Legal notice

ACT ON INFORMATION SOCIETY SERVICES (LSSI)

QUINTO PUNTO, S.L., responsible for the website, hereinafter RESPONSIBLE, makes this document available to users, with which it intends to comply with the obligations provided with the Act 34/2002, of July 11, on Information Society Services and e-commerce (LSSICE), and to inform all users of the website regarding the terms of use.

Anyone accessing this website assumes the role of a user, committing to the observance and rigorous compliance of the provisions set forth herein, as well as any other legal provision that may be applicable. 

QUINTO PUNTO S.L. reserves the right to modify any type of information of the website, without any obligation to notify or let users know the aforementioned obligations, it is deemed as sufficient the posting on the QUINTO PUNTO S.L website.

  1. IDENTIFICATION DATA

      Corporate name: QUINTO PUNTO S.L.
      Trade name: QUINTO PUNTO S.L.
      VAT number: B63418792
      Address: SOCRATES 41, 08030 BARCELONA
      e-mail: GESTION@QUINTOPUNTO.COM

      2. OBJECT

Through the website, we offer users the possibility of accessing the information regarding our services.

 

     3. PRIVACY AND DATA PROCESSING

Whenever the user must provide personal data to access a service or content in particular, the user must guarantee this data is truthful, exact, authentic and current. The company will manage this data using an appropriate automated treatment according to its nature or purpose in the terms indicated in the Privacy Policy.

     4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The user acknowledges and accepts that all the content shown in the website, particularly, designs, texts, pictures, logos, icons, buttons, software, trade names, brands, or any other signs susceptible of industrial and/or commercial use are covered by copyright laws and all the brands, trade names or distinctive signs, all the industrial and intellectual rights on any content and/or any other element of the page, are the sole property of the company and/or of a third party, and therefore, they have the exclusive right to use them in the course of trade. Therefore, the user agrees to not reproducing, copy, distribute, provide or in any other form communicate, transform o modify publicly those contents and hold the company harmless from any claim resulting from the breach of such obligations. In no case the access to the website implies any type of waiver, transmission, license or total or partial assignment of those rights, unless it is expressly stated otherwise. These general conditions of the website do not grant users any other right of use, hr, alteration, exploitation, reproduction, distribution or public communication of the website and/or its contents different from those that are expressly provided here. Any other use or exploitation of any other rights will be subjected to the prior and express authorization specifically granted for this purpose by the company or the third party that is the holder of the affected rights.

The content, texts, photographs, designs, logos, pictures, computer programs, source codes and, in general, any intellectual creation existing in this space, as well as the space itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property law. The company owns the elements of the graphic design of the website, the menus, the navigation buttons, the HTML code, the texts, pictures, textures, graphics and any other content of the website or, in any case, it has the authorization to use these elements. The content provided in the Web Space cannot be reproduced in whole or in part, nor can be transmitted or recorded with any system of information retrieving, in any form of means, unless it has the prior and written authorization of the company.

In addition, it is forbidden to delete, circumvent and/or manipulate the «copyright» and the technical devices of protection, or any other mechanisms of information that may include the content. The user of this Website agrees to respect the rights and avoid any action that could harm those rights. In any case, the company reserves the right to all legal means or actions to defend its legitimate copyright and industrial laws.

     5. OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER

The user agrees to:

  1. Make a proper and lawful use of the website, and the content and services, in accordance with: (i) the applicable law at every specific time; (ii) The general terms of use of the website; (iii) the morality and good manners that are generally accepted and (iv) the public order.
  2. Get all the means and technical requirements that are needed to access the website.
  3. Provide truthful information when fill in the personal data of the forms on the website and update them periodically so it is always the current situation of the user. The user will be the only liable person for his/her false or inaccurate statements and the damages caused to the company or to a third party for the information s/he provides.

Despite the provisions of the last section, the user shall not:

  1. Use the website and/or the content in an unauthorized or fraudulent way for illicit purposes or effects which are forbidden in these general terms of use, infringing on rights and interests of a third party, o that can damage, disable, overburden, deteriorate or prevent, in any form, the normal use of the services or documents, files and all type of content stored in any hardware.
  2. Access or try to access resources or areas restricted of the website without meeting the conditions required to do it.
  3. Cause damages in the logical or physical systems of the website, its providers or a third party.
  4. Introduce or spread in the web a computer virus or any other logical or physical system that can cause damages in the logical or physical systems of the company, its providers or a third party.
  5. Try to access, use and/or manipulate the data of the company, third parties or other users.
  6. Reproduce or copy, distribute, allow the access of the public through any form of public communication, transform or modify the content, unless s/he has the authorization of the holder of the relevant rights, or it is legally allowed.
  7. Delete, hide or manipulate the notes on industrial or copyright laws and any other data that is a right of the company or of a third party incorporated to the contents as well as the technical devices of protection or any other mechanisms of information that can be inserted in the content.
  8. Get or try to get the content using means or methods different from what, depending on the case, have made available to the user for this purpose or have been expressly stated in the web pages where the content is or, in general, of those that are usually used on the Internet because they do not involve a risk of damage or disability of the website and/or the content.
  9. In particular, and just for illustrative and not exhaustive purposes, the user agrees to not transmit, spread or make available to a third party information, data, content, messages, graphics, drawings or files of sound and/or pictures, photographs, recordings, software and, in general, any type of material: • that, in any form, it is contrary, disparages or attempts against the basic and public rights and freedoms constitutionally recognized, in the international treaties and in the rest of the current legislation.• that induces, encourages or promotes criminal, derogatory, defamatory or violent activities or, in general, against the law, morality, generally accepted good customs or public order. • that induces, encourages or promotes acts, attitudes or thoughts that are discriminatory based on sex, race, religion, belief, age or condition.• that includes, makes available or enables the access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading, or, in general, acts that are against the law, morality, generally accepted good customs or public order. • that induces or can induce an inacceptable state of anxiety or fear.• that induces or encourages involvement in practices that are dangerous, harmful or unsafe to health and mental balance.• that is protected by intellectual property or industrial law of the company or a third party and it has not been authorized for the intended use.• that would be a violation of honor, personal or family privacy or self-image of the person.• that is a type of advertising.• that includes a type of virus or program that prevents the normal operation of the website.

