GENERAL CONDITIONS AND/OR USE OF THE WEBSITE
The following conditions regulate the access and use of www.ponseseguridadvial.com (the ‘Website’) through which PONS Seguridad Vial, S.L. is an entity of Spanish nationality located at the Glorieta de Rubén Darío, 4, 28010, Madrid, registered in the Commercial Registry of Madrid under Volume 7399 on November 12, 2004 and Tax ID B28505592.
APPLICATION PURPOSE AND SCOPE
1.1. These General Conditions (“General Conditions”) regulate the access, navigation and use of the Website, as well as the responsibilities derived from the use of its contents (hereinafter “Contents” refers to texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, as well as any other creation protected by national laws and international treaties on intellectual and industrial property).
1.2. It will be understood that the access or mere use of the Website by the User implies they adhere to the General Conditions that PONS has published at each moment in which they access the Website. Consequently, the User must carefully read these General Conditions. In this context, “User” means the person who accesses, navigates, uses or participates in the services and activities, free or onerous, developed on the Website.
1.3. In addition, PONS may establish specific conditions that regulate the use and/or contracting of specific services offered to Users through the Website. Before using and/or contracting such specific services provided by PONS, the User must carefully read the corresponding contracting conditions created, in their case, for that purpose by PONS. The use and/or contracting of such specific services implies the acceptance of the contracting conditions that regulate them in the version published by PONS at the time of such use and/or contracting.
ACCESS
2.1. Access to the Website by the Users is free, however, some of the services and products offered by PONS or third parties through the Website may be subject to prior contracting of the service or product and payment of an amount of money in the form that is determined in the corresponding particular conditions, in which case they will be put at their disposal in a clear way.
2.2. Contracting of products and services through the Website by minors will be governed by current regulations.
WEBSITE USE
3.1. The Content included in the Website is provided only to consumers or end users. Any unauthorized commercial use of it or its resale, is prohibited, unless they have prior written permission from PONS.
3.2. If the User should proceed to register for the use and/or contracting of a service on the Website, the User will be responsible for providing truthful and lawful information. If, as a consequence of the registration, the User is given a password, he/she agrees to make diligent use of it and keep the password secret to access these services. Consequently, Users are responsible for the proper custody and confidentiality of any identifiers and/or passwords provided to you by PONS and commit not to assign their use to third parties, whether temporary or permanent, or to allow their access to other people. The User shall be responsible for the unlawful use of the services by any illegitimate third party that uses a password for that purpose due to a non-diligent use or loss of the same by the User.
3.3. By virtue of the aforementioned, the User is obligated to immediately notify the managers of the Website of any fact that allows the improper use of the identifiers and/or passwords, such as theft, loss, or their unauthorized use, and will proceed to their immediate cancellation. Until such events are communicated, PONS shall be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.
3.4. Access, navigation and use of the Website is the responsibility of the User, and the User commits to observe diligently and faithfully any additional instructions given by PONS or by authorized personnel of PONS regarding the use of the Website and its content.
3.5. Therefore, the User commits to use the contents diligently, correctly and lawfully, and in particular, commits to refrain from:
Using the content for purposes or effects contrary to law, morality and generally accepted good customs or public order.
Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorized by the holder of the corresponding rights or that it is legally permitted.
Use the content and, particularly, the information of any kind obtained through the page or the services to send publicity, communications for the purpose of direct sale or any other kind of commercial purpose, unsolicited messages directed to a plurality of persons regardless of their purpose, as well as to refrain from marketing or otherwise disclosing such information.
PERSONAL INFORMATION
4.1. Consent
In order to use or have access to any of the content and/or services included in the Website, PONS may request Users to fill out certain registration forms that request the provision of certain pieces of personal information. PONS will treat such data in accordance with the purposes and under the conditions that in each case are exposed.
By completing and submitting any form incorporated in the Website, the User expressly consents to and authorizes PONS to collect, process or transfer, as the case may be, the personal data requested in accordance with the purposes and under the conditions that in each case are exposed.
