TERMS AND CONDITIONS OF SALE

1.- Purpose and Overview.

These Terms and Conditions of Sale (hereinafter, the “Terms and Conditions”) govern the purchasing conditions of the products of Geeksme S.L. (hereinafter the “Products”) through the website www.geeksme.com (hereinafter, the “Website”).

Geeksme provides information about Products and offers the possibility to purchase them through the Website. Individuals intending to acquire such Products need to have the status of “registered user” (hereinafter, the “User”), status which is acquired by successfully filling in the relevant registration form prior to the purchasing process; they may subsequently follow the steps indicated in the Geeksme Website. Once registered, the User will have a username and a password which enables him to modify shipping information, subscription or not to the newsletter and to know the purchasing status.

Users accessing the Website who register and purchase any product through the Website acknowledge having read in detail, reviewed and fully accepted these Terms and Conditions, the particular conditions applicable to the purchased Products, the Legal Notice as described at the time the Users gain access to the Website. Furthermore, the User agrees to submit and be bound by its obligations, instructions, guidelines and proceedings.

Minors without the consent of their parents or tutors could not be Users of the Website. Geeksme assumes that those minors who access the Website have permission of their tutors or parents at the time they enter to the Website, who must know and accept the Terms and Conditions in force at the moment the minor under their responsibility logs on the Website.

The wearable devices offered in the Website require for their correct functioning that the User has downloaded the “Geeksme” application in the mobile device. The User knows that those Products which require that application may not function or may not function properly if the User decides to not download the application or the updates. Click here for consulting the application’s terms of use.

Geeksme shall not assume any liability in the event that the User decides to not download the application, part of it, or the updates offered by Geeksme, whether such behaviour leads to malfunction or to the impossibility of using the wearable devices.

 

2.- Product Information.

Photographs, images, graphic or iconographic representations and videos related to Geeksme’s Products are designed to provide the maximum available information; this notwithstanding, the User shall take into account that such information is intended as mere guidance and, consequently, such information may not be comprehensive.

Geeksme reserves the right to decide, at any time, which Products will be offered to the Users through the Website. Thus, Geeksme may at any time add new Products to those included in the Website which shall be governed by the Terms and Conditions unless otherwise agreed.

Likewise, Geeksme also reserves the right to discontinue access at any time and without prior notice to any of the Products offered in the Website.

In the event that, due to force majeure, a Product is not available after performing the purchase, Geeksme shall inform the User via email of the total or, as the case may be, partial cancellation of the order. Partial cancellation of the order does not entitle the User to cancel the entire order, without prejudice to the User’s right of withdrawal, in accordance with these Terms and Conditions.

 

3. – Product Sales System

In order to proceed with the purchase of the Products, the User shall select the desired Product and add it to the “Shopping basket”.

Once the Product intended to be acquired is selected, the User shall indicate the form of delivery, delivery address and payment method within the « Shopping basket » section and then click on the « Confirm Order » button.

User name, email address and password provided to Geeksme, are identifier elements enabling access to the Website, and performance of the purchase and shall be considered as personal and non-transferable information.

Once the purchasing process has been completed, Geeksme will within twenty-four (24) hours send an email confirming the placed order. Geeksme will send the User the corresponding invoice within thirty (30) days from the purchase date.

The aforementioned email will include the particular conditions of the acquisition of the concrete product that has been purchased (the “Particular Conditions”).

Every order is reviewed by Geeksme’s order verification team. The order verification team may request the User a proof of address and/or identification evidence prior to executing the purchase order. In such cases, Geeksme will contact the User and ask for any details required.

If the User makes the payment by credit or debit card, Geeksme may perform datachecks or request « authorizations » from the card holder for security reasons. If a problem ever occurs with the authorization of the credit or debit card, Geeksme will contact the User to request further details.

 

4.- Product Prices

Products’ prices offered on the Website include VAT where applicable. The shipment costs of the Product will be at the User’s cost. Likewise, any shipping costs, duty or importation expenses that may exist according to the country of destination of the Products will be payable by the User.

