1. LEGAL INFORMATION AND ACCEPTANCE
According to the Information Society Services and Electronic Commerce Act 34/2.002, from the 11th of July, these conditions govern the access and use of the www.jaltest.com web page, onwards referred to as “Web Page”, owned by Cojali S.L (onwards, “Cojali©”), a company with registered office in Avda. De la Industria s/n, Campo de Criptana, Ciudad Real, Spain, VAT number B-13210489 and e-mail address email@example.com, registered in the Companies Register of Ciudad Real, Inscription 1, page reference CR-4.822 Section 137 page 24.
This Web Page was created by Cojali© to provide a wide variety of information, products, services and data. To access this service, the User shall register on the Web Page through the registration process available to that purpose.
It will not be necessary to register as a User to access the Web Page in a general way. However, the use of some Services, such as information request and/or online purchase could depend on the prior User registration. This registration process will be performed as it is expressed in the specific Service or in the Particular Conditions applied.
The User guarantees his necessary legal capacity to acquire the Products and Services offered in this Web Page, according to the legislation in force at the time.
2. WEB PAGE USE AND SERVICES
The User acknowledges and accepts that the use of the contents and/or services offered on the Web Page shall be at his own risk and/or liability.
The User commits to use the Web Page, its contents, services and data, in compliance with the Law, the principles of morality, good manners, public order and these General Conditions of Use. Furthermore, he commits to use the services and/or contents of this Web Page properly, and not to use them for illegal activities or offences against third parties’ rights and/or breaching the legislation on intellectual and industrial property, or any other applicable legislation. In particular, the User commits not to transfer, introduce, transmit or provide to third parties any kind of material and information (data, contents, messages, drawings, pictures, software, etc.) contrary to Law, morality, public order and these General Conditions of Use. The User commits, including without limitation, to:
- i. Not to introduce or transmit racist, xenophobic, pornographic, in defence of terrorism or against human rights contents or propaganda.
- ii. Not to introduce or spread through the net data programs (viruses and harmful software) to damage the software from the Access provider, its providers or third party users of the Internet.
- iii. Not to spread, transmit or make available any kind of information, element or content violating the fundamental rights and public freedom recognised by the Constitution or by international treaties.
- iv. Not to spread, transmit or make available to a third party any information, element or content constituting illicit or unfair advertising.
- v. Not to transmit non-authorised or non-requested advertising, advertising materials, spam, “chain letters”, “pyramidal structures”, or any other kind of unsolicited messages, except for those areas (such as commercial areas) exclusively created for that purpose.
- vi. Not to introduce or spread any fake, ambiguous or inexact information and contents misleading the information recipients.
- vii. Not to impersonate other Users using their registration data for the different services and/or contents on the Web Page.
- viii. Not to spread, transmit or make available to third parties any kind of information, element or content representing an infringement of the industrial and intellectual property rights, patents, brands or copyright belonging to third parties or to the owners of the Web Page.
- ix. Not to spread, transmit or make available to third parties any kind of information, element or content representing an infringement of the secrecy of correspondence and the personal data regulation.
- x. Not to interfere with or interrupt the operation of the Web Page or the servers or nets used to make it available and not to infringe the rules, requirements, proceedings, policies or regulations from these nets.
- xi. In general, not to use the Web Page for any action or omission that may facilitate or contribute to the commission of a criminal activity.
3. RIGHT OF EXCLUSION
Cojali© reserves the right to deny or withhold the access to this Web Page and/or to the offered services, without warning, on its own or at a third party request, to those Users who breach these General Conditions of Use.
4. LEGAL ACTIONS
Cojali© will pursue the breach of these Conditions of Use, as well as any improper use of this web site, by bringing all the civil and criminal actions applicable by Law.
5. AVAILABILITY AND CONTINUITY OF THE WEB PAGE AND THE SERVICES
Cojali©, shall not be hold responsible for damages, of any kind, arising from the availability or technical continuity of the operation of the Web Page. In particular, Cojali© does not take responsibility for and does not guarantee that the access to the Web Page is uninterrupted or error-free. In no case, Cojali© shall be hold responsible for the losses and damages of any kind arising from the access and use of the Web Page, including without limitation, those damages caused to computer systems or by the introduction of viruses.
