Disclaimer

Law on E-Commerce and Information Society Services (ECISSA)

María Fernández Álviz and María de la Palma Madrid Rider (hereinafter “HISPASELL”), owners, managers and responsible of the website https://hispasell-lawyers.com (hereinafter “Website”), hereby make this document available to users in order to comply with the obligations set forth in Law 34/2002, of July 11, on E-Commerce and Information Society Services (ECISSA), and inform all Website’s users as to the conditions of use. In compliance with Sect. 14.1 of Regulation (EU) 524/2013, The European Commission provides an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/odr/.

Any person accessing this Website assumes the role of user, committing to the observance of and strict compliance with the provisions set forth herein, as well as any other legal provision that may be applicable.

HISPASELL reserves the right to modify any information whatsoever that may appear on the Website, without prior notice or the obligation to inform users of such modifications, the publication thereof on HISPASELL Website being deemed as sufficient.

IDENTIFYING DATA OF THE RESPONSIBLE

Responsible: María Fernández Álviz and María de la Palma Madrid Rider

Trade name: HISPASELL LAWYERS

ID: 33979778S and 27390649H respectively

Address: C/ CÓRDOBA Nº 6, OFFICE 1-01, 29001, MÁLAGA

Email: hispasell@gmail.com

PURPOSE

Through the Website, we offer Users the possibility of accessing information about our services.

PRIVACY AND DATA PROCESSING

Whenever may be necessary to provide personal data to access certain content or services, Users will guarantee its veracity, accuracy, authenticity and validity. HISPASELL will give said data the appropriate automated treatment based on its nature or purpose, under the terms specified in the Privacy Policy section.

INDUSTRIAL AND INTELLECTUAL PROPERTY

Users hereby acknowledge and accept that all the content displayed on the Website and, in particular, designs, texts, graphics and images, logos, icons, software, trade names, trademarks, or any other signs whatsoever shall be suitable for industrial use and/or subject to Intellectual Property rights and will remain the exclusive property of HISPASELL and/or third-party owners, who will have the exclusive right to use them and/or make commercial use thereof.

The designs, logos, software, icons, text and/or graphics and images not belonging to HISPASELL and which may appear on the website are the property of their respective owners, who will be responsible for any possible controversy that may arise in relation thereto. In any case, HISPASELL has the express and prior authorization from them.

In view of the foregoing, Users undertake not to reproduce, copy, distribute, make available or in any other manner publicly disclose, transform or modify such content, holding HISPASELL harmless from and against any claim which may arise from breach of such obligations.

Under no circumstances access to the Website shall entail any type of waiver, transfer, license or total or partial assignment of said rights, unless otherwise expressly stated.

These General Conditions of Use of the Website do not grant Users any other right of use, alteration, operation, reproduction, distribution or public disclosure of the Website and/or its Contents other than those expressly provided herein. Any other use of rights will be subject to the prior and express authorization specifically granted for this purpose by HISPASELL or the third-party owner of the rights involved.

The content provided in the Website may not be reproduced in whole or in part, nor disclosed, nor registered by any information retrieval system, in any manner or by any means, unless prior authorization is obtained, by writing, of the aforementioned Entity.

It is also forbidden to delete, evade and/or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that the contents may include.

Users of this Website hereby undertake to respect the aforementioned rights and avoid any action that might damage them. In any case, HISPASELL’s owners shall reserve their right to exercise any legal actions to which they may be entitled in defense of their legal intellectual and industrial property rights.

OBLIGATIONS AND RESPONSIBILITIES OF WEBSITE’S USERS

Users hereby agree to:

1-Make appropriate and lawful use of the Website as well as its contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Website; (iii) morality and generally accepted good practices and (iv) public order.

2- Make use of all means and meet all such technical requirements as may be needed to access the Website.

3- Provide truthful information by completing the forms contained in the Website with their personal data and keeping them updated at all times so that they can show the current status of the User. Users will be solely responsible for false or inaccurate statements made and damages caused to HISPASELL or third parties due to the information provided.

