TERMS AND CONDITIONS OF USE OF THE APPLICATION
DOORWIFI - DASHBOARD MANUSA
1. OWNERSHIP OF THE APPLICATION
This Application is owned by MANUSA GEST, S.L. (hereinafter, the "Company"), with address at Avinguda Via Augusta, 85-87 6ª planta, 08174 Sant Cugat del Vallés (Barcelona) and N.I.F. B62456389.
These terms regulate the use of the ‘DOORWIFI’ application and the ‘DASHBOARD MANUSA’ which have the same objective for the user, and differ only in the means by which they are accessed. In such a way that ‘DOORWIFI’ allows access through a mobile APP and the DASHBOARD MANUSA through a web portal.
2. PURPOSE AND ACCEPTANCE OF THE TERMS OF USE
Access to and use of DOORWIFI and DASHBOARD MANUSA (hereinafter, the "Application"), provided by MANUSA GEST, S.L. (hereinafter, the "Company"), confers on you the status of user (hereinafter, the "User") and implies full and unreserved acceptance of these Terms and Conditions of Use. If the User does not agree, in whole or in part, with these terms, and does not accept these conditions, the User must refrain from using the Application.
The User is obliged to read and fully accept these general terms and conditions of use, which may be modified without prior notice, in such a way that the User must read and accept them each time he/she accesses the Application.
The purpose of the Application is to facilitate the (i) management and (ii) monitoring of automatic doors or access control machines for the communication of (iii) incidents related to them, insofar as they have been manufactured, installed or with a maintenance service of the MANUSA GROUP.
We inform you that this application is subject to possible variations that may be carried out unilaterally and without prior notice.
3. REQUIREMENTS FOR THE USE OF THE APPLICATION
To use the Application, the User must:
Be of legal age, in accordance with the legislation applicable in the territory.
Provide truthful and complete information during registration and/or notification of incidents.
Have access to a mobile device compatible with the Application (smartphone, tablet, etc.) and an internet connection.
4. CONDITIONS OF USE OF THE APPLICATION
4.1. Access and Registration
Access to certain functionalities of the Application may require the prior registration of the User by creating an account. The User guarantees that all information provided in the registration process is true, current and complete. Likewise, the User undertakes to keep the account information updated and is responsible for maintaining the confidentiality of his/her access credentials.
4.2. Authorised Use
The User undertakes to use the Application in accordance with the legislation in force, these Terms and Conditions and the principles of good faith, refraining from using it for illicit or fraudulent purposes or for purposes that are harmful to the rights or interests of the Company or third parties.
However, the Company reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or at the request of a third party, to those users who do not comply with these Terms and Conditions of Use.
5. FUNCTIONALITIES: MANAGEMENT - MONITORING AND COMMUNICATION OF INCIDENTS ON AUTOMATIC DOORS
5.1. Management and monitoring
The User will be able to use the Application to know the status and operation of the automatic doors or access control machines, allowing him/her to manage at all times the operating mode of the same and giving him/her a wider coverage and experience as a user.
5.2. Impact
(a) Notification
The User, with the incident notification enabled, undertakes to immediately notify any anomaly, fault, breakdown, unusual behaviour or incident detected in the automatic doors or, in order to guarantee their correct operation and security. The User, in the event of notification of an incident, must provide clear and precise information about the incident. Likewise, he/she undertakes to supplement and expand on the information, when required to do so.
(b). Communication Channels and Procedure
Incidents, if they occur, must be communicated through the channels enabled in the Application. The User shall include all relevant information for the identification of the incident (location, description, date and time, images if applicable).
5.3. Limitation of Liability for Non-Compliance
The Company shall not be liable for any damages that may arise from the User's failure to comply with the obligation to notify incidents in accordance with the provisions of this clause. Neither shall it be liable for damages arising from incorrect or inappropriate use, or the provision of incomplete or inaccurate information.
Access to and use of this Application by the User is done under his or her own exclusive responsibility, for which the User will be liable in all cases for any damages that may be caused to third parties and to the Company itself.
Any type of action on the Application by the User that causes excessive overloading of the computer systems, as well as the introduction of viruses, or the installation of robots, or software that alters the normal operation of the Application, or that may ultimately cause damage to the Company's computer systems, is strictly prohibited.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY
All intellectual and industrial property rights over the Application, its contents, design, databases, software and graphic elements are the exclusive property of the Company or its licensors. It is prohibited to reproduce, distribute, use or in any other way exploit any content of the Application without the express consent and authorisation of the Company.
Imitation, whether in whole or in part, of this Application is strictly prohibited.
7. PROTECTION OF PERSONAL DATA
7.1. Data Controller
The Company is responsible for the processing of the personal data provided by the User, in accordance with Regulation (EU) 2016/679 (RGPD) and Organic Law 3/2018 (LOPDGDD).
The Company may collect and process the User's personal data (such as name, email, geographical location, details of the incident, etc.). The processing of personal data, without prejudice to the foregoing, shall be governed by our Privacy Policy , which the User should review.
7.2. Purpose of Processing
The User's personal data will be processed for the following purposes:
To manage access to and use of the Application.
To manage and resolve reported incidents.
To comply with applicable legal obligations.
7.3. Legal basis
The processing of data is based on the execution of the contract (use of the Application), the consent of the User (if applicable), and the legitimate interest of the Company to ensure the security and proper functioning of the automatic doors.
7.4. Rights of the User
Users may exercise their rights of access, rectification, deletion, opposition, limitation of processing and portability of their data by sending a written request to protecciondatos@manusa.com, attaching a copy of their identity document.
7.5. Data Retention
Personal data will be kept for the time necessary to fulfil the purposes of the processing and the applicable legal obligations.
8. EXCLUSION OF WARRANTIES AND LIABILITY
The Company does not guarantee the continuous availability of the Application or the absence of errors, interruptions or failures in its operation, although it will use reasonable means to ensure its correct operation.
The Company shall not be liable for any damages arising from the misuse of the Application by the User or the breach of these Terms and Conditions. In this sense, access to and use of the Application by the User is at the User's own exclusive responsibility, in such a way that the User will be liable, in all cases, for any damages that may be caused to third parties or to the Application itself.
Likewise, the Company accepts no liability for any security errors that may occur or for any damage that may be caused to the User's computer system (hardware and software), or to the files or documents stored therein, as a result of:
Presence of viruses in the technological support (hardware) of the User that is used to connect to the services and contents of the Application.
Use of non-updated versions of the same.
Neither shall it be liable for, and is therefore exempt from, any liability arising from the operation of the Application or any of its services that has its origin in an accidental circumstance, force majeure, necessary maintenance work or any other cause not attributable to it.
9. MODIFICATIONS TO THE TERMS AND CONDITIONS OF USE
The Company reserves the right to modify, at any time and without prior notice, these Terms and Conditions of Use. The new conditions will be available on the Application and will be understood to be accepted by the User if he/she continues to use the Application.
10. GOVERNING LAW AND JURISDICTION
These Terms and Conditions of Use shall be governed by Spanish law. Any dispute that may arise from access, use or interpretation of these Terms and Conditions of Use of the Application shall be submitted, expressly waiving any other jurisdiction, to the Courts and Tribunals of Barcelona, unless the applicable regulations establish another jurisdiction imperatively.