LEGAL NOTICE – GENERAL CONDITIONS OF USE
1. LEGAL FRAMEWORK
In accordance with the provisions of Article 13 of 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 (General Data Protection Regulation or GDPR), Article 11 of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and in Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE), the user (hereinafter, the “USER”) who accesses this website (hereinafter, the “WEBSITE”), is hereby informed of its general terms and conditions of use (hereinafter, “General Conditions of Use”).
2. IDENTIFICATION DATA
This WEBSITE is owned by the ASOCIACIÓN BRIGAID CONNECT (hereinafter the “ASSOCIATION”) with C.I.F. G02885564 and address at Borni, 20. 28232, Las Rozas de Madrid (Madrid), Spain, registered in the National Registry of Asociations, Section 1, National number 621772 (hereinafter, the “OWNER”).
You can contact the OWNER for matters related to the management of this WEBSITE by any of the following means:
– Contact e-mail: info@brigaidconnect.com
3. USERS AND PURPOSE
The access and/or use of this WEBSITE confers the condition of USER who accepts, from said access and/or use, the General Conditions of Use herein reflected, which will be applicable regardless of the general contracting conditions that may be of mandatory compliance.
The purpose of these General Conditions of Use is to regulate access to this WEBSITE and the use that the USER makes of it. In this sense, please read these General Conditions of Use carefully and attentively when accessing and/or using the WEBSITE.
Any questions about these General Conditions of Use may be consulted through the means of contact provided in paragraph 2.
The OWNER reserves the right to periodically modify the conditions of this document, without prior notice. The modified conditions shall enter into force on the date of their online publication on the WEBSITE for all users, without the need for express notification to the USER in this regard. Consequently, the USER must regularly consult these General Conditions of Use in order to know and be aware of their updates. If you do not agree with the following terms or conditions, please do not access this address or any page or link of the same.
4. PURPOSE OF THE WEBSITE
This WEBSITE allows the USER to get to know the ASSOCIATION, commercially known under the brand name BRIGAID CONNECT, the activities it carries out and the services it offers in the market.
On the WEBSITE, the USER can find a description of the activities carried out by the ASSOCIATION, the purpose of the ASSOCIATION, etc.
The USER has at his disposal in the WEBSITE, a form where he can contact the ASSOCIATION.
5. LENGUAGE
The content of the WEBSITE is available in English.
The OWNER is not responsible for the non-comprehension or understanding of the language of the WEBSITE by the USER, nor for any consequences that may arise therefrom.
6. OBLIGATIONS OF THE USER
The USER is solely responsible for the use made of this WEBSITE and its Services. In this way, the USER undertakes to make an appropriate, lawful and responsible use of the Services offered by the WEBSITE, in accordance (i) with the legislation applicable at all times; (ii) with the General Conditions of Use of the WEBSITE; (iii) as well as with morality, public order and good customs.
In particular, the USER undertakes, by way of example, but not limited to, not to use the WEBSITE for the following purposes:
a) Engage in activities that are illicit, illegal or contrary to good faith and public order.
b) Disseminate content or propaganda that is racist, xenophobic, pornographic-illegal, in support of terrorism or against human rights.
c) Cause damage to the physical and logical systems of the OWNER, its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage.
d) Attempt to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages.
e) Use the WEBSITE and the information contained therein for any commercial, political and advertising purposes and, in particular, for sending unsolicited e-mails.
The OWNER reserves the right to remove any comments, messages and contributions that violate the respect for the dignity of the person, which are discriminatory, xenophobic, racist, pornographic, that violate the youth or childhood, order or public safety or that, in his opinion, are not suitable for publication. In any case, the OWNER shall not be responsible for the opinions expressed by users through forums, chats or other spaces or participation tools.
When the USER must register on the WEBSITE in order to use the Services and/or access the Contents, the USER shall be responsible for providing truthful and lawful information. As a consequence of this registration, the USER may be provided with a password for the custody of which he/she shall be responsible, undertaking to make diligent and confidential use of the same and not to transfer it to third parties.
Likewise, in the event that the USER must provide personal data when completing a form on the WEBSITE, the USER undertakes to provide truthful information and to keep such information updated so that it responds, at all times, to the real situation of the USER. The USER shall be solely responsible for any false or inaccurate statements made and the damages arising therefrom for the OWNER or third parties.
7. EXCLUSION OF WARRANTIES AND LIABILITY
The USER acknowledges that the use of the WEBSITE and its Services is developed under his sole responsibility. Specifically, by way of example only, the OWNER assumes no liability in the following areas:
a) The availability of the operation of the WEBSITE, its services and contents and its quality or interoperability, with the legally applicable limits. That is, the OWNER does not guarantee continued access, or the correct viewing, downloading or use of the Content and Services contained / offered by the WEB that may be prevented, hindered or interrupted for reasons beyond the control of the OWNER.
b) The purpose for which the WEBSITE serves the purposes of the USER.
c) The infringement of current legislation by the USER or third parties and, in particular, the intellectual and industrial property rights owned by third parties or entities.
d) The existence of malicious codes or any other harmful computer element that could damage the USER’s computer system or that of third parties. It is up to the USER, in any case, to have adequate tools for the detection and disinfection of these elements.
e) Fraudulent access to the Contents or Services by unauthorized third parties, or, as the case may be, the capture, elimination, alteration, modification or manipulation of messages and communications of any kind that such third parties may carry out.
f) The accuracy, veracity, timeliness and usefulness of the Content and Services offered and the subsequent use made of them by the USER. The OWNER shall use all reasonable efforts and means to provide updated and reliable information.
g) Damage caused to computer equipment or devices during access to the WEB and damage caused to USERS when they are caused by faults or disconnections in telecommunications networks that interrupt the service.
h) Damages or losses resulting from circumstances arising from acts of God or force majeure.
i) Damages caused to the USER of the loading points resulting from the non-monitoring and/or inadequate maintenance of the QR code.
j) Damages caused to the USER of the charging points resulting from defects and/or incidents presented by the chargers.
