“User” terms and conditions

These user service conditions (the “User conditions”) regulate your access and use of our tools and of the online platform for productiivity in the work place (the “Services”). Please read them carefully. Although you are connecting to a space that already exists, these user terms apply to you as a user of the Services.

Firstly

These User Conditions are legally binding.

These User Conditions are a legally binding contract between you and us. As a part of these User Conditions, you accept to fulfill the most recent version of our Acceptable Use Policy, incorported as a reference in these User Conditions.

If you use the Services or access them, or if you continue accessing or using Services after receiving a notification of a change in the Terms or Acceptable Use Policy, please confirm that you have read, understood and accepted it, becoming bound by the User Conditions and the Acceptable Use Policy. “We”, “our” and “us” currently refers to the Hearthstone organisation applicable in the Contract (defined below).

Client Options and instructions

You are an authorised user of a space controlled by a “client”

An organisation or a third party referred to by us as a “Client” in these User Conditions has invited you to a team (for example, a single domain where a group of users can access the Services as detailed in the pages of our Help Centre). If, for example, you are going to join one of your company’s spaces, the Client is your company. If you are going to join a space that has been created by a friend with your personal email address to work on her new idea, she is our Client and she authorises you to join her workspace.

What this means for you and for us

The Client has separately accepted our Customer Service Conditions or has reached a written agreement with us (in all cases, the “Contract”) that allowed the Client to create and configure equipment in such a way that you and other people may join (each of the guests with access to the Services, including yourself, is an “Authorised User”.) The Contract incudes our commitment to offer the Services to the Client, who can then invite the Authorised Users to join the team or teams.

When an Authorised User (including yourself) sends content or information to the Services, such as messages or files (Client details), you acknowledge and accept that the Client details belong to the Client and that the Contract offers the Ckient many options and control over the Client details.

For example, the Client may provide or deny access to the Services; activate or disactivate the integration of third parties; manage the authorisations, retention and export adjustment;, transfer or assign equipment, share channels or join your equipment or channels to other equipment or channels and these options and instructions may affect the access, use, dissemination, modification or elimination of some Client details.

The relationship between you, the Client and us.

REGARDING US AND THE CLIENT, YOU ACCEPT THAT IT IS SOLE RESPONSIBILITY OF THE CLIENT

(A) TO INFORM YOU AND THE AUTHORISED USERS OF ANY RELEVANT POLICY AND PRACTICE IN RELATION TO THE CLIENT AND OF ANY ADJUSTMENT THAT COULD AFFECT THE PROCESSING OF THE CLIENT DETAILS;

(B) TO OBTAIN ANY RIGHT, AUTHORISATION OR CONSENT FROM AUTHORISED USERS THAT MIGHT BE NECESSARY FOR THE LEGAL USE OF THE CLIENT DETAILS AND THE MANAGEMENT OF THE SERVICES;

(C) TO GUARANTEE THAT THE TRANSFER AND PROCESSING OF THE CLIENT DETAILS IN ACCORDANCE WITH THE CONTRACT IS CARRIED OUT IN A LEGAL WAY;

AND (D) TO RESPOND AND RESOLVE ANY CONFLICT WITH AN AUTHORISED USER RELATED TO OR BASED ON THE CLIENT DETAILS, THE SERVICES OR THE CLIENT’S INCAPACITY TO FULFILL THESE OBLIGATIONS.

ENTEXIT IS NOT RESPONSIBLE FOR, NOR DOES IT OFFER ANY TYPE OF GUARANTEE, EITHER EXPRESS OR IMPLICIT, IN RELATION TO THE SERVCIES THAT ARE PROVIDED TO YOU BASED ON THE “CURRENT CONDITION” AND “THE AVAILABILITY.”

Some basic rules

You must be of full legal age

Except, to the point that the applicable laws prohibit it, the Services are not aimed at those under the age of sixteen years and nobody under this age should use them. You declare that you are over 16 years of age and that you are the person to whom the Client’s invitation to the Services is addressed.

You cannot use the Services or access them, for any reason, if any of the statements made in the previous paragraph are not true. Notwithstanding this, you must fulfill the minimum legal age to work.

While you are here, you must comply with the rules

To guarantee a safe, productive work environment, all the Authorised Users must fulfill our Acceptable Use Policy, remaining alert, in order to inform of any unsuitable content or behaviour for the Client and for us.

You are here at the Client’s discretion (and ours)

These User Conditions will remain in force until the Client’s subscription for you expires or ends, or until the Client or we cancel your access to the Services. Please contact the Client if at any time or for any reason you wish to cancel your account, even if it is due to a disagreement with an up-date of these User Conditions or of the Acceptable Use Policy.

Limitation of liability

If we consider that there has been a breach of the Contract, of the User Conditions, of the Acceptable Use Policy, or of any other policy that could be remedied by the removal of some Client details, or any other action by the Client, in most cases we will requires the Client to carry out this action instead of intervening ourselves.

We might intervene and carry out the action that seems most appropriate to us (which includes disactivating your account) if the Client does not carry out the appropriate action or we consider that there is a credible risk of damage to us, to the Services, to the Authorised Users or to third parties.

NEITHER YOU, NOR US WILL HAVE ANY RESPONSIBILITY, UNDER ANY CIRCUMSTANCES, FOR ANY LOST PROFIT OR REVENUE, OR FOR ANY INDIRECT,SPECIAL, ACCIDNTAL, CONSEQUENTIAL, COVERAGE OR PUNITIVE DAMAGE, WHATEVER THE CAUSE MIGHT BE, EITHER DUE TO THE CONTRACT, TORT OR UNDER ANY OTHER LIABILITY PRINICIPLE, BOTH IF THE PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF THIS DAMAGE OR NOT.

