Terms and conditions and privacy policy

Terms and Conditions of Use and Procurement

The Terms and Conditions of Use and Procurement (hereinafter, “the Terms and Conditions”), together with the Privacy Policy, govern access to and use by the User of the website www.aiguasol.coop and its subdomains (hereinafter, “the Website”) and the purchasing of products and services through it. By accepting these Terms and Conditions, the User acknowledges that he or she:

  1. Has read and understood what is stated here.
  2. Is legally of age and possesses sufficient capacity to enter into an agreement.
  3. Assumes all obligations set forth herein.

By using the Website, the user is considered the User of the Website (hereinafter, “the User “), a status implying acceptance of all terms set forth in these Terms and Conditions. The User must carefully read these Terms each time he or she accesses the Website, being as both are subject to change.

The Website owner reserves the right to make changes or updates to the content and services, to these Terms and Conditions and, in general, to any elements which make up the design and configuration of the Website at any time and without prior notice.

1. General information of the Website

In compliance with Article 10 of the Spanish Information Society and Electronic Commerce Services Act (Law 34/2002, of 11 July), the general information of the Website is as follows:

Owner: Aiguasol Consulting, SCCL (hereinafter, “AIGUASOL”).

Registered office: Carrer Roger de Llúria 29, 3r 2a. 08009 Barcelona, Spain.

VAT ID: ESF62787692

Email: administracio@aiguasol.coop

Registry data: Registered with the Register of Cooperatives of Barcelona under BN-9247 (1) on April 11, 2002.

2. Terms of Use

2.1 Access to the Website

Access to the Website is free of charge except for the cost of connection through the telecommunications network provided by the User’s service provider.

2.2. Need for Registration

In general, the User does not need to register to access the services and contents of the Website; however, use of certain services and content may be subject to prior registration.

Data entered by Users must be accurate, current and truthful at all times. Registered Users shall at all times be responsible for protecting their passwords, thus assuming any damages arising from misuse, transfer, disclosure or loss thereof. For these purposes, access to restricted areas and/or the use of content and services conducted under the password of a registered User shall be regarded as carried out by said registered User, who shall be responsible in all cases for said access and use.

2.3. Rules governing use of the Website

The User agrees to use the Website and its contents and services in accordance with law, morality, public order and these Terms and Conditions. The User likewise undertakes to make appropriate use of the services and/or content on the Website and to refrain from using it for illegal or criminal purposes that infringe on the rights of others and/or violate the regulations on intellectual and industrial property or any other applicable legal standards.

The User agrees not to transmit, introduce, disseminate or make available to third parties any material and information (data, content, messages, pictures, audio and video files, photographs, software, etc.) that are contrary to law, morality, public order and these Terms and Conditions. By way of example, the User undertakes:

I. Not to introduce or disseminate content or propaganda that is racist, xenophobic or pornographic, that justifies terrorism or that violates human rights.

II. Not to introduce or spread computer data programs (viruses and harmful software) that could cause damage to the computer system of the access provider its suppliers or other Internet users.

III. Not to disseminate, transmit or otherwise make available to third parties any information, content or element that undermines the fundamental rights and public freedoms recognized by the Spanish Constitution and international treaties.

IV. Not to disseminate, transmit or otherwise make available to third parties any information, content or element that constitutes unlawful or unfair advertising.

V. Not to disseminate unsolicited or unauthorized advertising, promotional materials, junk mail, chain letters, pyramid schemes or any other form of solicitation, except in areas designed exclusively for this purpose (such as commercial areas).

VI. Not to introduce or disseminate false, ambiguous or imprecise information and content so as to mislead the recipients of said information.

VII. Not to impersonate other Users by using their user credentials for the various services and/or contents on the Website.

VIII. Not to disseminate, transmit or otherwise make available to third parties any information, content or element that constitutes a violation of intellectual and industrial property rights, patents, trademarks or copyrights belong to the owners of the Website or to third parties.

IX. Not to disseminate, transmit or otherwise make available to third parties any information, content or element that constitutes a violation of communication secrecy and data protection legislation.

The User undertakes to compensate AIGUASOL for any possible claim, fine, penalty or sanction that it may be forced to bear as a result of a breach by the User of any of the aforementioned rules of user. AIGUASOL likewise reserves the right to request compensation for damages and losses as appropriate.

