I.- LEGAL NOTICE.
This Legal Notice establishes the Terms and Conditions of Use of the BMC & A Portal (hereinafter, “the Portal”) of the company BMC & A ASESORES LEGALES, S.L. (hereinafter BMC & A or “the Company”): www.bmca.es. The use of the same (Portal), attributes to the navigator the condition of User (hereinafter, “the Users” or “the User”), which implies the adhesion and commitment of compliance with each and every one of the conditions contained in this Legal Notice, in the version that is published at the time it is accessed, so it is recommended that the User reads this Notice carefully every time he accesses the Portal. The conditions will be applicable regardless of the existence of other specific conditions applicable to certain services provided in the Portal.
II.- TERMS & CONDITIONS OF USE.
1.1 Through the BMC & A Portal, accessible through the URL www.bmca.es, users of the same are provided access to a wide range of products, services and content related to the provision of legal services in accordance with the object Social Company (hereinafter, “the Services”).
1.2 The identifying data of the person in charge of the Portal are the following:
BMC&A ASESORES LEGALES, S.L.
Avda. Pau Casals, 22 P.2. 08021- Barcelona
Registered in the Mercantile Register of Barcelona, Volume 43.732, Folio 89, Sheet number B-436.760
BMC&A thanks all kinds of suggestions, rectifications or comments that help to avoid or correct any type of incident or irregularity in the Portal in the fastest and most efficient way. Such communications can be directed by email.
2.2 As a User, you declare that you are of legal age and / or have the legal capacity and sufficient capacity to be bound by these General Conditions. The User accepts, expressly, fully, without reservation or exception, that the access and use of the Portal, its Services and its contents takes place under its sole and exclusive responsibility.
3.1 The User of the Portal assumes, knows and accepts, by the very fact of visiting it, that the data and information about products or services, and any other data and information contained in the Portal appear in it, only and exclusively, for informational purposes, as information of a preliminary nature prepared for the attention of the User, and that at a given moment may contain errors, inaccuracies or not be updated.
3.2 The Company reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Portal, as well as the content and extension of the Services. In the same way, the Company reserves the right to incorporate new Services and contents in the Portal, as well as the right to eliminate, limit, suspend or prevent access to the Services, whether temporarily or permanently, when the reasons provided in these General Conditions concur.
6.1. BMC&A declares and guarantees that the Portal has the necessary technology (software and hardware), to date, to allow access and use of it. However, the Company is not responsible for the possible existence of viruses or other harmful elements, introduced by any means or by any third party, that may produce alterations in the User’s computer systems, or for the harmful consequences that they may produce in the User’s computer systems. The User fully accepts the foregoing and undertakes, on their part, to display the utmost diligence and prudence when accessing and using the Services offered through the Portal. In particular, although not only, the User must observe the security recommendations shown in the Portal.
6.2 The User accepts that the Portal has been created and developed in good faith by BMC&A with information from internal and external sources and offers it in its current status to Users, however it may contain falsehoods, inaccuracies, relevant omissions, or Errata. The Company, therefore, does not guarantee in any case the veracity, accuracy, timeliness or completeness of the contents of the Portal. Therefore, the User exonerates BMC & A from any responsibility in relation to the reliability, usefulness or false expectations that the Portal could produce or generate during its navigation through it.
6.3 The User guarantees that any activities developed by him through the Portal will be compliant to the law, morals, generally accepted good customs and public order, and that in no case will they be offensive to the good name and commercial image of BMC&A, for the rest of Users of the Portal or for third-party service providers. In particular, the User undertakes to use the Services correctly and diligently, as well as refrain from using them for purposes or effects that are unlawful or prohibited by these General Conditions, which are harmful to the rights and interests of third parties, or which in any way may damage , disable, overload or deteriorate said Services, the computer equipment of third parties as well as the documents, files, and all kinds of contents stored in their computer equipment or prevent the normal use or enjoyment of the Services by third parties.
