The website https://solarcircle.es/ (hereinafter, the “Website”) belongs to SOLARCIRCLE SPAIN SL. (hereinafter, “SOLARCIRCLE”) with Tax ID (N.I.F.) B19967744 and registered office at Gran Via de les Corts Catalanes 672, 08010 Barcelona, Spain, duly registered in the Mercantile Registry of Barcelona. The User, by using the Website, accepts these terms and conditions of use (hereinafter, the “Terms and Conditions of Use”) and undertakes to use the Website, as well as the services and content hosted, in accordance with these Terms and Conditions of Use and under his/her sole and exclusive responsibility. 

1. IDENTIFICATION OF THE PARTIES

The Terms and Conditions of Use are entered into, on the one hand, between SOLARCIRCLE and, on the other, the end user interested in the services offered through the Website (hereinafter, the “User”) whose personal data are those that he/she has provided through the Website and/or those derived from the previous relationship with SOLARCIRCLE. Access and/or use of this Website gives the person the condition of User, who accepts, based on such access and/or use, the Terms and Conditions of Use reflected herein. The aforementioned Terms and Conditions of Use shall be applicable regardless of the General Contracting Conditions that may be mandatory.

2. PURPOSE AND SCOPE

These Terms and Conditions of Use regulate the access, browsing and use of the Website by the User. By accessing and/or using the Website, the User accepts the Terms and Conditions of Use of SOLARCIRCLE and does so at his/her own risk. The User undertakes to use the contents, information and data of the Website in accordance with these Terms and Conditions of Use, with the rest of the policies accessible through the Website, with the applicable regulations, with the generally accepted good customs and with public order.

3. AVAILABILITY OF THE WEBSITE

The Website is available to all Users who have access to the Internet. SOLARCIRCLE makes every effort to make the Website available at all times. However, access to the Website is made through an Internet connection, so its quality and availability may be altered by factors beyond SOLARCIRCLE’s responsible control. 
SOLARCIRCLE shall not be liable for the non-availability of the Website, for the impossibility and/or difficulties of downloading or for accessing the content, or for any other failure in the communication system that could cause its non-availability. 

4. ACCESS AND USE OF THE WEBSITE 

4.1. ACCESS TO THE WEBSITE 

Access to and use of the Website is free, except for the charge for the connection through the telecommunications network provided by the access provider contracted by each User. Access to the Website, as well as the non-consensual use that may be made of the information contained therein is the sole responsibility of the person making it. 

4.2. USE OF THE WEBSITE 

The User assumes responsibility for the use of the Website. This responsibility extends to the registration that is necessary to access certain services or content. In this registration, the User shall be responsible for providing truthful and lawful information. As a consequence of this registration, the User may be provided with a password for which he/she shall be responsible, undertaking to make diligent and confidential use of it. 
SOLARCIRCLE shall not be liable for any consequence, damage or harm that may arise from such access, use or breach of these Terms and Conditions of Use, nor shall it be responsible for any security errors that may occur or for any damages that may be caused to the User’s computer system and/or mobile operating system (hardware and software) or to the files or documents stored therein as a result of: (i) the presence of a virus on the User’s device used to connect to the services and/or products offered by SOLARCIRCLE through the Website; (ii) a malfunction of the browser; and (iii) the use of non-updated versions thereof. 

5. RULES OF USE OF THE WEBSITE FOR USERS 

SOLARCIRCLE reserves the right to cancel the account of the registered User, and may proceed to the termination of this contract. In particular, cancellation as a User may be made in the event of detecting the breach of any of the contractual obligations assumed herein, as well as in the event of observing a use of the Website contrary to these Terms and Conditions of Use, the Privacy Policy, Cookies Policy and/or the uses of good faith generally accepted in the sector. In any case, SOLARCIRCLE shall not be responsible for the opinions expressed by users through forums, chats, or other participatory tools. 
In this sense, the User undertakes to: 

• Provide truthful information about the data requested in the forms provided by SOLARCIRCLE for access to certain content or services offered through the Website and to keep them updated. SOLARCIRCLE reserves the right, without prejudice to other legal measures at its disposal, to withdraw, deny or suspend access to the Website, if the data provided are or may be false, inaccurate or misleading. In any case, the User shall be fully responsible for those data or contents that he/she transmits or communicates to SOLARCIRCLE. In this sense, the User assumes responsibility for any damages that may arise from the improper use thereof. 

