GENERAL TERMS AND CONDITIONS OF USE AND LEGAL NOTICES

www.mamobjects.com
Data Controller

MAM OBJECTS S.L.  ·  B95631107  ·  PARQUE TECNOLÓGICO ED. 207-B 48160 DERIO  ·  info@erictel.com  ·  94675713

Commercial Register of Bizkaia, Volume, Book, Section, Folio, Sheet, Entry 1st, in accordance with Spanish legislation, Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, made available to Clients and Internet Users.

MAM OBJECTS S.L. welcomes you and invites you to carefully read the General Terms and Conditions of Use of this Website (hereinafter "General Terms and Conditions of Use and Legal Notices"), which describe the terms and conditions applicable to your browsing, in accordance with applicable Spanish regulations. Since www.mamobjects.com may modify these Terms of Use in the future, we recommend that you visit them periodically to stay duly informed of any changes made.

In order to ensure that the Website meets the criteria of transparency, clarity and simplicity, we recommend that the User resolve any suggestion, doubt or query regarding the General Terms and Conditions of Use by contacting www.mamobjects.com by phone at 946577133 or by email at: info@erictel.com

PURPOSE

MAM OBJECTS S.L. supplies the content and services available on the Website, subject to these General Terms and Conditions of Use, as well as the policy on the processing of personal data (hereinafter "Basic Information on Data Protection"). Accessing or using this Website in any way grants you the status of User and implies unreserved acceptance of all of these Terms of Use, with www.mamobjects.com reserving the right to modify them at any time. Consequently, it is the responsibility of every User to carefully read the General Terms and Conditions of Use in force each time they access this Website; if the User does not agree with any of the terms set out herein, they must refrain from using this Website.

Furthermore, you are hereby notified that, on occasion, particular conditions may be established for the use of specific content and/or services on the Website; use of such content or services will imply acceptance of the particular conditions specified therein.

It is important, in light of recent European Data Protection regulations — EU REGULATION 2016/679 of the European Parliament and of the Council, which seeks to preserve the confidentiality and security of your personal data, Organic Law 3/2018 of 5 December on Personal Data Protection and the Guarantee of Digital Rights, Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, and Royal Legislative Decree 1/2007 of 16 November approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws — that you read the Basic Information on any website where you provide your data.

About Us

We are leaders in the development and commercialisation of IoT digital solutions, present in Latin America and Spain.

We provide technological solutions to businesses seeking to modernise and improve their processes. Our products are focused on improving efficiency and productivity through new ways of working based on the Internet of Things (IoT).

Social Responsibility

IoT is changing the lives of people and businesses, being a key factor in social and environmental development and sustainable economic growth. Likewise, there are risks and concerns related to the negative impacts the IoT industry will generate in the coming years. It is estimated that by 2020 there will be 26 billion connected things. At Mam Objects we acknowledge our responsibility both to understand and manage these impacts and to be fully transparent and accountable.

Our Sustainability Approach

Our sustainability approach is aligned with the United Nations Sustainable Development Goals (SDGs), with the aim of reducing our footprint and contributing to them.

We have a great objective: to bring our IoT solutions to businesses and people, because we believe that the development of society is linked to efficiency and quality of life. Technology will allow us to achieve this.

Our Products

The IoT products we commercialise improve productivity through innovation and technological modernisation aligned with the SDGs. We develop solutions for the following sectors: mobility, vehicular, security, logistics, telemetry and agro-industrial.

Our IoT products focus on the following Sustainable Development Goals (SDGs):

Ubicaly

Location and telemetry solution for Vehicles, Assets and People.

Also sold as a white label product, where the name and images are customised for specific clients.

Language and Interpretation of the Contract

The language applicable to this privacy policy is Spanish. Therefore, in the event of any contradiction in any of the versions provided in other languages, the Spanish version shall prevail. Regarding the interpretation of contracts, specific reference shall be made to Arts. 1281 et seq. of the Civil Code and applicable commercial laws.

Conclusion of the Contract

You should also be aware that the act of providing your data does not attribute, confirm, cancel, legitimise or perfect any contractual relationship with our company unless we contact you and prior payment for the products you wish to contract has been made.

This is a distance contract and shall therefore be governed by the general provisions of the Consumer and User Protection Law.

