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Conditions of use and contracting of the service

I. General Conditions of Use

First.- Obligation of correct use of services and contents.

The User undertakes to make diligent use of the same and of the services accessible from this website, in full compliance with the Law, good customs, these General Conditions and, in each specific case, the particular conditions governing the specific services provided from the website www.shiptec.app.

Any use other than the purpose of this website is expressly prohibited. In this sense, the User will renounce to use any of the materials and information contained in this website for illegal purposes and those expressly prohibited in these General Conditions, as well as in the particular conditions that, in its specific case, are enabled for the specific services provided by the Owner of the Site. You shall be liable to Shiptechnology S.L., its members and/or third parties in the event that you violate or breach such obligations and/or that, in any way (including the introduction or dissemination of “computer viruses”), damage, disable, overburden, impair or prevent the normal use of the content and information included in the website, the information systems or the documents, files and all kinds of content stored on any computer equipment of Shiptec or any other user of the website.

Users of this website are not authorized to decompile or reverse engineer in an attempt to discover the source code of the content and software contained in the Site.

Second – Exclusion of guarantees and responsibility

a. For the operation of the website

Shiptechnology S.L. does not guarantee the availability, continuity or infallibility of the operation of the web site, nor of the services to which it may have access, and therefore excludes, to the maximum extent permitted by current legislation, any liability for damages of any kind, which may be due to the lack of availability or continuity of the operation of the web site and the services enabled therein, as well as, to errors in access to the various web pages or those from which, where appropriate, such services are provided.

b. For possible services provided by third parties, accessible from the website

Shiptec excludes any liability for damages of any kind that may be due to services provided by third parties through this Web site as well as the means that these enable to manage service requests and, specifically, by way of illustration and not limitation: For acts of unfair competition and illegal advertising as a result of the provision of services by third parties through the website, as well as the lack of veracity, accuracy, completeness, defects, relevance and / or timeliness of the content transmitted, distributed, stored, received, obtained, made available or accessible through the services provided by third parties through this website.

Third.- Links.

a. Links to web pages independent of this website

On the website the user may find various links that lead to independent web pages. Their sole purpose will be to facilitate access to other sources of information on the Internet related to the services offered or of a general nature. Their insertion in this website is inspired by respect for the intellectual and industrial property rights that, where appropriate, may correspond to their authors and legitimate owners.

Shiptec is not responsible for the contents accessed through such links, nor for any modifications made to them, nor for their use or technical availability. Nevertheless, Shiptec is committed to doing everything possible to avoid the existence of links on its website to sites with illegal content, which promote illegal racist and xenophobic activities and, in general, which are likely to violate the principles of freedom and human dignity or infringe the values and rights recognized by the legal system. In the event that Shiptec becomes aware that the information to which it refers is illegal, Shiptec will act with due diligence to remove or disable the link.

b. Conditions for linking to this website

Any person or entity that intends to make or makes a link from an Internet web page to any of the pages of Shiptec’s website must submit to the following conditions:

  • Any link to the shiptec.app website will be made to its home page or to the page that both parties – the Owner and the linking third party – agree to, always with the express prior consent of Shiptechnology S.L.
  • No frames, deep-links or image links will be established with the pages of the shiptec.app site without the prior express authorization of Shiptechnology S.L.
  • No false, inaccurate or incorrect statement about Shiptec’s web pages or the services or contents of the same shall be included.
  • The establishment of the link does not necessarily imply the existence of a relationship between Shiptec and the owner of the web page or portal from which the link is made, nor the knowledge and acceptance by Shiptec of the services and contents offered in said portal.
  • The establishment of links without respecting the above conditions may be a violation of intellectual property rights and / or industrial property owned by the company responsible for this website.
Fourth – Intellectual Property.

The shiptec.app website is an original work protected by copyright law. The entire content of the website, whether text, images, sound, trademarks, logos, color combinations, or any other element, its structure and design, the selection and presentation of materials included, access and use, are the property of Shiptechnology S.L., has the authorization of its legitimate owner or uses free access licenses such as Creative Commons licenses or GNU General Public License – with the limitations that these include – being expressly prohibited to manipulate, transmit, copy, modify, incorporate, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound files and / or image, photographs, recordings, software and, or make any changes to this page.

