Last Updated on June the 1st of 2016. These terms and conditions are effective immediately for those registering accounts after that date and will become effective April the 1st of 2016 for those with pre-existing accounts.
These terms and conditions (the "Terms") govern your access to and use Gloocall’s websites and mobile applications that link to or reference these Terms ("Site"). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with GLOOCALL MICCA GROUP, SL. With headquarters in Marbella, Málaga, Spain (“Gloocall”). Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
"You" and "your" refer to you, as a Gloocallist user of the Site. A "Gloocallist user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site and the APP. "We," "us," and "our" refer to Gloocall”.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication.
"Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile.
"User Content" means Content that users submit or transmit to, through, or in connection with the Site.
"Gloocall Content" means Content that we create and make available in connection with the Site.
"Third Party Content" means Content that originates from parties other than Gloocall or its users, which is made available in connection with the Site.
"Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Gloocall Content.
2. CHANGES TO THE TERMS OF SERVICE
We may modify the Terms from time to time. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
3. OTHER LANGUAGES
In countries with Gloocall representatives on site we will have translation of Gloocall terms for your convenience. Nevertheless, the English version governs Gloocallist relationship with Gloocall, and any inconsistencies among the different versions will be resolved in favor of the English version.
4. USING THE SITE
A. Eligibility: To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.
B. Permission to Use the Site: We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
C. Site Availability, The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
E. Communications from Gloocall and other Users: By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive notifications of events and offers around you in your APP. You will also receive newsletters about happenings around you or places of interest.
A. Responsibility for Your Content: You alone are responsible for Your Content, and once published, it can be withdrawn till proven right. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Gloocall. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
B. Our Right to Use Your Content:We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Gloocall and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
C. Ownership: As between you and Gloocall, you own Your Content. We own the Gloocall Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Gloocall Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Gloocall Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Gloocall Content are retained by us.
D. Advertising: Gloocall and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
E. Other: User Content (including any that may have been created by users employed or contracted by Gloocall) does not necessarily reflect the opinion of Gloocall. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
A. You agree not to, and will not assist, encourage, or enable others to use the Site to:
i. Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
ii. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
iii. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
iv. Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by Gloocall;
v. Send bulk emails, surveys, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;
vi. Solicit personal information from minors, or submit or transmit pornography; or
vii. Violate any applicable law.
B. You also agree not to, and will not assist, encourage, or enable others to:
i. Violate the Terms;
ii. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Gloocall;
iii. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
iv. Reverse engineer any portion of the Site or APP;
v. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
vi. Record, process, or mine information about other users;
vii. Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
viii. Reformat or frame any portion of the Site;
ix. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Gloocall’s technology infrastructure or otherwise make excessive traffic demands of the Site;
x. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
xi. Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
xii. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
xiii. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
xiv. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
7. GUIDELINES AND POLICIES
A. Content Guidelines: You represent that you have read and understood our Content Guidelines.
C. Copyright and Trademark Disputes: If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice with the following information:
i. Identification of the copyrighted or trademarked work that you claim has been infringed;
ii. Identification of the allegedly infringing content, and information reasonably sufficient to permit Gloocall to locate it on the Site (e.g., the URL for the web page on which the content appears);
iii. A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law;
iv. A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner's behalf; and
v. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice with the following information:
i. Identification of the copyrighted or trademarked work that was removed, and the location on the Site where it would have been found prior to its removal;
ii. A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;
iii. A statement that you consent to the jurisdiction of Spain. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to Gloocall, or an agent of such person;
iv. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user's account if the user is determined to be a repeat infringer.
These terms and conditions ("Event Terms") govern attendance and participation in events listed on the Gloocall website and APP, including parties, promotions, and contests.
The term "Gloocall Event" means an event, gathering, promotion, contest, meet-up or the like that listed on the Gloocall website and APP.
In order to participate or attend a Gloocall Event, you must first agree to these Event Terms. If, after reading these Event Terms, you find that you cannot or will not agree to any terms or conditions within it, please do not RSVP or share to or attend any Gloocall Event. If you RSVP to any Gloocall through the Gloocall site or APP (e.g., by clicking "I'm going!" "RSVP," or messaging an event organizer), you signal that you have read, understand, and agree to these Event Terms.