4.2. Security Measures
PONS has adopted and will adopt all technical and organizational safety measures that are mandatory, in accordance with current legislation and existing quality standards in the sector, in order to ensure the utmost security and confidentiality of communications.
PONS commits to comply with the duty of secrecy and confidentiality with respect to the personal data contained in the computerized file, in accordance with the applicable legislation.
Notwithstanding the aforementioned, the User acknowledges and accepts that (i) Internet security measures are not impregnable, (ii) networks used on the Internet are not secure and (iii) any communication sent by this means may be intercepted or modified by unauthorized persons.
4.3. Rights of access, rectification, cancellation and opposition
The User may exercise rights of access, cancellation and opposition by contacting the New Technologies Department of PONS, at the address included in these Conditions or at the email address seguridadvial@pons.es.
4.4 Incorporation of Data
Your data will be incorporated into a file under the responsibility of Pons Seguridad Vial, S.L., Tax ID B-28505592, located at Glorieta de Rubén Darío, 4, Madrid, 28010, in order to register on the website and be able to access the goods and services offered on the web and send to you, through any means, including electronic, commercial information regarding your products and services, as well as the rest of the PONS companies (Sistemas Administrativos, S.A., Pons Patentes y Marcas Internacional, S.L., Pons Agropecuaria, S.L., Gestoría Pons, S.L., Pons Consultores de la Propiedad Industrial, S.A., Pons Consultores Registrales, S.A., Pons Formación, S.L. and the Pons Foundation). You may exercise your rights of access, rectification, cancellation and opposition, at the address of the person responsible by postal mail addressed to the Customer Service Department or through the email address seguridadvial@pons.es.
NEWSLETTER AND ELECTRONIC COMMUNICATIONS
5.1. PONS may make available the service of sending a newsletter that includes the most relevant news, new developments and information of the Website to Users who have previously authorized it through the registration form enabled for this purpose. Likewise, the User may unsubscribe or modify the subscription information to the aforementioned newsletter through the interactive form included on the Website.
5.2. PONS informs that it will send commercial communications electronically containing information on other products, services and events, both its own and its collaborators, that may be of interest to the Users of the Website when they expressly request it. The User may revoke this consent at any time.
5.3. In the event that you do not wish to receive commercial communications, please send a message to our email address seguridadvial@pons.es.
COOKIES AND IPS
6.1. Use of the Website requires the use of cookies. Cookies are used to keep a record of the session and therefore to identify the user and save their data from their session. If you wish you can configure your browser to be warned on the screen about receiving cookies and to prevent the installation of cookies to your hard drive. Please refer to your browser’s instructions and manuals for further information.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
7.1. PONS owns the intellectual and industrial property rights of the Website and is also the owner or holder of the corresponding license for intellectual, industrial and image rights over the Content available through it.
7.2. In no case will it be understood that the User’s access and navigation implies a waiver, transmission, license or total or partial transfer of said rights by PONS.
7.3. Consequently, it is prohibited to suppress, circumvent or manipulate the copyright laws and any other identifying data of PONS’ rights or its holders incorporated into the content, as well as the technical protection devices, fingerprints or any information and/or identification mechanisms that may be contained in the content.
7.4. Likewise, it is prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, handle or distribute in any way all or part of the contents included in the Website for public or commercial purposes, without the express and written authorization of PONS or, as the case may be, the owner of the rights to which they correspond.
COMMUNICATIONS LICENSE
8.1. In the event that the User sends information of any kind to the Website, he/she declares, guarantees and accepts that he/she has the right to do so freely, that the information stated does not infringe on any rights of intellectual property, trademark, patent, trade secret, or any other third party right, that such information is not confidential and that the information is not harmful to third parties.
8.2. The User agrees to assume responsibility and will indemnify PONS for any communication that he/she provides personally or on his/her behalf, carrying out such responsibility without restricting the accuracy, legality, originality and ownership thereof.
