1. LEGAL INFORMATION ABOUT IBIDEM CONSULTING S.L.P.:
1.1. This website is the property of IBIDEM ABOGADOS ESTRATEGAS S.L.P. (hereinafter referred to as “IBIDEM”), a Spanish professional limited liability company that specialises in legal services , ith tax identification code B-54357488. Its registered office and contact details are Elche Parque Empresarial, C/ Juan de la Cierva, 43 – 2 – 1.1, P.O. Box 5010, 03203 Elche (Alicante) Spain, Tel. (+34) 966 675 573, Fax (+34) 966 660 003, e-mail: email@example.com. It is registered in Alicante Companies Registry in Section 8, Page 113535.
1.2 These provisions are binding and govern the use of the website (hereinafter referred to as the “website” or “webpage”), which IBIDEM makes available to internet users (hereinafter referred to as the “User” or “Users”). In any case, use of any of this website’s sections or services may be subject to specific terms and conditions of use. We ask that you please read them all carefully. The fact of accessing this website and using the materials it contains implies that you have read and unreservedly accept these conditions.
1.3 Accessing the webpage is free of charge except for the cost of connecting through the telecommunications network provided by the users’ access provider.
1.4 Certain services are exclusive to our customers and access to them is restricted.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY:
2.1. The entire contents of this website, whether text, images, sound, files, trade names and marks (word, combination, graphic or other marks), their structure and their design, the selection and form of presentation of the materials included in it, the expression of ideas and concepts, theoretical content, indexing and analysis methodologies, as well as the computer programs necessary for their operation, access and use, are protected by industrial and/or intellectual property rights held by IBIDEM or, as the case may be, their respective licensors, which the user of this website undertakes to respect.
2.2. In particular, and without limiting the foregoing, it is prohibited to reproduce, except for private use, process, distribute, publicly communicate, make available to the public and, generally speaking, carry out any other form of exploitation, through any procedure, of all or part of this website’s contents, as well as its design and selection and form of presentation of the materials included in it. These acts of exploitation may only be performed with express authorisation from IBIDEM and provided explicit reference is made to IBIDEM’s ownership of the aforementioned intellectual property rights.
2.3. It is also prohibited to decompile, disassemble, carry out reverse engineering, sublicense or transmit in any manner, translate or create derivative works from the computer programs necessary for the operation, access and use of this website and the services it contains, as well as to perform, with regard to all or part of such programmes, any of the acts of exploitation referred to in the previous paragraph. The user of the website shall refrain, in any case, from deleting, altering, evading or manipulating any protective devices or security systems that may be installed on it.
3. WEBSITE TERMS AND CONDITIONS OF USE:
3.1 General Terms and Conditions: the User undertakes to make correct use of the website in accordance with the law and the terms of this Legal Notice. The User shall be held liable by IBIDEM or third parties for any damages they may be caused as a consequence of breach of said obligation and, in particular, when the property or interests of IBIDEM or third parties are harmed or when, in any other manner, the networks, servers and other computer equipment (hardware) or computer applications and products (software) of IBIDEM or third parties are overloaded, damaged or rendered unusable.
3.2 Contents: the User undertakes to use the Contents in accordance with the law and this Legal Notice, as well as any other specific terms and conditions that may apply pursuant to that set forth in clauses 1 and 2.
3.3 Data collection forms: notwithstanding that set forth in clause 5 of this Legal Notice, as well as the privacy policies applicable at any time, the use of certain services or requests made to IBIDEM may be conditional upon previously filling out the relevant User registration. For that purpose, the User warrants the authenticity of all data he/she communicates and shall keep the information provided to IBIDEM perfectly up-to-date such that it is in accordance with the User’s actual situation at all times. The User alone will be responsible for any false or inaccurate statements made and the damages caused to IBIDEM or third parties by the information provided.
3.4 Making links to the website: any internet user who wishes to make links from their own webpages to the website must meet the conditions set out below:
– The link shall only link to the home page or main page of the website but may not reproduce it in any manner (inline links, copy of the text, graphics, etc.).