Geeksme reserves the right to modify at any time the prices shown on the Website. The Products shall be invoiced at the current price reflected on the Website at the moment of recording the order.

 

5.- Products payment

Purchased products and shipping costs may be paid by credit or debit card (Visa, Mastercard, JCB, Amex y Diners).

To proceed with the payment, the User shall follow the instructions on the screen, and provide the following information:

  • Card number.
  • Cardholder.
  • CVV2 code.
  • Expiry date.

Please note that Geeksme shall not retain information regarding Users’s banking data. Likewise, Geeksme informs credit and debit cardholders and/or card users that the correct execution of transactions through this method of payment will be responsibility of the issuing entities of the abovementioned cards.

The User shall notify Geeksme, via phone (+34) ) 902 00 65 20 or email: support@geeksme.com, of any improper or fraudulent charge on the bank account provided for purchasing the Products offered on the Website, as early as possible in order for Geeksme to undertake the steps that it deems appropriate.

 

6.- Product Warranty

All Products offered on the Website have a legal warranty for two (2) years. Geeksme only guarantees material and manufacturing defects of the hardware and any accessories included in the original packaging, as long as they are used according to the User’s manual of each product (hereinafter “User’s Manual”) and the technical specifications provided by Geeksme and available in www.geeksme.com/manual, as well as any other instructions for public use of the Products within two (2) years since the purchasing date.

This warranty will not be applicable in the following scenarios: (a) consumable parts such as batteries, protective coatings designed to become severely worn over time, except in the case of failures caused by defects in materials or in manufacturing; (b) superficial damages (esthetical) including (without excluding others) scratches, cracks, breaking plastic and/or silicon; (c) damages caused by accident, improper use, incorrect use, carelessness, contact with liquids, fire, earthquakes or any other external cause; (d) damages caused by using the Products without following the instructions of the User’s Manual, the technical specifications or any other public instruction of the Products; (e) damages caused by a service (including updates and extensions) which has not been provided by a representative of Geeksme nor a supplier of services authorised by Geeksme; (f) Geekme’s Products that have been modified in order to alter their functions or capabilities without the previous written consent of Geeksme; (g) damages caused by the regular use or as a result of the ordinary wear and tear of the Products; (h) if the serial number of the product has been eliminated or manipulated; or (i) if the Products have been stolen or Geeksme have reasonable grounds to believe that the Products have been stolen based on the information provided by the public security forces.

 

7.- Products Delivery

Geeksme performs domestic and international shipments in Europe and the United States. For shipments to other countries, Geeksme reserves the right not to ship to any countries or territories that it deems appropriate.

Geeksme will make every effort to process and ship all orders placed between 24 to 72 hours from Monday to Friday. All orders placed between 19:00 pm on Friday and 15:00 am on Monday will be processed and delivered at the beginning of the next week. If Geeksme is unable to process and ship the order at the times above indicated, the User will be notified by email. Delivery times may vary for national or international deliveries depending on the carrier.

When an order is ready for shipment, the User will receive an email with the delivery date when the Products have been send to the carrier by Geeksme. Additionally, the carrier could notify to the User the exact date of the order delivery.

Geeksme shall not be liable for delays in delivery, which is responsibility of the delivery service provider.

Delivery will be made at the specified address stated in the registration form or to the shipping address indicated by the User had during the purchasing process.

Geeksme shall not be held responsible for any errors committed or damages caused during delivery when the delivery address provided by the User does not match the delivery address wished by the User.

 

8.- Returning Products

(i) Right of withdrawal

The User shall have a period of fourteen (14) natural days from delivery of the Product to totally or partially withdraw from the purchase of the product.

Following expiry of such fourteen (14) business days period, Geeksme will not accept Product returns for withdrawal from purchases.

