The access, navigation and use of the website www.riskms.es (hereinafter, the “Website”) implies the express and unreserved acceptance of all the terms of this Legal Notice. Your observance and compliance will be enforceable with respect to any person who accesses, navigates or uses the Website.
Owner: RISK MANAGEMENT SOLUTIONS, S.L. (hereinafter, the “Holder”)
Registered Office Address: Calle Ochandiano, 8, 28023 (Madrid)
N.I.F .: B-86482361
Registration data: Tomo 29994; folio 141; Sheet number: M-539810; Inscription: 1; Daily 3; Seat 138.
This Legal Notice regulates the access, navigation and use of the Website, without prejudice to the Owner reserves the right to modify the presentation, configuration and content of the Website, as well as the conditions required for its access and / or use. The access and / or use of the Website after the entry into force of its modifications or changes suppose the acceptance of them.
However, access to certain content and use of certain services may be subject to certain specific conditions, which will in any case be clearly displayed and must be expressly accepted by users. These particular conditions may replace, complete or, if necessary, modify those established in this Legal Notice.
3 ACCESS AND REGISTRATION
Access and use of the Website does not require registration. However, access and navigation through the Website supposes that the user of the same accepts in its entirety and is obliged to fully comply with this Legal Notice, as well as the instructions or recommendations that are indicated in each specific case through Website.
In any case, access and navigation on the Website by children under fourteen (14) years of age are prohibited, unless they have prior and express authorization from their parents, guardians or legal representatives, which will be considered as responsible for the acts carried out by minors under their care, in accordance with current legislation. In any case, it will be presumed that the access made by a minor to the Website has been done with prior express authorization of their parents, guardians or legal representatives.
4 INTELLECTUAL PROPERTY RIGHTS
The Holder owns or, where appropriate, has the corresponding licenses on the intellectual and industrial property rights necessary to operate the Website, as well as all the contents offered therein, including the Website itself, texts , photographs or illustrations, logos, brands, graphics, designs, interfaces, or any other information or content, and the services available through it.
In no case will it be understood that the access, navigation and use of the Website by the user implies a resignation, transmission, license or total or partial transfer of said rights by the Holder. The user has a right to use the contents and / or services of the Website within a strictly domestic scope and solely for the purpose of enjoying the benefits of the service in accordance with this Legal Notice.
References to registered trademarks or trade names or other distinctive signs, whether owned by the Owner or by third parties, imply a prohibition on their use without the consent of the Owner or its rightful owners. At no time does the access, browsing or use of the Website and / or its contents grant the user any right over any distinctive signs included therein, except as otherwise provided in this Legal Notice.
All rights of intellectual and industrial property on the contents and / or services of the Website are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Website, for any purpose, if the prior authorization, express and written authorization of the Owner or, as the case may be, of the Owner of the corresponding rights.
Likewise, it is prohibited to delete or manipulate the indications of copyright or other credits that identify the rights holders of the contents that the user finds in the Website, as well as the technical devices of protection, the fingerprints, or any mechanism of protection or information incorporated into the content offered on the Website.
In the event that the user sends information or contents of any kind to the Holder through any of the channels enabled for the purpose, the user declares, guarantees and accepts that he has the right to do so freely, that said information does not infringe any right of ownership intellectual, industrial, trade secret or any other rights of third parties, and that such information is not confidential and is not harmful to third parties.
The user acknowledges to assume the responsibility, leaving undamaged to the Holder, by any communication or contents that sends personally or in his name.
If the user becomes aware of the existence of any illegal, illegal, unlawful, or otherwise infringing intellectual, industrial or other intellectual property rights, he or she shall immediately notify the Licensee through the address email email@example.com or through Calle Ochandiano, 8, 28023 (Madrid) so that it can proceed to the adoption of the appropriate measures.
Likewise, in the event that any user or third party considers that any of the contents of the Website owned by the Owner infringes their intellectual property rights, industrial or any other, you must send a communication to firstname.lastname@example.org or Calle Ochandiano, 8, 28023 (Madrid) with the following information:
- Identification data and means of contact of the claimant or his legal representative.
- Documentation proving their status as Owner of rights allegedly infringed.
- Detailed report of the rights allegedly infringed by the Holder, as well as its exact location within the Website.
- Express declaration by the claimant that the use of the contents has been made without the consent of the Owner of the rights allegedly infringed.
5.1. LINKS TO OTHER WEB PAGES
In the event that the Website shows links to other websites through different buttons, links, banners or embedded content, the Holder reports that these are managed by third parties, the Holder does not have the human or technical means to know and / or control and / or approve all information, content, products or services provided by other platforms to which links may be established from the Website.
