Terms of Use
1. INTRODUCTION
1.1. Welcome to the "www.spotlightpos.com" website. These general terms of use of the website "www.spotlightpos.com" (hereinafter the "Website"), owned by the company under the name "SPOTLIGHTPOS HELLAS SINGLE MEMBER PC" and distinctive title "SPOTLIGHTPOS HELLAS", which is based in Greece, in Athens (ARISTAIOU 25- 27, ATHENS, 11636), with G.E.MI. 131085703000, VAT number 800590071 (hereinafter simply "SPOTLIGHTPOS" or simply "Company"/ "we"), any specific terms of use applicable for a specific part or function (including the provision of services) of the Website (License Agreement Terms and Conditions / Terms of Sale), the Privacy Policy and the Cookies Policy (hereinafter the "Terms of Use"), as amended and in force from time to time, are the terms and conditions under which we provide to you, the user, the Website, are in force and applicable from your first visit to the Website and govern your navigation, use and legal relationship with SPOTLIGHTPOS and the promotional services provided through the Website. The Terms of Use are applicable for all the provision of services through the Website to you, the user, as well as for all the services which may be added in the future. Before you continue to navigate the Website, you are kindly requested to carefully read the Terms of Use, which constitute a legally binding agreement between you and SPOTLIGHTPOS.
1.2. By using the Website, its content and the services provided, you, the user of the Website, unconditionally declare and assure that you agree with the content of the Terms of Use and you understand the Terms of Use. In case you disagree with the content of the Terms of Use, in whole or in part, please do not use the Website and the services provided through the Website.
1.3. SPOTLIGHTPOS reserves the right to prohibit the use of the Website and the services provided through the Website, in case the user does not comply with the Terms of Use and the applicable legislation.
1.4. For any queries regarding the content and services of the Website and the Terms of Use, you may send an e-mail to info@spotlightpos.com, while you can also contact us in writing at our postal address, call us by phone (+30 210 3256600) or contact us through the Contact Form of the Website.
2. USE OF THE WEBSITE
2.1. You are prohibited from using the Website to harm others and their rights in any way, indicatively their intellectual and industrial property rights and personal data. You are prohibited to destroy, deactivate, overload or cause damage to the Website, to use non-authorised means for amending the content of the Website or to intervene in its operation in any way. In case you have access to other websites via the Website, it is presumed irrefutable that SPOTLIGHTPOS has no liability for the content and in general for anything associated with these websites.
2.2. In any case, you, the user unconditionally acknowledge and accept that you are exclusively liable for any damage or breakdown caused to the Website and to third parties, irrespective of the specific cause or its type, as a result of any breach by you, directly or indirectly, of any term of the Terms of Use.
2.3. The use of the Website and its services requires that you, the user, are 18 years old, you have legal capacity and in case you use the Website’s services on behalf of another person, you declare and guarantee that you have their authorisation and consent.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. Unless otherwise stated, the content of the Website, including intellectual property rights (industrial and copyright), all intangible goods, either registered or unregistered, such as, but not limited to, pictures, graphic designs, designs, texts, structure, «look & feel», are our Company’s (SPOTLIGHTPOS) and/or third parties’ exclusive property and are protected by Greek law, EU law and international treaties and agreements. Consequently, you accept and understand that you do not have the right to use, copy, extract, re-utilise, sell, assing, resell, distribute, download, upload and/or commercially exploit, present to the public in any way any content or parts of the content of the Website for any reason, unless you have prior written consent of SPOTLIGHTPOS, of the third party, of the owner or licensee.
3.2. You acknowledge and accept that you have no right to reproduce, copy, sell, resell and/or exploit commercially in any way, in whole or in part, the content of the Website, with the explicit reservation of our Company’ s (SPOTLIGHTPOS) rights regarding the exercise of its claims and rights against the person who infringes this very term in any way.
4. LIABILITY - INDEMNIFICATION
4.1. The Terms of Use set out the full extent of SPOTLIGHTPOS' obligations and liabilities in respect of the services offered through the Website, unless as agreed otherwise in specific terms of use. The content and services of the Website are provided on an “as is” basis, without any guarantee, expressed or implied, by SPOTLIGHTPOS by any means.
4.2. With the explicit reservation of its rights, SPOTLIGHTPOS does not guarantee, does not assume any obligation and does not assume any liability (civil or penal), except as expressly provided in the Terms of Use, for any damage that might occur to the user caused by the use of the Website and/or the provision of the services by Service Providers (indicatively in case of non-appropriateness, non-availability, non-adequacy, non-safety of the products/services of Service Providers).
