The services are provided by CHARTERDART BARCELONA S.L. (hereinafter referred to as “CHARTERDART”), a Spanish company with registered address at C/Escar 26 (Gallery Building), 08039 Barcelona, Spain.
1.1. Access to the Services
1.1.1. These general terms and conditions of use (“General Terms and Conditions of Use”) shall govern the use of the website www.CHARTERDART.com and related platform (“Website”), which belongs to CHARTERDART. The purpose is to provide information about the activity of the Company and enable the use of the services offered by CHARTERDART (“Service” or “Services”), consisting in the creation of different types of online documents or forms (hereinafter referred to as “CHARTERDART Forms”) and, where appropriate, the subsequent storage of the same.
1.2. Agreement to the General Terms and Conditions of Use and, where appropriate, the Specific Conditions
1.2.1. By accessing the Services, you, the User, agree to these General Terms and Conditions of Use so please read them carefully before using them. If you do not agree to these General Terms and Conditions of Use, please do not use the Services, the CHARTERDART or its contents.
1.2.2. Some of the above-mentioned Services may be subject to specific conditions established at any time. From now on, such conditions, or any other specific conditions for the Services offered on the Website at any time, shall be referred to as “Specific Conditions”.
1.2.3. In addition, CHARTERDART informs the users of the Services that these General Terms and Conditions of Use and the Specific Conditions to the Service can be modified or amended at any time. Therefore, CHARTERDART will provide the User with reasonable prior written notice of any change. If the User does not want to agree to any changes made, the User should stop using that Service, because by continuing to use the Services the User indicate their agreement to be bound by the updated terms.
1.3. Services Use. Legal age
1.3.1. The User declares that he or she is at least eighteen (18) years of age and has sufficient capacity to be bound by these General Terms and Conditions of Use and the Specific Conditions when appropriate. The User also commits to use the Services and the information contained therein properly, and to comply with any given applicable regulation.
2.1. Registration and use of electronic signature
2.1.2. The User must activate a username and password in order to fully use and enjoy some of the Services. This identification system shall have the status of electronic signature of the User in every way when dealing with CHARTERDART and the rest of the users of the Services (“Electronic Signature”).
2.1.3. The Electronic Signature of each User shall be personal and non-transferable. The User is obliged to inform CHARTERDART of any changes to his or her personal data and is responsible for preventing unauthorized access and/or use of the Electronic Signature by a third party on his or her behalf. In addition, the User shall be solely responsible for the choice, loss, theft or unauthorized use of any code or password, and the consequences derived therefrom.
2.1.4. In any case, the User shall be responsible for using the Services properly and safekeeping the Electronic Signature and shall refrain from using the Electronic Signature for illicit purposes or for any purpose that violates these General Terms and Conditions of Use or any Specific Conditions.
2.2. Creating an Account
2.2.1. By creating a CHARTERDART Account, you agree to: (i) provide true, accurate, current, and complete information about yourself, as prompted by the Service’s registration form (the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (iii) provide, if applicable, a valid payment method for paying any fees associated with the Service; (iv) use only the CHARTERDART Account you created to access the Service; (v) not allow your CHARTERDART Account to be used by anyone else to access the Service; and (vi) not use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account.
2.2.3. You hereby consent to the use of your activities on the Service by CHARTERDART to optimize the availability and presentation of Content to you. In the case of a BASIC account, you also hereby consent to share such activities with other users of the Service.
2.3. Account contested by 2 or more parties
2.3.1. In the case of an account being contested by 2 or more parties, CHARTERDART will determine whom to grant ownership of the account to in the following way:
2.4. User responsibility in connection with Respondents
2.5. Termination of your CHARTERDART Account
2.5.1. You may terminate your CHARTERDART BARCELONA Account at any time by using the account termination option If you terminate your CHARTERDART Account you may still be able to access certain portions of the Service, but you will not have access to certain features and Content that are available to CHARTERDART Account holders.
2.5.2. We may also terminate your CHARTERDART Account, or impose limits on or restrict access to parts or all of the Service at any time, without notice or liability. In the event that your CHARTERDART Account is terminated, we will cease charging you any fees.
