A) STATUTORY INFORMATION
“CLEVEROX, with NIF (tax ID code) 8247126, is a private business, and has its registered address at 3rd Floor
207 Regent Street
W1B 3HH (UK).”
B) GENERAL TERMS AND CONDITIONS
1.- Preliminary information. Acceptance
The general terms and conditions included in this legal notice govern use of all the services and content which CLEVEROX makes available to users Internet portal www.cleverox.com hereinafter referred to as “the Portal”.
These general terms and conditions have been drawn up in accordance with Ley 34/2002 de servicios de la sociedad de la información y de comercio electrónico (Law on information society services and e-commerce, LSSICE), Ley Orgánica 15/199 de Protección de datos de Carácter Personal (Organic Data Protection Law), Royal Decree 1720/2007 approving the Rules implementing the Data Protection Law, Ley 7/1998 sobre Condiciones Generales de Contratación (Contract Terms Law), Real Decreto 1906/1999 (Royal Decree governing contracts concluded by telephone or electronically with general terms and conditions) implementing Article 5.3 of Law 7/1998; Ley 26/1984 General para la Defensa de los Consumidores y Usuarios (Consumer Protection Act), Ley 7/1996 de Ordenación del Comercio Minorista (Retail Trade Law) (as amended by Law 47/2002 of 19 December), and such other statutory provisions as are applicable.
Simply by using the Portal the user indicates their full and unreserved acceptance of these general terms and conditions, which may be varied by CLEVEROX at any time. It shall therefore be the responsibility of users, each time they propose using the Portal, carefully to read these general terms and conditions.
The use of certain services offered to users via the Portal is governed by special conditions which may, depending on the case, replace, supplement and/or vary these general terms and conditions. Users must read and accept those special conditions when they intend to obtain those services. Similarly, certain services offered by third party partners of CLEVEROX to users of the Portal may contain their own general contract terms and conditions. The user must carefully read the relevant contract terms and conditions before using such services provided by third party partners of CLEVEROX.
CLEVEROX gives notice that the procedures for obtaining the services offered are those described in these general terms and conditions and, where applicable, in the relevant special conditions, and such other specific procedures as may be indicated on screen during browsing, and the user therefore represents that he or she is aware of and accepts those procedures as necessary in order to access the services offered on the Portal.
2. Terms of Portal access and use
The services offered by CLEVEROX on its Portal are, as a rule and unless indicated otherwise, free of charge. However, some of the services supplied via the Portal (whether by CLEVEROX or by third parties) may be subject to payment of a charge in which case the terms of sale set for the provision of those services shall apply.
Access to the services supplied via the Portal shall not as a rule require users to have previously subscribed or registered, without prejudice to the fact that access to certain services does require prior completion of the corresponding user registration. The username and password given to the user by CLEVEROX are identifying and enabling information allowing access to services and are personal and non-transferable. CLEVEROX may, giving adequate notice, change the username and/or password, in which case the codes thus changed shall become invalid.
Users warrant that they are under 14, and that the information provided as a result of contracting for any services which require user registration is true and authentic, and undertakes to keep that information up to date.
The user undertakes to use the content and services available via the Portal in accordance with these general terms and conditions and any special conditions laid down for particular services, and in accordance with legislation, public morality, custom and public policy.
The user shall uphold the intellectual and industrial property rights of CLEVEROX and/or third parties, and shall therefore refrain from reproducing, copying, distributing, making available or in any other manner publicly exhibiting, transforming or modifying the content, without the consent of the owner of those rights or where permitted by legislation.
The user shall not be entitled to use data obtained from the Portal to send any advertising, promotional or commercial electronic communications to which the persons affected have not previously given their consent.
A user who intends to create a hyperlink between their web page and the Portal shall comply with the following requirements:
a. it must not give rise to confusion in the minds of potential users as regards the provenance and ownership of each web page, and the hyperlink shall therefore only allow access to the home page or start-up page of the Portal, and shall not create a frame in the Portal web pages
b. the web page in which the hyperlink is created shall not contain information or content which is false, inaccurate, illicit or unlawful or contrary to public morality, generally accepted custom or public policy and shall not host content which infringes the rights of third parties.
