Legal advice and information on the conditions of use of the website
In compliance with the duty to provide information stipulated in article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, MERCARISTA, S.L as owner of the website WWW.ARA-TECH.ES, hereby states:
- Company Name: MERCARISTA, S.L
- Registered office: C/ DE CRONOS 10, 28037 (MADRID)
- TAX ID: B86196656
- E-mail address: JHERRANZ@ARA-TECH.ES
- Registration details in the Madrid Mercantile Register: VOLUME 28792, SECTION 8, PAPER 26, SHEET M518419, INSC 1.
- The present information constitutes and regulates the conditions of use, the limitations of responsibility and the obligations that the users of the website published under the domain name WWW.ARA-TECH.ES assume and undertake to respect.
- “Site”, the ARA-TECH.ES domain that is made available to Internet Users.
- “User”, the natural or legal person who uses or browses the Site.
- “Content”, the pages that make up the entire ARA-TECH.ES domain, which comprise the information and services that MERCARISTA, S.L. makes available to Internet Users. They contain the messages, texts, photographs, graphics, icons, logos, technology, links, textures, drawings, sound and/or image files, recordings, software, appearance, graphic design and source codes and, in general, any kind of material contained on the Site.
- “Hyperlink”, a technique by which a User can browse different pages of the Web, or the Internet, by simply clicking on the text, icon, button or indicative that contains the link.
- “Cookies”, technical means for the “traceability” and monitoring of browsing on websites. These are small text files that are written on the User’s computer. This method has implications on privacy, so MERCARISTA, S.L. will give appropriate and reliable notice of their use at the time they are implemented on the Site.
If the User does not agree with the clauses and conditions of use of this Legal Advice, he/she shall refrain from using the Site.
Use of the website
WWW.ARA-TECH.ES provides access to articles, information and data (hereinafter, “THE CONTENTS”) owned by MERCARISTA, S.L. The USER assumes responsibility for the use of the website. Some pages of the website (WWW.ARA-TECH.ES) may allow participation by means of comments, in which case any user may send texts through the form established for this purpose. By sending such texts, by clicking on the corresponding link, the USER undertakes and accepts to make appropriate use of the contents that WWW.ARA-TECH.ES offers through its website, and not to use them for:
- Incurring in activities that are illicit, illegal or contrary to good faith and public order.
- Disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, in support of terrorism or against human rights.
- Causing damage to the physical and logical systems of ARA-TECH.ES, its suppliers or third parties, introducing or spreading computer viruses or any other physical or logical systems that may cause the aforementioned damage.
- Attempt to access and, where appropriate, use the e-mail accounts of other users and modify or manipulate their messages.
- In short, to respect applicable legislation, generally accepted morals and good customs, public order and these general conditions of access and use.
To this end, THE USER undertakes and undertakes NOT to use any of the Contents for illicit purposes or effects, prohibited in the Legal Advice or by current legislation, harmful to the rights and interests of third parties, or which may in any way damage, render useless, overload, deteriorate or prevent the normal use of the Contents, computer equipment or documents, files and all types of content stored in any computer equipment owned or contracted by MERCARISTA, S.L., other Users or any other Internet user (hardware and software).
THE USER agrees and undertakes not to transmit, disseminate or make available to third parties any kind of material contained on the Site, such as information, texts, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, logos, brands, icons, technology, photographs, software, links, graphic design and source codes, or any other material to which he/she has access as a User of the Site, without this list being exhaustive in nature.
Furthermore, in accordance with the above, THE USER may not:
- Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the Contents, unless you have the explicit written authorisation of MERCARISTA, S.L., which is the owner of the corresponding rights, or unless this is legally permitted.
- Delete, manipulate or in any way alter the copyright and other data identifying the reservation of rights by MERCARISTA, S.L. or its owners, the fingerprints and/or digital identifiers, or any other technical means established for their recognition.
- The User shall refrain from obtaining or even attempting to obtain the Contents by using means or procedures other than those which, as the case may be, have been made available for this purpose or have been indicated for this purpose on the Web pages where the Contents are located or, in general, those normally used on the Internet for this purpose, provided that they do not entail a risk of damage or disablement of the Site and/or the Contents.