3.1. Fees for Services
3.1.1. CHARTERDART reserves at any time the right to require payment of fees for certain or all Services. You shall pay all applicable fees (including any processing fees), as described on the Specific Conditions in connection with such Services selected by you.
3.1.2. By continuing to use or access the Services after such changes come into effect, you agree to be bound by the new or increased charges. Any fees paid hereunder are non-refundable, except as provided in these General Terms and Conditions of Use, in the Specific Conditions or when required by law.
3.2. Failure to pay fees
3.2.1. Failure to pay fees (including any overage fees) when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements).
4.1. Prohibited activities While using the Service, you agree not to engage in any of the following prohibited activities:
4.2. No reverse engineering In particular, you agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the CHARTERDART, Services or Contents.
5.1. Sharing through Social Media and third parties platforms
5.1.1. The Service may include functionality that may share publicly available content on CHARTERDART without our consent.
5.1.2. Social Media or third parties platforms are not partners or representatives of CHARTERDART and CHARTERDART is not responsible for the acts or omissions of any Social Media or third party platform in connection with your account with the applicable Social Media or third party platform.
5.2. Compliance with Social Media or third party platform Policies
7.1. All Website contents other than User Content (including but not limited to databases, images, photographs, patents, utility and industrial models) are the property of CHARTERDART BARCELONA or its content providers, in which case those contents have been licensed to CHARTERDART BARCELONA, and they are protected by Spanish or international regulations governing industrial and intellectual property. The compilation (that is, the collection, design, sorting and assembling) of the contents of the Website is exclusively owned by CHARTERDART BARCELONA and is protected by the applicable laws governing industrial and intellectual property.
7.2. All the software utilized for the use and development of the Services is the property of CHARTERDART or its software providers, and is protected by the laws governing industrial and intellectual property.
7.3. All brands, labels, distinguishing symbols or logos that appear on the Services are the property of CHARTERDART and are duly registered or in the process of registration. The names of other products, services and companies that appear in this document or in the Services may be brands or other distinguishing symbols registered by each of their rightful owners.
7.4. All texts, graphs, drawings, videos or audio supports are the property of CHARTERDART or its content providers, and they cannot be modified, copied, changed, reproduced, adapted or translated by the User or a third party without the express authorization of the owners of such contents.
7.5. The fact that CHARTERDART makes available to the users the information, databases, images, photographs, patents, utility and industrial models, drawings, graphs, text files, audio files, video files and software owned by CHARTERDART or its content providers that appear in the Services, does not mean, in any case, the assignment of their ownership or any right of exploitation in favour of the User, other than the rightful use of the Services consistent with its purpose.
7.6. It is strictly prohibited to use the contents of the Services without the authorization of CHARTERDART. This prohibition includes the exploitation, reproduction, publishing, transformation, distribution, transmission by any means, subsequent publication, exhibition and public communication, or representation of such contents in whole or in part. The occurrence of any of these shall constitute a breach of CHARTERDART’s intellectual property rights, and shall be punished according to applicable laws.
8.1. The User accepts that the Services may display content provided by others that is not owned by CHARTERDART. Such content is the sole responsibility of the entity that makes this content available. Correspondingly, you are responsible for your own content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. CHARTERDART is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.
8.2. The User acknowledge that, in order to ensure compliance with legal obligations, prevent phishing or fraud or when unlawful content is reported to us, CHARTERDART may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms and Conditions of Use. CHARTERDART reserves the right to modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms and Conditions of Use or any Specific Condition. However, the User accepts that CHARTERDART has no obligation to monitor or review any content submitted to the Services.
9.1. CHARTERDART may, when applicable, embed CHARTERDART on third-party web pages or platforms, and publish links in its Services to internet websites maintained by third parties. CHARTERDART assumes no liability derived from the connection to or the contents of hyperlinks to third party websites or platforms, nor does their existence imply that CHARTERDART supports, promotes, guarantees or recommends the linked websites or platforms.
