Centro de Estudios Garrigues
LEGAL TERMS AND CONDITIONS
1.LEGAL INFORMATION AND ACCEPTANCE
These provisions regulate the use of the Internet portal service (the "Portal") which Centro Europeo de Estudios y Formación Empresarial Garrigues, S.L.P. (the "Center") makes available to Internet users.
The Center, with registered office at Calle Hermosilla 3, 28001 Madrid, Spain, and employer identification number B 81011470, is registered at the Madrid Commercial Registry in volume 8,950, sheet 85, page number M-144, 042, entry number 1. Telephone: 91 5145330. Fax: 915145340. Email: [email protected]
Access to the website is free of charge, except for the cost of connection to the telecommunications network charged by the user’s Internet service provider. Some services are exclusive to our clients and access to them is restricted. The training services provided by the Center generally have the price indicated for each course and are not offered or provided through the Portal service under any circumstances.
Use of the Portal confers the status of user of the Portal ("User") and implies the acceptance of all the conditions included in this Legal Notice. The portal service is provided for a period that is limited to the time during which the User is connected to the Portal or to any of the services provided through the Portal. The User must therefore read this Legal Notice carefully each time they intend to use the Portal, since the Portal and the conditions for its use contained in this Legal Notice may change.
Some Portal services accessible to Intenet users or exclusive to the Center's clients may be subject to specific conditions, regulations or instructions that may supersede, supplement and/or amend this Legal Notice and must be accepted by the User prior to the provision of the relevant service.
2.INTELLECTUAL AND INDUSTRIAL PROPERTY
All Portal content, which is understood to include, without limitation, text, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio content, as well as its graphic design and source code (the “Content”), is the intellectual property of the Center or of third parties, and no Content exploitation rights recognized by the intellectual property legislation in force may be deemed to have been licensed to the User, save for the Content strictly necessary for the use of the Portal.
The trademarks, trade names or distinctive signs are the property of the Center or of third parties, and access to the Portal cannot be deemed to attribute any right to such trademarks, trade names and/or distinctive signs.
3.CONDITIONS FOR USE OF THE PORTAL
The User agrees to use the Portal correctly in conformity with the law and with this Legal Notice. The User will be liable to the Center or to third parties for any loss or damage that may be caused as a result of a breach of this obligation.
Use of the Portal for purposes that damage the property or interests of the Center or of third parties, or otherwise overload, damage or disable networks, servers and other hardware or software belonging to the Center or to third parties, is expressly prohibited.
The User undertakes to use the Content in conformity with the law and with this Legal Notice, and with any other conditions, regulations or instructions that may be applicable in conformity with the provision of Clause 1. The User must, in accordance with the legislation in force and without limitation, refrain form:
a) Reproducing, copying, distributing, making available, publicly disclosing, altering or modifying the Content, except in cases authorized by law or, as the case may be, expressly consented to by the Center or by the holder of the exploitation rights.
b) Reproducing or copying for private use any Content that may be regarded as software or as a database in conformity with the intellectual property legislation in force, or publicly disclosing Content or making it available to third parties, where such acts necessarily imply reproduction by the User or by a third party.
c) Extracting and/or reusing all or a substantial part of the Content on the Portal, or of any databases that the Center may make available to the User..
3.3 DATA COLLECTION FORMS
Without prejudice to the provisions of Clause 5 of this Legal Notice and of the privacy policies accessible from the Portal and applicable from time to time, the use of certain services or requests made to the Center are subject to prior completion of the relevant User record.
All information supplied by the User on Portal forms for the above or any other purposes must be true. For these purposes, the User warrants the authenticity of all data disclosed by it and will keep the information supplied to the Center fully updated so that it reflects the User’s actual status at all times. In all cases, the User will be solely liable for any false or inaccurate representations it may make and for any damage caused to the Center or to third parties by reason of the information supplied by the User.