Notwithstanding the foregoing provisions, Users must also refrain from:

1- Making unauthorized or fraudulent use of the Website and/or the contents for illegal purposes which are prohibited in these General Conditions of Use and which may be harmful to the rights and interests of third parties, or which in any way may damage, disable, overload, deteriorate or prevent the normal use of the services or documents, files and the content stored on any computer equipment.

2- Accessing or attempting to access resources or restricted areas of the Website, without meeting the conditions required for such access.

3- Causing damage to the physical or logical systems of the Website, its suppliers or third parties.

4- Introducing or spreading computer viruses or any other physical or logical systems on the network which may cause damage to the physical or logical systems of HISPASELL, suppliers or third parties.

5- Attempting to access, use and/or manipulate the data of HISPASELL, third-party providers and other Users.

6- Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the website contents, unless users have the authorization of the relevant rights’ owner or it is legally permitted.

7- Deleting, hiding or manipulating the notes on intellectual or industrial property rights and other data identifying the rights of HISPASELL or third parties included in the content, as well as the technical protection devices or any information mechanisms that may be inserted into the content.

8- Obtaining or attempting to obtain the content by using means or procedures other than those made available for this purpose or expressly specified on the web pages where the content is provided or, in general, those which are usually used on the Internet because they do not entail a risk of damage or disablement of the Website and/or its contents.

9- In particular -this being a list merely indicative and not exhaustive, Users undertake not to transmit, disclose or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material which:

  • In any manner, may be contrary to or violate the fundamental rights and public liberties recognized constitutionally, both in International Treaties and other current legislation.
  • May induce, incite or promote criminal, denigrating, defamatory, violent or, in general, actions contrary to the law, morality, generally accepted good practices or public order.
  • May induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
  • May incorporate, make available or allow access to criminal, violent, offensive, harmful, degrading products, elements, messages and/or services that are contrary to the law, morality and generally accepted good practices or public order, or which induce or may induce an unacceptable state of anxiety or fear.
  • May induce or incite to engage in practices that are dangerous, risky or harmful to health and mental balance.
  • May be protected by the legislation on intellectual or industrial protection belonging to the company or to third parties without the intended use having been authorized.
  • May be contrary to honor, personal and family privacy or the image of people.
  • May constitute any type of advertising.
  • May include any type of virus or program that prevents the normal functioning of the Website.

If you are given a password to access some of the services and/or contents of the Website, you hereby agree to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, agreeing not to transfer it to third parties, whether temporarily or permanently, nor to allow access to the aforementioned services and/or contents by unrelated people.

Likewise, you are obliged to notify the company of any event that may lead to improper use of your password, such as, without limitation, its theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, if you fail to proceed to said notice, HISPASELL will be exempt from any liability that may arise from the improper use of your password, being your responsibility any illegal use of the contents and/or services of the Website by any non-authorized third party.

If you negligently or intentionally fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for such damages as may be caused to HISPASELL due to said breach.

RESPONSIBILITIES

Continuous access is not guaranteed, nor is the correct display, download or use of the elements and information contained in the Website that may be prevented, hampered or interrupted by factors or circumstances beyond HISPASELL’s control. HISPASELL shall not be responsible for the decisions that may be adopted as a result of access to the content or information offered.

The service may be interrupted, or the relationship with the User terminated immediately, if it is detected that the use of the Website, or any of the services offered therein, is contrary to these General Conditions of Use. We will not be responsible for damages, losses, claims or expenses arising from said use of the Website.

We will only be responsible for deleting, as soon as possible, the content that may generate such damage, provided that it is notified. In particular, HISPASELL will not be responsible for such damages as may be arise, among others, from:-

  1. Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunication lines and networks, or by any other cause beyond HISPASELL’s control.
  1. Illegal intrusions through the use of any malicious programs whatsoever and through any means of communication, such as computer viruses or others.
  1. Illegal or inappropriate use of the Website.
  1. Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The administrator of the Website, with the authorization of HISPASELL, reserves the right to withdraw, totally or partially, any content or information included in the Website.

