STEL Order – Terms of Use

The proprietor of this service, the website www.stelorder.com and the software STEL Order is STEL SOLUTIONS, S.L. (STEL, from now on), with CIF: B-73684292. Registered with the Registro Mercantil de Murcia: Tomo; 2769, libro; 0, Folio; 118, Hoja; MU-74026, Inscription; and social address: Edif. CEEIM, Campus Universidad Espinardo, s/n, 30100, Murcia, Spain.

The following terms and conditions determine the offering of the service by STEL to its clients (Clients). These subscribe, preferably through the STEL website, located in the URL http://www.stelorder.com/en/  (respectively, the Service and the Site, the use of a Software application and General Conditions) and they compose, together with the modals of the Service selected during the subscription procedure, the contract between STEL and the Client (defined as the Contract).

ÍNDICE

1- SERVICE

2- PRICE

3- TERMS, SUSPENSION AND TERMINATION

4- CLIENT DATA

5- TECHNICAL FOLLOWING

6- ASSIGNMENTS, SUBCONTRACTORS AND NOTIFICATIONS

7- APPLICABLE LAW AND COMPETENT JURISDICTION

1- SERVICE

The Service is aimed at clients with professional and managerial needs. In any sector, including educational and formal. Particularly, The Client declares and guarantees that they do not hire the Service in any case as a consumer (in other words, as an individual that acts separately from his business, professional and educational activities). Even if the client were to contravene this, it would fall under his or her exclusive responsibility.

In their condition as professionals, STEL and the Client agree to exclude certain responsibilities established in the Spanish Laws of the Servicios de la Sociedad de la Información y del Comercio Electrónico, artículos 27 y 28 de la Ley 34/2002, related to providing certain information in advance to the hiring of a service.

Definition and reach of The Service.

The Service consists of the use of the software application known as STEL Order as a management utility that is directly available as a native mobile phone application and/or as the web service that can be accessed on www.stelorder.com which allows the Client the right to use and maintain the computing and application services selected during the subscription procedures (the Application, from now on).

The Service does not include the following: (i) resolution of incidents related to hardware and software facilities of any nature owned by the Client, including those that prevent internet connectivity, (ii) consultation services regarding the Application; or (iii) the data protection and recovery in the event of any disasters, with the possibility of developing tailored measures to cover the specific needs of the client.

In these cases, client contacting by writing will be able to subscribe with all rights reserved to STEL to accept said petition, with the offer of terms and conditions specific to this situation.

Technical conditions on the use of The Service.

Modifications.

STEL will be allowed to modify the characteristics of The Service and The Application with the aim of adapting them and evolving any technical or legal changes, to include new features, fix errors and improve efficiency, even when this modifies the users experience.

Authorized users.

Individuals who accept these General Conditions in place of The Client declare and guarantee that they have the required capacity to represent The Client for the agreement of this Contract.

Adhering to the General Conditions.

The Client will use The Service while adhering to the General Conditions.

Client Responsibility.

The Client recognizes and accepts, voluntarily, the use of The Service which they will carry out under their own responsibility at all times.

It is the responsibility of The Client under any reclaim or obligation that may happen as a result of the stored data in The Application, using as non-exclusive examples any author rights, legal obligations or any obligations with third parties.

Disposal, security and commercial continuity.

The client will be the sole responsible for their mobiles, tablets, cards and other storage and communication devices, as well as computer and other IT equipment that is used to enable the use of The Service.

STEL will not be responsible for any of these connections or equipment.

Particularly, The Client will be responsible for the application of security systems, virus detection, and necessary procedures to avoid unauthorized access, irresponsible use or alteration of The Service as well as the procedures to protect their data and recover it in the event of a disaster.

Clients will abstain from attempting to obtain or try to obtain any available information through The Service using methods and means that are different than those that have been made available to them or indicated for such ends.

Not violation the law, the rights of third parties or interruption of the systems.