2.4. Liability Waiver

AIGUASOL shall not be liable for updating this Website to keep its information current or guarantee that the information published is accurate or complete. As such, the User must confirm that the information published is accurate and complete before making any decision related to any services or contents described on this Website.

User access to the Website does not constitute an obligation for AIGUASOL to control the absence of viruses, worms or any other malicious software. It is the User’s responsibility to have adequate tools for the detection and disinfection of harmful computer programs.

AIGUASOL is not liable for any damages caused to the software and hardware of Users or third parties during the use of the services offered on the Website.

AIGUASOL is not liable for damages of any kind caused to the User as a result of failure or disconnection of the telecommunications networks that result in suspension, cancellation or discontinuance of the Website while or prior to providing the service.

2.5. Contents and services linked to by the Website

Under no circumstance does the presence of linked websites presuppose the existence formal agreements with the managers or owners thereof or that AIGUASOL recommends, promotes or identifies with the statements, contents or services provided.

AIGUASOL does not know the contents and services of the linked websites and is thus not liable for damages caused by the unlawfulness, quality, unavailability, error or uselessness of the content and/or services on the linked sites or for any other damage that is not directly attributable to AIGUASOL.

In cases where the User can access or be redirected to linked sites that allow the procurement of services and/or products, the User hereby acknowledges and accepts that AIGUASOL is acting as a mere intermediary, facilitating such access, and, as such, that it is not liable, be it indirectly or collaterally, for damages of any kind arising from the free use and/or procurement of such products and services from third parties or a lack of legality, reliability, usability, veracity, accuracy, completeness and timeliness of said products and services. By way of example, AIGUASOL shall not be liable for damages of any kind arising from defective performance or breach of contractual commitments by third parties, acts of unfair competition and illegal advertising, the unsuitability or inability to meet with the expectations of said products and services and all manner of defects and imperfections that may occur in them.

2.6. Intellectual and industrial property

All contents of the Website, including but not limited to its texts, photographs, graphics, images, icons, technology, software, links, other audio and audiovisual content, graphic design and source code, are owned by AIGUASOL or third parties, and no exploitation rights recognized under current intellectual property legislation are transferred to the User.

AIGUASOL or third parties own the trademarks, trade names and logos, and access to the Website does not grant any right to them.

By accepting these Terms and Conditions, the User grants AIGUASOL, exclusively and free of charge, all exploitation rights pertaining to articles, comments and opinions (hereinafter, “the Content”) that the User publishes or authorizes for publication on the Website. The granting of these rights is global in nature, with no limitations whatsoever, for the maximum period provided for in Royal Decree 1/1996, of 12 April, which approved the consolidated text of the Spanish Intellectual Property Act, regularizing, clarifying and harmonizing the existing legislation on the subject. AIGUASOL may exploit the rights of reproduction, transformation, distribution and public communication of the Content in the broadest sense recognized by said act.

The User, who claims to possess all the intellectual property rights pertaining to the aforementioned articles, comments and opinions, agrees to assume any claim or liability, including compensation for damages, that any third party may bring against AIGUASOL due to violation of its rights due to any actions arising from the obligations the User directly or indirectly acquires under these Terms and Conditions.

Furthermore, the User agrees to hold AIGUASOL harmless from any damages it or a third party could suffer as a result of the execution of the transfer of rights governed by this clause.

3. Conditions of Procurement

3.1. Purchase procedure

AIGUASOL sells energy calculation software and occasionally offers training courses on energy-related topics in the SOFTWARE and TRAINING section of www.aiguasol.coop.

The procedure for purchasing products on the Website is as follows:

  • The description of each product allows Users to select the type of license and desired number of users.
  • The User selects the products that he or she would like to purchase.
  • The User starts the process by clicking the “add to cart” button.
  • “Add to cart” leads to the “Cart” page, where the User can change the order or click “Proceed to checkout” to continue with the purchase process.
  • At any time, the User can access the cart to check the status and selected items before ordering.
  • The User completes the new user form or logs in with his or her previously registered user credentials and clicks “login”. The Users enters the invoice data.
  • The User selects one of the following payment methods: credit card or bank transfer.
  • Finally, the User clicks “Order”.

