Terms of Use
This page discloses the terms of use on which you may make use of Xcelirate.com (the “Website”) whether as a guest or registered user. The Website is owned and operated by Xcelirate S.L (“we”, “our” or “us”), incorporated in Spain and offices at 8th Floor Passeig de Gràcia, 17, 08007 Barcelona (“Xcelirate”). By using our Website, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our Website.
If You are Under the Age of 18
We do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please do not attempt to register on this Website or send any information about yourself to us, including your name, address, telephone number or email address. No one under age 18 may provide any personal information to or on this Website. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. You may not have to be a member to participate in certain parts of the Website but you must meet the designated minimum age requirements for the specific matter.
Website Partners
The Website may contain hyperlinks to Websites and resources owned and operated by third parties. These third-party Websites and resources have their own terms of use and privacy policies which you will need to comply with. We have no control over thirdparty Websites or resources and we are not responsible for the availability of such Websites and resources. We do not accept any responsibility or liability for any third party Websites and resources and your access and use of such services and content is at your own risk.
Third-party links do not imply that we endorse, are affiliated or associated with any linked Website, or are legally authorised to use any intellectual property accessible through such links.
Accessing Our Website
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of any security procedures for our Website, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
Intellectual Property Rights
Unless otherwise stated, we are the owner or the licensee of all intellectual property rights (designs, logos, etc.) in our Website, and in the material published on it. All such rights are reserved.
If you believe that you may be the copyright owner of any material on our Website and you have not been acknowledged as such by us, then please contact us as soon as possible so that we can take appropriate steps. During our investigation we may remove the relevant material from our Website. If, following investigation, we determine that you are the legal copyright owner of the material in question then we will, at our discretion, either enter into discussions with you in order to reach an appropriate solution, or permanently remove the material in question from our Website.
Reliance on Information Posted
Content, commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.
Our Website Changes Regularly
We aim to update our Website regularly and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to Our Website
We respect user privacy and will process and collect information about you only in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
Viruses, Hacking and Other Offences
You must not misuse our Website by knowingly introducing viruses, Trojans, worms, cryptocurrency miners, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately. You shall indemnify us and keep us indemnified in respect of any liability suffered or incurred in connection with any breach by you of these terms and conditions or the Computer Misuse Act 1990.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any sites linked to it.
Notwithstanding the foregoing you may only use our Website only for lawful purposes. In particular, you shall not use our Website:
i. in any way that breaches any applicable local, national or international law or regulation; and/or
ii. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
Linking to Our Website
You may link to our Website without seeking our prior permission, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and which does not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our Website must not be framed on any other Website. We reserve the right to withdraw linking permission without notice. Except where we provide prior written approval, the use of our logo, or the logos of any members of our group of companies and third parties connected to us must not be used for promotional or linking purposes.
Suspension and Termination
We will determine, in our discretion, whether there has been a breach of these terms through your use of our Website. We may investigate any reported violation of these terms or complaints relating to the Website and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website). We exclude liability for actions taken by us in response to breaches of these terms.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, XCELIRATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. XCELIRATE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. XCELIRATE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND XCELIRATE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL XCELIRATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT XCELIRATE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE WEBSITE IS CONTROLLED AND OFFERED BY XCELIRATE FROM ITS FACILITIES IN SPAIN. XCELIRATE MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Xcelirate, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right. This defence and indemnification obligation will survive these Terms of Use and your use of the Website.
Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13.
Jurisdiction and Applicable Law
The Spanish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Spain.
Waiver, Severability & Assignment
Xcelirate’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Xcelirate may assign its rights without restriction.
Variations
We reserve the right to revise these terms of use at any time by amending these pages. You are expected to check back from time to time to take notice of any changes we make, as they are binding on you. If you continue to use our Website following a change to these terms, you will be treated as having accepted any such revisions.
Privacy Policy
This Privacy Policy (“Policy”) discloses the privacy practices for Xcelirate S.L (“we”, “us”, or “our”) and applies solely to information collected by xcelirate.com (the “Website”).
By submitting your personal data to us, you consent to us collecting, using, disclosing and processing your personal data in accordance with our Policy. We will also take it that all personal data provided by you is accurate and complete, and that none of it is misleading or out of date. You will promptly update us in the event of any change to your personal data.
In some circumstances, you may have provided personal data relating to other individuals (such as your spouse, family members or other third party including minors). You represent and warrant that you are authorised to provide their personal data to us and you have obtained their consent to the collection, use, disclosure and processing of their personal data in accordance with our Policy.
We are the sole owners of the information collected on this Website. We only have access to/collect information that you voluntarily give us during registration, via email or other direct contact from you. We will not sell or rent this information.
We will use your information to respond to you, regarding the reason you contacted us or for account notifications. During account registration a user is required to give certain contact information (e.g. name, contact number, email address, etc.). We will not share your information with any third party outside of our organization, other than as necessary to fulfil your request.
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to our Policy.
We take precautions to protect your information. When you submit sensitive information via the Website, your information is protected both online and offline.
We are committed to ensuring that your personal data is stored securely. You have the right to request for access to, to request for a copy of and to request to update or correct your personal data held by us. You have the right at any time to request us to limit the processing and use of your personal data. (e.g. requesting us to stop sending you any marketing and promotional materials or contacting you for marketing purposes).
Your written request should be addressed to:
Data Protection Officer
Xcelirate S.L
8th Floor Passeig de Gràcia, 17
08007 Barcelona
info@Xcelirate.com
We reserve the right to revise our Policy and Data Protection Notice at any time by amending these pages. You are expected to check back from time to time to take notice of any changes we make, as they are binding on you. If you continue to use our Website following a change to these terms, you will be treated as having accepted any such revisions
