Terms of use
These terms of use (“Terms of Use”) describe the legally binding terms and conditions that oversee your use of the site https://bettercare.es (“Website”). By logging into the Website, you are being compliant that these Terms of Use and you represent that you have the authority and capacity to enter into these Terms of Use.
You should be at least 18 years of age to access the Website. If you disagree with all of the provision of these terms, do not log into 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 Cookies Policy, which are hereby incorporated by reference. If you do not want to agree to these Term and Use, you must not access or use the Website.
1. Contact Information
1.1. We are a company registered in calle Xaloc, 6, Sabadell, Barcelona (Spain), and with Tax Identification Number B65294431and filed with the Companies Registry of Barcelona, under volume 41807 sheet 0121, page no. 397626
1.2. You can send any request to us through this email: bettercare@bettercare.es
2. Use of Website and accessibility
2.1. The purpose of the Website is to provide general information about us and our Services and products and, accordingly, cannot be relied upon it for any purpose. We do not warrant the accuracy, completeness, timeliness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.
2.2. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other devices or equipment needed for access to and use of the Website and all charges related to the same.
2.3. In addition to any other requirements set forth in these Terms of Use, it is necessary to have internet access and ready device to use the Website. In this regard, you are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for the access and use of the Website and all charges related to the same.
2.4. In particular, you may access the Website through a computer, mobile phone, tablet, console, or other technology. Your carrier’s normal rates and fees apply to your device.
2.5. Access to the Website may not be legal by certain persons or in certain countries. You shall be the one responsible for compliance with the laws that you may be subject to.
3. Access and use restrictions of the Website
3.1. The use of the Website shall be restricted to the stated purpose. Accordingly:
3.1.1. you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website;
3.1.2. You shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website;
3.1.3. You shall not access the Website in order to build a similar or competitive website; and;
3.1.4. Except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Term of Use. All copyright and other proprietary notices on the Website must be retained on all copies thereof.
4. Services
4.1. If you order or request products or Services on the Website, additional terms apply to the purchase and to the use of those products or Services. For that reason, the information contained on the Website shall not be considered an offer for goods or Services. Any quotes or other pricing figures displayed on or downloaded from the Website shall not be a binding commitment on BetterCare. We may accept or reject any order for products or services, in our sole discretion.
4.2. You agree that BetterCare will have no obligation to provide you with any support in connection with the Website.
5. Content and Intellectual Property
5.1. Excluding any user content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by BetterCare. Note that these Terms of Use do not give you any rights, title or interest in or to any intellectual property rights. BetterCare and its suppliers reserve all rights not granted in these Terms of Use.
5.2. Other Users. Each user is solely responsible for any and all of its own user content. Because we do not control user content, you acknowledge and agree that we are not responsible for any user content, whether provided by you or by others. You agree that BetterCare will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Website user, we are under no obligation to become involved.
5.3. Subject to these Terms and Use, BetterCare grants you a non-transferable, non-exclusive, revocable, limited license to access the Website solely for your own personal and non-commercial use.
6. Third-party links & ads
6.1. The Website may contain links to third-party websites and services, and/or display advertisements for third-parties. Such third-party links & ads are not under the control of BetterCare, and BetterCare is not responsible for any third-party links & ads.
6.2. BetterCare provides access to these third-party links & ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links & ads. You use all third-party links & ads at your own risk, and should apply a suitable level of caution and discretion in doing so.
6.3. When you click on any of the third-party links & ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
7. Disclaimer and limitation of liability
7.1. The Website is provided on an “as-is” and “as available” basis, and BetterCare expressly disclaims any and 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 make not guarantee that the Website will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration 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, arising out of or in any way connected with any claim you have against any such 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 will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material, as we cannot guarantee that they are free of viruses, worms, trojan horses or other harmful components. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained in the Website.
7.4. To the maximum extent permitted by law, in no event shall BetterCare be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the Website even if BetterCare has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
8. Indemnification
8.1. To the fullest extent permitted by applicable law, you will indemnify, defend and hold us harmless and our respective past, present and future employees, officers, directors, contractors, consultants, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns from and against all claims, damages, liabilities, losses, costs and expenses (including attorneys’ fees) that arise from or relate to (i) your access to the Website, including, but not limited to, products or Services other than as expressly authorized in these Terms of Use; (ii) violation of these Terms of Use or of the applicable law by you; (iv) use of information from the Website by you; or (v) any misrepresentation made by you.
8.2. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this clause. In such event, you shall provide us with such cooperation as is reasonably requested.
9. Term and Termination
9.1. Subject to this Section, these Terms of Use will remain in full force and effect while you use the Website. We may modify, suspend or terminate your access to the Website (in whole or in part) at any time.
9.2. Upon termination of your rights under these Term of Use, the use of the Website will terminate immediately.
9.3. Company will not have any liability whatsoever to you for any termination of your rights under these Terms of Use.
10. General
10.1. These Terms of Use are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail 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 current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.
10.3. Any changes to these Terms of Use will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our Website. Continued use of our Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
10.4. The communications between you and BetterCare use electronic means, whether you use the Website or send us emails, or whether BetterCare posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from BetterCare in an electronic form; and (b) 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 it were be in a hard copy writing.
10.5. BetterCare reserves the right to change, suspend, or cease the Website with or without notice to you. You approved that BetterCare will not be held liable to you or any third-party for any change, interruption, or termination of the Website or any part.
11. Entire Terms and severability
11.1. These Terms of Use constitute the entire agreement between you and us regarding the use of the Site.
11.2. If any provision of these Terms and Use is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
12. Waiver of rights
The waiver or failure of any party to exercise rights under these Terms and Use will not be deemed a waiver or other limitation of any other right or any future right. Any waiver must be in writing and expressly accepted by the party to be charged therewith.
13. Independent contractors
Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.
14. Assignment
14.1. These Terms and Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without BetterCare’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. BetterCare may freely assign these Terms and Use.
14.2. The terms and conditions set forth in these Terms and Use shall be binding upon assignees.
15. Governing Law and Jurisdiction
15.1. These Terms and Use (including Privacy Policy and Cookies Policy) and your access to, and/or use of the Website shall be governed by and construed exclusively in accordance with the laws of Spain, without giving effect to any choice or conflict of law provision or rule.
15.2. Any and all dispute, controversy, issue or claim arising out of the performance or interpretation of the Terms and Use (including Privacy Policy and Cookies Policy), or related, directly or indirectly, to the access or use of the Website shall be settled by the Courts of the city of Sabadell, Barcelona (Spain).