Terms & Conditions

1. Scope of Application

1.1 These terms and conditions (hereinafter, “these Terms”) stated herein shall govern, together with the Privacy Policy and Cookies, the relationship between you and NETRIVALS, S.L. (hereinafter, “NETRIVALS”).
1.2 These Terms regulate the services provided by NETRIVALS through the domain www.netrivals.com and its subdomains (hereinafter, “the Platform”).
1.3 NETRIVALS is a Spanish company with registered offices at Tecnocampus TCM2, Av. Ernest Lluch, 32, 08302 – Mataró (Barcelona) and tax identification number B66612508. NETRIVALS is registered in the Mercantile Registry of Barcelona, Volume 45008, Sheet 29, Page B 474114, Entry 1.
1.4 The person who uses the services provided by NETRIVALS (hereinafter, “the User”) accepts these Terms; such acceptance constitutes a legally binding agreement between the User and NETRIVALS. In the event of not agreeing with these Terms, the User must leave the Platform immediately and not use the services. By expressly accepting these Terms, the User warrants that:

a) The User is of legal age and have read and understood the conditions set in these Terms.

b) The User undertakes all of the obligations set forth herein.

c) The User acknowledges and agrees that these Terms are a binding legal agreement entered into by the User and NETRIVALS or NETRIVALS and the Company which the User legally represents.

d) In the event of contracting any service and/or product, the User has legal capacity to accept these Terms.

1.5 NETRIVALS offers price monitoring services to help Users to track and compare the prices and pricing information for identical or similar products offered by different sellers (hereinafter, “the Services”).
1.6 The Services are exclusively made available for professionals and companies. The User expressly manifests either to be a professional or to legally represent a company and that will use the Services solely for professional purposes.
1.7 NETRIVALS reserves the right, at any time, in its sole discretion, without cause and prior notice, to modify, suspend or discontinue the Services.

2. Registration and Use of Access Keys

2.1 The access to the Services is subject to the prior registration of the User. The data requested by NETRIVALS and provided by the User must be accurate, up-to-date and true.
2.2 Once registered, the User shall be responsible, at all times, for safekeeping his access keys (username and password); being the User liable for any damage or loss as result of the misuse, assignment, disclosure or loss of the access keys.
2.3 The User’s access keys are personal and non-transferable. Any accessmadewith the User’s access keys shall be considered to have been made by the User himself. Any action or obligation undertaken under such access keys shall be binding to the User.

3. Rules of the Services

3.1 The User shall use the Services in accordance with the law, moral principles and public order as well as these Terms. The User shall refrain from using the Services for illegal activities or purposes that may be considered illegal or criminal offence against third parties or otherwise violate any applicable law. Moreover, the User is not allowed to:

a) Make public any data or content from the Services.

b) Copy, save or download any data or content from the Services.

c) Reproduce, distribute or transmit any data or content from the Services or from the Platform.

d) Provide third parties with any type of information, element or content that may constitute a breach of intellectual property rights, patents, brands or copyright held by NETRIVALS or third parties.

e) Transmit or provide third parties with any type of information, element or content deemed to be a violation of privacy or data protection laws.

4. Linked Sites, Content or Data

4.1 the Services may contain links, content, data, directories and search engines that enable the User to access third party websites and portals (“Linked Content”). In such case, NETRIVALS shall only be responsible for the Linked Content provided through the Linked Sites when it has effective knowledge of any unlawful activity and does not proceed to remove the Linked Content diligently in accordance with the applicable law.
4.2 Should the User consider that a Linked Content contains unlawful, inappropriate or inaccurate content, he must inform NETRIVALS of such circumstance. In no case shall such notice impose on NETRIVALS an obligation to remove such link.
4.3 The inclusion of Linked Content on the Platform neither implies an agreement between NETRIVALS and the owners of the LinkedContent nor implies any recommendation or the endorsement of the Linked Contentand/or its content by NETRIVALS.
4.4 Unless otherwise stated on the Platform, NETRIVALS is unaware of the content and services of the Linked Content and, consequently, shall not be held liable for any damage caused to the User or third parties by the unlawfulness nature, quality, outdating, unavailability, error or futility of the Linked Content.

5. Intellectual Property

5.1 All content in connection or arising out of the Services is owned by NETRIVALS or third parties, including, but not limited to, information, data, texts, photographs, graphics, images, icons, technology, software, links and any other audiovisual o sound content as well as its graphic design and source code. Under no circumstance shall the rights of use and rights of exploitation contemplated in the intellectual property legislation in force of the aforementioned content be deemed to have been assigned to the User.
5.2 The trademarks, trade names or distinctive signs of any class displayed on the Platform or the Services are owned by NETRIVALS or third parties; under no circumstance shall their trademark rights be deemed to have been assigned to the User.
5.3 In regards to NETRIVALS’ Application Programming Interface (“API”), NETRIVALS only grants to the User a personal, worldwide, non-transferable, non-exclusive license for the duration of the Services.
5.4 The User is forbidden of, whether partially or fully, copying, modifying, disassembling,reverse-engineering, decompiling, taking any action to derive the source code or creating derivative works of the Platform, the Services or the API as well as any updates and upgrades thereof.

