TERMS & CONDITIONS

 

Please read the Terms and Conditions (hereinafter, “the T&C”) carefully before using the App.

 

WHO WE ARE, HOW TO CONTACT US AND TO WHOM BELONGS THE OWNERSHIP

The Ogun App is an App operated by Ogun Construction Technologies, S.L. (hereinafter, “We” or “Ogun”) that offers an easy tool for construction companies to control their deliveries, report issues and create reminders. 

We are registered in Spain under company number B-67251918 and have our registered office at C/ Montecassino 4, Bj. 2ª Barcelona 08006. The company is registered in the Commercial Registry of Barcelona with the following data: volume 46504, folio 125, sheet B-522177.

For further information, please do not hesitate to contact us, please email app@ogun.io

ACCESS TO THE APP

Before using the App, We would like to inform you about the following: 

  • In order to use our App, you must be 16 years old or older.
  • In order to use our App, you must create an account (with user name and password) by means of registration. Your name, surnames, email address and mobile phone number will be required. If you do not agree to give us your personal data, please do not continue using the App. For more information about the processing of your personal data, check the Privacy Policy.
  • Before using this App, you need to click the check box, confirming that you have acknowledged, read and accepted these T&C and that you totally agree to comply with them. If you do not agree, or do not want to be bound by these T&C, you must not continue to use our App.
  • You can always find these T&C on Ogun’s website, you can access to it by the link on the the App.
  • If you ever need to modify or correct your personal data, you can send an email to  app@ogun.io
  • You can find these T&C in English or Spanish.

GENERAL OBLIGATIONS OF THE USERS

  1. Treat your user name and password as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these T&C. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at app@ogun.io 
  2. To grant the reliability and accuracy of the Content introduced in our App, as Well as of the submitted or sent documents. Another obligation is to update the documents and/or information as many times as necessary.
  3. To grant that the personal data, which you have provided us with, is accurate and up to date.
  4. To create a safe and solid password. 
  5. To use correctly the App, medium whereby We provide you with the service, in accordance with law and good faith.
  6. To respect and comply with the applicable additional Privacy policies.

PROHIBITED USES 

You may use the App only for lawful purposes. You may not use our App under any circumstances: 

  • In any way that breaches any applicable local, national or international law or
    regulation.  
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose
    or effect. 
  • For the purpose of harming or attempting to harm minors in any way. 
  • To send, knowingly receive, upload, download, use or re-use any material which
    does not comply with our Content standards (view below). 
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). 
  • To knowingly transmit any data, send or upload any material that contains viruses,
    Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful  programs  or  similar  computer  code  designed  to  adversely  affect  the operation of any computer software or hardware. 
  • To manage conflict between Parties, the App is not the appropriate channel.  

You also agree

  • Not to reproduce, duplicate, copy or re-sell any part of the App in contravention of the provisions of our T&C. 
  • Not to access without authorisation, interfere with, damage, or disrupt: 
  •  Any part of the App; 
  •  Any equipment or network on which the App is stored; 
  •  Any software used in the provision of the App; or 
  •  Any equipment or network or software owned or used by any third party. 

BULLETIN BOARDS

The App offers bulletin boards associated to every project, in which users can post messages and photographs, as well as delete them. 

We are under no obligation to oversee, monitor or moderate any bulletin board We provide on our App, and We expressly exclude our liability for any loss or damage arising from the use of any bulletin board by a user in contravention of our content standards, whether the service is moderated or not. 

The use of any of our bulletin boards by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use a bulletin board that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any bulletin board should be aware of the potential risks to them. 

CONTENT STANDARDS

These content standards apply to any written contribution or photograph which you upload to our App (hereinafter, the “Contribution”), including, but not limited to, the technical information or documentation (such as delivery notes) or your written contributions in the bulletin boards.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. The Content, in accordance with the App purposes, must be strictly professional. Any other Content regarding different purposes therefore is forbidden.

