1.- LEGAL NOTICE
These provisions govern the use of the web portal service (hereinafter, the 'Web Portal') that ALPHATRAD SPAIN S.L (hereinafter ALPHATRAD) makes available to Internet users.
ALPHATRAD, headquartered at C/Infanta Mercedes, 31 2ª Planta 28020 Madrid and C.I.F. (Spanish Tax Identification Code) number B 83436725 is registered at the Board of Trade of Madrid-Tome 18090, Book:0, Folio:166, Section: 8, Page: M-312881, Inscription 1, Telephone: 901 264 200.
Access to the website is free, except for the cost of connecting users to the World Wide Web (WWW) charged by access servers. The translation services provided by the company in general, are priced as indicated in the corresponding commercial offer; under no circumstances these are offered or provided through the Web Portal service.
The use of the Web Portal and the reading of the general conditions set forth below, implies full and express acceptance by the user, who assumes full responsibility for the total or partial noncompliance with the provisions of the general and specific clauses that are established herein and with the legal actions that may arise because of this breach.
Thus, the user must read each and every one of the provisions set forth herein, as well as the successive amendments that are introduced both in the general conditions of use and in the specific and particular conditions that are added, which may be applicable, and that the user can analyse by accessing the Web Portal.
These general conditions of use do not exclude the possibility that certain services of the Web Portal, due to their particular characteristics, are subject to particular conditions of use, which, in any case, may be checked by the user before their activation.
2.- INDUSTRIAL AND INTELLECTUAL PROPERTY
All the Web Portal content, simply understood as texts, photographs, graphs, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes (hereinafter, the 'Content'), are the intellectual property of ALPHATRAD or third parties. Hence, none of the exploitation rights recognised by current intellectual property regulations may be transferred to the User, except for those that are strictly necessary for the use of the Web Portal.
ALPHATRAD or third parties own the trademarks, trade names or distinctive signage. Therefore, access to the Web Portal shall not assign any right over the said trademarks, trade names and/or distinctive signage to the User.
3.- SERVICES AND ACTIVITIES
ALPHATRAD, through its website address, www.alphatrad.es, offers the following content, services, provisions and activities: "translation, multilingual documentation, and any other advertising action"
ALPHATRAD may expand its Web Portal to new services, activities or content, in order to improve the performance and quality of its service, depending on the development and evolution of the company and the translations sector itself. In addition, ALPHATRAD reserves the right to expressly cancel, modify, substitute or restrict the content, services or activities, without prior notice to users.
4.- CONDITIONS OF ACCESS AND USE OF THE WEB PORTAL. ACCEPTANCE AND RESPONSIBILITY OF THE USER
a.- User Conditions: The word ‘User’ means any individual or legal entity that accesses the Web Portal in order to analyse, browse, investigate, search for or consult its content, locate or acquire any information that is of their interest.
To access the Web Portal for purposes of a query, search or visualization, Users will not need prior, express and accepted registration as a registered user of the Web Portal or inform their data.
b.- Web Portal Use: The User acknowledges and accepts that the use of the content, information on the personal data contained therein and/or services offered by the Web Portal will be at their own risk and/or account.
The User agrees to use the Web Portal and its services in accordance with the law, with the general conditions, the particular conditions of certain services and other notices provided for their own knowledge.
Likewise, the User undertakes not to use the services and content to engage in illicit or criminal behaviour that violate the rights of third parties and/or that violate the rules of the applicable legal system.
The User undertakes not to introduce or disseminate viruses or harmful software systems in the Web Portal, which are liable to cause damage to the computer systems of ALPHATRAD, third parties or third users, as well as not to introduce hyperlinks that allow access to the Web Portal pages and services without due consent.
The User undertakes not to take any action that undermines the credit of ALPHATRAD or of third parties.
c.- Acceptance by the User: By using the Web Portal and reading the general conditions and the particular conditions, if applicable, the User undertakes to accept all the conditions without reservations. Thus, the User assumes full liability for improper, negligent, culpable or malicious use of the Web Portal and its content, and assumes the consequences and responsibilities arising from any legal action that may be filed because of their actions.
d.- Data collection forms. Notwithstanding the provisions of Clause 7 of this Legal Notice, as well as the privacy policies accessible from the Web Portal that may be applicable at any time the use of certain services or requests addressed to ALPHATRAD are conditioned to prior registration of the User.
