Legal notice

GENERAL TERMS AND CONDITIONS

This website is the property of INDABA CONSULTORES, S.L., registered in the Mercantile Register of Gipuzkoa, Book 1832, Folio 19, Page Nº SS/17628, Entry: 3762 dated 22 June 2000, NIF number: B20701553, registered office: P.Empr.Zuatzu, Edif.Urumea, Planta 1ª, Local 1 - Zubiberri Bidea, 31, 20018 Donostia-San Sebastián (Gipuzkoa), Tfno; 902540990.

Please read the following general conditions carefully. Access to the Website and the use of its contents and services imply full and unreserved adherence to the conditions set out. If the user decides not to accept the current conditions, he/she must refrain from accessing the Website and/or using the content and/or services available on it.

PURPOSE OF THE CONDITIONS

The purpose of these Conditions is to regulate access to and use of the web pages under the domain www.indaba.es and their respective sub-domains and/or sub-directories (i.e. the Website). For the purposes of these General Terms and Conditions, the Website shall be understood as follows:

  1. The external appearance (or "look and feel") of the screen interfaces, both statically and dynamically.
  2. The elements integrated both in the screen interfaces and in the navigation tree, including, but not limited to, texts, images, interpretations, photographs, videos and, in general, all those creations and objects expressed by any means or support, currently known or to be invented in the future, whether or not, object of protection by the current legislation on intellectual and industrial property or by any other similar legal systems (the "Content"), and all those online services or resources that may be offered to users (the "Applications").

INDABA CONSULTORES, S.L., hereinafter INDABA, reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Content and Services incorporated therein. The user acknowledges and accepts that INDABA may at any time interrupt, deactivate and/or cancel any of the Content and/or Services included on the Website.

ACCESS TO CONTENT AND SERVICES

In order to access the Website the user must:

  1. Have access to the Web, either directly or indirectly through access devices.
  2. Have the necessary equipment and computer systems to connect to the network, including a terminal that is suitable for this purpose (computer, telephone, etc.) and a modem or other similar or analogous access device. For the correct access, visualisation and implementation of certain Contents and Services of the Website, the user may need to download certain computer programmes or other logical elements onto their computer equipment. Such installation shall be the responsibility of the user, and INDABA declines any liability that may arise from this. The user undertakes not to access the Website Content and/or Services by any means other than the screen interface provided by INDABA for accessing the same.

REGISTRATION

INDABA may require a registration form to be submitted in order to access certain Content and/or Services. In this case, the user must provide the information requested. In relation to the registration process, the user undertakes to: 1.to provide true, accurate and complete information about his or her identity and 2.to update the registration data so that it remains true, accurate and complete. The user may not choose as user name or password words and/or expressions which, in general, are contrary to the law or to the requirements of morality and generally accepted good customs and, in general, words and/or expressions over which there is a right that excludes the use of the same by the user. To this end, the user may not select words or expressions that are offensive, insulting, slanderous, identical, similar or in any way coincide with distinctive signs, company names, as well as names, surnames, artistic names and/or pseudonyms of third parties. If the user provides any false, inaccurate or incomplete information, or if INDABA has sufficient reason to suspect that such information is false, inaccurate or incomplete, or is contrary to the law or to the requirements of morality and generally accepted good customs, in accordance with the provisions of the previous paragraph, INDABA shall be entitled to cancel the registration and deny access and use, present or future, of the Website or any of the Content and/or Services incorporated therein. The user undertakes to make diligent use of his/her user name and password, and to keep both secret. It shall be the sole responsibility of the user to maintain the confidentiality of his/her user name and password, assuming personally any activities that are carried out or that take place through the use of the same. The user may cancel and deactivate his/her registration at any time using his/her user name and password. The user acknowledges and accepts that INDABA reserves the right to cancel inactive registrations for an unreasonable period of time.

RULES FOR USE OF THE SITE

The user undertakes to use the Website and the Content and/or Services incorporated therein diligently and correctly. Likewise, the user undertakes not to use the Website:

  1. to carry out activities contrary to the law, morality, accepted good customs or established public order, and
  2. for purposes or effects that are unlawful, prohibited or harmful to the rights and interests of third parties, and INDABA declines any liability that may arise from the foregoing.

