Terms & Conditions
Updated
1st january, 2022
The use of this application and website (hereinafter, “TheGestor App”) owned by Stemlabs SL, is subject to the provisions of this legal notice and conditions of use of the website and mobile application (hereinafter, the “Terms & Conditions”), so that the user (hereinafter, “the User”) must read it carefully upon every access. Access to TheGestor App downloads and/or the use of the materials contained therein imply that The User has read, knows, and accepts, without any reservation, the here mentioned Terms & Conditions, accepting to periodically review them, as they may be unilaterally modified or updated by the owner of the TheGestor App.
The User will be subject to the modifications made, implying that he/she knows and is aware of said modification tacitly when using the TheGestor App. The Terms & Conditions regulate the use of TheGestor App, either with its current name or with any other under which it may operate in the future, as well as the responsibilities derived from the use of it. In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, on services of the information society and electronic commerce (hereinafter, LSSI-CE), the general information of this Website and Application.
I.- OWNERSHIP OF THE THEGESTOR MOBILE APP
Users may contact the owner of TheGestor App: Stemlabs S.L or contact it through the telephone number +34633779821 or send an email to info@thegestor.com.
II.- USERS
Any person, natural or legal, who accesses, downloads and/or uses the TheGestor App or its website will have the status of User. The use of the App TheGestor implies that the User has read these Terms & Conditions and accepts its content. In general, only natural persons with sufficient legal capacity in accordance with the applicable legislation may use the TheGestor App, access to it by minors under 14 years of age is not allowed.
III.- GENERAL CONDITIONS OF DOWNLOAD, ACCESS, AND USE OF THE THEGESTOR APP
The access, download and use of the contents and/or services offered by TheGestor App will be at the sole risk and/or responsibility of the User, assuming the damages or losses to third parties, as well as the possible viruses or computer programs that may be introduced, generate or host in TheGestor App, on its own or third-party servers, or those of a physical, mental or moral nature that it may cause to third parties. The User agrees to access, use and/or download TheGestor App for lawful purposes, in accordance with current legislation applicable to the specific case, these Terms & Conditions, generally accepted morals and good customs and public order. Likewise, the User agrees to make proper use of the services and contents of TheGestor App, as well as not to use them to commit activities that may or may constitute a crime or any illegal activities, which may, for example, violate relative rules on tax declaration, industrial or intellectual property, or any other norm of the legal system or to violate the rights of third parties.
TheGestor App is not guaranteed to comply with the laws of other countries, either totally or partially. If the User resides or is domiciled anywhere other than Spain, and decides to access and/or use the TheGestor App, it will do so at its own risk and responsibility, having to ensure that such access, download and/or use complies with the applicable local legislation in its case. The mere access and/or download of the TheGestor App does not imply any type of commercial relationship between its owner and the User. The hardware and software necessary to access the download and content of TheGestor App will be at the User’s expense. The owner will not be responsible for his operation, or the consequences derived from these, or the rights of use or licenses required for their use. The owner of TheGestor App will apply all the necessary processes to prevent, detect and neutralize any threat, virus or malicious software that could endanger the integrity of the computer equipment used by users to download and use the application, without assuming the liability derived from them.
IV.- INFORMATION PUBLISHED IN THE THEGESTOR APP
The owner reserves the right to permanently withdraw or eliminate all those contents that violate the provisions of this legal notice, the law, morality, or that in his opinion, are not suitable for publication because they violate dignity of people, be discriminatory, racist, that threaten children and youth, or any others that may be contrary to generally accepted good customs and public order. The owner does not verify, approve, or assume responsibility for the content of the information or communications sent by its Users, who are responsible for said content, messages, and information.
V.- LINKS
TheGestor App may include links, banners, buttons, and others, which link to third-party sites. The installation of these links is intended to facilitate the User’s search and access to information available online, without it being considered a suggestion, recommendation, or invitation to visit them. As soon as the User accesses third-party links and stops using TheGestor App, the Conditions of Use, the Privacy Policy, and the Cookies Policy will cease to take effect, since the rest of the websites accessed by the User are subject to their own conditions and privacy policies. Additionally, the owner does not offer or market by himself or through third parties the products and/or services available on said linked sites. Likewise, the technical availability, accuracy, veracity, validity, or legality of external websites that can be accessed through the links is not guaranteed. The owner of TheGestor App does not assume any responsibility regarding the contents of third-party links, nor for the damages that could occur due to the access, use or illegality of these, the communications, opinions, products, and services of the websites to which the user accesses and that are not managed by the owner of the App TheGestor, which declares that in no case will proceed to examine or exercise any control over their content.
VI.- MODIFICATIONS
At any time, the owner may modify this legal notice, as well as the presentation, configuration, and use of the TheGestor App without prior notice or proceed to the total or partial suspension of the service, without the owner of the TheGestor App mobile assuming the consequences, harmful or damaging that this may cause to the user. The validity of these conditions will be based on their exposure and will be in force until they are modified by others duly published.
IX.- PROTECTION OF PERSONAL DATA AND COOKIES POLICY
Stemlabs S.L. will protect the User’s personal data and will treat them to the extent permitted by law or provided that the user has given their consent. For more information, you can consult the Privacy Policy and the applicable Cookies Policy.
X.- INTELLECTUAL AND INDUSTRIAL PROPERTY
The User acknowledges and is aware that any intellectual or industrial property rights over the contents or materials that are provided as part of the TheGestor App, belong to Stemlabs SL, by itself or as an assignee, or to the owners of these, who granted a license to its use. These rights are, by way of example and not limitation, any subject to intellectual and industrial property over texts, images, drawings, color combinations, audio and/or video files, software files, buttons, brands, logos, slogans, and designs, selection of materials used, as well as on the structure, presentation of any information and/or content of the TheGestor App.
In this sense, the User is expressly prohibited from copying, reproducing, modifying, transforming, deleting, manipulating, distributing and public communication, including the method of making it available, of all or part of the contents of the TheGestor App, with or non-profit, in any support and by any technical means, without express written authorization of the owner of TheGestor App. The mere access, download or use of the App TheGestor does not grant in any case any authorization or license of the owner of this to make use of any of the contents and / or information thereof, or any rights related to them, beyond the strictly personal use. The user must not delete, alter, evade or manipulate any protection device or security system that was installed in TheGestor App. All the contents of the App TheGestor are protected by copyright and other protection rights contained in Royal Legislative Decree 1/1996, of April 12, which approves the Text of the Intellectual Property Law, and Law 23 / 2006 of July 7, which modifies the Text of the Intellectual Property Law.
XI.- APPLICABLE LAW AND JURISDICTION
The Terms & Conditions and the relationship between the owner of the Website and mobile application and the User will be governed by current Spanish regulations. For the resolution of any controversy, the parties agree to submit to the Courts and Tribunals of the city of Madrid, unless the user acts as a consumer, submitting the parties in such case to the jurisdiction of the Courts and Tribunals of the domicile of this.
