LEGAL NOTICE
The present clauses regulate the use of the Internet Gateway service (hereinafter, the ‘Gateway’) that Efizia provides at the domain www.Efizia.com, under the terms of the present General Conditions. Efizia, through Solsegur SL, possesses Fiscal Identification Code (CIF) XXXXXXXX. Access to the webpage is free, save that relating to connection costs through the various telecommunications network that are contracted by users. Determined services are for the exclusive use of our clients and access to them is restricted.
The use of the Gateway requires status as a User (hereinafter, the ‘User’) and implies acceptance of all the conditions included in this Legal Notice. The providing of the Gateway service is given for a limited period of time starting from the moment in which the Users connect to the Gateway or any of the services that are provided through the same. Therefore, the Users shall carefully read the present Legal Notice on all of the occasions that they intend to use the Gateway, given that the Legal Notice and the condition for use contained in the same are subject to change. Through the webpage, users can learn about products and services that are offered by Efizia. The User or Customers declare that they have read, understood, and accept, without reserve or exception, all of the present “General Conditions for Use” that are set forth in the present document. Moreover, both will be subject to those particular conditions that are made known to them with relation to specific services whenever they are do not reject the same. Efizia reserves the right to modify the presentation, configuration, content, and conditions for the use, of the webpage, without the need to give prior notification of the same, as well as modify the present policy, and suit it to relevant legislative and legal developments. Some Gateway services that are accessible to all Internet Users, or that are for the exclusive use of Efizia customers, may be subject to particular conditions, regulations, and instructions, in which case they substitute, complete and/or modify the present Legal Notice, and shall be accepted by the User before the initiation of the corresponding supply of services.
CONDITIONS FOR THE USE OF THE GATEWAY
General Conditions
The User is obligated to properly use the Gateway in conformity with the Law and the present Legal notice. The User will be responsible before Efizia, or before third parties, for any damages that could occur as a consequence of the non-fulfillment of said obligations. The use of the Gateway is expressly prohibited for wrongful ends or purposes that are harmful to Efizia or third-party interests, or which in any other way overload, damage, or make misuse of networks, servers, and all other computer equipment (hardware) or products and computer applications (software) belonging to Efizia or to third parties.
Intellectual and Industrial Property
All Gateway content, understood by the same to include, but not be limited to, the text, photographs, graphics, images, icons, technology, software, links, and all other audiovisual or audio content, as well as their graphic design and source code (hereinafter, the ‘Content’), are Efizia’s or third-party’s intellectual content, without usage rights to the same, beyond that which is strictly necessary for proper Gateway use, being transferred to the User in any way. The brands, commercial names, or distinct designs are the property of Efizia or third parties, without access to the Gateway signifying any transference of rights to the cited brands, commercial names, or distinct designs.
Content
The user hereby agrees to use the Content in conformity with the Law and the present Legal Notice, as well as any and all other conditions, regulations, and instructions that may apply in conformity with that hereinbefore set forth. By way of example, the User, in agreement with current legislation, shall refrain from: Reproducing, copying, distributing, making available, publicly communicating, transforming, or modifying the Contents, save for those cases that are authorized by Law or expressly permitted by Efizia, or whomever exercises ownership of the usage rights in case. Reproducing or copying for private use the Content that could be considered to be Software or Database information in conformity with the current legislation on intellectual property, as well as their public disclosure or their being made available to third parties when these acts necessarily imply reproduction by the User or a third party. Extracting and/or reusing the totality, or a substantial part, of the Content that composes the Gateway and the database that Efizia makes available to Users.
Data-Gathering Forms
Without prejudice to that set forth in clause 5 of the present Legal Notice, a request for a budget or additional information through the above email address does not suppose the use of any pre-established form. All information that the User provides in its communications with Efizia shall be truthful. To this end, the User shall guarantee the authenticity of all information that is communicated and shall keep all information that is provided to Efizia perfectly up to date in the way that, at any moment, it corresponds to the real situation of the User. Under all circumstances, the User will be the only party responsible for false or inexact statements that it makes, and for the damages that it causes to Efizia, or to third parties, by way of the information that it provides.
