Last update: March 14, 2020
The website https://myhappyforce.com/ (hereinafter the “Web“) and the application “Happyforce” (hereinafter the “App“) belong to HAPPYFORCE , SL (hereinafter “HAPPYFORCE”), with CIF B-66581547, duly registered in the Barcelona Mercantile Registry at Volume 44929, Folio 205, Page 471645, Inscription 1, and address at Passeig Isabel II, No. 12, 08003 Barcelona.
1. Identification of the Parties
The Conditions of Use are subscribed, on the one hand, by HAPPYFORCE and, on the other, by the end user [in particular, employees or managers of a company] interested in the services offered through the Web or the App (hereinafter, the “User”) whose personal data is what he has provided on the Web, the App and, especially, through the contact and / or Demo forms that HAPPYFORCE makes available to the User .
2. Purpose and scope of application
3. Access and Use of the Web and of the App
Both access to the Web and the App, as well as the non-consensual use that may be made of the information contained therein is the sole responsibility of the user.The User agrees to use the contents, information and data of the Web and the App in accordance with these Conditions of Use, with the rest of the policies accessible through the Web, with the applicable regulations, with good customs generally accepted and with public order.HAPPYFORCE is not responsible for any consequence or damagearising from such access, use, or noncompliance, nor shall it be responsible for security errors that may occur or damage that may be caused to the User’s computer system (hardware and software) or the files or documents stored in it as a consequence of: (i) the presence of a virus in the User’s computer that is used to connect to the services and / or products offered by HAPPYFORCE through the Web and the App; (ii) a malfunction of the browser; and (iii) the use of outdated versions of it.
4. Rules of Use of the Web and the App
HAPPYFORCE reserves the right to cancel the account of the Registered User, and may proceed to the resolution of this contract. In particular, cancellation as a User may be made in case of detecting the breach of any of the contractual obligations contracted in this act, as well as in case of observing a use of the Web and the App contrary to these Conditions of Use, the policy of privacy of the Web or App and the uses in good faith accepted in the sector.In this sense, the User agrees to:
- Not use the Web and the App or any of the elements that comprise it, to develop timeshare operations, to become a provider of software application services to the extent that they are aimed at Third party access to the platform or any of its components is possible, through rental operations, administrative services or any other of similar consideration, sharing or making them available to third parties.
- Use the Web or the App to collect personal data from other users.
- Do not publish on the Web or the App or use them as a system for managing and exchanging information and / or illegal documentation, contrary to morality or public order, contrary to copyright and / or industrial property.
- Not carry out reverse engineering acts, take requirements and other activities aimed at developing an online platform identical or similar to that made available by HAPPYFORCE, this activity may be considered as an act of unfair competition and violation of property rights. intellectual and industrial that HAPPYFORCE holds on the platform.
- Do not subject the platform to workloads that are clearly aimed at destabilizing it, including denial of service attacks (DDoS) or similar situations. If this type of situation is detected, the service level indicated above will not be applicable, being considered an emergency situation.
- Do not translate, adapt, improve, transform, correct the platform, or any of the elements that integrate them or in any other way modify it, not being able to incorporate the platform to other software or platforms owned or provided by third parties.
- Do not remove, delete, alter, manipulate or in any way modify those notes, legends, indications or symbols that HAPPYFORCE, as the legitimate owner of the rights, incorporates into its properties in matters of intellectual or industrial property (for example, copyright, ©, ® and TM.) Either on the platform itself or in the associated material.
- To inform HAPPYFORCE of any event or situation that may have occurred that could jeopardize the security of access by authorized users.
- It is prohibited to force failures or search for security breaches on the Web or in the HAPPYFORCE App.
- Refrain from using the contents of the Web and the App for illegal purposes or effects, prohibited or contrary to those established herein, harmful to the rights and interests of HAPPYFORCE, other users, third parties or that in any way may damage, disable , overload or deteriorate this Website or prevent its normal use or enjoyment by users.
5. Participation and Responsibilities of the User in the Web and the App
The participation of the User in the Web and in the App will be through the enabled accesses.HAPPYFORCE may supervise the contents published by the User on the Web and in the App and, in the event of different uses that hinder the use of other users, the removal of their comments and / or publications.It is prohibited to publish content:
- That they may be considered as a violation in any way of the fundamental rights to honor, personal and family privacy or the image of third parties and, especially, of minors.