Cojali©, innovates to offer the best experience for its users. The User recognizes and accepts that the structure and content of the Web Page may occasionally change without prior warning. In this sense, Cojali© reserves the right to modify the structure and the contents without previous notice.
As a part of this constant innovation process, the User recognizes and accepts that Cojali© may interrupt (temporarily or permanently) the provision of the Services (or any of their features) offered to the User without previous warning, in order to perform maintenance, update, improvement or repair operations.
6. ACCOUNT AND PASSWORDS SAFETY
The User must take the necessary measures for the safe-keeping of the password assigned during the registration process being the only person responsible for the use of this password. In the event that the User knows or suspects that a third party is using his password, he shall inform Cojali© of this situation without delay using the following e-mail address: firstname.lastname@example.org
The User shall be hold responsible for the safe-keeping of the confidentiality of the passwords associated to any account used to access the Web Page. Therefore, the User accepts being the only person hold responsible by Cojali© regarding the activities related to his account.
7. PRODUCTS AND SERVICES PURCHASE AND ORDERS PLACEMENT
The User will be able to place an order of Products and Services available and detailed on the Web Page (including the price).
The User has to be registered to complete the purchase process and fill in the specific form to carry out the purchase process.
Once the Products and Services the User desires to acquire have been selected, they will be included in the shopping basket.
- At the end of the products selection process, the User will click on the “Continue” button to access the order overview page including all the information of the purchase order.
- Once the order overview page is displayed, the User has to click on the “Confirm the Order” button in order to send the corresponding purchase order.
- When the User has clicked on the “Confirm the Order” button, an authorization from the debit or credit card Company with the amount indicated on the order overview page shall be obtained. If your credit card is not authorised, the order will not be processed.
- The User and Cojali© will have executed a Products and Services sales agreement once the Order Confirmation has been sent to the e-mail address and, at any case, when the user downloads the aforementioned Services and/or received the acquired Products.
Notwithstanding the above, Cojali© will be able to refuse the order, at its exclusive discretion, or not to proceed with the process in the following cases, without limitation:
- When the Product and/or Service requested by the User is not available.
- When the debit or credit card Company does not authorise the payment for the purchase amount.
- When the criteria to place an order, specified at the beginning of this section, are not met.
8. DELIVERY DEADLINE AND RETURNS. FREIGHTS. PRICES
The delivery deadlines will vary depending on the kind of delivery:
- From 3 to 5 business days for normal shipments. In the case of the Canary Island, the deadline is established from 3 to 6 business days.
- From 2 to 3 business days for standard shipments. In the case of Ceuta and Melilla, the deadline is set between 3 and 5 days.
- From 1 to 2 business days for express shipments.
- One business day for services (Software download), after the payment confirmation.
The indicated delivery deadlines are only a guideline as it is a service offered by a third party, so the delay does not imply the cancellation of the order or the right to compensation.
The User may return the Products in the following way:
- Cojali© grants the User the right to return the goods in the following seven (7) after the reception of the order.
- The Services return is not allowed (Software License of use).
- The return must be requested through the Web Page and the goods will be collected at the address indicated by the User in the form filled in to request the return of the Products. This address must be located in the same country where the order was placed.
- The freight company will contact the user. The delivery expenses for the return must be paid by the User.
- The Products must be in perfect conditions, in their original packages and with the purchase receipt.
Cojali© reserves the right to send the orders using the most suitable means of transport in each case according to its sole discretion.
Shipment costs are not included in the Products and Services prices and will be invoiced to the Users. These costs will appear when they place an order.
The User may request the collection of the package from our facilities by expressly notifying it in the collection request form. Furthermore, the User may request the collection of the goods from the facilities of a Cojali© Distributor.
The Services and Products prices appearing on www.jaltest.com include the corresponding and legal VAT (value-added tax) at the time.