In case the User cancels a purchase order, the User must contact Geeksme through the phone number +34 902 00 65 20 or send an email to support@geeksme.com

In the event of withdrawing from a purchase, the following requirements shall be fulfilled:

1) The Product must be in the same conditions as delivered and will retain its original packaging and labeling.

2) Return to Geeksme shall be done using the same box or envelope used in the delivery or, failing that, in some similar format ensuring the return of the products in perfect condition.
3) A copy of proof of purchase and the delivery note of the Products must be included in the package. User shall also indicate the returned products and the reason for return.

The withdrawal order shall be sent to Geeksme’s address, C/ Manuel Silvela 1, 28010, Madrid, (Spain). The User will bear the return shipping costs when exercising the right of withdrawal.

(ii) Return of defective products

Without prejudice to any other rights that may apply, the User shall have the right of reimbursement of the price the defective Products or if the Products delivered do not correspond to the order placed by the User. Alternatively, the User shall be entitled to claim, and have delivered, an equal product, in perfect condition.

In the event of returning defective Products to Geeksme or where Products do not fulfill the purchase order, the User shall act as stated in the previous paragraph (i) above. In such cases, however, the User shall not bear any cost related to the return of the Products, as long as the shipping is completed in the European Union.

Provided the User has followed the procedure set out in paragraph (i) above and has duly satisfied the requirements set forth in these Terms and Conditions, Geeksme will refund the price paid for the returned Products which are defective or do not correspond to the purchase order made by the User, as provided in paragraph (iii) below.

(iii) Refund of the Products price to the User

Provided that the User has followed the procedures set forth in these Terms and Conditions and has fulfilled the requirements set out in them, Geeksme will refund the price paid by the User for Products returned within a maximum period of fourteen (14) days from the communication to Geeksme of the withdrawal intention of the contract. If the User does not proceed to make the refund of the Products in a period of fourteen (14) calendar days since communicating the withdrawal decision, Geeksme will be entitled to withhold the reimbursement of the sums paid by the User until its effective return.

The User shall not have the right to be reimbursed the price of any Products that are not returned in the same condition they were delivered, or where the requirements of these Terms and Conditions are not fulfilled.

 

 

9.- Complaints

The User may file a complaint concerning the services or Products provided by Geeksme, by sending an email to support@geeksme.com.

Geeksme will make reasonable efforts to respond to the complaints filed by the Users within the following five (5) business days.

 

4.- Communications between Geeksme and User

All communications between Geeksme and the User relating to these Terms and Conditions or to the purchase orders carried out through the Website, will be in accordance with the procedures established in these Terms and Conditions for each particular case.

For the remaining cases not expressly regulated in these Terms and Conditions, the User’s communications to Geeksme concerning the use and management of the purchased Product shall be sent to support@geeksme.com.

Such communications shall be in writing and through a system allowing to evidence the content and receipt of the relevant communication by Geeksme.

 

11 -. Secrecy of communications

Geeksme is committed to adopting the necessary technical means available at each time, to guarantee the constitutionally recognized secrecy of communications, without prejudice to any legally authorised interceptions, when appropriate. Geeksme expressly disclaims any liability for the acquisition by the User or by any third party of recorded telephone conversations, for any use or dissemination thereof, and in general, for any actions or omissions not attributable to Geeksme or beyond its control, that could breach the confidentiality and secrecy of communications.

 

12 -. Proper use of the Product

The User agrees to expressly comply with these Terms and Conditions, to make proper use of the Products purchased on the Website in accordance with the legislation in force, public policy and the principle of good faith, and to refrain from any behaviour infringing upon the rights of third parties. The User shall not use his/her status as a buyer of the Products of the Website to carry on any business activity or to resell the Products purchased on the Website or exploit them for any other purposes, in any form. Failure to comply, as assessed by Geeksme, in its sole discretion with any of the above obligations shall entitle Geeksme to terminate automatically, without previous notification, any contract with the User.

