Please, read carefully this document, which is the Legal Notice and the Usage Terms and Conditions that regulate the access, browse and use of the GRUPO S21SEC GESTION, S.A. website, located in the www.s21sec.com URL, (hereinafter, the Website).
The access, browse and use of the website implies, on your side, the full, express and unconditional acceptance of all of the terms and conditions of the present Legal Notice, which has the same validity and effectiveness of a written and signed, physical agreement.
Adherence and binding to this agreement will constitute an obligation for any person accessing, browsing or using the Website. If you do not agree with the abovementioned terms, do not access, do not browse and do not use the Website.
INTRODUCTION AND COMPANY INFORMATION
GRUPO S21SEC GESTION, S.A.(hereinafter, “S21SEC”) is a company with registered address in Parque Empresarial Zuatzu, Edificio Urgull, 2ª planta,
20018 San Sebastián, Guipuzcoa, Spain, and Spanish VAT number C.I.F ESA20686150.
To communicate with S21SEC, in a direct and efficient manner, you can use the firstname.lastname@example.org email address.
PURPOSE AND SCOPE OF APPLICATION
2.1. These Terms and Conditions regulate the access to the contents and to all the services and products offered by S21SEC at the Website, together with their utilization by the Users.
However, S21SEC reserves the right to modifying the presentation, configuration and contents of the Website, as well as the right to modify the terms and conditions required to access and use the Website. The use and access of the contents and services after the enforcement of their modification or after changing the terms and conditions imply their immediate acceptance by anyone accessing the site.
2.2. Notwithstanding the abovementioned, the access to certain contents and the use of certain services may be subject to certain, special terms and conditions, which, depending on each case, will substitute, complement and/or modify the terms and conditions of use hereby stated and, in case that a contradiction or an incompatibility exists between them, the special terms and conditions will prevail over the general terms and conditions.
Before using, acquiring, subscribing to or making a reservation to confirm a future acquisition of any of the products or services offered by S21SEC, the User must carefully read all the special terms and conditions specified, where relevant, for that purpose, by S21SEC. The use, acquisition, subscription, or reservation to confirm a future acquisition of any of these products or specific services implies the acceptance of the specific conditions that regulate them in the Website version published by S21SEC at the time that the mentioned use, reservation or acquisition takes place.
2.3. The access, browse and use of the website implies the acceptance on the User side, of the present Legal Notice and all of the terms and conditions included hereby.
In this regard, User shall mean the person who accesses, browses, uses or participates on the services and activities, whether they are free or at a cost, developed at the website.
3.1. The access to the contents and the use of the services offered by www.s21sec.com is free of cost, although some of the services and contents offered by S21SEC to third parties via the website may be subject to the prior acceptance of an agreement, and to the payment of an amount of money which will be indicated in the agreement itself.
3.2. The access to the Website by minors is forbidden, unless they have the prior express permission of their parents, legal tutors or legal representatives, they´ll be responsible for the acts carried out by minors in their care according to the regulations in force. In any case, the access to the Website by a minor will be presumed as performed with an express authorisation previously granted by his parents, legal tutor or legal representative.
3.3. Accessing and browsing the Website does not require you to register as a user, however, in order to access the reservation and/or contracting of certain products and/or services may require you to previously register in the website by selecting a user name and a password.
The password, personal and nontransferable, must be generated by the User always in full compliance to the rules of robustness and complexity established by S21SEC. The password established by the User will be valid for an unlimited time.
If the user selects a password which does not comply with the minimum requirements established by the Password Policy approved by S21SEC and currently in force, the user will be notified about this failure to comply and about the rules that his password must comply with, so that the holder can be registered as a User in S21SEC’s User Registry.
Notwithstanding the aforementioned, the Website offers the necessary functionalities so that the User may change his password whenever he deems it appropriate, for instance, in case that he suspects or confirms that the confidentiality of his password has been violated.
3.4. The password will have a personal and nontransferable nature. The User is committed to make a diligent use of his password and to keep it secret, not transmitting it to anyone and neither to S21SEC. This is to say that the Users are responsible of the proper custody and confidentiality of any identifier and/or passwords they have selected as S21SEC’s registered Users, and they are committed to never transferring their use to third parties, whether temporarily or permanently or allowing their use by anyone outside themselves. Any illicit use of the Website performed by any illegitimate third party which uses a password for such a purpose, due to a non-diligent use of it by the User, or due to the User loosing it, will be the full responsibility of the User.
By virtue of the foregoing, the User has the obligation of immediately notifying the Website administrators about any fact that may allow the improper use of the identifiers and/or passwords, such as the theft, lost or non-authorised access to them, in order to proceed to their immediate cancellation.
S21SEC are fully relieved from any responsibility that may arise out of the improper use of identifiers or passwords by non authorised third parties prior to these facts being expressly notified to S21SEC.
