GENERAL TERMS AND CONDITIONS OF ACCESS AND USE OF THE WEBSITE

 

I. INTRODUCTION AND PURPOSE:
SOTOGRANDE OCEAN MASTERS SL., is a Spanish company, registered in the Mercantile Registry of SAN ROQUE, CADIZ with CIF number: B72356652 and registered office at PASEO DEL MAR 42, 2-10, SAN ROQUE 11310 (hereinafter SOM), which acts in the areas of distribution and trade of goods and services and is the owner of a website on the Internet (hereinafter, the WEBSITE), through which it makes certain information available to its users as well as markets certain products and provides certain services. 
The WEBSITE is accessible from several Internet domains or addresses, the main one being:http://www.seacapitan.com/
Through the WEBSITE, SOM provides its Users with access to and use of various services and content (hereinafter, the "Services") made available by BeCharter or by third parties. The purpose of these terms and conditions is to establish and regulate general access to the WEBSITE, as well as to the different contents and services provided by BeCharter or by third parties from and/or through it.
Both the access and the general use of the WEBSITE attribute the condition of user thereof (hereinafter, the "User"), necessarily implying the full and unreserved acceptance of each and every one of the provisions included in the general terms and conditions. access and use of it.
The User is expressly warned and accepts that these conditions may change in the future at the free discretion of SOM and without any prior notice obligation on their part. Consequently, it will be the sole responsibility of the User to verify the terms and conditions in force on each of the occasions in which he intends to use the WEBSITE.
The use of certain services offered to Users through the WEBSITE - in particular the TRANSACTIONAL ENVIRONMENT or ON-LINE STORE of the WEBSITE - is subject to particular conditions (hereinafter, the "Special Conditions") that, depending on the case, , may replace, complete and/or modify these general terms and conditions.

II. ACCESS LEVELS AND USER REGISTRATION:
In general, mere access to the WEBSITE may be free. However, SOM conditions access to certain areas of the WEBSITE and the use of all its Services to the prior completion of the corresponding User registration form.
For all purposes, access to the WEBSITE through User identification through social networks will be considered User registration and necessarily entails the acceptance without reservation or objection of these general terms and conditions.
Likewise, SOM may make available to Users certain Services for the use of which may require the completion of additional records and/or satisfaction of certain monetary considerations. In your case, said registration will be carried out in the manner expressly indicated in the service itself or in the particular conditions that regulate it.
The condition of User of SOM requires legal majority. The User declares and declares -in any case-, to be at least 18 years old.
The User guarantees the veracity of the above statement, as well as all the registration data provided to SOM and is responsible for keeping them fully updated for the duration of their condition. In any case, the User will be solely responsible for the false or inaccurate statements made and the damage caused to BeCharter or third parties by the information provided.
SOM reserves the right to deny registration on the WEBSITE. This refusal will not entail the right to any compensation.
Once the registration process is satisfactorily completed, SOM will register the User in its database of registered Users. An account will be generated with your email address and associated password for each User.

III. USER OBLIGATIONS
The following shall be the User's obligations, without prejudice to those arising from the clauses of this document:
The User will be obliged to guarantee the veracity and accuracy of the registration data entered in the SOM information systems and carry out as many updates as necessary. In any case, the User will be solely responsible for the false or inaccurate statements made and the damage caused to BeCharter or third parties by the information provided.
Safeguard the username and password diligently, preventing unauthorized third parties from accessing them and therefore ensuring their confidentiality.
Notify SOM immediately of any indication of the existence of a violation in the security of the WEBSITE, of inappropriate or prohibited uses of the services provided from it, or of security failures of any kind.
Make good use of the content, information and services provided from or through the WEBSITE, in accordance with the law, good faith and generally accepted good practices, expressly committing to:
Refrain from carrying out practices or uses of the services for illicit, fraudulent purposes, harmful to the rights or interests of SOM or third parties, violators of the rules contained in this contract or in the Particular Conditions that, if applicable, regulate any of the services provided. from or through the WEBSITE.
Refrain from carrying out any type of action that could disable, overload or damage systems, equipment or services of the WEBSITE or accessible directly or indirectly through the WEBSITE.
Respect the intellectual and industrial property rights of SOM and third parties regarding the content, information and services provided from or through the WEBSITE, generally refraining from copying, distributing, reproducing or communicating them in any way to third parties, otherwise mediate express and written authorization of BeCharter or the holders of said rights.

