Legal advice

The website https://www.xxxxxxxxxxxx.com (hereinafter, the “Website”) is owned by #companyname (hereinafter, the “OWNER”), with registered office at #address; and VAT number #VAT.

The OWNER welcomes you and invites you to carefully read the General Terms of Use of this Website (hereinafter, the “General Terms of Use”), which describe the terms and conditions that will apply to your navigation through it, in accordance with Spanish law. Since the OWNER may modify these General Terms of Use in the future, we recommend that you visit them periodically to stay informed of any changes made.

 

In order to ensure that the use of the Website complies with criteria of transparency, clarity, and simplicity, the OWNER informs the User that any suggestions, doubts, or queries regarding the General Terms of Use will be received and resolved by contacting the OWNER at the following postal address:

Business Name: #businessname

VAT Number: #vat

Address: #address

 1. Purpose

The OWNER provides the content and services available on the Website, subject to these General Terms of Use as well as the privacy policy (hereinafter, the “Privacy Policy”). Access to this Website or its use in any form qualifies you as a “User” and implies the unconditional acceptance of each and every one of these General Terms of Use. The OWNER reserves the right to modify them at any time. Consequently, it is the responsibility of every User to carefully read the current General Terms of Use each time they access this Website. If the User does not agree with any of the provisions herein, they must refrain from using this Website.

 

Furthermore, it is noted that specific conditions may occasionally be established for the use of specific content and/or services on the Website, and the use of such content or services will imply acceptance of the specific conditions specified therein.

2. Services

Through the Website, the OWNER offers Users the possibility to access: Information about the OWNER and its group companies, their contact details, their products and services, their location – A contact section for making inquiries by providing personal data – Links to access social networks (hereinafter, the “Services“).

3. Privacy and Data Processing

The OWNER processes your personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. You can consult information about the processing of your personal data, as provided in Article 13, Section 2 of the aforementioned regulation.

4. Industrial and Intellectual Property
The User acknowledges and agrees that all content displayed on the Website, especially 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 and industrial property rights. All trademarks, trade names, or distinctive signs, as well as all industrial and intellectual property rights over the content and/or any other elements inserted on the page, are the exclusive property of the OWNER and/or third parties who have the exclusive right to use them.

Therefore, the User undertakes not to reproduce, copy, distribute, make available to the public, transform, or modify such content, holding the OWNER harmless from any claim arising from the breach of these obligations. In no case does access to the Website imply any waiver, transfer, license, or assignment, either in whole or in part, of these rights. These General Terms of Use of the Website do not grant Users any other right to use, alter, exploit, reproduce, distribute, or publicly communicate the Website and/or its content. Any use or exploitation of any rights shall be subject to prior express authorization specifically granted for that purpose by the OWNER or the third party holding the affected rights.

The content, texts, photographs, designs, logos, images, computer programs, source code, and, in general, any intellectual creation existing on this site, as well as the site as a whole, as a multimedia artistic work, are protected by copyright legislation on intellectual property. The OWNER holds the rights to the elements that make up the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content of the Website, or in any case, has the corresponding authorization for the use of such elements. The content provided on the Website may not be reproduced in whole or in part, transmitted, or recorded by any information retrieval system, in any form or by any means, unless prior written authorization is obtained.

Likewise, it is prohibited to delete, bypass, and/or manipulate the copyright notices, as well as technical protection devices or any information mechanisms that may be included in the content. The User of this Website undertakes to respect the rights mentioned and to avoid any actions that could harm them, with the OWNER reserving the right to exercise all means or legal actions available to defend its legitimate intellectual and industrial property rights.

5. Obligations and Responsibilities of the Website User

The User agrees to:

  1. Make appropriate and lawful use of the Website, as well as its content and services, in accordance with: (i) the applicable legislation at any given time; (ii) the General Terms of Use of the Website; (iii) generally accepted morals and good customs; and (iv) public order.

