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The present General Conditions of Use, Privacy Policy and Sale (hereinafter, ‘General Conditions’) govern the use of the website www.CMJETS.com (hereinafter, ‘Website’) that Taiwan Trade Investment, S.L. (hereinafter, ‘CMJETS’) makes available for persons who access his Website. The aim is to offer information about his own and/or third party collaborators products and services, as well as to facilitate its access and the procurement of his services and goods (hereinafter ‘Services’).
CMJETS SLU, with registered address in Pontevedra, Spain, is a Spanish limited company, owner of this Website, whose use is regulated by this document, with VAT number ESB04996401, and registered in the Companies House of Madrid, volume 11111, page M-111.111, sheet 11, section 1, first registration. To contact CMJETS SLU, you can use the above indicated mail address, as well as the e-mail address contacto@cmjets.com.
By the very nature of this Website, as well as by its content and purpose, almost all of the navigation should be done enjoying the status of Customer, which is acquired according to the procedures provided for in it. Therefore, the referred status of Customer implies the consent with the General Conditions, as published when accessing to the Website. CMJETS reserves the right to modify, at any time, the presentation and configuration of the Website, as well as the present General Conditions. For this reason, CMJETS recommends the Customer to read them whenever he/she access the Website.
In any case, there are pages in the Website accessible to the public in general, regarding which CMJETS also want to comply with its legal obligations, as well as to regulate its use. Thus, users accessing these parts of the Website accept to be subject to the terms and conditions included in these General Conditions, to their applicable extent.
Lastly, by the very nature of this Website, it is possible to modify or include changes in the content of the present General Conditions. For this reason, the Customer and other users not benefiting from this condition are obliged to access to the present General Conditions every time they access the Website and assume that the conditions in force at the time of accessing the Website will be applied.
ACCESS AND SECURITY
Access to Services requires the prior registration of users and acceptance of the General Conditions. Afterwards, they will be considered as Customers.
Customer ID consists of his/her e-mail address and a password–which must contain at least 4 characters–. To have access to his/her own account, the ID and password will be required.
The use of the password is personal and non-transferrable. Its release to third parties is not allowed, even temporarily. Consequently, the Customer undertakes to make diligent use of it and keep it secret, assuming all responsibility for the consequences of its disclosure to third parties.
In the event that the Customer knows or suspects the use of his/her password by a third party, he/she must change it immediately as indicated on the Website.
PROPER USE OF THE SERVICES
The Customer agrees to use the Services on a diligent, correct and lawful way and, in particular, as an illustrative way, but not limited to, he/she undertakes to refrain from:
• using the Services on a way or for the purposes or effects contrary to law, morality and generally accepted good manners or public order;
• duplicating or copying, distributing, allowing public access through any means of public communication, transforming or modifying the Services, unless with the permission of the owner of the corresponding rights or where this is legally permitted;
• performing any act that could be considered an infringement of any intellectual or industrial property rights belonging to CMJETS or third parties;
• using the Services and, in particular, information of any kind obtained through the Website to send advertising, communications for direct marketing purposes or any other type of commercial purpose, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as to sell or disclose that information in any way.
The Customer will be liable for harms and damages of any nature that CMJETS may suffer, on the occasion or as a consequence of the breach of any of the above obligations as well as any other included in these General Conditions and/or those imposed by the law in relation to the use of the Website.
CMJETS shall ensure respect for the existing legal system at all times. CMJETS will be entitled to discontinue, to its sole discretion, the Services or to exclude the Customer from the Website in case of alleged commission, complete or incomplete, of any of the offences or faults covered by the existing Spanish Penal Code or, in case of observing any behaviour, in the view of CMJETS, contrary to these General Conditions and the General Conditions operating for this Website, the law, the rules set by CMJETS or its collaborators or can disrupt the functioning, image, credibility and/or prestige of CMJETS or its collaborators.
PROPERTY RIGHTS
All contents of the Website, such as text, graphics, photographs, logos, icons, images, as well as the graphic design, code source and software, are the exclusive property of CMJETS or third parties, whose rights, in this respect, CMJETS holds legitimately. Therefore, they are protected by national and international legislation.
The use of all the elements subject to industrial and intellectual property for commercial purposes as well as their distribution, modification, alteration or decompilation is strictly prohibited.
Violation of any of these rights may constitute a breach of these provisions, as well as an offence punishable in accordance with articles 270 et seq. of the Spanish Penal Code.
