Terms of Service

1. LEGAL INFORMATION AND ACCEPTANCE

These Terms and Conditions apply to https://elasticrates.com (hereinafter, the "Website") of ZINAMIC CORP, S.L. (hereinafter, "Zinamic" and/or "we").

Zinamic is a company domiciled at Calle Ricardo del Arco, 4, 22003 Huesca, with Tax Identification Number B-22428262 and registered in the Commercial Registry of Huesca in volume 670, folio 179, sheet number HU-13911, with contact email address info@elasticrates.com.

These Terms and Conditions govern Users' access to and use of the Website and are intended to provide information about the entity's services and allow general access to all Internet users. Access to and/or use of the Website grants the individual doing so the status of User and implies acceptance, without any reservations, of all and each of these Terms and Conditions, as well as any other specific terms that may, where applicable, govern the use of the Website or services linked to it.

Zinamic may modify these Terms and Conditions as well as the Website at any time without prior notice, so it is recommended to review these Terms and Conditions regularly.

If you do not accept the access and use conditions, we request that you refrain from using the Website and its contents.

2. GENERAL DESCRIPTION OF SERVICES

Elastic Rates is a platform for integration and distribution of tourism products (accommodations, activities, insurance) (hereinafter, "Zinamic Services") offered to Users, such as hotels and travel agencies, through the Website.

When contracting Zinamic Services, the User may choose among the different Pricing Plans available on the Website. The different Pricing Plan modalities are not limited and can be configured according to the specific needs of the User. For this purpose, the User may contact Zinamic through Contact.

As a provider of the tourism product integration and distribution tool, Zinamic does not deliver, provide, control, offer, or own any service offered by the corresponding Service Provider through Zinamic's tool (hereinafter, the "Service Provider" and/or the "Service Providers"). When the User contracts a Service and the Service Provider confirms this Service, the parties enter into an agreement between themselves, and Zinamic is not considered a party to this agreement (hereinafter, the "Agreement").

Likewise, Zinamic is not a party to any contractual relationship between the Service Provider and the User.

3. INTELLECTUAL AND INDUSTRIAL PROPERTY

All contents of the Website, understood as, by way of example but not limited to, texts, photographs, graphics, colors, images, icons, technology, software, links, and other audiovisual or sound contents, as well as their graphic design and source codes (hereinafter, the "Contents" and/or the "Content"), are the intellectual property of Zinamic or third parties and are protected by applicable regulations.

The use of the Website by the User does not imply the assignment of any right recognized by current regulations on intellectual or industrial property.

The User is strictly prohibited from reproducing, copying, distributing, making available, or otherwise publicly communicating, transforming, or modifying the Contents or distinctive signs, unless authorized by the holder of the corresponding rights or legally permitted.

The Website is a domain registered by Zinamic, and it cannot be used, except with express prior authorization, in connection with other products or services not belonging to Zinamic in any way that might cause confusion among our clients or discredit to Zinamic.

The User undertakes to use the Contents diligently, correctly, and lawfully, and, in particular, commits to refrain from removing, circumventing, or manipulating the "copyright" and other identifying data of Zinamic's rights or those of its owners incorporated into the Contents, as well as technical protection devices or any information mechanisms that may be included in the Contents.

4. USE OF THE WEBSITE

The User declares that they are of legal age.

The User shall be responsible for keeping their passwords for accessing the account created on the Website secret, as well as their login and account data, which they can manage through the admin dashboard/control panel. Likewise, the User shall be responsible for all use made of the Website and any of Elastic Rates' services, by anyone who uses their password and login information (with or without their permission) and anyone they have allowed access to their admin dashboard/control panel. All information that the User submits to Zinamic must be accurate and up-to-date. If any information changes, the User undertakes to update it immediately. If the User has any reason to believe that their account is no longer secure (e.g., loss, theft, or unauthorized access to their information, computer, or mobile device used to access the Website), they must immediately change the information in question.

The User undertakes to use the Website, within the scope for which this Website is intended, in good faith and in accordance with the Law and applicable regulations, being solely responsible in case of non-compliance.

The use of the Website for purposes that are harmful to the assets or interests of Zinamic or third parties, or that, in any other way, overload, damage, or disable the networks, servers, and other computer equipment (hardware) or computer products and applications (software) of Zinamic or third parties, is expressly prohibited.

In case of non-compliance with these Terms and Conditions and/or the Privacy and Cookie Policies, Zinamic reserves the right, at its sole discretion, to take any appropriate measure to protect its legitimate interests including, among others, limitation, suspension and/or exclusion of access to the Website, termination of contracts, reporting any improper conduct carried out through the Website to the competent authorities.

Zinamic will make efforts to maintain the Website in good working order, avoiding errors, or repairing them and keeping the contents updated. However, it may not always be possible to achieve this result. Therefore, Zinamic does not guarantee the availability and continuity of access to the Website or the absence of errors in the Content.