4.3. SPOTLIGHTPOS to the maximum extent provided by law, assumes no liability under all circumstances and in any case (negligence included) for any damage that may occur to the user or any third party (both material and non-material, direct or indirect or of any other type and for any cause):
a) due to the use of the services and content of the Website from the use/provision of the services and contents of the Website, given that the user uses the Website οn their own initiative and has full understanding of the Terms of Use and/or;
b) due to acts of any user of the Website due to violation of the Terms of Use, of any other terms of use specifically agreed between SPOTLIGHTPOS and the user and the current legislation;
c) due to force majeure and events which are not under the control SPOTLIGHTPOS, such as: non-availability or errors of the Website and the services provided by the Website (indicatively and not exclusively: non-availability of the internet, electricity blackout, hardware failure, telecommunications failure) or for other technical reasons οr for reasons regarding the technical maintenance of the Website;
d) due to illegal acts or omissions of providers or third parties, including (e.g. unlawful interference, infringement of the Website, modification of the Website without the consent of SPOTLIGHTPOS);
e) due to information and material available on the Website, which is provided and/or licensed by third parties or has been collected by third party sources (e.g., service providers - partners), which are not controlled by SPOTLIGHTPOS;
f) due to comments and/or content published on the Website by the user or any user.
4.4. Users are exclusively and solely liable for all the transactions made through or as a consequence of the use of the Website, as well as for the specific terms and conditions of the said transactions.
4.5. To the maximum extent permitted by law, our Company’s (SPOTLIGHTPOS) liability towards the user or any third party for compensation for any claim (tort included) is excluded.
4.6. You agree to indemnify, defend and hold SPOTLIGHTPOS harmless from any liability, loss, damages, claim and expense related to your violation of these Terms of Use, which (violation) causes SPOTLIGHTPOS the abovementioned.
5. HYPERLINKS
5.1. The Website may contain references through links, hyperlinks or advertising banners, or otherwise, to websites of third-party service providers, whose availability, content, privacy policy, quality and completeness of their services SPOTLIGHTPOS does not control.
5.2. SPOTLIGHTPOS assumes no liability in any case whatsoever for the availability, the content, the privacy and cookie policy, and the quality or the correctness of the webpages and functions of third party’s websites, which are available to the user through hyperlinks, links or banners. Therefore, in case any problem occurs during the visit or use of such pages/functions, the user shall immediately communicate with the said websites.
5.3. It cannot be assumed in any case that SPOTLIGHTPOS adopts, accepts or approves the content and functions of the websites associated with the Website in any way.
5.4. The user expressly and unreservedly accepts that SPOTLIGHTPOS has no liability (irrespective of the specific cause or its type) for any loss or damage they might have suffered as a result of non-availability of the aforementioned websites or sources, or as a result of any confidence shown by the user to the completeness, accuracy or existence of any advertisement of any product marketed through the aforementioned websites.
5.5 We strongly recommend that you carefully read the terms of use and privacy and cookie policy of the aforementioned websites and keep a copy of them.
6. COMMENTS BY USERS
6.1. The content of comments posted by you on or through the Website must be accurate, true and lawful and compliant with all applicable laws and must not infringe any right of SPOTLIGHTPOS or of third parties.
6.2. SPOTLIGHTPOS assumes no liability for any content posted by any user and reserves the right to remove comments violating the applicable laws.
7. APPLICABLE LAW, JURISDICTION & OTHER PROVISIONS
7.1. The Terms of Use, any amendment of the Terms of Use as well as all issues associated with the Website and the services provided by SPOTLIGHTPOS (also through the Website) are governed by the Greek law.
7.2. Any dispute between you and SPOTLIGHTPOS, arising from these Terms of Use and the use of the Website, will be submitted to the Courts of the City of Athens, which have exclusive competency over any other venue. The exclusive jurisdiction of Athens Courts includes interim measures, temporary restraint orders and disputes arising from tort.
7.3. If any of these provisions cannot be applied for whatever reason or is against the law, this shall not affect the validity of the remaining provisions of the Τerms of Use.
7.4. Τhe Terms of Use are provided in Greek and English. In case of discrepancies, the Greek version shall prevail.
7.5. Our Company’s delay to enforce any of its rights or to exercise any right, shall not be considered as a right waiver in any case.
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