1. INTRODUCTION
‘Newmarket MyUse’ (hereinafter, ‘the App’) is owned by CONTADORES DE AGUA DE ZARAGOZA (hereinafter, ‘CONTAZARA’), with tax identification number A-50096247, with registered office in Zaragoza, Ctr. Castellón, Km 5.500, and registered in the Zaragoza Mercantile Register, Volume 1271, Folio 141, Page Z-6593.
2. ACCEPTANCE OF TERMS.
These General Terms and Conditions of Use of the Service (hereinafter, the ‘Terms of Use’) govern your access to and use of the App.
Access to and use of the App grants you the status of user (hereinafter, ‘the User’) and implies that you have read the Terms of Use and expressly and voluntarily accept each and every one of the provisions set forth in these Terms of Use.
However, CONTAZARA reserves the right to introduce modifications to these Terms of Use, which will be communicated to Users for their acceptance by means of notices on the App or via email.
For any queries related to the Terms of Use, you can contact CONTAZARA via the following email address: czlopd@contazara.es
3. SERVICE DESCRIPTION
The purpose of the App is to display information on the User's water consumption, obtained from the available water meter readings.
In order to use the App, your service provider must provide CONTAZARA, with the User's prior consent, with your personal data, so that CONTAZARA can send you your access credentials.
In this regard, for the purposes of these terms and conditions, service provider may be, by way of example and without limitation, the natural or legal person responsible for providing services such as water supply, meter installation, community administration, etc. (hereinafter, the ‘Service Provider’), provided that it is the one responsible for collecting the User's personal data for the purposes of using the App.
4. CONDITIONS OF ACCESIBILITY AND USE OF THE APPLICATION.
4.1. Use of the App. The User undertakes to use the App in accordance with the Law and with these Terms of Use, refraining from unlawful conduct or conduct contrary to the Terms of Use.
4.2. Free access to and/or use of the App. CONTAZARA will not charge the User any amount for access to and use of the App. Notwithstanding the foregoing, the User must have access and connection to the Internet and the necessary equipment and electronic systems to be able to connect to the Internet and access the App.
4.3. Access to the App. Correct access to and use of the App may involve downloading certain necessary computer elements to your device. The User is solely responsible for the installation of the aforementioned elements, excluding any type of liability on the part of CONTAZARA.
4.4. User Registration. In order to use the App, the User must register in advance, for which their Service Provider will provide CONTAZARA, with the User's prior consent, with their name and surname and email address, so that CONTAZARA can send them the access credentials. CONTAZARA reserves the right to deny or withdraw access to the App, at any time and without prior notice to Users who breach these Terms of Use.
4.5. Password and security. The User, once he/she has received the access credentials, is responsible for maintaining the confidentiality of the same, as well as the activities that occur under his/her account. The User undertakes to notify CONTAZARA by e-mail at czlopd@contazara.es of any unauthorised use of his/her password or account or any other security breaches.
4.6. App Alerts. The App may provide you with alerts, including those relating to changes in the terms of service. The User may configure notifications and alerts at any time by going to the Settings section.
4.7. Truthfulness of the information. All information provided by the User must be truthful. Likewise, it shall be the User's responsibility to keep all information duly updated so that it corresponds, at all times, to the User's real situation. The User shall be solely responsible for any false, inaccurate, fraudulent and/or illegal information provided and for any damages that this may cause.
4.8. Termination of the Service and/or Uninstallation of the App. The uninstallation of the App does not imply the automatic elimination of the information that CONTAZARA has about the User. If you wish to remove the information available on the App, you must formalise your request by sending an email to czlopd@contazara.es.
Likewise, in the event that CONTAZARA withdraws access to the App, this will not imply the automatic removal of the information available to the User, so the request must be formalised by email to czlopd@contazara.es.
4.9. Modifications to the App. CONTAZARA reserves the right to update, modify or delete the information contained in the App, and may even limit or deny access to said information. It also reserves the right to suspend, temporarily or permanently, the Service (or any part thereof) with or without notice.
5. MINORS
The nature of the contents of the App and the Service provided through the same are aimed at Users over 18 years of age, and therefore access and use by Users under this age is expressly prohibited.
6. INTELLECTUAL PROPERTY
The App and its content, as well as the brands and other distinctive signs present in the App, are the exclusive property of CONTAZARA, and the User does not acquire any rights over them by the mere use of the App. This ownership extends to all intellectual, industrial or any other type of property rights relating to the software (the App), including, among others, the rights of reproduction, distribution, public communication, availability and transformation of the software and any of its elements, including, but not limited to, the source code, object code, technical documentation, images, texts, etc., as well as any other element related to or derived from these.
No intellectual, industrial or any other type of property rights relating to the App or any other element owned by CONTAZARA will be understood to be assigned in favour of the User, beyond the right to the temporary and free use of the App under the terms established in these Terms of Use. The validity of the right to use the App will last for 5 years, which may be automatically extended for equal periods, unless either party communicates its wish not to extend it. If the User does not wish to extend the right to use the App, he/she must communicate this by email to czlopd@contazara.es. For its part, CONTAZARA will make this communication by means of a notice through the App.
7. DISCLAIMER AND LIMITATION OF LIABILITY
Unless otherwise expressly determined by law, or expressly stated otherwise, the User expressly acknowledges and accepts that CONTAZARA does not grant any warranty of any nature, whether express or implied, on the App and the Service offered therein, including, but not limited to:
- the continuity of the content and/or the App Service;
- the information provided through the App
- the absence of errors in the contents and/or the App Service;
- the absence of viruses and/or other harmful components in the App or in the server that provides it;
- the invulnerability of the App and/or the impregnability of the security measures adopted therein;
- the lack of usefulness or performance of the content and/or the App Service;
- any damage or harm caused, to themselves or to a third party, by any person who infringes the conditions, rules and instructions governing the use of the App or through the violation of the App's security systems.
Nevertheless, CONTAZARA declares that it has adopted all necessary measures, within its possibilities and the state of technology, to guarantee the functioning of the App and to avoid the existence and transmission of viruses and other harmful components to Users.
8. DATA PROTECTION POLICY
The processing of personal data carried out through the App shall be governed by the provisions of the Privacy Policy, which all Users must expressly accept in order to use the App.
9. NOTIFICATION OF INFRINGEMENTS
In the event that any User or third party considers that there are facts or circumstances that reveal the illicit nature of the use of any content or service of the App, he/she may contact CONTAZARA by email at czlopd@contazara.es.
10. APPLICABLE LAW AND COMPETENT JURISDICTION
All issues that may arise from access and/or use of the App will be understood to be regulated and interpreted in accordance with Spanish law. Therefore, the User, expressly waiving any other jurisdiction that may correspond to him/her, will submit to the Courts and Tribunals of the city of Zaragoza for any controversy and/or litigation.