Geeksme informs that its Website (www.geeksme.com) is a safe environment to perform operations, so that User is required to avoid using any collection of personal data from the Internet on behalf of Geeksme outside their safe web environment and, likewise, to refrain from providing personal information through any means suspected not safe.

In order for Geeksme to be able to provide an adequate and safe service, the User hereby authorizes Geeksme, to use filtering technology or other security measures to guarantee the rights of the User and prevent fraud or illegal or irregular use of the Website.

 

13.- Other services

Geeksme will make available to Users who acquires wearable devices a range of suggestions or tips about physical activity, healthy living habits or environmentally friendly habits. Tips could be based on the information provided by the User in the corresponding form so that the User shall be responsible to maintain the data properly updated and consequently, the tips about physical activity, healthy living habits or environmentally friendly habits will correspond to the User’s reality.

 

14. Liability of Geeksme.

Geeksme shall not be held liable, under any circumstances, for the use that the User or third parties could make of the Products purchased on the Website.

The maximum amount that Geeksme would assume for any damage, shall not in any event exceed the amount that the User has paid for the acquisition of any of the available Products on the Website.

Geeksme does not have the obligation to verify the authenticity, accuracy, adequacy and update of the information filled in the Website forms by the Users. Geeksme is not responsible of any damages caused to the User for having provided false, insufficient, inaccurate or incorrect information.

Under any circumstance the tips provided by Geeksme to the costumer constitute medical advice and are not supported by a medical staff of qualified professionals. Geeksme does not assume liability for the decisions made on the basis of the tips provided by Geeksme nor for the possible damages caused to the User or to a third party, as a result of the data provided by Geeksme in the tips. Geeksme is not responsible for the achievement of goals or results of the Users that have followed the instructions included in the tips.

Geeksme shall not be liable in those cases where parents or tutors of underage or disabled users must authorize the purchase, the access to the “Geeksme” application, personal information supply or the use of the Website. It is responsibility of parents or tutors monitoring access and use of the Website or the application “Geeksme” of underage or disabled Users.

Geeksme is not responsible for the damages that could be caused to the computer equipment or to mobile devices belonged to the User or third partys during the Website access or by the use of Geeksme application.

 

15.- Data protection

In order to buy Products through the Webiste and to use “Geeksme” application required for the use of wearable devices, Geeksme will request the User some personal information. Geeksme will previously provide the User the necessary information to be properly informed about the inclusion of his data in the respective file. Click here for knowing Geeksme’s Policy about treatment and protection of User’s personal data.

 

16.- Reports and statistics.

The information of the User which is solicited during the service subscription through the application is addressed to adjust the algorithms that calculates the information about distance covered, calories and burned fat, etc., based on the User’s profile. The same information is required during the registration process and also enables the fact that the suggestions or tips will be adjusted to the user’s profile and to increase its effectiveness.

The User expressly consents that Geeksme is able to make reports or statistics in an anonymous and dissociated way about life models, behaviours and conduct habits of the user’s products based on the data provided in the pertinent forms in order to know behavioural profiles and habits from database with the aim of improving and offering a range of products and services according to the users’ tastes.

Those reports will not identify the User in any case and will remain anonymous.

 

17.- Integrity of the Terms and Conditions

These Terms and Conditions (including Particular Conditions), together with the Privacy Policy and Legal Notice, form the sole and express agreement of Geeksme and the User, in relation to their subject matter and supersede and replace any other agreements or contracts, oral or written, previously reached by the parties.

 

18.- Severability

In case that any clause of these Terms and Conditions is declared invalid, it shall be removed or replaced. Such declaration of invalidity shall not affect the validity of the remaining provisions in these Terms and Conditions.

 

19.- Jurisdiction and applicable law

These Terms and Conditions are governed and interpreted in accordance with Spanish law.

In the event that there is any discrepancy or claim between the parties relating to the performance or the content of these Terms and Conditions, the parties agree to submit the controversy to the Court of Madrid, Spain.