6.4 In particular, by way of a merely enunciative and non-limiting nature, the User undertakes not to use the Services in order to (i) impersonate the identity of a third party; (ii) violate fundamental rights and public freedoms recognized in national legislation and in international treaties or agreements and, in particular, not to damage the honor, personal privacy, image or ownership of property and rights of third parties; (iii) incite or promote criminal, degrading, defamatory, offensive or, in general, contrary to the law, morals, generally accepted good practices or public order; (iv) induce or promote discriminatory actions or ideas because of race, sex, ideology, religion or beliefs; (v) incorporate, make available or allow access to products, elements, messages and / or services that are criminal, violent, pornographic, offensive or, in general, contrary to law, morality or public order; (vi) violate the intellectual or industrial property rights belonging to third parties; (vii) violate the regulations on secrecy of communications, advertising regulations and / or unfair competition regulations; (viii) transmit through the Portal with intent or fault electronic mail, programs or data (including viruses and harmful software) that cause or may cause damage or prejudice in any degree to the computer systems of the Company or other Users or third parties , as well as falsifying the origin of the email or other material contained in a file that is transmitted through the Portal; (ix) use the information contained in the Portal for the purposes of direct sales or with any other kind of purpose; and (x) send unsolicited messages addressed to a more or less extensive generality of persons regardless of their purpose.
7.1 BMC&A makes no representations or warranties of any kind, whether explicit or implicit, regarding the operation of the Portal or the information, content, software, materials, or products included therein to the extent permitted by applicable law. Likewise, the Company is exonerated from providing any warranties, whether explicit or implicit, including, among others, the implied warranties of suitability for a specific purpose. Therefore, BMC & A will not be liable for any damages or losses of any kind that may arise from the use of this Portal, including, among others, direct and indirect damages.
7.2 BMC&A is not responsible for any damages or direct or indirect damages that may arise from the interruption of the Service by the Portal as well as its continuity. Likewise, the Company is not responsible for possible errors or security deficiencies that may occur due to the use, by the User, of a browser of a non-updated or unsafe version, as well as for the activation of the preservation devices of keys or identification codes of the User registered in the browser or the damages, errors or inaccuracies that may arise from the malfunction of the same.
7.3 The Company excludes all liability for the legality, content and quality of the products and services offered and / or marketed by third parties through the Portal.
7.4 The Company does not grant guarantees of any nature, neither expressly nor implicitly, with respect to the information that is transmitted, distributed, published or stored in the Portal, nor of the use that the Users, its employees or third parties make of it. Likewise, the Company will not respond with respect to the incapacity of any User or the impersonation of the personality of a third party made by a User.
7.5 In any case of liability to the Company, it will only be liable for the damages and losses directly and effectively caused by it, without including in any case compensation for lost profits.
7.6 The User will be liable for damages of any nature that the Company may suffer as a direct or indirect consequence of the User’s breach of the Terms and Conditions of Use.
8.2. Any other User or owner of Websites will be prohibited from incorporating a hyperlink to the BMC & A Portal without their express authorization. In any case, this authorization implies that the hyperlink is not made in a way that harms the public and brand image of BMC & A or the Portal itself, as well as the third parties that appear referenced in it.
BMC&A undertakes to withdraw any link as soon as it becomes aware by any means of the illegality of its content or that they damage property or rights of a third party.
8.3 All the contents of the Portal (including, without limitation, databases, images and photographs, patents, utility and industrial models, drawings, graphics, text files, audio, video and software) are property of the Company, or of the providers of content, having been, in the latter case, the object of license or assignment, by them, and are protected by national or international intellectual and industrial property regulations. The compilation (understood as such the collection, design, arrangement and assembly) of all the content of the Portal is the exclusive property of the Company and is protected by national and international industrial and intellectual property regulations.
8.4 All the software used in the design of the screens, navigation and use and development of the Portal is the property of the Company or its software suppliers and is protected by national and international industrial and intellectual property laws.
8.5 The brands, labels, distinctive signs or logos of the Company that appear on the Portal are owned by the Company and are duly registered or in the process of being registered. The denominations of other products, Services and companies that appear in this document or in the Portal may be trademarks or other registered distinctive signs of their respective and legitimate owners.
