Legal notice and conditions of use
Last updated: [21/03/2023]
The website duransindreu.es (hereinafter, the “Web”) belongs to DURAN-SINDREU, LEGAL AND TAX ADVISORS, SLP (hereinafter, “Durán-Sindreu”) with Tax Identification Number B-62340716 and registered office at C/ del Císter 2, ground floor, 08022 – Barcelona (Spain), duly registered in the Mercantile Registry of Barcelona in Volume 32,992, Folio 165, Page B-223,258, Entry 1, with telephone number 936025222 and email address ds@duransindreu.com.
By using the Website, the user agrees to use the Website, as well as the services and content hosted therein, in accordance with this legal notice and terms of use (hereinafter, the “Legal Notice”), and under their sole and exclusive responsibility.
1. Identification of the Parties
The Legal Notice is signed, on the one hand, by Durán-Sindreu and, on the other hand, by the end user interested in the services offered through the Website (hereinafter, the “User”) whose personal data are those that he has provided to the Website and/or derived from the previous relationship with Durán-Sindreu.
Access to and/or use of the Website confers the status of User upon the person, who accepts, from the moment of such download, access and/or use, the Legal Notice set forth herein.
2. Purpose and scope of application
This Legal Notice governs the access, browsing, and use of the Website by the User.
By accessing and/or using the Website, the User accepts the terms of the Durán-Sindreu Legal Notice and does so at their own risk. The User agrees to use the content, information, and data of the Website in accordance with this Legal Notice, with the other policies accessible through the Website, with the applicable regulations, with generally accepted good customs, and with public order.
3. Website Availability
The Website is available to all Users with Internet access.
Durán-Sindreu does everything possible to ensure that the Website is available at all times. However, access to the Website is made through an Internet connection, so its quality and availability may be affected by factors beyond the responsible control of Durán-Sindreu.
Durán-Sindreu is not responsible for the unavailability of the Website, the impossibility and/or difficulties in accessing the content, or any other failure in the communication system that may cause its unavailability.
4. Access and Use of the Website
4.1. Access to the Website
Access to and use of the Website is free, except for the cost of the connection through the telecommunications network provided by the access provider contracted by each User.
Access to the Website, as well as any unauthorized use that may be made of the information contained therein, is the sole responsibility of the person who carries it out.
4.2. Use of the Website
The User assumes responsibility for the use of the Website. This responsibility extends to any registration that may be necessary to access certain services or content. In this registration or use of the data collection forms available on the Website, the User will be responsible for providing truthful and lawful information.
Durán-Sindreu will not be liable for any consequence, harm or damage that may arise from this access, use or breach of this Legal Notice, nor will it be responsible for any security errors that may occur or for any damage that may be caused to the User’s computer system and/or mobile operating system (hardware and software) or to the files or documents stored therein as a result of: (i) the presence of a virus on the User’s device used to connect to the services and/or products offered by Durán-Sindreu through the Website; (ii) a malfunction of the browser; and (iii) the use of non-updated versions of it.
5. Rules of Use of the Website for Users
Users hereby undertake to:
- Provide truthful information about the data requested in the forms provided by Durán-Sindreu for access to certain content or services offered through the Website and keep them updated. Durán-Sindreu reserves the right, without prejudice to other legal measures at its disposal, to withdraw, deny or suspend access to the Website, in case the data provided is or may be false, inaccurate or misleading. In any case, the User will be fully responsible for any data or content that he/she transmits or communicates to Durán-Sindreu. In this regard, the User assumes responsibility for any damages that may arise from improper use thereof.
- Do not use the Website or any of its components to carry out time-sharing operations, or to become a provider of software application services insofar as they are aimed at enabling third-party access to the Website or any of its components through rental operations, administrative services, or any other similar arrangements, by sharing them or making them available to third parties.
- Do not use the Website to collect personal data from other users.
- Do not use the Website as a system for managing and exchanging information and/or documentation that is illegal, contrary to morality or public order, or contrary to copyright and/or industrial property rights.
- Do not carry out acts of reverse engineering, requirements gathering, or other activities aimed at developing an online platform identical or similar to the one made available by Durán-Sindreu, as this activity may be considered an act of unfair competition and an infringement of the intellectual and industrial property rights that Durán-Sindreu holds over the platform.
- Do not subject the platform to workloads that are clearly aimed at destabilizing it, including denial-of-service (DDoS) attacks or similar situations. In the event that such situations are detected, the previously indicated service level will not apply, and it will be considered an emergency situation.
- Do not remove, delete, alter, manipulate or in any way modify those notes, legends, indications or symbols that Durán-Sindreu, as the legitimate holder of the rights, incorporates into its properties in matters of intellectual or industrial property (for example, copyright, ©, ® and TM), whether on the platform itself or in the associated material.
- Do not cause damage to the physical or logical systems of Durán-Sindreu, owner of the Website, its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that may cause the aforementioned damage.
- Inform Durán-Sindreu of any fact or situation that may have occurred that could put at risk the security of access by authorized users.
- Do not impede the normal development of an event, contest, promotion or any other activity available through the Website, either by altering or attempting to alter, illegally or otherwise, access, participation or operation thereof, or by falsifying their results and/or using fraudulent methods of participation, by any means, and/or through any practice that in any way violates or infringes this Legal Notice.