TERMS AND CONDITIONS OF THE APPLICATION

1.- Purpose and General Considerations

These general terms and conditions (hereinafter the « General Terms and Conditions« ) govern the terms of use of the Application (hereinafter, the « Application« ) developed by Geeksme, S.L. (hereinafter, « Geeksme« ).

The Application is expressly designed to enable the operation, manage the information collected by the Geeksme wrist band (hereinafter, the « Wearable Device« ) and offer the possibility to manage it through the Application or, where appropriate, with any other wearable device declared compatible by Geeksme. From the moment anybody downloads and installs the Application, he or she will be considered a registered user (hereinafter, the « User« ), a condition acquired by filling in the relevant registration form, following the instructions Geeksme makes available to Users via the Application.

By downloading, registering and accessing the Application, the User expressly declares having carefully read, reviewed and accepted in full the Terms and Conditions, the legal notice and the privacy policy, as published at the time the User accesses the Application, and undertakes to comply with the obligations, instructions, guidelines and procedures therein contained.

Individuals under the age of 18 may not be users unless they have an express permission form their parents or guardians. Geeskme assumes that any minor downloading the Application has obtained the required permission from his/her parents or guardian, who should be aware of and adhere to the Terms and Conditions in force as of the time the minor downloads the Application.

The User expressly accepts and acknowledges that this Application is granted under the licensing rules and as an assignment of the right to use and not as a sale, without the right to sublicence, and is exclusively designed to be used with the Wearable Device or, where appropriate, with any other wearable devices offered on the Website and page owned by Geeksmee, where so expressly indicated by Geeksme. Geeksme shall not be liable for or in relation to any use of this Application with other devices. The User expressly accepts and acknowledges that, without this Application, the Wearable Device or any other wearable devices with which this Application may eventually be used, may not operate properly or may not operate at all.

In order to download this Application, the User should have a telecommunications service provider or data transmission provider granting access to a fixed or mobile data network. The Application does not give access to any data network.

Should this Application be downloaded from a sales platform such as Apple App Store, Google Play or any other, the User shall accept the terms and conditions of said platform, which are totally independent from and unrelated to Geeksme. In no event shall the acceptance of these Terms and Conditions imply that the terms and conditions of any third parties owing or operating such platforms have been accepted. Likewise, the acceptance of the terms and conditions of any such platforms does not entail express, tacit or implicit acceptance of these Terms and Conditions. In no event does Geeksme guarantee that the acquisition of the Wearable Device or any other wearable Product or device from its Website will give access to such platforms.

2.- Price

This Application, as well as any updates, is provided free of charge. Geeksme offers this Application so that Users of the Wearable Device or other compatible wearable devices may use them to their satisfaction, insofar as possible.

Geeksme does not guarantee that downloads from any platforms not owned and operated by Geeksme will be free of charge. The fact that the Application is free of charge does not mean that the User will not pay a price for the data consumed through the fixed or mobile data transmission network used for the download, and the User acknowledges and accepts this.

Should Geeksme change its free of charge policy or start to offer Premium services requiring payment of a consideration, it give all Users sufficient prior notice thereof, indicating, where appropriate, the payment terms and any credit or warranty terms.

The Application will not contain advertising or offer online purchases. Should the User detect any advertising or online purchasing offers – save where Geeksme would have expressly warned that they would be implemented – please report by writing to the address support@geeksme.com.

3.- Term and Withdrawal

The User may use the Application for an indefinite period of time. Geeksme reserves the right to discontinue the use of the Application at any time without this entitling the User to any compensation whatsoever.

Since it is provided free of charge, use of the Application shall commence immediately after having accepted these Terms and Conditions.

Should the User uninstall the Application, he/she shall be understood to waive any further use thereof.

In any event, the User’s right to use the Application will automatically terminate without any compensation for the User in the following circumstances:

  1. Breach by the User of its obligations or of these Terms and Conditions.
  2. Total or partial cessation of activities by whatever reason.
  3. Geeksme’s decision to discontinue sales of the Wearable Device in the future.