8.6 All texts, graphic drawings, videos or audio supports are the property of the Company, or its content providers, and cannot be further modified, copied, altered, transformed, reproduced, adapted or translated by the User or by the User. third parties without the express authorization on the part of the holders of said contents.
8.7 The availability of the Users for their use of the databases, drawings, graphics, images and photographs, text, audio, video and software files owned by the Company or its suppliers that appear in the Portal does not imply, in no case, the assignment of ownership or the granting of a right of exploitation in favour of the User, other than the right of use that entails the legitimate use and according to the nature of the Portal.
8.8 It is strictly forbidden any use of the contents of the Portal, the Services and, in general, of all the rights mentioned in the preceding paragraphs that is made without the authorization of the Company, including its exploitation, reproduction, dissemination, transformation, distribution, Transmission by any means, subsequent publication, exhibition, public communication or total or partial representation which, if they occur, will constitute infringement of the intellectual property rights of the Company, sanctioned by current legislation.
9.1 BMC & A will endeavour to maintain the continued availability of the Portal. However, any type of test operation, control and maintenance will be freely chosen and carried out by the Company at any time, whatever the procedures and means used to carry it out. The Company will endeavour, whenever it is reasonably possible, to notify the Users by means of an announcement on the Portal of the performance of a maintenance operation or other activity that could affect the Portal.
9.2 The Company reserves the full freedom to modify the transmission, tracking or other means or Technical Services used to access or use the Portal.
9.3 The Company may suspend the Services temporarily or definitively, without generating any type of compensation in favour of the User, when any of the following circumstances occur: (i) when it is necessary to carry out maintenance work, (ii) when necessary to preserve the integrity or security of the Services provided, equipment, systems or networks of the Company or third parties, provided that they affect or may affect the services of the Company, (iii) when so it is justified by own operational reasons or those of third parties that affect the provision of the Services of the Company; (iv) when there is a cause of force majeure, the Company will endeavour to keep the User informed of the suspension and its causes, whenever possible.
9.4. Overwhelming force. For the purposes of these General Conditions will be understood by force majeure, by way of example but not limiting, (i) any event not guilty impossible to foresee or that foreseen or foreseeable, was inevitable; (ii) failures in the access to the different web pages; (iii) failures in the electricity or telephone network supply; (iv) damages caused by third parties or attacks on the Portal server (viruses) that affect the quality of the Services and are not attributable to the Company or the User; (v) failures in the transmission, diffusion, storage or making available to third parties of the databases and other contents of the Portal and, (vi) the problems or errors in the reception, obtaining or access to the Portal or to the Services by part of said third parties.
10.1 Any of the parties can consider these General Conditions resolved in the event of non-compliance with any of the obligations established in these General Conditions, provided that said breach is not corrected within a period of thirty (30) days as of the written notification of said breach, except that due to its seriousness, it could not be remedied.
10.2 The Company may also terminate the Terms and Conditions of Use without prior notice to the User when: (i) it is aware of the performance by the User of any illegal activity through the Services; (ii) the User has breached any of its essential obligations, according to these General Conditions, and especially in case of infringement or challenge of the intellectual and industrial property rights of the Portal, all without prejudice to the exercise of any legal actions that may correspond to it in defence of its interests.
If any Clause of these General Conditions is declared, totally or partially, null or ineffective, such nullity or inefficacy will affect only that provision or part of it that is null or ineffective subsisting, in all other matters, the rest of Conditions and having such provision or the part of it that is affected by not being implemented, except that, as it is essential to these General Conditions, it should affect them in an integral manner.
The present General Conditions that govern the Portal and all the relationships that may be derived are safeguarded by Spanish legislation.
Any dispute that may arise from the access or use of the Website is subject to the exclusive jurisdiction of the Courts and Tribunals of the city of Madrid (Spain).
Last update: May 11th, 2.018.
BMC&A ASESORES LEGALES, S.L. All rights reserved.
© 2018 Balaguer, Morera, Cajigas & Asociados.