Ogun will determine, in its discretion, whether a Contribution breaches the Content Standards. 

A Contribution must

  •    Be accurate (where it states facts). 
  •    Be genuinely held (where it states opinions). 
  •    Comply with the law applicable in Spain and in any country from which
    it is posted. 

A Contribution must not

  • Be defamatory of any person or business.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any intellectual property right of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidentiality. 
  • Promote any illegal activity. 
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person or business.
  • Be likely to cause commercial damage or harm to any business.
  • Impersonate any person, or misrepresent your identity or affiliation with any person. 
  • Give the impression that the Contribution emanates from Ogun, if this is not the case. 
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse. 
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism. 
  • Contain any advertising or promote any services or web links to other sites. 

UPLOADING CONTENT TO THE APP

Whenever you make use of a feature that allows you to upload content to the App, or to
make contact with other users of the App, you must comply with the Content Standards set out in these T&C. 

Please be informed that We do not verify, check nor guarantee the content of the documents uploaded to the App.

You warrant that any such Contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage We suffer as a result of your breach of warranty. 

You retain all of your ownership rights in your content, but you are required to grant us and other users of the App a limited licence to use, store and copy that content and to distribute and make it available to third parties, according to the App’s utilities. 

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the App constitutes a violation of their intellectual property rights, or of their right to privacy. 

We have the right to remove any posting you make on the App if, in our opinion, your post
does not comply with the content standards set out in these T&C. 

You are solely responsible for securing and backing up your content. 

By using this App, you will only be able to see the information and Contributions of the members of your project. 

VOLUNTARY UNSUBSCRIPTION AND RIGHT OF EXCLUSION

You can unsubscribe voluntarily by notifying us at app@ogun.io , with a minimum of one (1) month in advanced. 

Please note, that We reserve the right to store your data, as Well as the Content you have given us, as long as it is necessary to comply with our legal obligations. For further information, check the Data Privacy Policy.

INTELLECTUAL PROPERTY

We are the owners or the licensees of all intellectual property rights, titles and interests in and to the App and its Content (including without limitations the texts, photographs, images, technology, software, databases, trademarks, trade names, logos, know how, domain names and any other intellectual property rights appearing on the App), including modifications, upgrades or new versions (hereinafter, “the Intellectual Property Rights”). 

The sole license or right We grant you is the right to view and use the App. Therefore, the use of the Intellectual Property Rights is solely authorized for personal and private use, in accordance with these T&C. Any other use of the Intellectual Property Rights for other purposes is expressly forbidden. 

In light of the foregoing, it is prohibited the reproduction, distribution, public communication, transformation and any other use and/or exploitation act of the App and/or its contents, without our previous and express consent. Also, it is forbidden to decompose, reverse engineer or make derivative works of the software that supports the operation and access of the App. 

In this regard, under no circumstances the access to the App constitutes or means a transfer of our intellectual property rights, and does not imply the authorisation or licence to use the content of the App for purposes other than those referred to in these T&C. 

If you print off, copy or download any part of the App in breach of these T&C, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. 

Failure to comply with any of the provisions stated herein will entitle us to instigate proceedings against the offender and to take the appropriate legal actions to defend our intellectual property rights, titles and interests, including the right to claim compensatory damages as appropriate. 

Concerning your Contributions, you grant us and the other users of the App a global license , non-exclusive, transferrable, sublicensable and exempt of costs for intellectual property rights to host, distribute, modify, maintain, reproduce, display, disclose, publicly communicate and translate your content and information, including but not limited to the pictures and other Contributions protected by intellectual property rights you upload, as well as to create derivative material of it. 

AVAILABILITY OF THE APP

The downloading of the App is free. However, in the future its use might be subject to a charge. In such case, the companies will be subject to our fees in order to enable its employees or professionals to use the App. Once the companies have satisfied the fees in accordance with the number of user accounts to be used, We will provide them with a code that shall be introduced in the App by the user. 