 

4.- Suspension of Use of the Application

Geeksme reserves the right to unilaterally suspend and where appropriate, discontinue on a permanent basis, the use of the application by the User, where Geeksme has verified a failure by the User to comply with these Terms and Conditions, without prejudice to reserving the right to claim any damages eventually caused.

 

5.- Information Regarding the Application and Appropriate Use Thereof.

The User acknowledges and agrees that the use of the contents and of the services offered through the Application shall be at the User’s sole risk and responsibility. Accordingly, the User undertakes to use this Application and all of its contents and services in accordance with the law, moral standards, public order and these Terms and Conditions, and to make an appropriate use of any such services and/or content of the Application, refraining from any use for illegal activities or activities that may constitute a criminal offence, infringing on the rights of third parties or in breach of any regulations on intellectual property, or any other provisions of applicable law. In particular, the User undertakes to refrain from transmitting, introducing, disseminating or making available to third parties, any kind of materials or information (data, content, messages, designs, sound or image files, photographs, software, etc.) contrary to the law, moral standards, public order and these Terms of Use.

Geeksme reserves the right to carry out, at any time and without a need for prior notice, any amendments or updates to these Terms and Conditions and to its privacy policy.

In order to enable Geeksme to provide its services on an appropriate and safe basis, the User hereby authorises Geeksme to use filtering technologies and other security measures with a view to guaranteeing the rights of the User and avoiding any fraud or unlawful or irregular use of the Application.

Similarly, Geeksme informs that the Application is a safe environment to provide its services, and warns the User against providing any personal data through the Internet, even if requested in the name of Geeksme, and advices User to refrain from providing any personal data through any unsafe means.

Under no circumstances shall Geeksme indemnify or compensate users of the Application for any interruption or suspension of its operation, even if on a permanent basis. The User accepts that, in order to make use of some of the Application functionalities, it needs to have a fixed or mobile data network available, which is not provided by Geeksme. Accordingly, should the User lack such network or access to it, some of the Application functionalities may not be operational. Geeksme will not be liable to the User or accept any indemnity for the User not being able to use said functionalities, nor does Geeksme have any obligation to provide an alternative to these functionalities, and the User expressly acknowledges this. Similarly, Geeksme shall not compensate or indemnify User for any incidences, outages, malfunctions or problems deriving from the fixed or mobile data transmission network used by the User to operate some of the Application’s functionalities.

 

6.- Terms of Use.

The User accepts and acknowledges that the Application is addressed only to those User who own or use a Wearable Device by Geeksme.

Accordingly, Geeksme does not guarantee the use of the Application by any other Users not meeting the above mentioned requirements. The User undertakes to use the Application in accordance with the terms and conditions contained in these General Terms and Conditions.

In particular, the User may not:

  1. Assign, sell, transfer or sublease the Application without Geeksme’s prior written consent.
  2. Use the Application for any business or commercial purposes, including for the sale of medical, pharmaceutical, sports, diet or nutrition, healthcare and/or welfare related productos in general.
  3. Alter, modify or change the Application’s source code.
  4. Attempt to modify, change, circumvent or avoid any safety measures of the Application.
  5. Use the Application in a manner contrary to the law, moral standards or public order. In particular, it is prohibited to use the Application to disseminate any content infringing any copyright or other third party rights, or for the dissemination of content of a sexual, discriminatory or racist nature, inciting hatred or liable to be used to commit any fraud, or fostering, propagating, advocating or encouraging unhealthy dietary practices, such as anorexia and bulimia, or other medical, psychological or eating disorders, or endangering or threatening the life of third parties.
  6. Use the Application to attempt to disclose content or information from third parties.
  7. Incur in any other behaviour contrary to these Terms and Conditions.

Failure to comply with any of the above mentioned obligations or any other breach of these Terms and Conditions shall entitle Geeksme to discontinue access by the wrongdoer to the Application, without prejudice to the right to claim any damages potentially incurred. Should any especially serious breach be detected, including any behaviour potentially attracting criminal liability, such breach shall be reported to the competent authorities.