Shiptechnology S.L. declares that it is the owner and has the sufficient and necessary rights, with the capacity of cession of use to third parties, of the source code that constitutes the software “Click&Ship”.

All Users who access shiptec.app are obliged to refrain from collecting data from the mercantile Owner for advertising purposes and from sending advertising of any kind and communications for sales purposes or others of a commercial nature without their prior request or consent. Likewise, it is totally prohibited to include Shiptec’s data in files or to make them available to third parties for advertising purposes.

Fifth: The free nature of access and the onerous nature of the contracting of services.

The mere access to this website is free for users. However, the Services that you freely contract with the Owner or with third parties through the Web site may be subject to payment of a price, in the manner determined in the corresponding Particular Conditions of such services.

Sixth – Limited access area, which requires registration.

The website www.shiptec.app has areas and services for which a previous registration is required.

To access and use the limited access area, Users must first register by filling in the corresponding form (the “Registration Form”). In this regard, Shiptec reserves the right to freely accept or reject any User’s registration request. Data entered by Users in the Registration Form must be accurate, current and truthful at all times, and will be treated by Shiptec in the manner indicated in the Privacy and Personal Data Protection Policy.

Once we receive the registration request, we will contact you to formalize the activation of the account and provide you with your password to access your private area with your management panel.

In order to use the services offered by Shiptec, the user must use the Google Chrome Internet browser and install the “Click & Ship” extension, which is available in the “Google Store”.

The User, at any time, may request the correction of the personal data provided as part of the creation and registration of an account, including its deletion, although this may prevent access to the Limited Access Services.

The Registered Users will be responsible at all times for the custody of their access key, as well as for the control of those users who may access their account even in their name, assuming consequently any damages that may arise from its improper use, as well as the transfer, disclosure or loss of it. For this purpose, access to limited areas and / or use of the contents made under the password of a registered user will be deemed made by the registered user, who will respond in any case of such access and use. Registered Users may modify their exclusive password at any time through Shiptec’s own website. In case of forgetting the password or any other circumstance that may imply a risk of access and/or use by unauthorized third parties, Registered Users must immediately notify Shiptec in order to proceed with the blocking and replacement of the password.

Minors

Our area of limited access that can be found by the User implies the disposition on its personal data and can suppose to initiate contractual relations that require of the civil capacity to oblige, therefore, they are directed to people of legal age. In the event that minors or incapable persons access shiptec.app in the free navigation on the Web, they must refrain from any intervention and provide any personal data. In the event that the use of our website, as well as its contents, is contracted by a minor or an incompetent person, it will be the responsibility of the adults or guardians in charge of them, who will be responsible for all acts performed by the minor or disabled person.

Parents, guardians or legal representatives are obliged to control and restrict access to web pages they consider inappropriate.

Seventh – Blog and Social Networks.

Public blogs and social networks and the features offered in them are usually intended for public, not private, communications. Please keep in mind that whenever you give out personal information online via a social networking chat or blog, that information can be collected and used by others.

Any use of the services of our Blog is, in any case, subject to our Privacy Policy and we reserve, at our sole discretion, the right to review, withdraw or modify any comments made by Users.

The social networks are part of our communication policy, being applicable the terms gathered in the General Conditions of the website, specially we refer in this point to our Privacy Policy, regulation of Industrial and Intellectual Property and to the own terms and conditions that regulate the use of each one of these social networks, to which it is submitted in case of deciding its participation in them and of which Shiptec is foreign.

 

II. General Conditions of Service Provision. Electronic Contracting. License Agreement

First: Scope, definitions, procedures, limitations and obligations of the parties

Scope

Shiptechnology S.L. through the website www.shiptec.app makes available to its users and customers various logistics and transport services, including warehouse management, through software specifically designed for this purpose and called “Click&Ship”, for electronic procurement, under the terms and conditions provided herein.

