Legal Advice

General Conditions of Use

 

1. GENERAL INFORMATION

KREAB IBERIA, S.L. is a mercantile company of Spanish nationality, with its registered office at calle del Poeta Joan Maragall (formerly Capitán Haya) number 38, Edificio Cuzco II, 28020 Madrid, with NIF: B-82.861.048 and registered in the Mercantile Registry of Madrid, to Volume 16,087, Folio 117, Page M-272444. Hereinafter “KREAB IBERIA”.

The Company maintains a branch in Barcelona, whose offices are located at Diagonal Avenue 609-615, floor 7-D, Barcelona 08028; and subsidiaries in Bolivia, Chile, Colombia and Ecuador.

Please read carefully these General Conditions, which are intended to regulate the use of this KREAB IBERIA website (hereinafter the “Website”), by any person accessing and operating it (hereinafter, “User” or “Users”). Every User who accesses the Website agrees to submit to the version of the General Conditions in force each time they access the Website, without reservation of any kind. These General Conditions may be complemented with any other texts or legal clauses concerning the use of any service, functionality, process or means necessary for the use of the Website.

In the case of not agreeing, partially or totally, with these General Conditions of Use, the User must abstain from using the Website, as well as any service or application accessible through it.

 

2. KREAB IBERIA COMPANY PURPOSE.

 KREAB IBERIA and its subsidiaries are engaged in the provision of professional services related to communication and business information, including technical advice and management, corporate reputation, corporate social responsibility and public affairs, as well as studies, planning, organization, and development of communication strategies and promotion of image and public relations, as well as training in the indicated subjects.

 

3. USE OF THE WEBSITE

 The visitors of this Website are considered as Users of the same, who will find in it information related to the type of activity, products and services that we provide.

The User is aware and voluntarily and expressly accepts that the use of the Website is made in all cases under his sole and exclusive responsibility.

The User must not send to KREAB IBERIA any type of confidential information without having previously consulted with authorized representatives of KREAB IBERIA and having received authorization to send such confidential information.

This website contains material prepared by KREAB IBERIA and its affiliates for information purposes only.

The contents and services that KREAB IBERIA makes available to the User on this Website may also be regulated by specific conditions that, in case of conflict, prevail over the General Conditions. As a result, the User submits himself, each time he uses the corresponding content or service, to their corresponding particular conditions.

As service providers of the information society, we reserve the right to update, modify or delete the information contained in this website, and may even limit or not allow access to such information, at any time by bringing it to the attention of Users. In particular, the right of KREAB IBERIA to remove, limit or prevent access to the Website is reserved when technical difficulties arise due to events or circumstances beyond our control that, in our opinion, compromise or nullify the standard security levels adopted for the proper functioning of this Website.

The Website is not a source of advice or a means to establish a professional relationship of any kind with KREAB IBERIA or its affiliates.

 

4. CONTENTS

The information displayed and / or provided on this Website must be considered by the User, general information, without this meaning that such information can be deemed as a determining factor for decision making by the user of the Website, of which we decline any liability arising from the lack of verification of the same, and specifically it must be understood that such information, subject to current regulations in Spain, is not intended for those users who act under other jurisdictions of States that require the compliance with different requirements for the provision, disclosure or advertising of services related to the activities and / or services advertised on this website.

 

5. LIABILITIES

KREAB IBERIA will not be liable in the event of service interruptions, delays, errors, malfunctioning of the service and, in general, other inconveniences that derive from causes beyond the control of KREAB IBERIA, and/or are due to a fraudulent or culpable action on the part of the User and/or that may be caused by force majeure.

Without prejudice of that established in Article 1105 of the Spanish Civil Code, included also in the concept of force majeure, and for the purposes of these general conditions, all events that occur outside of KREAB IBERIA’s control, such as: faults of third parties, operators or service companies, lack of access to third-party networks, acts or omissions of public authorities, those produced as a result of natural phenomena, blackouts, etc. and the attack of Hackers or specialized third parties on the security or integrity of the computer system.

KREAB IBERIA reserves the right to interrupt access to the Website and at any time and without prior notice, whether for technical reasons, security, control, maintenance, power failure or for any other reason. KREAB IBERIA, in general, does not control the use that Users make of the Website.

KREAB IBERIA is not responsible for the use that each user gives to the materials made available in the Website or for the actions carried out based on them. This includes any action that may involve a violation of any type of national or international standard, intellectual or industrial property rights or any other rights of third parties. KREAB IBERIA cannot be held liable for any damages arising from the use of this website, nor for any action taken using the content of the information that may be provided in it, unless there is intent or gross negligence in its actions or omissions.

KREAB IBERIA shall have the right, without any indemnity to the User, to temporarily suspend the services and contents of the Website to carry out maintenance, improvement or repair operations thereof.

KREAB IBERIA adopts reasonably adequate security measures, taking into account the state of the art at all times, to detect the existence of viruses. However, the User must take into account that the security measures of computer systems on the Internet are not totally reliable and that, therefore, KREAB IBERIA cannot guarantee the absence of viruses or other elements that may cause alterations in computer systems of the User (software and hardware) or in their documents and electronic files contained therein. Derived from the foregoing, KREAB IBERIA is not liable for any damages that such elements may cause the User or third parties.