It is expressly forbidden for the user to authorise third parties to use all or part of the Website or to introduce and/or incorporate the Content and/or Services included therein as, or in, their own business activity. The use or application of any technical, logical or technological resources by virtue of which users may benefit, directly or indirectly, with or without profit, from the unauthorised exploitation of the Contents and/or Services or the Website itself, is expressly prohibited.

The user undertakes not to damage, render useless or deteriorate the equipment and computer systems or telecommunications equipment of INDABA or any third party, or the content incorporated and/or stored therein.

The user undertakes to refrain from using the Content and Services in any way that may damage, render useless, overload or deteriorate the Website or impede the normal use or enjoyment of the same by other users. The user undertakes not to modify INDABA's equipment and systems in any way, nor to use modified versions of equipment and systems in order to obtain unauthorised access to any Service and/or Content of the Website. The user undertakes not to interfere with or disrupt access to or use of the Website, servers or networks connected to the Website, or to fail to comply with the requirements, procedures and regulations of the network connection policy.

CONTENTS AND SERVICES OF THE WEBSITE

Information:

  1. The user is aware and accepts that any data relating to INDABA of an economic-financial, strategic or any other nature (hereinafter, "Corporate Information") is carried out for information purposes only.
  2. The Corporate Information has been obtained from reliable sources, but, while reasonable care has been taken to ensure that such Corporate Information is not erroneous or misleading, INDABA does not represent or warrant that it is accurate, complete or up to date, and it should not be relied upon as such.
  1. The Corporate Information contained in the Website does not constitute a recommendation or advice of any kind, and nothing contained therein should be relied upon as a basis for transactions or decisions of any kind.
  2. The Website may include information or content provided by sources other than INDABA, including the users of the Website themselves. INDABA does not guarantee or assume any responsibility for the accuracy, completeness or accuracy of such information and/or content, including those cases in which there are defamatory, offensive or illicit elements.
  3. In any case, and without prejudice to the foregoing, the forwarding by third parties of information and/or content to the public access sections of this Website by e-mail or by any other means shall imply the granting to INDABA of a non-exclusive, unlimited, worldwide licence, free of charge, to reproduce, store, edit, modify, publish, incorporate in databases, publicly communicate, transmit, display, distribute, represent, or in any other way commercially exploit, in whole or in part, such information or content owned by the user on the Website in any form or by any means or technology. INDABA reserves the right, at its sole discretion, to edit, reject or delete the aforementioned information and/or content. All of the above subject to the limitations applicable in accordance with Data Protection regulations.
  4. The user acknowledges and accepts that INDABA may retain and disclose the information that it stores or makes available to third parties on the Website, provided that it is:
    • required to do so by the competent authorities and bodies;
    • necessary to enforce the General Terms and Conditions and/or Special Conditions;
    • expedient or necessary to respond to claims relating to violations or infringements of rights; or
    • convenient or necessary to protect the legitimate interests of INDABA, its users and the general public.

CONTENT AND SERVICES OUTSIDE THE WEBSITE

The INDABA Website may provide users with technical linking devices and directories that allow them to access web pages belonging to and/or managed by third parties. The sole purpose of installing these links and search directories on the Website is to make it easier for users to search for and access information, content and services available on the Internet.

The establishment of a link does not necessarily imply the existence of a relationship between INDABA and the owner of the website on which the link is established, nor does it imply acceptance and approval by INDABA of its Contents or Services.

Unless expressly stated otherwise, INDABA does not offer or market on its own behalf or through third parties the information, Content and/or Services available on the linked pages, nor does it control, approve or monitor them beforehand, nor does it make them its own.

The user should therefore exercise extreme caution when evaluating and using the information, content and services available on the linked pages. Due to the fact that INDABA has no control over the pages linked to through the links incorporated in the Website, the user acknowledges and accepts that INDABA assumes no responsibility whatsoever for the content or services that the user may access in said pages or for any products that may be marketed therein.

