Terms of use and liabilities
TERMS OF USE AND LIABILITIES
1) LEGAL NOTICE
Through this Legal Notice, SIRK IDIOMAS S.L., acting under its trade name, SIRK (hereinafter, SIRK), possessing the Tax Identification Number B-80498439 and having its registered office at c/Alcántara no. 27, 28006, Madrid, and being the owner of the web site, www.joseg51.sg-host.com, shall regulate the use of the Internet web site service, www.joseg51.sg-host.com, that is made available to Internet users.
Use of the web site and perusal of the general conditions below entails users’ full and express acceptance of same, in which respect users assume full responsibility for the total or partial breach of the general and specific provisions set out herein and for any legal proceedings that may arise as a result of this violation. Therefore, users must read each and every one of the provisions, together with any subsequent changes that may be introduced, including both the general terms of use and any particular or specific conditions that may be added, both of which shall be applied and which users can peruse through access to the web site. For its part, SIRK undertakes to notify users of all modifications and changes that are made and the inclusion of any new clauses into the section entitled “Terms of Use and Liabilities.” In this respect, SIRK reserves the right to modify these general terms of use in order to adapt them to the legislation that may be applicable at any particular time, as well as any new jurisprudence and habitual market practices.
These general conditions of use do not exclude the possibility that certain services on the web site, due to their characteristics, may also be subject to specific conditions of use, which, in any case, may be consulted by users before they are activated.
2) SERVICES AND ACTIVITIES
Through its web site, www.joseg51.sg-host.com, SIRK offers the following contents, services and activities typical of a translation company: “certified, legal, financial, technical and general translation services; simultaneous, bilateral and consecutive interpretation services.” These activities include certified translations (contracts, affidavits, administrative documents, reports, procedures, judgements, legal texts etc.), economic-legal translations, technical translations and translations in general, in addition to translation, review and transcription services that cater for the needs of companies or public entities that require them.
SIRK may, depending on the development and evolution of the company and the industry, expand its web site in order to include new contents, services and activities, thus enhancing the performance and quality of the services provided. Conversely, SIRK also reserves the right to cancel, modify, replace or restrict these contents, services and activities, expressly and without providing prior notice to users.
All prices shown must be confirmed by a member of SIRK prior to contracting of services.
3) CONDITIONS REGARDING WEB SITE ACCESS AND USE. USER ACCEPTANCE AND LIABILITY
1. User status, type and definition: “User” shall mean any person or entity that accesses the web site, www.joseg51.sg-host.com, in order to contemplate, envision, explore, search or browse its contents or locate, acquire or purchase any services that are of interest.
In order to access the web site for consultation, search or display, no prior express and approved registration is required and users are not required to furnish any personal details. However, the use of certain services may be subject to prior registration. Users are only required to register and furnish their personal details when contacting the company in relation to a query associated with the services offered by SIRK on its web site. In these cases, users are not required to complete any formal user registration process, although it is essential that they freely, voluntarily and expressly furnish and communicate their personal details and authorise use of same for processing purposes. SIRK assumes responsibility for use of these details in accordance with the provisions established in the Data Protection Law and guarantees that it has taken all necessary security measures of a technical and organisational nature in order to safeguard the confidentiality and integrity of this information, in accordance with the provisions set out in General Act of Parliament 15/1999 for the Protection of Personal Data, dated 13th December, and Regulation 994/1999, dated 14th June, which complements this founding legislation.
2. Free services: In general, access to the web site shall be free of charge. Nevertheless, the acquisition of any service displayed or offered on the web site shall be subject to a financial consideration equivalent to the value of the service rendered, in accordance with the terms and conditions established in the specific provisions relating to said service.
3. Use of the web site: users recognise and accept that use of the contents and/or services offered by the web site shall be under their own risk and/or responsibility.