The OWNER is not responsible for the information and content stored, including but not limited to, forums, chats, blogs generators, comments, reviews, social networks or any other means that allows third parties to publish content independently on the WEB.
The OWNER may interrupt the service or immediately terminate the relationship with the USER if it detects a use of the WEBSITE or any of the Content and Services offered are contrary to these General Conditions of Use.
The OWNER shall make every effort to correct any interruption or error in the WEBSITE and, eventually, to remove any content that could cause damage, provided that it has been aware of the aforementioned circumstance.
8. DATA PROTECTION
As indicated in the “LEGAL FRAMEWORK” of these General Conditions of Use, the OWNER complies with the guidelines of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC, and with the Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and Guarantee of Digital Rights, and ensures the correct use and processing of the USER’s personal data. Likewise, the HOLDER declares to comply with the regulatory provisions contained in Law 34/2002 of July 11, 2002, on Information Society Services and Electronic Commerce.
To do this, next to each form of collection of personal data that is available on the WEB for requesting information by the USER, is made available an informative text on the existence and acceptance of the specific conditions governing the processing of their data in each case, informing the identity of the controller and the data on it required by law; the possibility of exercising their rights of access, rectification, deletion, limitation of treatment, portability or opposition; the purpose of processing and data communications to third parties, if any. Express consent shall be requested from the USER when the treatment of his/her data by the OWNER pursues commercial purposes or when the transfer of his/her personal data to other companies, entities, associations, partners, or similar belonging to or related to the ASSOCIATION is foreseen.
In any case, everything related to the data protection policy is included in the Privacy Policy section (insert link) of this WEBSITE.
9. CONTENTS. INTELLECTUAL AND INDUSTRIAL PROPERTY.
The OWNER is the exclusive owner of all industrial and intellectual property rights over all the elements contained in the WEBSITE, including, but not limited to, images, codes in HTML language, JAVA Script, FLASH, among others, photographs, sound, audio, video, software, texts; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.
In any case, access and / or use of this WEBSITE implies any waiver, transfer, license or assignment, in whole or in part, of such rights of intellectual property by the OWNER in favor of the USER, unless otherwise expressly agreed.
The USER who accesses the WEBSITE is expressly authorized to view all information contained therein, as well as to make “download” or private reproductions in their own computer systems, provided that the elements that have been reproduced are intended solely for personal, non-commercial and private use of the USER and respect all intellectual property rights of the OWNER, which are set forth herein.
Thus, it is expressly forbidden for the USER to use any of the contents of the WEBSITE for commercial purposes. In particular, are expressly prohibited copying, reproduction, distribution and public communication, including its mode of making available, all or part of the contents of this WEB, for commercial purposes, in any medium and by any technical means, without the authorization of the OWNER. The USER shall hold harmless the OWNER from any claim arising from breach of such obligations.
The USER who accesses the WEBSITE also undertakes not to modify, edit, alter, delete or in any other way change the Contents of the WEBSITE, nor to use reverse engineering or decompilation techniques to access the source code of the software used on the WEBSITE.
Any unauthorized use of the Contents of the WEB will be considered an infringement of the laws of Industrial and Intellectual Property, as well as the Laws of Unfair Competition and / or any other law that is applicable. In this situation, the OWNER may initiate and exercise those civil/criminal actions that apply against those who infringe or injure their rights.
If the USER of the WEBSITE considers that his intellectual property rights have been infringed by any of the Contents of the WEBSITE, he must notify the OWNER in writing, specifying the personal data of the claimant, the work protected by intellectual property rights and its location on the WEBSITE, as well as any other information necessary to identify the alleged infringement.
10. USE OF COOKIES
This WEBSITE uses cookies. The USER can consult the Cookies Policy section (insert link) to obtain complete information on the subject.
11. MODIFICATIONS
The OWNER reserves the right to make unannounced changes it deems appropriate regarding the information contained on the WEBSITE, as well as regarding the General Conditions of Use, may change, delete or add as many Content and Services provided through this, as well as the way in which they are represented or located.
12. LINKS
The USER agrees not to reproduce in any way, even through a hyperlink or hyperlink, this WEBSITE, as well as any of its contents, unless expressly authorized in writing by the OWNER.
In the event that this WEBSITE includes links or hyperlinks to other Internet sites and / or other applications, the OWNER shall not exercise any control over such sites and content. In no event shall the OWNER assume any responsibility for the contents of any link belonging to an outside website or WEB, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, accuracy, validity and constitutionality of any matter or information contained in any such hyperlinks and other sites on the Internet. Likewise, the inclusion of these external connections does not imply any type of association, merger or participation with the connected entities.
13. RIGHT OF EXCLUSION
The OWNER reserves the right to deny or withdraw access to the WEBSITE and / or the Content and Services offered without prior warning, at its own request or at the request of a third party, to those USERS who violate the contents of these General Conditions of Use.
14. OVERVIEW
The OWNER will pursue the breach of these General Conditions of Use, as well as any misuse of the WEBSITE exercising all civil and criminal actions legally applicable.
The Contents and Services offered in the present WEB are merely informative. Therefore, by offering them, no warranty or representation is given in relation to them and, in particular, to their legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that by law such representations and warranties cannot be excluded.
15. APPLICABLE LAW AND JURISDICTION
The relationship between the OWNER and the USER shall be governed by the Spanish legislation in force. All disputes and claims arising from this legal notice shall be resolved by the courts and tribunals of Spain and, in particular, to those located in the city of Madrid.
