Gloogs Marketing SL
Local 9-10 Calle Llaut 23
07610 Playa de Palma
TaxId / VAT: ESB09725813
1.- Ownership of the Application
In accordance with the provisions of Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (hereinafter, "LSSI"), we inform you that the MOBILITY application (hereinafter, the "Application") is owned by Gloogs Marketing SL (hereinafter, "Gloogs Mobility"), with registered office at Calle Llaut, 23, Centro Comercial Riu Center, Local B, 07610, Palma de Mallorca, Spain, CIF B09725813, and is registered in the Companies Register of the Balearic Islands, Tomo: 2936, Folio: 141, Section: 8, Register Sheet: 93127, Inscription: 1.
2.- Use of the Application
This Legal Notice (hereinafter, "Legal Notice"), establishes the conditions that regulate the use of the services of the information society that "Gloogs Mobility" makes available to users of the Application. Thus, access to and use of the Application implies that the user of the Application (hereinafter, the "User") accepts in its entirety and undertakes to comply fully with this Legal Notice as well as any instructions or recommendations indicated in each specific case.
Downloading the Application is free of charge, except for the cost of connection through the data network supplied by the access provider contracted by the User. Such free use is limited to the use of the Application within the framework of a single work project and limited to the creation of drafts.
"Gloogs Mobility" reserves the right to modify and update this Legal Notice at any time, and we therefore recommend that you read it before accessing and browsing the Application. Without prejudice to the foregoing, "Gloogs Mobility" will inform its users of the changes made by e-mail. If the User does not consent to the changes, he/she must unsubscribe with his/her user name and password on the website www.gloogs.com/mobility.
The User undertakes not to use the Application for fraudulent purposes, as well as not to carry out any conduct that could damage the image, interests and rights of "Gloogs Mobility" or third parties, and undertakes to use the Application, the services and the contents included therein in a diligent manner, and, in particular, undertakes to refrain from deleting, evading or manipulating the copyright and other data identifying the rights of the owners incorporated into the contents, as well as technical protection devices, or any information mechanisms that may be contained in the contents.
"Gloogs Mobility reserves the right to decide, at any time, on the continuity of the services provided through the Application.
In order to enjoy the services and contents of the Application, it is necessary to register as a User beforehand, for which it is also necessary to fill in and send the corresponding data collection form provided for this purpose through the Application.
By sending the form, you accept this Legal Notice and all of its contents.
During the registration process as a User, you will be asked for the following mandatory information, which will be processed by "Gloogs Mobility" under the terms established in the sixth clause of this Legal Notice:
- E-mail address;
- User name;
The User shall be responsible for the custody and secrecy of his/her password, which is personal and non-transferable, and must not provide it to any third party. In the event that you suspect that your password has become known to a third party, you must immediately proceed to change it through the app in the Password Change Settings.
4. Intellectual and industrial property
The intellectual property rights over the layout of the contents of the Application (including the sui generis right over the database), its graphic design (look & feel), the distinctive signs (trademarks and trade names), the underlying programs (including the source codes), as well as the different elements that make up the Application (texts, graphics, photographs, videos, sound recordings, etc.) belong to "Gloogs Mobility". ) belong to "Gloogs Mobility" or, where applicable, it has the right to use and exploit them and, as such, they constitute works protected by the intellectual and industrial property legislation in force.
By accepting this Legal Notice, the User is granted a non-exclusive, non-transferable and non-assignable licence to use the Application.
The use of the Application by the User in no way implies the transfer of any intellectual and/or industrial property rights over the Application, its contents and/or the distinctive signs of "Gloogs Mobility". To this effect, by means of this Legal Notice, except in those cases in which it is legally permitted, the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting and/or reusing the Application, its contents and/or the distinctive signs of "Gloogs Mobility".
The reproduction of elements or contents of the Application for profit or commercial purposes is expressly and strictly prohibited.
"Gloogs Mobility warrants that it has the right to license the use of the Application to the User. The only possible remedy for breach of this warranty is set out in Article 7 (Indemnification).
"Gloogs Mobility warrants that each production version of the Application will substantially conform to the description made by Gloogs Mobility or presented by Gloogs Mobility to the User. As its sole remedy for breach of these warranties, "Gloogs Mobility" shall have the option to: (a) repair the Application; (b) replace the Application; or (c) terminate the licence to use the Application and refund, if applicable, any fees paid by the User for the Application.
"GLOOGS MOBILITY AND ITS LICENSORS MAKE NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE EXTENT PERMITTED BY LAW, "GLOOGS MOBILITY" AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE APPLICATION WILL CONFORM, COMPLY OR CONFORM TO ANY LAWS, RULES, REGULATIONS, REQUIREMENTS AND GUIDELINES ESTABLISHED BY ANY ADMINISTRATIVE OR GOVERNMENTAL BODY. NOTHING IN THIS PARAGRAPH IS IN LIEU OF ANY EXPRESS WARRANTIES "GLOOGS MOBILITY" MAKES UNDER THIS LEGAL NOTICE.
"Gloogs Mobility may from time to time make available new versions, updates and correcting code, and the User agrees to make all reasonable efforts to install them. During the ongoing development of the Application, "Gloogs Mobility" may add, change or delete specific functionalities or components in new versions. Such modifications to the Application shall be subject to this Legal Notice.
