, as well as the rectification, cancellation or opposition to the processing thereof (“ARCO Rights”). You can exercise your ARCO Rights through the email info@encomenda.com. In all cases, to exercise your ARCO Rights you must prove your identity by photocopy of your identity document or valid passport.

4. Exclusion of liability

4.1 Encomenda is in no way obliged to keep the website accessible or to provide the content stored on it. Both the hosting of the website and the provision of content may be canceled, interrupted or suspended temporarily at any time without prior notice. Encomenda does not guarantee the absence of errors, faults or viruses in the Website or the content, nor the absence of interruptions in its supply. Encomenda does not assume any liability for direct or indirect damages suffered by the user as a result of the suspension or cancellation of the website and / or the removal of its total or partial content.

4.2 The content of the website is general informational and therefore could be insufficient for the user to adopt a personal or business decision. Encomenda is not obliged, in any case, to demonstrate the truthfulness, accuracy, adequacy, integrity and validity of the content. The user agrees that the use of the website and/or the content will be at his own risk and that the website is offered to users as is available. Therefore, no warranty, express or implied, as to the site or the content, including, but not limited to, merchantability, infringement or suitability for a particular use or purpose is made. Insofar as applicable law so permits, Encomenda assumes no responsibility for the decisions taken by the user based on the information provided on the website, or for direct or indirect damages that may suffer as a result of actions based on the site or the contents.

4.3 Encomenda will not assume any liability for damages that may be suffered by the user’s hardware, software and / or data from any virus or malicious content or software. The user will be solely responsible for installing the necessary tools to detect and prevent your equipment, hardware, software and/or data from being damaged in any way.

4.4 Encomenda shall not be liable in any way to users for indirect or direct damages (including incidental, consequential, special, punitive or exemplary damages, if accepted by applicable law) arising from the use or inability to use the site web or content, including, without limitation, lost profits or loss of business. Limitations of liability in some territories are prohibited, so this limitation applies only to the extent permitted by applicable law.

4.5 Encomenda assumes no liability for damage to your computer equipment, software or information from any virus or any other malicious content or software. It is the responsibility of the user to install the tools necessary to detect and prevent any damage to their equipment, software or information on their computer equipment.

4.6 Under no circumstances will Encomenda be liable to the user for any direct or indirect (including incidental, consequential, special, punitive or exemplary damages, if permitted under applicable law) arising from the use of the site web or content or the inability to access the website or content, including without limitation any loss of profit or business. Some jurisdictions do not allow liability limitations so this limitation will only apply to the extent permitted by applicable law.

5. Applicable legislation and competent jurisdiction

These Terms of Use shall be governed by Spanish law. Without prejudice to the rights that could assist you as a consumer, any dispute arising from matters relating to the Website shall be subject to the exclusive jurisdiction and jurisdiction of the Courts of the city of Barcelona.