1.1 COELI is the owner of the website https://www.coeli.cat (hereinafter, the “Website“), through which it offers a license to use specialized software to disseminate, document and manage heritage collections. (Hereinafter,“COELI Services” or the “Platform”).

1.2 COELI grants to the user a non-transferable and non-exclusive, and in the Terms & Conditions provided, right to use its Web Platform and its different functionalities, without granting to the user any right to exploit intellectual and industrial property on the same.

1.3 For these purposes it is stated that the CLIENT contracts COELI Services to be used by its employees.

1.4 The general conditions described below, regulate the conditions of use and access to the Website and the use of the COELI Services by the CLIENT and all that without prejudice to the particular conditions that regulate the use, provision and / or contracting of the products or services of third parties that, if possible, can be offered through the Website.

2.1 The CLIENT of COELI undertakes to make proper and lawful use of the Website, in accordance with the applicable law and with the provisions of these Terms & Conditions.

2.2 It is prohibited to misuse the Website. Consequently, the CLIENT will have to refrain, among others, from:

• Committing crimes, or encouraging others to do so
• Introduce or distribute computer viruses on the network, upload offensive or obscene material.
• Pirate aspects of the Website service.
• Corrupt the data that appears on the Website.
• Send advertising or unsolicited promotional materials (“spam”).

2.3 The Websitemay also contain links to other websites that are not operated by COELI (hereinafter “Other websites”). COELI does not exercise any control over Other websites and is not responsible for their content or for any damage that may be caused by their use. Although it reserves the right to eliminate these links if by any means it was known that any irregularity or illegality is committed in the linked place.

3.1 The use and access to the Website by the CLIENT implies the acceptance of these General Conditions. Likewise, in order to contract the provision of COELI Services, the CLIENT expressly accepts these General Conditions and the Privacy Policy and the Use of cookies. These General Conditions and Privacy Policy and Use of cookies can be found at: https://www.coeli.cat/es/quienes-somos/aviso-legal/.

3.2 COELI reserves the right to modify the content of the general conditions at any time. In any case, this will not affect the CLIENT, which will be subject to the general conditions in force of the Website at the time of contracting the COELI Services or at the time of use and access to the Website.

4.1 Obligations and guarantees of COELI:

4.1.1 To provide the Services of COELI in accordance with the terms established in these contracting conditions.

4.1.2 COELI undertakes to provide the sufficient means for the Services of COELI to be available 24 hours a day every day of the year, although it is not responsible for the lack of operation or punctual interruption of the websites of the Final provider or the Website and/or the Services of COELI attributable to third parties or any unforeseeable event by a person alienated from the contract or fortuitous event or force majeure.

4.1.3 Notwithstanding the foregoing, COELI reserves the right to interrupt the Website and/or the Services of COELI when necessary to perform technical repairs, maintenance, make changes to the Platform (design, texts, technology, etc.) and/or to improve their services. To the extent possible, COELI will notify in advance of interruptions that are due to foreseeable circumstances, such as maintenance and connectivity outages.

4.2 Obligations of the CLIENT:

4.2.1 The CLIENT is responsible for the information provided in the contracting process to be true and accurate, committing to communicate to COELI all changes in them that affect the contractual relationship.

4.2.2 Adopt all necessary security measures to preserve the confidentiality and secrecy of its User (identification) and Password of access to the Platform, which will be, in any case, personal and non-transferable.

4.2.3 Do not use the Website or the Services of COELI for activities contrary to laws, morals, public order, or for illegal, prohibited, harmful ends of rights and freedoms of third parties. COELI is not responsible for the consequences and damages that may result from improper use of the Services provided through the Website and/or the Platform.

5.1 Access to the Platform is done via internet, requiring that the user has been previously registered. Therefore, COELI will request a set of data to configure and to make available the CLIENT’s working environment.

5.2 The contracting by the CLIENT of the Services of COELI will entitle all authorized employees to access these Services.

5.3 COELI will carry out the maintenance of the technological infrastructure, as well as backup copies of the database periodically.