Those Customers who submit to the Website their observations, opinions or comments through e-mail or any other means, wherever the nature of the Services makes it possible, it is understood that they authorize CMJETS to reproduce, distribute, public communicate, transform and exercise any other right of exploitation of such observations, opinions or comments, for all the time of protection of copyright legally foreseen and without territorial limitation. It is understood as well that this authorization is granted for free.
Claims that could be filed by Customers in connection with possible breaches of the rights of intellectual or industrial property on any of the Services on this Website should be sent to the following e-mail address: contacto@cmjets.com.
EXCLUSION OF WARRANTIES AND LIABILITY
Regardless of the provisions of the General Conditions relating to the procurement of goods contained in this Website, CMJETS is not responsible for the veracity, accuracy and quality of this Website, its Services, information and materials. Such Services, information and materials are presented ‘as they are’ and accessible without warranties of any kind.
CMJETS reserves the right to interrupt the access to the Website, as well as the provision of any or all of the Services provided through it at any time and without prior notice, whether for technical reasons, security, control, maintenance, power supply failures or any other justified cause.
Accordingly, CMJETS does not guarantee the reliability, availability or continuity of its Website or Services, so the use of those by the Customer is carried out at his/her own risk, not being possible, at any time, to demand responsibilities to CMJETS in this sense.
CMJETS is not responsible in case of interruptions of Services, delays, errors, malfunctions and, in general, any other drawbacks with origin in causes beyond the control of CMJETS, and/or due to fraudulent or negligent actions of the Customer and/or by origin of unforeseen circumstances or force majeure. Without prejudice of the provisions on article 1105 of the Spanish Civil Code, force majeure will additionally include, and for the purposes of these General Conditions, all those events occurred outside the control of CMJETS, such as: failure of third parties, operators or service companies, acts of Government, lack of access to networks of third parties, acts or omissions of public authorities, others produced as a result of natural phenomena, blackouts, etc. and attacks by hackers or third parties specialized in the security or integrity of the computer system, provided that CMJETS has taken reasonable safety measures in accordance with that technique. In any case, whatever its cause, CMJETS assumes no responsibility either for direct or indirect damages and/or lost profits.
CMJETS excludes any liability for damages of any kind that may arise from the lack of veracity, accuracy, completeness and/or actuality of the transmitted, disseminated, stored, made available or received Services or accessed through the Website, as well as for the Services provided or offered by third parties or entities. CMJETS will try, as far as possible, to update and rectify the information hosted on his Website that does not comply with the minimum guarantees of veracity. However, he will be exonerated from liability by not updating or rectifying them, as well as by the contents and information poured in it. In this sense, CMJETS has no obligation to monitor and does not control the transmitted, disseminated or made available content to third parties by Customers or collaborators, except the cases required by the legislation in force or when required by a competent judicial or administrative authority.
Similarly, CMJETS excludes any liability for damages of any kind that may be due to the presence of viruses or other harmful elements in the contents that can produce alterations in the computer systems as well as in the documents or systems stored in them. CMJETS is not responsible for the use of the Services that the Customer of the Website makes nor his/her passwords and any other material, in violation of intellectual or industrial property rights or any other rights of third parties.
The Customer agrees to hold harmless CMJETS, by prejudice, damage, sanction, expenses (including, without limitation, attorney’s fees) or civil, administrative or any other liability that may suffer CMJETS in relation to the non-compliance or partial or defective compliance in turn of what is established in these General Conditions or in the applicable legislation and, in particular, in relation to obligations relating to protection of personal data collected in the present General Conditions or set out in the Spanish Data Protection Law and developing regulations.
LINKS TO OTHER WEB SITES
CMJETS does not warrant or assume any liability for damages suffered by third parties accessing the Services through connections, links or links of the linked websites nor about their accuracy or reliability. The function of the links that appear on CMJETS is exclusively to inform the Customer about the existence of other sources of information on Internet, where he/she can expand the Services offered by the Portal. CMJETS will not be in any case responsible for the results obtained through those links or for the consequences arising from accessing to those links. These third party Services are provided by them, so CMJETS cannot control and does not control the legality of the Services or its quality. As a result, the Customer should exercise caution in evaluating and using the information and services found on the third-party content.
APPLICABLE LAW AND JURISDICTION
For any interpretative or contentious issues that may arise, the Spanish law shall apply. In the event of a dispute, both parties agree to submit, waiving any other jurisdiction that may correspond, to the jurisdiction of the Courts of Madrid, Spain.