UPITE Consulting Services, S.L., with domicile at C/ COLOMBIA, 27 - Bajo Izquierda. 28016 – MADRID. Company Tax Code Nº: B-85415255, recorded in the Trade Registry of Madrid.
The use of the domain name www.upiteconsulting.es is duly registered by UPITE Consulting Services, with every guarantee, as set forth in Law 34/2002, of 11 July, on Information Society Services and E-Commerce. Nevertheless, it is hereby placed on the record that the present Legal Terms fully comply with the current rules concerning the Protection of Data, E-Commerce, Hiring Conditions, Intellectual Property, and remaining subsidiary regulations.
1.- ACCEPTANCE OF THE LEGAL TERMS
1.1.) Access to this website or its use in any manner implies the acceptance of each and every one of the present Legal Terns, with UPITE Consulting Services reserving the right to modify them at any time. Consequently, it shall be the responsibility of all visitors and/or users to carefully read the Legal Terms for use in force each time they access this website, and thus if the aforesaid party does not agree with any of the provisions set forth herein, they should abstain from using the present web page.
2.1.) Through the web www.upiteconsulting.es Users are provided with access to various contents, services, information and data (the "contents") that is made available to them. UPITE Consulting Services reserves the right to modify at any given time the presentation, configuration and location of the web page, as well as its contents, products and services as set forth therein.
3.- ACCESS CONDITIONS
3.1.) Access to the information of the different products and services present on the website, as well as navigation therein, shall be free, and it is therefore not necessary for Users to register with the site, with the consequent requirement to provide personal data this implies, nor are they required to use passwords.
3.2.) When, for the purposes of accessing specific contents or services, Users are required to provide personal data, Users shall guarantee the veracity, accuracy, authenticity and validity of said information. UPITE Consulting Services shall process said data in an automated manner as required depending on the nature thereof or their purpose, as indicated in the section Data Protection Policy.
4.- CONDITIONS OF USE
4.1.) The User undertakes to make adequate and licit use of the website as well as of its contents and services, in accordance with the applicable legislation at the time, the Legal Terms of the website, morality, generally accepted good practice, and public order. The User shall abstain from:
1. Unauthorised or fraudulent use of the website and/or its contents for illicit ends or purposes, prohibited in the present Legal Terms, detrimental to the rights and interests of third parties, or which in any manner may cause detriment, disable, overload, deteriorate or prevent the normal use of the services or documents, files and all types of contents stored on any computer equipment;
2. Accessing or attempt to access restricted resources or areas of the website, without complying with the conditions established for said access;
3. Causing damage to the hardware and software of the website, its suppliers or third parties;
4. Introducing or disseminating on the network any computer viruses or any other hardware or software susceptible of causing damage to the hardware or software of UPITE Consulting Services, of its suppliers or third parties;
5. Trying to access, use and/or manipulate the data of UPITE Consulting Services, third party suppliers and of other Users;
6. Reproducing or copying, distributing, allowing the public access through any means of public communication, transforming or modifying the contents, unless authorised by the holder of the corresponding rights or when such action is allowed pursuant to the Law;
7. Suppressing, concealing or manipulating the notes concerning intellectual or industrial property rights or remaining identifying details of the rights of UPITE Consulting Services or third parties that have included their contents, as well as the protective technical devices or any other information mechanisms that may be inserted within the contents;
8. Obtaining and attempting to obtain the contents employing to this end means or procedures that are different to those which, as the case may be, have been made available to this end or have been expressly indicated on the web page where the contents appear, or, in general, those that are commonly used on the Internet because they do not entail a risk of damage or will not disable the website and/or its contents;
9. In particular, the following list being merely indicative and not exhaustive, the User undertakes to abstain from transmitting, disseminating or making available to third parties information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, unless it has the express authorisation of UPITE Consulting Services, any type of material that:
a. In any form contravenes, belittles or infringes the fundamental rights and public freedoms recognised in the Constitution, in International Treaties and remaining applicable legislation;
b. Induces, incites or promotes criminal, slanderous, defamatory or violent behaviour, or, in general, any actions contrary to the law, morality, generally accepted good practice, and public order;
c. Induces, incites or promotes actions, attitudes or ideas that discriminate on the grounds of gender, race, religion, beliefs, age or condition;
d. Includes, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, noxious, degrading or, in general, contrary to the law, morality, generally accepted good practice, and public order;
e. Induces or may induce an unacceptable state of anxiety or fear;
f. Induces or incites involvement in practices that are dangerous, a risk or noxious to an individual's health and mental well-being;
g. Is protected by intellectual or industrial property law, belonging to UPITE Consulting Services or third parties, and where the intended use has not been authorised;
h. Infringes rights concerning the good name, personal and family privacy, or personal image of individuals;
i. Constitutes any type of publicity;
j. Includes any type of virus or program that prevents the normal operation of the website.
