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TERMS OF USE

11/04/2016

Legal Terms

Radarcan, S.L.

CIF B-63394845

Pje. Montserrat Isern, 1, P.I. Gran Vía Sur

08908, Hospitalet de Llobregat, Barcelona, Spain

 

Radarcan Corporation

338 S. Sharon Amity Rd. #197

28211 Charlotte, NC, USA

 

www.radarcan.com

 

Terms and Conditions of Use Agreement

These Terms and Conditions of Use (“ToU” hereinafter) constitute a contractual relationship of use and / or purchase of product (s) offered in the website of Radarcan Corporation in the United States of America, RADARCAN, SL., in the rest of the world or its licensors where applicable and duly indicated (named "Radarcan" or "Us" hereinafter). Any previous agreements relating to the use and / or purchase of product (s) on this side are replaced.

 

By using this website and / or purchasing product (s) offered on the website, you declare that you accept the entirety ToU declared below:

 

These ToU apply to the Radarcan web site located at www.radarcan.com, and all associated sites linked to www.radarcan.comby Radarcan, its subsidiaries and affiliates, including Radarcan sites around the world.

 

If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

Radarcan reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes would mean that you accept and agree to the changes.

 

License to use website

Unless otherwise stated, Radarcan and / or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual rights are reserved.

 

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:

  • Republish material from this website (including republication on another website)
  • Sell, rent or sub-license material from the website
  • Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
  • Edit or otherwise modify any material on the website
  • Redistribute material from this website except for content specifically and expressly made available for redistribution.

 

As long as you meet the ToU described on this page, Radarcan grants you the privilege of obtaining a non - exclusive, non - transferable and limited personal license to navigate this website.

You cannot assign or grant these ToU, either by operation of law or otherwise, without the written consent of Radarcan. Any attempt to assign or grant these ToU, without the written consent of Radarcan, shall be null and void.

In case of breach or violate any of the ToU on this page, Radarcan have the right to suspend or disable your user account and restrict the access to this website by blocking the IP of your computer, contacting your Internet services provider to request the blocking of this website and / or bringing a legal action at our discretion and without notice.

 

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

 

 

Eligibility

The service is intended solely for persons who are 13 or older. Any access to or use of the Service by anyone under 13 is expressly prohibited. By accessing or using the Service you represent and warrant that you are 13 or older.

 

To proceed a purchase order the customer must be over 18 years old. Otherwise, we will proceed to return the amount and the order will be canceled.

 

 

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Radarcan's express written consent.

 

You must not use this website to transmit or send unsolicited commercial communications.

 

You must not use this website for any purposes related to marketing without Radarcan's express written consent.

 

 

Spam

In the context of online communications, spam refers to messages and / or communications that have not been requested (s) or desired (s) sent indiscriminately, usually for commercial purposes.

 

Radarcan has a zero tolerance policy regarding the practice of spam.

The Radarcan messaging systems automatically scan all incoming mail and / or other methods of communication, just as has an output filter for messages that seem spam.

No filtering system is 100% accurate, so some legitimate messages can be detected as spam when they are not. If you think this may have happened with any message you've sent to one of our e-mail addresses, please notifies the recipient via other media.

You can reduce the risk of being detected as spam sending messages in plain text (no HTML), removing attachments and making sure your messages are scanned for malware before shipment.

 

In the unlikely event that you receive an unwanted message from Radarcan, which can be considered as spam, please contact us using the contact form and the matter will be investigated.

 

User content

In these terms and conditions, "your user content" means material, including without limitation text and images that you upload to this website, for whatever purpose.

 

You grant to Radarcan a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Radarcan the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

Radarcan agrees not to disclose any personal data, in compliance with the Spanish Law LOPD 15/1999 of 13th of December, as detailed in the Privacy Policy.

 

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Radarcan or a third party (in each case under any applicable law).

 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

Radarcan reserves the right to edit or remove any material submitted to this website, or stored on Radarcan servers, or hosted or published upon this website.

 

Notwithstanding Radarcan rights under these terms and conditions in relation to user content, Radarcan does not undertake to monitor the submission of such content to, or the publication of such content on this website.

 

Account registration

In order to access or use certain features of the Service you may be required to create an account and become a "Registered User" of the Service. You can find more details in the Privacy and Cookies Policy.

 

Radarcan reserves the right to suspend or terminate User Accounts to deny the access to the site if they are making a misuse or malicious use of the site.

 

Radarcan reserves the right to suspend or terminate your Account if any information provided during the registration process or at other times proves to be inaccurate, not current or incomplete.

 

Restricted access

Access to certain areas of this website are restricted. Radarcan reserves the right to restrict access to other areas of this website, or indeed this entire website, at Radarcan's discretion.

 

If Radarcan provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

 

Radarcan may disable your user ID and password in Radarcan's sole discretion without notice or explanation.

 

Ownership and Intellectual Property

The Service and Content in this website is protected by copyright and trademark rights. Except as expressly provided in these ToU, Radarcan and its licensors exclusively own all right, title and interest in and to the Service and Content, including all associated intellectual property rights.

 

You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.

