The website https://bycity.es/ (hereinafter, the “Website”) is owned by BY-CITY MOTO, S.L., with C.I.F B73836868 and with registered office at AVDA. OF PEACE, 203, APTDO. 273, YECLA, 30510, MURCIA, Registered in the Mercantile Register of Murcia, Volume 3031, folio 1, Sheet MU-85057, 1st Inscription.

 

BY-CITY MOTO, S.L. welcomes you and invites you to read carefully the General Conditions of Use of this Website (hereinafter, the “General Conditions of Use”) that describe the terms and conditions that will be applicable to your navigation through it, in accordance with what is established in the Spanish regulations of application. Since of BY-CITY MOTO, S.L. may change these Terms of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made.

With the aim that the use of the Website complies with criteria of transparency, clarity and simplicity, BY-CITY MOTO, S.L. informs the User that any suggestion, doubt or query about the General Conditions of Use will be received and solved by contacting BY-CITY MOTO, S.L. through the phone 675 622 626, or at the email address: info@bycity.es

1. Objet

BY-CITY MOTO, S.L. provides the content and services that are available on the Website, subject to these General Conditions of Use as well as the policy on the processing of personal data (hereinafter, the “Data Protection Policy”). Access to this Website or its use in any way gives it the qualification of “User” and implies the unreserved acceptance of each and every one of these General Conditions of Use, reserving BY-CITY MOTO, S.L. the right to modify them at any time. Consequently, it will be the responsibility of every User, the attentive reading of the General Conditions of Use in force on each of the occasions on which he accesses this Website, so if he does not agree with any of the same here, must abstain with respect to the use of this Website.

Likewise, you are warned that, on occasion, specific conditions may be established for the use of specific contents and / or services on the Website, the use of said contents or services will imply acceptance of the specific conditions specified therein.

 

2. Services

Service through the Website, BY-CITY MOTO, S.L. offers Users the possibility to access information about the company, products and / or services offered through the web, location and contact section.

 

3. Privacy and data processing

When for accessing certain content or services it is necessary to provide personal data, Users will guarantee its veracity, accuracy, authenticity and validity. BY-CITY MOTO, S.L. will give said data the corresponding automated treatment according to its nature or purpose, in the terms indicated in the section on Data Protection Policy [LINK].

 

4. Intellectual and Industrial Property

The User acknowledges and accepts that all content displayed on the Website and especially, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs susceptible of industrial use and / or commercial are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all rights of industrial and intellectual property, content and / or any other elements inserted in the page, which are the exclusive property of BY-CITY MOTO, SL and / or from third parties, who have the exclusive right to use them in the economic traffic. Therefore, the User undertakes not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such content, keeping BY-CITY MOTO, S.L. of any claim arising from the breach of such obligations. In no case does access to the Website imply any type of waiver, transfer, license or total or partial cession of said rights, unless expressly stated otherwise. The present General Conditions of Use of the Website do not confer on the Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and / or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by BY-CITY MOTO, S.L. or the third holder of the affected rights.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site as a whole, as a multimedia artistic work, are protected as rights of copyright by legislation on intellectual property. BY-CITY MOTO, S.L. , is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or in any medium, unless prior authorization is granted, for written, of the aforementioned Entity.

It is also prohibited to delete, evade and / or manipulate the “copyright” as well as technical protection devices, or any information mechanisms that may contain the contents. The User of this Website undertakes to respect the rights enunciated and to avoid any action that could harm them, reserving in any case BY-CITY MOTO, S.L. the exercise of whatever means or legal actions correspond to him in defense of his legitimate rights of intellectual and industrial property.

 

5. Obligations and Responsibilities of the Website User

The User agrees to:

a) Make an appropriate and lawful use of the Website as well as the contents and services, in accordance with: (i) the legislation applicable at any time; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good practices and (iv) public order.

b) Provide all the means and technical requirements that are required to access the Website.

c) Provide truthful information by completing the forms contained in the Website with your personal data and keeping them updated at all times so that it responds, at all times, to the real situation of the User. The User will be solely responsible for the false or inaccurate statements made and the damages caused to BY-CITY MOTO, S.L. or to third parties for the information you provide.