6. Contracting the Services

6.1 The language in which the User shall be able to contract the Services is English.
6.2 The User must select one of the different Service options made available by NETRIVALS and fill out all the necessary forms with the information requested by NETRIVALS. The User shall follow any instructions provided by NETRIVALS throughout the process.
6.3 The User shall read, agree and accept these Terms, NETRIVALS Privacy Policy and any other legal notice featured on the Platform by checking a box or clicking on a button enabled for that purpose. The acceptance of these Terms by the User shall constitute a valid and binding agreement between NETRIVALS and the User.
6.4 Once the contracting process is completed, the User shall receive a confirmation email.
6.5 NETRIVALS shall keep a proof of the electronic contracting process completed by the User in order to contract the Services. Nevertheless, such proof will not be available for the User.

7. Correction and Identification of Errors

7.1 In the event of not filling out a field marked as required, the User shall not be able to continue with the process until such required field has been filled out. A message indicating such circumstance will be displayed on the screen.
7.2 The User may, at any time, change, correct, add and/or update any information by accessing the User account accessible via the Platform.

8. Fees and Payment Terms

8.1 The pricing schedule of the Services and the Services characteristics are displayed on the following URL address www.netrivals.com/pricing.html. The fees to be paid by the User shall be determined by the characteristics of the Services (hereinafter, “the Plan”).
8.2 The Valued Added Tax (VAT) is not included in the fees of the Plans.
8.3 NETRIVALS will charge in advance and automatically to the User’s credit card the fees due based on the Plan contracted by the User on a monthly basis without any prior notice. The fees are non-refundable.
8.4 The payment processing shall be performed by a third party selected by NETRIVALS (hereinafter, “the Payment Processor”). In the event that the NETRIVALS cannot process payment in a timely manner, NETRIVALS reserves the right, at any time and without any prior notice, to terminate or suspend the Services.
8.5 If the User’s credit card is declined or payment is not processed accordingly, the User shall provide NETRIVALS with another valid credit card or make payment within 30 days from the date the fees are due; otherwise, NETRIVALS may terminate the Services. Once the payment is successfully made, the Plan will be renewed as of the original date of renewal, regardless of the date on which payment is made; that is, on the date the fees were due.
8.6 NETRIVALS reserves the right to change the fees of the Plans at any time in its sole discretion. In the event of fees change, NETRIVALS shall inform the User by email or via the Platform of such change. If the User does not agree with the fees change, the User may terminate the Services as provided in these Terms. In case the User continues to use the Services once the fees change becomes effective, the revised fees shall be deemed to have been accepted by the User.

9. Term and Termination

9.1 These Terms shall become effective on the date the User accepts to be bound by these Terms or uses the Services as described herein and shall continue to be effective indefinitely until the provision of the Services is terminated by either NETRIVALS or the User.
9.2 Either NETRIVALS or the User may terminate the Services at any time for any reason by giving at least 30 days written notice to the other party prior to the termination date.
9.3 Upon termination, all rights and obligations emanated from these Terms and the Services shall cease immediately except for the rights and obligations that logically shall survive termination or as established in these Terms.

10. Disclaimer of Warranty

10.1 THE USER ACKNOWLEDGES AND EXPRESSLY ACCEPTS THAT THE SERVICES ARE BASED ON AN EXPERIMENTAL AND BETA TECHNOLOGY WHICH IMPLIES THAT THE SERVICES MAY NOT BE COMPLETE OR FULLY FUNCTIONAL, UP-TO-DATE, RELIABLE, ERROR-FREE OR WITH ACCURATE INFORMATION. NETRIVALS PROVIDES THE SERVICES ON A “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR NON-INFRINGEMENT AND THIRD PARTY RIGHTS.
10.2 NETRIVALS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET USER᾽S REQUIREMENTS, NEEDS OR EXPECTATIONS, THE INFORMATION PROVIDED BY NETRIVALS IS ACCURATE, COMPLETE OR CURRENT OR THAT SERVICES SHALL BE AVAILABLE AT ALL TIMES, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS OF THE SERVICES WILL BE CORRECTED. THE USER᾽S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS THEIR TERMINATION.