1. SERVICES

Welcome to the MAM OBJECTS S.L. website. From this page you can browse our extensive catalogue of services across different lines of business, available at www.mamobjects.com:

Sectors

Our Offices

Buenos AiresCalle Estados Unidos 34, 7th Floor, Ciudad Autónoma de Buenos Aires
Santiago de ChileCalle Bucarest 150, Office 502, Providencia
BilbaoParque Tecnológico 207-B, CP: 48160 Bizkaia
BogotáTv 59 104B – 86 Office 702 Bogotá
CartagenaBarrio la Concepción Cra 2da No. 1-166
Mexico CityProlongacion Paseo de la Reforma 1200, Contadero, 05349 Ciudad de México, CDMX
GuayaquilAeropuerto JJ0, Edificio Sky Building Office 423 Guayaquil
QuitoAv. Mariana de Jesús y Av Eloy Alfaro, Edificio Gaia, Office 73 Quito
LimaCalle Coronel Inclán 237, Office 605 Miraflores – Lima

Access to the Website

Simple access to the Website is free of charge, except for the cost of the connection via the telecommunications network provided by the access provider contracted by the User.

In all cases, the User will be required to accept these General Terms and Conditions, as well as the Privacy Policy and the Cookies Policy.

Once you have provided your personal data on www.mamobjects.com, we will contact you to better specify and address your needs and requirements.

Our staff are highly qualified in computer engineering and artificial intelligence, and our extensive experience in the sector guarantees the quality of all our projects at an international level.

Registration Requirements

The use of certain services and content may be subject to prior User registration. The registration form will ask for your name, email address, phone number, company, country and any comments you wish to send us.

To register, you will need to accept the Terms of Use, Privacy Policy and Cookies Policy. You will also find a FAQ section to help you better understand the services we can offer.

The data entered by the User must be accurate, current and truthful. Registered Users shall be responsible at all times for the safekeeping of their password should one be provided to them, and shall assume any damages that may arise from its misuse, transfer, disclosure or loss. For these purposes, access to restricted areas and/or use of services and content under a registered User's password shall be deemed to have been carried out by that registered User, who shall be responsible in all cases for such access and use.

Availability of Services

Use of this website is subject to the following terms of use:

Acceptance of the Terms of Service

We reserve the right to restrict access to requests and all services if you have been, or we have reasonable grounds to believe you have been, convicted of a crime involving moral turpitude or any offence under the Spanish Penal Code and EU Community regulations.

You agree to use our application and services under the following terms:

  1. Our services are designed to comply with the laws of Spain and/or European regulations governing EU Community rules and are directed at users in Spain. However, our services may be available in jurisdictions outside Spain at our discretion.
  2. If you access our services from locations outside Spain, it means you accept and acknowledge that you do so at your own risk and that you are solely responsible for compliance with applicable local laws. We will not assume responsibility for any loss or damage arising from your use of our services.
  3. You must ensure that all information provided by you during registration and during use of the application is true, current, complete and accurate and that, should any information change at any time during your use of the application, you must update your information to ensure it remains true, current, complete and accurate at all times.
  4. You agree that we may, subject to the privacy policy, access, retain, transfer and disclose your personal information and documentation to the police or any private party pursuant to an order under applicable law, including, without limitation: to enforce and comply with legal processes and/or applicable law; to comply with these Terms of Service; to respond to your customer service requests; or to protect the rights, property or personal safety of individuals within the Kingdom of Spain as a member state of the European Union.
  5. We regularly make changes to our application and test various aspects of our services including the user interface, promotional features and the availability of functions. You accept and acknowledge that the application may contain tools that allow us to carry out these tests.
  6. You agree that we have the right to suspend user access to the services at any time and for any purpose, without prior notice.

Right of Withdrawal.

The buyer shall in all cases have a period of fourteen (14) calendar days from receipt of the Product to exercise their right of withdrawal without having to justify any reason or incur any penalty. This does not apply to services, which shall be governed by the terms specified in the work orders and contracts.

The buyer must notify their intention to withdraw within the stated period and must proceed to return the product. To do so, the User may send an email to www.mamobjects.com including their name and address, as well as their order number. They may also contact us by telephone in order to expedite the refund process.

MAM OBJECTS S.L. will refund the amounts paid by the User without any deductions. However, the cost of returning the product shall be borne by the User.

Once the products subject to the withdrawal have been received and their condition verified, MAM OBJECTS S.L. will refund the amounts paid by the User within a maximum period of 10 calendar days. Products that do not retain their original packaging may be subject to depreciation.

