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Terms of service

Thank you for visiting the GONARCH website. This document outlines the terms and conditions governing the use of GONARCH website (hereafter referred as the “Website”) offered by:GONARCH SOFTWARE AND CONSULTING, a company registered under Cadiz’s, and business address at Gavion street, 30th in Chiclana, Cadiz (Spain), and its affiliates (hereinafter referred to as "GONARCH").GONARCH makes this document available to users in accordance with the obligations set forth in the Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSICE), as well as to inform all users of the website about the conditions of use of the latter.

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Preamble

By browsing through the Website and by using the services thereof, you acquire the status of user. By accessing and using the Website, the user accepts and agrees to be bound to and abide by these Terms and Conditions (hereafter referred to as “Terms”) as well as by GONARCH Privacy Policy. If the user does not follow the present Terms or any notice that may be given by GONARCH while using the Website services, this shall constitute grounds for termination, being the access to the Website blocked, and the right to use any of the services thereof removed without further notice and independent of any other decisions that may be taken by GONARCH.When required to provide personal data for accessing certain content or service, the user will guarantee its veracity, accuracy, authenticity, and validity. GONARCH will give said data the corresponding automated treatment depending on its nature or purpose, all this in compliance with the GDPR, LOPDGDD and LSSI, in the terms indicated in the GONARCH Privacy Policy. The User will be solely responsible for the false or inaccurate statements made and the damages caused to the company or third parties due to the information provided.GONARCH strongly advises the user to carefully read these Terms and to print or save an electronic copy of these Terms, even though they will be always available on the Website.For business to business and/or regulatory queries/issues please do not hesitate to contact us through the following email address: support@gonarch.tech.IMPORTANT NOTICE TO USER: By using this website, the user agrees to and will be deemed to be bound by these Terms. If you do not want to be bound by these Terms, please refrain from accessing or using the Website.

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Specific Product Information

Among other things, the Website provides information concerning GONARCH services and features as well as information on how to purchase such GONARCH services. These Terms and the information provided within the Website in no way override the specific terms and conditions covering the purchase of GONARCH services except as specifically provided herein. To the extent any area within the Website contains specific terms and conditions or disclaimer (hereafter referred as “Specific Terms”) concerning its use, those Specific Terms are in addition to these Terms. To the extent that there is a direct conflict, between these Terms and the Specific Terms, the Specific Terms shall prevail.

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Changes in Terms

GONARCH has the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new Terms and Conditions with respect to access to or use of the Website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Website. The user is responsible for reviewing the Website periodically for any modification to this Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by GONARCH to these Terms.
No modification to these Terms by any party other than GONARCH shall be valid or enforceable against GONARCH unless expressly agreed to by GONARCH in writing and signed by a duly authorized officer of GONARCH.IMPORTANT NOTICE TO USER: Any access or use of the Website by you after notice of revisions or additions to these Terms shall constitute and be deemed to be your acknowledgement of and agreement to such revisions or additions.

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Termination

These Terms are effective until terminated by GONARCH. GONARCH may terminate these Terms without notice and at any time. In the event of termination, the user shall no longer be authorized to access the Website.
The restrictions imposed on the user with respect to the Content (defined below), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
GONARCH shall also have the right, at its sole and absolute discretion, without notice, and at any time to terminate the Website or any portion thereof, or any products or services offered through the Website, or to terminate any individual’s right to access or use the Website or any portion thereof.

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Compliance with Laws

The user agrees to comply with all applicable laws, statutes, ordinances, and regulations regarding their use of the Website.

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Content

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Website, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content”.
The Content may contain errors, omissions, or typographical errors or may be out of date. GONARCH may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on GONARCH in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by GONARCH or by third parties that have licensed their use to GONARCH.
Except as provided in the foregoing, GONARCH does not grant the user or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the website, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium.
Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by GONARCH is strictly prohibited.
If the user does not have the express written permission of GONARCH or, where appropriate, the express written permission of the rights holder, it is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, post, transmit, use, process or distribute any form of all or part of the Content on the service.
It is expressly prohibited to establish any links and / or similar third-party devices that lead the user directly to content and/or services offered by GONARCH (“deep linking”). The User may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movies, page layouts, or form) of GONARCH without the express written consent of GONARCH. You may not use META tags or any other "hidden text" which utilize www.gonarch.tech, GONARCH, or any other derivative of our domain or company name without the express written consent of GONARCH. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of GONARCH as long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.
The website contains copyright material, trade names and brands and other proprietary information, therefore is protected by copyright laws, registered, and unregistered trademarks, database rights and other intellectual property rights under the related applicable trademark and copyright rights regulations.