- Refrain from using the contents of the Website for illicit, prohibited or contrary purposes or effects, harmful to the rights and interests of Durán-Sindreu, other users, third parties, or that in any way may damage, disable, overload or impair this Website or prevent its normal use or enjoyment by users.
- Refrain from forcing failures or security breaches on the Website.
6. Links to other websites
This Legal Notice does not apply to links and/or third-party websites that can be accessed through the Website. The Privacy Policy and Cookie Policy of Durán-Sindreu present on the Website are also not applicable to links to third-party websites.
In the event of accessing other networks or computer resources, the User agrees to be bound by the provisions of the corresponding privacy policies. Therefore, Durán-Sindreu is not responsible for either the content or the security measures adopted by them.
Likewise, the absence of viruses or other elements in the content linked from the Web that may cause alterations in the computer system and/or mobile operating system (hardware and software) in the User’s documents or files is not guaranteed, also excluding Durán-Sindreu from any liability arising from damages of any kind caused by all of the above.
In any case, Durán-Sindreu will proceed to the immediate removal of any link when the content to which it redirects may contravene national or international legislation, morality or public order.
7. Waiver of guarantees and liability
Durán-Sindreu does not guarantee the permanent availability of the services offered on the Web, although it will make its best efforts to ensure their regularity and proper functioning. To that end, Durán-Sindreu declares that he has adopted and will adopt all necessary and reasonable measures, within his possibilities and the state of technology, to ensure the correct functioning of the Website.
However, Durán-Sindreu assumes no responsibility whatsoever for any damages that may arise from disconnections, interference, or interruptions that may occur in accessing or browsing the Web, nor for any damages that may arise for the User or for third parties from the existence and spread of computer viruses or other harmful elements.
Durán-Sindreu also assumes no responsibility whatsoever for any errors or omissions that may exist in the content of the Website, nor for any actions that the User may take based on said content.
8. Modification of the Legal Notice
Durán-Sindreu reserves the right to make, without prior notice, any modifications it deems appropriate to this Legal Notice, and it is the User’s responsibility to read them carefully. Durán-Sindreu may change, delete, or add both the content and services provided through it, as well as the way in which they are presented or located on the Web, informing the User when necessary.
9. Intellectual and industrial property
The User acknowledges and accepts that all industrial and intellectual property rights of the Website, including the content and/or any other elements inserted by Durán-Sindreu on the Website (including, by way of example and not limitation, all those elements that make up the visual appearance, graphic image, and other sensory stimuli that make up the Website or “look and feel”, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, navigation architecture, as well as the source codes) belong exclusively to Durán-Sindreu and/or to third parties who have legitimately assigned their rights. For these purposes, the term Website shall be understood to include all creations incorporated and expressed by Durán-Sindreu by any means and/or tangible or intangible medium, known or yet to be known, that are subject to protection under the current regulations on intellectual and industrial property.
The mere viewing, printing, downloading or temporary storage, whether in whole or in part, of the content and/or elements inserted by Durán-Sindreu on the Website is authorized exclusively for the User’s personal, private and non-profit use, provided that, in all cases, the origin and/or author of the same is indicated and that, where appropriate, the copyright symbol and/or industrial property notices of their owners appear. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for that purpose by Durán-Sindreu or the third party holding the affected rights.
The use of such elements, their total or partial reproduction, communication and/or distribution for commercial or profit-making purposes, as well as their modification, alteration, decompilation and/or any other act of exploitation of the Website, is strictly prohibited, and Durán-Sindreu holds the right of exploitation of the image rights. For any use other than those expressly permitted, the prior written consent of the owner of the rights in question must be obtained.
This Legal Notice does not grant the User any other rights to use, alter, exploit, reproduce, distribute or publicly communicate the Website and/or its contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for that purpose by Durán-Sindreu or the third party holding the affected rights.
Notwithstanding the foregoing, if the User believes that any content on the Website may infringe intellectual and industrial property rights, please inform us as soon as possible by sending an email to ds@duransindreu.com, REF: “Web Legal Notice”.
10. Data protection
Durán-Sindreu complies with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter, the “GDPR”), in Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights (hereinafter, the “LOPDGDD”), Law 34/2002 on Information Society Services and Electronic Commerce (hereinafter, the “LSSICE”), and other regulations in force at any given time, and ensures the correct use and processing of the User’s personal data.
Therefore, in Durán-Sindreu’s Privacy Policy and Cookie Policy, information is provided about who is responsible for the processing, the purpose of the processing, the type of data, the retention periods, data communications to third parties, the possibility of exercising your rights of access, rectification, erasure, objection, and withdrawal of consent, among others, in accordance with the applicable regulations.
For more information on the processing of your personal data, you can consult our Privacy Policy and Cookies Policy.
11. Communications
At Durán-Sindreu, we will contact the User by email or provide information by posting notices on the Website. For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications that we send electronically comply with legal requirements.
Communications that the User sends us should preferably be made via email to the address ds@duransindreu.com. You can also send a written communication to the attention of Durán-Sindreu at the address C/ del Císter 2 bajos, 08022 Barcelona, REF: “Web Communications”.
12. Legislation and Jurisdiction
The current regulations will determine the laws that must govern and the jurisdiction that must have knowledge of the relations between Durán-Sindreu and the User.
However, in those cases where the current regulations provide for the possibility for the parties to submit to a specific jurisdiction, Durán-Sindreu and the User, expressly waiving any other jurisdiction that may correspond to them, will submit to Spanish legislation and to the Courts and Tribunals of Barcelona.