1.- Website Ownership
In accordance with the provisions of article 10 of Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce (henceforward “LSSI”), we inform you that the website https://barcelona.avanzagrupo.com/ (henceforward “Website”) is operated by Avanza Spain, S.L.U. (henceforward “Company”), with C.I.F. (Tax ID) B-64405731, registered in the Mercantile Registry of Madrid, Volume 34703, Book 70, Sheet M-426267, whose registered office is located in Calle San Norberto 48, 28021 Madrid.
2.- Use of the Website
Accessing the Website is free, with the exception of the cost of connection via the telecommunications network provided by the access supplier contracted by the User.
The Company reserves the right to make, without any requirement of prior notice, modifications and updates to the Website and its content, configuration and presentation, including this Legal Notice, therefore we recommend that you read it before you access and browse the Website each time. The Company will place these terms and conditions in a visible place, freely accessible for as many consultations as required.
The User undertakes not to use the Website for fraudulent purposes, nor engage in any behaviour that may harm the image, interests and rights of the Company or third parties, being bound to use the Website, the services and content included in it diligently, correctly and lawfully. In particular, the User undertakes to refrain from: deleting, circumventing or tampering with the copyright and other data identifying the rights of its owners incorporated into the Website content, and also the technical protection mechanisms, or any information mechanisms, that may be included in this content. The User also undertakes not to carry out any act whose purpose is to harm, render useless or overload the Website or that would prevent, in any way, its normal use and operation.
As a consequence of the above, the User is the sole person accountable to the Company and third parties for:
Any consequences that may be the result of the use, for illegal purposes or effects or contrary to the dispositions set out in this document, of any Website content created by the Company or any third party.
Any consequences that may result from the use contrary to the content of this document and harmful to the interests or rights of third parties, or that in any way may harm, render useless or disrupt the Website or its services or prevent the normal use or enjoyment of it by other Users.
In the event of breaching this Legal Notice, or if the Company reasonably suspects that you are breaching this Notice, the Company reserves the right to limit, suspend or terminate your access to the Website, adopting any technical means necessary for this purpose. The Company also reserves the right to decide, at any time, about the continuity of the services it provides via the Website.
3.- Intellectual and Industrial Property
The intellectual property rights over the layout of the Website content (including sui generis database rights), its graphic design (look & feel), distinctive signs (trademarks and trade names), the underlying computer programmes (including source codes), as well as all the different elements that comprise the Website (texts, graphics, photos, videos, etc.) belong to the Company or, where applicable, the Company has the right to their use and, to that effect, they constitute works protected by current intellectual and industrial property laws in force.
The use of the Website by the User does not in any way imply the transfer of any intellectual and/or property rights over the Company Website, its content and/or distinctive signs. In respect thereof, through this Legal Notice, apart from in cases where it is legally permitted, the User is expressly prohibited from reproducing, transforming, distributing, publicly disclosing, making available, extracting and/or reusing the Company Website, its content and/or distinctive signs, whether partially or in their entirety.
The reproduction of Website elements or content for profit or commercial gain is expressly and strictly prohibited. Likewise, copying, reproducing, adapting, modifying, distributing, commercially exploiting, publicly disclosing and/or any other action that represents a breach of current Spanish and/or international laws on intellectual and/or industrial property are strictly prohibited, as well as the use of the Website content without prior, express and written authorisation from the Company.
4.- Legal Disclaimer
The Company applies, in accordance with personal data protection legislation and other applicable provisions, the appropriate technical and organisational measures to guarantee an adequate level of security.
With regard to this, the Company administers its server environment correctly, having a strictly-compliant firewall structure and constantly uses the latest technologies to ensure that the confidentiality and privacy of the information is not compromised.
The User acknowledges and accepts that the use of the Website is at all times at their own risk and under their own responsibility, therefore the Company accepts no responsibility for the misuse or improper use that may be made of it. To this effect, the Company shall solely be liable for any damages the User may suffer through the use of the Website when said damages are due to the Company’s wilful misconduct.