GUARANTEES AND LIABILITY

Unless expressly stated otherwise by law, or unless expressly stated otherwise, the user expressly acknowledges and accepts that INDABA makes no warranty of any kind, whether express or implied, regarding the Website or the Content and Services incorporated therein, including but not limited to:

  1. The availability and continuity of the operation of the Website and, in particular, but not exclusively, that users can effectively use the Website, the Content and the Services, or subdomains.
  2. The levels of quality, interoperability and functionality of the Website, as well as the Services and/or Content it incorporates.
  3. The interruption, suspension or cancellation of access to the Website and the Content and/or Services it incorporates.
  4. The suitability for a particular purpose of the Website and the Services or Content incorporated therein.
  5. The certainty, completeness, accuracy and/or updating of the Content, Services, texts, graphics, links or any other elements included on the Website, as well as the results that may be obtained from accessing and/or using this website or its content.
  6. INDABA expressly disclaims any liability for errors or omissions in the information contained in the pages of this Website, as well as for the lack of truthfulness, accuracy, completeness, relevance and/or timeliness of the Content.
  7. Unauthorised access and alteration of the data stored and transmitted through the Website or the services offered in this regard.
  8. The absence of viruses or other elements in the contents that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system. The user is aware, and voluntarily accepts, that the use of the Website, the Services and the Contents takes place, in any case, under his/her own responsibility, for which reason he/she shall adopt all those measures that may be necessary to minimise risks, including the adoption of the security measures that may be necessary to guarantee anti-virus and data recovery procedures. Therefore, unless otherwise expressly required by law and only to the extent and extent required by law, INDABA does not guarantee or assume any liability whatsoever with respect to access to and use of the Website or the Content and/or Services incorporated therein.

FORCE MAJEURE

Without prejudice to the foregoing, INDABA shall not be liable for any delays or failures that may occur in the access, functioning and operability of the Website, its Contents and/or Services, nor for any interruptions, suspensions or malfunctions of the same, when these are caused by breakdowns due to natural catastrophes such as earthquakes, floods, lightning or fires, situations of force majeure, situations of extreme urgency such as war, military operations, civil unrest, strikes, lockouts or any other situation of force majeure or fortuitous cause.

PERSONAL DATA

General Terms and Conditions

In order to use or have access to certain Services and/or Content, INDABA may require users to fill in certain registration forms that necessarily involve the provision of certain personal data.

INDABA undertakes to process the user's personal data in accordance with the provisions of the relevant legislation in force. Specifically, it undertakes to apply the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

For more information about the processing of your personal data on the portal, please refer to the Privacy Policy.

INDABA has adopted and will adopt all mandatory technical and organisational security measures in accordance with the provisions of current legislation and existing quality standards in the sector, in order to guarantee the maximum security and confidentiality of communications.

Notwithstanding the above, the user acknowledges and accepts that security measures on the Internet are not impregnable. The networks used on the Internet are not secure and any communication sent by this means may be intercepted or modified by unauthorised persons. Notwithstanding the above, INDABA warns that the current state of the art does not guarantee the non-violation of security systems or the inviolability of communications when these are transported through any telecommunications networks. Therefore, INDABA cannot guarantee the full privacy and security of the use of the Website and the Content and/or Services and, in particular, that unauthorised third parties cannot gain knowledge of the type, conditions, characteristics and circumstances of the use that users make of the Website and the Content and/or Services.

INTELLECTUAL, INDUSTRIAL AND OTHER PROPERTY RIGHTS

Applicable Legislation

This Website, as well as the Content and elements contained therein, are the property of INDABA, and are protected, without limitation, by the intellectual and industrial property laws of Spain and by any international treaties and conventions that may be applicable.

Ownership

INDABA is the exclusive owner of all intellectual, industrial and any other property rights that may apply to the Website; likewise, all rights to any Content, Services or elements of its property that may be incorporated into the Website are reserved, including, but not limited to:

  1. those elements that make up the visual appearance, graphic image and other sensory stimuli of the web pages that make up the Website;
  2. the navigation architecture;
  3. the source codes of the web pages;
  4. photographs,
  5. recordings,
  6. documents or publications
  7. Intranet
  8. technology,
  9. logos and
  10. distinctive signs.

All of the foregoing together are hereinafter referred to as the " Ownership ".

Property of Third Parties

The User acknowledges and accepts that the Website contains accessible Content and Services owned by third parties whose rights are protected by the applicable legislation on intellectual and industrial property, rights to exploit the commercial and advertising value of the image and other similar rights, as the case may be.