A. TRANSLATIONS: Any inconsistencies among the different versions will be resolved in favor of the English version.
B. QUALIFICATIONS: You represent that (a) you are at least 21 years old (or otherwise over the legal drinking age in your jurisdiction), (b) you have the requisite power and authority to enter into these Event Terms, and (c) you have read and understood these Event Terms as well as Gloocall's Terms of Service and Content Guidelines
C. PHOTOS: Gloocall and its sponsors and vendors sometimes take photos and videos at Gloocall Events, and later use them for promotional purposes. By participating or attending any Gloocall Event, you agree that you may appear in some of these photos and videos, and you authorize their use in this fashion. On the flip side, if you take any photos or videos of attendees at a Gloocall Event and provide them to us, you authorize us to use them in the same fashion, and represent that the attendees that appear in your photos and videos have also consented to such use. We don't control Gloocall Events or the people that organize them. It's possible that organizers or attendees of Gloocall Events will take photos or shoot videos in which you appear and then post them online (including, possibly, the Gloocall site or APP).
D. ASSUMPTION OF RISK / RELEASE OF LIABILITY / INDEMNITY:
i. Assumption of Risk. Although we accredit all the companies so they comply with the law and try to create a safe environment at Gloocall Events, accidents or other bad things happen, even to good people. We ask that you do your part to help limit the possibility that you might get injured at a Gloocall Event. You agree to carefully consider the inherent risks in any activities that you choose to take part in and to take reasonable precautions before you choose to attend or participate at a Gloocall Event. For example, you should ensure that you are in good physical health before engaging in any physical activity at a Gloocall Event, and you should always drink responsibly given the risks associated with drunk driving and participating in activities while your judgment is impaired. Second, please note that some of the other Gloocall Event guests may be less responsible than you, and may themselves create additional risk to you despite their best intentions. In sum, you understand that your attendance and participation at Gloocall Events is voluntary, and you agree to assume responsibility for any resulting injuries to the fullest extent permitted under applicable law. By the same token, you agree that Gloocall is not responsible for any injuries or accidents that you might sustain at Gloocall’s Events listed on the Gloocall site and APP.
ii. Release of Liability. You (for yourself, your heirs, personal representatives, or assigns, and anyone else who might make a claim on your behalf) hereby release, waive, discharge and covenant not to sue Gloocall and its respective parent companies, subsidiaries, affiliates, officers, directors, partners, shareholders, members, agents, employees, vendors, sponsors, and volunteers from any and all claims, demands, causes of action, damages, losses or expenses (including court costs and reasonable attorneys fees) which may arise out of, result from, or relate in any way to your attendance at any Gloocall Event.
iii. Indemnity. By the same token, you agree to indemnify and hold Gloocall, its parents, subsidiaries, affiliates, officers, directors, employees, agents and representatives harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to, related to, or connected with your attendance or conduct at any Gloocall Event.
While we hope not to, Gloocall may prohibit your attendance at any Gloocall Event at any time if you fail to abide by these Event Terms, the Terms of service, or for any or no reason, without notice or liability of any kind. In the event of any termination, whether by you or us, Sections 1, 3-9 of these Event Terms will continue in full force and effect.
10. CHOICE OF LAW AND VENUE
Spanish laws will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and GLOOCALL (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, Málaga, Spain.
11. UNOFFICIAL GLOOCALL EVENT
We will only consider as Gloocall events the events that are listed in the Gloocall site or APP, as also all the official Gloocall Social Networks when specially promoted on the social networks.
12. GLOOCALL DEALS
By purchasing or redeeming a Gloocall Deals, you agree to be bound by the terms and conditions contained in this document.
Some important things to note:
i. The promotional value portion of a Gloocall Deal may only be used during the stated promotional period.
ii. The Merchant is the issuer of the Gloocall Deal and is solely responsible for its redemption, including all customer service related issues.
