1. Legal Information - Acceptance of these conditions
These Conditions of Use govern access to and use of the service of the Lostproof.eu website (hereinafter, the "Website") that BOGMAR CANARIAS S.L. makes available to Internet users interested in its services and contents (hereinafter, the "Users").
The purpose of the Website is the marketing of consumer products.
LOSTPROOF may change at any time without prior notice, the design, presentation and/or configuration of the Website, as well as some or all of the services offered up to that time and add new ones.
The use of certain services offered to Users through the Website may be subject to specific conditions which, depending on the case, replace, complete and/or modify these General Conditions of Use. Therefore, prior to the use of these services, the User must read carefully and also accept the corresponding specific conditions.
2. Conditions of access and use of the Website.
a. Obligation of correct use of services and contents.
The User undertakes to make diligent use of this Website, subject to the law, to the good customs, these Conditions of Use and, in each specific case, its particular conditions.
Any use other than for the purpose of this Website is expressly prohibited. In this sense, the User will renounce to use any of the materials and information contained in this Web Site for illicit purposes and those expressly prohibited in these General Conditions of Use, as well as in the particular conditions that, in their specific case, are enabled. LOSTPROOF, its members and/or third parties shall be liable to LOSTPROOF, its members and/or any third parties in the event of contravening or failing to comply with these obligations and/or in any way (including the introduction or dissemination of "computer viruses"), damaging, disabling, overloading, deteriorating or preventing the normal use of the contents and information included on the Website, the information systems or the documents, files and all kinds of contents stored on any computer equipment of LOSTPROOOF or of any other User of the Website.
In particular, and for information purposes only and not exhaustive, users undertake not to capture data or content for advertising purposes, and not to transmit or disseminate through this Website messages, images, photographs, software, data or content: in any way contravene or infringe fundamental rights recognised by the legal system; induce, incite or promote criminal, slanderous, defamatory, infamous, violent, discriminatory actions based on sex, race, religion or ideology, or, in general, are contrary to the law, morality or public order; are false, ambiguous, inaccurate, obscene or extemporaneous; are protected by any intellectual or industrial property rights belonging to third parties, except with the prior and sufficient authorization of their legitimate owner; infringe or may infringe the right to honour, personal privacy, the image of third parties or infringe the regulations on the secrecy or confidentiality of communications; constitute illegal, misleading or unfair advertising; contain viruses, Trojan horses or any other material or program that may damage or alter the operation of computer equipment or systems.
b. User Registration.
LOSTPROOF, conditions the use of some of the services to the prior completion of the corresponding User registration, which is available, for those who wish to register, indicating a valid email address. The password will be generated and sent automatically by the system. The User undertakes to keep it and to use it with due diligence. LOSTPROOF will assign the identifier selected by the user as long as it has not been previously selected by another User. The use of the password is personal and non-transferable, and it may not be transferred, even temporarily, to third parties. In this sense, the User must adopt the necessary measures for the custody of the password selected by him/her, avoiding the use of the same by third parties. Consequently, the User is solely responsible for the use of his/her password, with complete immunity for LOSTPROOF.
User registration is free of charge.
The aforementioned registration will be made in the manner expressly indicated in the service itself or in the Conditions of Use that, where applicable, regulate it.
c. Accuracy of user information.
All information provided by the User through the services must be truthful. To this end, the User guarantees the authenticity of all data provided by him/her as a result of filling in the forms required to subscribe to the Services. Likewise, it will be the User's responsibility to keep all the information provided to LOSTPROOF permanently updated so that it responds, at all times, to the User's real situation. In any event, the User shall be solely responsible for any false or inaccurate statements made and for any damage caused to LOSTPROOF or third parties by the information provided.
In accordance with the "anti-spam" policy of LOSTPROOF, the User undertakes to refrain from using and collecting data from distribution lists that can be accessed through the information and services contained on the Website for promotional or advertising purposes, as well as from sending commercial communications of any kind and through any medium not requested or previously consented to by LOSTPROOF and/or the interested parties.
The User who intentionally or culpably fails to comply with any of the foregoing obligations shall be liable for all damages caused.
d. Access restriction:
LOSTPROOF reserves the unilateral right to deny access to this Website to those users who do not comply with the current Conditions of Use, and this without the need for prior notice or justification.
3. Exclusion of guarantees and liability.
a. For the contents
Information: the information on this website is provided "as is" without any guarantee as to its accuracy or up-to-dateness. Consequently, LOSTPROOF is not responsible for any possible damages that may be caused by the use of the same.
Errors: In relation to the above, published documents may contain unwanted technical inconsistencies or unintentional typographical errors, for which LOSTPROOF is not responsible. In any case, the owner of this Web Site apologizes for these possible errors and undertakes to correct them as soon as possible, and welcomes any comments, corrections or suggestions in this regard, which the user can send to email@example.com. This e-mail address is being protected from spam bots.
Minors: LOSTPROOF is not responsible for the possible prejudices that the use of the services by minors may cause. Parents and legal guardians shall be held responsible for all acts performed by minors in their care.
b. For the functioning of the Website.
LOSTPROOF also does not guarantee the availability, continuity or infallibility of the functioning of the Website, and therefore, to the maximum extent permitted by current legislation, it excludes any liability for damages of any kind that may be due to the lack of availability or continuity of the functioning of the Website and the services provided therein, as well as for errors in access to the different Web pages or to those from which, where appropriate, such services are provided.
c. By using the virtual POS payment system.
LOSTPROOF informs users who decide to use the POS (Point of Sale) payment system, which allows them to make a purchase simply by using their own credit card and validating the online transaction, that they are in a secure environment, since, once the card number has been entered by the user, a connection is established to the Secure Server, which is responsible for authorising the payment, after checking the validity of the card and the existence of funds.
However, users should be aware that the credit card is for the exclusive use of the cardholder and its custody and proper use are their sole responsibility. LOSTPROOF will not be liable for any damages that the user or third parties may incur as a result of other people using their credit card, with or without the user's consent or knowledge.
a. Terms and conditions of linking to this Website.
Persons or entities that intend to create or create a link from a web page of another Internet portal to any of the pages of the LOSTPROOF Website must comply with the following conditions: Any link to the Lostproof.euse website shall be made to its home page and with the express prior consent of LOSTPROOF. No frames, deep-links or image links shall be established with the pages of the Lostproof.eus without the express prior authorisation of LOSTPROOF. No false, inaccurate or incorrect statements regarding the pages of the LOSTPROOF website or the services or contents thereof shall be included. The establishment of the link does not necessarily imply the existence of relations between LOSTPROOF and the owner of the website or portal from which it is made, nor the knowledge and acceptance of LOSTPROOF of the services and content offered on this portal. The establishment of links without respecting the above conditions may constitute an infringement of the intellectual and/or industrial property rights owned by LOSTPROOF.
5. Applicable legislation.
The General Conditions of Use and the rest of the legal conditions of the Website are governed in each and every one of their aspects by Spanish Law. The parties, in any dispute in relation to the Web Site www.LOSTPROOF.com, shall submit to the jurisdiction of the Courts and Tribunals of the City of Las Palmas de Gran Canaria, expressly waiving their jurisdiction if they have any jurisdiction other than those mentioned above.