LEGAL NOTICE & TERMS AND CONDITIONS
Please read this document carefully before you continue browsing on this Website. It constitutes the Legal Notice and the Terms and Conditions (hereinafter, “Terms”) governing access to and navigation and use of the COLLABORABRANDS, S.A. Website located at the URL www.collaborabrands.com (hereinafter, the “Website”).
By accessing, browsing, or using this Website, you (the ”User”) acknowledge that you have read, understood, and agree to be bound by all the terms of this Legal Notice and Terms, having the same validity and enforceability as any contract entered into in writing and signed for this purpose.
Observance of and compliance with this Legal Notice and Terms are enforceable on any person who accesses, browses or uses the Website. If you do not agree to all the terms and conditions of this agreement, you may not access the Website or use any of its services.
1.- OWNER’S INTRODUCTION AND DATA
COLLABORABRANDS, S.A. (hereinafter, the “Company”), is a Spanish company with Spanish VAT No. A-63.681.159, and with registered office at 28004 Madrid –Hortaleza Street, 108, 2nd floor, duly incorporated and registered in the Madrid Public Registry of Commerce, volume 37.097, sheet 36, section 8ª, page M-662172. You can contact the Company directly by sending an email to the address: firstname.lastname@example.org or by calling +34 932 138 369.
2.- OBJECT AND SCOPE OF APPLICATION
The present Terms regulate the access to the contents and to all the services and products offered by the Company through its Website, as well as the use of the same by the Users. The Company reserves the right to change and/or update the presentation, configuration and contents of the Website and the conditions of access to and/or the use of the same.
Access to and / or use of the Website’s contents and services after the coming into force of any change and/or update to the Terms will constitute acceptance of these. However, access to certain contents and the use of certain services may be subject to certain specific conditions, which, depending on the case, will replace, complete and / or modify the present Terms. In the event of any contradiction, the terms of the specific conditions shall prevail over this Terms.
Before using, booking, and/or purchasing any product or service offered by the Company, the User must carefully read the relevant conditions established for the Company’s purpose. The use, booking, and / or purchasing of said products or services will constitute acceptance of the specific conditions applying to these in the version published by the Company when any such use, booking and / or purchasing takes place. Access to, browsing and/or use of the Website will constitute acceptance by the User of the present Legal Notice and Terms.
In this regard, the User will be understood as the person who accesses, browses, uses or participates in the services and activities, free or otherwise, offered on the Website.
3.- ACCESS AND SECURITY.
Access to the contents and use of the services provided by the Company is free. However, some of the Company’s third-party services and contents on the Website may be subject to prior contracting and payment of a fee, which will be specified by the third party under its terms and conditions. Access to the Website by minors is prohibited unless they have prior express authorisation from their parents, guardians, or legal representatives, who will be considered liable for the acts carried out by minors in their care under existing law. In any event, it will be presumed that minors who access the Website do so with the prior express authorisation from their parents, guardians, or legal representatives.
4.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
This Website is subject to Spanish law and governed by national and international legislation on intellectual and industrial property. In no circumstances will access to and browsing of the Website or the use, contracting and/or purchase of products or services offered through the Website be understood to imply a waiver, transmission, license or total or partial transfer of said rights by the Company. The User is granted a strictly private right of use for the exclusive purpose of enjoying the services offered under these general Terms.
The use of trademarks, service marks, trade names, logos, and graphics, whether owned by the Company or by third parties without the prior, express and written Company’s authorisation or legitimate owner, is strictly prohibited. At no time shall access to or use of the Website and/or its contents and/or services be understood to give the User any right to the use of trademarks, service marks, trade names, logos, and graphics included therein protected by law without the prior, express and written Company’s authorisation or of the legitimate owner.
All Intellectual and Industrial Property rights on the contents and/or services are reserved. It is expressly prohibited to modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, or otherwise exploit in any way all or part of the contents and/or service included in the Website, for public or commercial purposes, without the prior, express and written Company’s authorisation or, where appropriate, the holder of the corresponding rights.