The Inclusion of Links to the Gateway
The Internet User that wishes to include links from its own websites to the Gateway shall comply with the conditions that are herewith enumerated, without unawareness of the same relieving of them of their responsibilities before the Law: The link shall only link to the homepage or main page of the Gateway but shall not reproduce it in any way (inline links, copies of texts, graphics, etc). It shall be in all cases prohibited, in agreement with applicable legislation, in force at any time, to establish frames or borders that in any way contain or border the Gateway, or otherwise allow viewing of Content through Internet addresses that are distinct to those of the Gateway, and, which, in any way, jointly display the Gateway alongside foreign content in a way that: (I) produces, or could produce, error or confusion on the Users’ behalf about the true source of the service or Content; (II) suppose an act of comparison or disloyal imitation; (III) serves to take advantage of the brand reputation and renown of Efizia; or (IV) is in any way prohibited by current legislation. No type of false, inexact, or incorrect statements shall be made about Efizia, its partners, employees, clients, or about the quality of services that it offers on the page that displays the link. In no case shall the page on which the link is placed express that Efizia has given consent for the insertion of the link or that it in anyway sponsors, collaborates, verifies, or supervises the services of the linking party. The use of any type of denominative, graphic, or mixed brand or any other distinctive Efizia mark on the linking page is prohibited by the linking page, save those cases permitted by Law, or when expressly authorized by Efizia, provided that a direct link to the Gateway, in these cases, is permitted in the way established in this clause. The page that creates the link must faithfully comply with the law, and shall not in any case make available or link to its own, or third-party content, that: (I) is illegal, repulsive, or contrary to morals and good manners (pornographic, violent, racists materials, etc.); (II) induces or includes the User in the false conception that Efizia backs, subscribes to, adheres to, or in any way supports, the ideas, statements, or expressions, legal or illegal, of the linking party; (III) are inappropriate or not pertinent to Efizia activity with respect to the place, content, and subject matter of the linking party’s webpage.
LIMITING OF RESPONSIBILITY
Regarding information
Access to the Gateway does not imply an obligation on behalf of Efizia to confirm the veracity, exactness, adequacy, suitability, exhaustiveness, or relevance of the information supplied through the same. The contents of this page are general terms and do not constitute, in any way, the lending of legal or financial advisory services of any type, thus, said information is not sufficient for personal or business decision-making by the User. Efizia does not take responsibility for the decisions that are made based on the information provided in the Gateway nor for damages that occur to the User or third parties by way of acts that are solely based on the information obtained from the Gateway. Efizia is not responsible, indirectly or contingently, for damages of any type that could arise from the contents of texts that are sent by the client, requesting their audio and/or visual soundtracking, in particular those texts that infringe upon intellectual property rights or attack the right to freedom from injury to honor, self-image, and family image, as well as that text that contains untruthful or immoral or information that disturbs the public peace or infringes on the civil good. Therefore, the Customers declare it be their exclusive responsibility, and a necessary condition for the acceptance of the provided content, to demonstrate the legitimate ownership of the usage rights of all intellectual and industrial property rights corresponding to the content made available to Efizia for their later audio and/or visual soundtracking, without said rights being contested or claimed against Efizia by third parties. As a consequence, the Customer will be held directly responsible for the content of the text that it sends to Efizia for soundtracking of the same. Efizia reserves the right to reject the voice-recording of texts whose content it considers illegal, racist, criminal, expressing approval of terrorism, in violation of human rights, defamatory, pornographic, involving fraud, or any other type in general that breaks the international or domestic legislation that is in force. Efizia shall not assume any type of responsibility for the information, content, or services of any type for any websites that Efizia links to by way of hypertext links or banners.
Regarding quality of service
Access to the Gateway does not involve any type of obligation on behalf of Efizia to control for the absence of viruses, worms, or any other type of harmful program elements. It is the users responsibility, in all cases, to use the proper tools for the detection and elimination of harmful programs.
Regarding the availability of service
Access to the Gateway requires third-party services and supplies, including telecommunication network services whose fidelity, quality, contiguity, and functioning are not the responsibility of Efizia. Therefore, the services provided through the Gateway may be suspended, canceled, or be inaccessible, either previous to, or concurrently with, the lending of the Gateway service. Efizia does not take responsibility for damages of any kind caused to the User that cause network failures or disconnection and which produce the suspension, cancellation, or interruption of the Gateway service during the use of the same or beforehand. Efizia does not take responsibility for damages caused to the computer equipment of Users or third parties during the use of the Gateway service, including erasure, incomplete transmission, or delays in communications, not being responsible for the proper functioning of the transmission network at any time.