The User will receive confirmation of acceptance of his or her order by a message on screen and by email to the addressed previously provided.

All software purchase will be accessible at any time through the user account. In the case of training courses, the service will be rendered as specified for each specific course.

3.2. Prices and forms of payment

All prices listed on the Website are inclusive of VAT unless specifically stated otherwise. The User must pay for purchases by credit card or bank transfer.

3.3. Order delivery

In the case of software, orders are delivered on the Website itself following confirmation of the order and successful payment. Some computer applications distributed on the Website feature an activation-code-based security system. These security codes will be accessible to the user after completing the purchase.

In the case of training courses, service delivery will be made according to the specifications of each course, at the place, date and time specified.

3.4. Right of withdrawal

Users who purchase products through the Website may rescind the contract without having to justify their decision. In order to exercise this right, the User must send AIGUASOL a duly completed an “Application for withdrawal.” The deadline for sending this document is seven (7) working days from the date of receipt of the product.

In this case, AIGUASOL will return the User the full amount paid for the product within 30 days.

The right of withdrawal does not apply to software applications that by their nature can be downloaded and used immediately.

4. Non-severability clause

Should any clause in these Terms and Conditions be declared totally or partially invalid or unenforceable, this will only affect the specific provision or portion thereof that proves invalid or unenforceable. The remainder of these Terms and Conditions shall remain in force as if the total or portion of the prevision had not been included.

5. Applicable law and jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of Spain. AIGUASOL and the User agree to submit any dispute that may arise over access to and/or use of the Website to the courts and tribunals of Barcelona, Spain and expressly waive any other jurisdiction to which they may be entitled.

Privacy Policy

1. Inclusion of personal data in the files of AIGUASOL

In compliance with the provisions of the Spanish Personal Data Protection Act (Organic Law 15/1999, of 13 December, or “LOPD”), we hereby inform you that all personal data provided by the User through the Website will be stored and processed in files owned by AIGUASOL for the following purposes: providing the services requested by the User and keeping the User informed, including by electronic means, about the products and services AIGUASOL provides.

Completing all data requested by the Website is required to ensure the optimum delivery of the services made available to the User. Without all the information, AIGUASOL cannot guarantee that the products and services can be provided, will be provided correctly or will meet the needs of the User.

2. Exercise of rights

Users may exercise their rights of access, rectification, cancellation and opposition under the LOPD by sending written notice to AIGUASOL, Carrer Roger de Llúria, 29, 08009 Barcelona, Spain, or by e-mail to info@aiguasol.coop. In both cases, the concerned User must include a copy of his or her identity card, passport or other valid form of identification.

3. Data transmissions by the User

The User is fully aware that when using sections of forums, friendship and finding friends or when publishing or authorizing the publication of an article, comment or opinion on the Website, he or she is allowing third parties to access his or her personal data or even those of third parties. In this sense, AIGUASOL is not liable for any consequences or damages that the User or a third party may suffer as a result of their free decision to share their personal data.

Before providing personal data relating to third parties on the Website, the User must obtain prior express consent, having informed them of the terms of this Privacy Policy. The User agrees to hold AIGUASOL harmless from any possible claims, fines or penalties that may be forced to bear as a result of breach by the User of the duty described in this paragraph.

4. Use of Cookies

AIGUASOL may use cookies when the User browses the Website, be it on its own account or on behalf of a third party hired to provide measurement services.

Cookies are files sent to the browser by a web server in order to record user activities while browsing.

Cookies used by the Website are only associated with an anonymous user and its computer and themselves do not provide the User’s personal data.

Due to the use of cookies, it is possible that the server on which the Website is hosted recognizes the web browser used by the User in order to facilitate browsing, for instance giving access to previously registered users and allowing them to access areas, services, promotions or competitions reserved exclusively for them without having to register each time they visit the Website. They are also used to measure the audience and traffic parameters and to monitor the progress and number of entries. Users have the ability to configure the browser to be notified when cookies are received and to prevent them from being installed on their computers. Please see the instructions and manuals on your browser for more information. Users do not need to allow installation of cookies sent by the Website or by third parties acting on behalf of AIGUASOL in order to use the Website; however, the User may then need to log in for each of the services that require prior registration or a login.