  2. Provide themselves with all the necessary technical means and requirements to access the Website.

  3. Provide truthful information when completing personal data forms on the Website, and keep this information updated at all times so that it accurately reflects the User’s current situation. The User shall be solely responsible for any false or inaccurate statements made and for any damages caused to the OWNER or third parties due to the information provided.

However, as established in the previous section, the User must also refrain from:

  1. Unauthorized or fraudulent use of the Website and/or its contents for illicit purposes prohibited by these General Terms of Use, detrimental to the rights and interests of third parties, or in any way capable of causing damage, disabling, overburdening, deteriorating, or hindering the normal use of services or documents, files, and any type of content stored on any computer equipment.
  2. Attempting to access or accessing restricted resources or areas of the Website without meeting the required conditions for such access.
  3. Causing damage to the physical or logical systems of the Website, its providers, or third parties.
  4. Introducing or spreading computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the OWNER, its providers, or third parties.
  5. Attempting to access, use, and/or manipulate data belonging to the OWNER, third-party providers, or other Users.
  6. Reproducing or copying, distributing, allowing public access through any means of public communication, transforming, or modifying the contents, unless authorized by the owner of the corresponding rights or permitted by law.
  7. Removing, hiding, or manipulating intellectual or industrial property rights notices and other identification data of the OWNER or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may be inserted into the contents.
  8. Obtaining or attempting to obtain the contents using means or procedures other than those made available for this purpose or expressly indicated on the web pages where the contents are found, or generally used on the Internet, provided they do not pose a risk of damage or disablement to the website and/or its contents.
  9. In particular, and in a purely indicative and non-exhaustive manner, the User agrees not to transmit, disseminate, or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and in general any type of material that:
    1. In any way contradicts, belittles, or violates fundamental rights and freedoms recognized constitutionally, in international treaties, and in other applicable legislation.

    2. Induces, incites, or promotes illegal, denigrating, defamatory, violent acts, or, in general, acts contrary to law, morals, generally accepted good customs, or public order.

    3. Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or condition.

    4. Includes, provides access to, or allows access to criminal, violent, offensive, harmful, degrading products, elements, messages, and/or services, or, in general, contrary to law, morals, generally accepted good customs, or public order.

    5. Induces or may induce an unacceptable state of anxiety or fear.

    6. Induces or incites involvement in dangerous, risky, or harmful practices for health and mental balance.

  10. Is protected by intellectual or industrial property legislation belonging to the OWNER or third parties without the authorized use intended.

  11. Is contrary to honor, personal and family privacy, or the image of individuals.

  12. Constitutes any type of advertising.

  13. Includes any type of virus or program that may hinder the normal functioning of the Website.

If a password is provided to access certain services and/or content on the Website, you are obligated to use it diligently, keeping it confidential at all times. Therefore, you are responsible for its proper custody and confidentiality, committing not to transfer it to third parties, temporarily or permanently, nor to allow access to said services and/or content by unauthorized persons. Similarly, you are obligated to notify the OWNER of any event that may imply misuse of your password, such as, for example, theft, loss, or unauthorized access, in order to proceed with its immediate cancellation.

Therefore, until such notification is made, the OWNER shall be exempt from any liability arising from the improper use of your password. It is your responsibility for any illicit use of the Website’s content and/or services by any unauthorized third party.

If negligently or intentionally fails to comply with any of the obligations established in these General Terms of Use, you will be liable for all damages and losses that may arise from such non-compliance for the OWNER and/or third parties.

6. Responsibilities

The OWNER does not guarantee continuous access, nor the correct viewing, downloading, or use of the elements and information contained on the pages of the Website, which may be prevented, hindered, or interrupted by factors or circumstances beyond its control.

The OWNER is not responsible for decisions that may be made as a result of accessing the offered content or information.

The OWNER agrees not to allow any transaction that is illegal, or is considered by credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or negatively influence them. The following activities are prohibited under the card brand programs: the sale or offer of a product or service that is not in full compliance with all applicable laws to the Buyer, Issuing Bank, Merchant, Cardholder, or cards. Additionally, the following activities are also explicitly prohibited: “Sale of alcoholic beverages to minors under 18 years of age.”