6.- Limitation of Liability
The User acknowledges and accepts that the use of the Application is at all times at the User's sole risk and responsibility, and therefore "Gloogs Mobility" shall not be liable for any misuse or improper use of the Application. In this regard, "Gloogs Mobility" is exempt from any liability with respect to the content that the User includes in the Application, this being a tool that is made available to the User as it has been configured, the User being responsible not only for the use that is made of the Application, but also for the mere fact of using it.
Likewise, "Gloogs Mobility" does not guarantee the availability, continuity or infallibility of the operation of the Application and, consequently, excludes, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Application.
"Gloogs Mobility" declines all responsibility for computer damage or any other type of damage that may be caused to the visiting User when accessing the contents of the Application. Therefore, "Gloogs Mobility" does not guarantee the absence of viruses or other harmful elements that may cause damage or alterations to the computer system, electronic documents or files of the User or third parties.
NEITHER "GLOOGS MOBILITY" NOR ITS LICENSORS SHALL BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES OR LOST DATA, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, NEITHER "GLOOGS MOBILITY" NOR ITS LICENSORS SHALL BE LIABLE FOR ANY CLAIMS AGAINST THE USER BY THIRD PARTIES RELATING TO THE USE OF THE APPLICATION, EXCEPT AS SET OUT IN ARTICLE 7 (INDEMNIFICATION).
This Article does not apply in the following cases:
(i) personal injury and death;
(ii) liabilities arising as a result of wilful misconduct, gross negligence, or torts;
(iii) Gloogs Mobility's obligations to indemnify under Article 7 below;
(iv) infringement by either party of the intellectual property rights of the other.
If any damage has been caused by negligence, the liability of "Gloogs Mobility" shall be limited to the damage that was typical and foreseeable at the time the User downloaded the Application or, if applicable, purchased a licence for additional content.
The liability of "Gloogs Mobility" shall be reduced if the User has contributed to the damage by any culpable act or omission in the proportion to which such culpable act or omission of the User has contributed to such damage.
The User agrees to immediately notify "Gloogs Mobility" in writing of any claim brought against the User relating to: (a) infringement of copyright, patent, trade secret or other intellectual property rights in connection with the App; or (b) bodily injury, death or damage to property, excluding damage to data or software, arising solely from actions for which "Gloogs Mobility" is legally responsible for the configuration of the App. Furthermore, the User agrees to take all actions necessary to enable "Gloogs Mobility" to control the litigation or settlement of such claim to the fullest extent permitted by law and to cooperate with "Gloogs Mobility" in the investigation, defence and out-of-court negotiation of such claim.
In the event that the User complies with this Article, "Gloogs Mobility" shall indemnify the User for such claim to the extent that the damage arises directly from the negligence of "Gloogs Mobility" in the development of the Application and not from the User's use of the Application. In such event, "Gloogs Mobility" shall indemnify the User by paying the costs of litigation and reasonable attorneys' fees incurred by the User at the direction of "Gloogs Mobility", as well as any amounts resulting from a judgment, if any, rendered against the User or an out-of-court settlement approved by "Gloogs Mobility". The User may participate at his own expense. If a claim as referred to in (a) above arises or, in the opinion of "Gloogs Mobility", is likely to arise, "Gloogs Mobility" shall have the option of: (1) modifying the Application; (2) obtaining rights for the User to continue using the Application; or (3) terminating the use of the Application and refunding, if applicable, the price paid for the use of the Application.
This indemnification obligation shall not apply in the following cases: (i) if the claim arises from the User's combination of the Application with other software, or modification of the software of the Application, if such claim would not have arisen but for the combination or modification made by the User; or (ii) if the claim is based on a use of the Application and not on the development of the Application by "Gloogs Mobility"; or (iii) if, on the date on which the complaint was made, the User had not installed the latest version or update of the Application as instructed by "Gloogs Mobility" at an earlier date, provided that the complaint would not have arisen if the update or latest version had been installed.
8.- Protection of Personal Data
We inform you that the personal data that you provide when you register with the Application, as well as those that you provide as a result of using the Application (hereinafter for the purposes of this condition the "Data") will be included in a file under the responsibility of "Gloogs Mobility", duly registered in the General Register of the Spanish Data Protection Agency.
The Data will be processed for the following purposes:
- To manage your registration as a User;
- To maintain, develop, control and improve the relationship that the User establishes with "Gloogs Mobility".
- To facilitate access to the contents and services of the Application.
All the data included in the Registration form are compulsory and must be filled in by the interested parties. Failure to complete any of them prevents the processing of your registration as a User.
You may exercise your rights of access, rectification, cancellation or opposition by sending a communication, including a copy of your ID card or other official document proving your identity, to the following email address that "Gloogs Mobility" makes available to users of the application.
The use of the Application is governed by and construed in accordance with Spanish law and it is understood that, by using the Application, the User agrees that any conflict or dispute arising between you and us will be dealt with exclusively by the courts and tribunals of the judicial district of Palma de Mallorca.
In the event that any of the provisions contained in this Legal Notice is declared null and void, it will be withdrawn or replaced by another provision with a similar purpose to the one being replaced. In any case, such declaration of nullity shall not affect the validity of the rest of the provisions contained in this Legal Notice.
In accordance with article 3 of the LSSI, the laws applicable to the information society services that "Gloogs Mobility" provides through the Application shall be those of the Kingdom of Spain.