Reservation of Rights

The user undertakes not to remove, delete, alter, manipulate or in any way modify: Those notes, legends, indications or symbols that either INDABA or the legitimate owners of the rights incorporate into their properties in terms of intellectual or industrial property (for example, copyright, ©, ® and ™, etc.).

LICENSES TO THE PROPERTY

The user acknowledges that by virtue of these Terms and Conditions, INDABA neither assigns nor transfers to the user any rights over its Property. INDABA only authorises the user to access and use the same in accordance with the terms indicated in these Terms and Conditions. INDABA authorises users to access and browse the Website, using the Services and viewing the Content incorporated therein. Users are not authorised to copy, distribute (including by e-mail and Internet), transmit, communicate, modify, alter, transform, transfer or, in any other way, carry out activities involving the commercial use of the Website, its pages, Content or elements that comprise it, either partially or in full, without the express consent, granted in writing, of the legitimate owner of the exploitation rights.

Access, viewing and, where appropriate, downloading of the Content and/or Services shall always and in all cases be for strictly personal and non-commercial purposes. INDABA reserves all rights over the Property, including, but not limited to, all intellectual and industrial property rights it holds over the same. INDABA does not grant any other licence or authorisation of use to the user of its Property other than that expressly detailed in this clause.

LICENSE OF LINKS

Any act of establishing a link between a web page and the Website or any other claim to a link will require the prior written acceptance of INDABA.

TERMINATION OF LICENSES

INDABA reserves the right to terminate or modify at any time and for any reason the licenses granted under these Terms and Conditions. Without prejudice to the foregoing, INDABA may take legal action against any use by the user which:

  1. does not comply with the terms and conditions specified herein;
  2. infringes or violates the intellectual and industrial property rights or similar rights of INDABA or any other legitimate third party; or
  3. infringes any applicable regulations.

The user shall be obliged to immediately modify or remove any INDABA Property from its website, or remove any link to the Website, when required to do so by INDABA.

INFRINGEMENT NOTIFICATION PROCEDURE

In the event that any user or third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any content and/or service, or the carrying out of any unlawful activity on the web pages included on the Website, or through the Services provided, he/she may contact INDABA at the registered office indicated above, providing the following information:

  1. The name, surname, national identity document, address, telephone number and e-mail address of the claimant, as well as, where applicable, the signature of the holder of the allegedly infringed rights or, where applicable, of the person authorised to act on their behalf and representation.
  2. Determination of the alleged unlawful activity and, in particular, in the case of an alleged violation of intellectual or industrial property rights, a precise and specific description of the protected content and its exact location.

VALIDITY OF THE GENERAL TERMS AND CONDITIONS AND THEIR MODIFICATION

The legal relationship deriving from access to and use of the Website, as well as the Content and Services incorporated therein, is of indefinite duration. Likewise, either of the parties may unilaterally terminate or suspend this contractual relationship at any time and for no other reason than their own will to do so. Without prejudice to the foregoing, this relationship shall be deemed to be terminated immediately when INDABA publishes new General Terms and Conditions. Access to and use of the Website shall imply full adherence to and acceptance of the new conditions and, consequently, the commencement of a new legal relationship. INDABA reserves the right to modify these General Conditions at any time and without prior notice.

TRANSFER TO THIRD PARTIES

The user may not assign, transfer, encumber or subrogate the rights and obligations established in these General Terms and Conditions in favour of third parties. INDABA may assign, transfer, encumber or subrogate in favour of third parties, in whole or in part, the rights and obligations assumed by virtue of the contractual relationship set out herein, as well as the contractual position, to any third party, it being understood by means of this clause that the user grants sufficient authorisation to this effect.

APPLICABLE LAW AND COMPETENT JURISDICTION

The Website is operated and controlled by INDABA from its offices in Spain. Consequently, all matters arising from access to and/or use of the Website shall be governed and interpreted in accordance with Spanish law. In the event that the user is domiciled outside Spain, INDABA and the user agree to submit to the jurisdiction of the competent courts and tribunals, expressly waiving any other jurisdiction.

NOTIFICATIONS

Unless otherwise indicated, all notifications, requests, agreements, consents, acceptances, approvals or communications that may be required in accordance with the provisions of these General Terms and Conditions or that are related to the same in one way or another must be made in writing and sent to INDABA by post to the company's registered office.