General Terms and Conditions of Use

Participating in this service will not trigger the automatic reception of free promotional messages from the service provider or their associated companies.

1 Purpose

The present document is intended to establish the General Terms and Conditions of Use of the present website (hereinafter shall be referred to as the "Website") owned by Interactive Marketing Consulting, SL NE (hereinafter shall be referred to as "Ikangoo"), with registered office at c/ Jaume Roig, no 28. Entlo. 3, Vila-real, Castellón, Spain, holder of Tax Identification Number B12765780, and registered in the Mercantile Register of Castellón, at Tome 1388, Book 2, Folio 104, Sheet 9- 28813, Entry no. 3.

The use of the Services is subject to acceptance and compliance with these Terms and Conditions of Use, reason why the User must refrain from using the Services in the event of disagreement thereof.

The present Terms and Conditions of Use do not exclude the possibility that certain Services of the present application, due to their particular characteristics, shall be subject to, in addition to the General Terms and Conditions of Use and other aforementioned policies, to its inherent particular terms and conditions of use (hereinafter shall be referred to as the "Particular Terms and Conditions").

2 Conditions of access and use of the present webpage

2.1. User Status

The simple access to the Services of the Website, the mere viewing and downloading thereof, or the use by the User of any of same, implies their adherence and express acceptance to all the General Terms and Conditions of Use, in the version published from the moment the User accesses the website, as well as the acceptance of any amendment made.

Access to Services is limited to Users who are owners of and have available a mobile telephone line with Etisalat.

The User who wishes to take a contract for the Services must carry out the corresponding registration, by accepting the present Terms and Conditions of Use by clicking the "OK AND SUBSCRIBE" button, or similar, predisposed by Ikangoo

The User hereby undertakes to make lawful and proper use of the Services and undertakes to comply with the prevailing applicable law and the present Terms and Conditions of Use. It shall correspond to the User to comply with the aforementioned rules, paying particular attention to Intellectual and Industrial Property rights, abstaining from using the services for illegal purposes or in a manner which harms or breaches the rights and interests of Ikangoo or third party owners thereof. The User shall be held solely liable for losses and damages of any nature whatsoever derivative from improper, illegal or unlawful use made of the Services.

2.2 Financial conditions

Access to the content and Services located on the Website is via payment, the User being subject to the specific financial conditions which at any given moment are published therein, Ikangoo reserves the right at any given moment to amend said financial conditions, to add new methods of payment or delete existing methods. The service cost shall be invoiced on a monthly basis, and shall be made on behalf of Ikangoo, by the Etisalat, by means of the inclusion of the cost of Services in the monthly invoice of the User.

The subscription to the Services is on a weekly basis, and renewals shall take place automatically every week, unless the User notifies Ikangoo by sending an email to support@ikangoo.com, call +34 900 907 349 or by simply pressing the deregistration button, as regards the intention of not continuing with the Services. From that moment the weekly period underway shall be complied with but the subscription shall not be renewed.

Ikangoo reserves the right to suspend the rendering of the Services due to any type of incident in the collection of payment of same and/or non-payment.

2.3. Use of the Website and its Services

The User hereby undertakes to use the Services and contents provided by the Website pursuant to the prevailing applicable law, the principles of good faith and generally accepted uses, and not to breach with his/her actions through the Website that set forth in the present Terms and Conditions of Use. Therefore, any use for unlawful purposes, which constitute a criminal offence, which infringe the rights of third parties and/or breach regulations on intellectual and industrial property, or any other rules and regulations of the applicable legislation, or which undermines and impedes, which could damage and/or overload in any manner whatsoever way the use and normal operation of the Website, or which directly or indirectly harms same or against any third party is strictly prohibited.

The User acknowledges and accepts that the use of the contents and/or services offered by the present Website shall be at his/her sole risk and/or responsibility.

Including but not limited to, and under no circumstances limiting or exclusionary, the User hereby undertakes to:

Not to use the present Website and all content and Services if he/she is not the owner of the corresponding Etisalat telephone line.

Ensure that other Users do not impersonate his/her identity (identity theft) and hire the Services and/or contents of the present Website on their behalf.