The Client agrees to (i) not carry out any actions nor use The Application, Sire or Service in any way that violates the law or creates an illegal responsibility or activity. The Client agrees to not act in any way that violates the laws that are applicable in Spain or their country of origin or promote any type of conduct that may constitute or give way to any other responsibilities or violations of applicable laws, (ii) could offend or damage the image, interests or rights of STEL or third parties or (iii) could damage or go against the Application, overload The Site or The Service, interfere, perturb or interrupt the function of The Application, Site or Service as well as the Internet systems of STEL or third parties, or could prevent, in any way, the normal and intended use of The Application, Site or Service and the authorized access to these elements. In any case, The Client will be responsible for any action that is carried out in The Application, Site, Service which removes the involvement of STEL Solutions from any responsibility in the face of these events.

Usernames and passwords.

The Client admits that the usernames and passwords that have been provided for the access and use of The Service are confidential and cannot be shared as they are provided for the sole use of The Client. The Client admits that STEL will not be held accountable under any circumstance for any actions carried out with the usernames and passwords of The Client.

Limited use.

The Client will not use The Service to develop, support, create or offer prices for any products or services that compete directly with The Service. The Client agrees that the use, diffusion or distribution on behalf of The Client for any identical or similar content to the provided through The Service will go against these General Conditions and, as a result, will constitute a violation of the same.

The use of The Service will be limited to personal, exclusive and individual use (as opposed to collective) and nontransferable on behalf of The Client and will remain solely for professional purposes.

The Client will not copy, make public, store or transmit any means of information communication obtained through The Service.

Intellectual and Industrial Property Rights.

All of the intellectual and industrial property right of The Service and The Application (including the Modifications) will be made under STEL ownership and should be considered as confidential information that belongs to STEL.

STEL offers exclusively to the Client a temporary license for the use of the Application during the duration of the contract (including the Modifications), non-exclusive and nontransferable, solely for the use of The Service on behalf of The Client from equipment used in Spain and in agreement with the General Conditions (The “License”).

Under no circumstances will The General Conditions be interpreted as the provision to The Client of any intellectual or industrial property right related to The Application, Modifications or any other element of The Service. It is entirely prohibited for the Client to use or exploit in any way (including reproducing, transforming, distributing, communicating, promoting, extracting, re-using, re-sending, creating derived work, etc.) The Application, Modifications or any other element of The Service, except those rights to use that are authorized by STEL in the General Conditions (i.e The License) or in accordance with the available legal obligations.

No alterations.

The Client can use The Service and The Application as well as any other content made available by STEL to download from The Site, as long as The Client (i) does not transfer, offer, transmit, distribute, sell, sub-license, rent, publicize, convert, recompile, disassemble, carry out reverse engineering, transform or modify in any other way (in every case, entirely or partially); (ii) does not delete or alter any property warnings related to the intellectual and industrial property rights or the exclusion of responsibility.

2- PRICE

 

Amount and accrual.

The price amount (applicable taxes not included) and its accrual will be determined in agreement to the available options given at any times and selected by The Client during the subscription process.

Updates.

STEL can review their pricing during the following Periods that apply to The Application, The Service, by means of direct publication on The Site or to The Client (notification that can be carried out via email) with at least 30 days in advance, in a way that it would become applicable after the 30 days of being publicized or notified directly, the start of the new Application prices.

Invoices.

The Client authorizes STEL exclusively to carry out the billing of The Service in an electronic format that, in every case, will be authorized in accordance with current laws and regulations and will guarantee the authentication of its origin and the integrity of the content of any invoice.

Invoices or the notification of such (to visualize, print or download them from The Site) will be remitted to the email address provided by The Client within the subscription process.

Currency.

Every payment made effective in relation to this Contract will be done in Euros.

Payments.

The payment for the price of The Service will appear on screen during the subscription process, which can be carried out using a credit card, bank statement or any other payment that will be made available on The Site.

To proceed to the payment, the User must follow all instructions that are made available during this process.

As an online payment system, STEL will offer a secure platform to carry out any payments.

All provided data to this effect will be sent via an encrypted SSL protocol in the appropriate payment platform.

Taxes

Each involved party will be responsible for the appropriate tax payments that are required by current laws and legislation.