UNLESS YOU ARE ALSO A CLIENT (AND WITHOUT LIMITING OUR RIGHTS AND REMEDIES BY VIRTUE OF THE CONTRACT), YOU WILL NOT HAVE ANY FINANCIAL LIABILITY TO US FOR THE INFRINGEMENT OF THESE USER CONDITIONS. THE MAXIMUM LIMIT OF OUR LIABILITY TO YOU FOR ANY INFRACTION OF THE USER CONDITIONS IS A TOTAL OF ONE HUNDRED EUROS (100€).

THE LIABILITY DISCLAIMERS DESCRIBED WILL NOT BE APPLICABLE TO THE POINT IN WHICH THE APPLICABLE LEGISLATION PROHIBITS THEM, NOR WILL THE RIGHT OF ANY OF THE PARTIES TO SEARCH FOR AND OBTAIN FAIR COMPENSATION BE LIMITED.

Application of consumer law

Hearthstone is a worktool to be used by companies and organisations and not for consumption purposes. To the fullest extent permitted by law, whereby in this document you acknowledge and accept that consumer laws are not applicable.

However, if any consumer law were to be applicable and cannot be excluded in accordance with the legislation in force, there is nothing in these Conditions of use that restricts, excludes or modifies any legal guarantee, endorsement, right or appeal that you might have; and our liability will be limited (at our choice) to the replacement, repair or resupply of the Services or the pro-rated refund to the Client of the instalments paid in advance in relation to your subscription until the end of the period.

Validity

The sections titled “The relationship between you, the Client and us”, “Limitation of liability” and “Validity”, as well as all the clauses under the general heading “General clauses”, will remain in force in the case of any term or expiry of the User Conditions occurring.

General clauses

Hearthstone email and messages

Unless established to the contrary here, all the notifications under the User Conditions will be made by email, although we may choose to notify Authorised Users through the Services in their workplace. Notifications made to Hearthstone must be sent to  comercial@hergom.com.

A notification will be considered to have been correctly delivered (a) the day after sending it, in the case of being sent by email; and (b) the same day, in the case of notifications sent through the Services. Notifications under the Contract will be sent exclusively to the Client, in accordance with the terms in this agreement.

Privacy policy

Please read through our Privacy policy to receive more information about how we collect and use the data relative to the use and functioning of our products.

Modifications

As our business evolves, these User Conditions or the Acceptable Use Policy might change. If we make a substantial change in the User Conditions or in the Acceptable Use Policy, we will notify this using a reliable method before the change comes into effect, either by writing to the email address associated to your account or by sending you a message through the Services.

You may read through the latest version of the User Conditions whenever you wish, by visiting this page and the following ones for the latest versions of the other pages referred to in these User Conditions, Acceptable Use Policy and Privacy Policy.

Any substantial review of these User Conditions will come into force on the date indicated in our notification and any other change will become effective on the date on which we publish it. If you use the Services after the effective date of any change, this use will constitute the acceptance of the terms and conditions that have been revised.

Disclaimer

No absence or delay by any of the parties when exercising a right under the User Conditions, including the Acceptable Use Policy, will constitute a disclaimer of the aforementioned right. No waiver under the User Conditions will come into effect unless it is made in writing and is signed by an authorised representiative of the party in order for the waiver to be considered accepted.

Partial invalidity

The User Conditions, including the Acceptable Use Policy will be respected as far as is permitted by the applicable legislation.

If a competent court were to determine that any clause in the User Conditions is against the law, the court will modify the clause and will interpret it as best as possible for it to meet the targets of the original clause as far as is permitted by law and the remaining clauses of the User Conditions will remain in force.

Transfer

You cannot transfer any of your rights, or delegate your obligations under these User Conditions, including the Acceptable Use Policy, either by application of the law or in any other way, without our prior consent in writing (which will not be refused without a reason).

We may transfer these User Conditions completely (including all the terms and conditions that are incorporated here for reference) without your consent for an affiliated corporation or in relation to a merger, acquisition, corporate reorganisation or sale of all or almost all our shares.

Applicable legislation; court; legal fees

The User Conditions, including the Acceptable Use Policy, and any dispute that might arise from them or that is related to them, will be ruled exclusively by the same legislation applicable to the Contract, without taking into account conflicts of laws or the United Nations Convention on Contracts for the International Sale of Goods.

The courts located in the jurisdiction corresponding to the Contract, will have exclusive competence to judge any dispute that might arise or that is related to these User Conditions, including the Acceptable Use Policy, or its formation, interpretation or fulfilment.

The parties consent and submit to the exclusive jurisdiction of the aforementioned courts. In any action or procedure to exercise the rights under the User Conditions, the prevailing party may recover the reasonable costs and legal fees.

Complete agreement

The User Conditions, including any term incorporated by reference to the User Conditions, constitute the complete agreement between you and us and replaces any other prior and contemporary agreement, proposal or representation, oral or written, referring to the subject.

In the case of conflict or inconsistency between the clauses in these User Conditions and the pages referred to in them, the terms of these User Conditions will prevail; However, if there is a conflict or an inconsistency between the Contract and the User Conditions, the Contract’s terms will prevail, followed by the clauses of these User Conditions and then by those included in the pages referred to in these User Conditions (such as the Privacy Policy).

The Client will be responsible for notifying the Authorised Users of these conflicts or inconsistencies and up until this moment, the terms established here will be binding.

Contact Hearthstone Cookware

Please do not hesitate to contact us if you have any questions about the Hearthstone Cookware User Service Conditions. You can write to us at protecciondatos@hergom.com or call us on 942 587 000.

Address: Barrio Borrancho 39110 – (Soto De La Marina) – Cantabria