Likewise, the USER acknowledges:
- MERCARISTA, S.L. shall not be liable in any way for the opinions expressed by users, who participate under their sole and exclusive responsibility.
- That users’ comments do not represent the opinions of MERCARISTA, S.L., its partners or its employees.
- That MERCARISTA, S.L. does not guarantee, in any case, the publication of the contents sent by users. In this regard, all comments received will be automatically reviewed by an anti-spam filter and moderated, as to their form, by a website administrator, who will act in all cases respecting the democratic freedoms of expression and information.
- MERCARISTA, S.L. also reserves the right to remove all comments and contributions that violate respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that violate youth or childhood, public order or safety or that, in its opinion, are not appropriate for publication.
In any case, WWW.ARA-TECH.ES will not be responsible for the opinions expressed by users through the blog or other participation tools that may be created, in accordance with the provisions of the applicable regulations.
As a service to our visitors, our website may include hyperlinks to other sites that are not operated or controlled by MERCARISTA, S.L. Therefore, MERCARISTA, S.L. does not guarantee, and is not responsible for, the legality, reliability, usefulness, accuracy and timeliness of the content of such websites or their privacy practices. Please be aware that before you provide your personal information to these non-WWW.ARA-TECH.ES websites, please be aware that their privacy practices may differ from ours.
Likewise, those persons who intend to establish hyperlinks between their website and ours (WWW.ARA-TECH.ES) must observe and comply with the following conditions:
- Prior authorisation shall not be required when the Hyperlink only allows access to the home page, but may not reproduce it in any way. Any other form of Hyperlink shall require the express and unequivocal written authorisation of MERCARISTA, S.L.
- No frames shall be created with the web pages or on the MERCARISTA, S.L. web pages.
- No false, inaccurate or offensive statements or indications may be made about MERCARISTA, S.L., its directors, employees or collaborators, or the persons related to the Page for any reason, or the Users of the Page, or the Contents supplied.
- It shall not be stated or implied that MERCARISTA, S.L. has authorised the Hyperlink or that it has supervised or assumed in any way the Contents offered or made available on the Web page on which the Hyperlink is established.
- The Web page on which the Hyperlink is established may only contain what is strictly necessary to identify the destination of the Hyperlink.
- The web page on which the Hyperlink is established shall not contain information or content that is illicit, contrary to morality and generally accepted good customs and public order, nor shall it contain content that is contrary to any third party rights.
Changes of the Legal Advice
In order to improve the performance of the Web site, MERCARISTA, S.L. reserves the right to modify and update the information contained on the Web site, its configuration and design and this legal advice, as well as any other specific conditions, at any time and without prior notice. Therefore, THE USER must read the Legal Advice each and every time he/she accesses the Website.
Intellectual / industrial property
MERCARISTA, S.L owns all intellectual and industrial property rights of its website, as well as the elements contained therein (including, but not limited to, images, sound, audio, video, software or texts; trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by MERCARISTA, S.L or its licensors, all rights reserved.
Any use not previously authorised by MERCARISTA, S.L. will be considered a serious breach of the author’s intellectual or industrial property rights.
The USER undertakes to respect the Intellectual and Industrial Property rights owned by MERCARISTA, S.L. The USER may view the elements of the website and even print, copy and store them on the hard disk of his/her computer or on any other physical medium provided that this is solely and exclusively for his/her personal and private use. The USER shall refrain from deleting, altering, evading or manipulating any protection device or security system installed on the MERCARISTA, S.L. pages.
All trademarks, trade names or distinctive signs of any kind that appear on the Site are the property of MERCARISTA, S.L. or, where applicable, of third parties who have authorised their use, and it may not be understood that the use of or access to the Portal and/or the Contents attributes to the User any right over the aforementioned trademarks, trade names and/or distinctive signs, and it may not be understood that any of the exploitation rights that exist or may exist over said Contents have been transferred to the User.
Likewise, the Contents are the intellectual property of MERCARISTA, S.L, or of third parties where appropriate, therefore, the Intellectual Property rights are owned by MERCARISTA, S.L or by third parties who have authorised their use, who have the exclusive rights to exploit them in any form and, in particular, the rights of reproduction, distribution, public communication and transformation. The reproduction, distribution and public communication, including making available, of all or part of the contents of this website, for commercial purposes, on any medium and by any technical means, without the authorisation of MERCARISTA, S.L., is expressly prohibited.