Be held jointly and severally liable for the Services and/or contents of the Website taken out under contract by another user from the Etisalat telephone line of which he/she is recognised as the owner.

3 Intellectual and Industrial Property

Ikangoo is the owner or, where appropriate, is authorised for use thereof by the legitimate owner of all intellectual and industrial property rights as well as any other rights whatsoever relevant to the Services taken out under contract. (Intellectual property rights likewise includes the written content of the Website, its design, logos, text, images, trademarks, databases, structure, audio files, software files, combinations of colours, and other elements, the structure, selection and ordering of the content thereof, as well as the source code with which it is programmed, protected pursuant to Spanish and international legislation on copyright. Any use, dissemination, reproduction, transformation, adaptation, translation, assignment, amendment, public disclosure, or any other manner of use or dissemination of all or in part of the contents of the aforementioned Website, in any form or by any means, is strictly prohibited, without the prior written authorisation of Ikangoo, the infringement of these rights may give rise to the to out-of-court proceedings or civil or criminal proceedings whichever apply. Accordingly, in view of the foregoing, Ikangoo does not grant any rights or license to the Services rendered, or on intellectual and property rights of the contents included in the Website. Ikangoo reserves the right to take corresponding legal actions against Users who breach or infringe intellectual and/or industrial property rights. Any User or third party who considers that there has been an infringement of their lawful rights must furnish written notification of this circumstance to Ikangoo via email.

4 Exclusion from guarantees. Responsibility

4.1. Availability and Continuity of the Website and Services

Under no circumstances whatsoever shall Ikangoo be held liable for losses or damages of any kind which may arise as a result of accessing and using the Website and the Services, including, but not limited to those produced in computer systems. Nor shall Ikangoo be held be liable for, including but not limited to, (i) the damages caused to Users by improper use or defective set up, or due to a virus infection on their computers; (ii) computer crashes, interruptions, absence or defect in telecommunications; (iii) errors caused by access providers; or (iv) any unlawful interference by a third party. In this regard, the User hereby undertakes to adopt however so many security measures which are necessary or desirable so as to maintain the confidentiality and secrecy of its Users (login) and password to access the Services which shall be, in either event, personal and non-transferable.

4.2. Ikangoo Content and Services

Ikangoo shall be solely and exclusively held liable for the Services rendered by itself and of the contents directly created by Ikangoo and identified with its copyright. Said liability shall be excluded in cases of force majeure or in cases where the equipment configuration of the User is not the appropriate configuration to allow the proper use of the Internet Services rendered by Ikangoo.

Ikangoo does not warrant and shall not be held liable, under any circumstances, for the following events and contents, nor for any losses and damages that may, where appropriate, derive there from:

a) The absence of availability, continuity, access, maintenance and effective functioning of the Website, and/or its Services and updating thereof, as well as the accuracy, suitability, completeness, relevance, currency and reliability of its contents, whatever their cause and the difficulties or technical problems or of any other nature, in which have their origins in said circumstances. Ikangoo shall act at any given moment in good faith and shall make every effort to minimise the impact of situations as those described herein. The information contained on the Website may be updated, modified or deleted without prior notice.

b) Damages which may arise from the illegal or improper use of the Website. Ikangoo shall be exempted from any liability whatsoever for losses and damages which may arise as a result of the access, reproduction, acquisition and transmission of the contents and Services of the Web page facilitated by third parties.

c) Transmission and/or existence of viruses, of other elements or programmes harmful for the Users' computer systems which may affect same as a result of the access, use or perusal of the Website, or which may lead to alterations in their electronic documents or files.

d) The unlawful, negligent or fraudulent use, impersonation of a person or of a third party, contrary to the contents of these Terms and Conditions of Use, good faith, generally accepted uses or public order.

e) Breaches or infringements of prevailing laws, uses or customs as regards intellectual and industrial property rights, business or contractual secrets, rights of privacy, personal honour, personal image, property, publicity or competition, inter alia, of third parties.

f) Infringement by third parties of their obligations or warranties derivative from or assumed in relation to the services rendered to the Users through the Website, as well as the absence of quality, reliability, suitability of that offered, the lawfulness, usefulness and availability of the services rendered by third parties and made available to the Users on the Website.