We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

BREACH OF THESE T&C

When We consider that a breach of these T&C has occurred, We may take such action as We deem appropriate. 

Failure to comply with these T&C constitutes a material breach of these T&C upon which you are permitted to use the App, and may result in our taking all or any of the following actions: 

  •  Immediate, temporary or permanent withdrawal of your right to use the App. 
  •  Immediate, temporary or permanent removal of any Contribution uploaded by you to
    the App. 
  •  Issue of a warning to you. 
  •  Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach. 
  •  Further legal action against you. 
  •  Disclosure of such information to law enforcement authorities as We reasonably feel is necessary or as required by law. 

We exclude our liability for all action We may take in response to breaches of these T&C. The actions We may take are not limited to those described above, and We may take any other action We reasonably deem appropriate. 

CONFIDENTIALITY

We only commit to confidentiality and secrecy of the personal data that We have access to because of the  service provided, in accordance with the applicable law, without being able to keep a copy or use them for any different purposes or conditions than those established in the Privacy Policy. 

Nevertheless, We may access and use the information you upload to the App without any kind of restriction nor obligation to offer you a compensation, We neither have the obligation to consider your information as confidential. However, we assure you that whom may receive the information are bounded to confidential obligations, and can be sanctioned if they do not comply with these confidential obligations.

By using this App, you accept to keep the acknowledged, communicated and/or downloaded all information in strictly secret. You undertake not to disclose, publish, directly or indirectly, give them to third parties without the previous written consent of the affected party.

Furthermore, the users that subscribe a provision of services undertake to make available only and exclusively the needed information to those natural or legal persons who need it in order to develop the business construction project successfully always regarding and ensuring the confidentiality.

RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

There are different limitations and exclusions of liability that will apply to liability arising as a result of the supply of any services to you:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our gross negligence or the gross negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. We nevertheless, reserve the right to claim to the defaulting party the total amount of the direct or indirect damages that could cost us a tort or an extrajudicial arrangement by means of reliable and recognised systems of mediation and arbitration. As Well, We reserve the right to claim to the defaulting party our legal defence costs, as Well as all costs and expenses incurred in connection with the claim (including those of lawyers).
  •     In any other liability cases, which are not included in the abovementioned point, We will never be responsible. In other words, We will never be responsible for, including but not limited, direct or indirect loss or damage, breach statutory duties and, even if foreseeable, the suspension of the service, the cancellation, interruption or inability to use the App and reliance on any content displayed on it.
  • We will neither be responsible for loss profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or direct or indirect consequential damages.
  • Our App is not intended for consumer or domestic use.  The OGUN App is commercial / business tool.  If you choose to visit the App or make use of the OGUN App as a consumer, We accept no greater responsibility or liability to you than We do for commercial / business users. 

If you do not accept the foregoing, please do not use the OGUN App.

WE MAY MAKE CHANGES TO THESE T&C 

We may update and change these T&C from time to time to reflect changes that may occur to the services that the App offers and to our business priorities. 

After making a substantial change on the T&C, We will give you a reasonable notice well in advance, to give you the chance of reviewing the new wording and deciding whether you want to unsubscribe from the App.

Only in case We make a minor change, We will inform you without prior notice. Such changes shall be effective immediately upon notice thereof.

We can notify you those changes by email. 

The use of the App after the aforementioned notice of revisions or additions to these T&C shall constitute your agreement to such revisions or additions. 

We inform you that it is possible that our App contains information and/or materials with errors, omissions, or typographical errors or sometimes may be out of date. Thereupon, the abovementioned inconvenient could be changed, deleted or updated at any time without prior notice.

MISCELLANEOUS

These T&C that rule the App are governed by and construed in accordance with Spanish law. The access or use of the App means that you agree that the exclusive jurisdiction will be of the courts of Barcelona.