1. INTRODUCTION:
This Legal Notice regulates the conditions of access, use, and navigation of the website <avincla.com> (hereinafter, the “Website”), as well as access to the content and services made available to the user (hereinafter, the “User”) by AVINCLA 1984, S.L.P., (hereinafter, “AVINCLA”).
2. OWNERSHIP:
In compliance with the provisions of Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (hereinafter, “LSSICE”), and in order to facilitate direct and effective communication, we inform the User of the following data regarding the owner of the domain name <avincla.com>:
Ownership: AVINCLA 1984, S.L.P.
Tax ID: B87451407
Registered Office: C/ Príncipe de Vergara 36, 3º derecha, 28001, Madrid (Madrid, Spain)
Email: barcelona@avincla.com
Contact Phone: 93.505.22.00
Companies’ House information: Registro Mercantil de Madrid, Sección 8, Hoja 615231.
3. PURPOSE:
This Website, owned by AVINCLA, aims to provide corporate information related to the entity, including, where applicable, data on its products and/or services, contact details, collaborators, training activities, promotions, and news or updates related to the company and its activity.
4. ACCESS, BROWSE AND USE OF THE WEBSITE:
4.1. LEGAL NOTICE ACCEPTANCE:
Access, navigation, and/or use of the Website imply full and unreserved acceptance of the Legal Notice, whereby the User undertakes to comply with all conditions and obligations established herein, without prejudice to any specific conditions that may apply to certain and specific services, as well as the legal regulations applicable in each case.
Access, navigation, and/or use of the public part of the Website by the User is free of charge and does not require prior registration or subscription. However, where applicable, access to certain services, products, or content in the private part may be subject to User registration and acceptance of the corresponding specific conditions, which shall be complementary to this Legal Notice.
It is the User’s responsibility to carefully read the Legal Notice. The User declares to be informed about the terms and conditions of use of this Website, as well as the entire content of this Legal Notice, which have been made fully available and can be consulted at any time. If the User does not agree with the provisions, in whole or in part, they must refrain from accessing, navigating, and/or using the Website.
4.2. MODIFICATION AND/OR UPDATE OF THE LEGAL NOTICE:
The content of this Legal Notice will remain permanently published on the Website, accessible, easy, direct, and free of charge, so that the User can consult it at any time. Likewise, its periodic review is recommended, given that the owner of the Website reserves the right to modify and update the information contained in the Legal Notice and/or, where applicable, in the specific conditions, without prior notice, it being the User’s responsibility to review them at the time of access, navigation, and/or use.
5. USER’s RESPONSIBILITIES:
5.1. Legal Age:
Access, navigation, registration, and/or use of the Website <avincla.com> confers the status of User. The User declares to be of legal age, in accordance with the general contracting laws of the State where they reside.
5.2. Acceptance of the Legal Notice:
Before accessing, navigating, and/or using the Website, the User declares that they have previously read, understood, and accepted the entire content of this Legal Notice. Otherwise, they undertake not to access, navigate, or use the Website.
5.3. Correct Use and Truthfulness of Information:
The Website <avincla.com> provides a wide variety of information, services, and data, so the User assumes responsibility for its correct use. This responsibility will extend to the truthfulness and legality of the information provided by the User in forms and other enabled communication channels.
5.4. Compliance with Law and Applicable Regulations:
The User undertakes to access, navigate, and/or use the information, services, and data offered on the Website in accordance with the provisions of these conditions, current legislation, morality, good customs, and public order. In no case may such actions imply a violation of the rights of the owner or third parties, or negatively affect the proper functioning of the Website.
5.5. User Responsibility:
The User will be solely responsible for their use of the Website, assuming the consequences that may arise from such use. In this regard, they will be exclusively liable for any damages, direct or indirect, that the owner of the Website or third parties may suffer as a result of their breach of these conditions or applicable regulations.