If the User is a company or an independent worker located in a country belonging to the European Union, the VAT number (taxpayer identification number) must be included in the order form and Cojali© will issue an invoice exempt from VAT, pursuant to the regulations in force.
9. PAYMENT OPTIONS AND CONDITIONS
Cojali© offers the User the possibility of choosing among different payment options
- Credit card: if the User chooses this option, he will access the secure Web Page from our financial institution where the credit card number and expiration date will be requested. Complete safety is guaranteed as the personal and card data are encrypted thanks to the SSL security protocol provided by this financial institution.
Credit card data are not registered in a data base, they are sent directly to the EPOS (Electronic Point Of Sale) of the financial entity.
In no case Cojali© receives the User’s credit card data, only the payment confirmation.
Cojali© offers a two-years warranty
Manipulated or damaged products or with flaws caused by an improper use are expressly excluded from any warranty.
11. CONDITIONS CHANGE
Cojali© reserves the right to modify the Products and Services based on technical and commercial decisions in order to adapt them to: (a) the technical development of the market and modifications, or new versions of the software installed on the devices; (b) any technical, functional and operative improvement; and (c) new laws, regulations and standards related to the provision of Services and/or other related aspects.
The User acknowledges and accepts that, after the date when the General Conditions change, Cojali© will consider that the use and/or access of the User constitutes his acceptance of the General Conditions updated version.
Cojali©, with registered office on Avda. De La Industria s/n, Campo de Criptana, Ciudad Real, Spain, CIF (company tax code): B-13210489 informs that the personal data provided by the Users when filling out the forms available on the Web Page, will be included in a data file, kept under its responsibility, for the management of the Web Page registration and different services provided, in order to send information and communications related to Cojali© Products and Services in the vehicles diagnosis sector.
Cojali© complies with the provisions established by the Personal Data Protection Act 15/1.999 from December the 13th, the Royal Decree 1720/2.007 from December the 21st approving the Act Development Regulation and the regulation in force at any time to guarantee the proper use and treatment of the User’s personal data.
In any case, the User has the possibility of exercising the rights to access, rectify, cancel and object the provided data, according to the aforementioned regulations, by sending an e-mail to email@example.com. The User must indicate: cancellation of the Data Registration in Cojali©, e-mail address provided for the registration, User’s password to access the online services, ID card copy, postal address and phone number.
In the registration process, only the necessary data regarding the Service purpose will be required indicating with an asterisk the indispensable data. The user shall provide adequate, fair, truthful, relevant and not excessive data related to the provided services. In particular, it is strictly forbidden to provide or include any kind of information related to personal and/or family circumstances or other intimate information, as well as information related to religion, racial origin, sex life, trade-union membership, beliefs and information related to health, criminal records and any other kind of information which is not necessary for the service purpose. It is strictly forbidden to provide information from third parties without prior consent for that purpose. Likewise, the User accepts to keep the information provided to Cojali© constantly updated. In any case, the User shall be responsible for the false or inaccurate statements and for the damages caused to Cojali© or to third parties because of the information and/or contents provided during the registration process.
Though Cojali© guarantees the personal data confidentiality, it shall disclose the personal data or other information registered on its systems to the competent public authorities according to the regulations in force. Cojali© may keep the personal information even when the relationship established through this Web Page has ended, exclusively for the purposes indicated in the previous paragraph and, in any case, during the legally established terms, in order to make this information available for the administrative and legal authorities.
Both parties commit to meet the provisions established on the Personal Data Protection Act and its Development Regulation. Each party shall be hold responsible for the compliance of their obligations regarding the data protection according to the applicable regulations.
13. INDUSTRIAL AND INTELLECTUAL PROPERTY
Texts and graphical elements (design, logos, source code) constituting this Web Page and thereby spread, as well as its presentation and assembly, belong exclusively to Cojali© withholding every intellectual and industrial property including the software. All trade names, labels or distinctive signs, logos, symbols and mixed, figurative or nominative marks appearing on the Web Page belong Cojali© or it is entitle, prior authorization, with the right to use them and they are protected by the legislation in force related to that matter.
