Pursuant to the provisions of Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, and in compliance with 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, you are hereby advised that the domain owner of our Website www. samocar.es is the company SAMOCAR S.A hereinafter “THE COMPANY “, with VAT number A78439932 and registered address at Seo de Urgel nº 11, (28033) de Madrid, Spain, officially registered and entered in Volume 7.464 Folio 13, Sheet M-73.962 of the Madrid Companies Register.
Contact details of the company as the Data Controller:
VAT Number: A78439932
Address: Seo de Urgel nº 11, (28033) de Madrid.
Phone.: (+34) 917.660.523
Email address: firstname.lastname@example.org
THE COMPANY welcomes you to its Website and invites you to carefully read this Website’s Legal Disclaimer (hereinafter, the “Legal Disclaimer”), which describes the general terms and conditions of use which shall apply when browsing through the Website in accordance with the applicable Spanish laws and regulations Given that THE COMPANY may amend this Legal Disclaimer in the future, we recommend that you visit it on a regular basis to ensure you are aware of any recent changes.
In order to ensure transparency, clarity and simplicity in the use of its Website, THE COMPANY hereby advises the USER that any suggestion, doubt or query regarding this Legal Disclaimer will be received and addressed by contacting THE COMPANY on telephone number (+34) 913.729.681 or at the e-mail address email@example.com
THE USER declares that he/she is aged 14 or older and shall be entirely responsible for such declaration and for the proper use of the Website subject to the terms of the present Legal Disclaimer.
You are hereby advised that specific conditions may apply from time to time regarding the use of certain content and/or services on the Website. The use of such content and services shall entail acceptance of the specific terms and conditions set forth therein.
A través del Sitio Web, la Empresa ofrece la posibilidad de:
Through its Website, THE COMPANY provides the possibility of:
– Obtaining information on THE COMPANY’s business activities and on the services provided by it, and requesting advice.
– Contacting THE COMPANY to ask questions, make suggestions, request information or submit applications through a Contact
(Hereinafter, the “Services”).
3. Privacy and Data Processing
If THE USER freely decides to contact any of the sites linked from the present Website, such contact will be made at THE USER’s own risk, and THE COMPANY shall not be liable for any obligations derived from the relationship that may arise between THE USER and the linked Website.
4. Industrial and Intellectual Property
THE USER hereby acknowledges that all the content displayed on the Website and in particular the designs, texts, images, logos, icons, buttons, software, trade names, trademarks or any other signs susceptible of industrial and/or commercial use are subject to intellectual property rights and that all the trademarks, trade names or distinctive signs, as well as all the industrial and intellectual property rights over the contents and/or any other elements inserted on the Website are the exclusive property of THE COMPANY and/or third parties, which shall be exclusively entitled to use them in the course of trade. Due to all of the above, THE USER undertakes not to reproduce, copy, distribute, make available or publicly communicate, transform or modify such contents in any other way whatsoever, and shall hold THE COMPANY harmless against any claim which may arise from a breach of such obligations.
Under no circumstances shall access to the Website entail any kind of waiver, transfer, licence or total or partial assignment of such rights, except where otherwise expressly provided. The present Legal Disclaimer does not confer upon the USER any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its content other than as expressly set forth herein. Any other use or exploitation of any rights shall be subject to the prior express authorisation specifically granted for such purpose by THE COMPANY or by the third-party holder of the rights thus affected.
The content, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this Website, as well as the Website itself as a multimedia artwork, are protected by copyright pursuant to the applicable Intellectual Property laws. THE COMPANY is the owner of the elements making up the Website’s graphic design, such as its menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or otherwise it holds the relevant authorisation for the use of such elements. The content available on the Website may not be reproduced, either wholly or in part, nor transmitted or recorded by any information retrieval system in any way or by any means whatsoever, without THE COMPANY’s prior
written consent. Furthermore, deleting, failing to observe and/or manipulating the copyright notice or any technical protection devices or other information devices included in the content is strictly prohibited. THE USER of this Website hereby undertakes to observe the rights set forth herein and to avoid any actions that may harm them. In any event, THE COMPANY reserves the right to bring any legal proceedings or actions it may be entitled to in order to defend its legitimate property, intellectual and industrial property rights.
5. Obligations and Responsibilities of the Website User
THE USER undertakes, in general, to comply with the general terms and conditions of use included in the present Legal Disclaimer, as well as to observe the special warnings or instructions of use contained herein or in the Website, and to always act in accordance with the law and accepted customs and in good faith, using due diligence and refraining from using the Website in any way that could potentially prevent, damage or impair the normal operation of the Website, the property or rights of THE COMPANY, its providers, other users or any third party in general. Access to and use of the portal by minors without the prior express consent of their parents or guardians is strictly prohibited.