The foregoing enumeration has been included only as by way of information and is not, in either event, exclusionary or excluding in nature as regards its items.

4.3. Third Party Content and Services

Ikangoo shall not be held indirectly or vicariously liable for losses or damages of any kind or nature whatsoever arising from accessing and using the Website and the Services.

Likewise, Ikangoo and the Website shall not be held liable for the accuracy, completeness or currency of the information that it did not personally create and those whose origins are from an outside source, nor is the owner of other Websites that can be accessed by using links or hyperlinks which are available on the Website. Such links or hyperlinks are for information purposes only, are governed by the terms and conditions of use for this purpose which are enforceable by the owners of such websites, and under no circumstances whatsoever, shall imply the endorsement, approval, recommendation, sponsorship, distribution, marketing or any relationship whatsoever between Ikangoo and the persons or entities that have created and/or managed said contents or owners of the sites where they are found, nor implies any guarantee whatsoever of Ikangoo as regards the proper functioning of the linked sites and contents. Accordingly, Ikangoo shall be held liable with respect to any hypothetical damages that which may arise from the use of the aforementioned information, the User accessing same, under his sole responsibility of its respective contents and conditions of use.

Including, but not limited to the following, shall not be liable for losses and damages of any type whatsoever arising from:

a) the infringement of the intellectual and industrial property rights, defective performance or breach of the contractual undertaking acquired by third parties;

b) engaging in acts of unfair competition and illegal advertising;

c) the inappropriateness and non-fulfilment of expectations of the Services and Contents of third parties;

d) the flaws and defects of any kind with regard to the Services and contents provided by third parties through the Website.

Ikangoo shall not be held indirectly or vicariously liable for losses or damages of any kind or nature whatsoever occasioned to the User as a result of the existence of viruses or other elements in the contents and Services provided by third parties which may produce alterations in its computer system or in the electronic documents and files of the Users.

The exemption from liability specified in the preceding paragraphs shall apply in the event that Ikangoo does not have actual knowledge that the activity or information stored is unlawful or damages the property or rights of a third party that may be liable for compensation, or if it did have knowledge that said information was unlawful but had acted diligently and swiftly to remove the data and contents or block access thereto.

5 Protection of personal data

The Website does not register any personal data. Only technical data is registered, such as for example, the number of the mobile phone line on which it is installed, which is used only to manage the payment of the Services taken out under contract.

As regards the data which the User forwards to any customer service email furnished in the present application, said information shall be treated with strict confidentiality.

6 Resolution

Notwithstanding the liability for losses and damages which may arise, in the event of an infringement by the User of any of the obligations stipulated herein in the Terms and Conditions of Use, Privacy Policy, Cookies Policy, or the Particular Terms and Conditions which, where appropriate, may apply, Ikangoo shall be entitled to rescind the contract with the User, immediately and without prior notice, without the latter being entitled to any claim or compensation whatsoever, Ikangoo likewise reserving the right to interrupt the supply of Services, to suspend access to the Website, and, where appropriate, the subsequent cancellation in its entirety of all the Services.

The User shall be held liable for losses and damages of any kind whatsoever that Ikangoo may sustain directly or indirectly as a result of any breach of any of the obligations whatsoever derivative from the Terms and Conditions of Use, Privacy Policy, Cookies Policy, or the Particular Terms and Conditions regarding the use of the Website or any of the Services linked to same.

7 Miscellaneous

7.1. Amendments

Ikangoo reserves the right to amend at any given moment, the present Terms and Conditions of Use, as well as configuration and, in general, any other content or service, in order to bring same into line with the prevailing applicable legislation at all times.

8 Law and Jurisdiction

All matters related to the Website are governed by the laws of the Kingdom of Spain and subject to the jurisdiction of the registered address of the User. Should the User have his/her domicile outside of Spain, Ikangoo and the User shall, hereby expressly waiving their right to any other jurisdiction to which they may be entitled to, submit to the courts and tribunals of the city of Castellón (Spain).

If there is insufficient balance of the receivable, the subscription value will be collected retroactively