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1. Contractual relationship
Although, by accessing and using the Services, THE CLIENT agrees to be legally bound by these Conditions, which establish a contractual relationship between THE CLIENT and the third-party SERVICE PROVIDERS, SESAMAX remains at all times merely a web portal. If THE CLIENT does not accept these Conditions, they will not be able to access or use the Services from THIRD-PARTY providers. These Conditions expressly replace all previous agreements or commitments with THE CLIENT. SESAMAX may immediately terminate these Terms or any of the Services with respect to THE CLIENT or, in general, cease to offer or deny access to the Services or any part of them, at any time and for any reason.
Supplementary conditions may apply to certain Services, such as commercial promotion policies, and such other supplementary conditions that will be communicated to THE CLIENT in relation to the applicable Services. The supplementary conditions apply in addition to these general Conditions, and will be considered a part of these, for the purposes of the applicable Services. The supplementary conditions will prevail over these Conditions in the case of conflict with respect to the applicable Services.
SESAMAX may modify the Conditions relating to the Services when it deems appropriate, upon prior communication to and knowledge of THE CLIENT. The modifications will be effective after the publication by SESAMAX of said updated Conditions either in this location or the modified policies or supplementary conditions on the applicable Service. Access or continued use by THE CLIENT of the Services after such publication constitutes your consent to be bound by the Conditions and their modifications.
2. The Services
The Services constitute a technology platform that allows USERS of SESAMAX mobile application or web pages provided as part of the Services (each, an “Application”) to locate, contract and pay for marketing, communication and similar services provided by third-party independent providers of said services, pursuant to an agreement with SESAMAX (“Third-party providers”). The Services are made available to THE USER only for their personal, non-commercial use.
THE USER EXPRESSLY ACKNOWLEDGES AND ACKNOWLEDGES THAT SESAMAX DOES NOT ITSELF PROVIDE ANY COMMUNICATION, MARKETING, OR SIMILAR SERVICES OF ANY KIND OR OPERATE AS A COMPANY PROVIDING THESE SERVICES, WHICH ARE PROVIDED BY INDEPENDENT THIRD PARTIES WHO ARE NOT SESAMAX EMPLOYEES.
Subject to compliance with these Conditions, SESAMAX grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license for: (i) access and use of the Applications on your personal device only in connection with your use of the Services ; and (ii) access and use of any content, information and related material that may be made available through the Services, in each case only for your personal, non-commercial use. SESAMAX reserves any right that has not been expressly granted by this License.
THE USER may not: (i) withdraw any copyrighted, trademarked or other proprietary rights from any part of the Services; (ii) reproduce, modify, or prepare derivative works of the Services, distribute, license, lease, resell, transfer, publicly display, publicly present, transmit, retransmit or otherwise exploit the Services, except as expressly permitted by THE COMPANY; (iii) decompile, reverse engineer or disassemble the Services, except as permitted by applicable law; (iv) link, reflect or frame any part of the Services; (v) cause or launch any program or script in order to extract, index, analyze or otherwise prospect data from any part of the Services or unduly overload or block the operation and / or functionality of any aspect of the Services ; or (vi) attempt to obtain unauthorized access or damage any aspect of the Services or its related systems or networks.
Provision of services.
THE USER acknowledges that the Services are made available to them, under the brand name SESAMAX , to be provided by independent third-party providers. THE USER exempts SESAMAX from possible liabilities arising from the provision of services by independent third-party providers.
The Services may be made available or accessible in connection with third-party services and content (including advertising) that SESAMAX establishes. THE USER acknowledges that different conditions and privacy policies may apply to the use made of said services and third-party content.
The license and all rights related thereto are and will remain in the exclusive ownership of SESAMAX . Neither these Conditions nor your use of the Services transfers or grants any right to THE USER: (i) over or in relation to the Services, except as regards the limited license previously granted; or (ii) to use or mention in any way the company names, logos, product and service names, trademarks or service marks of SESAMAX or its licensors.
3. Your use of the Services
In order to use most of the aspects of the Services, THE USER must register and keep active a personal user account of the Services (“Account”). To obtain an Account THE USER must be at least 18 years old. The registration of the account requires THE USER to communicate certain personal information to SESAMAX , such as their name, address, mobile phone number, as well as at least one valid payment method.
