The use of the Website grants the condition of User of the Website and implies the acceptance of all terms contained in these Conditions. The User must carefully read these Terms each time they access the Website, because the General Conditions are subject to change.
The Website owner reserves the right to make, at any time and without notice, any changes or updates to their content and services of the General Conditions and, in general, those elements which make up the design and configuration of the Website.
1. Website overview
In compliance with the provisions of Article 10 of Law 34/2002 from 11 July concerning information society services and electronic commerce, the following overview is provided of the Website:
Owner: Innovawin 2006, SL (hereinafter "INNOVAWIN" or "the Company")
Address: C/ Avellaneda, 47, Sabadell 08201, Barcelona (Spain)
VAT Number: ESB64205032
E-mail Address: email@example.com
Phone Number: (+34) 937556253
Fax: (+34) 937556265
Registration Information: Register of Barcelona, Volume 38580, Folio 88, Page 327, 448, Entry 1
2. Website Description
INNOVAWIN is the owner and holder of Innogetcloud Software’s exploitation rights (hereinafter "Innogetcloud"), whose main feature is the possibility of sharing, communicating, discovering and learning about technology to be able to work collaboratively and privately in the research, development and innovation of technologies and addressing the needs of R&D such as its acquisition, presentation and marketing.
INNOVAWIN’s cloud computing offers a full range of services related to the acquisition, presentation and marketing of technologies, addressing the needs of R&D and innovation.
The website is aimed at companies, universities and science and technology parks and institutions that promote innovation (accordingly, the "User") wishing to use the software provided by INNOVAWIN to assist their workers and affiliates (accordingly, the "User") offering a cloud computing tool that allows them to share, communicate, discover and learn about technologies.
Technology Calls (hereinafter, the "Technology Calls") are the requests made by Users to inform, via the Innogetcloud tool, about a problem or a specific technology need to generate and get proposals for technological solutions to that given technological problem or need.
Techs for Sale (hereinafter, the "Techs for Sale") are the offers made by Users, via the Innogetcloud tool, which provide information about an innovative product, technology, method, process or service to create opportunities for technological development of those given offers.
3. Description of Services offered
Simple access to the Website is free, except for the cost of the connection through the telecommunications network provided by the service provider contracted by the User and/or Users.
The use of certain features of Innogetcloud may require payment of services according to different payment plans.
Innogetcloud provides three modes of payment plans:
Contracting Innogetcloud’s services, depending on the payment plan, provides the following features:
4. Beginning of the provision of the Services
Once the User has completed the contracting procedure, they are able to make use of the contracted Services.
5. Duration, renewal and cancellation of the Services
Except for the "Basic" plan, whose duration is 30 calendar days, the Services will last for one calendar year starting as soon as the Services have been contracted.
The renewal of the Services shall be annual from the moment the Services have been contracted, unless there is 15-day notice by electronic communication to the following address: firstname.lastname@example.org.
The User can cancel the Services in the following cases:
6. Contracting procedure
The procedure that the User must follow to contract the services via the Website is:
In the case of the Premium and Advanced plans, the next screen shows the order number, the selected plan, the price of the selected service including VAT and method of payment. To continue with the checkout process the User must click on “Place the order”
6.2. Price and payment method
Unless expressly stated to the contrary, the prices given on the Website do not include VAT.
The payment of the contracted services can be made by direct debit, bank transfer within 30 calendar days or Paypal.
If INNOVAWIN has not received the transfer within 30 calendar days from the date of contracting the Services, the Company will terminate the Service and the User will not be able to use Innogetcloud.
Once the order has been made, the Company makes available to the User in their account area the proforma invoice of Services. The User will then receive the invoice via email.
6.4. Right of Rescission
Users who purchase Services on the Website may rescind the contract without having to justify their decision. To exercise this right, the User should inform INNOVAWIN within a maximum of 7 working days from the date on which the User contracted the Services.
In this case, INNOVAWIN shall return to the User within 30 days the full amount paid for contracting the Services.
6.5. Other Considerations
These General Conditions are only available in Spanish and English. If there are discrepancies between the General Conditions in different languages, the version in Spanish will prevail over the English one.
7. Rules for using the Website
The User agrees to use the Website and all of its contents and services as provided by the law, morality, public order and the General Conditions. Likewise, the User undertakes to make appropriate use of the Website’s services and/or contents and not use them for illegal or criminal purposes, which infringe the rights of others and/or violate intellectual or industrial property or any other applicable legal standards.
By way of example, and in no way limiting or excluding, the User agrees:
The User agrees to indemnify INNOVAWIN against any possible claim, fine, penalty or sanction that it may be obliged to endure as a result of a breach by the User of any of the conditions of use listed above; INNOVAWIN also reserves the right to seek compensation for damages accordingly.
INNOVAWIN reserves the right to prohibit any User who violates the rules and obligations under these Conditions, the use of the services offered via the Website.
In general, the User will not be required to register for simple access to the Website, while the use of certain services themselves may be subject to prior registration.
The data entered by the User must be accurate, current and truthful at all times. If the Registrant is assigned a password, they will be responsible for it at all times, assuming responsibility for any damages arising from its misuse, as well as its loan, disclosure or loss. To this end, access to restricted areas and/or use of the services and content made under the password of a Registered User shall be deemed made by the Registered User, who is liable for said access and use.
9. Intellectual Property
INNOVAWIN is the owner of the Software available to the User through this website and has the rights to exploit it. INNOVAWIN makes available to the User a Software License Agreement which is non-exclusive, non-transferable and does not allow the Software’s transfer to third parties. This license is limited and subject to the duration and features of the contracted Service.
All contents of the Website, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio content, and graphic design and source code are the intellectual property of INNOVAWIN or third parties, without being interpreted transferred or licensed to any User of the exploitation rights by the current legislation on intellectual property on them.
The trademarks, trade names or logos are owned by INNOVAWIN or third parties and it may not be construed that access to the Website confers any right to them.
INNOVAWIN does not assume any responsibility for updating this Website to keep information current or warrant that the information published is accurate or complete. Therefore, the User must confirm that the information published is accurate and complete before making any decision related to any product, service or content described on this website.
User access to the Website does not imply the Company's obligation to ensure the absence of viruses, worms or other malware. The User, in any case, is responsible for the availability of adequate tools to detect and eliminate malicious software.
INNOVAWIN is not responsible for damage caused to the software and hardware of the Users or third parties for the use of the services offered on the Website, or for any damages of any kind caused to the User as a result of failures or disconnection of telecommunications networks that produce the suspension, cancellation or discontinuance of the Website’s service.
11. Null and void
If any clause in these General Conditions be declared fully or partially invalid or unenforceable, such invalidity or unenforceability will affect only that provision or part thereof that is invalid or unenforceable, these Terms subsisting in all other respects and considered that provision wholly or partially not included.
12. Law and Jurisdiction
The General Conditions are governed by and construed in accordance with the laws of Spain. INNOVAWIN and the User agree to submit any dispute that may arise over the access, use and/or purchase of products or services through the Website, to the courts of Mataro, Spain, unless the law says otherwise.