This section is for summary purposes only. Any conflict between them and the terms below will be resolved in favor of the terms below.
i. DEALS: "Gloocall Deals" are vouchers, discount codes, subscriptions, which are redeemable for products or services by the holder from the third party merchant identified thereon (“Merchant”).
ii. REDEMPTION: Gloocall Deals are issued and can only be redeemed by Merchant pursuant to the Gloocall Deals Terms. Under no circumstances may a Gloocall Deal be redeemed and/or refunded for more than the full value indicated thereon. Gloocallist further acknowledges and agrees that:
iii.Expiration: Gloocall Deals, expire only as to the promotional component, which may only be redeemed during the promotional period. The promotional period ends on the date indicated on the Gloocall Deal, or if no end date is indicated, one year from the date it is purchased.
iv. Event Tickets: Gloocall Deals which are redeemable for tickets to specific events are only valid for such events on the stated event date. These Gloocall Deals, and underlying event tickets do not retain any residual value after the event. Tickets for live entertainment or other ticketed events are refundable by Merchant only on the day of purchase unless the event is cancelled and not rescheduled by the venue or Merchant. Tickets for live entertainment or other ticketed events are not eligible for upgrades and are not transferable.
v. Roles and Responsibilities: Gloocall is not responsible for redeeming Gloocall Deals. You can contact related department thru the web/app to request a refund of the difference between the amount paid and any value you already received if Merchant refuses to honor your redemption for the full value required under applicable law. Please note that we may provide your name and the date and time of purchase to Merchant to assist Merchant with the redemption process.
vi. No Gratuity: A Gloocall Deal that is redeemable for a specified product or service does not include gratuity unless otherwise set forth on the Gloocall Deal.
Unless otherwise set forth in the Gloocallist Terms, permitted by the Merchant, or required under applicable law, the following additional restrictions apply:
i. Gloocall Deals may not be replicated, resold, or reused;
ii. Gloocall Deals are void if you attempt to redeem them in violation of the Gloocallist Terms;
iii.Minimum age is 18 years old to purchase a Gloocall Deal;
iv. Gloocall may void Gloocall Deals at any time by refunding the holder the amount paid less any value already received through redemption
14. NO WARRANTIES
Gloocall makes no warranties as to the merchant or the products or services that the merchant offers. Gloocall disclaims all warranties of quality, safety, usability, merchantability or fitness of any underlying product or service redeemed by you in connection with a Gloocall deal. no oral or written information or advice given by a Gloocall representative will create a warranty.
15. NO LIABILITY
you acknowledge and agree that the merchant, and not Gloocall, is responsible for issuing and redeeming your Gloocall deal (as well as the products and services for which it may be redeemed). as such, to the extent permitted under the law, you release Gloocall from any and all claims or liability related to the issuance or redemption of your Gloocall deal, including but not limited to any failure by the merchant to properly redeem or refund it, and any products or services that you receive from the merchant. to the extent permitted under the law, you agree to bring all claims, causes of action or disputes arising from your Gloocall deal against the merchant and not Gloocall.
neither you nor Gloocall will be liable to the other for any indirect, special, or consequential damages arising from any Gloocall deal or these consumer terms. in addition, neither you nor Gloocall will be liable to the other in the aggregate for any damages hereunder, regardless of form, in excess of the amount paid for the Gloocall deal.
You agree to defend, indemnify and hold harmless Gloocall, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to (i) your breach of the Gloocallist Terms, (ii) your use and access to Gloocall’s websites or mobile applications, which use is governed by the Terms of Service for Gloocallist, and (iii) any products or services for which you redeem your Gloocall Deal. This defense and indemnification obligation will survive these Gloocall Deal Terms and your use of Gloocall’s websites, mobile applications, and other services.