5.- USE OF THE WEBSITE DEL SITIO WEB.
The User undertakes to use the Website under the law and with these general Terms. The User also undertakes to refrain from using the Website for purposes or effects that are illegal or contrary to the provisions of the general Terms. By using the Services, the User agrees to these general Terms, agreeing not to transmit, disseminate or make available to third parties, by way of the services provided by the Website, any material that in any way contravenes the legislation in force.
6.- LICENSING OF COMMUNICATIONS.
If the User sends information of any kind to the Company through the Website, by way of the channels provided for that purpose on the Website itself, the User declares and guarantees that he or she has the right to do so freely, that the said information does not infringe any intellectual property, trademark, patent, trade secret, or any other third party right, that such information is not confidential and that such information is not harmful to third parties. The User assumes full responsibility and accepts that the Company shall not be responsible or liable, directly or indirectly, for any communication that he or she provides personally or in his or her name, assuming said responsibility without prejudice to the accuracy, legality, originality and ownership thereof.
7.- RESPONSIBILITIES AND GUARANTEES OF THE SERVICE.
The Company cannot guarantee the reliability, usefulness or veracity of the services or information provided through the Website, prepared by users from many different sectors. Consequently, the Company does not guarantee or accept responsibility for:
- the continuity of the contents of the Website;
- the absence of errors in said contents or products;
- the absence of viruses and/or other elements that may cause damage to the Website or on the server that supplies it;
- the invulnerability of the Website and/or the impregnability of the security measures adopted thereon;
- the utility or performance of the contents and products of the Website; or
- any damage or harm caused to themselves or a third party by any person who violates the Terns established by the Company on the Website, or as a result of any violation of the security systems of the Website.
Nevertheless, the Company declares that it has adopted all the necessary measures, within its power and the technological options at its disposal, to ensure the functioning of the Website and to prevent the presence and transmission of viruses and other elements that may cause damage to Users.
The Company reserves the right to interrupt access to its Website and the provision of any or all of the contents provided through it at any time and without prior notice, whether for technical, security, control, maintenance, power failure or any other cause. Such interruption of access may be temporary or permanent, in which case the circumstance will be communicated to the Users.
The Company will not be liable in the event of any interruption, delay, error or malfunctioning of the service or, in general, any other inconvenience whose origin is beyond its control or is due to a malicious or culpable action of the User and/or to force majeure.
Without prejudice to the provisions of Article 1105 of the Civil Code of Spain, the concept of force majeure will be understood as including, for these general Terms, all such occurrences as are beyond the Company’s control, such as the actions of third parties, operators or service companies; acts or omissions of government or public authorities; loss of access to third-party networks; circumstances arising from natural phenomena, power outage, etc.; and attack on the security or integrity of the computer system by hackers or specialised third parties, always providing that the Company has adopted all existing security measures in accordance with the technological options at its disposal.
Whatever the cause, the Company will not assume any responsibility for direct or indirect damages, emergent damages and/or loss. The Company will have the right to temporarily suspend the services and contents of the Website to carry out maintenance, improvements or repairs, without such suspension entailing any compensation to the User.
The Company is not responsible for any use the User may make of the services and products of the Website, or any other aspect of the Website, thereby infringing the rights of intellectual or industrial property or any other right of third parties.
If the User is aware of the existence of any illegal, unlawful or inappropriate contents which may infringe intellectual and/or industrial property rights, he or she must immediately notify the Company so that it can proceed to adopt appropriate measures.
The User will be liable for loss or damages of any kind that the Company may suffer due to a breach of any of the obligations to which he or she is subject by these Terms or such specific conditions as may apply.
8.1 Links to other websites.
If the User should find on the Website any link to other websites, by means of buttons, links, banners, etc., it is understood that third parties manage these websites, and the Company has no power or human or technical means to know, monitor or approve such information, contents, products or services as may be provided by other websites to which access may be had from its Website.