Geeksme has a particularly heightened sense of awareness in the fight against anorexia, bulimia and similar disorders. Any User caught using the Application to foster, propagate or encourage this kind of behaviour will have its access to the Application immediately blocked, and such behaviour will be immediately reported to the competent authorities. Should you as a User detect any such behaviour, please report it in writing to support@geeksme.com.

 

7.- Warranties and Liability.

The User expressly acknowledges and declares that the Application is provided « as is », so that Geeksme does not guarantee that use will be uninterrupted or error free, and the User expressly accepts this. Similarly, Geeksme does not offer any guarantee in relation to its use or its operation, nor does it guarantee that the Application will operate free of any failures, errors, interruptions or defects. The User therefore assumes that neither the Internet nor data exchange are safe means or environments, and expressly acknowledges and accepts that Geeksme does not accept any liability for viruses, malware or any other aggressive element potentially affecting the device in which the Application is installed.

Geeksme does not accept any liability, whether contractual, in tort or otherwise howsoever, arising from a malfunction of the fixed or mobile device in which the Application is installed, nor for any slowdown in its operation caused by the use of the Application, or for any additional cost this may entail for the User.

Geeksme shall not be liable for any lost profit, or for direct or indirect damages, or for any loss of income or business.

The above warranties are the only remedy afforded by Geeksme within the framework of these Terms and Conditions. In any event, should Geeksme be declared liable by a final court ruling or administrative resolution, the User expressly accepts and acknowledges that the total amount of Geeksme’s liability shall not exceed the amount of the price paid by the User to Geeksme for the Wearable Device.

 

8.- Claims

The User may file a claim with regard to the services provided through the Application, by sending an e-mail message to support@geeksme.com.

Geeksme shall use its best efforts to respond to all claims filed by Users within the following five (5) business days.

 

9.- Notices Between Geeksme and the User

Any notices between Geeksme and the User in relation to these Terms and Conditions shall be made in accordance with the notice procedures established under these Terms and Conditions for each particular case.

For any other scenarios not specifically regulated in these Terms and Conditions, any notices by the User to Geeksme to solve any issues relating to the use and operation of the Application should be addressed to the following e-mail address: support@geeksme.com.

Notices shall be in writing and sent via a system allowing to establish the content and receipt by Geeksme of the relevant notice.

 

10.- Secrecy of Communications

Geeksme undertakes to adopt such technical means as it may have from time to time available to guarantee the secrecy of its communications with Users. Geeksme waives any liability arising from the User or any third parties obtaining any personal data, from the use or disclosure of any such data and, in general, from any actions or omissions not directly attributable to Geeksme, breaching the confidentiality and secrecy of communications.

 

11. Updates.

Geeksme may occasionally update the Application and/or the software of the Wearable Device in order to improve its utilities and the overall performance of the Application. This is a discretional authority of Geeksme, and the User shall have no right to require or request that such updates are made with any given frequency, nor for them to cover any specific functionalities.

In any event, the User expressly accepts that the installation of updates from time to time provided by Geeksme may cause a complete and/or temporary interruption in the use of the Application.

The User expressly accepts and acknowledges that updates are provided in the same terms as the Application, so that there is no guarantee that the Application will see its performance or its functionalities improved. The same warranty regime applies to the updates as foreseen for the Application itself. This notwithstanding, the User accepts that failure to download or install updates provided by Geeksme may cause impairment or malfunction of the Application, whereby Geeksme shall be fully exempted from any liability in such event, for the consequences of such failure to download or install an update.

 

12.- Intellectual Property.

The User expressly acknowledges and accepts that Geeksme owns and holds any and all rights, title and interest throughout the world (without this agreement entailing any assignment whatsoever) (including copyright, patent rights, commercial secrets, rights on distinctive signs and over know-how) on and to the Application and the services.