• Not to use the Website or any of the elements making it up, to develop timeshare operations, to become a provider of software application services insofar as they are aimed at making possible the access of third parties to the platform or to any of its components, through rental transactions, administrative services or any other of a similar nature, sharing them or making them available to third parties. 

• Not to use the Website to collect personal data from other Users. 

• Not to use the Website as a system for the management and exchange of information and/or illegal documentation, contrary to morality or public order, contrary to copyright and/or industrial property. 

• Not to carry out acts of reverse engineering, requirements gathering and other activities aimed at developing an online platform identical or similar to the one made available by SOLARCIRCLE, and this activity may be considered an act of unfair competition and infringement of the intellectual and industrial property rights that SOLARCIRCLE holds over the Website. 

• Not to subject the Website to workloads that are clearly aimed at its destabilization, including denial-of-service (DDoS) attacks or similar situations. If this type of situation is detected, the service level indicated above shall not be applicable, it being considered an emergency situation. 

• Not to withdraw, delete, alter, manipulate or in any way modify those notes, captions, indications or symbols that SOLARCIRCLE, as the legitimate owner of the rights, incorporates into its properties in terms of intellectual or industrial property (for example, copyright, ©, ® and TM), either on the platform itself or in the associated material. 

• Not to cause damage to the physical and logical systems of SOLARCIRCLE, its suppliers or third parties; introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage. 

• Inform SOLARCIRCLE of any fact or situation that has occurred that could jeopardize the security in the access by authorized users. 

• Not to impede the normal development of an event, competition, promotion or any other activity available through the Website, either by altering or trying to alter, illegally or in any other way, its access, participation or operation, or falsifying the result thereof and/or using fraudulent participation methods, through any procedure, and/or through any practice that infringes or violates in any way these Terms and Conditions of Use. 

• Refrain from using the contents of the Website for purposes or effects that are illicit, prohibited or contrary to those established herein, harmful to the rights and interests of SOLARCIRCLE, other users, third parties or that in any way may damage, disable, overload or deteriorate this Website or prevent its normal use or enjoyment by its users. 

• Refrain from forcing failures or security breaches on the Website. 

6. LINKS TO OTHER WEBSITES

These Terms and Conditions of Use do not apply to links and/or websites of third parties that can be accessed through the Website. Nor are the Privacy Policy and the Cookies Policy present on the Website applicable. In the event of accessing other networks or computer resources, the User agrees to be subject to the provisions of the corresponding privacy policies. Consequently, SOLARCIRCLE is not responsible for the content or the security measures adopted by them. Likewise, the absence of viruses or other elements of the contents linked from the Website that may cause alterations in the computer system (hardware and software) in the documents or files of the User is not guaranteed, excluding SOLARCIRCLE from any liability derived from damages of any kind caused by all the above. In any case, SOLARCIRCLE shall proceed to the immediate removal of any link when the contents to which it redirects may contravene national or international legislation, morality or public order. Likewise, the inclusion of these external connections shall not imply any type of association, merger or participation with the connected entities.

7. DISCLAIMER OF WARRANTIES AND LIABILITY

SOLARCIRCLE does not guarantee the permanent availability of the services offered on the Website, although it shall use its best efforts to guarantee the regularity and proper functioning thereof. Therefore, SOLARCIRCLE declares that it has adopted and shall adopt all the necessary and reasonable measures, within its possibilities and the state of technology, to guarantee the correct functioning of the Website. However, SOLARCIRCLE does not assume any liability for any damages that may arise from disconnections, interferences or interruptions that may occur in accessing or browsing the Website, nor for any damages that may arise for the User or for third parties from the existence and spread of computer viruses or other harmful elements. SOLARCIRCLE  does not assume any liability for any errors or omissions that may exist in the content of the Website, nor for the actions that the User may perform on the basis of said content. 