11. Limitation of Liability

10.1 In no event shall NETRIVALS, its affiliates, subsidiaries, or its or their directors, agents, officers or employees (collectively, the “NETRIVALS Parties”) shall be liable for lost profits, costs of procuring substitute services or goods, lost business, or for any indirect, incidental, consequential, punitive, or other special damages suffered by the User in connection with or arising out of these Terms or the Services, regardless of whether NETRIVALS had been advised of or could have foreseen the possibility of such damages.
10.2 In no event shall NETRIVALS’ aggregate liability in connection with or arising out of these Terms or the Services exceed the amount paid by the User in the previous month or invoice preceding the claim per event. A series of events shall be considered as one single event. If the applicable law limits the herein limitation of liability for negligence, consequential, incidental or other damages, NETRIVALS’ aggregate liability will be limited to the extent permissible by the applicable law.

12. Indemnity

12.1 The User shall defend, indemnify, and hold NETRIVALS Parties harmless from and against any and all claims, actions, or demands and relating costs, damages and liability (including, without limitation, reasonable attorneys᾽ fees) arising or resulting from breach by User of these Terms; any use or misuse of the Services using the User’s access keys or under the User’s account; and any claims brought against NETRIVALS Parties as result of the User’s acts or omissions.

13. Contact Details

13.1 In the event of having any question, request or complaint or requiring assistance, the User may contact NETRIVALS by sending a certified mail to its registered offices or an electronic mail at info@netrivals.com or by calling the following phone number (+34) 931.696.559.
13.2 Any notice, demand, request or consent which may or is required to be given by NETRIVALS pursuant to these Terms shall be sufficiently given if sent to the email address provided by the User to that effect.

14. Modifications

14.1 NETRIVALS reserves the right to modify, amend or update, at any time and without prior notice or cause, the Services and their pricing as well as any aspect of these Terms.
14.2 NETRIVALS shall, whenever possible, notify the User by any reasonable means, including email, of any material substantive changes to these Terms or the Services. The User should review these Terms whenever accessing the Platform.
14.3 The effective date of the revised Terms shall be specified in a notice, in the revised Terms itself or on the Platform.
14.4 In the event that the User continues to use the Services once the modifications to these Terms or the Services become effective, the User shall be deemed to have accepted the modifications.

15. Assignment

15.1 NETRIVALS may assign any of its rights or obligations hereunder in its sole discretion.
15.2 The User may not assign any of its rights or obligations hereunder without NETRIVALS’ prior written consent. Any assignment by the User without such consent shall be null and void.

16. Independent Contractors

16.1 NETRIVALS and the User are independent contractors. Neither NETRIVALS nor the User is an agent, representative or partner of the other.
16.2 The User shall not have the power or authority to enter into any agreement for or on behalf of NETRIVALS.
16.3 These Terms and the Services may not be construed as creating or constituting a partnership, joint venture or any other association between NETRIVALS and the User.

17. Severability

17.1 In the event that a provision of these Terms is declared by any court or administrative body or authority of competent jurisdiction over NETRIVALS to be illegal, invalid or unenforceable, in whole or in part, such provision shall be severed from these Terms without modifying any other section or part of these Terms. In any case, the void provision shall be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms shall continue in full force and effect.
17.2 NETRIVALS and the User hereby waive any provision of law that would render any provision of these Terms invalid or otherwise unenforceable in any respect.
17.3 The severed provision may be modified or replaced at the NETRIVALS᾽ discretion by an enforceable provision that most closely reflects the original intention and/or purpose of the severed provision.

18. Waiver

18.1 No failure or delay by NETRIVALS in exercising or enforcing any right, power, privilege or remedy in connection with or arising out of these Terms shall operate as a waiver of any such right, power, privilege or remedy.
18.2 Any waiver of any right, power, privilege or remedy arising out of these Terms shall only be effective unless in writing by an authorised person of NETRIVALS.

19. Choice of Law & Dispute Resolution

19.1 These Terms shall be governed and interpreted in accordance with the laws of Spain.
19.2 Any dispute that may arise regarding these Terms or the Services between NETRIVALS and the User shall be resolved through negotiations. If the matter is not resolved within 30 days from the dispute notice, NETRIVALS shall exclusively resolve the dispute through the institutional arbitration of the Tribunal Arbitral de Barcelona de la Asociación Catalana para el Arbitraje (TAB) (hereinafter, “the Barcelona Court of Arbitration”) or whichever organization that may replace it in the future.
19.3 The proceedings before the Barcelona Court of Arbitration shall be conducted in the Spanish language.
19.4 The decision of the Barcelona Court of Arbitration shall be binding and final to NETRIVALS and the User. The arbitration award shall not be subject to any type of judicial appeal or court review.
19.5 The fees, costs and expenses in connection with the arbitration shall be borne by the losing party.
19.6 NETRIVALS and the User waive their rights to file a lawsuit against the other or submit legal disputes to courts and administrative bodies in connection with these Terms or the Services.