– Pursuant to the applicable legislation in force at any time, it shall be prohibited, in any case, to make frames of any kind that contain the website or allow the Contents to be viewed through internet addresses other than the website’s and, in any case, when they are viewed jointly with content from outside of the website such that: (I) it causes or may mislead, cause confusion or deceive users about the true provenance of the service or Contents; (II) it is an act of comparison, imitation or taking unfair advantage of IBIDEM’s effort; (III) it takes unfair advantage or damages the reputation of IBIDEM’s brand and prestige; or (IV) it is prohibited in any other manner by the legislation in force.
– The page from which the link is made shall not contain any false, inaccurate or incorrect statement about IBIDEM, its partners, employees, customers or the quality of the services it provides.
– Under no circumstances shall the page on which a link is located state that IBIDEM has granted its consent to insert the link or that it in any other manner sponsors, collaborates with, verifies or supervises the services of the person making the link.
– It is prohibited to use any distinctive sign (trade names or marks) owned by IBIDEM on the page of the person making the link except in the cases permitted by law or expressly authorised by IBIDEM provided, in such cases, a direct link with the website is enabled in the manner stipulated in this clause.
– The page the link is on must faithfully comply with the applicable legislation and, under no circumstances, may it display or link to its own or third-party contents that: (I) are contrary to public order, unlawful, harmful or immoral or against accepted principles of morality (pornographic, violent, racist, etc.); (II) mislead or may mislead the User into the false belief that IBIDEM subscribes to, backs, adheres to or in any other manner supports the ideas, statements or expressions, whether lawful or unlawful, of the person making the link; (III) are inappropriate or not pertinent to IBIDEM’s business in view of the location, contents and theme of the webpage of the person making the link.
4. EXCLUSION OF LIABILITY:
4.1 This website contains materials prepared by IBIDEM merely for informative purposes. The user must take into account that such materials may not reflect the most recent legislative or case-law situation regarding the questions analysed. Similarly, such materials may be modified, developed or updated without prior notice.
4.2 The materials this website contains may not be considered, under any circumstances, to be a substitute for legal or other advice. Access to those materials is not intended to constitute or imply any attorney-client relationship, or any other kind of confidential or professional relationship between IBIDEM and the user of this website. Therefore, the user must not act on the basis of the information it contains without first seeking appropriate professional advice. Similarly, the user must not send IBIDEM any kind of confidential information without having previously checked with one of our lawyers and having received authorisation therefrom to pass on said information.
4.3 The links this website contains may lead the user to other websites and webpages managed by third parties, which IBIDEM has no control over. IBIDEM is not liable for the contents or condition of said websites and webpages, and access to them through this website also does not imply that IBIDEM recommends or approves their contents.
4.4 Whoever uses this website does so on their own account and at their own risk. IBIDEM, its partners, collaborators, employees and representatives accept no liability for any errors or omissions in the contents of this website or other content accessed through it. IBIDEM, its partners, collaborators, employees and representatives also may not be considered liable for any damages arising from the use of this website, or any other action performed on the basis of the information provided in it.
4.5 Access to the website implies no obligation on IBIDEM to monitor the absence of viruses, worms or any other harmful computer software. In any case, the User must have adequate tools available to detect and disinfect harmful computer programs. IBIDEM accepts no liability for damages caused to the computer equipment of Users or third parties during performance of the website service.
4.6 Access to the website requires third-party services and supplies, including transmission through telecommunication networks, the reliability, quality, continuity and operation of which is not IBIDEM’s responsibility. Consequently, the services we provide through the website may be suspended, cancelled or become inaccessible during or prior to performance of the service itself. IBIDEM accepts no liability for damages of any kind caused to the User as a result of failures or disconnections in telecommunications networks that cause the suspension, cancellation or outage of the website service during or prior to provision of it.
