Terms and Conditions
Expertomy Terms and Conditions
1. Parties to the contracting of the services: the parties to the contracting of the services are:
a) FUSEONPRO TOOL S.L., with NIF: B30917249 and with address for notification purposes at Lugar Ramalleira, 8, 15553 Valdoviño (A Coruña), duly registered in the Mercantile Registry of Murcia in Volume 3,298, Folio 115, Section 8, Sheet MU -95,460. Hereinafter, EXPERT.
EXPERTOMY can be contacted directly and effectively in relation to these terms and conditions at the email address: [email protected].
b) The company, liberal professional or individual entrepreneur interested in contacting professionals from different sectors for the creation by them (hereinafter, PROFESSIONALS) of content for use on websites, social networks or any other audiovisual, digital, etc. Hereinafter, the MIDDLE.
2. Acceptance of the terms and conditions by the MEDIA: The acceptance of these terms and conditions, by marking the corresponding checkbox, implies that the MEDIA has carefully read, understands and accepts what is stated here.
3. Purpose: The purpose of these terms and conditions is the contracting by the MEDIA of the intermediation service offered by EXPERTOMY through the website https://expertomy.com, in order to receive PROFESSIONAL proposals from EXPERTOMY, understood as professionals or companies specialized in a specific commercial sector that offer themselves for the creation/generation of content for use/exploitation by the MEDIA on websites, social networks or any other audiovisual, digital media, etc., in accordance with the provisions of the these terms and conditions.
It is understood that the presentation of the proposal of PROFESSIONALS willing to generate content in accordance with the requirements requested by the MEDIA, will be conditioned to the existence of PROFESSIONALS who meet such requirements in the EXPERTOMY database and who decide to apply or present their proposal. at the request of the MEDIA.
4. Consideration: the intermediation service provided by EXPERTOMY between the MEDIA and PROFESSIONALS is totally free for the MEDIA, which will not have to pay any amount to EXPERTOMY for such mediation work.
Notwithstanding the foregoing, EXPERTOMY is in no case guaranteeing that the PROFESSIONALS will provide their content creation services free of charge.
The PROFESSIONALS will have total freedom, when applying to the request made by the MEDIA, to communicate their rates for the generation or creation of the corresponding content, as well as the intellectual property licenses that correspond to the exploitation of the content created by the PROFESSIONALS. / the PROFESSIONAL.
EXPERTOMY is totally unrelated to the negotiation and possible contracting that occurs between the MEDIUM and the PROFESSIONAL.
5. Access and use of the EXPERTOMY Platform: The MEDIA acknowledges and accepts that the access and use of the EXPERTOMY Platform takes place freely and consciously, under its sole responsibility.
EXPERTOMY reserves the right to modify or update the presentation, configuration and location of the Website at any time.
It will be the exclusive responsibility of the PROFESSIONALS to provide their services, contracted through EXPERTOMY. EXPERTOMY solely and exclusively makes available to the MEDIA an intermediation Platform to negotiate and contract, where appropriate, services provided by third-party PROFESSIONALS. The MEDIA releases EXPERTOMY from any liability arising from the service provided by such PROFESSIONALS.
The MEDIA undertakes to make appropriate and lawful use of the Website, in accordance with the provisions of these terms and conditions and the applicable legislation.
The MEDIA will refrain from:
- Make unauthorized or fraudulent use of the services.
- Access or attempt to access restricted resources of the Website.
- Use the services for illicit purposes or effects, contrary to what is established in these terms and conditions, harmful to the rights and interests of third parties, or that in any way may damage, disable or overload or prevent the normal use or enjoyment of the service.
- Causing damage to the service or systems of EXPERTOMY, its suppliers or third parties.
- Attempt to access, use and/or manipulate the data of EXPERTOMY, third-party providers and other users, the use of screen scraping techniques, web scraping or any other programming technique or of any other nature that allows extracting information or hosted data, being expressly prohibited. stored or accessible on the Platform without the express written authorization of EXPERTOMY.
- Reproduce, copy, distribute, transform or modify the contents of the Website, allow access to third parties through any form of public communication, unless authorized by EXPERTOMY.
EXPERTOMY will not be in any case responsible for any use contrary to the Law, morality, good customs and public order that the User and/or third parties may make of the service, nor for the damages that may derive from it.
Notwithstanding the foregoing, EXPERTOMY will inform the competent authorities of any inappropriate use of the service as soon as it becomes aware of it.
6. Prior registration and Control Panel: to access and use the EXPERTOMY Platform, prior registration as MEDIA is mandatory, completing the data requested in the form provided for this purpose, in which the web address, the name of the representative of the company, the contact email, as well as the category(ies) of professionals in which the MEDIA may be interested.
The MEDIA must read and, if they agree, accept these terms and conditions by checking the box provided for this purpose.