For this reason, this Web Page and the contents thereby established shall not be exploited, copied, distributed, modified, publicly communicated, transferred or transformed. Users shall copy the contents from the Web Page only to store, make back-up copies or put it on paper for private use. In particular, it is strictly forbidden to include texts, images, adverts or any other element included on the Web Page, on other Web Pages unrelated to Cojali© without the prior and written authorization by Cojali©.
Except otherwise agreed between the User and Cojali© in writing, the provisions of these Conditions do not grant the right to use the trade names, brands, service marks, logos, domain names or any other feature from Cojali© distinctive brands.
The User shall refrain from eliminating the significant signs of the industrial, intellectual or any other property rights belonging to Cojali© or to the third parties appearing on the Web Page and on any of the offered Services. Furthermore, the User shall refrain from avoiding or manipulating the technical mechanisms established by Cojali© or by third parties to protect their rights, either on the Web Page or on any of the Services, materials, elements or information thereby obtained.
Contents presented as part of the Services, including without limitation, adverts on Services and Contents sponsored inside the Services, may be protected by the intellectual property rights belonging to the sponsors or advertisers providing Contents to Cojali© (or to third parties or companies on their behalf). The User will not be able to modify, hire, rent, lend, sell, distribute or create other works derived from these Contents (either completely or in part) except when the User has been expressly entitled by Cojali© or by the owners of the aforementioned Contents as established in a separate agreement.
14. WARRANTIES AND LIABILITIES DISCLAIMER
The Services are provided “as is” and Cojali© and its licensors do not grant any guarantee of any kind regarding the Services, both explicit and implicit, related to the acuteness, reliability and integrity of this Web Page, including without limitation, the non-compliance with quality, saleability or suitability.
Cojali© does not guarantee this Web Page or the servers that host the sites are free from viruses and other potentially harmful software.
The liability of Cojali© on the offered Products and Services is limited to their price. The User waives to claim any liability on any other concept in case of dissatisfaction with the Products and Services acquired on this Web Page.
Cojali© is responsible neither for any damages caused by decisions based on the information spread through this medium nor for any inaccuracy, omission or mistake thereby contained.
Cojali© shall not be hold responsible, directly, indirectly or subsidiarily, for the damages of any kind arising from the use of the Services and Contents included on the Web Page by the Users or from the lack of truthfulness, accuracy and/or authenticity of the data or information provided or from a third-party impersonation by a User at any action through this Web Page.
15. GENERAL PROVISIONS
In the event that Cojali© has provided a translation of the Conditions to other language and there is a discrepancy between the provisions of the Spanish version and the translation, the Spanish version will prevail.
These Conditions constitute the full content of the agreement between the User and Cojali© and will govern their relationship (excluding those services provided by Cojali© and governed by a written separate agreement), completely replacing previous agreements between the User and Cojali©.
Whether a competent court states that some of the present provisions are unenforceable, those provisions will be eliminated without affecting the rest of the document. The rest of the provisions will remain enforceable
16. HIPERLINKS AND LINKS POLICY
The Services could include hyperlinks to other web sites, contents or resources. Cojali© may not control those web sites or resources provided by other companies or people different from Cojali©.
Cojali© shall not be hold responsible for any included content, commercial activity, product and service that may be displayed by links, directly or indirectly, through this Web Page. Cojali© shall not be hold responsible for the result obtained from those links or the consequences arising from the User’s access.
Those Users who do not desire to receive cookies or who wish to be informed about their use may configure the browser to that purpose, even avoiding the cookies from being installed on the hard disk if they desire so.
18. GOVERNING LAW AND JURISDICTION
Terms and conditions governing this Web Page and every possible relationship with the Users are regulated by the Spanish Legislation in force at any moment and shall be construed according to it.
For every legal action, disagreement, issue or claim arising from the execution or construction of these Conditions, the parties submit to the jurisdiction of the Courts and of Alcázar de San Juan, expressly waiving to any other jurisdiction that may correspond.