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These terms of use (”Terms of Use“) describe the legally binding terms and conditions that monitor your use of the site https://bettercare.es (”Web site“). By logging into the Website, you are complying with these Terms of Use and you declare that you have the authority and capacity to sign these Terms of Use.
You must be at least 18 years old to access the Website. If you do not agree with all of the provisions of these terms, do not access and/or use the Website.
By using this Website, you acknowledge that you have read and agree to be bound by these Terms, including our Privacy Policy and Cookie Policy, which are incorporated by reference. If you do not want to accept these Terms of Use, you should not access or use the Website.
1.1. We are a company registered at C/ del Pare Sallarès, 153 — 08201 Sabadell (BCN) — SPAIN, and with Tax Identification Number B65294431 and registered in the Mercantile Registry of Barcelona, volume 41807 folio 0121, sheet no. 397626
1.2. You can send us any request through this email: bettercare@bettercare.es
2.1. The purpose of the Website is to provide general information about us and our Services and products and, as a result, it cannot be relied on for any purpose. We do not guarantee the accuracy, completeness, timeliness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We decline all responsibility derived from the trust that You or any other visitor to the Website places in such materials, or from any person who may be informed of any of their contents.
2.2. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other devices or equipment necessary for accessing and using the Website and all charges related thereto.
2.3. In addition to any other requirements set out in these Terms of Use, you must have Internet access and a device ready to use the Website. In this regard, you are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment necessary for accessing and using the Website, as well as all charges related thereto.
2.4. In particular, you can access the Website through a computer, mobile phone, tablet, console or other technology. Your carrier's normal rates and fees will apply to your device.
2.5. Access to the Website may not be legal for certain people or in certain countries. You are responsible for complying with any laws that you may be subject to.
3.1. The use of the Website will be limited to the indicated purpose. Consequently:
3.1.1. you will not sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Website;
3.1.2. You will not modify, make derivative works, disassemble, reverse compile, or reverse engineer any part of the Website;
3.1.3. You will not access the Website for the purpose of building a similar or competitive website; and;
3.1.4. Unless otherwise expressly stated, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, mailed or transmitted in any form or by any means, unless otherwise indicated; any future release, update or other addition to the functionality of the Website will be subject to these Terms of Use. All copyright and other proprietary notices on the Website must be retained on all copies of the Website.
4.1. If you order or request products or Services on the Website, additional terms will apply to the purchase and use of those products or Services. Therefore, the information contained on the Website will not be considered an offer of products or Services. Any budget or other price figures displayed on or downloaded from the Website will not constitute a binding commitment for BetterCare. We can accept or reject any order for products or services, at our sole discretion.
4.2. You agree that BetterCare will have no obligation to provide you with assistance in connection with the Website.
5.1. Excluding any user content you may provide, you are aware that all intellectual property rights, including copyrights, patents, trademarks and trade secrets, in the Site and its content are the property of BetterCare. Please note that these Terms of Use do not grant you any right, title or interest in any intellectual property right. BetterCare and its providers reserve all rights not granted in these Terms of Use.
5.2. Other users. Each user is solely responsible for each and every one of their own user content. Since we do not control user content, you acknowledge and agree that we are not responsible for any user content, whether provided by you or others. You agree that BetterCare will not be responsible for any loss or damage suffered as a result of such interactions. If a dispute occurs between you and any user of the Website, we have no obligation to get involved.
5.3. Subject to these Terms of Use, BetterCare grants you a non-transferable, non-exclusive, revocable and limited license to access the Website solely for your personal, non-commercial use.
6.1. The Website may contain links to third-party websites and services, and/or display third-party advertisements. Such third-party links and advertisements are not under the control of BetterCare, and BetterCare is not responsible for third-party links and advertisements.
6.2. BetterCare provides access to these third-party links and advertisements for your convenience only, and does not review, approve, monitor, endorse, guarantee, or make any representations regarding third-party links and advertisements. You use all third-party links and advertisements at your own risk, and you should apply an appropriate level of caution and discretion when doing so.
6.3. When you click on any of the third-party links and advertisements, the terms and policies of the third party in question apply, including the privacy and data collection practices of the third party.
7.1. The Website is provided “as is” and “as available”, and BetterCare expressly disclaims all warranties and conditions of any kind, whether express, implied or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy or non-infringement. We do not guarantee that the Website will meet your requirements, will be available on an uninterrupted, timely, secure or error-free basis, or that it is accurate, reliable, free of viruses or other harmful code, complete, legal or secure. If applicable law requires any warranty with respect to the site, all such warranties are limited to ninety (90) days from the date of first use.