5.1.) UPITE Consulting Services does not guarantee continued access, nor the correct visualisation, download or use of the elements and information contained on the pages of UPITE Consulting Services, when this is prevented, hindered or interrupted by factors or circumstances that are beyond their control.
5.2.) UPITE Consulting Services may interrupt the service or immediately rescind the relationship with the User if it detects use of its Portal, or any of the services offered therein, that is contrary to the present Legal Terms.
5.3.) UPITE Consulting Services puts at the disposal of Users an email address, firstname.lastname@example.org, where Users may notify it of any content that may affect the activity of other users. It is UPITE's intention herein to take action to rectify the issue when deemed appropriate.
5.4.) UPITE Consulting Services is not liable for damages, detriment, losses, claims or costs incurred as a result of:
i. interferences, interruptions, errors, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, resulting from deficiencies, overloads and errors in telecommunication lines and networks, or resulting from other causes beyond the control of UPITE Consulting Services;
ii. unlawful interferences through the use of malicious programs of any type and via any means of communication, like for instance computer viruses or of any other type;
iii. undue or inadequate abuse of the web pages of UPITE Consulting Services;
iv. security or navigation errors resulting from the malfunctioning of the navigator or the use of versions of the navigator that have not been updated. The administrators of UPITE Consulting Services reserve the right to partially or totally eliminate any content or information present on the web.
5.5.) UPITE Consulting Services declines all responsibility for any damages, of whatever nature, resulting from incorrect use of the services made freely available and the use by Users of the web. In addition, UPITE Consulting Services is released from any liability concerning the content and information that may be received as a consequence of the completion of forms by Users. On the other hand, in the event of causing damages as a result of the illicit or incorrect use of said services, Users may be liable to UPITE Consulting Services for any damages that may arise.
6.- INTELLECTUAL AND INDUSTRIAL PROPERTY
6.1.) The User acknowledges and accepts that all the trademarks, trade names or distinctive signs, all industrial and intellectual property rights, concerning the contents and/or any other elements inserted in the page, are the exclusive property of UPITE Consulting Services and/or third parties, who have an exclusive right to use them in the course of trade. Under no circumstances does access to the web page imply any type of waiver, transfer, licence or total or partial assignment of said rights, unless expressly stated to the contrary. The present Legal Terms of the web page do not bestow on Users any other right of use, alteration, exploitation, reproduction, distribution or public disclosure of the web page and/or its contents, other than those expressly set forth herein. Any other use or exploitation of any rights will be subject to the prior attainment of an express authorisation, specifically granted to this end, from UPITE Consulting Services, or from the third party who holds the rights affected therein.
6.2.) The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation present on this site, as well as the site itself in its entirety, as an artistic multimedia creation, are protected by copyright pursuant to intellectual property legislation. UPITE Consulting Services is the owner of the elements that form the graphic design of its web page, the menus, navigation tabs, HTML codes, texts, images, texture, graphics and any other content of the web page or, in any case, has the corresponding authorisation for the use of said elements. The content set forth on said web page cannot be reproduced, totally or partially, nor transmitted, nor recorded by any information recovery system, in any form nor by any means, unless in possession of prior authorisation, in writing, from the aforesaid entity.
6.3.) In addition, it is hereby forbidden to suppress, evade or manipulate the "copyright" of UPITE Consulting Services, as well as the technical protection devices, or any other information protection mechanisms included within the content. The User of this website undertakes to respect the rights listed above and avoid any action that may be detrimental to said rights, UPITE Consulting Services reserving the right in any case to take the necessary legal actions or measures that it deems appropriate in the defence of its legitimate intellectual and property rights.
7.- PROTECTION OF DATA
7.1.) To use some of the services Users must previously provide certain personal information. To this end, UPITE Consulting Services will process said personal information in an automated manner in compliance with that set forth in Organic Law 15/1999 of 13 December, relative to the Protection of Data of a Personal Nature. To this end, Users may access the policy applied in the processing of personal information, as well as the previously defined purposes for the collection of this information, pursuant to the conditions defined in the Data Protection Policy set forth on the web.
8.- DURATION AND TERMINATION
8.1.) The provision of the service offered via the present website and the remaining services are initially offered for an indefinite duration. Nevertheless, UPITE Consulting Services may consider terminated or suspend any of the services of the portal. Where possible, UPITE Consulting Services shall announce the termination or suspension of the provision of the specific service.
9.- FORCE MAJEURE
9.1.) UPITE Consulting Services shall not be liable in any case when it is impossible to provide the service if this is due to prolonged power outages, cuts in telecommunications, social conflicts, strikes, rebellion, explosions, flooding, Government actions and omissions, and, in general, all cases of force majeure.
10.- APPLICABLE LAW AND JURISDICTION
10.1.) The present Legal Terms are governed by Spanish Law. To the extent that it is allowed pursuant to the Law, the parties, expressly waiving their rights to any other jurisdiction that may be applicable to them, hereby agree to submit themselves to the jurisdiction of the Courts and Tribunals of Madrid.