The website www.waisense.com (hereinafter, the “Website”) is the property of MÉTRICA6 INGENIERÍA Y DESARROLLOS S.L. (hereinafter, the “COMPANY”), with registered office at Av. Juan López Peñalver (PQ tecnológico de Andalucía) 17, ground floor, Office 3 dcha. – 29590, Málaga and CIF B93288207. Registered in the Mercantile Register of Malaga, under number 4,523 of the protocol order, volume 5198, folio 102, page number MA-120322, 1st inscription.
With the aim of ensuring that the use of the Website complies with criteria of transparency, clarity and simplicity, the COMPANY informs the User that any suggestions, doubts or queries regarding the General Conditions of Use will be received and resolved by contacting the COMPANY by e-mail: firstname.lastname@example.org.
The COMPANY provides the content and services that are available on the Website, subject to these General Conditions of Use as well as the policy on the treatment of personal data (hereinafter, the “Data Protection Policy”). Access to this Web Site or its use in any form gives you the status of “User” and implies the unreserved acceptance of each and every one of these General Conditions of Use, with the COMPANY reserving the right to modify them at any time. Consequently, it will be the responsibility of all Users to carefully read the General Conditions of Use in force each time they access this Web Site, and therefore, if they do not agree with any of these conditions, they should refrain from using this Web Site.
You are also advised that, from time to time, special conditions may be established for the use of specific content and/or services on the Website, and the use of such content or services shall imply acceptance of the special conditions specified therein.
Through the Website, the COMPANY offers Users the possibility of accessing: Information about the company, its contact details, its products and services, its rates, its commercial offers, its location – A contact section to make enquiries by providing their personal details – Links to access social networks (hereinafter the “Services”).
3. Privacy and Data Processing
The COMPANY processes your personal data in accordance with 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) and LO 3/2018. The information about your personal data, according to article 13 of section 2 of the aforementioned regulation and the LO 3/2018, can be consulted in this link.
4. Industrial and Intellectual Property
The User acknowledges and accepts that all content displayed on the Website and in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial and/or commercial use are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights, on the contents and/or any other elements inserted on the page, which are the exclusive property of the COMPANY and/or third parties, who have the exclusive right to use them in the economic traffic. Therefore, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding the COMPANY harmless from any claim arising from the breach of such obligations. Under no circumstances does access to the Website imply any kind of waiver, transmission, licence or total or partial transfer of such rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for that purpose by the COMPANY or the third party holder of the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation. The COMPANY is the owner of the elements that make up the graphic design of the Web Site, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Web Site or, in any case, has the corresponding authorisation for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or by any means, without the prior written authorisation of the aforementioned Entity.
Likewise, it is forbidden to remove, evade and/or manipulate the copyright as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Website undertakes to respect the aforementioned rights and to avoid any action that could damage them, and in any case the COMPANY reserves the right to exercise any legal means or actions that may correspond to it in defence of its legitimate intellectual and industrial property rights..
5. Obligations and Responsibilities of the Website User
The User undertakes to:
To make appropriate and lawful use of the Website as well as the contents and services, in accordance with: (i) the legislation applicable at all times; (ii) the General Conditions of Use of the Website; (iii) generally accepted morality and good customs and (iv) public order.
To provide all the means and technical requirements necessary to access the Website.
To provide truthful information when filling in the forms contained on the Website with their personal data and to keep them updated at all times so that they respond, at all times, to the real situation of the User. The User will be solely responsible for any false or inaccurate statements made and the damages caused to the COMPANY or third parties for the information provided.
Notwithstanding the provisions of the preceding paragraph, the User shall also refrain from:
a) Make unauthorised or fraudulent use of the Website and/or its contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload, deteriorate or impede the normal use of the services or the documents, files and all types of contents stored in any computer equipment.
b) Accessing or attempting to access resources or restricted areas of the Website, without complying with the conditions required for such access.
c) Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
d) Introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the COMPANY, its suppliers or third parties.
e) Attempting to access, use and/or manipulate the data of the COMPANY, third party suppliers and other Users.
f) Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless authorised by the owner of the corresponding rights or it is legally permitted.
g) Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the COMPANY or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents. h) Obtain and attempt to obtain the contents using means or procedures other than those which, as the case may be, have been made available for this purpose or which have been expressly indicated on the web pages where the contents are found or, in general, those which are normally used on the Internet because they do not entail a risk of damage or disablement of the website and/or the contents.
i) In particular, and by way of example only and without limitation, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
(i) In any way that is contrary to, undermines or infringes fundamental rights and public freedoms recognised in the Constitution, in international treaties and in the rest of the legislation in force.
(ii) Induces, incites or promotes criminal, denigratory, defamatory, violent or generally contrary to law, morality, generally accepted good customs or public order.
(iii) Induces, incites or promotes discriminatory actions, attitudes or thoughts on grounds of sex, race, religion, belief, age or status.
(iv) Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, generally accepted morals and good customs or public order.
(v) Induces or is likely to induce an unacceptable state of anxiety or fear.
(vi) induces or incites to engage in practices that are dangerous, hazardous or harmful to health and mental equilibrium.
(vii) Is protected by intellectual or industrial protection legislation belonging to the COMPANY or to third parties without the intended use having been authorised.
(viii) is contrary to the honour, personal and family privacy or self-image of individuals.
(ix) Constitutes any form of advertising.
(x) Includes any type of virus or program that impedes the normal functioning of the Website.