8.3. By accepting these General Conditions the User implies the exclusive assignment of any right of exploitation of intellectual or industrial property that the User could bear on the communications made through the Website or to PONS.
RESPONSIBILITIES AND WARRANTIES
9.1. PONS declares that it has adopted all necessary measures, within its possibilities and the status of the technology, to guarantee the Website’s operation and to prevent the existence and transmission of viruses and other components that are harmful to the Users.
9.2. Likewise, PONS has acted with diligence to guarantee the legality, reliability, usefulness, veracity or accuracy of the services or of the information that is provided through the Website.
9.3. However, PONS does not guarantee nor is it responsible for: (i) the continuity of the Website Content; (ii) the absence of errors in the referenced Content, nor the correction of any defects that may occur; (iii) the absence of viruses and/or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website and/or the impregnability of the security measures adopted therein; (v) the lack of usability or performance of the Website Content; (vi) damages caused to self or to a third party by any person who violates the conditions, rules and instructions that PONS establishes on the Website or through breach of the Website security systems.
LINKS
10.1. Links to other Websites:
On the Website, the User can find links to other web pages through different buttons, links, banners, etc., which are managed by third parties. PONS does not have the ability, manpower or technical means to know, manage or approve all the information, content, products or services provided by other websites that are linked to from the Website. Consequently, PONS cannot assume any responsibility for any aspect relating to the website that is linked to from the Website, specifically including but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its proprietary links and/or any of its content in general.
The placement of any type of link by the Website to another third-party website does not imply that there is any type of relationship, collaboration or dependency between PONS and the person responsible for the third-party website.
10.2. Links on other websites with access to the Website
If any User, entity or website wishes to establish any type of link with access to the Website, it must comply with the following provisions:
The link may only direct to the Home Page or Home of the Website, unless expressly authorized in writing by PONS.
The link must be absolute and complete, meaning it must direct the User, by a click, to the URL of the Website itself and must completely cover the entire extension of the Website’s Home Page screen. In no case may the website that makes the link reproduce, in any way, the Website, include it as part of its website or within one of its frames, or create a “browser” on any of the pages of the Website, unless PONS expressly authorizes it in writing.
The page that establishes the link cannot declare in any way that PONS has authorized such a link, unless PONS has done so expressly and in writing. If the entity that correctly places the link from its page to the Website wishes to include on its web page the brand, denomination, trademark, label, logo, slogan or any other type of identifying element of PONS and/or the Website, they must have prior written authorization.
PONS does not authorize the placement of a link on the Website from webpages that contain illicit, illegal, degrading, obscene, and generally illegal material, information or content that violate morality, public order or generally accepted social norms.
PONS does not have the ability, manpower or technical means to identify, manage or approve all the information, content, products or services provided by other websites that have links to the Website. PONS does not assume any responsibility for any aspect related to the web page that places that link on the Website, specifically including but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its proprietary links and/or any of its content in general.
SERVICES PROVIDED BY THIRD PARTIES THROUGH THE WEBSITE
11.1. Likewise, through the Website, PONS may enable third parties to advertise or provide their services. In these cases, PONS will not be responsible for establishing the general and particular conditions to be taken into account for the use, provision or contracting of these services by third parties and, therefore, cannot be held responsible for them.
11.2. PONS does not guarantee the legality, reliability and usability of the services provided by third parties through this page or for which PONS acts solely as a means of advertising.
11.3. PONS will not be liable for damages and losses of any nature caused by the services provided by third parties through this page, and in particular, by way of example, those caused by:
Breach of law, morals or public order;
The implementation of viruses or any other computer code, file or program that may damage, interrupt or prevent the normal operation of any software, hardware or telecommunications equipment;
iii. Infringement of intellectual and industrial property rights, business secrets, or contractual commitments of any kind.