THE USER undertakes to keep the information in their Account in an exact, complete and updated way. If you do not keep your Account information accurate, complete and up-to-date, even having an invalid or expired payment method may result in your inability to access and use the Services or in the termination by SESAMAX of these Conditions. THE USER is responsible for all activities that occurs in their Account and is committed to maintaining at all times in a secure and secret manner the username and password of their Account. Unless SESAMAX allows otherwise in writing, THE USER may only own one Account.
Requirements and user behavior.
The Service is not available for the use of persons under 18 years of age. THE USER may not authorize third parties to use their Account, nor may they allow persons under the age of 18 to receive services from third party suppliers, unless those are accompanied by THE USER. You may not assign or otherwise transfer your Account to any other person or entity. THE USER agrees to comply with all applicable laws when using the Services and may only use the Services for legitimate and legal purposes. In the use of the Services, THE USER will not cause hindrances, inconveniences, discomforts to, or damages to property of, both the third party provider and any other party. In some cases, THE USER may be required to provide an identity document in order to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide the identity document.
By creating an Account, THE USER accepts that the Services may send you informative text messages (SMS) as part of the normal commercial activity of your use of the Services. THE USER may request the non-receipt of informative text messages (SMS) from SESAMAX at any time by sending an email to info@SESAMAX.NET stating that they do not wish to receive such messages, along with the mobile devices telephone number. You acknowledge that requesting the non-receipt of informative text messages (SMS) may affect the use that THE USER makes of the Services.
SESAMAX may, at its sole discretion, create promotional codes that may be redeemed for Account credit or other elements or benefits related to the Services and / or services of a third party provider, subject to any additional conditions that SESAMAX establishes upon the basis of each promotional code (“Promotional Codes”). THE USER agrees that the Promotional Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any way, or made available to the general public (whether published in a public forum or otherwise), except with the permission of SESAMAX ; (iii) may be invalidated by SESAMAX at any time for any reason without liability of SESAMAX ; (iv) may be used only in accordance with the specific conditions that SESAMAX establishes for said Promotional Code; (v) are not valid as cash; and (vi) may expire before you use them.STOP IN PARADISE reserves the right to withhold or deduct the credit or other elements or benefits obtained through the use of the promotional Codes by the USER or any other user in the event that SESAMAX determines or believes that the use or exchange of the Promotional Codes was done erroneously, fraudulently, illegally or in violation of the conditions of the Promotional Code or these Conditions.
Content provided by the User.
SESAMAX may, in its sole discretion, allow THE USER when it deems it appropriate, to send, upload, publish or otherwise make available to SESAMAX through the Services content and text, audio and / or visual information, including comments and opinions regarding the Services (“User Content”). All User Content provided by you will remain your property. However, by providing User Content to SESAMAX, THE USER grants a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly display, present publicly or otherwise exploit in any way said User Content in all formats and distribution channels, now known or devised in the future (included in relation to the Services and the SESAMAX business and in third-party sites and services) , without further notice or consent of THE USER and without requiring payment to you or any other person or entity.
THE USER declares and guarantees that: (i) it is the sole and exclusive owner of all User Content or that it has all the rights, licenses, consents and permissions necessary to grant SESAMAX the license to User Content as stated above; and (ii) neither the User Content nor its display, upload, publication or otherwise made available of such User Content, nor the use by SESAMAX of the User Content as herein allowed, will infringe, misappropriate or violate the intellectual property or property rights of a third party or the rights of publicity or privacy or result in the violation of any applicable law or regulation.
THE USER agrees not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, illicit or otherwise offensive, as determined by SESAMAX, at its sole discretion, whether or not such material may be protected by the law. SESAMAX may, at its sole discretion and at any time and for any reason, without prior notice, review, control or delete User Content, but without being obliged to do so.
Access to the network and devices.
THE USER is responsible for obtaining access to the data network necessary to use the Services. The rates and data rates and messages of your mobile network may apply if you access or use the Services from a wireless device and you will be responsible for those rates and fees. You are responsible for acquiring and updating the compatible hardware or devices necessary to access and use the Services and Applications and any update thereof. SESAMAX does not guarantee that the Services, or any part thereof, will work on any particular hardware or device. In addition, the Services may be subject to malfunctions or delays inherent in the use of the Internet and electronic communications.