5.4 Platformupdates will be carried out periodically and automatically.

5.5 COELI will provide remote technical support for possible incidents on the Platform, but in no case for the loss of information due to the misuse of the Platform.

6.1 The hiring of the Services of COELIis carried out periodically.

6.2 COELI and the CLIENT will agree on the renewal of the contract before the end of the current contract.

6.3 If it is deemed necessary to adjust the plan or segment, COELI and the CLIENT will agree to the adjustment based on the use of the Services of COELI and the needs of the CLIENT at that time.

7.1 COELI, as the owner of all the rights of the Platform, holds all the intellectual and industrial property rights of the Platform, with the exception of the license granted through this Contract. COELI expressly reserves the exploitation rights it owns on the licensed Platform, expressly including the rights of reproduction, transformation, public communication and distribution of all possible forms of exploitation.

7.2 Likewise, “COELI” is a registered trademark of COELI Platform S.L., so any use of it or any similar identifying sign that may cause confusion about its origin or ownership by third parties without prior express authorization is prohibited. 7.1

7.3 The Websitehttps://www.coeli.cat and all the URLs where COELI offers its services are domains registered by COELI. Likewise, the intellectual property rights related to the software and the contents of the Website belong to COELI or to the licensors.

7.4 Consequently, the total or partial reproduction of the Websiteis expressly prohibited. It is also not allowed to publish, manipulate or distribute the content of the Websitewithout the express authorization of COELI or the legitimate owner, if possible.

8.1 The data is the property of the CLIENT and it is the CLIENT who decides what data is published and how. In this sense, COELI is not responsible for the contents and data that the CLIENT disseminates from COELI’s infrastructures.

8.2 COELI guarantees that all data uploaded to the system on a private basis is only accessible by the CLIENT and the persons the CLIENT has authorized to access the Services of COELI.

COELI is a platform aimed at dissemination, and, for this reason, COELI recommends that its clients, in case of using third party data (photographers, etc.), manage the transfer of their rights to be able to disseminate with sufficient guarantees before publishing the contents.

9.1 The parties undertake to keep reserved and confidential the existence and content of all documentation and information that is administered, transmitted or disclosed by signing this agreement regardless of the means, form or support used (hereinafter , “Confidential Information”), agreeing not to make any disclosure to third parties or public communication without prior written authorization from the other party.

9.2 9.2. By way of example but not limited to, Confidential Information means all that relating to customer data, its very existence, its structure, promotion and sales plans, source codes and object of computer programs, systems, techniques, inventions, processes, patents, trademarks, registered designs, copyrights, know-how, trade names, technical and non-technical data, drawings, sketches, financial data, plans relating to new products, data relating to potential clients or clients, as well as any other information used in COELI’s business environment.

9.3 The obligation of confidentiality will remain until after the resolution, for any reason, of the contractual relationship between the Parties without this generating any compensation.

9.4 The breach of the obligation of confidentiality assumed in this agreement or of the return of the Confidential Information established above, will entitle any of the Parties to claim the total amount of the damages that this breach has generated

10.1 Any notification and communication that may or may have to be made in relation to these Terms & Conditions, will be made in writing and will have to be sent by email to the addresses contained in the particular conditions of contract.

11.1 These Terms & Conditions are governed by Spanish Law. In the event that a part of it is invalid or void for any reason, this will not affect the remaining provisions of these Terms & Conditions, which will remain valid.

11.2 To resolve any doubt or divergence that may arise between the Parties regarding compliance or interpretation of the clauses of these Terms & Conditions, both Parties, by mutual agreement, submit to the Jurisdiction and jurisdiction of the Courts and Tribunals of the city of Barcelona.

12.1 These Terms & Conditions do not entitle any of the Parties to represent or bind the other, not granting any right, power or entity to create any obligation, whether express or implied.

12.2 These Terms & Conditions and their annexes supersede and cancel all negotiations, commitments, pacts, communications, whether verbal or written, understood and previous agreements related to the same purpose that may in any way contravene the principles and stipulations established in these Terms & Conditions.

12.3 No modification of these Terms & Conditions shall be valid or binding for the Parties unless made in writing.