17. CHOICE OF LAW AND ARBITRATION
Any claim, controversy, cause of action or dispute that might arise between you and Gloocall ("Claim") will be exclusively governed by Spanish laws consistent with the Spanish Court of Arbitration without regard to conflict of law provisions or giving effect to any principles that may provide for the application of the laws of another jurisdiction. You agree that any subpoena, third-party discovery request, or other third-party process directed to Gloocall must issue from, or be domesticated by, courts located in Madrid, Spain. All Claims must be exclusively and finally resolved and settled by final and binding arbitration administered by and in accordance with the rules of the Spanish Court of Arbitration before a single arbitrator who is a member of the Spanish Court of Arbitration will be held in Madrid, Spain, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitrator will issue a ruling in writing, and will detail all findings of fact and law upon which the ruling was made. The arbitrator will not have the power to commit errors of law or legal reasoning, and the ruling may be vacated or corrected on appeal to a court of competent jurisdiction for such errors. The arbitrator’s ruling will otherwise be final and binding on all parties, and may be entered in any court of competent jurisdiction. NOTWITHSTANDING THE FOREGOING, FOR ANY CLAIM WHICH IS NOT SUBJECT TO ARBITRATION OR ANY DISPUTE AS TO THE ENFORCEABILITY OF THIS ARBITRATION PROVISION OR ITS APPLICABILITY TO A SPECIFIC CLAIM, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, MÁLAGA COURTS LOCATED IN SPAIN.THE TERMS AND CONDITIONS MUST BE CONSTRUED AS IF THEY WERE JOINTLY WRITTEN BY BOTH PARTIES. YOU AND GLOOCALL AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND GLOOCALL AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A CLAIM IMPLICATES THIS SUBSECTION (C), AND THIS SUBSECTION (C) IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT, SUCH CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.Notwithstanding anything to the contrary in the Gloocall Deals Terms, Gloocall may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Gloocall Deals Terms comprise the entire agreement between you and Gloocall relating to your Gloocall Deal, superseding all prior or contemporaneous written and oral agreements, representations or negotiations.
The final determination that any provision of the Gloocall Deals Terms is invalid or unenforceable will not invalidate them as a whole, and the Gloocall Deal Terms will be construed and performed in all respects as if such invalid or unenforceable provisions were omitted to the extent of such invalidity or unenforceability. Any invalid or unenforceable provisions will be replaced by mutually acceptable, valid and enforceable provisions that most closely reflect the intention of the parties underlying the invalid or unenforceable provisions.
Gloocall Deals are subject to the Gloocall Deals Terms that are in effect at the time of their purchase. You should read the applicable Gloocall Deals Terms in their entirety each time you purchase or redeem one.
19. THIRD PARTIES
The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
You agree to indemnify, defend, and hold Gloocall, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Gloocall Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site or APP, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Gloocall reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Gloocall. Gloocall will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
21. DISCLAIMERS AND LIMITATIONS OF LIABILITY
Please read this section carefully since it limits the liability of the Gloocall entities to you. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited. If you are unsure about this or any other section of these terms, please consult with a legal professional prior to accessing or using the site or app. By accessing or using the site or app, you represent that you have read, understood, and agree to these terms, including this section. You are giving up substantial legal rights by agreeing to these terms.
A. The site is made available to you on an "as is", "with all faults" and "as available" basis, with the express understanding that the Gloocall entities may not monitor, control, or vet user content. As such, your use of the site is at your own discretion and risk. The Gloocall entities make no claims or promises about the quality, accuracy, or reliability of the site, its safety or security, or the site content. Accordingly, the Gloocall entities are not liable to you for any loss or damage that might arise, for example, from the site's inoperability, unavailability or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews (including their content, order, and display), or metrics found on, used on, or made available through the site.
B. The Gloocall entities make no claims or promises with respect to any third party, such as the businesses listed on the site or the site's users. Accordingly, the Gloocall entities are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with one of the businesses listed or featured on the site. Your purchase and use of products or services offered by third parties through the site is at your own discretion and risk.
C. The Gloocall entities expressly disclaim all warranties, whether express or implied, including warranties as to the products or services offered by businesses listed on the site, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided to you by a representative of one of the Gloocall entities shall create a representation or warranty.
D. Your sole and exclusive right and remedy in case of dissatisfaction with the site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the site.
E. The Gloocall entities' maximum aggregate liability to you for losses or damages that you suffer in connection with the site or these terms is limited to the greater of (i) the amount paid, if any, by you to the Gloocall entities in connection with the site in the 12 months prior to the action giving rise to liability, or (ii) 100 euros.
