LEGAL ADVERTISMENT

12 July 2016

 

1. Legal information and acceptance

These provisions regulate the use of the Internet portal (hereinafter, the ‘Portal’) that JAP LEGAL S.L.P. (hereinafter, JAP) makes available to Internet users.

JAP LEGAL, S.L.P. with registered offices at Rambla de Catalunya, 121, Escalera Derecha, 2-3, 08008 Barcelona, Spain, and holder of Tax Registration Number C.I.F. B65894677, is registered in the Companies Register of Barcelona, Volume 43.567, Sheet 132, page B-432462. Telephone: + 34 931276745.

Access to the website is free of charge except for the cost of the connection through the telecommunications network provided by the internet access provider and contracted by the user. Certain services are for the exclusive use of clients and access to these services is restricted. In general, the services provided by this legal firm have the price that is indicated in the corresponding proposal of professional services, and these are not offered, provided or contracted through the Portal under any circumstances.

The use of the Portal confers the status of Portal user (hereinafter, the User”) and this implies acceptance of all the conditions included in this Legal Notice. The duration of the provision of the Portal service is limited to the time that the User is connected to the Portal. Therefore, the User must read this Legal Notice carefully each time that he or she intends to use the Portal, as both the Portal and the conditions of use included in this Legal Notice may undergo modifications.

The Portal may contain services that can be accessed by all Internet users or others that are for the exclusive use of JAP clients, which in turn may be subject to particular conditions, regulations and instructions which, in turn, substitute, complete and/or modify this Legal Notice and which must be accepted by the User when this service is accessed.

2. Intellectual and industrial property rights

All the content on this Portal, which shall be understood to refer to, but which is not limited to, the texts, photographs, graphics, images, icons, technology, software, links and other audio-visual or sound content, as well as its graphic design and source code (hereinafter, the Content”), are the intellectual property of JAP or third parties, without this implying that any of the exploitation rights recognised by the laws in force in matters of intellectual property relating thereto have been granted to the User, except for those that are strictly necessary in order to use the Portal.

All trademarks, commercial names or distinctive signs or logos are owned by JAP or third parties, and it may not be construed that access to the Portal grants any right over these trademarks, commercial names or distinctive signs or logos.

 

3. Conditions for using the portal

3.1 General

The User undertakes to use the Portal correctly in accordance with the Law and this Legal Notice. The User will be liable before JAP or before any third parties for any damages that might arise as a consequence of not fulfilling this obligation.

It is expressly expressly forbidden to use the Portal for purposes that injure or damage the assets or interests of JAP or those of third parties, or which in any other way overload, damage or render unusable the networks, servers and other computer hardware or computer products and applications (software) belonging to JAP or third parties.

3.2 Content

The User undertakes to use the Content in accordance with the Law and this Legal Notice, as well as any other conditions, regulations and instructions that might be applicable. In accordance with current legislation, the User must refrain from:

  1. Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Content except in those cases that are authorised by law or expressly consented to by JAP or by whoever holds the rights of use.
  2. Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Content except in those cases that are authorised by law or expressly consented to by JAP or by whoever holds the rights of use.
  3. Removing and/or reusing the totality or a substantial part of the content of the Portal or the databases that JAP makes available to Users.
3.3 Introducing links to the Portal

Any Internet users who wish to introduce links from their own websites to the Portal must request and obtain prior written consent to do so from JAP.

 

4. Exclusion of liability

4.1 Information

Access to the Portal does not imply any obligation by JAP to check the veracity, accuracy, adequacy, suitability, completeness and timeliness of the information supplied therein. The content of this website is of a general nature and and it does not represent, in any way, the provision of an advice service of any kind, and accordingly this information is insufficient for any personal or business decisions taken by the User.

JAP shall not be liable for decisions taken on the basis of the information provided, and which are the result of actions whose sole basis is the information that has been obtained on the Portal.

4.2 Quality of the service

Access to the Portal does not imply an obligation for JAP to control the absence of viruses, worms or any other harmful computer elements. In all cases, it is the responsibility of the User to have the appropriate tools for the detection and disinfection of malicious computer programs.

JAP shall not be liable for any damage caused to the computer equipment of Users or those of third parties during the provision of the service of the Portal.

4.3 Availability of the service

Access to the Portal requires the services and supplies of third parties, and these include, transportation over telecommunications networks whose reliability, quality, continuity and operation is not the responsibility of JAP. Accordingly, the services provided through the Portal may be suspended, cancelled or become inaccessible, prior to, or during the provision of the service of the Portal.

JAP does not assume liability for damages of any kind suffered by the User arising from failures or disconnections in the telecommunication networks and which might result in the suspension, cancelation or interruption of the service of the Portal while it is being provided, or prior to it being provided.

4.4 Content and services linked through the Portal

The service giving access to the Portal may include technical link devices, directories and even search tools that allow the User to access other pages and other Internet portals (hereinafter, Linked Sites).

Under no circumstances will the existence of Linked Sites presuppose the existence of an agreement with the persons in charge of these sites or with those who own them, nor does it imply any recommendation, promotion or identification by JAP of the statements, content or services provided.

JAP has no knowledge of the content and services of Linked Sites, and therefore it will not be liable for any damages caused by the illegality, quality, failure to update, unavailability, error and uselessness of the content and/or services of the Linked Sites, or any other damages that are not directly attributable to JAP.

 

5. Protection of personal data

5.1 Processing of personal data

Pursuant to the provisions of Organic Law 15/1999 of 13 December on Personal Data Protection (‘LOPD’), you are informed that the personal data and information that you provide us with when filling out any electronic form available on the Portal (‘Data’), will be incorporated into a personal data file owned by JAP. The purpose of the processing of the Data is to make it possible to follow up on your request. The questions included in each of the forms are optional, except for those marked with an asterisk (*) which must be answered. In the event of the compulsory questions not being answered, JAP reserves the right to refuse to process any incomplete requests.

5.2 ARCO Rights

User may exercise their rights of Access, Rectification, Cancellation and Opposition (‘ARCO’ Rights) under the terms provided for by law, and to exercise these rights they should a written communication should be sent to the following postal address: JAP Department of Data Protection de and Privacy, Rambla de Catalunya, 121, Escalera Derecha, 2-3, 08008 Barcelona, or else an e-mail message can be sent to the following e-mail address: arco@japlawyer.com, and users should indicate their name and surnames in both cases.

5.4 Security measures

JAP complies with the levels of security required under the provisions of Royal Decree 1720/2007 of 21 December, approving the Regulations for the implementation of the LOPD, adapted to the nature of the data that are being processed at any given time. Notwithstanding the foregoing, technical security in a medium such as Internet is not impregnable and there may be wilful and harmful attacks by third parties.

5.3 Cookies and privacy policy

In fulfilment of the provisions of Article 22.2 of the LSSI (Law on Electronic Information and Commerce), JAP will only use devices to store and retrieve data (known as Cookies) when the user has granted his or her prior consent for this in accordance with what is indicated in the user’s pop-up browser window when he or she accesses the Portal for the first time.

 

6. Legislation

This Legal Notice is governed in each and every one of its points by the legislation currently in force in Catalonia.