Unauthorised use of the information contained on this Website, as well as any breach of the Intellectual or Industrial Property rights of MERCARISTA, S.L. or of third parties included on the Website who have provided content, shall give rise to the legally established liabilities.
MERCARISTA, S.L. is aware of the importance of data protection, as well as the privacy of THE USER and therefore insists on reading the “Cookies Policy” [link to cookies policy] of our website.
Availability of the Site
MERCARISTA, S.L. does not guarantee that there will be no interruptions or errors in access to the Site or its Contents, nor that it is up to date, although it will make its best efforts to avoid, correct or update them, as the case may be. Consequently, MERCARISTA, S.L. shall not be liable for damages of any kind caused to THE USER as a result of faults or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the Portal service during or prior to the provision of the same.
MERCARISTA, S.L. excludes, with the exceptions contemplated in current legislation, any liability for damages of any kind that may be due to the lack of availability, continuity or quality of the operation of the Site and the Contents, to the non-fulfilment of the expectation of usefulness that users may have attributed to the Site and the Contents.
The function of the Hyperlinks that appear on this website is exclusively to inform the user about the existence of other websites that contain information on the subject. These Hyperlinks do not constitute any suggestion or recommendation whatsoever.
MERCARISTA, S.L. shall not be held responsible for any security errors that may occur, nor for any damage that may be caused to the user’s computer system (hardware and software), or to the files or documents stored therein, as a result of:
- The presence of a virus in the user’s computer used to connect to the services and contents of the website,
- A malfunction of the browser or the use of non-updated versions of the same.
MERCARISTA, S.L. is not responsible for the contents of these linked pages, the operation or usefulness of the hyperlinks or the results of these links, nor does it guarantee the absence of viruses or other elements in them that may cause alterations in the user’s computer system (hardware and software), documents or files, excluding any liability for damages of any kind caused to the user for this reason.
Access to the Site does not imply any obligation on the part of MERCARISTA, S.L. to control the absence of viruses, worms or any other harmful computer element. It is the responsibility of the User, in any case, to ensure the availability of adequate tools for the detection and disinfection of harmful computer programs, therefore, MERCARISTA, S. L accepts no liability for any possible security errors that may occur during the provision of the Website service, nor for any possible damage that may be caused to the user’s computer system or that of third parties (hardware and software), files or documents stored therein, as a result of the presence of a virus in the user’s computer used to connect to the services and contents of the Website, the malfunctioning of the browser or the use of non-updated versions of the same.
Quality of the Site
Given the dynamic and changing environment of the information and services provided through the Site, MERCARISTA, S.L. makes its best effort, but does not guarantee the complete truthfulness, accuracy, reliability, usefulness and/or timeliness of the Contents.
The information contained in the pages that make up this Portal is for informative, advisory, informative and advertising purposes only. Under no circumstances does it offer or have the character of a binding or contractual commitment.
MERCARISTA, S.L. excludes all liability for the decisions that THE USER may take based on this information, as well as for any possible typographical errors that may be contained in the documents and graphics on the Site. The information is subject to possible periodic changes without prior notice of its content due to expansion, improvement, correction or updating of the Contents.
Availability of the Contents
The provision of the service of the Site and the Contents is, in principle, of indefinite duration. MERCARISTA, S.L, however, is authorised to terminate or suspend the provision of the service of the Site and/or any of the Contents at any time. Whenever reasonably possible, MERCARISTA, S.L. will give prior notice of the termination or suspension of the Site.
For any questions that may arise regarding the interpretation, application and fulfilment of this Legal Advice, as well as any claims that may arise from its use, all the parties involved submit themselves to the Judges and Courts of Madrid, expressly waiving any other jurisdiction that may correspond to them.
These terms and conditions are governed by Spanish law.
All copyrights are reserved by international intellectual property laws and treaties. Copying, reproduction or dissemination, in whole or in part, by any means is expressly prohibited.
In case any user has any questions about these Legal Conditions or any comments about the portal https://www.ara-tech.es/, please contact firstname.lastname@example.org.
The legal advice was last updated on 25-05-2018.