Notwithstanding the provisions of the previous section, the User must also refrain from:

a) Make unauthorized or fraudulent use of the Website and / or content for illegal purposes or purposes, prohibited in these General Terms of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of services or documents, files and all kinds of content stored on any computer equipment.

b) Access or attempt to access resources or restricted areas of the Website, without meeting the conditions required for such access.

c) Cause damage to the physical or logical systems of the Website, its suppliers or third parties.

d) Introduce or spread in the network computer viruses or any other physical or logical systems that are capable of causing damage to the physical or logical systems of BY-CITY MOTO, S.L. , its suppliers or third parties.

e) Attempt to access, use and / or manipulate the data of third party providers and other Users of BY-CITY MOTO, S.L.

f) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.

g) Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of BY-CITY MOTO, S.L. or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may be inserted in the contents.

h) Obtain and try to obtain the contents using means or procedures different from those that, according to the cases, have been made available for this purpose or have been expressly indicated in the web pages where the contents are found or, in general, from those that are habitually used on the Internet for not involving a risk of damage or disablement of the website and / or content.

i) In particular, and merely indicative and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and / or image files, photographs, recordings, software and, in general, any kind of material that:

(i) In any way it is contrary, belittles or undermines the fundamental rights and public liberties recognized constitutionally, in the International Treaties and in the rest of the current legislation.

(ii) Induce, incite or promote criminal, slanderous, defamatory, violent or, in general, contrary to the law, morals, generally accepted good practices or public order.

(iii) Induce, incite or promote discriminatory actions, attitudes or thoughts because of sex, race, religion, beliefs, age or condition.

(iv) Incorporate, make available or allow access to products, elements, messages and / or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morality and generally accepted good practices or public order.

(v) Induces or may induce an unacceptable state of anxiety or fear.

(vi) Induce or incite to engage in dangerous, risky or harmful practices for health and psychic balance.

(vii) It is protected by the legislation on intellectual or industrial protection belonging to BY-CITY MOTO, S.L. or to third parties without having authorized the intended use.

(viii) Be contrary to honor, personal and family intimacy or the image of people.

(ix) Constitute any type of advertising.

(x) Include any type of virus or program that prevents the normal operation of the Website.

If to access some of the services and / or contents of the Website, you will be provided with a password, you are obliged to use it diligently, keeping it secret at all times. Consequently, it will be responsible for its proper custody and confidentiality, undertaking not to assign it to third parties, temporarily or permanently, or to allow access to the aforementioned services and / or contents by third parties. Likewise, you are obliged to notify BY-CITY MOTO, S.L. Any fact that may imply an improper use of your password, such as, without limitation, your theft, loss or unauthorized access, in order to proceed with immediate cancellation. Consequently, while not making the previous notification, BY-CITY MOTO, S.L. You will be exempt from any liability that may arise from the misuse of your password, being responsible for any illegal use of the contents and / or services of the Website by any illegitimate third party.

If you negligently or willfully fail to comply with any of the obligations set forth in these General Conditions of Use, you will be liable for all damages that may arise from such non-compliance for BY-CITY MOTO, S.L.

 

6. Responsibilities

BY-CITY MOTO, S.L.   does not guarantee the continued access, or the correct visualization, download or use of the elements and information contained in the Website, which may be impeded, hindered or interrupted by factors or circumstances beyond its control.

BY-CITY MOTO, S.L. is not responsible for the decisions that may be adopted as a result of access to the contents or information offered.

BY-CITY MOTO, S.L. may interrupt the service or immediately resolve the relationship with the User if it detects that a use of its Website or any of the services offered in it are contrary to these General Conditions of Use of BY-CITY MOTO, S.L. is not responsible for damages, losses, losses, claims or expenses derived from the use of the Website. It will only be responsible for eliminating, as soon as possible, the contents that may generate such damages, provided that this is notified. In particular, it will not be responsible for the damages that could be derived, among others, from:

(i) interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunication lines and networks, or by any other cause beyond the control of BY-CITY MOTO, SL

(ii) illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.

(iii) improper or inappropriate abuse of the Website.