The right of withdrawal shall be exercised pursuant to Art. 71 of Royal Legislative Decree 1/2007 of 16 November approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. The consumer and user shall be responsible for proving that they have exercised their right of withdrawal in accordance with Art. 72 of the aforementioned law.

Returns and Withdrawal

Returns will not be accepted in the following cases:

3. INDUSTRIAL AND INTELLECTUAL PROPERTY

The user acknowledges and accepts that all content displayed on the Website, in particular designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs capable of industrial and/or commercial use, are subject to intellectual property rights, and that all trademarks, trade names or distinctive signs, all intellectual and industrial property rights over the content and/or any other elements included on the page, are the exclusive property of www.mamobjects.com and/or third parties, who have the exclusive right to use them in commercial traffic. Therefore, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding www.mamobjects.com harmless from any claim arising from the breach of such obligations. In no case shall access to the Website imply any waiver, transmission, licence or total or partial assignment of such rights, unless expressly stated otherwise. These General Terms and Conditions of Use of this Website do not confer on Users any other right to use, exploit, alter, reproduce, distribute or publicly communicate the Website and/or its content other than those expressly provided herein. Any other use or exploitation of any of the rights shall be subject to the prior express authorisation specifically granted for that purpose by www.mamobjects.com or the third party holding the affected rights.

The content, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected by copyright under intellectual property legislation. www.mamobjects.com navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website, or in any case has the corresponding authorisation for the use of such elements. The content of the Website may not be reproduced in whole or in part, nor transmitted or recorded by any information retrieval system, in any form or by any means, unless prior written authorisation has been obtained from the aforementioned Entity.

Furthermore, it is prohibited to suppress, circumvent or manipulate the "copyright" as well as the technical protection devices, or any information mechanisms that the content may contain. The User of this Website undertakes to respect the rights set out above and to avoid any action that could harm them, with www.mamobjects.com reserving in all cases the right to exercise all available legal means and actions in defence of its legitimate intellectual and industrial property rights.

4. USER OBLIGATIONS AND RESPONSIBILITIES

The User undertakes to:

  1. Make appropriate and lawful use of the Website and its content and services, in accordance with: (I) applicable legislation at any given time; (II) the General Terms and Conditions of the Website; (III) generally accepted morals and good practices; and (IV) public order.
  2. Provide themselves with all technical means and requirements necessary to access the Website.
  3. Provide truthful information when completing personal data forms on the Website and to keep such information updated at all times so that it accurately reflects the User's actual situation. The User shall be solely responsible for any false or inaccurate statements made and for any damages caused to www.mamobjects.com or third parties as a result of the information provided.

Notwithstanding the above, the User must also refrain from:

  1. Making unauthorised or fraudulent use of the Website and/or its content for unlawful purposes or effects, prohibited under these General Terms and Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, render unusable, overload, deteriorate or prevent the normal use of the services or the documents, files and all types of content stored on any computer equipment.
  2. Accessing or attempting to access restricted resources or areas of the Website without meeting the conditions required for such access.
  3. Causing damage to the physical or logical systems of the Website, its providers or third parties.
  4. Introducing or spreading on the network computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of www.mamobjects.com, its providers or third parties.
  5. Attempting to access, use and/or manipulate the data of www.mamobjects.com, third-party providers and other Users.
  6. Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the content, unless the authorisation of the holder of the corresponding rights has been obtained or it is legally permitted.
  7. Suppressing, concealing or manipulating notes on intellectual or industrial property rights and other identifying data of the rights of www.mamobjects.com or third parties incorporated in the content, as well as technical protection devices or any information mechanisms that may be inserted in the content.
  8. Obtaining or attempting to obtain content using means or procedures other than those which, as the case may be, have been made available for that purpose or have been expressly indicated on the web pages where the content is found, or, in general, those customarily used on the Internet that do not entail a risk of damage or rendering unusable of the Website and/or its content.
  9. In particular, and by way of illustration and without limitation, 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 type of material that:
    1. (I)In any way, is contrary to, belittles or infringes upon the fundamental rights and public freedoms recognised constitutionally, in International Treaties and in the rest of the applicable legislation.
    2. (II)Induces, incites or promotes criminal, denigrating, defamatory, violent acts or, in general, acts contrary to the law, morality, generally accepted good practices or public order.
    3. (III)Induces, incites or promotes discriminatory acts, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
    4. (IV)Incorporates, makes available or allows access to criminal, violent, offensive, harmful, degrading products, elements, messages and/or services or, in general, those contrary to the law, morality and generally accepted good practices or public order.
    5. (V)Induces or may induce an unacceptable state of anxiety or fear.
    6. (VI)Induces or incites involvement in dangerous, risky or harmful practices for health and psychological balance.
    7. (VII)Is protected by intellectual or industrial property legislation belonging to www.mamobjects.com or third parties without the intended use having been authorised.
    8. (VIII)Is contrary to the honour, personal and family privacy or the image of individuals.
    9. (IX)Constitutes any type of advertising.
    10. (X)Includes any type of virus or programme that prevents the normal functioning of the Website.