9.2. Likewise, any third party who wishes to link its website to the Website must obtain the express written consent of CHARTERDART. In any case, CHARTERDART does not assume any liability derived from the connection to or the contents of third parties’ hyperlinked websites to the Website.
10.1. THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CHARTERDARTAND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND ALL OWNERS OF THE CONTENT (COLLECTIVELY, THE “CHARTERDART PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE CHARTERDART PARTIES DO NOT WARRANT THAT USE OF THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICE OR THE CONTENT WILL BE CORRECTED, THAT THE SERVICE OR CONTENT OR THE SERVERS THAT MAKE THE SERVICE AND THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DESCRIPTIONS OF THE SERVICE OR THE CONTENT ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
10.2. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE CHARTERDART PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY, OR FAILURE TO STORE OR TRANSFER ANY CONTENT OR PERSONALIZATION SETTINGS.
11.1. YOU UNDERSTAND AND AGREE THAT THE CHARTERDART PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A CHARTERDART PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SERVICE OR THE CONTENT.
12.1. Please report problems and policy violations to us by linking to our Abuse report CHARTERDART. We reserve the right, but have no obligation, to remove any Content from the Service at any time in our discretion.
12.2. In addition, without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate the Service and CHARTERDART Accounts, prohibit access to the Service or the Content, and take technical and legal steps to keep users from using the Service or the Content, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
13.1. You agree to indemnify and hold the CHARTERDART BARCELONA Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (A) your use of the Service or the Content; (B) your violation of these Terms of Service; or (C) your violation of any law or your violation or infringement of any rights of another party.
14.1. The access to and use of the Services shall be governed and construed in accordance with Spanish law.
14.2. Any dispute that may arise from or in connection to CHARTERDART and the Services users shall be settled in the Courts of Barcelona, Spain. To this end, the parties expressly renounce their own jurisdiction and submit to the jurisdiction of the Courts of Barcelona, Spain.
YOUR PRIVACY IS IMPORTANT TO US
4.1. You have the right to access, rectify, cancel, and object to the processing of your personal data by directing any such requests to CHARTERDART BARCELONA, S.L. to the address C/Escar 26 (Gallery Building), 08039 Barcelona, Spain, as stated in the applicable privacy laws. In order to make things easier for you, and without prejudice to the legal requirements CHARTERDART must comply with under the laws, CHARTERDART allows you to exercise the above-mentioned rights by linking to our Privacy Report of CHARTERDART.
5.1. CHARTERDART USERS As a User, we collect information relating to you and your use of our Services from a variety of sources:
(i) Information we collect directly from the User
(ii) Information we collect about the User indirectly or passively when interacting with us
5.2. CHARTERDART BARCELONA RESPONDENTS
As a Respondent, when you respond to CHARTERDART hosted by CHARTERDART, we collect, on behalf and upon instructions of the CHARTERDART Users, information relating to you and your use of our services from a variety of sources:
(i) Information we collect directly from the Respondent: CHARTERDART responses
(ii) Information we collect about the Respondent from other sources
6.2. We also use your information to review, investigate, and analyze how to improve the services provided. We may also collect and analyze your data to monitor, maintain and improve our services and features.
6.3. We internally perform statistical and other analysis on information we collect (including usage data, device data, referral data, question and response data, and information from page tags) to analyze and measure user behavior and trends, to understand how people use our services, and to monitor, troubleshoot, and improve our services, including to help us evaluate or devise new features.
6.4. We may use your information for internal purposes designed to keep our services secure and operational, such as testing purposes, troubleshooting, to prevent abusive activity (i.e. fraud, spam, phishing activities), and for service improvement, research, and development purposes.
6.6. Likewise, we collect your personal data for the purposes of answering your questions and provide you CHARTERDART tips and news regarding CHARTERDART by any means, including email and similar means of electronic communication. In order to customize such information and commercial communications as much as possible, CHARTERDART may use statistical techniques that allow the creation of user profiles and data segmentation. If you do not wish to receive such information and commercial communications, regardless of the form of communication used, please inform us of your decision free of charge through the above-mentioned means to exercise your rights, and in any case, by means of the box that follows. Your agreement to receive information can be revoked at any time, but such revocation shall not be retroactively applicable.