USER understands that the use of the Services results in charges for the services received from a professional third party provider (“SERVICE Charges”). At the time of contracting the service, SESAMAX will provide the method for the previous payment of same. SERVICE CHARGES will be charged on behalf of the third party provider of services, for which it has been previously authorized. The payment of the Charges in such manner will be considered as a payment made directly by you to the third party provider. The Charges will include applicable taxes when required by law. THE SERVICE PROVIDER will be the only responsible for issuing an invoice for the service. The Charges paid by you are final and non-refundable, unless SESAMAX determines otherwise.
All Charges are payable immediately and the payment will be provided by SESAMAX using the payment method established in your Account, and after that you will be able to see a resume of the payment on the mobile application. SERVICE CHARGES will only be transferred to Service Providers once you confirm service is finished.
SESAMAX, at any time and in its sole discretion, reserves the right to establish, eliminate and / or review the charges for any or all services through the use of the Services. In addition, THE USER acknowledges and accepts that the charges applicable in certain geographical areas may increase substantially during periods of high demand. SESAMAX will use reasonable efforts to inform you of the charges that may apply, however you are responsible for the charges incurred in your account, regardless of whether you know the charges or the amounts of these charges. SESAMAX may, when it deems appropriate, provide certain users with promotional offers and discounts that may result in the collection of different amounts for these or similar services obtained through the use of the Services, and you accept that such promotional offers and discounts, unless also made available to you, will not be taken into account in your use of the Services or the charges applied to you. THE USER may choose to cancel their request for the services of a third party provider at any time before the arrival of that third party provider, in which case a cancellation fee may be charged.
This payment structure is intended to fully compensate the third party provider for the services provided. After you have received the services obtained through the Service, you will have the opportunity to rate your experience and leave additional comments about the third party provider.
5. Limitation of liability.
SESAMAX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OR RELATIVE LOSSES, IN CONNECTION WITH, OR OTHERWISE ARISING OUT OF ANY USE OF THE SERVICES, EVEN THOUGH SESAMAX HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SESAMAX SHALL NOT BE LIABLE FOR ANY DAMAGE, LIABILITY OR LOSS ARISING OUT OF: (I) YOUR USE OR DEPENDENCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (II) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF SESAMAX HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OKEY CLICK WILL NOT BE RESPONSIBLE FOR THE DELAY OR THE LACK OF EXECUTION RESULTING FROM CAUSES GOING BEYOND THE REASONABLE CONTROL OF SESAMAX; (III) YOU ACKNOWLEDGE THAT THE THIRD PARTY PROVIDERS THAT PROVIDE SERVICES ARE THE ONLY PERSONS RESPONSIBLE FOR THE DAMAGES THAT COULD OCCUR IN THE PROVISION OF THE SERVICE OR THE DEFECTIVE PROVISION OF THE SERVICE. YOU ACKNOWLEDGE THAT YOU MAY ONLY MAINTAIN A CLAIM, DEMAND OR COMPLAIN AGAINST THE THIRD PARTY AUTHORS OF THE DAMAGES OR DEFICIENCY FOR THE PROVISION OF THE SERVICE, AND EXEMPT SESAMAX FROM ANY RESPONSIBILITY. SESAMAX COMMITTS, WITHIN THE LEGAL LIMITS, TO FACILITATE THE DATA OF THE SUPPLIER TO BE ABLE TO EXERCISE ITS RIGHTS AND DEFEND ITS LEGITIMATE INTERESTS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 ARE NOT INTENDED TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER WHICH MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.
6. Applicable legislation and jurisdiction
Unless otherwise specified, these Conditions will be governed and interpreted exclusively by virtue of the legislation of Spain. Any dispute, conflict, claim or controversy, of whatever kind, that results from these Conditions or that are largely related to them, including those related to their validity, interpretation and enforceability, shall be expressly submitted to the Courts and Tribunals of PUERTO DEL ROSARIO, LAS PALMAS.
SESAMAX will be able to communicate and service notices by means of a general notification in the Services, by means of an electronic mail sent to the electronic address of THE USERS in your Account or by written communication sent to the address of THE USER, depending on what is established in your Account. THE USER may notify SESAMAX by written notice to the address of SESAMAX MARKETING, S.L. in Las Palmas, 35600, Puerto del Rosario, Technology Park of Fuerteventura 1 or by email to the address firstname.lastname@example.org