(iv) security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions thereof. The administrators of BY-CITY MOTO, S.L. they reserve the right to withdraw, totally or partially, any content or information present on the Website.

BY-CITY MOTO, S.L. excludes any liability for damages of any kind that could be due to the misuse of the services freely available and used by Website Users. Also, BY-CITY MOTO, S.L. is exempt from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of inquiry and doubt services. On the other hand, in case of causing damages for an unlawful or incorrect use of said services, the User may be claimed by BY-CITY MOTO, S.L. of the damages or damages caused.

You will defend, indemnify and hold BY-CITY MOTO, S.L. undamaged against any damages and losses arising from claims, actions or claims of third parties as a result of your access or use of the Website. Likewise, you agree to indemnify BY-CITY MOTO, S.L. against any damages and losses arising from the use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or any other action on their part that imposes a unreasonable burden on the operation of the Website.

 

7. Hyperlinks

The User undertakes not to reproduce in any way, even through a hyperlink or hyperlink, the Website of BY-CITY MOTO, S.L. , as well as none of its contents, unless expressly authorized in writing by BY-CITY MOTO, S.L.

The Website of BY-CITY MOTO, S.L. includes links to other websites managed by third parties, in order to facilitate the User’s access to the information of collaborating companies and / or sponsors. Conformed with, by BY-CITY MOTO, S.L. is not responsible for the content of these websites, nor is placed in a position of guarantor or party offering the services and / or information that may be offered to third parties through the links of third parties.

The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not imply that BY-CITY MOTO, S.L. recommends that website or its services or products; (ii) may not distort your relationship with BY-CITY MOTO, S.L. nor to affirm that of BY-CITY MOTO, S.L. has authorized such link, or include trademarks, denominations, trade names, logos or other distinctive signs of BY-CITY MOTO, S.L. ; (iii) may not include content that may be considered distasteful, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or unlawful; (iv) may not link to any page of the Website other than the main page; (v) must link to the Website’s own address, without allowing the website that makes the link to reproduce the Website as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Website. by BY-CITY MOTO, S.L. You may request, at any time, that you remove any link to the Website, after which you must proceed immediately to its elimination. BY-CITY MOTO, S.L. can not control the information, content, products or services provided by other websites that have established links to the Website.

Accordingly, BY-CITY MOTO, S.L. does not assume any responsibility for any aspect related to such websites.

 

8. Data Protection

To use some of the Services, Users must previously provide certain personal data. For this, BY-CITY MOTO, S.L. will automatically process Personal Data in compliance with Law 15/1999 of December 13 on the Protection of Personal Data and the Development RD 1720/2007. For this, the User can access the policy followed in the processing of personal data as well as the establishment of previously established purposes, as provided in the conditions defined in the Privacy Policy [LINK] presented by the Website.

 

9. Duration and termination

The provision of the service of this Website and the other services have in principle an indefinite duration. However, BY-CITY MOTO, S.L. You may terminate or suspend any of the services of the portal. When possible, BY-CITY MOTO, S.L. announce the termination or suspension of the provision of the service determined.

 

10. Duration and termination

In general, the contents and services offered on the Website are purely informative. Therefore, by offering them, BY-CITY MOTO, S.L. does not grant any guarantee or declaration in relation to the contents and services offered on the Website, including, without limitation, guarantees of lawfulness, reliability, usefulness, accuracy, or merchantability, except to the extent that by law they can not exclude such statements and guarantees.

 

11. Overwhelming force

By City Moto will not be held responsible in case of impossibility of providing service, if this is due to prolonged interruptions of the power supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.

 

12. Resolution of controversies. Applicable law and jurisdiction

These General Conditions of Use, as well as the use of the Website, will be governed by Spanish legislation. Any dispute will be resolved before the courts of the domicile of the owner of the Website.

In the event that any provision of these General Terms of Use is unenforceable or void by virtue of the applicable law or as a consequence of a judicial or administrative decision, such unenforceability or nullity will not cause these General Conditions of Use to be unenforceable or null as a whole. In such cases, BY-CITY MOTO, S.L. modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieve the objective and pretension reflected in the original stipulation.