The creation of the hyperlink shall under no circumstances imply any relationship between CLEVEROX and the owner of the web page in which it is created, nor that CLEVEROX accepts or approves its content or services and it therefore shall not be represented or suggested that CLEVEROX has authorised the hyperlink or has supervised or adopted the services made available to the web page in which the hyperlink is created.
3.1. Operation of the Portal
CLEVEROX does not warrant the availability or continuity of operation of the Portal, its services and their content, and therefore shall not under any circumstances be held liable for any loss or damage of any kind due to the non-availability or non-continuity of the Portal or of any of its services, or by failures in access to the various web pages on the Portal or any from which specific services are provided.
3.2. The content and services on the Portal
CLEVEROX does not warrant that the Portal can be used for any particular activity or that its content and services are suitable for specific purposes, and the information, content and services are therefore used at the user’s sole liability.
The content contained on the Portal is provided in good faith by CLEVEROX using information from both internal and external sources. In view of that fact and of the large quantity of information made available to the user via the Portal, CLEVEROX cannot warrant that the information is completely reliable, lawful, accurate and up to date, despite the fact that it uses its best endeavours to do so.
Under Article 16 LSSICE, CLEVEROX shall not under any circumstances have direct or secondary liability for any content, information, disclosure, opinion or statement of any kind disclosed, disseminated, transmitted or publicised on the Portal which comes from external sources, provided it was not actually aware thereof.
According to Article 16 LSSICE, CLEVEROX shall be deemed to have the actual knowledge referred to in the preceding paragraph where a competent body has found the data to be illicit, has ordered its withdrawal or prevented access to the data, or where there has been found to be injury, and the provider is aware of the corresponding decision, without prejudice to any procedures for the detection and withdrawal of content implemented by providers under voluntary agreements and to any other methods of acquiring effective knowledge which may be put in place.
The Portal makes technical linking mechanisms available to users (such as, amongst others, links, banners and directories) giving access to web pages or sites belonging to and/or managed by third parties which are neither owned by CLEVEROX nor with which it has a connection of any kind. Accordingly, CLEVEROX shall not be responsible for monitoring and surveillance of their content and shall not therefore have any direct or secondary liability for those web pages or sites. The user must exercise care in assessing and using the information, content and services made available to it via those mechanisms.
Nor shall CLEVEROX have any liability arising from the provision of services or of goods or products acquired or obtained from third parties by an access point on the Portal, in particular where the purchasing or contracting process takes place directly on the web page of the third party.
3.3 Use of the Portal by users
CLEVEROX cannot control the use made by users of the Portal, its services and content and therefore shall not be liable for any loss or damage of any kind due to any illicit, incorrect, inappropriate or inadequate use which users may make of the Portal, its services or its content.
Nor does CLEVEROX warrant that use of the Portal is confidential and secure and, in particular does not warrant that unauthorised third parties cannot become aware of the type, terms, characteristics and circumstances of use of the Portal by users and it therefore shall not be liable for any loss or damage of any kind which such unauthorised access may cause.
In the event of a user causing damage to third parties, by use of any product, service, content and/or tool provided via the website, or from misuse of such products, services, content and/or tools, the user expressly relieves CLEVEROX of any liability attributed to it.
Accordingly, the user shall bear solely and exclusively any liability arising as a result of the foregoing. The user shall likewise bear the expenses, costs and any damages which may arise from legal proceedings caused by failure to comply with these terms and conditions and the applicable rules.
Users shall be solely and exclusively responsible for their identity and Portal access codes. CLEVEROX shall not be held liable for improper use of those access codes or for the consequences of any kind if users or unauthorised third parties misuse , mislay or forget them.
4. Intellectual and industrial property
All the content, which shall mean, listed non-exhaustively, the texts, photographs, illustrations, graphics, software, databases, graphic designs, source code, audiovisual and sound content and the names, logos and trademarks accessible on the Portal, is subject to industrial and intellectual property rights owned by CLEVEROX unless indicated otherwise. Accordingly, that content constitutes works protected by Spanish and Community intellectual and industrial property legislation.