F. The Gloocall entities disclaim liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data.
22. CHOICE OF LAW AND VENUE
SPANISH laws will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and GLOOCALL (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, Málaga, Spain.
B. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
24. GENERAL TERMS
A. We reserve the right to modify, update, or discontinue the Site and the APP at our sole discretion, at any time, for any or no reason, and without notice or liability.
B. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site or APP.
C. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
D. The Terms contain the entire agreement between you and Gloocall regarding the use of the Site and the APP, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
E. Any failure on GLOOCALL part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
F. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
G. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub licensable by you except with GLOOCALL’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
H. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Last Updated on May the 1st of 2016. These terms and conditions are effective immediately for those registering as new members after that date and will become effective from May the 1st of 2016 for those with pre-existing accounts.
These terms and conditions (the "Terms") govern your access to and use Gloocall’s websites and mobile applications that link to or reference these Terms. By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with GLOOCALL MICCA GROUP, SL. With headquarters in Marbella, Málaga, Spain (“Gloocall”). Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
1.1 The following words and expressions shall have the following meanings:
“Gloocall” means Gloocall Micca Group, S.L. a company registered in Spain (Málaga) with registration in protocol nº 547 whose registered in the Chamber of commerce of Málaga, Spain;
“Member” Company registered in the Gloocall Platform, that benefits of all the services depending on the different levels of subscription to Memberships meaning that the entity or individual has accepted these Terms;
“Contract” means Agreement signed by Gloocall and “Member” that binds both parties for a minimum period of time of 1 year; means confirmation by the “member” in writing (by email) that your order has been accepted;
“Site” means http://gloocall.com/;
“Terms” means these terms and conditions.
1.2 In these Terms
1.2.1 words in the singular include the plural meaning and words in the plural include the singular meaning; use of any gender includes the other genders;
1.2.2 headings are for reference only and do not affect the meaning or interpretation of these Terms;
1.2.3 any reference to “persons” includes natural persons, firms, partnerships, companies, corporations, associations, organizations, governments, states, foundations and trusts (in each case whether or not having separate legal personality).
2. Basis of contract
2.1 These Terms shall apply to the different memberships in the Gloocall platform, the differences in between the memberships will be established by private contract. The methodology in sales used to contact future members that finally sign the agreement doesn't change this terms.
2.2 When you complete the order form on the “add a Company” page of this Site and after accreditation process with one of our agents you may click “Make Payment”, or telephone Gloocall with details of your order, or a sales representative finalizes the sale, you have then passed the “Gloocall Accreditation process” which if accepted by Gloocall in accordance with these terms, will result in a binding contract.
2.3 Acceptance of the order and completion of the Contract shall take place on the date of the Member’s Order Acceptance.
3.1 Member agrees to pay all applicable charges under this Agreement
3.2 If placing an order on-line your credit/debit card will be debited with the cost of the memberships when Gloocall sends you an Order Acceptance unless Gloocall notifies you otherwise. Gloocall shall carry out the necessary card verification processes and check availability of the memberships on receipt of the order from the member. In the event that the Gloocall is unable to supply the Memberships for any reason, the Member shall be informed as soon as possible with the option to order alternative Memberships. In the event that the Member chooses not to order alternative Membership then a full refund shall be given if payment has already been made.
3.3 The price to be paid by the Member is the price that Gloocall and member have agreed on depending on what level of membership the member has chosen which will be signed by both parties on the private contract. There are different levels of membership and subsequently different levels of prices.
3.4 Payment can be made by bank transfer, credit card, SEPA, or any other payment method agreed and discussed with the member that is accepted by Gloocall.
3.5 Disputes: If Member has any questions or objections regarding charges to its credit card, or any other payment method it must promptly (within 30 days) notify Gloocall in writing (including electronic mail) and make a reasonable and good faith effort to resolve its objection before it disputes the charge with the credit card processing company or any other institution. Such notice must identify the amount in dispute and must provide in reasonable detail the basis for disagreement with any charges. If (a) Member fails to comply with these requirements BEFORE filing a dispute with the credit card processing company, or (b) member files a dispute with the credit card processing company that is not in good faith, member will be in material breach of this Agreement and Gloocall will be entitled to liquidated damages calculated as follows in addition to any equitable remedies available to it. Liquidated damages may include but not be limited to: all fees accrued up to the termination of this Agreement, plus attorney fees and costs, plus late fees on the foregoing at the legal rate of interest. For purposes of this paragraph, disputing payment because of inability to pay or because of member's failure to submit a proper notice of non-renewal by the applicable date shall not be considered to be a good faith dispute.
