LEGAL NOTICE AND GENERAL TERMS AND CONDITIONS OF USE

I. GENERAL INFORMATION

In compliance with the duty of information set out in Law 34/2002 of July 11 on Information Society Services and Electronic Commerce (LSSI-CE), the following general information about this website is provided below:

This website, besmartroof.es (hereinafter, the Website), is owned by: Besmartroof SL., holder of Tax ID (NIF): B19844901 and registered in: Pontevedra, represented by: David Rodríguez González, with the following contact details:

Address: Calle Padre Don Rua nº8. Bajo Vigo (36203), Pontevedra

Contact phone: 986 421 571

Contact email: info@besmartroof.es

II. GENERAL TERMS AND CONDITIONS OF USE

Purpose of the terms and conditions: The Website

The purpose of these General Terms and Conditions of Use (hereinafter, the Terms and Conditions) is to regulate access to and use of the Website. For the purposes of these Terms and Conditions, the Website shall be understood as: the external appearance of the screen interfaces, both in static and dynamic form, i.e., the navigation tree; and all elements integrated into both the screen interfaces and the navigation tree (hereinafter, the Content), as well as any online services or resources that may be offered to Users (hereinafter, the Services).

Be Smart Roof reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and of the Content and Services that may be incorporated therein. The User acknowledges and accepts that Be Smart Roof may at any time interrupt, deactivate and/or cancel any of these elements integrated into the Website or access to them.

Access to the Website by the User is free and, as a general rule, is provided at no cost, without the User having to provide any consideration in order to enjoy it, except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.

In addition to the cost of connection through the telecommunications network supplied by the access provider contracted by the User, some of the Content or Services offered by Be Smart Roof or, where applicable, third parties through the Website may be subject to prior contracting of the Content or Service, in which case the corresponding General or Specific Terms and Conditions governing it will be clearly specified and/or made available to the User.

Use of some of the Website’s Content or Services may require prior subscription or registration by the User.

Use of the Content does not require any prior subscription or registration.

The User

Access to, browsing and use of the Website, as well as the spaces enabled for interaction between Users, and between the User and Be Smart Roof, such as comments and/or blogging spaces, confers the status of User, and therefore all the Terms and Conditions set out herein, as well as any subsequent amendments, are accepted from the moment browsing of the Website begins, without prejudice to the application of the corresponding mandatory legal regulations as applicable. Given the importance of the foregoing, Users are advised to read them each time they visit the Website.

The Be Smart Roof Website provides a wide variety of information, services and data. The User assumes responsibility for making proper use of the Website. This responsibility shall extend to:

• Using the information, Content and/or Services and data offered by Be Smart Roof in a manner that is not contrary to these Terms and Conditions, the law, morality or public order, or that may otherwise infringe the rights of third parties or the operation of the Website itself.
• The truthfulness and legality of the information provided by the User in the forms issued by Be Smart Roof to access certain Content or Services offered by the Website. In any case, the User shall immediately notify Be Smart Roof of any event that allows improper use of the information recorded in such forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed with their immediate cancellation.

Be Smart Roof reserves the right to remove any comments and contributions that violate the law, respect for human dignity, that are discriminatory, xenophobic, racist, pornographic, spam, that threaten youth or children, public order or public safety, or that, in its judgment, are not suitable for publication.

In any case, Be Smart Roof shall not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.

Mere access to this Website does not imply entering into any kind of commercial relationship between Be Smart Roof and the User.

The User declares that they are of legal age and have sufficient legal capacity to be bound by these Terms and Conditions. Therefore, this Be Smart Roof Website is not intended for minors. Be Smart Roof declines any responsibility for non-compliance with this requirement.

In compliance with current legislation, this Be Smart Roof Website is intended for all persons, regardless of age, who can access and/or browse the pages of the Website.

The Website is primarily intended for Users residing in Spain. Be Smart Roof does not guarantee that the Website complies with the laws of other countries, either in whole or in part. If the User resides or is domiciled elsewhere and decides to access and/or browse the Website, they do so at their own responsibility and must ensure that such access and browsing complies with the applicable local legislation, and Be Smart Roof assumes no liability that may arise from such access.

