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Terms and Conditions

Latest update: 31/03/2020



Background




The website https://paack.co (hereinafter, the “Website”) belongs to PAACK SPV INVESTMENTS, S.L. (hereinafter, “PAACK”), with Tax ID (C.I.F.) B-66889452, duly filed with the Barcelona Companies Registry in Volume 46205, Folio 173, Sheet B-512934, Entry 1 and with registered address at Vía Augusta, No. 17, Principal, 08006 Barcelona.




By using the Website, the user accepts these terms and conditions of use (hereinafter, the “Terms and Conditions of Use”) and undertakes to use the Website and the services and contents hosted on it according to these Terms and Conditions of Use and under their sole and exclusive responsibility.




1. Identification of the Parties




The Terms and Conditions of Use are signed between PAACK, on the one hand, and the end user (hereinafter, the “User”) whose personal data have been provided via the Website, on the other.




 2. Object and scope of application




These Terms and Conditions of Use govern the access, browsing and use of the Website by the User.




 3. Website Access and Use




The User undertakes to use the contents, information and data of the Website in accordance with these Terms and Conditions of Use, the other policies accessible via the Website, current legislation, generally accepted good practices and public order.


PAACK shall not be held responsible for any consequence, damage or harm that might be derived from said access, use or the breach of these Terms and Conditions of Use, nor shall it accept responsibility for any security errors that might occur or damage that might be caused to the User’s computer system (hardware or software) or to the files and documents stored on it as the result of: (i) the presence of a virus on the User’s computer that is used to connect to the services and/or products offered by PAACK via the Website; (ii) the malfunctioning of the web browser; and (iii) the use of non-current versions of the web browser.




4. Rules Governing the Use of the Website




PAACK reserves the right to cancel the account of the registered User and may proceed to terminate this contract. In particular, it may cancel you as a User in the event it detects a breach of any of the contractual obligations set out herein, or in the case of observing a use of the Website that violates these Terms and Conditions of Use, the Privacy Policy and principles of good faith accepted in the sector.




In this respect, the User undertakes:




  • Not to use the Website to carry out timeshare operations, becoming a service provider of software applications to the extent that they are focused on making access possible by third parties to the platform or any of its components, through leasing operations, administrative services or any other similar types, sharing them or making them available to third parties.




  • Not to engage in acts of reverse engineering, requirements analysis and other activities aimed at developing an online platform that is identical or similar to that made available by PAACK, with this activity possibly being considered as an act of unfair competition and a violation of the intellectual and industrial property rights that PAACK holds over the Website.




  • Not to subject the Website to workloads that are clearly aimed at destabilising it, including denial-of-service (DDoS) attacks or similar situations. If this type of situation is detected, the previously indicated service level will not apply, as this is considered an emergency situation.






  • Not to translate, adapt, improve upon, transform or correct the platform or any of the elements that it consists of, or in any other way modify it. Likewise, it is not allowed to incorporate the platform into other proprietary software or platforms or those provided by third parties.




  • Not to remove, eliminate, alter, manipulate or in any way, modify the notes, legends, indications or symbols that PAACK, as the legitimate holder of the rights, incorporates into its property with regard to intellectual or industrial property (for example, copyright, ©, ® and TM), on the platform itself and on any associated material.




  • To inform PAACK of any circumstance or situation that has occurred that could jeopardise the security of authorised users when accessing the Website.




  • Not to prevent the normal development of an event, competition, promotion or any other activity made available through the Website, whether by illegally or in any other way altering, or attempting to alter, access to, participation in or the operation of the same, or falsifying the result of the same and/or using fraudulent participation methods through any procedure, and/or through any practice that is contrary to or in any way infringes these Terms and Conditions of Use.




  • It is forbidden to force malfunctions or look for security breaches on the Website.




  • To refrain from using the contents of the Website for illegal or forbidden purposes or effects, or those that are in violation of what is set out here, are harmful to the rights and interests of PAACK, other users or third parties or that might in any way damage, render inoperative, overload or disrupt this Website or prevent the normal use and enjoyment of the same by the users.




 5. Links to other websites




These Terms and Conditions of Use do not apply to links, websites and applications belonging to third parties that may be accessed via the Website.


In the event of accessing other networks or computerised resources, the Users agrees to be bound by the provisions of the corresponding privacy policies. As a result, PAACK assumes no responsibility for either the content or the security measures adopted by them.


