Legal notice
This Legal Notice regulates the access, navigation and use of the website.
1. IDENTIFICATION
· Owner: FUENMAYOR ABOGADOS S.L.P. ("Fuenmayor" or the "Controller");
· Registered Office: Rambla Medular 79-81, Portal 1, 2nd Floor, 35500 Arrecife, Las Palmas;
· Tax ID: [Pending];
· Public Registry: [Pending registration];
· Email: info@fuenmayorabogados.es
2. PURPOSE
This Legal Notice regulates the access, navigation and use of the Website.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Fuenmayor is the owner or, where appropriate, has the corresponding licenses for the intellectual property, industrial, image or any other similar rights over the Website, as well as all the content offered therein, including, but not limited to, photographs, illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content included therein.
Users only have a non-exclusive right of use, within a strictly personal scope and for the sole purpose of being able to navigate the Website in accordance with this Legal Notice.
4. WEBSITE USAGE RULES
Access to or use of the Website for illegal or unauthorized purposes, with or without economic purpose, is not permitted and, therefore, its consequences will be the exclusive responsibility of the Users. Specifically, and without limitation to this list, it is prohibited to:
(i) Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in third-party devices;
(ii) Use the Website for the transmission, installation or publication of any virus, trojan, worm, malicious code or other harmful programs or files with illicit intentions;
(iii) Use the Website to transmit material for advertising or promotional purposes, including spam, chain emails or similar, without the prior express written authorization of Fuenmayor;
(iv) Use the Website in a way that constitutes a violation of any rights of Fuenmayor or third parties;
(v) Use the Website to transmit or publish any material of a defamatory, offensive, racist, vulgar, denigrating, pornographic, or obscene or threatening nature or that may annoy, harm or merely affect any person under Fuenmayor's criteria;
(vi) Use the Website to collect personal data from other users;
(vii) Use the Website illegally, against good faith, morality and/or public order;
(viii) Access without authorization to any section of the Website, other systems or networks connected to them, any Fuenmayor server or the services offered through the Website by means of hacking or forgery, password extraction or any other illegitimate means;
(ix) Carry out any action that causes a disproportionate or unnecessary saturation in the Website's infrastructure or in the systems or networks used or owned by Fuenmayor as well as in the systems and networks connected to the Website.
Failure to comply with any of the above obligations by Website Users may lead to the adoption by Fuenmayor of appropriate measures protected by law and in the exercise of its legitimate interests.
All information provided by the User through Fuenmayor's email provided on the Website must be truthful. To these effects, the User guarantees the authenticity of all the data communicated and will keep the information provided to Fuenmayor perfectly updated so that it responds, at all times, to the real situation of the User. In any case, the User will be solely responsible for any false or inaccurate statements made and for any damage caused to Fuenmayor or third parties by the information provided.
5. RESPONSIBILITIES AND WARRANTIES
Fuenmayor cannot guarantee the reliability, usefulness or truthfulness of absolutely all the information contained on the Website, nor the usefulness or truthfulness of the content made available to Users through them.
Consequently, Fuenmayor does not guarantee or take responsibility for:
(i) The continuity of the Website's contents;
(ii) The absence of errors in said contents;
(iii) The absence of viruses, trojans, worms and/or other malicious or technologically harmful components on the Website or on the server that supplies them;
(iv) The invulnerability of the Website and/or the impossibility of violating the security measures adopted therein;
(v) The lack of utility or performance of the Website's contents;
(vi) Website failures caused by any type of attack on its servers or those of third-party service providers of Fuenmayor, as well as technical or security failures of the system of any of said providers that prevent the proper functioning of the Website;
(vii) Any technical failure, of any type, that hinders, delays or prevents the correct operation of the Website;
(viii) The damages or harm that any person who infringes the conditions, rules and instructions that Fuenmayor establishes on the Website or through the violation of security systems may cause to themselves or to a third party.
Fuenmayor declares that it has adopted all necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Website and reduce system errors to a minimum, both from a technical point of view and of the content published on the Website.
Fuenmayor will not be responsible for the truthfulness, integrity or updating of the information published on the Website from sources outside Fuenmayor, nor for those contained in other platforms to which links are provided from the Website.
Fuenmayor reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, navigation or use of the Website, with or without prior notification, to Users who contravene any of the provisions detailed in this Legal Notice, without the possibility of demanding compensation for this cause.
6. FORCE MAJEURE
Without prejudice to the above, Fuenmayor will not be responsible for delays or failures that occur in the access, operation and operability of the Website and its contents, nor for interruptions, suspensions or malfunctioning of the same, when they originate from breakdowns produced by any force majeure situation or fortuitous cause.
Likewise, Fuenmayor will not be responsible for any breach or delay in the performance of any action when it is due to events that are beyond Fuenmayor's reasonable control ("Force Majeure Cause").
Force Majeure Causes will include any act, event, failure to exercise, omission or accident that is beyond Fuenmayor's reasonable control and, among others, the following:
(i) Strikes, lockouts or other protest measures;
(ii) Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war;
(iii) Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster;
(iv) Impossibility of using trains, ships, aircraft, motor transport or other means of transport, public or private;
(v) Impossibility of using public or private telecommunications systems;
(vi) Acts, decrees, legislation, regulations or restrictions of any government or public authority;
It will be understood that the aforementioned actions will be suspended during the period in which the Force Majeure Cause continues and Fuenmayor will have an extension in the deadline to comply with them for a period of time equal to the duration of the Force Majeure Cause. Fuenmayor will use all reasonable means to end the Force Majeure Cause or to find a solution that allows it to fulfill its obligations despite the Force Majeure Cause.
7. USER SUPPORT
Users have at their disposal the user support service through which Fuenmayor will attend to queries, complaints and suggestions raised by them.
Users can access the customer service through the following contact email: info@fuenmayorabogados.es.
Fuenmayor will respond to complaints or queries in the shortest possible time and, in any case, within a maximum period of one (1) month from the submission of the complaint.
If Fuenmayor has not satisfactorily resolved a complaint filed directly with it by a consumer, the latter may go to an alternative resolution entity notified to the European Commission, in accordance with the provisions of Law 7/2017 which incorporates into Spanish law Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes.
Likewise, in compliance with Article 14.1 of Regulation (EU) 524/2013 on online dispute resolution in consumer matters, an electronic link to the European Commission's online dispute resolution platform is provided here, available at https://ec.europa.eu/consumers/odr/.
8. PERSONAL DATA PROTECTION
In accordance with the provisions 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 ("GDPR") and Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights ("LOPDGDD") all personal data provided during the use of the Website will be processed in accordance with the provisions of the Privacy Policy that Users must read and, where appropriate, accept and/or consent to.
9. SAFEGUARD CLAUSE
All clauses or points of this Legal Notice must be interpreted independently, with the rest of the clauses not being affected in the event that one of them has been declared null by judicial judgment or arbitration award, in which case the affected clause or clauses will be replaced by another or others that preserve the effects pursued by this Legal Notice.
10. APPLICABLE LAW AND JURISDICTION
Access to and use of the Website will be governed and interpreted in accordance with Spanish legislation.
In the event that any conflict or discrepancy arises in the interpretation and/or application of the legal notice, the competent Courts will be those provided by the applicable legal regulations, and if permitted, any litigation will be submitted to the Courts and Tribunals of the city of Arrecife.