The User expressly accepts and acknowledges that reproduction of the Application and/or of the services and their distinctive signs is by no means authorised, and it is expressly prohibited to make copies, reproduce, transfer to another system, modify, translate, adapt, arrange or carry out any other transformation; to carry out maintenance or error-correction tasks, as well as any assignment, sale, lease or loan of the application.

In the event the User fails to observe the aforementioned indications, he/she shall be liable to indemnify Geeksme for any damages caused.

 

13.- Privacy policy and Data Protection

Geeksme informs, for the purposes of Organic Act 15/1999, of 13 December, on the Protection of Personal Data, that any personal data of Users shall be included in an automated file created and maintained under the responsibilidy of Geeksme, in order to carry out the maintenance and management of the contractual relationship established with Users, to issue tips or suggestions and, where appropriate, to prepare anonymous and dissociated statistics regarding the lifestyle, behaviour and conduct patterns of Geeksme products and services users.

You are informed that your personal data may be shared by Geeksme with third party entities in order to: i) guarantee the proper performance of said services; ii) perform additional services or functions, essential for a proper delivery of services, including the preparation of the statistics referred to in the previous paragraph; or iii) send commercial, promotional or advertising communications.

The User may revoke his/her consent, as well as exercise the rights of access, rectification, cancellation and opposition by sending a signed written request and attaching official proof of ID to the following address: support@geeksme.com, indicating « Data Protection » on the envelope. Similarly, the Client expressly consents to the use of the data so collected to send, even through electronic means, commercial information from Geeksme. Should you not wish to be sent this type of information, please contact us at support@geeksme.com.

Pursuant to Spanish Act 34/2002 of 11 July, on Services to the Information Society and Electronic Trade (hereinafter « LSSICE »), the User expressly authorises Geeksme to make such commercial offers in relation to the products or services usually offered by it, even after Use of the Application has ceased for whatever reason. Said promotional or advertisinig communications may contain offers by Geeksme related to the provision of products or services offered by it. In this case, e-mail messages or Newsletters containing such commercial or promotional communications shall be identified as « Advertisement » and shall include, within the communication, a free means of requesting to be excluded from the list of addressees of these communications.

In no event shall the Application collect personal data from individuals under fourteen (14) years of age. Geeksme has the necessary technical means available to avoid, insofar as possible, that individuals under said age provide their personal data; Geeksme is however hereby released from any liability in the event of an attempt to circumvent such control systems by using fraudulent means or bad faith, or in breach of applicable law.

The User eprèssly accepts and acknowledges that the Application may send to him/her – on the basis of the data provided – tips or suggestions which are not, and do not purport to be, health, pharmaceutical or dietary advice. The Application does not provide any medical or health-related advice.

In no event shall tips sent by Geeksme to the User constitute medical advice, and such tips are not supported by a qualified team of medical professionals. Geeksme does not take any responsibility and shall not be held liable for any decisions taken by the User in reliance of tips provided by Geeksme, nor for any damages potentially caused to the User or to any third parties as a result of the information provided by Geeksme in its tips. Geeksme waives any liability in relation to the achievement or not of any objectives of results by Users following Geeksme’s tips or indications.

 

14.- Integrity of the Terms and Conditions

 These Terms and Conditions, the privacy polity and the legal notice contain the express and only will of Geeksme and of the User in relation to their subject matter, and replace and supersede any other agreements or understandings, whether written or oral, previously reached by the parties in relation thereto.

 

15.- Severability

Should any provision in these Terms and Conditions be declared null and void, such provision shall be deleted or replaced. In any event, such declaration shall not affect the validity of the remaining provisions in these Terms and Conditions.

 

16.- Jurisdiction.

These Terms and Conditions shall be governed by and interpreted in accordance with Spanish law.

For the event of any inconsistency or claim between the parties in relation to the execution or the contents of these Terms and Conditions, the parties expressly submit to the courts and tribunals of the city of Madrid, Spain.