Additionally, the User agrees not to perform any of the following actions:
• use any automated system or software to extract data from the Website;
• use any device, software, or routine that interferes or attempts to interfere with the normal operation of the Website or perform any action that imposes an excessive burden on our equipment or network environment;
• reproduce, duplicate, copy, sell, market, resell, or profit from the Website;
• use any functionality or feature of the Website for any purpose that is illegal, inappropriate, harmful, questionable, or inappropriate as we may consider;
• publish or distribute any material on our Website that does not respect the rights of any third party or applicable law;
• use the Website to collect or store information about third parties;
• use the Website for commercial purposes, unless Zinamic has granted written authorization;
• transmit any advertisement or promotional material on the Website.

5. LIMITATION OF LIABILITY

The User is solely responsible for the use that may be made of any information, mechanism, or service on the Website.

Zinamic shall not be liable for any damage to the User's hardware and/or software resulting from access to and use of the Website. Likewise, it shall not be liable for these damages and/or losses that may be caused by access to and/or use of the information on the Website, and specifically those that may occur in web servers, applications, computer systems, or those caused by viruses and/or computer attacks, outages, interruptions in the availability of the Website, absence or defect in communications and/or the Internet.

Zinamic disclaims any responsibility regarding any information not published in an authorized manner under its name or not prepared by it. It will also not be responsible for any liability arising from misuse of the Website's contents by third parties. Likewise, Zinamic reserves the right to update, delete, limit, and/or block temporarily or permanently any content.

Given the nature of the Internet, based on the concept of hyperlink, it is possible that this Website includes links to other websites, unrelated to Zinamic, which allow the User to access. Zinamic disclaims any responsibility related to the access and use of the links to other sites provided on the Website, or their content.

The User shall be liable for damages and/or losses that Zinamic may suffer as a result of the breach of any obligations to which they are subject through these Terms and Conditions, the applicable regulations, and the Privacy and Cookie Policy.

To the extent permitted by law, the User shall defend, indemnify, and hold harmless Zinamic, each of its officers, directors, employees, affiliated companies, and agents for expenses, losses, or other costs, including without limitation, legal and accounting expenses that may arise from, or are in any way connected with their breach of these Terms and Conditions, the use or access to the Website, or intellectual property.

Zinamic shall not be liable to the User for any loss or damage that the User may suffer as a direct or indirect consequence of a supply of products or provision of services that is prevented, hindered, delayed, or rendered inefficiently, due to force majeure, fortuitous event, or coercion, understood as any situation or exceptional and unforeseeable event beyond Zinamic's control that prevents fulfilling any of its obligations to the User, and which is unavoidable despite exercising due diligence, including but not limited to: strike, labor dispute, war (whether declared or not) or threat, invasion, riot, terrorist attack or threat, terrorist activities, civil disturbances, industrial disputes, natural disasters, adverse weather conditions, hurricane, earthquake, fire, flood, snow storm, explosion, storm, shipwreck, epidemic, pandemic or endemic, computer virus, inability to use telecommunications systems, sudden breakdown, transport accidents, etc.

Zinamic will not control or guarantee the quality, safety, or suitability of the services of any Service Provider, nor the accuracy, rating of the Service description, truthfulness, or accuracy of any other related information. Zinamic does not verify the Services registered by the Service Providers, including their quality and compliance. The ratings of the Service Providers, comments, or other related information, will not constitute a representation or guarantee from Zinamic regarding the quality or compliance of the service.

6. PERSONAL DATA PROTECTION

For information on the processing of personal data on the Website, please refer to the Privacy Policy.

7. APPLICABLE LEGISLATION

These Terms and Conditions shall be governed by and interpreted in accordance with Spanish legislation.

a. In the case of professionals and businesses

These Terms and Conditions are governed, to the extent permitted by applicable regulations, by Spanish law. Likewise, to the extent permitted by applicable regulations and international agreements, the parties agree to submit to the jurisdiction of the Courts and Tribunals of Boltaña (Huesca, Spain), for any matter relating to the interpretation, compliance, or execution of these Terms and Conditions, expressly waiving any jurisdiction that may correspond to them, provided that the applicable regulations do not establish a specific mandatory jurisdiction.

b. In the case of consumers

These Terms and Conditions are governed by Spanish law or, in the event that the User resides in a country other than Spain, by the law of the country of their domicile.

The courts of the consumer's domicile shall have jurisdiction to hear any litigation arising from these Terms and Conditions. In cases where the law does not mandatorily provide for the consumer's domicile to resolve conflicts regarding these conditions, the competent court shall be, at the consumer's choice, the court of their domicile or Zinamic's court, that is, the Courts and Tribunals of Boltaña.

8. PREVALENCE OF THE SPANISH VERSION

In the event that these Terms and Conditions are translated into other languages, when there is any discrepancy, the Spanish version shall prevail.

9. CONTACT US

If you have any questions about these Terms and Conditions or if you need to communicate with Zinamic for any reason, you may contact us at info@elasticrates.com.