Access by the user to the content and services on the Portal shall not under any circumstances imply any form of waiver, transfer or assignment of those rights in full or in part, nor confer any rights to use, change, exploit, reproduce, distribute or publicly disclose the content or distinctive signs which constitute intellectual or industrial property, without the prior express consent specifically given for that purpose by CLEVEROX or the third party right holder.
Users shall only be entitled to view and to make copies of the content for their exclusive personal use, and must exercise those rights in accordance with good faith and the applicable legislation.
The following in particular are prohibited:
· Presentation of a page from the Portal in a frame on a different web page not belonging to CLEVEROX, using the “framing” technique unless CLEVEROX has given its express written consent.
· Inclusion of an image disseminated on the Portal, on a page or database not belonging to CLEVEROX, using the “in-line linking” technique unless CLEVEROX has given its express written consent.
CLEVEROX shall expressly authorise the creation of hypertext links (hyperlinks) in a different website to the home page or any other internal page of this Portal, provided the corresponding pages appear in a full window and under its electronic addresses.
Any rights not expressly granted previously shall be reserved to CLEVEROX or the third party holders.
5. Procedure in the event of illicit activities
Where any user or a third party considers there to be facts or circumstances which reveal that use of any content and/or any activity on the web pages included in or accessible from the Portal and, in particular, the infringement of intellectual or industrial property rights, is illicit, they shall send a notice to CLEVEROX containing the following information:
1. Personal details of the complainant: name, address, telephone number and e-mail address;
2. Particulars of the alleged illicit activity carried on on the Portal and, in particular, in the case of an alleged infringement of rights, an exact and specific indication of the protected content and its location on the web pages;
3. The facts or circumstances indicating the illicit nature of the activity;
4. In the case of an infringement of rights, the manuscript or equivalent signature and personal details of the holder of the rights allegedly infringed or of the person authorised to act on behalf of that holder;
5. An express, clear declaration made at the liability of the complainant that the information given in the notice is accurate and that the use of the content or performance of the activities described is illicit.
6. Data protection
In accordance with Organic Data Protection Law 15/1999 (hereinafter LOPD) and its implementing regulations, approved by Royal Decree 1720/2007 of 21 December (hereinafter RLOPD), CLEVEROX hereby informs users of its Data Protection Policy, so that they can freely and voluntarily decide whether they wish to provide the personal data which may be required of them in connection with subscription or registration for any of the services offered. Save in the fields where indicated otherwise, replies to questions relating to personal data are voluntary.
CLEVEROX reserves the right to change this Policy to adapt it to innovations or requirements of the legislation and case law and to trade practices, taking into account at all times the legitimate interests of consumers or users. A number of services provided on the Portal may contain special conditions with specific terms relating to data protection.
6.1. Confidentiality in the automated processing of users’ personal data
The personal data gathered by CLEVEROX via the Portal shall be processed secretly and confidentially.
CLEVEROX has adopted the levels of data protection security required by statute and has put in place all the resources and technical measures available to it to prevent the loss, misuse, alteration and theft of and unauthorised access to the personal data provided in accordance with the RLOPD. Notwithstanding the foregoing, users must be aware that Internet security measures are not inviolable. The personal data gathered shall be the subject of automated processing and included in the corresponding automated files owned by and under the responsibility of CLEVEROX, which have been duly registered at the Registro General de Protección de Datos (Data Protection Registry).
CLEVEROX shall provide users with the appropriate technical resources so that, prior to providing their personal data, they can access this notice about the Data Protection Policy or any other relevant information, and can give their consent so that CLEVEROX can then carry out automated processing of users’ personal data. Users’ acceptance of their personal data being processed is revocable at all times, without retroactive effect.
6.2. Purpose of gathering and automated processing of personal data
The purpose of the gathering and automated processing of the personal data requested is the management, administration, provision, expansion and improvement of services offered by CLEVEROX on the Portal from time to time. They are also intended for quantitative and qualitative research into users’ visits and use of the services, the design of the new services related to CLEVEROX’s services and updates to them, and the sending by conventional or electronic means of technical or operational information and information relating to the specific profiles selected by the user in the Subscription Form, survey forms or commercial or advertising information about the products or services offered by CLEVEROX or third party partners.
