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 París, 71 - 08029 Barcelona |   +34 937 377 377 |   toni@groupbga.es

Legal notice

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Legal notice2019-02-01T11:24:54+00:00

The website www.groupbga.es (hereinafter “the Website”) is owned by BUNKER GLOBAL ADVISORY SL (hereinafter “the COMPANY”),
c/ París, 71
08029 Barcelona
Tel. +34 937 377 377
toni@groupbga.es
B65815870

The COMPANY hereby welcomes and invites you to carefully read the General Conditions of Use of this Website (hereinafter, the “General Conditions of Use”) described by the terms and conditions applicable to your use thereof, in accordance with applicable Spanish regulations. Given that the COMPANY may modify these Conditions of Use in the future, we recommend that you review them periodically to be duly informed of any changes made.

For the purpose of complying with criteria of transparency, clarity and simplicity of Website usage, the COMPANY hereby informs the User that any suggestions, doubts or queries regarding the General Conditions of Use may be sent to the COMPANY at the following email address: toni@groupbga.es

1. Purpose

The COMPANY provides the content and services available on the Website, subject to these General Conditions of Use and its policy on the processing of personal data (hereinafter, the “Data Protection Policy”). Accessing this Website or using it in any way gives you the status of “User” and implies full acceptance of all these General Conditions of Use, which the COMPANY reserves the right to modify at any time. Therefore, all Users shall be responsible for carefully reading the current General Conditions of Use each time he/she accesses this Website, so that in case he/she does not agree with any of them as they are laid out, he/she shall respectfully refrain from using the Website.

Likewise, the User is hereby informed that, on occasion, special conditions may be established for the use of specific content and/or services on the Website. Use of said content or services shall imply acceptance of the specific conditions specified therein.

2. Services

Through this Website, the COMPANY offers Users the possibility of accessing: Information about the COMPANY, its contact information, products and services, rates, commercial offers, location, a contact section for queries in which the User provides personal data, and links to social networks (hereinafter the “Services”).

3. Privacy and Data Processing

When providing personal data is necessary to access certain content or services, Users shall guarantee the veracity, accuracy, authenticity and validity thereof. The COMPANY shall automatically process such data according to its nature or purpose, under the terms laid out in the Data Protection Policy section.

4. Intellectual and Industrial Property

The User hereby acknowledges and accepts that any content displayed on the Website, especially designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs likely to be for industrial and/or commercial use are subject to Intellectual Property rights and that all trademarks, trade names or distinctive signs, industrial and intellectual property rights over the content and/or any other elements included on the page are the exclusive property of the COMPANY and/or third parties who have the exclusive right to use them in their economic traffic. Therefore, the User agrees not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such content, maintaining the COMPANY harmless from any claims arising from infringement of these obligations. Under no circumstances does access to the Website imply any type of waiver, transmission, license or total or partial transfer of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly laid out herein. Any other use or exploitation of any rights shall be subject to prior and express authorization specifically granted for this purpose by the COMPANY or the third party owner of the rights in question.

The content, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation present on this Website, as well as the Website as a whole, considered to be a multimedia artistic work, are protected by author’s rights under legislation on intellectual property. The COMPANY owns or has the corresponding authorization to use of the elements that make up the graphic design of the Website, the menus, browser buttons, HTML code, texts, images, textures, graphics and any other content of the Website. The content available on the Website may not be reproduced, transferred or registered either partially or in its entirety by any information retrieval system, in any form or in any medium, unless prior written authorization is granted by the aforementioned Entity.

Moreover, it is prohibited to remove, evade and/or tamper with the copyright, technical protection devices or any information mechanisms that the content may contain. The User of this Website undertakes to respect the rights laid out and to prevent any act that may violate them. In any case, the COMPANY reserves the right to exercise any corresponding legal means or actions in defense of its legitimate intellectual and industrial property rights.

5. Obligations and Responsibilities of the Website User

The User undertakes to:

Make appropriate and lawful use of the Website, as well as its content and services, in accordance with: (i) the legislation applicable at any time; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good customs and (iv) public order.

Provide any technical means or requirements needed to access the Website.

Provide truthful information when completing Website forms with their personal data and keep them updated at all times so they reflect the User’s real situation, at all times. The User shall be exclusively responsible for any false or inaccurate statements and the damages caused to the COMPANY or third parties by the information provided.