7.2. We are not responsible for the content, data or actions of third parties, and you release us, our directors, officers, employees and agents from any claims and damages, known and unknown, that arise out of or are related in any way to any claim you have against any of those third parties. No advice or information, whether oral or written, obtained by you from us or through or from our Services creates any warranty not expressly stated in these Terms of Use.
7.3. Any material downloaded or otherwise obtained through the Website, or the server that makes it available, is done at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such materials, as we cannot guarantee that they are free of viruses, worms, trojans or other harmful components. You agree that we have no responsibility for the deletion or failure to store or transmit any content or communication maintained on the Website.
7.4. To the maximum extent permitted by law, in no event will BetterCare be liable to you or to third parties for any loss of profits, loss of data, costs of purchasing replacement products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising out of or related to these terms or your use or inability to use the Website, even if BetterCare has been advised of the possibility of such damages. Access and use of the website is at your own discretion and risk, and you will be solely responsible for any damage that occurs to your device or computer system, or for the loss of data that results from it.
8.1. To the fullest extent permitted by applicable law, you will compensate us, defend and hold us and our respective employees, officers, directors, contractors, consultants, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, past, present and future representatives, successors, successors and assigns from and against all claims, damages, liabilities, losses, costs and expenses (including attorneys' fees) arising out of or related to with (i) your access to the Website, including, but not limited to, products or Services other than those expressly authorized in these Terms of Use; (ii) your violation of these Terms of Use or applicable law; (iv) your use of information from the Website; or (v) any false statement made by you.
8.2. We reserve the right to assume the exclusive defense of any claim for which we are entitled to compensation under this clause. In such a case, you must provide us with the cooperation that is reasonably requested of you.
9.1. Notwithstanding the provisions of this Section, these Terms of Use will remain in full force and effect as long as you use the Website. We may modify, suspend or cancel your access to the Website (in whole or in part) at any time.
9.2. Upon the termination of your rights under these Terms of Use, your use of the Website will end immediately.
9.3. The Company will have no liability to you for any termination of your rights under these Terms of Use.
10.1. These Terms of Use are subject to occasional revisions, and if we make any material changes, we may notify you by sending you an email to the last email address you provided to us and/or by prominently posting notice of the changes on our Website.
10.2. You are responsible for providing us with your most recent email address. If the last email address you provided to us is not valid, our sending of the email containing that notification will, however, constitute effective notification of the changes described in the notification.
10.3. Any changes to these Terms of Use will take effect as soon as thirty (30) calendar days after we send you an email notification or thirty (30) calendar days after we post the notification of the changes on our Website. These changes will take effect immediately for new users of our Website. Your continued use of our Website following notification of such changes will indicate that you acknowledge such changes and that you agree to be bound by the terms and conditions of those changes.
10.4. Communications between you and BetterCare use electronic means, whether you use the Website or send us emails, or if BetterCare posts notices on the Website or communicates with you by email. For contractual purposes, you (a) consent to receiving communications from BetterCare electronically; and (b) you agree that all terms and conditions, agreements, notices, disclosures and other communications that BetterCare provides to you electronically satisfy any legal obligation that such communications would satisfy if they were in writing on paper.
10.5. BetterCare reserves the right to change, suspend or cease the Website with or without notice. You approve that BetterCare will not be liable to you or to third parties for any change, interruption or discontinuation of the Website or any part of it.
11.1. These Terms of Use constitute the entire agreement between you and us relating to the use of the Site.
11.2. If any provision of these Terms of Use is held to be invalid or unenforceable, the other provisions of these Terms will remain intact and the invalid or unenforceable provision will be deemed modified to be valid and enforceable to the fullest extent permitted by law.
The waiver or non-exercise by either party of their rights under these Terms of Use shall not be considered a waiver or limitation of any other right or any future right. Any waiver must be made in writing and must be expressly accepted by the accused party.
Your relationship with the Company is that of an independent contractor, and neither party is an agent or partner of the other.
14.1. These Terms and Conditions of Use, and your rights and obligations under them, may not be assigned, subcontracted, delegated or otherwise transferred by you without the prior written consent of BetterCare, and any attempted assignment, subcontracting, delegation or transfer that violates the foregoing will be null and void. BetterCare may freely assign these Terms of Use.
14.2. The terms and conditions set out in these Terms of Use will be binding on assignees.
15.1. These Terms of Use (including the Privacy Policy and the Cookie Policy) and your access and/or use of the Website will be governed and interpreted exclusively in accordance with the laws of Spain, without giving effect to any provision or rule of choice or conflict of laws.
15.2. Any dispute, controversy, question or claim arising from the execution or interpretation of the Terms of Use (including the Privacy Policy and the Cookies Policy), or related, directly or indirectly, to access or use of the Website will be resolved by the Courts and Tribunals of the city of Sabadell, Barcelona (Spain).