 

All trademarks, service marks, logos, trade names and any other proprietary designations of Radarcan used herein are trademarks or registered trademarks of Radarcan, except for the UPC University, i2L Laboratories and / or payment services. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

 

Copyright Policy

Radarcan respects copyright law and expects its users to do the same. Radarcan has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Radarcan's

 

 

Links

The Service contains links to other websites and online resources and you understand that by using the Service and accessing the third party links, you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate.

 

You understand and agree that Radarcan is not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

Radarcan appreciate hyperlinks to its website as long as you follow the terms defined below:

Links to this website must be updated and not misleading.

Links should be properly created with text.

You must not link to this website using any technique of hot-linking.

 

 

You agree that if Radarcan asks you to withdraw a link to this website from your website and / or a website that you administer, you will delete that link immediately. Likewise, if you want Radarcan to delete a link to your website and / or a website you manage, contact webmaster@radarcan.com and we will remove it immediately.

 

Sweepstakes and Contents

Radarcan may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the website.

You should carefully review the rules (e.g, the "Official Rules") of each Promotion in which you participate through the website, as they may contain additional important information about Radarcan's rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of such Official Rules conflict with these ToU, the terms and conditions of such Official Rules will control.

 

Modification

Radarcan reserves the right, at its sole discretion, to modify, discontinue or terminate the Service or to modify these ToU, at any time and without prior notice. If we modify these ToU, we will post the modification on the Site or via the Service or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these ToU. You may also be asked to re-acknowledge and re-accept the following any material changes. If the modified ToU are not acceptable to you, your only recourse is to cease using the Service. Please check this page regularly to ensure you are familiar with the current version.

 

Content and Cancellation of Service

Radarcan does not guarantee that the service and / or content offered on this website will resolve your questions and / or needs or that it will be available without interruption nor free of mistakes.

 

Nothing contained in this website constitutes, or is intended to constitute a council made by specialists of any kind. If you need advice from a specialist of some kind (including legal, financial or medical) you should consult a professional specialist in the field.

 

Radarcan does not have any obligation to continue this service or maintain this website. Its contractual relationship with these ToU would be automatically eliminated at the discretion of Radarcan and without notice if Radarcan decides to end up the service of this website.

 

Currency

€ (Euro) is the billing currency in Spain (It includes purchases worldwide, except in the United States of America)

$ (US Dollar) is the billing currency in the United States of America.

 

Product pricing

 

The published prices are valid except misprint.

Corresponding taxes shall apply:

  • Purchases from Spain

o   Purchases from Peninsular Spain and Balearic Islands: VAT (Value Added Tax) 21 %.

o   Purchases from Canary Islands, Ceuta and Melilla: Excluding VAT.

o   Purchases from other countries of European Union: VAT (Value Added Tax) 21 %.

o   Rest of the world (except United States of America): Excluding VAT.

The prices shown contain VAT until you select the country of purchase during data entry.

  • Purchases from United States of America: Taxes are not shown and they will be applied during the buying process if applicable in each State.

 

Payment Details and Methods. Safe Shopping.

 

Radarcan does not store information about your personal payment details regardless of the payment method you use, since all payments are made from the secure servers of our suppliers:

  • Credit card payment

o   TPV Virtual BS: in all countries of the world except the United States of America.

o   2CheckOut: in United States of America.

  • PayPal: available worldwide
  • Refund is only available in Peninsular Spain and Balearic Islands.

 

Indemnity

You hereby indemnify Radarcan and undertake to keep Radarcan indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Radarcan to a third party in settlement of a claim or dispute on the advice of Radarcan's legal advisers) incurred or suffered by Radarcan arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Radarcan's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Radarcan.

 

 

Limitation of liability

 

Radarcan will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • To the extent that the website is provided free-of-charge, for any direct loss
  • For any indirect, special or consequential loss
  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information data.

 

Radarcan guarantees proper operation of its devices and / or to provide a response if the customer has any problems during its use.

 

These limitations of liability apply even if Radarcan has been expressly advised of the potential loss.

 

Notifications

Any notice or notification permitted or required below, including those relating to the amendment of this ToU, will be made in writing via email (at the email address you have provided) or by posting the notice on this website.

In the email notifications, the date of the message reception will be considered as the date in which the notification is transmitted.

 

ToU Application

Timely breach of these ToU by Radarcan shall not constitute a waiver of future application thereof. The waiver by Radarcan of these ToU will only be effective if it is in writing and signed by Radarcan's authorized responsible.

 

If for any reason a court of competent jurisdiction considers that any provision of these ToU is, or appears to be, unenforceable (s), invalid (s) or inapplicable (s), such as provision shall be enforced to the maximum extent permitted without affecting the applicability of the other provisions, leaving the other provisions of the ToU of this website in full force and effect.

 

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Spanish and European current law and it is subjected to the jurisdiction of the courts of Barcelona in the resolution of any dispute not settled by amicable recourse or in the Consumer Arbitration Board where we are registered.

 

Except you are a member or customer from United States of America, on which this contract will be interpreted and governed under US current law and subject to the jurisdiction of the courts of Charlotte, North Carolina, on resolution of any dispute not solved by amicably.

 

In the event that from the country where the transaction is performed and is made through an official distributor licensed to operate a website representing Radarcan, this Agreement shall be construed and governed in accordance with the legislation applicable in each country and subject to the local, regional or national jurisdiction courts that apply in the resolution of any dispute not solved by amicably.