- That they include photographs that collect images or personal data of third parties without having obtained the appropriate consent of their owners.
- That violate the secrecy of communications, the infringement of intellectual and industrial property rights, or the European and state regulations regulating the protection of personal data.
- They contain any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, deceptive, fraudulent or in any way contrary to morality or public order.
- Containing “spam” or links to sites unrelated to the corresponding space.
6. Links to other websites
7. Exclusion of guarantees and responsibility
HAPPYFORCE does not guarantee the permanent availability of the services offered on the Web and the App, although it will make its best efforts to guarantee their regularity and proper functioning. To this end, HAPPYFORCE declares that it has adopted and will adopt all necessary and reasonable measures, within its possibilities and the state of technology, to guarantee the correct operation of the Web and the App.However, HAPPYFORCE assumes no responsibility for the damages that may be derived from disconnections, interferences or interruptions that may occur in accessing or browsing the Web and the App, nor on the damages that may be derived for the User or third parties from the existence and spread of computer viruses or other harmful elements.HAPPYFORCE also assumes no responsibility for any errors or omissions that may be in the content of the Web and the App, nor for the actions that the User may carry out on the basis of said content.
8. Modification of the Conditions of Use
HAPPYFORCE reserves the right to make, without prior notice, the modifications it deems appropriate in these Conditions of Use, the User being the responsibility to read them carefully, each time they wish to use the Web or the App in order to check or ensure the existence of modifications or changes to them, taking as reference the date of the last update.
9. Intellectual and industrial property.
The User acknowledges and accepts that all the industrial and intellectual property rights over the contents and / or any other elements inserted by HAPPYFORCE in the Web and the App (including, by way of illustration and not limitation, all those elements that make up the visual appearance, graphic image and other sensory stimuli that make up the Web or the App or “look and feel”, brands, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, navigation architecture, as well as the source codes) belong to HAPPYFORCE and / or third parties that have assigned their rights. For these purposes, Web and App will be understood as all those creations incorporated and expressed by HAPPYFORCE by any means and / or tangible or intangible support, known or to be known, that is the object of protection by the current regulations on intellectual property and industrial.The mere viewing, printing, downloading or temporary storage, in whole or in part, of the content and / or elements inserted by HAPPYFORCE on the Web and in the App is exclusively authorized for your personal, private and non-profit use. by the User, provided that, in any case, their origin and / or author are indicated and that, where appropriate, the copyright symbol and / or industrial property notes of their owners appear. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by HAPPYFORCE or the third party owner of the rights affected.The use of such elements, their total or partial reproduction, communication and / or distribution for commercial or lucrative purposes, as well as their modification, alteration, decompilation and / or any other act of exploitation of the Web and / or the App, whose image rights, HAPPYFORCE has its right of exploitation. For any other use other than those expressly permitted, it will be necessary to obtain the prior written consent of the owner of the rights in question.These Conditions of Use of the Web and the App do not confer on the User any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Web and the App, and / or its contents other than those here expressly provided. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by HAPPYFORCE or the third party owner of the rights affected.Notwithstanding all of the foregoing, if the User considers that any content on the Web or the App could violate intellectual and industrial property rights, please inform us as soon as possible, sending an email to firstname.lastname@example.org.
10. Communications.From HAPPYFORCE, we will contact the User by email or provide him with information by posting notices on the Web and / or in the App. For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that all contracts, Notification, information and other communications that we send you electronically comply with legal requirements.The notifications that the User sends us should preferably be made via email to the address email@example.com.
You can also send a communication by post to the attention of HAPPYFORCE with address at Passeig Isabel II, nº 12, 08003 Barcelona.It will be understood that the notifications have been correctly formalized and received:At the same moment that they are posted on our Website and App.24 hours after having sent an email.Three (3) days after the date of postage of any letter.To prove that the notification has been made, it will be enough to prove, in the case of a letter, that it had the correct address, it was correctly sealed and that it was duly delivered in the mail or in a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.
11. Applicable law and competent jurisdictionThe current regulations will determine the laws that must govern and the jurisdiction that must know the relations between HAPPYFORCE and the User of the Web and the App.This, however, in those cases in which said current regulations Provide the possibility for the parties to submit to a certain jurisdiction, HAPPYFORCE and the User, expressly waiving any other jurisdiction that may correspond to them, they submit to Spanish law and to the Courts and Tribunals of Barcelona.