Terms & Conditions
Purpose and scope of application
The purpose of these General Conditions is to regulate the relationship between SERIAL READERS, S.L. (hereinafter, THE COMPANY) and you (hereinafter, the Customer), relating to all transactions performed through the “Serialify” website and application (hereinafter, the “WEB/WEB/APP”). This website and application is owned by THE COMPANY, a legally incorporated company with registered office at Avda. Diagonal, 662-664, holder of Tax Identification Number B-B67212563, and registered in the Companies Registry of Barcelona, in Volume 46,409, Folio 211, Page B-519,043, Entry 1.
Through the WEB/APP, THE COMPANY also offers products/services for children between 14 and 18 years of age, but it sells them to adults, who may purchase them by credit card or another permitted payment method, as established below. If you are a minor, you may only purchase products/services with the involvement of a parent or guardian. Otherwise, THE COMPANY reserves the right to reject the order, cancel accounts, remove content or cancel orders at its sole discretion.
If you have any questions, you can contact us at the telephone number +34934926249, or e-mail address info@serialify.com.
The online contracting of the products/services offered by THE COMPANY through this WEB/APP will be subject to the provisions laid down in these General Conditions of Contract and the Terms of Service of the Google Play and/or App Store marketplaces.
Acceptance and proof of acceptance
The products/services must be purchased by activating the BUY button that appears in the WEB/APP, which implies full acceptance of each and every one of the General Conditions as shown in THE COMPANY’s WEB/APP. Any modifications subsequently made to the clauses of the General Conditions shall not apply. The purchase and final payment of the product/services is carried out through the Google Play and/or App Store marketplaces, with express acceptance, where appropriate, of each and every one of the Terms of Service of each of them.
As from the time of acceptance, the user acquires the status of Customer of THE COMPANY that is described in these General Conditions. Any product/service subsequently offered by THE COMPANY must be the subject of a new contract.
If the Customer wants to read the General Conditions more carefully, he or she may consult them at any time in the Legal Terms section of the WEB/APP or take a screenshot.
Once these General Conditions have been accepted by activating the BUY button and formalising the payment through the corresponding Marketplace, THE COMPANY will confirm the purchase of the acquired product/service (content) to the Customer and will give him/her immediate access to visualisation of said product/service.
THE COMPANY hereby informs you that it records all purchase transactions. You may access this information at any time by requesting it from our Customer Service Department.
Mode, Scope and Prices, Payment Method and Withdrawal
Mode and Scope
By paying the amounts applicable to each one of the product/services (hereinafter, Digital Contents) available for purchase in the WEB/APP, and always in accordance with the Terms of Service of the Google Play and/or App Store marketplaces, the user acquires, on a non-exclusive basis and for personal and not for commercial or promotional purposes, a temporary user/access licence to read, exclusively in streaming (online and with off-line cache), each one of the Digital Contents marketed by THE COMPANY. The Digital Contents may never be downloaded definitively. These rights are understood in relation to the electronic devices with which the Digital Contents are compatible. The user may not sublicense or transfer any of his/her rights recognised in these Conditions.
It is necessary to register beforehand and to have a user account in order to access and purchase the products/services offered in the WEB/APP.
The Digital Contents offered through the WEB/APP may be used from:
– Tablets and Smartphones with the ANDROID operating system: users can access the reading by downloading the free reading application under offline streaming access with operating systems as from 4.0.3.
– iPad and iPhone with the IOS operating system: users can access the reading by downloading the free reading application under offline streaming access with operating systems as from 5.0.
Under streaming mode, the maximum number of linked devices, at the same time, in an account will be 5.
The Digital Contents purchased through the WEB/APP will be stored in THE COMPANY’s server, from where they may be accessed by the users, without prejudice to the fact that the user may temporarily download (offline cache) the purchased Digital Contents at any time to their electronic devices, with the premises indicated above in this section with regard to the possibilities and restrictions of use.
In addition, depending on the type of device used by each user, access to reading of the Digital Contents offered in the WEB/APP may require downloading the corresponding reading application, as indicated in the corresponding sections above.
THE COMPANY reserves the right to periodically update the catalogue of Digital Contents available through the WEB/APP; in particular, when it no longer has the necessary rights and authorisations to be able to market the Digital Contents.
Prices
The prices applicable to each Digital Content are indicated in the WEB/APP on the purchase date. They all include Value Added Tax (VAT) or any other tax that may replace it or be applicable at any time.
