Terms of Service

WebSite’s Ownership

In accordance with article 10 of the Spanish Law 34/2002 on Information Society Services and Electronic Commerce (hereinafter, “LSSI”), we inform you that the website www.orchextra.io (hereinafter, the “Website” or the “Portal”) is operated by Gigigo Mobile Services, S.L. (hereinafter, “Gigigo”), a company with TAX ID number B-86372406, registered in the Mercantile Register of Madrid, Volume 18924, Sheet 134, Page M-330361, whose registered office is located in Calle Dr. Zamenhof 36bis, 1ºA (28027) Madrid.

 

Use of the Portal

This disclaimer (hereinafter, the “Disclaimer”) establishes the conditions governing the use of information society services which are made available by GIGIGO to Internet users by means of the Website.

Access to the Website is free without prejudice of the connection fees and cost of using the telecommunications network that are at the users’ expense, as established by the pertinent Network service provider selected by the user.

Gigigo reserves its right to make modifications and updates on the Website and its contents, layout and presentation, including those related to this Disclaimer, at any time and without prior notice. Therefore we encourage our users to read this document carefully each time before they access and navigate through the Portal. Notwithstanding the above, whether the modification made by Gigigo strongly affects the use of the Website, Gigigo will inform the user about such modification.

The user agrees not to use the Website for fraudulent purposes, as well as not to carry out any action that could damage the image, interests and rights of Gigigo or third parties, and commits himself to a diligent, correct and lawful use of the Website and of the services and contents included therein. In particular, the user agrees not to: remove, ignore or manipulate the “copyright” and other identification data of the rights of their owners included to the contents of the Portal, as well as technical protection devices or any other information mechanisms which may include such content. Likewise, the user agrees not to take any action in order to damage, disable or overload the Website, or that could prevent, somehow, the normal use and functioning of the Portal.

In the event a User breaches this Disclaimer, or GIGIGO reasonably suspects that the User has failed to comply with it, GIGIGO reserves the right to limit,

suspend or terminate User’s access to the Website, by adopting all the technical measures which are necessary for that purpose. By the same means, GIGIGO reserves the right to decide, at any time, on the continuity of the services provided through the Portal.

1. Intellectual Property

The intellectual property rights on content layout on the Website (including sui generis rights on the database), graphic design (look & feel), distinctive features (trademarks and trade names), the underlying computer programs (including source codes), as well as the different elements making up the Portal belong to Gigigo, or Gigigo has the right to use and exploit them, and in this sense they constitute works protected by the intellectual property legislation in force.

The use of the Website by the user does not in any way involve the assignment of Gigigo’s intellectual property rights over the Portal, its contents and/or distinctive features of Gigigo. To this effect, by means of this Disclaimer, except in those cases where it is legally permitted, it is expressively forbidden to the user the reproduction, transformation, distribution, public communication, as well as making available, extraction and/or reuse of the Website, its contents or the distinctive features of Gigigo.

It is expressly and strictly prohibited the reproduction of elements or contents of the Website with the aim of profiting or for commercial purposes.

2. Limitations of Liabilities

The user acknowledges and accepts that the use of the Website is carried out, at all times, entirely under his risk and responsibility. Therefore Gigigo is not

responsible for the misuse or abuse made of the Portal. For this purpose, Gigigo will only be liable for the damages that the User may suffer from the use of the Website when those damages are due to Gigigo’s willful misconduct.

In particular, Gigigo will not be responsible for:

– The content of the sites accessed through the links included on the Website. In this regard, the terms set forth in section 5 of the present Disclaimer will apply.

– Damages of any kind caused to the computer equipment of the user caused by viruses, worms, Trojans or other harmful elements. The user acknowledges that the use of the Internet entails the assumption of a risk that their computer equipment may be affected by the elements listed above. For this purpose, the availability of the adequate tools for the detection and removal of malicious electronic programs is under the responsibility of the user.

– Damages of any kind produced to the user that cause malfunctions or disconnection of telecommunications networks that lead to the suspension, cancellation or interruption of the service of the Website prior to or during the Website´s use. In this regard, the user acknowledges that access to the Portal requires services provided by third parties outside the control of Gigigo (for example: operators of telecommunications networks, access providers, etc.) whose reliability, quality, continuity and operation does not correspond to Gigigo.

3. Links

The Website may include links that allow the user to access other pages and Internet portals (‘Linked Sites’). To this end, Gigigo acts as a service provider of intermediary services in accordance with article 17 of the LSSI, and will only be responsible for the content and services provided on the Linked Sites to the extent it becomes aware of their illegality and fails to disable the link with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, please notify Gigigo through info@orchestra.io. This communication will not constitute an obligation to remove the link.

The existence of Linked Sites does not in any way imply that Gigigo has effective knowledge of any of the services and contents of those websites in the case of illegality, or has necessarily maintained agreements with the managers or owners of the Linked Sites. Likewise, Linked Sites do not imply the existence of a recommendation, promotion, identification or Gigigo’s conformity with the statements, content or services provided on the Linked Sites. As a result, Gigigo is not responsible for the content of the Linked Sites or their terms of use and privacy policies, and the user is responsible for checking and accepting them each time the user accesses and uses the Linked Sites.

The user and, in general, any natural or legal person who intends to establish a link from their website to the Portal, must obtain prior permission in writing from Gigigo. The establishment of such link does not imply the existence of a relationship between Gigigo and the owner or proprietor of website, nor the acceptance or approval by Gigigo of its contents or services.

In any case, Gigigo reserves the right to prohibit or disable at any time the links to the Website, especially in the case of wrongfulness of the activity or contents of the Linked Site.

4. Generalities (1)

The use of the Website is governed and interpreted in accordance with Spanish legislation and, by using the Portal the user agrees that any dispute or litigation arising between the user and Gigigo will be heard by the competent courts and tribunals in accordance with the applicable legislation.

In the event that a provision contained in this Disclaimer is declared void, Gigigo will remove or replace such provision. In any case, such declaration of invalidity shall not affect the validity of the remaining provisions contained in this Disclaimer.

 

(1) In the event GIGIGO had joined a certain code of conduct (e.g. trust online) information must be included indicating how it can be accessed electronically.