Please read these Terms of Use carefully before using the website 123Zaiko.app, as well as the services offered by SIXTUVALU SOFTWARE FACTORY, S.L. The responsibility for the use of the website lies with the user. Due to your use of this site, you agree to the terms of this agreement.
1. LEGAL INFORMATION AND ACCEPTANCE OF THE CONDITIONS OF USE
1.1 Identification of the service provider
SIXTUVALU SOFTWARE FACTORY, S.L. is the representative of the website 123Zaiko.app (hereinafter 123Zaiko), with registered office at Granollers 61E, 08173 of Sant Cugat del Vallès (Barcelona), with Tax Identification Code number B67548792, registered in the Mercantile Registry of Barcelona, offers services for the use of a communication platform between sports and / or nutritional coaches and their customers, under the terms contained in these Terms of Use:
1.2 Notifications
All communications by the User to 123Zaiko may be made through the following ways:
- Sending by post to the following address: Granollers 61E, 08173, Sant Cugat del Vallès (Barcelona)
- Sending by e-mail to the following address: hello@123Zaiko.app
1.3 Description and cost of the Service
123Zaiko offers communication platform between sports and/or nutritional coaches and their customers. 123Zaiko may alter at any time and without prior notice, the design, presentation and / or configuration of the Website, as well as some or all of the services. Not all services will be free and the onerous nature of these will depend on which of them the user has registered.
1.4 Acceptance of the terms of use
The access and use of the 123Zaiko service implies by the User the full and unreserved acceptance of all the conditions contained in these Terms of Use. Likewise, 123Zaiko reserves in any case the unilateral right to modify these conditions of use and access to the service to facilitate access, improve the platform and establish communication between users. This consent will apply to all users of the site, including coaches, nutritionists, users advised by coaches, and content contributors. This website has been designed and created to allow access to the services that SIXTUVALU SOFTWARE FACTORY, S.L. offers. The conditions of use are subject to current legislation and the principles of good faith and lawful use by the user, being prohibited any type of action to the detriment of SIXTUVALU SOFTWARE FACTORY S.L. and third parties.
2. USER REGISTRATION
123Zaiko requires the user's choice of a username and password. The user must maintain under his sole responsibility the password, in the strictest and absolute confidentiality, assuming therefore, any damages and / or losses of any kind arising from the breach or disclosure of the same, as well as the misuse that, as a result of the violation of his duty of custody, could be made by a third party. In accordance with the provisions of Organic Law 15/1999, on December 13, Protection of Personal Data (LOPD), SIXTUVALU SOFTWARE FACTORY, S.L. informs of the existence of a file of its ownership (registered with the Spanish Agency for Data Protection) in which the necessary data will be included to keep users informed who require it or provide the services that users request. The owner may exercise the rights recognized in the LOPD on this file and, in particular, the access, rectification or cancellation of data and opposition, if relevant, as well as the revocation of consent for the transfer of their data in the terms provided in the LOPD. Users can perform these actions themselves on the 123Zaiko website, by entering their name and password in the user accounts section, or by requesting it in writing from hello@123Zaiko.app
2.1. Age
The services provided by 123Zaiko are available to users over the age of 18 who can perform legal contracts under applicable law. You guarantee that you are at least 18 years old and that all the information you have recorded on the site conforms to reality and is true. 123Zaiko may, in its sole discretion, deny access to or use of the site by any person or entity. Persons under the age of 18 will have to use 123Zaiko under the supervision of their parents or a legal guardian and in these cases, the adult will be the responsible end user for any activity.
2.2. Your Account Information
You must keep your account information up-to-date at all times, including a valid email address. Those users who use 123Zaiko to provide nutritional or sports advice to customers, must provide and maintain valid payment information, i.e. credit card details.
2.3. Transfer of accounts
You must not transfer or sell your 123Zaiko account details or user ID to third parties. If you are registering as a business entity, you must ensure that you have the authority to compel the entity to accept these Terms of Use.
2.4. Right to refuse service
123Zaiko reserves the right to terminate inactive or unconfirmed accounts, in addition to denying service to a user, for any reason and at any time.
3. CONDITIONS OF ACCESS AND USE OF THE PORTAL
The user undertakes to use the services and contents of the page in accordance with the provisions of the law, morality, public order and these general conditions of use. Likewise, it undertakes to make appropriate use of the services and/or contents of the page and not to use them to carry out illegal or criminal activities and/or that infringe the regulation on intellectual and industrial property, or any other forms of applicable legal system.
3.1 Rules of participation
123Zaiko reserves the right to suspend or terminate, in whole or in part, with or without notice, any content or user account that violates these terms of use of the Service. By way of example, and in no case limiting or excluding, the user undertakes not to perform any of the following activities:
- a. offend, insult, discredit or harass other people in any common 123Zaiko space. In the same way, the user undertakes not to use the contact tools of other users to perform this type of activity.