If you are provided with a password to access any of the services and/or contents of the Website, you undertake to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, either temporarily or permanently, or to allow access to the aforementioned services and/or contents by third parties. Likewise, he/she is obliged to notify the COMPANY of any event that may imply an improper use of his/her password, such as, but not limited to, its theft, loss or unauthorised access, in order to proceed to its immediate cancellation. Consequently, as long as the previous notification is not made, the COMPANY will be exempted from any responsibility that could be derived from the improper use of your password, being of your responsibility any illicit use of the contents and/or services of the Web Site by any illegitimate third party.
If, in a negligent or wilful manner, he/she breaches any of the obligations established in these General Conditions of Use, he/she shall be liable for all damages and losses that may arise for the COMPANY as a result of said breach.
The COMPANY does not guarantee continuous access, nor the correct viewing, downloading or use of the elements and information contained in the pages of the website, which may be impeded, hindered or interrupted by factors or circumstances beyond its control.
The COMPANY accepts no liability for any decisions that may be taken as a result of accessing the content or information offered, as such decisions are taken by the user in the free exercise of his or her free will.
The COMPANY may interrupt the service or immediately terminate the relationship with the User if it detects that any use of its Website or of any of the services offered therein is contrary to these General Conditions of Use.
The COMPANY shall not be liable for damages, losses, losses, claims or expenses arising from decisions made by the user himself in the free use of his will during his visit to the Web Site, unless such damages, losses, losses, claims or expenses are directly attributable to the COMPANY due to faults in the page, error or omission.
It shall only be liable for the removal, as soon as possible, of content that may cause such damage, provided that this is notified. In particular, it shall not be liable for damages that may arise, among others, from:
(i) interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or by any other cause beyond the control of the COMPANY.
(ii) unlawful interference through the use of malicious software of any kind and by any means of communication, such as computer viruses or any other means.
(iii) improper or inappropriate abuse of the Website.
(iv) security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The administrators of the COMPANY reserve the right to withdraw, totally or partially, any content or information present on the Website.
The COMPANY excludes any liability for damages of any nature that may be due to the misuse of the services of free availability and use by the Users of the Website. Likewise, the COMPANY is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of the services of consultations and doubts. On the other hand, in the event of causing damages due to an illicit or incorrect use of said services, the User may be claimed by the COMPANY for the damages caused.
You will defend, indemnify and hold the COMPANY harmless from and against any damages arising from claims, actions or demands from third parties as a result of your access to or use of the Website. You also undertake to indemnify the COMPANY against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or any other action on your part which imposes an unreasonable burden on the operation of the Website.
The User undertakes not to reproduce in any way, not even by means of a hyperlink or hyperlink, the COMPANY’s Website or any of its contents, unless expressly authorised in writing by the COMPANY.
The COMPANY’s Website includes links to other websites managed by third parties, in order to facilitate the User’s access to the information of collaborating and/or sponsoring companies. In accordance with this, the COMPANY is not responsible for the content of these websites, nor does it place itself in a position of guarantor and/or offering party of the services and/or information that may be offered to third parties through third party links.
The User is granted a limited, revocable and non-exclusive right to create links to the home page of the Website solely for private, non-commercial use. Websites that include a link to our Web Site (i) may not imply that the COMPANY recommends that website or its services or products; (ii) may not misrepresent its relationship with the COMPANY or state that the COMPANY has authorised such a link, nor include trademarks, names, trade names, logos or other distinctive signs of the COMPANY; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, inciting to violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Web Site other than the home page; (v) must link to the Web Site address itself, without allowing the linking web site to reproduce the Web Site as part of its web site or within one of its “frames” or create a “browser” on any of the pages of the Web Site. The COMPANY may request, at any time, that you remove any link to the Web Site, after which you must immediately proceed to remove the link. The COMPANY cannot control the information, contents, products or services provided by other web sites that have established links to the Web Site.
Accordingly, the COMPANY assumes no liability whatsoever for any aspect of such websites.
You can consult the information about cookies by accessing this link.
9. Duration and termination
The provision of the service of this Web Site and the other services have in principle an indefinite duration. However, the COMPANY may terminate or suspend any of the services of the portal. When it is possible, the COMPANY will announce the termination or suspension of the provision of the specific service.
10. Declarations and Guarantees
In general, the contents and services offered on the Website are for information purposes only. In the event that the products or services reflected on the website are made available to the user, the provisions of the corresponding general contracting conditions shall apply.
11. Force majeure
The COMPANY shall not be liable in all cases of impossibility to provide service, if this is due to prolonged interruptions of the electricity supply, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous events.
12. Dispute resolution. Applicable law and jurisdiction
These General Conditions of Use, as well as the use of the Website, shall be governed by Spanish law. In the event of litigation, the contracting parties agree to submit to the Courts and Tribunals of the consumer’s domicile, provided that the same is located in Spanish territory. Otherwise, in the case of a non-consumer user or a consumer located outside Spanish territory, the submission will be to the courts and tribunals of the city of the COMPANY’s domicile. The party in breach of contract will assume the judicial and extrajudicial costs arising from the claim, including the costs of lawyers, solicitors, etc.
In the event that any provision of these General Conditions of Use is unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity shall not render these General Conditions of Use unenforceable or void as a whole. In such cases, the COMPANY shall modify or replace such provision with one that is valid and enforceable and that, to the extent possible, achieves the objective and intent reflected in the original provision.