Please read the following terms and conditions carefully.
By accessing www.workmeter.com (hereinafter the “Website”) and/or any of its pages, you are deemed to be a User and are deemed to accept these Terms of Use.
These Conditions regulate the permitted use of the Website in compliance with article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce.
1. Addressees
The information contained in this Website, including certain products and services, is intended for distribution or use by natural or legal persons residing in Spain or accessing from Spain. The Owner declines all responsibility for access by persons in jurisdictions where such viewing, distribution or use may be contrary to the legislation in force at any given time.
2. General information
General information about this website is set out below:
Owner: WORKMETER SL
CIF: B65493298
Registration: Barcelona Trade Register, entry number Volume: 42357 Folio 107 Page: 405095 Entry: 1
Registered Office: Vía Laietana. 45 4º 1ª. 08003, Barcelona, Kingdom of Spain.
Tel: (+34) 931810661
E-mail: info@workmeter.com
3. Protection of Personal Data
In order to contact the Owner of the Website or in the authorised use of the Website, the User may provide certain personal data (hereinafter, the “Personal Data”). The Owner will process the Personal Data for the purposes as well as under the other conditions defined in its Privacy Policy, in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), as well as Organic Law 3/2018 of 5 December 2018 on the protection of personal data and guarantee of digital rights and its implementing rules.
The full Privacy Policy can be consulted by clicking here.
The Data Controller has adopted, and will continue to adopt, the legally required security measures for the protection of personal data and will endeavour to install other additional technical and organisational means and measures for protection. However, the User must be aware that Internet security measures are not impregnable and must at all times behave diligently with respect to them.
4. Use of Cookies.
The Owner uses its own and third party cookies when the User browses the Website.
Cookies are data files of very limited capacity that are generated in the User’s computer allowing the following information, among others, to be obtained:
(a) The date and time of your last visit to the Website;
(b) The content design chosen by the User on his or her first visit to the Website;
(c) Contact details; and
(d) The security elements involved in controlling access to restricted areas.
The User has the option to prevent the generation of cookies by selecting the corresponding option in their browser software.
The Cookie Policy of this Website can be consulted in full by clicking here.
5. Intellectual Property Rights of the Website
The intellectual property rights of the Website, its design, content, navigation structure, software, databases and its various graphic or conceptual elements are the exclusive property of the Owner or of third parties who have duly authorised their use. Only the Proprietor has the exclusive rights to exploit the aforementioned intellectual property rights in any form and, in particular, the rights of reproduction, distribution, public communication and transformation.
The condition of User does not in any way imply assignment or authorisation to exercise any of the aforementioned rights. The exercise of these rights shall in any case be considered prohibited unless prior written authorisation to the contrary has been granted.
6. Services and products promoted on the Website.
6.1. Nature.
The information on services and products, prices, offers and/or promotions of the Proprietor provided through the Website is not contractual in nature but merely illustrative, lacking binding force between the Proprietor and the User. Only contracts or other similar documents issued for this purpose between the Proprietor and the User in accordance with the general and/or specific conditions applicable to the services and products being contracted shall be binding.
The full Terms of Use of the Saas Workmeter Software can be consulted here.
6.2. Mutability. Provisional information.
The Proprietor reserves the right to modify the information presented on this Website about services, products, prices, offers and/or promotions at any time. The Proprietor nevertheless undertakes to make every effort within its means to keep the information contained on the Website up to date, accurate and free of typographical or other errors.
In the event of any error of this type occurring at any time, at all times beyond the control of the Holder, it will be corrected immediately.
Likewise, the content of the Website may, on occasion, show provisional information on services, prices, offers and/or promotions. In the event that the information provided does not correspond to the characteristics of the services, prices, offers and/or promotions, the customer may communicate this fact to the Owner so that he/she may proceed to correct the error.
The Holder is not responsible either directly or indirectly for any of the information, content, statements and expressions of third parties related to the services, products, prices, offers and/or promotions contained in this Website. This responsibility lies at all times with the owners, assignees and/or authorised persons of these and, in any case, with the natural or legal persons, public or private, who issue the aforementioned information, content, statements and/or expressions.
6.3. Industrial and Intellectual Property Rights of the products and services promoted on this Website
The Proprietor is the owner and/or licensee of the industrial property rights relating to its products and services, and specifically those relating to its registered trademarks and to the creations, photographs and illustrations that the Proprietor makes available to the User, whose downloading and use is authorised for strictly private and non-commercial use.
With regard to the products and services of third parties, the Proprietor acknowledges in favour of their owners and/or licensees the corresponding industrial and intellectual property rights, and their mere mention or appearance on the Website does not imply the existence of any rights or liability of the owner over them, nor any endorsement, sponsorship or recommendation by the Proprietor, unless expressly stated.
The unauthorised use of the information contained on the Website, its commercialisation, as well as any other form of lucrative use, as well as the infringement of the Intellectual or Industrial Property rights of the Owner or third party owners and/or licensees will give rise to the legally established responsibilities.
7. Temporary authorisation to use this Website and its elements
Viewing, printing and partial downloading of the content of the Website, including its legal notices, is authorised only and exclusively if the following conditions are met:
7.1. Compatible with the purposes of the Website.
7.2. That it is carried out with the sole purpose of obtaining the information contained therein for personal and private use. Its use for commercial purposes or for distribution, public communication, transformation or decompilation is expressly prohibited.
7.3. That none of the content related to the Website is modified in any way.
7.4. That no graphic, icon or image available on the Website is used, copied or distributed separately from the text or other images that accompany it.