- b. introduce or disseminate content or propaganda of a racist, homophobic, xenophobic, paedophile, excessively violent nature, advocating terrorism or violating human rights.
- c. post images of other people without their consent.
- d. defame or slander companies, collectives, NGOs, or any other group of individuals.
- e. plagiarize, copy or use other people's content or media without their consent.
- f. impersonate other persons, groups or legal entities.
- g. duplicate content. That is, copy and publish with or without the authorization of the author, and systematically, content published on other websites.
- h. offer, sell or exchange services and products that 123Zaiko administrators deem, in their sole discretion, to be inappropriate.
- i. the registration of different user accounts by the same coach for the own benefit of free customer promotions
4. ADVERTISING AND COMMUNICATIONS
By using this service the user accepts that 123Zaiko may include advertisements in the user area or in any common space, with or without prior notice, and without any kind of compensation for the user. You also agree not to hinder or manipulate the display of these ads.
5. 123Zaiko'S LIABILITY
123Zaiko's service facilitates the exchange of information between personal trainers/nutritionists and users about workouts and diets. The responsibility for the use that may be made of the information and content, including comments, lies exclusively with the person who makes them. Due to the technical nature of the service offered, 123Zaiko will not assume any responsibility for the loss of data, information or files that occurs as a result of the cut or interruption in the supply of any of its services, declining all responsibility for any damages that may arise from it. 123Zaiko reserves the right to suspend uniliterally, temporarily or irreversibly, and without prior notice, the access to its system of exchange of information between coaches and users, due to the possible need to carry out maintenance operations, repair, update and improvement of the service offered.
6. DISCLAIMERS
123Zaiko is not responsible for the misuse that may be made of this website. 123Zaiko can not guarantee the absence of viruses or other elements that could cause damage to computer systems, electronic documents or the files of users of this page or third parties, so it is not responsible for the damages that may occur due to these causes. 123Zaiko is also not responsible for the content of the web pages to which our website links, since they are not under the control of 123Zaiko nor is such third-party information approved by 123Zaiko However, we review all our links and hyperlinks to other websites. This legal notice is applicable only to the information collected on the 123Zaiko website and not to the contents collected on the pages of third parties. 123Zaiko reserves the right to modify this legal notice when it deems it appropriate and respecting in any case the applicable regulations.
7. PRIVACY POLICY
Personal data and other information relating to the user's identity are subject to 123Zaiko's privacy policy.
8. 123Zaiko IS A SAAS (SOFTWARE AS A SERVICE)
123Zaiko acts as a management stocktake platform for companies and businesses. 123Zaiko is not directly involved in extract data from your system, therefore it is not responsible of certificate the data imported into 123Zaiko. Likewise, 123Zaiko has no control over the quality, safety and accuracy of the users doing the stocktake counting job. You agree that 123Zaiko is a site to bulk import you stock data, and manipulate it using the stock take app. 123Zaiko serves as a tool used by warehouse managers and warehouse workers doing the actual job of counting items. You also accept the 123Zaiko service at your own risk.
9. PROCEDURE OF REVIEW, PAYMENT AND CANCELLATION OF THE SERVICE
The customer will pay in advance for any concurrent sessions needed. By default, subscriptions are monthly or annually renewed automatically unless the user decides not to renew a set of concurrent sessions.
The customer may unsubscribe from the service at any time by 123Zaiko proceeding to cancel any upcoming renewal at the end of current period.
10. DURATION OF SERVICE
Without prejudice to interruptions or suspensions that for technical reasons must be made, or by unilateral cancellation by the user or 123Zaiko, the service will be provided indefinitely with compliance with the above conditions. Although 123Zaiko's primary goal is to provide the best possible service, 123Zaiko cannot ensure that the service offered by third parties meets the needs and requirements of users. If any serious fault occurs, the user must contact 123Zaiko's Customer Service Department either by mail or by sending an email to hello@123Zaiko.app
11. APPLICABLE LAW AND COMPETENT JURISDICTION
The legislation applicable to the relationship that unites the parties is the Spanish one and is subject, to the exclusion of any other forum that may correspond to it, to the jurisdiction of the Courts and Tribunals of Madrid capital for the resolution of the divergences that arise from the interpretation or application of these terms and conditions. In the event that the user has the status of consumer, the competent forum will be the one that determines in each case the regulations on consumer protection.
In addition 123Zaiko in compliance with Regulation (EU) No 524/2013 of the Parliament and of the Council, of May 21, 2013, in its article 14, we inform you that the European Commission facilitates and makes available to you an Online Dispute Resolution Platform.
We provide them with a complaints system that allows mediation and arbitration between the consumer and company, totally free of charge for the consumer, in order to resolve conflicts related to the online acquisition of products and services without the need to go to court.
Consumers can submit their complaints through this platform, which is available at the following link: https://webgate.acceptance.ec.europa.eu/odr/main/?event=main.home.show.