However, as established in the previous section, the User must also refrain from:

a) Making unauthorized or fraudulent use of the Website and/or content for illegal purposes or effects, prohibited by these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may harm, disable, overload, damage or prevent normal use of the services or documents, files or any kind of content stored on any computer device.

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

c) Causing damage to the software or hardware of the Website, its suppliers or third parties.

d) Transmitting or disseminating computer viruses or any other physical or logical systems that are likely to damage the software or hardware of the COMPANY, its suppliers or third parties.

e) Attempting to access, use and/or tamper with data belonging to the COMPANY, third-party providers or other Users.

f) Reproducing or copying, distributing, providing public access through any form of public communication, transforming or modifying the content, unless the User has received authorization from the owner of the corresponding rights or it is legally allowed.

g) Deleting, hiding or tampering with intellectual or industrial property right notices or other data identifying the rights of the COMPANY or third parties included in the content, as well as technical protection devices or any information mechanisms that may be included in the content.

h) Obtaining or attempting to obtain content using means or procedures other than those that, as the case may be, have been made available for this purpose or are expressly indicated on the Webpages where the content is located or, in general, those that are commonly used on the Internet because they do not pose a risk of damaging or disabling the website and/or its content.

i) Specifically, but not exclusively, transmitting, disseminating or transferring to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:

(i) In any way goes against, disregards or violates the fundamental rights and public freedoms constitutionally recognized in International Treaties and all other legislation in force.

(ii) Induces, incites or promotes criminal, slanderous, defamatory, violent or, in general, unlawful or immoral practices or those that go against generally accepted good customs or public order.

(iii) Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or ability.

(iv) Includes, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, unlawful or immoral or that go against generally accepted good customs or public order.

(v) Induces or may induce an unacceptable state of anxiety or fear.

(vi) Induces or incites engagement in behavior that is dangerous, risky or harmful to one’s health and psychological balance.

(vii) Is guarded by legislation on intellectual or industrial protection belonging to the COMPANY or third parties without authorization for the intended use.

(viii) Goes against the right to honor, personal and family privacy or self image of individuals.

(ix) Constitutes any form of advertising.

(x) Includes any type of virus or program that hinders normal operation of the Website.

If given a password to access some of the services and/or content of the Website, the User must use it diligently, keeping it confidential at all times. Consequently, the User is responsible for proper custody and confidentiality thereof, undertaking not to temporarily or permanently transfer it to third parties or allow third parties access to the aforementioned services and/or content. Likewise, the User must inform the COMPANY of any event that may imply improper use of the password, such as, but not limited to, its theft, loss or unauthorized access, so that it may be canceled immediately. Therefore, if the User does not provide such notification, the COMPANY shall be exempt from any liability that may arise from misuse of the password, making him/her responsible for any illegal use of the content and/or services of the Website by any illegitimate third party.

If the User negligently or intentionally fails to comply with any of the obligations set forth in these General Conditions of Use, he/she shall be liable for any damages and losses that may arise for the COMPANY from said breach.

6. Responsibilities

The COMPANY does not guarantee uninterrupted access or the correct display, download or use of the elements and information contained in the pages of the Website, which may be impeded, hindered or interrupted by factors or circumstances beyond its control.

The COMPANY is not responsible for the decisions that may be made as a result of access to content or information offered.

The COMPANY may interrupt the service or immediately terminate its relationship with the User if it detects that any use of its Website or any of the services offered on it go against these General Conditions of Use. The COMPANY is not responsible for damages, losses, claims or expenses derived from use of the Website. It shall only be held responsible for removing, as soon as possible, content that may cause such damage, provided that it is informed thereof. In particular, it shall not be held responsible for damages that may arise from the following situations, among others:

(i) Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system caused by deficiencies, overloads or errors in telecommunication lines and networks, or by any other cause beyond the control of the COMPANY.

(ii) Illegal intrusions through the use of malicious programs of any kind, such as computer viruses, or any other means of communication.

(iii) Improper or inappropriate use of the Website.

(iv) Security or browsing errors caused by a malfunction of the browser or by the use of non-updated versions thereof. The directors of the COMPANY reserve the right to entirely or partially withdraw any content or information available on the Website.