Consequently, the Company can assume no responsibility for any aspect of any other website to which a link may be established from its Website, and specifically, by way of example and not limitation, for its operation, access, data, information, files, the quality and reliability of its products and services, its links and/or any of its contents.
Further, if the User should have useful knowledge of the unlawful nature of activities carried out through these third-party websites, they must immediately notify the Company to disable the link giving access to it.
The establishment of any link from the Website to another third-party website will not be understood to imply the existence of any relationship, collaboration or dependence between the Company and the person or persons responsible for the third-party Website.
8.2 Links to the Website from other websites.
If any User, entity or Website wishes to establish a link to the Website, they must comply with the following conditions:
- The link may only be to the Main Page or Home Page of the Website unless expressly authorised in writing by the Company.
- The link must be absolute and complete; that is, it must take the User, by a single click, to the Website’s URL and encompass in full the entire screen of the Website’s Home Page.
- Unless expressly authorised in writing by the Company, the Website that is linking must not reproduce the Website in any way, include it as part of its Website or within one of its frames or install a browser on any of the pages of the Website. On the page on which the link is established, it must not be claimed in any way that the Company has authorised such a link unless the Company has previously given express authorisation to that effect in writing.
- If the entity wishing to link its Website to the Home Page of the Website may not include on its Website the brand, denomination, commercial name, trade name, label, logo, slogan or any other identifying element of the Company and/or the Website without the prior, express and written authorisation of the Company. The Company does not and will not authorise any link to the Website from a website that contains illegal, degrading, obscene or inappropriate materials, information or contents or those that tend to contravene morality, public order or generally accepted social norms.
The Company does not have the power of human and technical means to know, monitor or approve all such information, contents, products or services as provided by other websites that have established links to the Website. The Company cannot assume responsibility for any aspect on any other website that may establish a link to the Website, expressly, by way of example and not limitation, for its operation, access, data, information, files, the quality and reliability of its products and services, its links and/or any of its contents.
9.- COOKIES POLICY.
The Website’s Cookies Policy is determined by the provisions of the COOKIES POLICY document
10.- DATA PROTECTION POLICY.
The Website’s Data Protection Policy is determined by the provisions of the DATA PROTECTION POLICY document
11.- DURATION AND MODIFICATION.
The Company may modify the Terms stipulated herein, in whole or in part, by publishing any change in the same way that this Legal Notice and Terms appears or through any type of communication addressed to Users. The temporary validity of this Legal Notice and Terms coincides, therefore, with the time of its exposure until it is totally or partially modified. At this time, the revised Legal Notice will become effective. Regardless of the provisions of the specific conditions, the Company may terminate, suspend or interrupt, at any time without prior notice, access to the contents of the page, with no possibility for the User to demand any compensation.
The headings of the different clauses are purely informative and will not affect, qualify, or extend the Legal Notice and Terms interpretation. If there is a discrepancy between what is established in this Legal Notice and Terms and the specific conditions of each particular service, the latter’s provisions will prevail. In the event that any provision or provisions of this Legal Notice and Terms should be considered null or inapplicable, in whole or in part, by any Court, Tribunal or other competent administrative body, the said nullity or inapplicability will not affect any other provision of the Legal Notice and Conditions. The non-exercise or execution by the Company of any right or provision contained in this Legal Notice will not constitute a waiver thereof unless this is expressly acknowledged and agreed to in writing.
13.- APPLICABLE LEGISLATION AND JURISDICTION.
The relations established between the Company and the User will be governed by Spanish law provisions in force. The Company and the User, expressly waiving any other jurisdiction that may apply, will submit any disputes and/or litigation to the knowledge Courts and Tribunals of the city of Madrid (Spain).
Date of publication of the latest version of the Legal Advice (v.1. 20/03/2021)