INTELLECTUAL AND INDUSTRIAL PROPERTY COPYRIGHTS
The Website is ruled by the Spanish laws and by the national and international laws about, industrial and intellectual property.
In no case it will be understood that the access and browsing of the Website by the User, or the use, acquisition or contracting of any product or service offered at the Website implies the full or partial resignation, transmission, licensing or transferring of the mentioned rights by S21SEC. The User has a strictly private right of use, which has the exclusive end of enjoying the service features in accordance to the General Conditions hereby expressed.
The references to names and commercial or registered brands, logos or other distinctive symbols, whether they are held by S21SEC or by third parties, is implicitly prohibited if it lacks the express authorization of S21SEC or that of their legitimate owners. In no occasion, the access to the Website and/or to any of its contents and/or services, grants the User any right over the copyrighted brands, logos and/or distinctive symbols contained in it, unless this is expressly stated.
All Intellectual and Industrial Rights regarding the contents and/or services are reserved and, it is specifically forbidden to modify, copy, reproduce, communicate in public, transform or distribute in any form a part or the entirety of the contents and/or services included in the Website for any public or commercial purpose without the previous, written, express authorization of S21SEC or, when applicable, of the holder of the affected rights.
The User is committed to use the Website in accordance to the law and to the General Conditions hereby expressed. Furthermore, the User is committed to refrain from using the Website with any unlawful purpose or with any purpose contrary to the General Conditions hereby stated.
When making use of the services, the User implicitly expresses his agreement with the General Conditions hereby expressed, committing himself to never transmitting, disseminating, broadcasting, or making available to third parties any type of material that, in any form, contravenes the law in force, through any service provided by www.s21sec.com.
Specially including but not limited to the commitment on the User side not to collect any data with any commercial or advertising purpose, not sending any type of online advertising or message chains and not transmitting, disseminating, broadcasting or making available to third parties, through the Services provided by www.s21sec.com, information, messages, charts, graphs, sound or image files, pictures, recordings, software and, in general, any type of material including but not being limited to:
- Incurring into any activity which could be illicit, unlawful or against the good faith or against the public policy
- Contravening in any form, underestimating or violating the fundamental rights or public freedoms recognised by the Spanish Constitution or by the International Treaties or by the rest of the legal ordinances;
- Inducing, inciting or encouraging criminal, denigrating, defamatory or violent actions;
- Inducing, inciting or encouraging sex, race, religion, belief or age discriminatory actions, attitudes or ideas;
- Incorporating criminal, violent or degrading messages;
- Inducing or inciting involvement in dangerous, risky or physical or mental health balance damaging practices;
- Being false, ambiguous, inexact, exaggerated or outdated, so that they can induce to an error about their goal or about the intentions or purposes of the sender;
- Being protected by any right of intellectual or industrial property held by third parties, without the User having previously been granted the necessary authorisation by the rights holders in order to make the use he is making or intending to make;
- Violating or revealing company, commercial or industrial secrets from third parties;
- Being contrary to the right to honour or the right to personal and family privacy or to the right to keep one’s image from being commercially exploited or disseminated
- Breaching the regulations about the communications secrecy regulations;
- Making the proper provision and operation of the Services difficult due to their characteristics (for instance, by using certain formats or extensions).
In the case that the User sends any type of information to S21SEC via the Website, by using any of the communication channels provided for this purpose at the Website, the User declares, guarantees and accepts that he has the right to do it freely, that the information being sent does not breach any intellectual right , copy right, trade mark right, trade secret or any other right held by any third party, and that the information being sent is not of a confidential nature and that it cannot potentially represent any damage to any third party.
The User hereby acknowledges and assumes full responsibility, discharging and holding S21SEC harmless, for any communication sent by the User or sent on his name, keeping this responsibility, fully and without any reserves, the accuracy, legal context, ownership and originality of its own.
RESPONSIBILITIES AND GUARANTEES
S21SEC cannot guarantee the reliability, usefulness or veracity of the services and the information delivered through the Website, neither the usefulness nor the veracity of the documentation about the services or products which can be acquired through the Website, prepared by professionals coming from different sectors.
As a result, S21SEC does not guarantee or are held responsible for: (i) the continuity of the contents of the Website; (ii) the absence of errors in those contents or within the products; (iii) the absence of viruses and/or other malicious items in the Website or in the server that hosts it; (iv) the invulnerability of the Website and/or the unassailable condition of the security measures taken to protect it; (v) the lack of usefulness or the performance of the contents and products of the Website; (vi) the damages caused to himself or to a third party by any person that breaches any term, condition, rule or instruction established or given by S21SEC for the Website or by exploiting a vulnerability of the security systems of the Website.
Notwithstanding the aforementioned, S21SEC declares that all the necessary measures have been adopted at their reach and that today’s technology allows for, to ensure the working order of the Website and to avoid the existence and transmission of viruses and other malicious components to the Users.