The COMPANY shall not be held responsible for damages of any kind that may arise from misuse of the services freely available and used by Website Users. Moreover, the COMPANY is exempt from any responsibility for the content and information that may be received as a result of data collection forms, which serve solely to provide service for questions and concerns. On the other hand, in the case of damage caused by unlawful or incorrect use of said services, the COMPANY may claim any damages or losses caused from the User.

The User shall defend, indemnify and hold the COMPANY harmless against any damages arising from claims, actions or lawsuits of third parties as a result of his/her access or use of the Website. Additionally, The User hereby agrees to indemnify the COMPANY for any damages and losses arising from the use of robots, spiders, crawlers or similar tools used to collect or extract data or perform any other action on its own that places an unreasonable burden on the operation of the Website.

7. Links

The User undertakes not to reproduce the Website of the COMPANY, as well as any of its content, in anyway, including through links, except with express written authorization from the COMPANY.

The COMPANY’s Website contains links to other websites managed by third parties in order to facilitate the User’s access to information from collaborating and/or sponsoring companies. In this regard, the COMPANY is not responsible for the content of these websites, nor is it in a position of guarantor or offering party of the services and/or information that may be offered to third parties through the links of third parties.

The User is granted the limited, revocable and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial purposes. Websites that include a link to our Website (i) may not imply that the COMPANY recommends that website or its services or products; (ii) may not falsify their relationship with the COMPANY or state that the COMPANY has authorized the link, or include trademarks, denominations, trade names, logos or other distinctive signs of the COMPANY; (iii) may not include content that may be considered distasteful, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, or that is unlawful or contrary to public order; (iv) may not link to any page of the Website other than the main page; (v) must link to the Website’s own address, without allowing the website that establishes the link to reproduce the Website as part of its own website or within one of its frames or create a browser on any of the pages of the Website. The COMPANY may request, at any time, the removal of any link to the Website, after which it must be immediately deleted. The COMPANY can not control the information, content, products or services provided by other websites that have established links to the Website.

Therefore, the COMPANY takes no responsibility for any aspect related to such websites.

8. Data protection

Users must provide certain personal data to use some of the Services. To that end, the COMPANY shall automatically process any Personal Data in compliance with the Personal Data Protection regulations. For this purpose, the User may access the policy on the processing of personal data, as well as the previously established purposes, as set forth in the conditions defined in the Data Protection Policy presented by the Website.

9. Cookies

The COMPANY reserves the right to use cookie technology on the Website in order to recognize the User as a frequent user and customize his/her use of the Website through a preselected language or other desired or specific content. The cookies used by the Website or the third party acting on its behalf are associated only with an anonymous user and his/her computer, and do not provide the User’s personal data.

Cookies are files sent to a browser through a Web server to record the User’s browsing session on the Website, when accepted by the User. Users may also remove cookies by following the instructions for use of their Internet browser.

Thanks to cookies, it is possible for the COMPANY to recognize the browser of the computer used by the User in order to provide content and display their browsing and advertising preferences, as well as to recognize their demographic profile to measure visits and traffic parameters and monitor the progress and number of visits.

10. Duration and termination

In principle, this Website service and other services shall be provided indefinitely. However, the COMPANY may terminate or suspend any of the services of the portal. The COMPANY shall announce the termination or suspension of the given service, whenever possible.

 

11. Representations and Warranties

In general, the content and services offered on the Website are purely informative. Therefore, by offering them, the COMPANY does not grant any warranty or representation regarding the content and services offered on the Website, including, but not limited to, warranties of legality, reliability, usefulness, accuracy, or merchantability, except to the extent by which such representations and warranties can not be legally excluded.

12. Force majeure

In the event that it becomes impossible to continue providing service, the COMPANY shall not be held responsible when this is due to prolonged interruptions of the power supply, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general any case of force majeure or fortuitous events.

13. Dispute resolution. Applicable legislation and jurisdiction

These General Conditions of Use, as well as the use of the Website, shall be governed by Spanish legislation. Any dispute shall be resolved before the courts.

In the event that any provision of these General Terms of Use is unenforceable or void by virtue of applicable legislation or as a consequence of a judicial or administrative decision, such unenforceability or nullity shall not render these General Conditions of Use to be unenforceable or null as a whole. In such cases, the COMPANY shall modify or replace said provision with another that is valid and enforceable and that, inasmuch as possible, achieves the objective and claim reflected in the original provision.