If a password is provided to access some of the services and/or content of the Website, you undertake to use it diligently, keeping it confidential at all times. Consequently, you shall be responsible for its proper safekeeping and confidentiality, undertaking not to transfer it to third parties, whether temporarily or permanently, nor to allow access to the aforementioned services and/or content by unauthorised persons. Likewise, you undertake to notify www.mamobjects.com of any event that may constitute misuse of your password, such as its theft, loss or unauthorised access, in order to proceed with its immediate cancellation. Consequently, until such notification is made to www.mamobjects.com, it shall be exempt from any liability that may arise from the misuse of your password, and you shall be responsible for any unlawful use of the Website's content and/or services by any unauthorised third party.

If you negligently or wilfully breach any of the obligations established in these General Terms and Conditions of Use, you shall be liable for all damages and losses that may arise from such breach for www.mamobjects.com

5. HYPERLINKS

The user undertakes not to reproduce in any way, not even through a hyperlink or hyperlink, the Website www.mamobjects.com or any of its content, without express written authorisation.

The www.mamobjects.com Website does not normally include links to other websites managed by third parties, but if it were to do so in order to facilitate the User's access to information from collaborating and/or sponsoring entities, www.mamobjects.com is not responsible for the content of such websites, nor does it position itself as a guarantor and/or supplier of the services and/or information that may be offered to third parties through third-party links.

A limited, revocable and non-exclusive right is granted to the user 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 www.mamobjects.com recommends that website or its services or products; (ii) may not misrepresent their relationship with www.mamobjects.com or claim that www.mamobjects.com has authorised such a link, nor include trademarks, names, trade names, logos or other distinctive signs of www.mamobjects.com; (iii) may not include content that could be considered in poor taste, obscene, offensive, controversial, inciting 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 linking website to reproduce the Website as part of its own website or within one of its "frames" or create a "browser" over any of the pages of the Website. www.mamobjects.com may request, at any time, the removal of any link to the Website, after which the link must be removed immediately. www.mamobjects.com cannot control the information, content, products or services provided by other websites that have established links to the Website.

Consequently, www.mamobjects.com assumes no responsibility for any aspect relating to such websites.

6. COOKIES

www.mamobjects.com reserves the right to use "cookie" technology on the Website in order to recognise you as a frequent User and personalise your use of the Website through the pre-selection of your language or most desired or specific content. The "cookies" used by the Website, or the third party acting on its behalf, are associated only with an anonymous user and their computer, and do not by themselves provide personal data of the user.

The cookies used are as follows: own cookies, Google Analytics, Google Adwords.

Cookies are files sent to a browser by a Web server to record the User's browsing on the Website, when the User allows their receipt. You may also delete "cookies", for which you should consult the instructions for use of your browser.

Thanks to cookies, www.mamobjects.com is able to recognise the browser of the computer used by the User in order to provide content and offer the User's browsing or advertising preferences, demographic profiles of Users, as well as to measure visits and traffic parameters, and monitor progress and number of entries.

You can remove or block cookies using your browser options, but in some cases this may affect your ability to use www.mamobjects.com. You can find more general information about COOKIES in our PRIVACY AND DATA PROTECTION POLICY section.

7. LIABILITY

www.mamobjects.com does not guarantee continuous access, nor the correct display, download or usefulness of the elements and information contained on the pages of www.mamobjects.com, which may be prevented, hindered or interrupted by factors or circumstances outside its control.

www.mamobjects.com is not responsible for any decisions that may be taken as a result of access to the content or information provided.

www.mamobjects.com may interrupt the service or immediately terminate the relationship with the User if it detects that the use of its Website or any of the services offered therein is contrary to these General Terms and Conditions of Use.