3- TERMS, SUSPENSION AND TERMINATION

Terms and extensions.

The contract between STEL and The Client will be understood and made effective as soon as The Client has accepted the General Conditions.

The Contract will have a duration of (1) year after it has been made effective.

This initial duration will be extended equally except in the event of:

  1. Any of the involved parties express their will to end The Contract.

  2. Any other incident that ends The Contract in accordance with these General Conditions.

Service Suspension

STEL reserves the right to suspend The Serve, at any time and without the need to warn, any Clients who violate these General Conditions.

Unilateral termination (without a cause).

Any of the involved parties can end The Contract by means of communication with another their intention with thirty (30) able days before the date where The Contract is expected to end.

Breach Termination.

Any of the involved parties can resolve The Contract in the case of a breach of obligations on behalf of the other, unless said breach can be corrected within a (15) day period on behalf of the party that has executed the breach.

If the breach is considered unable to be corrected or if the present Contract cannot be made effective as per agreement of the demanding party, the termination will be immediate.

The claim that for damages may correspond to the party complaining, as well as the power of suspension of the Service provided in these General Conditions will restore The Contract.

Termination or suspension effects.

In the event of suspension or termination of the delivery of The Service subjected to these General Conditions, STEL will bill, if applicable, the corresponding amount to the involved party that is related to the effective date of the termination or suspension.

4- CLIENT DATA

  1. According with what is indicated in the GDPR article 13, we indicate the prior information to those affected to our personal data treatment.

Responsible for the treatment

The person responsible for the personal data treatment, and the owner of the service, of the website www.stelorder.com and the software STEL Order, is STEL SOLUTIONS, S.L, with CIF: B-73684292. Registered in Murcia Commercial Registry, and registered office: C/ Mayor, 2, Puente Tocinos, 30006, Murcia.

The personal data that all WEB USERS, STEL Order TRIAL USER, STEL Order CLIENT and STEL Order PARTNERS (hereinafter, USERS) will be treated by STEL SOLUTIONS, as the person responsible for the treatment, in accordance with what’s indicated in the GDPR, the stipulated in this section of terms of use, and privacy policy and cookies.

Acceptance of the privacy policy

The USERS accept, without reservations, these Terms of Use, as well as the Privacy Policy.

Purposes and legitimation of the data treatment

The purposes are to answer the questions raised in the contact channels, offer news of our services through the publications of our blog and by email, and have the necessary data to formalize, where appropriate, the contractual relationship between the parts.

Personal data will be kept as long as the interested party requested its deletion.  

Automated decisión based on profiles will not be made.

Data Transfers by the data controller

STEL SOLUTIONS requires collaborators for certain services. When in the provision of those services, theses other companies are going to do an information treatment, the law names them In Charge of the information treatment.

To provide the STEL Order service, we use like subcontractors external providers out of the EU/EEE that satisfied with all the obligations and all the requirements of this politics of privacy; specifically, that their level of data protection complies with the standard required by the relevant data protection laws, by having a certification in accordance with the EU-US Privacy Shield Framework.

These suppliers are listed below, together with the link to their certification according to the EU-US Privacy Shield:

– Amazon Web Services, Inc – Hosting Service – Certification Privacy Shield

– Rocket Science Group LCC (MailChimp®) – Mailing Communication Service – Certification Privacy Shield

– Zendesk Inc – Support Service – Certification Privacy Shield

– Google LCC – Contact management service – Certification Privacy Shield

We guarantee that these and other subcontractors that can be used in the future satisfy and satisfy all the obligations and all the requirements of this privacy policy.

 

  • Personal data treatment Conditions STEL SOLUTIONS-USER

 

The natural persons personal data involved in the acceptance and execution of these Terms of Use by name and representation of each part, will be treated under the responsibility of the other party (and, if applicable, will incorporate files of their respective ownership), for the celebration, development, maintenance and control of the Terms of Use to perform what the applicable law protect or impose of for any other treatment that the USER authorizes during the contracting procedure.