4. Term of Agreement
4.1 Gloocall may, at any time in its sole discretion, with or without cause, terminate this Agreement and/or cancel any membership submitted under this Agreement.
4.2 Auto-Renewal: Memberships will be automatically renewed for successive one-year terms, unless member notifies Gloocall by sending an email with the words 'CANCELLATION' in the subject line to firstname.lastname@example.org. Member shall deliver such notice at least sixty (60) days prior to the commencement of the next renewal term.
4.3 If Gloocall is unable to process member's credit card payment because the credit card has expired or is otherwise invalid, then Gloocall may contact member to obtain payment information and/or cancel member's membership and/or run the credit card with updated expiration date.
4.4 Gloocall will also may contact the member in case any other payment method that has been submitted for payment of annual or monthly membership doesn't go thru.
4.5 The cost of the renewed Listing will be the then-current standard rate. member's credit card, or other payment method used previously will be charged the non-refundable renewal fee in accordance with the terms of this Agreement.
5. Service Fees and Payment Terms
5.1 Member agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity.
5.2 Fees: member agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. If Member disputes any charge made under this Agreement, member must notify Gloocall by sending a detailed notice of dispute to Gloocall via email at: email@example.com within ten (10) days of the charge; failure to so notify Gloocall shall result in the waiver by member of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by Gloocall. No other measurements or statistics of any kind shall be accepted by Gloocall or have any effect under this Agreement. All payments made under this Agreement are non-refundable.
5.3 Late Payments: Any charges which are past due by more than thirty (30) days shall bear interest at the rate of one percent (1%) per month or the maximum rate permitted by applicable law, whichever is less, and member shall reimburse Gloocall for any costs and fees (including attorneys' fees) incurred by Gloocall in an effort to collect any amount due hereunder.
5.4 If cancellation of payments to Gloocall causes expenses to Gloocall, the member acknowledges that he will be responsible for that cancellation fee.
5.5 The minimum term of registration in Gloocall’s platform is one year, if member decides to finalize agreement earlier and consequently not continue with the payments Gloocall will have the right to pursue the rest of the payments for the remaining months thru legal external support.
6. Registration Process
6.1 In connection with the registration process, Member is required to submit registration information. Gloocall will use such information to create the profile of the member. Gloocall may disclose such information to its third party vendors and service providers in connection with conducting its business and providing and maintaining its site, and, in addition, in the good faith belief that such disclosure is reasonably necessary to (a) comply with the law or legal process; (b) enforce this Agreement; or (c) protect the rights or interests of Gloocall, its affiliates or related parties. Notwithstanding anything to the contrary herein, Gloocall may transfer, sell or assign such information to third parties as a result of a merger, consolidation or combination of Gloocall with another entity.
6.2 “Gloocall Events” means an event, gathering, promotion, contest, meet-up or the like that is published in the Gloocall platform. Member will upload thru their back-end access to Gloocall’s site the “Gloocall Events”, and Gloocall will have to approve them. The Gloocall events has to be presented in a professional way up to the standards of Gloocall. With good quality pictures or images and accurate information. The explanation of the event has to be simple and clear. Gloocall can never be liable for events organized by the business owner.
6.3 "Gloocall Deals" are vouchers, discount codes, subscriptions, which are redeemable for products or services by the Member. The deals have to be presented in a professional way up to the standard of Gloocall, with good quality images or pictures and the information and description of the product or service has to be extensive and accurate. Explaining in detail the product so there are no doubts. Gloocall can never be liable for Deals posted by the business owner. Member will upload thru their back-end access to Gloocall’s site the “Gloocall Deals”, and Gloocall will have to approve them.