Consequently, the Holder may not assume any responsibility for any aspect relating to the Website or web page to which a link could be established from the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents, in general.
In this sense, if the users have effective knowledge that the activities carried out through these third party websites are illegal or contravene morality and / or public order, they must immediately notify the Card Holder for the purpose of disabling the access link to them, action that will be carried out in the shortest possible time.
In any case, the establishment of any type of link from the Website to another third-party website will not imply that there is any relationship, collaboration or dependency between the Owner and the person responsible for that third-party website.
5.2. LINKS TO THE CHANNEL OF THE HOLDER IN OTHER PLATFORMS AND SOCIAL NETWORKS
The Holder makes available to users, through different tools and applications, links that allow users to access the channels and pages of the Website that maintains in different platforms and social networks owned and / or managed by third parties ( such as Facebook, YouTube, etc.). The inclusion of these links in the Web Site has the sole purpose of providing users with access to these channels in different platforms and social networks.
The establishment of these applications does not imply the existence of any relationship between the Owner and the owner, manufacturer or distributor of the linked Website, nor the acceptance and approval by the Holder of its contents and / or services, being its owner, manufacturer or distributor solely responsible for them.
The activation and use of these applications may lead to the identification and authentication of the user (login / password) on the corresponding platforms, completely outside the Website and beyond the owner’s control. When accessing such external networks, the user enters an environment not controlled by the Holder, so that the Holder will not assume any responsibility for the security settings of those environments.
As the Holder may have limited control over the content hosted on such channels, the user acknowledges and accepts that the Holder does not assume any responsibility for the content or services to which the user can access on those pages, nor for any content, products, services, advertising, or any other material available therein.
5.3. LINKS ON OTHER WEB PAGES WITH DESTINATION TO THE WEB SITE
The Holder does not authorize the establishment of a link to the Website from those pages that contain illegal, illegal, degrading, obscene material and information, or contents that violate laws, morality or public order, or social norms generally accepted.
In any case, the users will be able to establish links that direct to the Web Site, as long as they fulfill the following conditions:
- the link may not reproduce the content of the Website or parts thereof in any way;
- it is not allowed to create a browser or a border environment on the sections of the Website, nor in any other way may the website be modified;
- it is not permitted to make false or inaccurate or incorrect statements or indications on the Website and / or, in particular, to declare or imply that the Owner has authorized the link or that he has supervised or assumed in any way the contents or services offered or made available on the website on which said link is established;
- the website in which the link to the Website is established will not contain information or illegal content, contrary to morality and generally accepted good practices and public order, nor will it contain content contrary to any rights of third parties, including rights of intellectual or industrial property and / or the right to honor, to personal or family privacy or to the image itself or any other right, or content contrary to the rules governing the protection of personal data.
The Holder does not have the power nor the human or technical means to know, control or approve all the information, contents, products or services provided by other web pages that have established links to the Website. The Holder does not assume any responsibility for any aspect relating to the web page that establishes that link to the Website; in particular, without limitation, on its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents, in general.
6 RULES OF USE OF THE WEBSITE
It is not allowed and therefore its consequences will be the exclusive responsibility of the user, access or use of the Website for illegal or unauthorized purposes, whether or not for profit. In particular, and without the following list being limited, it is forbidden to:
- Use the Website in any way that may cause damages, interruptions, inefficiencies or defects in its operation or in the computer equipment of a third party;
- Use the Website for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files;
- Use the Website to collect personal data of other users;
- Use the Website illegally, against good faith, morals and public order;
- Register through the Web Site with a false identity, impersonating third parties or using a profile or performing any other action that may confuse other users about the identity of the user;
- Unauthorized access to any section of the Website, to other systems or networks connected to the Website, to the servers of the Owner, or to services offered through the Website, by means of piracy or falsification, extraction of passwords or any other means illegitimate;
- Breach, or attempt to breach, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent to the content offered on the Website;
- To carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of the Owner, as well as in the systems and networks connected to the Website; or
- Prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or attempting to alter, illegally or in any other way, the access, participation or performance of those , or falsifying the result thereof and / or using fraudulent methods of participation, by any procedure, and / or through any practice that threatens or violates this Legal Notice.
Failure to comply with any of the above obligations by the user may lead to the adoption by the Holder of the appropriate measures protected in law and in the exercise of their rights or obligations, which may lead to the removal or blocking of the account of the infringing user, without any possibility of compensation for any damages caused.