THE USER hereby undertakes to:
a. Make proper and lawful use of the Website, its contents and services in accordance with: (i) the legislation in force at any time; (ii) the Website’s Legal Disclaimer; (iii) generally accepted practices; and (iv) public order.
b. Provide him/herself with all the technical means and requirements needed to access the Website.
c. Provide truthful information when filling in his/her personal data in the forms contained in the Website and to keep such data up to date at all times, so that they reflect THE USER’s current situation at any given time. THE USER shall be solely liable for any false or inaccurate statements he/she may make and for any damages the information thus provided may cause to THE COMPANY or to any third-party providers.
THE USER shall likewise refrain from:
a. Making unauthorised or fraudulent use of the Website and/or of the contents thereof for unlawful purposes or effects prohibited by the Legal Disclaimer, or any use which harms the rights and interests of third parties, or which may in any way damage, render useless, overload, impair or prevent the normal use of the services, documents, files and any kind of content stored in any computer equipment.
b. Accessing or attempting to access the Website’s restricted resources or areas without meeting the conditions required for such access.
c. Causing damage to the Website’s hardware or software or those of its providers or third parties.
d. The introduction into or dissemination through the Web of computer viruses or the use of any hardware or software likely to damage to THE COMPANY’s hardware or software or those of its providers or third parties.
e. Attempting to access, use and/or manipulate THE COMPANY’S data or those of third-party providers and other Users.
f. Reproducing, copying or distributing the content or allowing public access to it through any means of public communication, or transforming or changing the content, without due authorisation by the holder of the corresponding rights, unless this is allowed by law.
g. Deleting, concealing or manipulating the notices on intellectual or industrial property rights and other data identifying the rights of THE COMPANY or of third parties included in the content, or any technical protection devices or information mechanisms which may have been inserted in the content.
h. Obtaining or attempting to obtain the content by any means and procedures other than those which, as the case may be, have been placed at his/her disposal for such purpose or which have been expressly indicated in the websites where the contents are located or, in general, those normally used on the Internet due to their not posing a risk of damaging or rendering useless the Website and/or its content.
Specifically, the User shall undertake not to transmit, disseminate or place at the disposal of third parties any information including but not limited to data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any other kind of materials which:
i. Are in any way contrary to, deride or go against the fundamental rights and public freedoms safeguarded by the Spanish Constitution, international treaties and any other applicable legislation.
ii. Induce, incite or promote criminal, insulting, defamatory or violent behaviour or generally contrary to the law, morals, generally accepted customs or public order.
iii. Induce, incite or promote discriminatory actions, attitudes or thoughts with regard to gender, race, religion, beliefs, age or condition reasons.
iv. Incorporate, make available or allow access to products, elements, messages and/or services which are criminal, violent, offensive, harmful, degrading or, in general terms, contrary to the law, morals, generally accepted customs or public order.
v. Induce or could induce an unacceptable state of anxiety or fear.
vi. Induce or incite involvement in dangerous, risky or harmful practices as regards health and psychological well-being.
vii. Are protected by legislation on the intellectual or industrial property owned by THE COMPANY or by third parties, without having been duly authorised to use them as intended.
viii. Are contrary to people’s honour, personal and family privacy or self-esteem.
ix. Constitute non-allowed advertising of any kind.
x. Include any kind of virus or program which prevents the normal operation of the Website.
If THE USER is provided with a password to access any of the services and/or content of the Website, he/she undertakes to use it diligently and to keep it secret at all times. Consequently, THE USER shall be held liable for the password’s custody and confidentiality and shall undertake not to disclose it to third parties, either temporarily or permanently, or allow other people to access the aforementioned services and/or contents THE USER shall likewise report to THE COMPANY any event that could lead to improper use of his/her password, including but not limited to theft, loss and unauthorised access, in order that it may be immediately cancelled. Consequently, unless notice to such effect is given, THE COMPANY shall be held harmless from any liability arising from improper use of THE USER’s password and he/she shall be held liable for any illegal use made of the Website’s contents and/or services by any unauthorised third party.
Should THE USER negligently or fraudulently breach any of the obligations set forth in the present Legal Disclaimer, he/she shall be held liable for any damages that such breach may cause to THE COMPANY.
THE COMPANY does not guarantee continued access to or the proper display, downloading or utility of the elements or information contained in the pages linked to this Website, access to which may be prevented, hampered or interrupted by factors beyond its control. THE COMPANY shall not be held liable for any decisions that may be taken on the basis of the content or information provided on websites accessed via such links.