3.4 INSERTION OF LINKS TO THE PORTAL
Any Internet user wishing to insert links form their own website to the Portal must comply with the conditions detailed below, and ignorance of such conditions will not preclude any liability deriving from the law:
a) The link will only be to the Portal home page and may not reproduce it in any way (inline links, copying of text, graphics, etc.).
b) In accordance with the applicable legislation in force from time to time, it is forbidden in all cases, to insert frames of any kind around the Portal, or permit the Content to be viewed through URLs other than the Portal URL and, in any case, where the Content can be viewed together with content outside the Portal, in a way that: (I) causes or may cause error, confusion or mislead users as to the true origin of the service or Content; (II) constitutes an act of comparison or imitation; (III) serves to take advantage of the reputation of the Center’s brand and prestige; or (IV) is otherwise prohibited by the legislation in force.
c) No false, inaccurate or incorrect representation whatsoever of the Center, its partners, employees or clients, or of the quality of the services that it provides, may be made on the page containing the link.
d) Under no circumstances will it be stated on the website hosting the link that the Center has consented to the insertion of the link, or otherwise sponsors, collaborates with, verifies or supervises the services of the referrer.
e) It is forbidden to use any word mark, figurative mark or combined mark or any other distinctive sign of the Center on the referrer website, except in cases permitted by law or expressly authorized by the Center, provided that a direct link to the Portal is permitted in such cases in the manner established in this Clause.
f) The referrer website must faithfully comply with the law and may not, under any circumstances, have or link to proprietary or third-party content that: (I) is unlawful, noxious, immoral or indecent (content that is pornographic, violent, racist, etc.); (II) leads or may lead the User to falsely believe that the Center subscribes to, endorses, adheres to, or in any way supports the ideas, statements or expressions, lawful or unlawful, of the referrer; (III) is inappropriate or irrelevant to the activities of the Center having regard to the place, content and theme of the referrer website.
4.DISCLAIMER OF LIABILITY
4.1 WITH RESPECT TO INFORMATION
Access to the Portal does not imply any obligation on the Center to verify the truthfulness, accuracy, appropriateness, suitability, exhaustiveness or current nature of the information supplied through the Portal. The content of this website is general in nature and does not in any way constitute the provision of training or any tax or legal advice of any kind, meaning that such information is insufficient for the User to make personal or business decisions.
The Center is not liable for any decisions made on the basis of the information supplied on the Portal, or for any damage or loss to the User or to third parties by reason of actions taken that were solely based on information obtained on the Portal.
4.2 WITH RESPECT TO SERVICE QUALITY
Access to the Portal does not imply any obligation on the Center to control the absence of viruses, worms or any other malicious software. The User is responsible in all cases for having adequate tools to detect and remove malicious software.
The Center is not liable for any damage caused to the User or third-party hardware during the provision of the Portal service.
4.3 WITH RESPECT TO SERVICE AVAILABILITY
Access to the Portal requires third-party services and supplies, including transmission through telecommunications networks, the reliability, quality, continuity and functioning of which are not the responsibility of the Center. Accordingly, the services provided through the Portal may be suspended, cancelled or inaccessible, prior or simultaneous to the provision of the Portal service.
The Center is not liable for loss or damage of any kind to the User as a result of telecommunications network failures or disconnections that cause the suspension, cancellation or interruption of the Portal service before or while it is being provided.
4.4 WITH RESPECT TO CONTENT AND SERVICES LINKED THROUGH THE PORTAL
The Portal access service includes technical linking devices, directories and even search tools that enable the User to access other websites and Internet portals (“Linked Sites”). In such cases, the Center acts as an intermediary service provider in conformity with article 17 of Information Society Services and Electronic Commerce Law 34/2002, of July 12, 2002 (the “LSSI”) and will only be liable for the content and services supplied on Linked Sites to the extent that it is actually aware of their unlawfulness and has not disabled the link with due care. If the User considers that there is a Linked Site with unlawful or inappropriate content, the User may communicate this to the Center in accordance with the procedure and effects established in Clause 6, although such communication will not, under any circumstances, entail any obligation to remove the link in question.
Under no circumstances shall the existence of Linked Sites presuppose the existence of agreements with the owners or persons in charge of them, or any recommendation or promotion by the Center of, or identification of the Center with, the representations, content or services provided.