The User agrees to read carefully the content of these Electronic Contracting Conditions, the Privacy Policy, as well as to introduce the data and additional information that is essential for the contracting of the Computer Program.

Definitions

A User is a natural or legal person who uses our website and a Customer is a person who contracts our software and services, under the conditions of these General Conditions and the License Agreement.

Limitations and obligations

  1. The user must access Shiptec’s services in accordance with good faith, public order regulations, these General Conditions, as well as current regulations regarding information society services, personal data protection, mainly, but not limited to.
  2. Access to Shiptec’s online services and the use of its contents is at the User’s own risk:
    • Do not use the software that Shiptec makes available to you, by means or for purposes that are illegal or expressly prohibited by law or whose effects may infringe or harm the rights, interests or property of Shiptechnology S.L. or third parties.
    • Refrain from carrying out any activity that could damage, overload, deteriorate or prevent the normal activity of the Shiptechnology S.L. website, as well as obtaining services provided through the website by illegal, fraudulent means, theft or plagiarism of the same in accordance with Spanish legislation.
  3. The User will assume the sole and exclusive responsibility that could be derived as a consequence of the noncompliance with the provisions of the previous paragraphs. In the same way, the User will assume the expenses and compensations that could be derived from the administrative and judicial processes as a consequence of their noncompliance.
  4. Shiptec guarantees the security of your transactions, having the current technological security standards, by applying communication encryption protocols on the pages that collect data and transactions on the website.
  5. The page where the bank or card details must be entered comes directly from accredited banks or recognised payment service providers, so the information gateway for data transmission over the network is completely secure.
Second. Contracting procedure.
  1. Shiptec’s website enables transactional functions, subject to financial charges, which implies and presupposes the full contracting capacity of the User and Customer. The responsibility for the authenticity of the data provided, including those referring to its capacity to contract, corresponds exclusively to the user, and Shiptechnology S.L. is therefore exempt from any responsibility in this regard.
  2. The price of our order management, transportation and integrated logistics services will be the one indicated on Shiptec’s website, at the moment the user accesses and proceeds to initiate the contracting process, under the customization parameters that the user himself determines in the initial configuration and subsequent use of the service. The price will be increased by the applicable taxes in force at the time of purchase of the Services.
  3. Our order management services will be billed monthly based on the range of service the Customer has used over that period, according to at least one of the following parameters:
    • Number of orders
    • Products
    • Sales Channels
  4. Customer accounts are not subject to the service fee until they exceed thirty (30) shipments per month. After that, the monthly fee will be established according to the range of service used, determined automatically under at least one of the parameters indicated.
  5. Our transport and logistics services are subject to your own rates
  6. Shiptechnology S.L. reserves the right to modify the prices published in the respective web page of the indicated site when it considers it convenient. In any case, the above will not be applicable to those services contracted before the modification.
  7. Shiptec reserves the right to cancel accounts with no activity within ninety (90) days.
Third. Payment procedure.

Once registered and with an active account, the user will be able to access his private area of management, finding there the access point to our Virtual TPV or Payment Gateway, where he will have to register his credit or debit card data. The registration of this means of payment does not imply any cost for the Client. The registered card must be in any case validated and in force. The Client, unless he changes his card, will not have to declare again the data of the same one until his date of expiration.
Shiptec. will not maintain or access your card details, which remain in the possession of the Virtual POS or payment gateway provider, who undertakes to keep them and protect them with the due diligence required by the Personal Data Protection regulations.
The connection with the payment provider is always done through a secure encrypted channel, applying the most advanced communication security technology available.
When the Client requests a service through “Click&Ship” or from his private management area, at the same time of confirming the request, we proceed to link with the Virtual TPV or payment gateway, to proceed with the collection of the service according to the declared data.
If during the revision period of the shipments we find differences between the real data of the same and the declared, automatically proceed to regularize the difference against the declared card, by means of operation reference, in no case Shiptec keeps the data of the card.
Monthly, the service fee corresponding to the range used in that period will be applied to the declared card, according to the rates in effect at that time.

