These terms and conditions (“Terms”) apply to the provision of the free analysis service (“Free Analysis Service”) by Mediterránea y Soluciones Financieras S.A (the “Company”, or “we/us”) to website users (“You”). You can find further information about the Company in our Legal Notice. Each of the Company and You will also be referred to as a “Party” and, together, as the “Parties”.
1. FREE ANALYSIS SERVICE
Subject to these Terms, the Company will provide you with a free analysis of your entity’s market data management, based on the answers You provide us in the questionnaire in our website. The Free Analysis Service is provided for free.
Unless otherwise indicated, we will send you result of our Free Analysis (the “Report”) at the end of the test and we will also make follow up contacts with you at the email address provided in the questionnaire regarding your potential request for services.
3. 3. PROPRIETARY RIGHTS
The Company owns all right, title and interest in and to the Free Analysis, the content of the Report and other information provided by us to You, the specific design, programming and structure of Free Analysis Service, as well as other rights and know-how related to it and all associated rights under copyright and trademarks. You will not challenge the Company’s ownership of the Services or any Content. All your data provided to us is yours, and we will not use this data for any purpose other than providing the free diagnosis.
All data shared between us regarding the diagnosis is confidential and both parties agree not to share this information to third parties nor use the information for any purpose other than the diagnosis and following up on the request for services.
5. WARRANTY DISCLAIMER
The Free Analysis Service is provided for free and based on the answers given by You to our questionnaire and any other information you may provide us with. You hereby warrant that the information you provide and your answers are true, accurate and up-to-date, so that we can provide a correct diagnosis. Our diagnosis is based on your answers, and we don’t make representations or warranties regarding the diagnosis we provide you. We shall only be liable to you for any reason if we enter into a commercial agreement for the provision of our services, under the conditions thereof.
Accordingly, to the maximum extent permitted by applicable law, the Free Analysis Service is provided “as is” and neither the Company, its employees, affiliates, agents, nor the like make any warranties of any kind, either expressed or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose or non-infringement. Neither the Company, its employees, affiliates, agents, merchants, licensors or the like warrant that the Free Analysis Service will be uninterrupted or error free; nor do any of them make any warranty as to the results that may be obtained from the use of the Free Analysis Services or as to the accuracy, reliability or content of any information provided through the Free Analysis Services.
6. LIMITATION OF LIABILITY
To the maximum extent permitted by mandatorily applicable law, neither party shall be liable to the other party or any other person for any direct, indirect, incidental or consequential damages, including loss or profit or goodwill, for any matter arising out of or relating to these Terms or its subject matter, whether such liability is asserted on the basis of contract, tort or otherwise.
7. GOVERNING LAW AND JURISDICTION
The validity, interpretation, enforceability, and performance of these Terms shall be governed by and construed in accordance with the laws of the Spain, without reference to its conflict of law principles. All claims and conflicts will be submitted to the courts of the city of Barcelona, Spain, without regard for any other jurisdiction to which the parties may be entitled.