  

6. OBLIGATIONS OF USERS.

The User undertakes not to use any of the Content that KREAB IBERIA places at its disposal to carry out activities contrary to law, morals or public order and, in general, agrees use in accordance with these general conditions and current legislation.

Likewise, the User must refrain from using this Website and its contents, in any way, that may damage, impede or deteriorate the normal functioning thereof, the assets and rights of KREAB IBERIA, the rest of the Users and, in general, of any third party. In this regard, the User agrees:

• To not upload, store or distribute through this Website any program, data, virus, code, or any other electronic or physical device that is likely to cause damage to it, in any of the services, or in any of the equipment, own or third-party communication systems or networks.
• Not modify, copy, download, decompile, disassemble, reverse engineer, assign, sell, or imitate any content, application or software of this Website.

 

7. DATA PROTECTION.

KREAB IBERIA will protect the personal data of the Users and will use them only to the extent permitted by law or provided that the Users have given their consent, in the terms established in the Privacy Policy of this Website.

  

8. INTELLECTUAL AND INDUSTRIAL PROPERTY.

Intellectual and industrial property rights are all rights recognized by the legislation of intellectual property that have patrimonial character for any purpose and for any use, as well as all the rights recognized by the industrial property legislation, including in both cases the power to request the special records and inscriptions for the obtaining or protection of these rights (hereinafter, the “Intellectual and Industrial Property Rights”).

The entire contents of this website (texts, images, brands, logos, files of all kinds, software, codes, color combinations, graphics, designs, data, etc.), as well as the structure of their contents, are exclusive property of KREAB IBERIA and are protected by the rules of Intellectual and Industrial Property, not being subject to exploitation, reproduction, distribution, modification, public communication, assignment or transformation or any other form of dissemination not expressly authorized by us, as providers and holders of the aforementioned intellectual and industrial property rights. Therefore, access to this website does not grant Users any right or ownership of the contents of this Website.

It is strictly forbidden to use all the elements subject to industrial and intellectual property for commercial purposes, as well as their distribution, modification, alteration or decompilation.

 

9. ADVERTINSING

Part of the Website may contain advertising content or be eligible for sponsorship. Advertisers and sponsors are solely responsible for ensuring that the material submitted for inclusion on the Website complies with the laws that may apply to the content and its advertising. KREAB IBERIA will not be responsible for any error, inaccuracy or irregularity that the advertising content or the sponsors may present.

 

10. THIRD PARTY LINKS. HYPERLINKS.

The User, and any person who intends to establish a hyperlink or technical link device (for example, a link) from their website to this Website must obtain prior written authorization from KREAB IBERIA, who reserves the right to prohibit or disable at any time any hyperlink to the Website, with special incidence in those cases in which hyperlinks can be established with websites that may contain illegal activities or content or contrary to public order.

These Terms of Use refer only to this Website and the contents of KREAB IBERIA, and do not apply to links, web pages of third parties accessible through it or, in general, any other service provided by third parties. KREAB IBERIA does not assume any liability that may arise from the aforementioned links. In the event that a User accesses websites, contents or resources of third parties through such links, the User agrees to abide by the provisions of the corresponding use and privacy policies.

Notwithstanding the foregoing, KREAB IBERIA will withdraw or cancel as soon as possible any link when the contents to which it is redirected may be contrary to national or international legislation, morality or public order.

  

11. MEANS OF COMMUNICATION.

In relation to these General Conditions of Use and for any communication that may be necessary between the Users and KREAB IBERIA, communication with KREAB IBERIA may be made through the following email address: protecciondatos@kreab.com.

  

12. INCIDENT NOTIFICATION.

 KREAB IBERIA and the Users must respect the rights of third parties and comply with the applicable legislation. In the event that the User finds technical incidents in the operation of this Website, as well as errors in its content, you can contact KREAB IBERIA at the email address indicated in the previous section.

  

13. INSERTION OF THE CLAUSES OF THE PRESENT GENERAL CONDITIONS OF USE.

In the event that any of the clauses of these General Conditions of Use were declared invalid, invalid or ineffective, the invalidity of the clause in question will not affect the effectiveness and validity of the rest, provided that the rights and obligations of the parts that may derive from them are not affected in a critical way. “Critical” will be understood as any event that seriously damages the interests of any of the parties, or falls within the scope of these General Conditions of Use. In such case of invalidity or nullity, the clauses affected must be replaced or inserted with others that, being adjusted to the law, respond to the purpose of the replaced ones. The parties waive any claim for damages that may be caused by the circumstances covered by this clause.

 

14. LEGISLATION AND COMPETENT JURISDICTION.

 These General Conditions are governed by the Spanish common law and, unless otherwise established in an imperative manner in the applicable regulations, any conflict derived or related to the use of this Website will be submitted by the parties to the courts and tribunals of the City of Madrid (Spain).