6. USER PROHIBITIONS:
The User is expressly prohibited from:
- Unlawful use of content and services:
Using any of the content and services for illicit purposes or effects, prohibited in this Legal Notice, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate, or prevent the normal use of services, computer equipment, or documents, files, and all kinds of content stored on any AVINCLA computer equipment.
- Violation of Intellectual and Industrial Property rights:
Using content and services that are protected by any Intellectual and Industrial Property rights belonging to AVINCLA or third parties, without having previously obtained the necessary authorization from their owners to carry out the use they make or intend to make.
- Unauthorized reproduction of content:
Reproducing, copying, distributing, communicating, transforming, or modifying the contents of the Website, unless authorized by the owner of the corresponding rights or if legally permitted.
- Introduction of viruses or other harmful elements:
Incorporating viruses or other physical or electronic elements that may damage or prevent the normal functioning of the network, system, or computer equipment (hardware and software) of AVINCLA or third parties, or that may damage electronic documents and files stored on such computer equipment.
- Improper acquisition of content:
Obtaining or even attempting to obtain content by using: (i) means or procedures other than those that, as the case may be, have been made available to the User for this purpose; (ii) means different from those commonly used on the Internet, provided that these do not entail a risk of damage or disablement of the Website, services, and/or content.
7. DATA PROTECTION AND COOKIE POLICY:
Information regarding the Privacy and Cookie Policies applied on <avincla.com> is available at:
– PRIVACY POLICY: https://www.avincla.com/politica-privacidad/
– COOKIE POLICY: https://www.avincla.com/politica-de-cookies-ue/
Both documents form an integral part of this Legal Notice and may be modified and updated whenever necessary, either due to regulatory changes or variations in the configuration and use of cookies on the Website. In any case, the versions will be permanently accessible to the User, to ensure their knowledge and consultation at any time.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS:
All content on the Website <avincla.com>, including, but not limited to, text, images, videos, audio, graphic design, source code, interfaces, logos, trademarks, trade names, databases, software, visual appearance of the Website, etc., are the exclusive property of AVINCLA or, where applicable, of third parties from whom AVINCLA holds the corresponding license or authorization of use, and are protected by current Intellectual and Industrial Property regulations. Consequently, the reproduction, copying, distribution, public communication, modification, transformation, making available, or commercialization, in whole or in part, of these contents, whether for informative or commercial purposes, is expressly prohibited.
Likewise, all rights over any content, services, or elements owned by AVINCLA that are incorporated into <avincla.com> are reserved in favor of AVINCLA, including, but not limited to, those elements that make up the visual appearance, graphic image, and other sensory stimuli of the web pages that comprise the Website; among others, the navigation architecture; source codes; images, recordings, computer programs, databases, technology, logos, and distinctive signs.
The User undertakes not to remove, delete, alter, manipulate, or in any way modify those notes, legends, indications, or symbols that AVINCLA or the legitimate rights holders incorporate into their Intellectual and Industrial Property (such as, for example, copyright, ©, ®, and ™, etc.), the technical protection or identification devices that may affect the content (such as, for example, watermarks, digital fingerprints, etc.), and, furthermore, access, viewing, and, where applicable, downloading of content and/or services shall always and in all cases be carried out for strictly personal and non-commercial purposes.
AVINCLA reserves all rights related to Intellectual and Industrial Property over the elements of the Website <avincla.com>, and does not grant any other license or authorization of use other than that expressly detailed in this clause.
9. RESERVATION OF RIGHTS:
AVINCLA reserves the right to update, modify, or delete information contained on <avincla.com>, as well as its configuration, features, or general conditions, at any time and without prior notice.
AVINCLA does not guarantee the absence of interruptions or errors in the access and/or use of <avincla.com>, nor will it assume any responsibility for technical problems or failures that occur during the Internet connection. Nor does it guarantee the absence of viruses or other elements that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system, therefore excluding any responsibility for damages that may occur in the User’s computer system, electronic documents, or files.