It accepts no responsibility for damages, losses, claims or expenses arising from the use of the Website. It will only be responsible for removing, as soon as possible, the content that may cause such damages, provided it has been duly notified. In particular, it will not be responsible for damages that may arise from, among others:

  1. (I)Interference, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the control of www.mamobjects.com
  2. (II)Unlawful intrusions through the use of malicious programmes of any kind and through any means of communication, such as computer viruses or any others.
  3. (III)Improper or inappropriate use of the Website.
  4. (IV)Security or navigation errors caused by a malfunction of the browser or by the use of outdated versions thereof. The administrators of www.mamobjects.com reserve the right to withdraw, in whole or in part, any content or information present on the Website.
  5. (V)www.mamobjects.com excludes any liability for damages of any nature that may be due to the misuse of the freely available services and use by Users of the Website.

Likewise, www.mamobjects.com is exempt from any liability for the content and information that may be received as a result of data collection forms, which are solely for the provision of consultation and enquiry services. On the other hand, in the event of causing damages through unlawful or incorrect use of such services, the user may be claimed by www.mamobjects.com for the damages caused.

You will defend, indemnify and hold www.mamobjects.com harmless from any damages arising from claims, actions or demands of third parties as a result of your access to or use of the Website. You also undertake to indemnify www.mamobjects.com for any damages arising from your use of "robots", "spiders", "crawlers" or similar tools used for the purpose of collecting or extracting data, or from any other action on your part that imposes an unreasonable burden on the functioning of the Website.

8. DATA PROTECTION

In order to use some of the Services, Users must first provide certain personal data. To this end, MAM OBJECTS S.L. will process personal data in an automated manner in accordance and in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. To this end, the User may access the policy followed in the processing of personal data, as well as the previously established purposes, as set out in the conditions defined in the Privacy and Data Protection Policy presented on the Website.

You may at all times exercise your legally recognised rights of access, rectification, erasure and objection, as well as the right to restriction and portability, free of charge. To do so, you or a legally authorised representative must provide the Data Controller with the following documents and necessary information:

9. CODE OF CONDUCT

MAM OBJECTS S.L. undertakes to ensure that the content of the services offered shall not:

10. DURATION AND TERMINATION

The provision of the service of this Website and other services is in principle of indefinite duration. However, www.mamobjects.com may terminate or suspend any of the portal's services. Where possible, www.mamobjects.com will announce the termination or suspension of the specific service.

11. DECLARATIONS AND WARRANTIES

In general, the content and services offered on the Website are purely informative in nature. Consequently, in offering them, www.mamobjects.com does not grant any warranty or declaration in relation to the content and services offered on the Website, including, by way of illustration, warranties of lawfulness, reliability, usefulness, truthfulness, accuracy or merchantability, except to the extent that such declarations and warranties cannot be excluded by law.

12. FORCE MAJEURE

www.mamobjects.com shall not be liable in any case for inability to provide service if this is due to prolonged interruptions of the electricity 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 events.

13. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions, as well as the use of the Website, shall be expressly governed by Spanish legislation and private international law ratified by Spain.

Jurisdiction: Any dispute shall be resolved before the Courts of First Instance and Investigating Courts of Bilbao, unless any law or international treaty designates another court of jurisdiction.

Applicable law: Any litigation arising from these terms shall be governed by the following competent forums: Spanish laws, submission of the parties to the Spanish Courts pursuant to Art. 22 bis of the LOPJ, as well as to the enforcement of judgments; therefore, Spanish courts shall have exclusive jurisdiction over any litigation.

In contracts concluded electronically in which a consumer is a party, they shall be deemed to have been concluded at the place of the consumer's habitual residence. Electronic contracts between businesses or professionals shall, in the absence of agreement between the parties, be deemed to have been concluded at the place where the service provider is established.

In the event that any provision of these General Terms and Conditions becomes unenforceable or null and void under applicable legislation or as a result of a judicial or administrative decision, such unenforceability or nullity shall not render these General Terms and Conditions unenforceable or null and void as a whole. In such cases, the relevant provision shall be modified or replaced by another that is valid and enforceable and that, to the extent possible, achieves the objective and intention reflected in the original provision.