HISPASELL shall not be liable for any damages whatsoever which may be caused due to misuse of the services freely available and used by the Users of the Website. Likewise, Hispasell shall not be responsible for the content and information that may be received via the data collection forms, the purpose thereof being only the provision of legal advice and other services. Furthermore, in the event of damages or loss caused due to an illegal or incorrect use of the services, said damages or loss may be claimed against Users.

Users will hold HISPASELL harmless from and against such damages and loss as may arise from claims, actions or demands by third parties as a consequence of their access to or use of the Website. Furthermore, users undertake to indemnify Hispasell against any damages and loss which may arise from their use of “robots”, “spiders”, “crawlers” or similar tools used in order to collect or extract data or from any other action by users which may impose an unreasonable burden on the operation of the Website.

HYPERLINKS AND THIRD-PARTY LINKS

Users undertake not to reproduce in any way, not even through a hyperlink or hyperlinks, the Website, or any of its contents, unless expressly authorized in writing by the person responsible for the file.

The Website may include links to other websites, managed by third parties, in order to facilitate the User’s access to information from collaborating and/or sponsoring companies. Accordingly, HISPASELL shall not be responsible for the content of said Websites and shall not act as guarantor and/or party offering the services and/or information that may be offered to third parties through third-party links.

Users are granted a limited, revocable and non-exclusive right to create links to the Website exclusively for private use, to recommend our services or to mention us in a review and not for commercial purposes or for spamming. Websites that include a link to our Website (i) may not falsify their relationship or affirm that said link has been authorized (ii) may not include content that could be considered as bad taste, obscene, offensive, controversial, inciting the violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iii) must link to the address of the Website, without allowing the website that makes the link to reproduce the Website as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Website. HISPASELL may request, from time to time, to remove any link from the Website, after which the same shall be immediately removed.

HISPASELL cannot control the information, content, products or services provided by other websites which may have established links to the Website.

DATA PROTECTION

In order to make use of some of the Services, Users must previously provide certain personal data. HISPASELL will automatically process these data and apply the relevant security measures, all in compliance with regulations GDPR, LOPDGDD and LSSI. Users can access the policy applied to the treatment of their personal data, as well as the establishment of the previously determined purposes, under the conditions defined in the Privacy Policy.

COOKIES

HISPASELL reserves the right to use “cookie” technology in the Website, in order to recognize you as a frequent User and personalize your use of the Website by pre-selecting your language, or the most desired or specific content. Certain cookies may collect the user’s IP address, with Google being responsible for the processing of this information.

Cookies are files sent to a browser, through a Web server, in order to record the User’s browsing in the Website, when the User allows their reception. If you wish, you can set your browser to be notified on the screen of the reception of cookies and to prevent the installation of cookies on your hard drive. Please see the instructions and manuals of your browser for further information.

It is possible that the browser of the computer used by Users can be recognized through cookies in order to provide content and offer browsing or advertising preferences to Users, according to the demographic profiles of Users, as well as to measure visits and traffic parameters, control the progress and number of entries.

REPRESENTATIONS AND WARRANTIES

In general, the contents and services offered in the Website are merely informative. Therefore, by offering them, no warranty or representation is given in relation to the contents and services offered in the Website, including, without limitation, warranties of lawfulness, reliability, usefulness, veracity, accuracy, or marketability, except to the extent that such representations and warranties cannot be excluded by law.

FORCE MAJEURE

HISPASELL will not be responsible in any case for the impossibility to provide service as long as this is due to prolonged interruptions of the electrical supply, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.

DISPUTE RESOLUTION. GOVERNING LAW AND JURISDICTION

These General Conditions of Use, as well as the use of the Website, will be governed by Spanish laws. To settle any dispute, the parties will be subject to the Courts and Tribunals of the registered office of the Website’s owners.

In the event any provision of these General Conditions of Use may become unenforceable or invalid by virtue of the applicable legislation or as a consequence of a judicial or administrative resolution, the remainder provisions of these General Conditions of Use shall continue in full force and effect. In this case, HISPASELL will proceed to modify or replace said invalid or unenforceable provision with another valid and enforceable provision which corresponds as closely as possible with the actual intent under the invalid or unenforceable provision.