III. ACCESS TO AND BROWSING OF THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY

Be Smart Roof does not guarantee the continuity, availability or usefulness of the Website, nor of the Content or Services. Be Smart Roof will do everything possible to ensure the proper functioning of the Website; however, it neither accepts responsibility nor guarantees that access to this Website will be uninterrupted or error-free.

Nor does it accept responsibility or guarantee that the content or software that may be accessed through this Website is error-free or will not cause damage to the User’s computer system (software and hardware). Under no circumstances shall Be Smart Roof be liable for any losses, damages or harm of any kind arising from access to, browsing and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

Be Smart Roof is also not responsible for any damage that may be caused to users by improper use of this Website. In particular, it is not responsible in any way for outages, interruptions, or telecommunications failures or defects that may occur.

IV. LINKS POLICY

Users are informed that the Be Smart Roof Website provides or may provide Users with linking means (including, among others, links, banners, buttons), directories and search engines that allow Users to access websites belonging to and/or managed by third parties.

The installation of these links, directories and search engines on the Website is intended to facilitate Users’ search for and access to information available on the Internet, and may not be considered a suggestion, recommendation or invitation to visit them.

Be Smart Roof does not offer or market, either directly or through third parties, the products and/or services available on such linked sites.

Be Smart Roof offers sponsored content, advertisements and/or affiliate links. The information appearing in these affiliate links or inserted advertisements is provided by the advertisers themselves; therefore, Be Smart Roof is not responsible for any inaccuracies or errors that the advertisements may contain, nor does it guarantee in any way the experience, integrity or responsibility of the advertisers or the quality of their products and/or services.

Likewise, it does not guarantee the technical availability, accuracy, truthfulness, validity or legality of sites not owned by it that may be accessed through the links.

Be Smart Roof shall in no case review or control the content of other websites, nor does it approve, examine or adopt as its own the products and services, content, files and any other material existing on the aforementioned linked sites.

Be Smart Roof assumes no liability for any damages or losses that may arise from access to, use of, quality of or legality of the content, communications, opinions, products and services of websites not managed by Be Smart Roof and that are linked on this Website.

The User or third party who creates a hyperlink from a web page of another, different, website to the Be Smart Roof Website should be aware that:

Reproduction—either in whole or in part—of any of the Website’s Content and/or Services is not permitted without the express authorization of Be Smart Roof.

No false, inaccurate or incorrect statement about the Be Smart Roof Website, nor about its Content and/or Services, is permitted.

Except for the hyperlink, the website on which such hyperlink is established shall not contain any element from this Website protected as intellectual property under Spanish law, unless expressly authorized by Be Smart Roof.

The establishment of the hyperlink shall not imply the existence of any relationship between Be Smart Roof and the owner of the website from which it is made, nor the knowledge and acceptance by Be Smart Roof of the content, services and/or activities offered on said website, and vice versa.

V. INTELLECTUAL AND INDUSTRIAL PROPERTY

Be Smart Roof, either itself or as an assignee, is the owner of all intellectual and industrial property rights to the Website, as well as to the elements contained therein (by way of example and not limitation: images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). Accordingly, they are works protected as intellectual property under Spanish law, and both Spanish and EU regulations in this field, as well as the international treaties related to the matter signed by Spain, shall apply to them.

All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including making available, of all or part of the content of this website, for commercial purposes, on any medium and by any technical means, are expressly prohibited without the authorization of Be Smart Roof.

The User undertakes to respect the intellectual and industrial property rights of Be Smart Roof. Users may view the elements of the Website or even print, copy and store them on their computer’s hard drive or any other physical medium, provided that this is exclusively for their personal use. The User, however, may not delete, alter or manipulate any protection device or security system installed on the Website.

If the User or a third party considers that any of the Website Content constitutes a violation of intellectual property protection rights, they must immediately notify Be Smart Roof using the contact details in the GENERAL INFORMATION section of this Legal Notice and General Terms and Conditions of Use.

VI. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

Be Smart Roof reserves the right to bring any civil or criminal actions it deems necessary due to improper use of the Website and Content, or due to breach of these Terms and Conditions.

The relationship between the User and Be Smart Roof shall be governed by the regulations in force and applicable in Spanish territory. Should any dispute arise in relation to the interpretation and/or application of these Terms and Conditions, the parties shall submit their conflicts to the ordinary jurisdiction, submitting to the judges and courts that correspond in accordance with the law.