If you do not wish to receive the above-mentioned information and commercial communications, let us know by contacting us using the “Contact Us” link on our Help Center: https://www.charterdart.com/help/
6.8. Your data is not disclosed to any third party except (i) for providing the services you requested and for which CHARTERDART collaborates with third parties, (ii) when we have your permission, (iii) when it is required by a competent authority in the exercise of its duties (for example in order to investigate, prevent, or take action regarding illegal activities), or (iv) as otherwise required by law.
6.10. If ownership of all or substantially all of our business changes, or we undertake a corporate reorganization (including a merger or consolidation), or any other action or transfer between CHARTERDART entities, you expressly consent to CHARTERDART transferring your information to the new owner or successor entity so that we can continue providing our services. If required, CHARTERDART will notify the applicable data protection agency in each jurisdiction of such a transfer in accordance with the notification procedures under applicable data protection laws.
7.1. A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity throughout the CHARTERDART Service and that information helps us to understand your preferences and improve your experience.
8.1. You may cancel your account and you may opt out of receiving any emails from CHARTERDART at any time at our Contact Us page. Deleting your account will cause all the CHARTERDART data in the account to be permanently deleted from our systems within a reasonable time period, as permitted by law and will disable your access to any other services that require a CHARTERDART account. We will respond to any such request, and any appropriate request to access, correct, update or delete your personal information within the time period specified by law (if applicable) or without excessive delay. We will promptly fulfill requests to delete personal data unless the request is not technically feasible or such data is required to be retained by law (in which case we will block access to such data, if required by law).
8.2. You may modify your personal information by logging in and visiting your settings on the “My Account” page and “Plan + Billing” page, following the instructions provided, or going to our “Contact Us” page.
8.3. We encourage you to promptly update your personal information when it changes. Information concerning your past behavior with the Service may be retained by CHARTERDART as long as necessary for the purposes set out below.
CHARTERDART BARCELONA| Cookies Policy
CHARTERDART BARCELONA S.L., the company that manages the website www.charterdart.com and all its properties, utilizes cookies to enhance online user experience (just like nearly every other website on the Internet today). Below, you will see detailed information about what types of cookies CHARTERDART uses, how to disable these cookies, and also how to disable third-party cookies. If you cannot find the specific information that you are looking for or if you have any questions or concerns, please feel free to contact us anytime at the email address on our “Contact Us” page.
Cookies are small text files that are generated by the website that you are viewing, allowing the website to store information as you navigate web pages. These text files contain session data that can be useful to improve your browsing experience. All of the cookies used by CHARTERDART are safe for your computer and they only store information that is used by the browser. These cookies cannot execute code and cannot be used to access content on your computer. Many of these cookies are necessary to ensure the proper functioning of the website. They do not contain malware or viruses. Other cookies improve user experience by storing site preferences, language preferences, as well as information about previously viewed content. This information is stored by cookies and used to enhance user experience, such as identifying and resolving errors and navigation problems
You can allow, eliminate, or block cookies in your computer’s configuration settings according the internet browser you are using. In certain cases, some web services will be blocked when certain cookies are not allowed to operate correctly or when they are blocked by the consumer. These links explain how to deactivate or block cookies in common web browsers:
– Internet Explorer: http://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies
– Safari: https://support.apple.com/en-us/HT201265
– Chrome: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en
– Firefox: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored
– Opera: http://www.opera.com/help/tutorials/security/cookies/
– Android: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DAndroid&hl=en-GB&oco=1
– Windows Phone: http://windows.microsoft.com/en-us/windows7/block-enable-or-allow-cookies
– Blackberry: https://supportforums.blackberry.com/t5/Web-and-WebWorks-Development/How-to-Enable-browser-cookies-for-a-blackberry-browser/td-p/211133
If you do not want your information used for the purpose of serving you targeted ads, you may opt-out by clicking here. It may also be helpful to view the link http://www.youronlinechoices.com/. Here you can find useful information about how to configure cookie usage by website, as well as set general cookie preferences for your browser, including preferences for third-party cookies and advertising cookies.