Neither does it guarantee that the contents linked from the Website are free of viruses or other elements that could cause alterations to the computer system (hardware and software) or to the User’s documents and files, thus releasing PAACK from any liability derived from damages of any sort caused by the foregoing.


In any case, PAACK will immediately remove any link when the contents it links to infringe national or international law, are immoral or are contrary to public order.




 6. Disclaimer of warranties and liability




PAACK does not guarantee the permanent availability of the services offered on the Website. However it does make every effort to ensure the regularity and proper functioning of the same. To this end, PAACK declares that it has adopted, and will continue to adopt, all the necessary and reasonable measures within its capabilities and the state of technology to ensure the proper functioning of the Website.


Nonetheless, PAACK assumes no liability for any damages that could be derived from disconnections, interferences or interruptions that might occur in accessing or browsing the Website, or for damages that might be caused to the User or third parties related to the presence and propagation of computer viruses or other harmful elements.


PAACK also declines any type of liability for errors or omissions that could exist in the Website contents, or for the actions that the User might take based on said content.




 7. Modifications to the Terms and Conditions of Use




PAACK reserves the right to make, without notice, any changes it deems necessary to these Terms and Conditions of Use, and thus the User is responsible for reading them carefully every time they wish to use the Website in order to verify or ascertain the existence of any modifications or changes to them, taking as a reference the date of the latest update.




8. Intellectual and Industrial Property




The User acknowledges and accepts that all industrial and intellectual property rights over the contents and/or any other elements included by PAACK on the Website (including, by way of example and without limitation, any element that makes up the visual appearance, graphic image and other sensory stimuli that constitute the Website or its “look and feel,” brands, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, navigational architecture or the source codes) belong to PAACK and/or to those third parties that have transferred their rights to it. For these purposes, the Website shall be understood to include all those creations incorporated and expressed by PAACK by any means and/or tangible or intangible media, known or as of yet unknown, that are subject to protection by current regulatory provisions in the area of intellectual and industrial property.


The mere display, printing, downloading or temporary storage, in whole or in part, of the contents and/or the elements included by PAACK on the Website are authorised exclusively for personal, private and non-for-profit use, as long as, in all cases, the origin and/or author of the same is indicated and that, as appropriate, the copyright symbol and/or notes indicating industrial property rights and their owners are displayed. Any other use or exploitation of any of the rights shall be subject to prior, express authorisation specifically granted for said purpose by PAACK or the third-party holder of the affected rights.


It is strictly forbidden to use said elements, in whole or in part, or to communicate and/or distribute them for commercial or lucrative purposes, or to modify, alter, decompile them and/or any other act exploiting the Website, for which PAACK holds the right to exploit its image rights. For any other use other than those expressly permitted, it will be necessary to obtain the prior written consent of the holder of the rights in question.


These Terms and Conditions of Use of the Website do not grant the User any other right to use, alter, exploit, reproduce, distribute or publicly communicate the Website and/or its contents except as expressly established herein. Any other use or exploitation of any of the rights shall be subject to prior, express authorisation specifically granted for said purpose by PAACK or the third-party holder of the affected rights.


Notwithstanding all of the above, if the User believes that any of the contents of the Website could violate intellectual and industrial property rights, we request to be notified of this as soon as possible, by means of an email sent to gdpr@paack.co.




 9. Applicable law and competent jurisdiction




Current legislation shall determine the laws and jurisdiction governing the relations between PAACK and the Website User.


This notwithstanding, in those cases in which said current legislation anticipates the possibility for the parties to subject themselves to a certain jurisdiction, PAACK and the User expressly waive any other jurisdiction that might correspond to them, and agree to be subject to Spanish legislation and to the Courts and Tribunals of Barcelona.




 10. Additional information on data protection




Personal data will be retained for as long as strictly necessary, until the end of the purpose for which they were collected, and as long as the cause that legitimised the processing of said personal data continues to exist. Once the cause that legitimised the processing has ceased to exist, the personal data will be retained, properly blocked, for the necessary period of time to comply with the legal statute of limitations in order to prevent any possible violations.


To exercise your rights, and to file a claim in the event that you believe that PAACK is processing your data improperly, please write to the email address gdpr@paack.co, attaching, in both cases, a photocopy of your National Identification or Foreigner’s Identification Document or any other equivalent proof of identity.




For more information about how we process your personal data, please consult our Privacy Policy.