The Center is not aware of the content or services of Linked Sites and, therefore, is not liable for any damage caused by the unlawfulness, quality, obsoleteness, unavailability, error or ineffectuality of the content and/or services of Linked Sites, or for any other damage that is not directly attributable to the Center
5. PERSONAL DATA PROTECTION
5.1 PROCESSING OF PERSONAL DATA
Pursuant to the provisions of Personal Data Protection Organic Law 15/1999, of December 13, 1999 (“LOPD”), we inform you that any personal data and information you provide on completing any electronic form available on the Portal (“Data”) shall be included on a personal data filing system owned by the Center. The purpose of the Data processing is to process your request. The questions included on each of the forms are voluntary in nature, save for those marked with an asterisk (*), which are mandatory. If mandatory questions are not answered, the Center reserves the right not to process incomplete applications.
5.2 DISCLOSURE OF DATA TO THIRD PARTIES
In order to handle your request for information, the Center may need to disclose your Data to the other companies in the Garrigues Group. The Garrigues Group companies are listed on the following website and may be consulted at any time: http://www.garrigues.com/doc/privados/organigrama.pdf . The Garrigues Group companies provide the following services: (i) tax and legal advice; (ii) business consulting; (iii) study, research, training and dissemination of matters of professional, university and business interest; (iv) administrative management, and (v) charitable activities. The Garrigues Group companies are located in Spain and abroad, both within and outside the European Union, in countries that may offer a level of protection that is not comparable to the one in place in Spain.
5.3 COMMERCIAL COMMUNICATIONS
Some of the electronic forms may request your express consent in order to be able to send you commercial communications by any means, including e-mail or equivalent means of electronic communication, pursuant to the provisions of article 21 LSSI.
5.4 SECURITY MEASURES
The Center adopts the security measures required by Royal Decree 1720/2007, of December 21, 2007, approving the LOPD implementing regulations, in line with the nature of the data processed from time to time. This notwithstanding, the technical security of a medium such as the Internet is not impregnable and there may be willful misconduct on the part of third parties, although the Center has put in place all measures within its power to prevent such misconduct.
5.5. COOKIES POLICY
In compliance with the provisions of article 22.2 LSSI, the Center shall only use data storage and recovery devices (“Cookies”) where the User has granted its prior consent in such connection in line with what is indicated in the pop-up window on the User’s web browser when the User accesses the Portal for the first time and in the other terms and conditions indicated in the Center’s Cookies Policy, which all Users should be familiar with.
5.6. ARCO RIGHTS
Users may exercise their rights of Access, Rectigication, Cancelation and Objection ("ARCO Rights") on the terms provided by law by writing to the Center (at Paseo de Recoletos 35, 28004 Madrid), or by sending an e-mail to the following address: [email protected], in both cases indicating their name and surname(s) and attaching a copy of their identity document.
6. COMMUNICATION OF UNLAWFUL OR INAPPROPIATE ACTIVITIES
If the User or any other Internet user becomes aware that Linked Sites redirect them to websites the content or services of which are unlawful, noxious, degrading, violent or immoral, they may contact the Center, indicating the following:
a) the personal data of the communicating party: name, address, telephone number and e-mail address;
b) a description of the facts that reveal the unlawful or inappropiate nature of the Linked Site;
c) where rights such as intellectual or industrial property rights are infringed, the personal data of the holder of the infringed right, where the holder is not the communicating party. They must also produce an instrument that substantiates the standing of the holder of the rights and, as the case may be, their authority to act on behalf of the holder where the holder is not the communicating party;
d) an express representation that the information contained in the communication is accurate. They must also produce an instrument that substantiates the standing of the holder of the rights and, as the case may be, their authority to act on behalf of the holder where the holder is not the communicating party. Receipt by the Center of the communication provided for in this Clause will not imply, pursuant to the provisions of the LSSI, actual knowledge of the activities and/or content indicated by the communicating party.
Each and every provision of this Legal Notice is governed by Spanish law.