8. Hyperlinks
8.1. Hyperlinks to the Website.
The User and, in general, those persons who intend to establish a hyperlink between their web page and the Website (hereinafter, the “Hyperlink”) must comply with each and every one of the following conditions:
(a) The Hyperlink will only allow access to the home page and may not be reproduced in any form;
(b) Under no circumstances shall a frame (frame, framing) be created over the pages of the Website;
(c) No false, inaccurate or incorrect statements or indications shall be made about the Proprietor, its directors, partners, collaborators, employees, the pages of the Website and the goods and services offered and/or supplied;
(d) It shall not be stated or implied that the Holder has authorised the Hyperlink or that it has supervised or assumed in any way the services offered or made available on the web page on which the Hyperlink is established;
(e) With the exception of those signs that form part of the Hyperlink itself, the web page on which the Hyperlink is established shall not contain any trademark, commercial name, business sign, denomination, logo, slogan or other distinctive signs belonging to the Holder; and
(f) The web page on which the Hyperlink is established shall not contain information or content that is illicit, contrary to morality and generally accepted good customs and public order, nor shall it contain content that is contrary to any third party rights.
The establishment of the Hyperlink does not imply in any case the existence of legal relations (contractual, associative, representative, …) or any other type of relationship between the person implementing the Hyperlink and the Proprietor. Therefore, it cannot be understood, directly or indirectly, that the Holder accepts, promotes or approves its information, contents, services or products.
8.2. Links to other websites; disclaimer of liability of the Operator
The Owner assumes no liability whatsoever for the contents linked from the Website, provided that they are unrelated to it, nor does it guarantee the absence of viruses or other elements in them that may cause alterations in the computer system (hardware and software), in the documents or files of the User, excluding any liability for damages of any kind that may be caused to the User for this reason.
8.2.1. Unlawfulness or non-compliance of the contents of external websites
In the event that any User considers that the content or services provided by the linked pages are unlawful or injure property or rights of the User or a third party, liable for compensation, he/she shall immediately inform the Owner. In any case, content and/or services consisting of:
(a) Activities or content that may be considered criminal under Spanish criminal law.
(b) Activities or content that violate intellectual or industrial property rights.
(c) Activities or content endangering public order, criminal investigation, public security and national defence.
(d) Activities or content which jeopardise the protection of public health, respect for human dignity and the principle of non-discrimination, and the protection of health and children.
8.2.2. Notification procedure in the event of unlawful activities.
Verified in the opinion of any User the existence of illegal facts or circumstances of the use of any content and / or the performance of any activity on the web pages included or accessible through the Website, you must send a written notice to the Owner either to the postal or email address indicated above, containing the following points:
(a) personal data of the complainant: full name, address, telephone number and e-mail address (subject to the above Privacy Policy);
(b) specification of the alleged unlawful activity carried out on the Website or third party web pages and, in particular, in the case of an alleged infringement of rights, precise and specific indication of the protected content and its location on the Website or third party web pages;
(c) facts or circumstances revealing the unlawful nature of such activity;
(d) an express, clear and responsible statement by the claimant that the information provided in the notification is accurate and that the use of the content or performance of the activities described is unlawful.
9. Modification of the website
The Owner reserves the right to make, at any time and without prior notice, modifications and updates to the information contained on the Website, to the configuration and presentation of the Website and to these Conditions of Use.
10. Exclusion of warranty for the availability of this website or its contents, as well as for its use.
The Proprietor does not guarantee that there will be no interruptions or errors in access to the Website or its content, nor that it is up to date. The Proprietor shall carry out, provided that there are no causes that make it impossible or difficult to execute, and as soon as it becomes aware of the errors, disconnections or lack of updating of the content, all efforts to correct the errors, re-establish communication and update the content.
The User is informed that the server where the Website is hosted is physically located in the European Union, specifically in the facilities of:
Name: ECONOCOM NEXICA S.L.U
CIF: B61125712
Address: c/ Acer, 30-32, 08038 Barcelona, Spain
Telephone: 900 800 296
Web:https://www.nexica.com/
It is this provider (ISP) that provides hosting and connectivity services for the Website.
Both access to the Website and any non-consensual use that may be made of the information contained therein is the sole responsibility of the user. The Holder shall not be liable for any consequence or damage that may arise from such access or use. The Holder is not responsible for any security errors that may occur or for any damage that may be caused to the User’s computer system (hardware and software), or to the files or documents stored therein, as a result of:
(a) the presence of a virus in the user’s computer used to connect to the services and contents of the Website.
(b) a browser malfunction
(c) of the use of non-updated versions of it
11. Contractual status of images or photos provided by the User
In addition to the warranty and representations set forth in these Terms of Use, by making a submission through the Website or addressed to the Owner containing images, photographs, drawings or any other graphic element in whole or in part, (hereinafter jointly and severally referred to as the “images”), the User represents and warrants that:
(a) You are the copyright owner of the image or have been granted permission by the copyright owner of the image to use the image, or any content or image included in the image, in the manner and for the purpose of its use and as permitted by these Terms of Use and the Website or the Owner’s services,
(b) has the rights necessary to grant the licences and sub-licences described in these Terms of Use; and
(c) The persons depicted in such image, if any, have consented to the use of the image as set forth in these Terms of Use, including without limitation, the distribution, public display and reproduction of such image.
12. Applicable Law and Competent Jurisdiction to these Terms of Use
All matters arising between the Owner and the User relating to the interpretation, fulfilment and validity of these Conditions of Use shall be governed by their own clauses and, as far as they are not foreseen therein, in accordance with the Spanish legislation in force at any given time.
The Holder and the User, expressly waiving any other jurisdiction, submit to the jurisdiction of the Courts and Tribunals of the city of Barcelona, regardless of whether or not the latter has its domicile or habitual residence in Spain.