The performance of actions constituting unlawful, deceptive or unfair advertising and, in general, that constitute unfair competition;
The lack of truthfulness, accuracy, quality, relevance and/or timeliness of the content transmitted, disseminated, stored, received, obtained, made available or accessible;
Infringement of the rights to honour personal and family privacy and the image of persons or, in general, any types of rights of third parties;
vii. The inadequacy for any kind of purpose and defrauding the generated expectations, or the vices and defects that could be generated in a third party relationship;
viii. Non-compliance, delay in compliance, defective compliance or termination for any reason due to obligations and contracts with third parties.
DURATION AND MODIFICATION
12.1. PONS may modify the terms and conditions stipulated herein, in whole or in part, by publishing any changes in the same way that these General Conditions appear or through any type of communication addressed to the Users.
12.2. The temporary validity of these General Conditions therefore coincides with the time of their exposure, until they are totally or partially modified, at which time the modified General Conditions will go into effect.
13.3. In this case, regardless of the provisions, in the specific conditions, PONS may terminate, suspend or interrupt access to the Contents of the page at any time without prior notice, without the possibility of the User seeking any Compensation. After such termination, the prohibitions on the use of the aforementioned contents in these General Conditions shall remain in force.
BASICS
13.1. The different clause headings are only informative, and will not affect, qualify or expand the interpretation of the General Conditions.
13.2. In case of discrepancy between what is established in these General Conditions and the specific conditions of each specific service, the provisions in the latter shall prevail.
13.3. In the event that any of these provisions from these General Conditions is deemed void or unenforceable, wholly or in part, by any Court or competent administrative body, the void or unenforceable provision shall not affect the other provisions of the General Conditions nor the specific conditions of PONS’ different services.
13.4. Non-performance or non-execution by PONS of any right or provision contained in these General Conditions shall not constitute a waiver thereof, unless acknowledged and agreed to in writing.
JURISDICTION
14.1. The relationships established between PONS and the User will be governed by the provisions in the current legislation regarding the applicable law and the competent jurisdiction. However, in cases where the law provides that the parties submit to a jurisdiction, expressly waiving any other jurisdiction that may correspond to them, PONS and the User must submit to the Courts and Tribunals of the city of Madrid.
DATA PROTECTION CLAUSE
PRIVACY POLICY
1.1. The Registry Data, any other data needed to purchase Products, as well as any other information related to the User, are subject to PONS’ Privacy Policy, which is recorded in the General Conditions, as well as what is established on the data collection form.
1.2. By accepting these Contract Conditions and the above General Conditions, it is understood that the User has accepted and consented to the collection of data, the uses for which they are intended, as well as their disclosure, all of which conforms to what is established in the Data Protection policy, included in the General Conditions, as well as what is established on the data collection form.
NOTICES
2.1. PONS may contact the User and send communications, including anything relating to changes in these Contract Conditions, either by email, postal mail or by notices on the Website.
CONTACT
3.1. Please direct any questions or notices of violation of these Contract Conditions by contacting PONS through the email address seguridadvial@pons.es.
| GENERAL INFORMATION CLAUSE
LAW 34/2002 COMPLIANCE INFORMATION |
|
| Holder | PONS SEGURIDAD VIAL, S.L. |
| Address | Glorieta de Rubén Darío, 4 28010 Madrid |
| Contact | Tel.: 91 91 700 75 57 / Fax: 91 310 30 58
e-mail: atcliente@pons.es |
| Tax ID | B 28505592 |
| Company record in the Commercial Registry of Madrid | Tomo 7.399, Libro 0, Folio 104, Sección 8, Hoja M – 119729, Inscripción 5/A, Documento Presentado 2005/33349, Diario 1515, Asiento 402. |
EMAIL CLAUSE
IMPORTANT NOTICE: In accordance with the provisions of Law 34/2002 of July 11, regarding Electronic Information and Commerce Company Services, we inform you that in the event that you do not wish to continue receiving the communications and information that we are sending you through this electronic communication system, notify us by emailing seguridadvial@pons.es. This way your email will be removed from our database. In the event that we do not receive an express response from you within a period of 15 days, we understand that you accept and authorize PONS Seguridad Vial, S.L. to continue to send the referenced communications via email.