Any information provided by the User through the Web Portal forms for the abovementioned purposes or any other data must be true. Hence, the User warrants the authenticity of all communicated data and will keep the information provided to ALPHATRAD perfectly updated so that it responds, at all times, to the real status of the User. In any case, the User will be solely responsible for any false or inaccurate statements given and the damages caused to ALPHATRAD or to third parties because of any information that has been provided by the User.
e.- Insertion of links to the Web Portal. The User who wants to enter links from their own websites to the Web Portal must comply with the conditions that are further detailed. Lack of knowledge regarding such conditions does not exempt the User from the responsibilities derived from the Law:
These links will only link with the home page of the Web Portal but shall not reproduce it in any way (inline links, copy of texts, graphs, etc.).
In any case, pursuant to the applicable law in force at any time, it will be forbidden to establish pop-ups of any kind that involve the Web Portal or allow the display of the Content through Internet addresses other than those of the Web Portal itself. Furthermore, content that is owned by the Web Portal, when viewed together with the Web Portal content, will be forbidden when they lead or may lead to error, confusion or deception in Users about the true origin of the service or Content. In addition, when such content may be seen as an act of comparison or unfair imitation; serve to take advantage of the reputation of the brand and prestige of ALPHATRAD; or in any other way that is prohibited by the current legislation.
No false, inaccurate or incorrect statement about ALPHATRAD, its partners, employees, customers or about the quality of its services shall be made from the website that enters to these links.
Under no circumstances, will the website, where the link is located, mention that ALPHATRAD has given its consent for the insertion of the link or that it otherwise sponsors, collaborates, verifies or supervises the services of the link provider.
The use of any denomination, graphic or mixed design, brand, trademark or any other distinctive sign of ALPHATRAD within the link provider’s website is prohibited, except in cases permitted by law or expressly authorised by ALPHATRAD and whenever a direct link to the Web Portal is permitted as established in this clause.
The website that provides the link must faithfully comply with the law and may not make use of or link its own content or third-party content that is illicit, harmful or contrary to morality and good customs in any case. Links that lead or may lead the User to the misconception that ALPHATRAD subscribes, endorses, adheres or supports any legal or illegal ideas, statements or expressions of the link provider in any way; which are inappropriate or not pertinent with the activity of ALPHATRAD regarding the place, content and theme of the link provider’s website.
5.- RESPONSIBILITY FOR THE WEB PORTAL OPERATION AND CONTENT
a.- Operation, and availability of the service: ALPHATRAD will not be responsible for failures in the operation of the Web Portal, nor for interruption, delays, slowness, loss or disconnections in communications and transmission of messages. ALPHATRAD, does not warrant or is responsible for the continuous and uninterrupted service and operation of the Web Portal.
b.- Liability for damages to the User: ALPHATRAD will not be responsible, directly or indirectly, for damages of any nature caused to the User due to failures and errors in the access, connections, transmissions, interruption that are not due to its services; as well as damages stemming from hacking activities, computer viruses, mass advertising. ALPHATRAD shall also be held harmless when the aforementioned damages arise from situations outside the Web Portal, such as failure of the User's computer, connection failures, internal viruses in the User's computer, communications delays and issues that the User may have with telecommunications service providers and/or operators, or when they are due to an event of force majeure.
c.- Responsibility for the content: ALPHATRAD does not warrant the quality, accuracy, suitability, completeness or reliability of the data, programs, information or opinions, whatever their source that are made available in the Web Portal.
Likewise, it shall not be responsible for decisions made based on information provided on the Web Portal or for damages caused to the User or third parties due to actions based solely on the information that was obtained on the Web Portal.
d.- Liability for third parties: ALPHATRAD will not be liable for acts performed by third parties outside the system, who violate security measures, engage in conduct against Users such as sending computer viruses, mass advertising or spam mail, commercial emails, interruption of service and access to messages.
e.- Responsibility for content and service links through the Web Portal. The access service to the Web Portal includes technical link devices, directories and search tools that allow the User to access other web pages and portals (hereinafter, 'Linked Websites'). In these cases, ALPHATRAD acts as an intermediary, as per article 17 of Law 34/2002, of July 12 on Information Society and E-Commerce Services (LSSI). ALPHATRAD will only be responsible for the content and services provided in the Linked Websites, if it has effective knowledge of their unlawfulness and has not deactivated such a link with due diligence. In the event that the User considers that a Linked Website has illicit or inappropriate content, they may communicate so to ALPHATRAD. In any case, this communication shall not entail the obligation to remove the corresponding link.
Under no circumstance, the existence of Linked Websites shall presuppose the existence of agreements with any responsible entities or owners thereof, or the recommendation, promotion or identification of ALPHATRAD with any demonstrations, content or services provided therein.