In particular, by way of example but not limited to that set out below, the Company will not be liable for:
The content of websites linked via hyperlinks that appear on the Company Website. In regard to this, the terms that appear in Section 5 of this Legal Notice will apply.
Harm or damages of any type caused to the User’s computer equipment by viruses, worms, Trojans or any other type of malware. The User acknowledges that the use of the Internet network carries the risk that their computer equipment may be affected by the elements mentioned above. In respect thereof, it is the responsibility of the User to have the appropriate tools available for the detection and elimination of harmful computer programs at all times.
Damage of any type caused to the User by outages or telecommunications network disconnections that result in the suspension, cancellation or interruption of the Website service during or prior to the provision of the same. In this regard, the User acknowledges that access to the Website requires services supplied by third parties beyond the control of the Company (e.g., telecommunications networks, service providers, etc.) whose reliability, quality, continuity and operation does not correspond to the Company.
Any use that the User may make of the materials on this Website, whether they be prohibited or permitted, in breach of the intellectual and/or industrial property rights of the Website content or of third parties.
Any acts or omissions by third parties, regardless of whether these third parties are contractually bound to the Company.
Under no circumstances will the Company be liable for:
Errors or delays in the access to the Website by the User when entering their details on the order form, the slowness or impossibility for the addressee to receive the order confirmation or any anomaly that may arise when these incidents are due to problems in the telecommunications networks, due to fortuitous circumstances or force majeure or any other unforeseeable contingency beyond the good faith of the Company.
Errors or damages caused to the Website by an inefficient use or misuse of the service by the User.
At all events, the Company undertakes to resolve all problems that may arise and to offer all the necessary support to the User to reach a rapid and satisfactory solution to the incident.
The Website includes technical linking mechanisms (hyperlinks) that allow the User to access other pages and portals on the Internet (henceforward “Linked Sites”). In these cases, the Company acts solely as an intermediary service provider in accordance with article 17 of the LSSI and may only be held liable for the content and services provided on the Linked Sites when the Company is effectively aware of the unlawful nature of the site and has not disabled the link with due diligence. Should the User consider there to be a Linked Site with unlawful or improper content, we ask you to contact the Company via firstname.lastname@example.org. Under no circumstances, however, will this notification create any obligation to remove the corresponding link.
The existence of Linked Sites in no way implies that the Company has effective or any other type of knowledge of their services and content in the case of unlawfulness, nor that it necessarily has any agreements with those responsible for or owners of the Linked Sites. Nor does the existence of said links imply any recommendation, promotion, identification or conformity of the Company with the statements, content or services provided through these Linked Sites. Consequently, the Company accepts no responsibility for the content of the Linked Sites, nor for their terms and conditions of use and privacy policies, the User being solely responsible for checking and accepting these each time they access and use them.
The User and, in general, any natural or legal person who wishes to establish a link from their page or website to the Website must obtain prior, written authorisation from the Company. Establishing a link does not in any way imply the existence of a relationship between the Company and the owner of the website where the link is established, nor the acceptance or approval by the Company of its content or services.
Establishing any link from a third-party page or website to any of the pages on the Website will be subject to the following conditions:
No total or partial reproduction of any of the services contained on the Website is permitted.
No false, inaccurate or incorrect statements may be included on the Website pages and its services.
Under no circumstances will the Company be responsible for the content, information, statements, opinions or services made available to the public on the page from where a link to the Website is established.
Any link will be made to the Website’s homepage.
At all events, the Company reserves the right to prohibit or disable links to the Website at any time, especially in cases of unlawful activity or content on the page or website where the link is included.
The use of the Website is governed by and construed in accordance with Spanish law and any dispute or litigation that arises between it and the Company will be dealt with by the competent courts as per applicable legislation.
Should any of the provisions contained in this Legal Notice be declared null and void, they will be removed or replaced. At all events, the declaration of nullity shall not affect the other provisions contained in this Legal Notice.