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User Responsibilities

In addition to the provisions of section 6 above, while accessing and using the Website and its Content, the user shall refrain from:Make unauthorized or fraudulent use of the Website and/or the Content i) for illicit purposes or effects, prohibited in these Terms, ii) harmful to the rights and interests of third parties, or iii) that in any way may damage, disable, overload, deteriorate or prevent the normal use of the services or documents, files and all kinds of content stored on any computer equipment.
Access or attempt to access resources or restricted areas of the Website, without meeting the conditions required for said access.
Cause damages to the physical or logical systems of the Website, its suppliers or third parties.
Introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the physical and/or logical systems of GONARCH, its suppliers or third parties.

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Use of Passwords

If the user is provided with a password to access some of the services and/or Contents of the Website, the user agrees to use it diligently, keeping it secret at all times. Consequently, it will be responsible for its proper custody and confidentiality, agreeing not to transfer it to third parties, temporarily or permanently, nor to allow access to the aforementioned services and/or contents by third parties. Likewise, the user is obliged to notify GONARCH of any event that may lead to improper use of their password, such as, without limitation, its theft, loss, or unauthorized access, in order to proceed with its immediate cancellation. Consequently, as long as the previous notification is not made, GONARCH will be exempt from any liability that may arise from the improper use of the user password, being the user responsibility any illegal use of the Content and/or services of the Website by any illegitimate third party. If the user negligently or willfully fails to comply with any of the obligations established in these Terms, the user will be liable for all damages and losses that may arise for GONARCH from said breach.

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Cookies

GONARCH reserves the right to use "cookie" technology on the Website, in order to recognize the user as a frequent user and personalize its use of the Website by pre-selecting its language, or the most desired or specific content. The Cookies Policy is available under section 5 of the GONARCH Privacy Policy.

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Linked Third Party Sites

Links to other Internet sites operated by third parties, including GONARCH vendors/licensors, do not constitute sponsorship, endorsement, or approval by GONARCH of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by GONARCH, and GONARCH is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation to privacy policies and practices. Links to other sites are provided for your convenience only, and you may access them at your own risk.

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Disclaimers and Limitation of Liability as to the Website and Content

To the full extent permissible by applicable law, GONARCH makes no warranties or representations whatsoever, express, or implied, with respect to the Website or any linked site or its content, including the availability of any site or the content thereof, information and materials on it or the accuracy, completeness, or timeliness of such content, information, and materials. GONARCH also does not warrant or represent that the user’s access to or use of the Website or any linked site will be uninterrupted or free of errors or omissions, those faults will be corrected, or that the Website or any linked site is free of computer viruses or other harmful components. Without limiting the foregoing, all Content provided on the Website is provided to users “as is,” without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, non-infringement, security, or accuracy. The “as is” condition of Content is an expressly made condition of any transaction arising through or because of the use of the Website.GONARCH shall not be responsible in the event of Website’s downtimes, if this is due to prolonged interruptions of the electrical supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous events.Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

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Indemnification

The user agrees to defend, indemnify, and hold harmless GONARCH, its affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to the user’s breach of these Terms or the user’s access to or use of the Website (including negligent or wrongful conduct). The foregoing indemnification obligation shall survive the termination of these Terms and the Website, and any product or service provided to the user arising out of or relating to your use of the Website.

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Miscellaneous

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by GONARCH of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.GONARCH shall not be liable for any Website’s nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, terrorism, strikes, lockouts, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.This Terms shall be governed by and construed in accordance with the laws of Spain, without regard to conflicts of law provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, these Terms or the use of the Website shall be the competent courts of Cadiz, Spain.

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