Users undertake to use the web site and the corresponding services in accordance with the law, the general conditions, the specific conditions established for certain services and all other notices, regulations of use and instructions made available to them, as well as in accordance with generally-accepted good and upstanding practices. Furthermore, users undertake to make appropriate use of the services and/or contents of the web site and not to employ same in order to carry out illicit or criminal activities or activities that violate the rights of third persons and/or that breach industrial and intellectual property regulations or any other legal regulations or laws that may be applicable.
Users undertake not to introduce to the web site or disseminate via the web site any viruses or harmful systems that are likely to damage the computer systems belonging to SIRK or third-party suppliers or thirty-party users. They also undertake not to introduce hyperlinks that provide access to the web pages and the corresponding services on the web site without prior consent.
Users undertake not to carry out any action that may discredit SIRK or any third party.
4. Truthful information: The information furnished by users must be truthful at all times, with users being liable for all and any declarations, details, contents, information and facts that are false, vague or inaccurate. When furnishing personal details as part of user registration questionnaires, this information must be accurate and reliable. Users undertake to provide notification of any change or modification regarding their personal details, effectively bringing them into line with their true situation. Inaccurate information shall exempt SIRK from any liability regarding lack of information concerning users in relation to services and activities, provided that SIRK has proceeded with due diligence in its notifications. Notwithstanding the above, users shall bear sole responsibility for any false and inaccurate declarations that they might make and for the negative consequences that said declarations might cause SIRK or third parties.
5. Acceptance by users: through the mere use of the web site and perusal of the general conditions and, where appropriate, the specific conditions, users undertake to unreservedly accept all of the conditions set out herein, assuming responsibility for any inappropriate, irresponsible, negligent, culpable or deceitful use of the web site and its contents. Users also accept all and any consequences and liabilities vis-à-vis any legal or judicial procedures that may arise as a result of their actions.
4) RESPONSIBILITY FOR THE CORRECT FUNCTIONING AND CONTENTS OF THE WEB SITE:
1. Correct functioning and ongoing availability: SIRK shall not be responsible for failures regarding the functioning of the web site or for any interruption, delay, slowness, loss or disconnection regarding communications and the transmission of messages. SIRK does not guarantee and shall not be responsible for the ongoing, constant and uninterrupted functioning and operability of the web site.
2. Liability for damage to users: SIRK shall not be responsible, either indirectly or collaterally, for any negative consequences of any kind that may affect users as a result of the presence of a virus or other content elements and services rendered by third parties that may alter users’ computer systems. Neither shall SIRK be responsible for any negative consequences that may affect users as a result of failure or errors regarding access, connections, transmissions, unjustified interruption of service, intrusions, computer viruses and mass mailings of advertising. SIRK shall not accept responsibility for any consequences owing to circumstances unconnected with the web site, such as, for example, defects in users’ computers, deficient connections, viruses inside users’ computers, slow communications links and problems that users may experience with telephone service operators. Neither shall SIRK be responsible for any consequences that are due to Act of God.
3. Liability regarding contents: SIRK does not guarantee the quality, accurate nature or reliability of the details, programmes, information and opinions that may circulate on the web site, whatever their origin. Users shall be solely responsible for any consequences, damage or actions that might arise from their access to said contents.
4. Liability with regard to third parties: SIRK shall not be responsible for actions carried out by third parties unconnected to the system, who, by breaking the web site’s security measures, carry out acts against users, such as the mailing of computer viruses, mass advertising or spam, trading e-mails, service interruption and access to messages.
SIRK declares that it has adopted all technical, organisational and legal measures to ensure communications security, both in terms of secure connections and with regard to personal data protection. However, SIRK cannot ensure and guarantee the complete invulnerability of the security system or the complete inviolability of communications, being exempt from responsibility in this respect. Exoneration of responsibility shall be conditional upon SIRK being able to prove that it was unaware of these computer viruses or actions by third parties or, being aware of same, that it acted with all due diligence to remove data, prevent access and eliminate viruses on computer files, informing the competent authorities of the situation accordingly.