10. DISCLAIMER:
About the information: AVINCLA is not responsible for the veracity, accuracy, adequacy, suitability and update of the information provided through the Website <avincla.com>. The contents are for informational purposes only. Therefore, AVINCLA is not liable for any decisions made based on this information, nor for any damages or losses incurred by the User or third parties as a result of using AVINCLA’s website.
About the quality of the service: The User acknowledges awareness of viruses, worms, and other malware online. It is the User’s responsibility to have adequate tools to detect and disinfect these harmful programs. AVINCLA is not liable for any damage to the computer equipment of the User or third parties arising from access to the website <avincla.com>.
About the availability of the service: Access to <avincla.com> requires services and supplies from third-party information society service providers, whose reliability, quality, continuity, and performance are beyond the control of AVINCLA. Consequently, the services provided may be suspended, cancelled, or become inaccessible at any time. AVINCLA shall not be held liable for any damages or losses of any kind that the User may suffer due to failures or disconnections in telecommunications networks that lead to the suspension, cancellation, or interruption of the website service, whether before or during the provision of said service.
About the contents accessed in, or through, the portal: AVINCLA’s website allows access to links and other websites (hereinafter, “Linked Sites”). In these cases, AVINCLA acts as an intermediary service provider in accordance with the provisions of the LSSICE. Consequently, AVINCLA shall only be responsible for the content and services provided on the Linked Sites to the extent that it has effective knowledge of the unlawfulness and has failed to act with due diligence to remove such content. If the User believes that one of the Linked Sites contains unlawful or inappropriate content, he/she may inform AVINCLA which will take the necessary measures to remove those links. AVINCLA shall not be held liable for the content and services of the Linked Sites nor for any damages caused by their unlawfulness, quality, outdatedness, unavailability, error or uselessness.
11. LINKING LICENSE:
Any third-party link to <avincla.com> must be to its main page and must have the prior written consent of AVINCLA. The User and, in general, those persons intending to establish a link must comply with the conditions detailed below. Any other linking attempt different from that stipulated in this section will require prior written acceptance from AVINCLA.
This Legal Notice and the other informative legal texts of the Website <avincla.com> do not apply to third-party websites that may be accessed through links included on the Website itself. The Website <avincla.com> has no control over the content and information published on these external websites, which is why AVINCLA assumes no responsibility for them or for any damages that may arise from their access or use.
The User may not reproduce or imitate, in whole or in part, the content of <avincla.com>, nor its graphic appearance (“look and feel”), nor create frames (“frames”) or inline links (“inline link”) of AVINCLA’s pages. No browser, frame, or environment or navigation bar will be created over the Website <avincla.com>. No false, inaccurate, incorrect, or derogatory statements or indications will be made about the Website <avincla.com> or any of AVINCLA’s properties, and, in particular, it will not be declared or implied that AVINCLA collaborates or is a collaborating partner and/or that it has in any way supervised or assumed in any way the content or services offered or made available by the Website where the link is established.
The Website where the link is established shall not contain any brand, trade name, establishment sign, denomination, logo, slogan, or other distinctive signs belonging to AVINCLA, unless previously licensed in writing by AVINCLA. Likewise, the Website where the link is established shall not contain unlawful information or content, contrary to morality, generally accepted good customs, and public order.
AVINCLA reserves the right to take appropriate legal action against anyone who violates the prohibitions included in this Legal Notice.
12. NULLITY AND INEFFECTIVENESS:
In the event that any of the clauses contained in this Legal Notice is declared, totally or partially, null, invalid, or ineffective, such declaration shall affect only the specific provision in question, with the rest of the stipulations remaining fully valid and effective.
13. LEGISLATION AND JURISDICTION:
This Legal Notice shall be governed by and construed in accordance with Spanish law. For any litigation arising from this Website, the parties submit to the exclusive jurisdiction of the Courts of Barcelona (Spain).
14. MORE INFORMATION:
For any additional questions, comments, or suggestions, the User may reach out to AVINCLA at barcelona@avincla.com.