The OWNER 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 contravenes these General Terms of Use. The OWNER is not responsible for damages, losses, claims, expenses, or liabilities arising from the use of the Website. It will only be responsible for removing, as soon as possible, the contents that may cause such harm, provided that notice is given. In particular, it shall not be liable for damages resulting from, among others:
  1. Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blocks, or disconnections in the operation of the electronic system, caused by deficiencies, overloads, and errors in telecommunication lines and networks, or any other cause beyond the OWNER’s control.

  2. Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.

  3. Improper or inadequate use of the Website.

  4. Security or navigation errors caused by browser malfunction or the use of outdated versions thereof. The OWNER’s administrators reserve the right to partially or completely remove any content or information present on the Website.

The OWNER excludes any liability for damages of any kind that may be due to the misuse of the freely available services by Users of the Website. Likewise, the OWNER is exempt from any responsibility for the content and information that may be received as a result of data collection forms, which are solely intended for providing consultation and inquiry services. Furthermore, in the event that damages are caused due to unlawful or incorrect use of such services, the User may be liable to the OWNER for the damages caused.

The User shall defend, indemnify, and hold harmless the OWNER against any damages and losses arising from claims, actions, or demands by third parties as a result of their access or use of the Website. Additionally, you agree to indemnify the OWNER against any damages and losses arising from your use of “robots,” “spiders,” “crawlers,” or similar tools employed to gather or extract data or from any other action on your part that imposes an unreasonable burden on the functioning of the Website.

7. Hyperlinks

The User agrees not to reproduce in any way, not even through a hyperlink or hyperlink, the PROPIETARIA’s Website, as well as any of its contents, without the express written authorization of the PROPIETARIA.

El Sitio Web de la PROPIETARIA incluye enlaces a otros sitios web gestionados por terceros, con objeto de facilitar el acceso del Usuario a la información de Propietarias colaboradoras y/o patrocinadoras. Conforme con ello, la PROPIETARIA no se responsabiliza del contenido de dichos sitios web, ni se sitúa en una posición de garante ni/o de parte ofertante de los servicios y/o información que se puedan ofrecer a terceros a través de los enlaces de terceros. 

The User is granted a limited, revocable, and non-exclusive right to create links to the main page of the Website solely for private and non-commercial use. Websites that include a link to the Website (i) may not imply that the OWNER endorses that website or its services or products; (ii) may not misrepresent their relationship with the OWNER, nor state or imply that the OWNER has authorized such link, nor include any trademarks, trade names, logos, or other distinctive signs of the OWNER; (iii) may not include content that could be considered distasteful, 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 website or within one of its frames or create a browser or border environment around any of the pages of the Website.

The OWNER may request, at any time, the removal of any link to the Website, after which you must promptly remove it. The OWNER cannot control the information, content, products, or services provided by other websites that have links to the Website.

 

Therefore, the OWNER assumes no responsibility for any aspect related to such websites.

8. Cookies

You can consult the cookie information by accessing this LINK: http://politicadecookies.com/

9. Duration and Termination

The provision of the service of this Website and other services are, in principle, of indefinite duration. However, the OWNER may terminate or suspend any of the services of the Website. Where possible, the OWNER will announce the termination or suspension of the specific service provision.

10. Representations and Warranties

In general, the content and services offered on the Website are purely informational. Therefore, by providing them, the OWNER makes no warranty or representation regarding the content and services offered on the Website, including, but not limited to, warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.

11. Force Majeure
 

The OWNER shall not be liable in the event of impossibility to render service, if this is due to prolonged interruptions of electrical 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.

12. Dispute Resolution. Applicable Law and Jurisdiction

The present General Terms of Use, as well as the use of the Website, shall be governed by Spanish common law. Any dispute shall be resolved before the courts of Madrid capital.

 

In the event that any provision of these General Terms of Use becomes unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or voidness shall not render these General Terms of Use unenforceable or void in their entirety. In such cases, the OWNER will proceed to modify or replace such provision with another that is valid and enforceable and that, as far as possible, achieves the objective and intention reflected in the original provision.