SIRK shall not be liable for any negative consequences that may arise due to Act of God, fortuitous circumstances or situations that are not attributable to the company. Neither shall SIRK be responsible for the poor functioning of the web site for reasons beyond its control, including but not limited to the poor functioning of telephone service operators, the poor configuration of users’ computers or the insufficient capacity of users’ computer systems when it comes to supporting the contents and the amount of information displayed on the web site. Nevertheless, SIRK undertakes to do everything in its power to resolve technical problems or help users resolve problems of this kind.
5) INDUSTRIAL AND INTELLECTUAL PROPERTY
The contents, elements and information that users are able to gain access to through the web site are subject to and protected by Industrial and Intellectual Property Regulations, including all brands, trade names, legends, graphics, logos, patents and copyrights that belong exclusively to SIRK and which are protected by national, Community and international legislation regarding industrial property.
Users undertake not to remove, modify, plagiarise or alter any distinguishing mark, trademark, trading name, legend, graphic or logo. Users accept that access to the web site does not grant them any rights regarding ownership of same, nor any right to alter or modify the web site. Neither do they possess any rights with regard to exploitation, unlawful appropriation and marketing. Users shall not carry out any act of slander, confusion, deceitful use of reputation or any other act of unfair competition that may violate SIRK’s industrial property rights.
The contents, designs, drawings and illustrations on the web site all belong exclusively to SIRK and are protected by the corresponding national and international legislation. Users recognise that SIRK’s intellectual property rights are protected by the provisions set out in Intellectual Property Regulations. Users recognise that none of the rights established herein are ceded to them and they undertake not to exploit said rights, reproduce them, announce them publicly, distribute them or de-compile them. Users shall be responsible for any action that may violate these rights and shall be the sole party that is liable vis-à-vis third parties, being answerable for any legal or judicial proceedings that may arise as a result of said violation.
In this respect, users undertake to use this information exclusively for their own needs, for consultation and for assistance. They undertake not to carry out, either directly or indirectly, any commercial exploitation of the services, products and contents contained herein and not to carry out any act that breaches the industrial or intellectual property rights of the owner or owners. Users also undertake not to incite third parties or thirty-party competitors, both with regard to themselves and to SIRK, to carry out unlawful acts or acts of unfair trading that may affect the company’s positioning, generate confusion, create an association and discredit the company’s image, brand or trade name, or carry out any comparable acts that may hinder the establishment, progress or proper development of SIRK within the marketplace. Users shall not use SIRK’s distinguishing marks in order to carry out any trading measure or sale without authorisation, either for their own benefit or for that of others. Users shall refrain from any action that may be contrary to proper moral and public order and good practices, as well as any act that is contrary to the dignity, honour, image and privacy of persons and families, or that may be illegal and immoral and contrary to good practices.
Users shall be solely responsible for any unlawful acts that they may commit, holding SIRK free from all and any liability regarding judicial or out-of-court proceedings that may arise as a result of these actions. Users are responsible for fulfilling their own obligations regarding access to the web site and are also responsible for ensuring that all persons authorised by users to access the web site also fulfil the corresponding obligations.
6) PRIVACY POLICY
When SIRK requires information from users, it shall always expressly request that this information be provided voluntarily. Details compiled through data collection forms on the web site or other channels shall be incorporated into an automated personal data file, for which SIRK is responsible. The company shall process the data in a confidential manner with the sole purpose of offering the requested services, with all the legal guarantees and safeguards provided by General Act of Parliament 15/1999 for the Protection of Personal Data, dated 13th December, and Law 34/2002 on Services Relating to the Information Society and Electronic Commerce, dated 11th July. SIRK undertakes not to transfer, sell or share any details with third parties without users’ express approval. Furthermore, SIRK shall remove or rectify details that are inaccurate, incomplete or no longer necessary or relevant for the purpose in question, in accordance with the provisions of General Act of Parliament 15/1999 for the Protection of Personal Data, dated 13th December. Users may withdraw the consent they have given and exercise their rights to access, rectify, delete and contest any personal details by notifying SIRK to this effect at SIRK’s registered company address, duly identifying themselves and clearly indicating the specific rights that they are exercising. SIRK effectively implements the related security levels required by the aforementioned General Act of Parliament 15/1999 and other legislation that may apply. Nevertheless, SIRK shall not accept any responsibility for damage or loss arising from alterations that third parties may make to the computer systems, electronic documents or files belonging to users. SIRK may use cookies in the rendering of its services on the web site. Cookies are physical personal information files stored in users’ terminals. Users have the option to configure their browsers in order to prevent the creation of cookie files or warn against them. Should users opt to leave SIRK’s website through links to other web sites that do not belong to SIRK, the latter shall not be liable for the privacy policies of these web sites or the cookies that may be stored in users’ computers.