Fourth. Language.

This legal information will be available in Spanish, which in any case, will be the language of reference and interpretation if there is another on the Web.

Fifth. Accessibility contract.

The User License Agreement, these Conditions as well as the Privacy Policy may be consulted, printed and stored by the User prior to contracting.

Sixth. Resolution of possible incidents.

Shiptec makes available to the customer, the e-mail address info@shiptec.io in order to address any questions regarding the recruitment process, the User License Agreement, these conditions as well as in the Privacy Policy.

Seventh – Right of Withdrawal.

As these are services based on software supplied by electronic means, of immediate execution and beginning of the benefits from the same moment of the effective contracting, the User will not be able to exercise the right of withdrawal of the contracting, being of application the exceptions gathered in the article 103, letters a) and m) of the Law 3/2014, of May 27, of modification of the rewritten text of the General Law for the Defense of the Consumers and Users and other complementary laws.

Eighth – Grant of User License.

On the one hand Shiptechnology S.L. acts as licensor of the software Click&Ship, being the User a licensee of the same, recognizing both parts mutual capacity to agree and to accept the present Conditions of Use, Service and Rendering of Service, together with the necessarily linked Privacy Policy, where the conditions for the granting of a Non-exclusive software Use License to the User are established.

The License, object of the present regulation, is for the only use by the User of the services of Shiptechnology S.L.

Ninth. Order and Warehouse Management Service.

Shiptec provides its customers with an On-Line service for order management and logistics processes, developed under its own technology, which can be integrated with the main e-commerce platforms and the main distribution channels.

The order management service can be carried out:

  • By the client himself, through the connection and integration with our service platform.
  • On behalf of Shiptec, we contract the additional logistics and/or transportation services that we make available
    You can find the details and main characteristics on the website
Tenth: Transportation service.

Shiptec makes it easy for you to connect with the transport agencies of your choice and to ship both nationally and internationally. You can find details of our service on the website – Integrated Transport
The transport rates are independent and additional to our management service
Our transport service is in any case subject to our own: GENERAL TERMS AND CONDITIONS OF TRANSPORT (Download document – Spanish) which you accept in this document.

Eleventh- Logistics Service.

At Shiptec you will find comprehensive logistics services, which can be provided either at our own facilities or in combination with your own.

Rates for logistics services are customizable, independent and additional to our management service
Our logistics service is in any case subject to our own: GENERAL TERMS AND CONDITIONS OF LOGISTIC SERVICES (Download document – Spanish), which you accept in this document.

Twelfth: Qualification, legislation, jurisdiction, applicable jurisdiction.

The present general conditions constitute a commercial relationship, without any labor link between the parties.
The General Conditions of Use of the Web, services and electronic contracts are subject to Spanish law.
The users, customers and Shiptechnology S.L. expressly agree that the Spanish Legislation regulates the relations derived from the access and the electronic contracting.
For the resolution of any conflict arising from the access, use and electronic contracting of services in and through the website, as well as electronic contracting, the visitor, contracting party and Shiptechnology S.L. as Owner of the site and provider of the services offered therein, agree to expressly submit to the Courts and Tribunals of the city of Madrid, renouncing any other general or special jurisdiction that may correspond to them.

Adherence to Confianza Online.

The parties submit themselves, at their choice, for the resolution of the conflicts and with renunciation to any other jurisdiction, to the courts and tribunals of the city of Madrid. Also, as a member of Confianza Online and under the terms of its Code of Ethics, in case of disputes relating to recruitment and online advertising, data protection and protection of minors, the user can go to the system of extrajudicial resolution of disputes of Confianza Online (www.confianzaonline.es).

This page has been translated, for more exact information please refer to the original Spanish version. As explained in chapter two, point four of the General Conditions of Use; the language of reference and interpretation is Spanish.

Shiptechnology S.L.
Version 1.0. – November 2020