Regarding Content and Services that are Linked to Through the Gateway
The Gateway access service includes technical devices such as links, directories, and search elements, which allow the user to access other pages and Internet gateways (hereinafter ‘Linked Sites’). In this case, Efizia acts as an intermediary provider of services in conformity with article 17 of Law 32/2002, dated July 12, Electronic Commerce and Informational Organizations’ Services (Servicios de la Sociedad de la Información y el Comercio Electrónico – LSSI), and shall only be held responsible for the contents and services provided on the Linked Sites insofar as it is aware of illegality therein contained and when it has not deactivated the link with all due diligence. In the case that Users believe that a Linked Site contains illegal or unsuitable content, they may communicate the fact to Efizia in agreement with the procedure and effects established in the COMMUNICATION OF UNSUITABLE OR ILLEGAL ACTIVITIES CLAUSE, without this notification carrying with it an obligation to remove the corresponding link. In no case shall the existence of Linked Sites presuppose the existence of agreements with the owners or responsible parties of the same, nor the recommendation, promotion or identification of Efizia with statements, content, or services whenever Efizia is not aware of the content and services of the Linked Sites. Therefore, Efizia is not responsible for the damages produced by the illegality, quality, lack of relevance, unavailability, error, or uselessness of the content and/or services of the Linked Sites or for any other damages that cannot be directly imputed to Efizia.
Security of Personal Information
The information that is collected in communications with Efizia will be incorporated into an electronic data file of a personal nature, whose owner is Efizia. This entity will keep all information confidential, with the exclusive end of managing relations with its clients and advancing its normal activities. Likewise, Efizia shall cancel, delete, and/or block the information when it is found to be inexact, incomplete, or is no longer necessary or relevant for its ends, in conformity with that set forth in legislation treating data security. The User expressly agrees that its data may be used for the sending of commercial communications by email, or by any other means. The User may revoke consent and exercise access, correction, cancellation, and opposition rights, getting in contact with the address stated in clause 1 for such effects and clearly stating the concrete right being exercised. Efizia employs security standards required by Security Measure Regulations, approved by Decree 994/1999, dated June 6. Notwithstanding the foregoing, the technical security of a medium such as the Internet is not absolute, and harmful infiltrations by third parties are possible. Efizia shall use cookies in the providing of Gateway services. Cookies are automatic information-collecting programs dealing with the preferences determined by users during their visits to specific webpages. This information is recorded in small files that are saved in the users’ equipment in an imperceptible way. Each time the user accesses the website in question, these files are automatically activated so that the website is configured with the preferences stated on prior visits. In short, cookies are physical data files containing personal information that is stored in the user’s own equipment and that is inextricably associated with this equipment. The cookies cannot access cookie files created by other providers. Users have the option of configuring their web browsers so as to prevent the creation of cookie files or inform of the moment in which the same occurs. The Gateway is accessible without having to have cookies options activated, even if their deactivation may impede the correct functioning of security mechanisms for exclusive services or for determined services that require increased security. In general, the aim of Gateway cookie files is to facilitate User navigation.
Communication of Illegal or Inappropriate Activities
If the User or any other Internet user becomes aware that the Linked Sites contain or link to pages whose contents or services are illegal, repulsive, denigrating, violent, or contrary to good morals, they may get in contact with Efizia by telephone at 971227845, or by email at info@Efizia.com, including the following information: Personal information of the informer: name, address, telephone number, and email address; Description of the facts that indicate the illegal or inappropriate character of the Linked Site; In the case of a violation of rights, such as intellectual and industrial property rights, the personal information of the owner of the infringed rights whenever it is a person other than the informer. Likewise, the documents that accredit legitimacy of rights ownership shall be included, and if necessary, those documents declaring authorization to act on behalf of the owner when it is a person other than the informant; An express declaration that the information contained in the claim is exact. Reception by Efizia of the communications foreseen in this clause shall not suppose, according to that contained in the Electronic Commerce and Informational Organizations’ Services (Servicios de la Sociedad de la Información y el Comercio Electrónico – LSSI), the effective awareness of the activities and/or content indicated by the informer.
LEGISLATION
The present Legal Notice is governed, in all cases, and in all applications, by Spanish Law. In the case of a lawsuit, both parties will defer to the Judges and Courts of Palma de Mallorca, with express renunciation of their own jurisdiction if different than the same. The Users state that they have read, understood, and accept the present General Conditions and all its consequences.