8. MODIFICATION OF THE TERMS AND CONDITIONS OF USE

SOLARCIRCLE reserves the right to make, without prior notice, the modifications it deems appropriate in these Terms and Conditions of Use, it being the User’s responsibility to read them carefully, each time he/she wishes to use the Website in order to check or verify the existence of modifications or changes to them, taking as a reference the date of the last update. SOLARCIRCLE may change, delete or add both the contents and services provided through it and the way in which they are presented or located on the Website. 

9. INTELLECTUAL AND INDUSTRIAL PROPERTY

The User acknowledges and accepts that all industrial and intellectual property rights of the Website, including the contents and/or any other elements included by SOLARCIRCLE on the Website (including, by way of example and not limitation, all those elements that form the visual appearance, graphic image and other sensory stimuli that make up the Website or “look and feel”, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, browsing architecture, as well as source codes), belong exclusively to SOLARCIRCLE and/or to the third parties who have legitimately assigned their rights to it. For this purpose, Website shall be understood as all those creations incorporated and expressed by SOLARCIRCLE by any means and/or tangible or intangible support, known or to be known, that is subject to protection by the current intellectual and industrial property regulatory provisions.  

The mere visualization, printing, downloading or temporary storage, either in whole or in part, of the contents and/or the elements included by SOLARCIRCLE on the Website exclusively for personal, private and non-profit use by the User are authorized, provided that, in any case, their origin and/or author is indicated and that, where appropriate, the copyright symbol and/or industrial property notices of their owners appear. Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted for this purpose by SOLARCIRCLE or the third-party owner of the affected rights.  

It is strictly forbidden to use such elements, as well as their total or partial reproduction, communication and/or distribution for commercial or lucrative purposes, as well as their modification, alteration, decompilation and/or any other action in using the Website and, whose image and exploitation rights belong to SOLARCIRCLE. For any use other than those expressly permitted, it shall be necessary to obtain the prior written consent of the holder of the rights in question. These Terms and Conditions of Use do not confer on the User any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website, and/or of its contents other than those expressly provided herein. Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted for this purpose by SOLARCIRCLE or the third-party owner of the affected rights. 

Without prejudice to all the foregoing, if the User considers that any content of the Website could infringe intellectual and industrial property rights, we ask to be informed as soon as possible, through an email sent info@solarcircle.es. 

10. DATA PROTECTION

SOLARCIRCLE complies with the provisions of Regulation (EU) 2016/679 on General Data Protection (hereinafter, “GDPR”), Organic Law 3/2018 on the Protection of Personal Data and guarantee of digital rights (hereinafter, “LOPDGDD”) and other regulations in force at all times, and ensures the correct use and processing of the User’s personal data. 
Therefore, each time the Website is accessed, the User must accept the Terms and Conditions of Use and the Privacy Policy in order to use the Website, which informs him/her about who is responsible for the processing, the purpose of the processing, the type of data, storage periods, data communications to third parties, the possibility of exercising his/her rights of access, rectification, deletion, opposition and revocation of consent, among others. For more information on the processing of your personal data, please consult our Privacy Policy. 

11. COMMUNICATIONS

SOLARCIRCLE shall contact the User by email or provide information by posting notices on the Website. For contractual purposes, the User agrees to the use of this electronic means of communication and acknowledges that any contract, notification, information and other communications that we send electronically comply with legal requirements. The communications sent by the User to us, should preferably be sent by email to info@solarcircle.es. Written communication can also be sent addressed to SOLARCIRCLE at Rambla de Catalunya 25, 08007 Barcelona, Spain, REF: “SOLARCIRCLE Website”. 

12. APPLICABLE LAW AND COMPETENT JURISDICTION

Current regulations shall determine the governing laws and jurisdiction which shall apply to the relations between SOLARCIRCLE and the User. However, in those cases in which said current regulations provide for the possibility for the parties to submit to a specific jurisdiction, SOLARCIRCLE and the User, expressly waiving any other jurisdiction that may correspond to them, shall submit to Spanish legislation and the Courts of Barcelona.