SIRK’s policy with regard to e-mails consists of only sending message that users have asked to receive. Should users prefer not to receive these messages by e-mail, the company’s e-mail messages effectively offer users the option to cancel and waive receipt of these messages, in accordance with the provisions of Title III, Article 22 of Law 34/2002 on Services Relating to the Information Society and Electronic Commerce.
7) MODIFICATIONS AND SUSPENSION OF SERVICE
1. Modifications: SIRK reserves the right to make any modifications to the web site that it may deem appropriate at any time, organising, eliminating or adding contents, information and services. Said modifications shall be carried out unilaterally and without prior warning. In relation to the general and specific conditions, SIRK reserves the right to modify and alter them and/or draft new conditions depending on the new activities that are incorporated or in order to adapt them to any new regulations and legislation that may arise. Said modifications shall only be obligatory once they come into effect and they shall be applicable to users the moment that they gain access to the web site.
2. Suspension of service: SIRK reserves the right to suspend the service unilaterally and without prior warning, as well as the right to deny all users access to the web site, either temporarily or indefinitely, who breach the general and specific conditions set out herein or who carry out acts that are illegal, illicit, against the law and contrary to public order and good practices.
8) DURATION, TERMINATION AND CANCELLATION
The provision of services on the web site and the functioning of same are, in principle, both of indefinite nature. Nevertheless, SIRK may temporarily suspend service provision or end service provision definitively at any time or moment. However, SIRK undertakes to inform users of the temporary suspension or definitive conclusion of service provision by issuing the corresponding notices and warnings.
In the case of unilateral cancellation of service provision or forced closure of the web site, SIRK shall issue prior notice of the causes of such a measure, as well as the reasons on which its decision is based. In such an eventuality, SIRK undertakes to preserve the stored information on its server for a period of ten working days, after which it shall proceed to eliminate this information, without the company being held liable in this respect.
11) NOTIFICATIONS AND PROCEDURES
SIRK may send messages by postal mail to clients at the addresses corresponding to users, as well as by electronic mail, by telephone calls or by any other public means of communication, provided that the corresponding details have been made available to SIRK in the correct manner.
In this sense, all notifications made by SIRK to users shall be considered effectively made and valid if they have been carried out using the details and different means of communication mentioned above. To this effect, users declare that all the details furnished are true, accurate, correct and veracious, undertaking to inform SIRK of all and any changes, developments and modifications that may arise regarding said notification details.
All notifications and messages sent to SIRK by users shall be considered to have been effectively made when they reach SIRK by one of the following methods:
1. By calling the telephone number: 34 91 559 62 91
2. By writing to c/Alcántara no. 27, 28006 – Madrid (Spain)
3. By sending an electronic mail to the following address: [email protected]
12) LEGISLATION AND JURISDICTION
Each and every aspect relating to the web site is governed in all respects by Spanish law and is subject to the jurisdiction of the Courts and Tribunals of Madrid.
The parties, expressly renouncing any other jurisdiction that may correspond to them, accept Spanish law as the governing legislation in case of any dispute regarding the interpretation or performance of these clauses, expressly submitting any disagreements that may arise to the Courts and Tribunals of Madrid.
In the event of any discrepancy between the English and Spanish versions, the Spanish version shall prevail.