7.1 Gloocall endeavors to protect the security of Member’s payment information during transmission by using Secure Sockets Layer ('SSL') when receiving payment information through the Gloocall’s website. It is important for Member’s to protect against unauthorized access to your password and your computer. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and Advertiser agrees to accept full responsibility for all activities conducted using Member’s account on Gloocall.
8. Warranties and liability
8.1 To fullest extent permitted under applicable law any indemnities, warranties, terms and conditions (express or implied) are hereby excluded.
8.2 Gloocall shall not be liable in contract, tort (including limitation negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms for any:
8.2.1 economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
8.2.2 loss of goodwill or reputation; or
8.2.3 special or indirect losses suffered or incurred by that party arising out of or in connection with the provision of any matter under these Terms.
8.3 Neither Gloocall nor its suppliers or vendors make any warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement), guaranties, representations, promises, statements, estimates, conditions or other inducements, express, implied, oral, written or otherwise. Gloocall obligations under this agreement are subject to delays caused by war, terrorism, act of god, embargoes, or any other circumstances beyond Gloocall's reasonable control. Member acknowledges that Gloocall site is operated on an 'as is', 'as available' basis, and that neither Gloocall nor its suppliers or vendors makes any representations or warranties of any kind whatsoever regarding the placement of listings or links or the performance or security of its web site or services.
8.4 In no event shall Gloocall or any of its vendors or affiliates be liable or responsible for any indirect, incidental, consequential, special or exemplary damages of any kind, including without limitation, lost profits or lost opportunities, even if advised of the possibility of such damages in advance and regardless of the cause of action upon which any such claim is based. In no event shall Gloocall's liability for any reason whatsoever exceed the fees paid to Gloocall by Member under this agreement during the six month period prior to the time the applicable claim accrued.
9. License and Intellectual Property Rights
9.1 Unless otherwise stated, the copyright and other intellectual property rights in all material contained on the web, APP or any other Gloocall product or presentation (including without limitation photographs and graphical images) are owned by Gloocall. For the purposes of this legal notice, any use of extracts from Gloocall’s web or APP or any other material document or presentation other than in accordance with the normal use of Gloocall Web, APP, social networks, for any purpose is prohibited. If you breach any of the terms in this legal notice, your Membership will automatically terminate and you will be responsible for direct or indirect damages you may cause including possible loses.
9.2 Any rights not expressly granted in these terms are reserved.
9.3 Member hereby grants to Gloocall a worldwide, limited, non-exclusive, non-transferable, royalty-free license to: (i) reproduce, distribute, transmit, display, perform, download, cache, store on its servers, and otherwise use Member's listings and submissions, and any portion thereof, including, without limitation, the trademarks, trade names, service marks and logos set forth therein, or as otherwise specified in writing by Member (collectively the 'Member Marks'), for purposes of providing the services covered by this Agreement; and (ii) incorporate in Gloocall's sites links provided by Member as part of its listings and submissions.
10. Miscellaneous provisions
10.1 This Contract shall be governed by the laws of Spain and any dispute will be resolved exclusively in the courts of Málaga.
10.2 The Company shall be under no liability for any delay or failure of the website, or otherwise perform any obligation as specified in these Terms if the same is wholly or partly caused whether directly or indirectly.
10.3 If any portion of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms shall not be affected.
10.4 These Terms do not create or confer any rights or benefits enforceable by any person that is not a party.
10.5 No delay or failure by Gloocall to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of Gloocall.
10.6 These Terms including the documents or other sources referred to in these terms and conditions supersede all prior representations undertakings and agreements between the Member and Gloocall relating to the use of this Site and APP (including the order form) and sets forth the entire agreement and understanding between the the Member and Gloocall.
11. Reservation of Rights
11.1 Member agrees that Gloocall retains all right, title and interest in and to Gloocall’s technology, services and other intellectual property rights. Member agrees that it will not reproduce, distribute, alter, modify, copy, edit, format, create derivative works of or otherwise use any materials, content or technology provided by Gloocall, except as explicitly provided herein or approved in advance in writing by Gloocall.