The personal data owner may request directly for access, rectification, deletion, opposition, portability and consent withdrawal of their personal data regarding the treatment of which each party is responsible, by writing to the address shown in these Terms of Service, or through the email address: privacy@stelorder.com

 It requires for each Party, prior to the supply to the other party of any personal data of any individual involved in the execution of these Terms of Use, will have informed to the natural person the content of this previous section and fulfilled any other requirements that may be applicable for the correct communication of your personal data to the receiving party, without the receiving party must perform any additional action against the affected party in terms of information or consent.

The user will be responsible that only allows to provide professional data of the individuals who act as representatives of USER to STEL for the purposes of the execution of these Terms of Use. With the prior condition that  provides the data to STEL, the USER will informed to this natural persons of the content of this clause and will adopt other required measures so that STEL isn’t forced to perform direct action with such person in information terms or consent.

STEL may acces to any USER data that is entered in the App, just for technical maintenance, security, or control reasons of compliance with these Terms of Use.

C- Data protection policy for web users and STEL SOLUTIONS services.

For any form in which the USER’s data is requested on this website, the Privacy Policy must be accepted.

It’ll be understood as the contact forms for the purposes of this, the contacts made by the USERS to the contact mail on STEL SOLUTIONS data protection: privacy@stelorder.com

The USER personal data will be treated according to the Private Policy available in the URL of our website LINK to our privacy policy.in this sense:

  • The USER consent his personal data treatment with the purposes described in this Privacy Policy.
  • The USER, under his own responsibility, must be of legal age, responding in an exclusive and personal manner to the veracity of said declaration and assuming, therefore, the possible legal responsibilities in his regard.
  • Those USERS who send to the Web Site points of view, opinions or comments via the email service or by other way, in cases, where due to the possible Services nature allows, it’s understood that they authorize STEL SOLUTIONS for the reproduction distribution, public communication, transformation, and the exercise of any other right of exploitation, of such points of view, opinions  or comments, for all the time the author’s protection right is legal and without territorial limitation. Likewise, it’s understood that this authorization is made free of charge.

In accordance with GDPR all personal data provided for the website will be treated in accordance with the disposed in the Privacy Policy and Cookies Policy. Any user who accepts this legal notice and conditions of use, accepts expressly and unequivocally our Privacy and Cookies Policy, assisting the rights of access, rectification, deletion, opposition, portability and consent withdrawal regarding their personal nature data, being able to adopt them according to the information in this Privacy and Cookies Policy.

5- TECHNICAL FOLLOWING

STEL uses the following cookies:

Cookiee types and collected information

Validity

Purpose

Deactivation

Cookiee that saves information for the software application, such as the username, current filters as well as any other need that is not essentially protected.

Variable

Providing service

The Client can deactivate cookiees (by using the configuration of the Clients browser). The Service may be affected by this, to the point where it may not even work correctly.

6- ASSIGNMENTS, SUBCONTRACTORS AND NOTIFICATIONS

STEL can, totally or partially, assign this Contract and all rights and responsibilities that come from it as well as subcontracting the fulfillment of any requirements and responsibilities to any third party, without the previous authorization on behalf of The Client.

All communication between the relative involved parties of The Contract will need to be done in writing, either by a written letter or an email address to the following addresses:

For STEL;

STEL Solutions, S.L. Edif. CEEIM, s/n , Campus Universidad Espinardo, 30100, Murcia,  Spain. info@stelorder.com y/o info@stelsolutions.com

For the Client;

The postal and email addresses provided to STEL during the subscription process.

Any change in address on behalf of the Client with regards to notifications must be notified to the other half (STEL) in writing with at least 10 days in advance by the mentioned means. Any change in address on behalf of STEL will be notified in the present document, with the consideration of notifying clients as soon as the changes are made on the website.

7- APPLICABLE LAW AND COMPETENT JURISDITION

The present General Conditions are registered by the Spanish Law. Both parties agree to the jurisdiction of the city of MURCIA and that any controversy that originates in relation to this Contract will renounce to any other involvement.

In the case of any nullifying elements in the present terms of use, this will not invalidate the totality of the terms of use except when these terms of use may exist without the emptied part.