If the User is aware of the existence of any illicit, illegal, against the law or such that it could lead to a breach of intellectual or industrial rights, he must immediately notify it to S21SEC so that they can proceed to the implementation of the appropriate measures.
8.1 Links to Other Websites.
In case that the User could find access to other websites through different buttons, links, banners, etc found in the Website, these would be managed by third parties, S21SEC does not have the authority or the human or technical resources to know, control, disapprove or approve any of the information, contents, products or services offered by other websites that could be accessed through links found in the Website.
As a result, S21SEC cannot assume any type of responsibility resulting from any aspect related to any of the websites that could be accessed through any link found on the Website, specifically including but not limited to their working order, access, data, information, files, quality and reliability of their products and services, the links they may, in turn, contain and/or any of their contents in general.
In this sense, if the Users would have effectively acknowledged any illicit activity taking place through any of these third party websites, they should immediately communicate it to S21SEC for the purpose of proceeding to disable the link giving access to it.
The existence of any type of link enabling access from the Website to any other website will not imply that there is any type of relationship, cooperation or dependence between S21SEC and the party responsible for the website that the link is pointing to.
8.2 Links From Other Websites Pointing at the Website.
If any User, entity or Website would like to establish any type of link pointing at the Website, he must adhere to the following stipulations:
The link can only address the Home Page from the Website, unless a written and express authorisation from S21SEC exists indicating otherwise.
The link must drive the User to view the Website presenting it, in its full, complete view, meaning that it should take the User, after clicking once on it, to the Website’s URL showing the Website’s home page reaching out to cover the full extension of the screen. Unless expressly authorised, by written notice, by S21SEC, in no case the website linked to the Website can reproduce, in any form, the Website, nor include it as part of its own website or inside any of its frames or implement any type browser upon any of the web pages of the Website.
In the web page where the link to the Website is, it can never be stated that S21SEC has authorised such a link, unless S21SEC has indeed expressly authorised the link by written notice. If the entity establishing the link wishes to properly include the brand, denomination, commercial name, trade mark, logo, slogan or any means of identification of S21SEC and/or the Website, it must previously have obtained an express, written authorisation from S21SEC.
S21SEC does not authorise placing any links pointing at the Website in any website containing any illicit, illegal, degrading or obscene materials, information or contents nor, in general, anything going against the moral values, the public policy or the generally accepted social code of conduct.
S21SEC does not have the authority nor the human or technical resources to know, control, disapprove or approve any of the information, contents, products or services offered by other websites that could include links pointing at the Website. As a result, S21SEC cannot assume any type of responsibility resulting from any aspect related to any of the websites that include any type of link pointing at the Website, specifically including but not limited to their working order, access, data, information, files, quality and reliability of their products and services, the links they may, in turn, contain and/or any of their contents in general.
TERM AND MODIFICATIONS
11.1. S21SEC can partially, or in its entirety, modify the terms and conditions hereby stipulated, by publishing any such modification in the same manner that this Legal Notice is shown or through any type of communication addressing the Users.
11.2. The Term of this Legal Notice is, therefore, the period of time it is being shown, until any partial or entire modification is published, which will be the effective date of commencement for the modified Legal Notice term.
11.3. Notwithstanding the aforementioned particular conditions, S21SEC may, at any point in time, without any previous notice, terminate, suspend or interrupt the access to some or all of the contents of the Website, with no possibility on the User side of claiming any type of compensation at all. Following such termination the prohibitions on use of the contents stated above in this legal notice shall survive.
12.1. The headers of all the clauses are only informative and will not affect, describe nor modify the extent or the interpretation of the Legal Notice.
12.2. In the case that any disagreement happens to exist between what this Legal Notice establishes and the particular conditions of each specific service, the latter will prevail.
12.3. In the case that any regulation or regulations of this Legal Notice was (were) declared void or inapplicable partially or entirely by any Judge, Court, Tribunal or by any competent Judicial Administration, the aforementioned voidness or inapplicability will not affect any of the other regulations included in this Legal Notice.
12.4. The non-exercise or the nonexecution on the side of S21SEC of any right or regulation included in this Legal Notice does not imply a renouncement to that right or regulation, unless expressly recognised and agreed by written notice by S21SEC.
12.5. The present version of the Legal Notice is an informative translation of the enforceable version in Spanish. In the event of a discrepancy between the English and Spanish versions of this document, the text of the Spanish version shall prevail.
APPLICCABLE LAW AND JURISDICTION
The relationship established between S21SEC and the User will be governed by the current laws of Spain. S21SEC and the User, hereby expressly renounce the right of use of any local court or law that could be of application, and expressly agree that any dispute shall be finally resolved by the Spanish Courts in the city of Madrid, Spain.