4.7 The website access service includes technical linking devices, directories and even search tools that allow the User to access other web pages and portals (hereinafter referred to as “Linked Sites”). In these cases, IBIDEM acts as a service intermediation provider pursuant to article 17 of the Information Society Services and E-Commerce Act 34/20002 (Ley 34/2002, de 12 de julio, de Services de la Sociedad de la Información y el Comercio Electrónico – LSSI) and will only be liable for the content and services provided on the Linked Sites to the extent it is actually aware that they are unlawful and has not deactivated the link with due diligence. If the User considers there to be a Linked Site with unlawful or improper content, he/she may inform IBIDEM thereof through the procedure and with the effects stipulated in clause 6. Under no circumstances does such communication imply an obligation to remove the relevant link. Under no circumstances will the existence of Linked Sites presuppose the existence of agreements with those responsible for them or their owners, nor recommendation, promotion or identification of IBIDEM with the statements, contents or services provided. IBIDEM is not aware of the contents and services on Linked Sites and, therefore, accepts no liability for damages that may be caused by the unlawfulness, quality, lack of updating, unavailability, error and uselessness of the content and/or services on the Linked Sites or any other damage that is not directly attributable to IBIDEM.
5. PROTECTION OF PERSONAL DATA:
5.1 The data gathered through data collection forms on the website shall be included in an automated filing system containing personal data of which IBIDEM is the controller. IBIDEM shall process the data confidentially and solely for the purpose of managing the relationship with its clients and promoting the firm’s business. IBIDEM will also remove, delete and/or block any data that are inaccurate, incomplete or that are no longer necessary or pertinent for that purpose pursuant to that set forth in law.
5.2 By pressing the ‘send’ button on the relevant form, the User expressly consents to his/her data being able to be used to send commercial communications by e-mail or any other means. However, the User may object to the sending of said communications by marking the box provided for that purpose on each of the forms. Similarly, each of the commercial communications sent will expressly state the procedure provided to object to the sending of further commercial communications.
5.3 Fields marked with an asterisk on the data collection forms are compulsory so if the User does not provide the relevant data, IBIDEM may, at its sole discretion, deny the relevant service.
5.4. The User may revoke the consent provided and exercise the rights of access, rectification, erasure and objection by writing to the address stated in clause 1. IBIDEM puts in place the security levels required by Royal Decree 1720/2007 of 21 December, approving the regulations developing Spanish Act nº 15/1999 of 13 December on the Protection of Personal Data. In spite of the foregoing, the technical security of a medium such as the internet is not impregnable and may be broken through wilful misconduct by third parties.
6. COMMUNICATION OF UNLAWFUL AND INAPPROPRIATE ACTIVITIES:
6.1 If the User or any other internet user becomes aware that Linked Sites refer to pages whose contents or services are unlawful, harmful, degrading, violent or immoral they may contact IBIDEM, stating the following points:
– Personal details of the person reporting the matter: name, address, telephone number and e-mail address.
– Description of the facts showing that the Linked Site is unlawful or inappropriate.
– In the event of infringement of rights, such as intellectual and industrial property rights, you must report the personal details of the infringed right holder when it is a person other than the person reporting the matter. You must also state the title whereby the holder of the right has legal standing and, when applicable, the title whereby you are the representative authorised to act on behalf of the holder when it is a person other than the person reporting the matter, together with an express statement that the information contained in the complaint is accurate.
6.2 Pursuant to that set forth in the Spanish Law of Services of the Information Society (LSSI) nº 34/2002, receipt by IBIDEM of the communication referred to in this clause shall not imply actual knowledge of the activities and/or contents mentioned by the person reporting them.
7. SERVICE PROVISION:
In the event of services being provided to the User and, unless otherwise stated in writing, the General Terms and Conditions of Contract, which are also on the website, shall apply.
8. APPLICABLE LAW AND JURISDICTION:
The relationship between the User and IBIDEM is expressly subject to Spanish legislation. The User and IBIDEM voluntarily submit to the courts and tribunals of the city of Elche (Alicante), expressly waiving any other jurisdiction that may apply and notwithstanding the rules concerning the jurisdiction of courts, to hear any disagreements or claims that may arise concerning the construction or performance of the legal relationship between the User and IBIDEM arising from use of the website.