IV. INTELLECTUAL AND INDUSTRIAL PROPERTY:
All the software and the contents of the WEBSITE, including: html code, texts, animations, images, etc. as well as the trademarks, trade names and/or distinctive signs shown, are the property of SOM or third parties and are protected by national and international intellectual and industrial property laws.
Any use other than the WEBSITE, including the reproduction, modification, distribution, transmission, republication, arrangement or representation of any elements thereof is strictly prohibited except with the express written consent of SOM.

V. EXCLUSION OF WARRANTIES:
Access to the WEBSITE does not imply any type of guarantee, which is expressly refused by BeCharter, regarding the quality, veracity, accuracy, legality, timeliness or validity, as well as the usefulness or suitability for any purpose of whoever accesses them. Both access to the WEBSITE and the use that may be made of the information and content included in it or that is accessible from it, is carried out under the sole responsibility of the User.
BeCharter will not be liable in any case and to any extent, neither for direct or indirect damages, nor for consequential damages or lost profits, for any damages derived from the use of the information and contents of the WEBSITE or accessible from or through it.
SOM DOES NOT guarantee in any way the quality, veracity, accuracy, legality, timeliness or validity, as well as the usefulness or suitability for any purpose of the contents that make up the WEBSITE. BeCharter excludes, to the full extent permitted by law, any liability of any kind for the quality, veracity, accuracy, legality, timeliness, validity or usefulness/adequacy for any purpose that the User may have attributed to the contents that make up the WEBSITE. .
The WEBSITE may contain links to pages that, even within the WEBSITE, are under the responsibility of third parties. Likewise, the WEBSITE may contain links to external pages in any case. In both cases, SOM cannot control or monitor such content in any way. BeCharter excludes, to the full extent permitted by law, any liability of any kind, arising from the existence or possibility of access to said content.
Likewise, SOM will not be in any way responsible, not even indirectly or subsidiary, for products or services provided or offered by other persons or entities, or for content, information, communications, opinions or statements of any kind originating or expressed by third parties. and that are accessible through the SOM Web Pages.

SECURITY AND PRIVACY: SOM will reasonably use the means at its disposal to provide security systems that reasonably protect its systems and the data contained therein against deliberate attacks, malicious software, etc.
However, the User understands and accepts the aspects involved in the provision of services through the Internet given the open, decentralized and global nature of this communications network.
For this reason, SOMr does NOT guarantee the impregnability of its security systems or the privacy of the information housed therein. SOM excludes, to the full extent permitted by law, any liability of any kind for security flaws in the WEBSITE and the consequences that may arise from them.
Use of cookies: The BeCharter WEBSITE uses session cookies for the sole purpose of allowing and facilitating user interaction with it. Likewise, the statistical services -own or external-, used by the SOM WEBSITE may use cookies with the sole purpose of establishing metrics and patterns of use of the site. In neither case does SOM use or access cookies for purposes other than those stated.

INTERRUPTIONS AND/OR SUSPENSION OF THE SYSTEM: In general, the different services will be available uninterruptedly on the Internet. However, the User is aware that SOM does NOT guarantee this continuity in any way due to the nature of the medium through which they are provided.
The User understands and accepts the aspects involved in the provision of services through the Internet given the open, decentralized and global nature of the network.
Thus, for example, by way of illustration and not exhaustive, some of the situations that may temporarily interrupt the provision of said services are listed below:
Maintenance tasks on servers and/or data lines.
Faults in the servers and/or data lines
Deliberate attacks against the security and integrity of the system
Computer viruses or the presence of malignant code on the pages that make up are not accessible from the WEBSITE.
SOM excludes, to the full extent permitted by law, any liability of any kind arising from the temporary interruption in the availability of the WEBSITE on the Internet.
The User is aware that SOM may at any time, at its sole discretion and without any prior notice obligation, permanently suspend the presence of the WEBSITE on the Internet and therefore the services provided from or through it, without prejudice to what has been provided in this regard in the corresponding Particular Conditions. SOM is exempt from any type of responsibility of any kind derived from the consequences that could be produced by the definitive suspension in the provision of said services.
Warning about product stocks displayed in the WEBSITE online store: the WEBSITE has an online store section that can display information about available product stocks. Said information is communicated, in each case, by the manufacturer or distributor thereof.
SOM makes efforts to keep said stock information updated on the WEBSITE, based on the information transmitted at any time by the manufacturer or distributor, but cannot guarantee at all times its adequacy to reality because it is external information, provided by third parties.