THE COMPANY may interrupt the service or immediately terminate the relationship with THE USER should it detect that use has been made of its Website or any of the services offered therein which is contrary to the terms of this Legal Disclaimer. THE COMPANY shall not be held liable for any damages, losses, claims or expenses arising from the use of the Website. It shall solely be responsible for deleting as soon as possible any content which may cause such damages, provided that it has been notified of its existence. In particular, it shall not be liable for any damages arising, among others, from:
i. interferences, interruptions, failures, omissions, telephone service failures, delays, blockages or disconnections in the operation of the electronic system caused by deficiencies, overloads and errors in telecommunication lines and networks, or due to any other causes beyond THE COMPANY’S control.
ii. unlawful intrusions using any form of malware and any means of communication, such as computer viruses or any others.
iii. improper use or abuse of the Website.
iv. security or browsing errors caused by browser failures or due to the use of outdated browser versions. THE COMPANY’S administrators reserve the right to remove, either wholly or in part, any content or information present in the Website.
THE COMPANY shall be held harmless from any liability for any damages whatsoever arising from misuse of the services freely available for use by the Website’s Users. Likewise, THE COMPANY shall be held harmless from any liability arising from any content and information received through unlawful or improper use of such services, and a claim may be brought by THE COMPANY against THE USER for any damages thus caused.
The User shall defend, indemnify and hold THE COMPANY harmless against any damages which may arise from third-party claims, actions and complaints resulting from THE USER’s access to and use of the Website. Likewise, THE USER shall indemnify THE COMPANY against any damages which may arise from the use by THE USER of any robots, spiders, crawlers or similar tools in order to gather or extract data, or from any other action performed by THE USER which imposes an unreasonable load on the Website’s operation.
THE USER undertakes not to reproduce THE COMPANY’s Website or any of its contents in any way whatsoever, not even through a hyperlink, without express written authorisation from THE COMPANY.
THE COMPANY’s Website includes links to other websites managed by third parties. THE COMPANY shall therefore not be held liable for the content of such websites nor be in a position to guarantee or offer the services and/or information provided through such websites, and consequently any claim relating to the services provided through links to third-party websites must be addressed to the owners of such websites.
THE USER is hereby granted a limited, revocable and non-exclusive right to create links to the Website’s home page solely for private, non-commercial use. Any websites including a link to THE COMPANY’s Website (i) shall not imply that THE COMPANY recommends such websites or their services or products; (ii) shall not provide misleading information about their relationship with THE COMPANY or state that THE COMPANY has authorised such links, or include trademarks, brands, trade names, logos or other distinguishing marks of THE COMPANY; (iii) shall not include content which may be deemed to be in bad taste, obscene, offensive, controversial or inciting violence or discrimination regarding gender, race, religion, beliefs, age or condition, or contrary to public order or unlawful; (iv) shall not include a link to any page of the Website other than the home page; (v) shall provide a link to the Website’s own URL, without allowing the website containing the link to reproduce the Website as part of its web within one of its frames or create a navigation window on any of the pages of the Website. THE COMPANY has the right to request the deletion of any link to the Website at any time, after which such link shall be promptly eliminated. THE COMPANY has no control over the information, content, products or services provided by other websites which have included links to the Website.
Consequently, THE COMPANY shall not be held liable for any aspect concerning such websites.
8. Data Protection
THE COMPANY reserves the right to use cookie technology on the Website in order to recognise THE USER as a frequent user and to personalise the use of the Website by preselecting THE USER’s language or favourite or specific content. The cookies used by the Website or by the third party acting on its
behalf are solely associated with an anonymous user and his/her computer and do not in themselves provide any personal information on THE USER.
Cookies are files downloaded to a browser through a Web server to track THE USER’s navigation through the Website, provided THE USER accepts their use. THE USER may delete the cookies at any time. In order to do so, the browser’s user instructions should be consulted.
By using cookies, THE COMPANY can identify THE USER’s browser in order to provide content, recognise THE USER’s browsing and advertising preferences, access user demographic profiles, and measure visits and traffic parameters in order to control the progress of and the number of visits.
10. Term and Termination
In principle, the provision of this Website and the other services is for an indefinite term. Nonetheless, THE COMPANY may discontinue or suspend any of the services provided through the Website. Where possible, THE COMPANY shall announce the discontinuation or suspension of the provision of the service involved.
11. Force Majeure
THE COMPANY shall not be held liable in the event that it should be unable to provide the Service due to prolonged interruptions in power supply or telecommunications lines, social unrest, strikes, rebellion, explosions, floods, government actions or omissions and, in general, any situations deemed to constitute a force majeure event.
12. Dispute Resolution. Governing Law and Jurisdiction
The present Legal Disclaimer and the general terms and conditions of use of the Website included in it shall be governed by Spanish Law. Any dispute arising in relation thereto shall be settled before the courts of the jurisdiction where the company has its registered address.
Should any provision of the present Legal Disclaimer become unenforceable or null and void in accordance with the applicable laws and regulations or as a result of a court judgment or administrative resolution, such unenforceability or nullity shall not make the present Legal Disclaimer unenforceable or null and void as a whole. In such cases, THE COMPANY shall amend or replace such provision with another which is valid and enforceable and which, to the extent possible, achieves the purpose and intent reflected in the original provision