ALPHATRAD does not know the content and services of the Linked Websites and therefore is not responsible for damages caused by the illegality, quality, outdatedness, unavailability, error and uselessness of the content and/or services of the Linked Websites or for any other damage that is not directly attributable to ALPHATRAD.
6.- DATA PROTECTION
Data collected through the data collection forms of the Web Portal will be incorporated into an automated personal data file for which ALPHATRAD will be responsible. This entity will process any data confidentially and exclusively for the purpose of managing the relationship with its customers and promoting the activities of the Company. Likewise, ALPHATRAD will cancel, delete and/or block data deemed inaccurate, incomplete or that is no longer necessary or relevant for their purpose, in accordance with the applicable data protection legislation.
By pressing the 'send' button of the corresponding form, the User expressly consents that their data may be used for the submission of commercial communications via email or any other means. However, the User may object to the submission of such communications by sending an email to email@example.com. Likewise, in each of these commercial communications, the correct procedure to oppose the submission of new commercial communications will be expressly indicated.
In the data collection forms, the fields marked with an asterisk are mandatory. Hence, if the User does not provide the corresponding data, ALPHATRAD, in its sole discretion, may refuse to provide the corresponding service.
The User may revoke any consent given and enforce the rights of access, rectification, cancellation and opposition by contacting ALPHATRAD at the address informed in Clause 1.
ALPHATRAD adopts the security levels required by the Regulation on Security Measures approved by Royal Decree 994/1999 of June 6. Notwithstanding the above, Internet technical security levels are not foolproof and there may be leaks due to fraudulent actions by third parties.
7.- SERVICE MODIFICATIONS, SUSPENSION AND TERMINATION
a.- Modifications: ALPHATRAD reserves the right to make any modifications deemed appropriate in the Web Portal, by arranging, deleting or adding content at any time. The aforementioned modifications will be carried out unilaterally and without prior notice. In relation to the general and specific conditions, ALPHATRAD reserves the right to modify, amend and/or draft new clauses depending on the new activities that it may expand or to adapt to new regulations and legislation that may arise. Said modifications will only be mandatory as of their entry into force and shall be applied by the User whenever they access the Web Portal.
b.- Suspended service: ALPHATRAD reserves the right to suspend its service, unilaterally and without any further notice, or to deny access to the Web Portal, temporarily or indefinitely, to any User who fails to comply with these general or specific conditions, or engage in any illegal and illicit behaviour that is contrary to the law, public order and good customs.
c.- In case of unilateral termination of the service or forced shutdown of the Web Portal, ALPHATRAD will inform its Users previously of the causes of its termination, as well as the reasons for its decision. In these cases, ALPHATRAD undertakes to save the information stored on its server for ten calendar days, after which it will proceed to delete them. Such data deletion will not give rise to any liability by ALPHATRAD.
8- NOTIFICATIONS AND PROCEDURES
ALPHATRAD may send communications to its customers by post to the User's address, email, telephone calls or any other public means of communications, provided that this information has been properly made known to ALPHATRAD.
In this sense, all the notifications made by ALPHATRAD to the User will be considered validly made, if they have been made using the aforementioned data and means.
All notifications and communications made to ALPHATRAD by the User will be deemed effective for all purposes, when they are addressed ALPHATRAD as follows:
- Communications by post to the following address: C/Infanta Mercedes, 31 2ª planta 28020 Madrid.
- Communications via email to: firstname.lastname@example.org
9.- REPORTING OF ILLEGAL AND IMPROPER ACTIVITIES
If the User or any other Internet user has knowledge that the Linked Websites refer to pages whose content or services are illegal, harmful, degrading, and violent or contrary to morality, they may contact ALPHATRAD informing the following points:
- Personal data of the reporting entity: name, address, telephone number and email address;
- Description of the facts that depict the illegal or improper nature of the Linked Website;
- In the case of violation of rights, such as intellectual and industrial property, the personal data of the owner of the infringed right when it is a person other than the reporting entity. The title that proves the legitimate data owner rights must also be provided and, where appropriate, the proxy to act on behalf of the owner when it is a person other than the reporting entity;
- Express statement that the information contained in the claim is accurate.
Reception by ALPHATRAD of the communication provided in this clause will not imply, pursuant to the provisions of the LSSI, effective knowledge of the activities and/or content informed by the reporting entity.
10.- LEGISLATION AND VENUE
All matters relating to the Web Portal are governed by the Spanish Laws in all their aspects and are subject to the jurisdiction of the competent Courts and Tribunals of Spain.