7 RESPONSIBILITIES AND WARRANTIES
The Holder can not guarantee the reliability, usefulness or veracity of all the information and / or services and contents of the Website nor of the usefulness or veracity of the documentation made available through it.
Consequently, the Holder does not guarantee and is not responsible for:
- the continuity of the contents and services of the Website;
- the absence of errors in said contents and services;
- the absence of viruses and / or other harmful components on the Website or on the server that supplies it;
- the invulnerability of the Website and / or the impossibility of violating the security measures adopted therein;
lack of usefulness or performance of the contents and services of the Website; and
- the damages or damages caused to himself or a third party by any person who violates the conditions, rules and instructions that the Holder establishes on the Website or through breach of the security systems of the Website.
Nevertheless, the Holder declares that he has taken all necessary measures, within his capabilities and the state of the art, to guarantee the operation of the Website and to minimize system errors, both from a technical and a technical point of view. of the contents published on the Website.
The Holder does not guarantee the legality, reliability, or usefulness of the content provided by third parties through the Website. If the user becomes aware of the existence of any illegal, illegal, unlawful content or that could imply an infringement of the rights of third parties, he must notify the owner immediately so that he can proceed with the adoption of the appropriate measures.
The Holder shall not be responsible for the veracity, integrity or updating of the information published on the Website from sources other than the same, as well as those contained in other platforms that are linked from the Website. The Holder will not assume responsibility for hypothetical damages that could be caused by the use of said information.
The Contractor shall not be liable for reasons beyond his control, including but not limited to: force majeure, problems with Internet access, technological problems beyond the diligent and reasonable management of the Contractor, actions or omissions of third parties, etc. . In all cases referred to, beyond the control and diligence owed by the Holder, there will be no indemnification of the Owner to the user for damages, to the extent permitted by current legislation.
8 SUSPENSION OF WEBSITE
The Holder reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, hosting and / or downloading of the content and / or use of services of the Website, with or without prior notice , to users who contravene any of the provisions detailed in this Legal Notice, without the possibility of the user to claim compensation for this cause.
9 CONFIDENTIALITY AND DATA PROTECTION
10 SECURITY WARNING
The “phishing” and other fraudulent acts of theft and identity theft of a person, consist of third parties simulating the identity of an entity through the fraudulent use of electronic mail to obtain their personal data by means of deception.
In the relations that the User maintains or intends to maintain with RISK MANAGEMENT SOLUTIONS S.L. You must take into account the following recommendations:
• In any case, from RISK MANAGEMENT SOLUTIONS S.L. The User will never be asked, either by telephone or by e-mail, for his credentials to access the Website or the software he sells. In this sense, the User is reminded that these data are strictly confidential, and that they should only be used for the use / uses to which they are intended. The assignment by the User of your confidential data to third parties is your sole responsibility.
• RISK MANAGEMENT SOLUTIONS S.L. Neither will the User request a copy of their national identity document (DNI, NIE, passport) or any information related to their accounts or bank positions by telephone or by e-mail. The User must therefore distrust, in case of not knowing in advance and directly to the person who requests this type of data in the name or on behalf of RISK MANAGEMENT SOLUTIONS S.L ..
• The User must not access the Website / App through a link, e-mail or web page that is not of absolute confidence. Instead, it is recommended that you type the address directly into the browser.
The headings of the various clauses are only informative, and will not affect, qualify or extend the interpretation of this Legal Notice. Likewise, the Holder may modify the terms and conditions stipulated herein, totally or partially, by publishing any changes in the same way in which this Legal Notice appears or through any type of communication addressed to the users.
The temporary validity of this Legal Notice therefore coincides with the time of its exposure, until it is totally or partially modified, at which time the modified Legal Notice will become effective.
The Holder may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the possibility of the user demanding compensation. After this extinction, the prohibitions on the use of the contents set out above in this Legal Notice will remain in force.
In the event that any provision of this Legal Notice is declared void or unenforceable, in whole or in part, by any court, court or competent administrative body, said nullity or inapplicability shall not affect the remaining provisions of this Legal Notice.
The non-exercise or execution by the Holder of any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless acknowledgment and agreement in writing by you.
12 APPLICABLE LAW AND COMPETENT JURISDICTION
This Website is governed by the legislation in force in Spain.
For any controversy that may arise in the interpretation and application of this Legal Notice, and to the extent permitted by current legislation, both the Holder and the Users, expressly submit to the jurisdiction of the Courts and Tribunals of Madrid capital, with renunciation of its own jurisdiction, if any.
Last update: Novembre 30, 2018.
© 2018 RISK MANAGEMENT SOLUTIONS, S.L. All rights reserved.