SAW. VOLUNTARY WITHDRAWAL, EXCLUSION AND RESPONSIBILITIES:
Any User may request their withdrawal, at any time, as a user of the WEBSITE. SOM will have a period of 30 days to examine the situation of said User with respect to all the services to which they are subscribed in order, where appropriate, to issue an invoice for all those consumptions that upon receipt of the cancellation request are found to be Aware of the payment.
If there is no amount pending settlement and/or collection, the cancellation will take effect immediately. Otherwise, the withdrawal will be subject to the effective collection of said amounts by SOM.
The User is responsible for the proper use of the WEBSITE and the services contracted from or through it. Any use of the services to the contrary by the User, will entail the immediate exclusion of the WEBSITE with loss of their status as registered user of the same, without the right to any compensation and without prejudice to the corresponding legal actions that SOM may have place.
The falsity of the personal and/or professional data provided by the User during the registration process on the WEBSITE or in any of the services provided from or through it may lead to immediate exclusion from the WEBSITE with loss of user status. registered of the same, without the right to any compensation and without prejudice to the corresponding legal actions that may take place on the part of BeCharter or third parties.
Any type of action by the user that could put at risk or damage systems, equipment or services accessible directly or indirectly through the WEBSITE, will entail their immediate exclusion from it with loss of their status as registered user of the same, without the right to indemnification and without prejudice to the corresponding legal actions that SOM may have.
Any type of action by the user that violates these terms and conditions, the Particular Conditions that may regulate specific Services, the Law or generally accepted good customs, will entail their immediate exclusion from the WEBSITE with loss of their status as a registered user of the WEBSITE. same, without the right to any compensation and without prejudice to the corresponding legal actions that may take place on the part of SOM.
The User will be solely responsible for any claim, legal, judicial or extrajudicial action, initiated by third parties both against the User himself and against SOM, based on uses of the services contrary to law, morality, good faith and the generally accepted good customs.

VII. NOTIFICATIONS:

For the purposes of making the appropriate notifications, SOM designates as the contact address the one specified as its own in the heading of these terms and conditions.
The email provided by the User during the registration process on the WEBSITE will be used by SOM for the purpose of notifying the User.
The User is obliged to keep duly updated the data that for the purposes of notifications are referenced in this clause.
All Notifications made by SOM to the User will be considered validly made if they have been made using the data and through the aforementioned means.
SOM is not responsible for any damage that may be caused by the User's breach of his obligation to keep his contact data updated.

VII. PROMOTIONS:
SOM may modify without prior notice the promotions and discounts generated by the existing promotion policies on its web pages, and reserves the right to annul or cancel the discounts obtained if it suspects that they have been obtained illegitimately or fraudulently.
In the same way, SOM reserves the right to cancel discounts and restore the original user data in the promotions if there are changes in the conditions of application and/or generation of the rules and promotions that have generated said discounts.

IX. VALIDITY AND ENTIRE AGREEMENT:
The declaration of nullity or invalidity of any stipulation contained in these terms and conditions, will not affect the validity and effectiveness of the other clauses.
These terms and conditions of the services provided by SOM through the WEBSITE constitute the entire agreement between the parties, being considered superior to any prior written or verbal agreement, understanding, affirmation, representation, negotiation or purpose of agreement in relation to this stuff.

X. APPLICABLE LAW AND JURISDICTION:
These terms and conditions will be governed and interpreted in each and every one of its extremes by Spanish Law.
Both SOM and the User undertake to try to resolve in a friendly manner any disagreement that may arise in the development of commercial relations that are their own.
For the solution of any contentious issues that may arise from the development of commercial relations that are their own, both parties agree to submit to the jurisdiction of the Courts and Tribunals of San Roque (Cadiz), except - where appropriate - mandatory legal submission to was part.