Users are not obliged to receive that advertising or survey forms, and can so indicate using the means provided by CLEVEROX for that purpose in the Subscription Form for the services offered, by written communication or directly using the procedure referred to in each commercial communication.
CLEVEROX, may, as the result of the existence of a previous contractual relationship, send commercial communications relating to products or services similar to those initially contracted by users, without requiring their authorization or making any express request. However, users shall in any event have access to the means described above to express their objection to receiving such commercial communications.
CLEVEROX will under no circumstances employ users’ personal data for purposes other than those referred to above, save with prior warning given on the Portal giving a reasonable period for the user to object.
Users represent that all data supplied by them are true and accurate, and undertake to inform CLEVEROX of changes in those data. Users are entitled to oppose the processing of any of their data which are not strictly necessary for conclusion of the contract and to their use for any purpose other than the maintenance of their contractual relationship.
User also represent that they are over 14 and have acknowledged sufficient legal capacity to contract for the services offered by CLEVEROX, in accordance with the applicable rules.
Where the user supplies third party data, CLEVEROX cannot be held liable for compliance with the principles of disclosure and consent, and it must therefore be the user who represents that it has previously informed and obtained the consent of the data owner for disclosure of that data.
6.3. Transfer of users’ personal data to third parties
Users’ personal data shall not be transferred to third parties without the prior consent of the users. Where that occurs, CLEVEROX shall expressly inform the user of the transfer of his or her personal data to third parties, stating the identity of the transferees and the purpose of the transfer of personal data.
Notwithstanding the preceding paragraph, users consent to information in their personal data being used when so required by the competent administrative authorities or by court order.
Users’ acceptance to their data being transferred shall be revocable at all times, without retroactive effect.
6.4. Users’ rights in relation to their personal data
Users have by law and shall be entitled to exercise the rights of access, rectification, cancellation and opposition to the processing, use and transfer of their data and to do so must send a letter or e-mail to 207 Regent Street
W1B 3HH (UK)
When users browse through the Portal they may receive cookies on their computer sent from the CLEVEROX server or, on our behalf, from servers of third party undertakings engaged by us to provide advertising and audience tracking services. The undertakings from which cookies are sent may not under any circumstances know users’ personal data. Where users allow receipt of cookies, they can find out the server from which they were sent, by consulting the instructions for use of their browser.
They do not provide any personal data about the user and allow the server on which the Portal is installed to recognize the browser on the computer used by the user in order to make browsing simpler. They may also, provided the user has registered previously, allow access to exclusive content for registered users of the Portal without having to register on each visit.
Users may configure their browser to warn them on screen that it has received cookies. Users may also prevent cookies from being installed on their computer, and to do so must consult the instructions of the use of their browser.
All notices and communications (hereinafter “Notices”) from the user to CLEVEROX shall be treated as effective for all purposes when they are sent in any of the following ways:
a. By post to the following address: 207 Regent Street
W1B 3HH (UK)
b. By e-mail to the following address: email@example.com
8. Withdrawal and suspension of services
CLEVEROX may at any time and with no requirement for prior notice withdraw or suspend the provision of services to users who infringe these general terms and conditions or the special conditions for a particular service.
9. Duration and termination
The Portal service and other services shall, in principle, be provided with indefinite duration. CLEVEROX may, however, terminate or suspend the provision of the Portal service and/or any service at any time, without prejudice to what may be provided in that respect in the corresponding special conditions. Where reasonably possible, CLEVEROX shall give prior warning of the termination or suspension of the provision of the Portal service and other services.
10. Applicable of law and jurisdiction (under section 7 of the German version)
These general terms and conditions shall be governed by Spanish legislation.
CLEVEROX and the user, expressly waiving any other jurisdiction to which they may be entitled, submit to the courts and tribunals of Madrid in respect of any dispute which may arise from application of the services or interpretation or application of the general terms and conditions.