The offers or promotions will be duly marked and identified as such, appropriately indicating the previous price and the offer/promotion price.
THE COMPANY reserves the right to make any modifications to the WEB/APP that it deems appropriate, at any time and without prior notice.
Payment method
Purchases must be made and paid for through the Google Play and/or App Store marketplaces in accordance with the Terms of Service of each of them.
Withdrawal
In accordance with Article 103(m) of Royal Legislative Decree 1/2007, of 16 November, approving the recast text of the General Consumer and User Protection Act and other complementary laws, the right of withdrawal will not apply to contracts that refer to the provision of digital content that is not provided in a material medium where the execution has begun with the prior express consent of the consumer and user with their knowledge that they consequently lose their right of withdrawal.
Therefore, the user is hereby informed that, once reading of any Digital Content has begun, the right of withdrawal with regard to such content may not be exercised.
Service Guarantee
Users should report any incidents due to technical causes to the following email address: info@serialify.com
Language
The language in which the contract between THE COMPANY and the Customer will be concluded is Spanish or English.
Responsibilities of the customer
The Customer undertakes to make lawful use of the products/services, without breaching the legislation in force or harming the rights and interests of third parties.
The Customer guarantees the truthfulness and accuracy of the data provided in order to avoid causing harm to THE COMPANY as a result of any inaccuracies.
Post-Sale Services
For any enquiry, incident, complaint or claim following purchase of the product/services, THE COMPANY makes a Customer Service available to the Customer at the +34934926249 and the email address info@serialify.com.
Intellectual and Industrial Property
The intellectual and industrial property rights over the works, marks, logos and any other item subject to protection contained in THE COMPANY’s WEB/APP correspond exclusively to THE COMPANY (or to authorising third parties), which is solely entitled to exercise the rights of exploitation thereof in any manner, which particularly include, but are not limited to, the rights of reproduction, copying, distribution, transformation, marketing and public communication. The unauthorised reproduction, distribution, marketing or transformation of such works, marks, logos etc. constitutes an infringement of the intellectual and industrial property rights of THE COMPANY or the owner thereof, and may result in the exercise of any judicial or extrajudicial actions as may be applicable in the exercise of their rights.
By accepting these General Conditions of Contract, the Customer undertakes to respect the Industrial and Intellectual Property rights held by THE COMPANY or third parties.
Restrictions of Use
Among other things, it is expressly prohibited for the user of the WEB/APP to:
1. Sell, rent, lend, make copies, modify, transform, distribute and/or make available to the public the Digital Contents, either partially or in full, in any manner that is not expressly permitted in these Conditions of Contract;
2. Delete, modify, erase or any similar way of preventing the effective functioning of any measure taken to prevent the copying, distribution, making available to the public, modification, transformation or any other type of improper or unauthorised access or processing of the Digital Contents, either partially or in full;
3. Provide or share the user name and password with any third party other than the user;
4. Apply reverse engineering techniques, decompile, decipher, modify or create derivative works based on the Digital Content and/or the app or in any part thereof.
5. Circumvent any technology used to protect the Digital Contents accessible through the WEB/APP, as well as to erase or delete from the Digital Contents any mention or reference to the notice of the rights over such contents;
6. Use the WEB/APP and/or the Digital Contents accessible through it in any manner that entails breaching these Conditions of Contract;
7. Delete or alter any territorial restrictions applied in the WEB/APP.
In addition, the user agrees to take reasonable measures to prevent any unauthorised use of the WEB/APP and the Digital Contents accessible through it.
THE COMPANY reserves the right to temporarily or definitively suspend use of the WEB/APP at any time in the event of unauthorised, or allegedly unauthorised, use of the WEB/APP itself, either as a result of infringing the provisions of these Conditions of Contract or for other reasons. THE COMPANY shall have no obligation or liability whatsoever in such cases and no amount previously paid by the user shall be refunded.
Jurisdiction and Applicable Law
In the event of any conflict or dispute with regard to the interpretation and application of these contractual conditions, the Courts and Tribunals that, as the case may be, will hear the case, will be those established by the applicable legislation in the matter of competent jurisdictions. In the case of final consumers, this corresponds to the place of performance of the obligation or the buyer’s residence.
In the case of a purchase made by a company, both parties, expressly waiving any other jurisdiction, submit themselves to the Courts of Barcelona (Spain).