You must also read the information regarding the processing of personal data and, if you agree with said processing, check the corresponding acceptance box, in the event that the legal basis of the processing is consent.
If the registration has been carried out satisfactorily, EXPERTOMY will confirm the registration by sending you an email, in which it will inform you when the service will be activated, providing you with the access codes to access the Control Panel, when the service leaves. to activate.
It is planned to activate the service in September 2020, notwithstanding that said date may vary. The MEDIA will be kept informed of this point.
Through the Control Panel, the MEDIA will be able to manage its requests for PROFESSIONALS, making requests, expressing the characteristics of the PROFESSIONALS that it requires or visualizing those that meet the requirements that it has indicated and that have applied to its request.
EXPERTOMY reserves the right to freely accept or reject the registration request if it does not comply with the provisions of these terms and conditions.
The data provided by the MEDIA must be exact, current and truthful at all times.
6.1. Access codes to the Control Panel: Once the registration has been verified and the access codes have been communicated, the MEDIA will be able to access its Control Panel with those access codes and any access verified with them will be deemed to have been made by the MEDIA, which must respond in any case of such access and use. The MEDIA will be responsible at all times for the custody of their access codes, assuming, consequently, any damage or harm that may arise from improper use, as well as the transfer, disclosure or loss of the same. In the event of any incident that entails a risk of access and/or use by unauthorized third parties, the MEDIA must immediately notify EXPERTOMY so that it proceeds immediately to block and replace the access codes.
In any case, any operation carried out before said communication will be deemed to have been carried out by the MEDIA, who will be responsible for and will assume the consequences arising from any unauthorized access and/or use carried out prior to said communication.
6.2. Responsibility for the information provided by the MEDIA: The MEDIA is solely responsible for ensuring that the information it provides for the use of the EXPERTOMY Platform is true, accurate and complete.
8. Guarantees and responsibility: EXPERTOMY will ensure the highest possible availability and continuity in the operation of the Platform. However, this does not imply a right to permanent and uninterrupted availability of it.
The MEDIA declares to be aware that the availability of the services may be conditioned by causes of various kinds, among which are, by way of indication, not limitation:
a) involuntary failures in the technological architecture of the service.
b) Periodic procedures for maintenance, repair, updating or improvement of the technological architecture of the service.
c) causes of force majeure or any others beyond the control of EXPERTOMY, including, without limitation, interruptions or failures in digital transmission or telecommunications links, congestion in access points originating or caused by assumptions from intentional attacks or for any other reason.
With the acceptance of these terms and conditions, the MEDIA declares that it will hold EXPERTOMY harmless against any claim derived from:
a) the breach by the MEDIA of any provision contained in these terms and conditions or of any law or regulation applicable to them
b) the breach or violation of the rights of third parties.
c) any damage or harm caused by the MEDIA in the use of the Service to a third party
d) failure to comply with the permitted use of the service.
Likewise, the MEDIA undertakes, by accepting the terms and conditions, to behave during the provision of the service in accordance with morality, public order and good customs. Otherwise, the MEDIA accepts that EXPERTOMY may terminate the service immediately, reserving the right to claim the corresponding compensation for any damages that may occur.
The MEDIA waives and exonerates EXPERTOMY from any obligation, claim, damage or loss as a result of the contractual or non-contractual relationship with the PROFESSIONALS.
EXPERTOMY will not become a party to any dispute between the MEDIA and the PROFESSIONALS.
Any responsibility or obligation arising from the relationship between the MEDIA and the PROFESSIONALS rests solely on the agreements reached between them, with all the implications that this entails. Therefore, the MEDIA understands that with the use of the EXPERTOMY Platform, it requests an intermediation service, in which the service is understood to be provided when EXPERTOMY provides results from PROFESSIONALS that meet the requirements requested by the COMPANY, in case of that exist in its database and apply to the request made by the MEDIA.
9. Notifications: EXPERTOMY may make the appropriate notifications through the MEDIA Control Panel or to the email address provided by the MEDIA. The MEDIA, in turn, may send notifications to EXPERTOMY through the aforementioned email.
10. Assignment: The MEDIA may not assign its obligations and obligations without the prior written consent of EXPERTOMY.
EXPERTOMY may assign its contractual position, without commercial purposes other than those assumed by virtue of these terms and conditions, to any person or entity that succeeds it in the exercise of its business by any title.
11. Modification of terms and conditions: EXPERTOMY reserves the right to modify or replace these terms and conditions as a result of the modification, evolution and enactment of laws, regulations and rules applicable to the provision of the service and/or aspects related to the same.
In any other case, the modification of the contracting conditions will only take effect once communicated and duly accepted by the MEDIA. In the event that the MEDIA is not satisfied with the modifications made, it may terminate the contract and/or cancel the service at any time.
12. Applicable law and jurisdiction: These General Conditions are governed by Spanish law.
The parties submit for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of A Coruña.
Updated June 2020