In case you need a password to access some services and/or contents of the website, you must use it diligently, keeping it always secret. Therefore, you will be responsible of its safeguarding and confidentiality, and you agree to not give it to a third party, temporarily or permanently, nor allowing the access to the aforementioned services and/or contents by any unauthorized person. In addition, you agree to inform the company of any act that can be a misuse of your password, for example, its theft, loss or unauthorized access, so that the password can be immediately cancelled. Therefore, until you do not notify the company, the company shall not be held responsible for any responsibility due to the unauthorized use of your password, and it will be your responsibility any unlawful use of the content and/or services of the website by any unauthorized person. If in a negligent or harmful way you fail to observe the obligations set forth in these general terms of use, you will be liable for damages caused by said breach to the company.

     6. RESPONSIBILITIES

The company does not guarantee the continuous access, nor the right visualization, download or usefulness of elements and data included on the website that can be disabled, hindered or interrupted by factors or circumstances that are beyond its control. The company shall not be liable for the decisions that could be adopted because of the access to the content or information offered.

The service can be interrupted, or the relationship with the user can be resolved immediately, if the company detects that the use of its website or any other services offered on the website goes against these general terms of use. The company shall not be liable for damages, loss, claims o expenses arising from the use of the website.

The company shall only be liable of deleting, as soon as possible, the content that can create those damages, provided the company is notified. The company shall not be liable for damages, among others, for:

  1. Interferences, interruptions, failures, omissions, phone failures, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the lines and telecommunication networks or due to any other cause beyond the control of the company.
  2. Unauthorized interferences using malware of any type and through any means of communication, such as computer viruses.
  3. Improper or inappropriate abuse of the website.
  4. Security or browsing errors produced by a malfunction of the browser or using non updated versions of it. The webmaster reserves the right to remove, in whole or in part, any content or information of the website.

The company excludes any liability for damages of any kind that could be caused by the misuse of the website user of the freely available services. In addition, the company shall not be liable for any responsibility for the content or information received through the forms that collect data. The purpose of these forms is to provide services of inquiries and doubts. In addition, in case of damages due to an incorrect or unauthorized use of those services, the user can be sued for damages.

You shall hold the company harmless against any damages of claims, actions or sues made by a third party because of the access or use of the website. In addition, you agree to compensate for any damages caused by your use of “robots,” “spiders,” “crawlers” or any other tool intended to collect or mine data or any other action you take that imposes an unreasonable burden on the operation of the website.

     7. HYPERLINKS

The user agrees not to reproduce in any form, not even with a hyperlink, the website, or any of its content, except for an express written permission of the file responsible.

The website can include links to other websites, managed by third parties, to facilitate the access of the user to the information of partner and/or sponsor. Therefore, the company shall not be liable for the content of these websites, nor it is guarantor nor provider of the services and/or information that can be offered to a third party using the links of a third party.

The user is granted a limited right that is revocable and nonexclusive to create links to the home page of the website exclusively for private and non-commercial use. The websites that include a link to our website (i) shall not lie about its relationship nor affirm that the link has been authorized, nor include brands, names, trade names, logos or any other distinguishing signs of our company; (ii) shall not include contents that can be considered bad taste, obscene, offensive, controversial, inciting violence or discrimination on the grounds of sex, race or religion, contrary to public order o illicit; (iii) shall not link to any website different from the homepage; (iv) shall link to the website, not allowing that the website linking to it reproduces the website as part of its web or includes the website inside one of its “frames” or creates a “browser” for any of the pages of the website. The company may ask, in any given time, that any link to the website is removed, and the removal must be immediate.

The company can not control the information, content, products or services provided by other websites that have links to the website.

     8. DATA PROTECTION

To use some of the services, the user must provide some personal data beforehand. The company will treat this data automatically and will apply the corresponding security measures, in accordance with the RGPD, LOPDGDD and LSSI. The user can access to the policy followed in the personal data treatment and previously established purposes, under the conditions defined in the Privacy Policy.

     9. COOKIES

The company reserves the right to use the technology called “cookie” on the website, to recognize you as a frequent user and personalize the use you make of the website by preselecting your language or more specific or desired content.

The cookies collect the user’s IP address and Google is the responsible for the treatment of this information.

The cookies are files sent by a browser using a web server to record the browsing of the user on the website when the user allows receiving cookies. If you want, you can set your browser to be notified in your screen when a cookie is received and to prevent the installation of cookies on your website. Please, consult the instructions and manuals of your browser to expand this information.

The cookies allow that the browser of the computer used by the user can be recognized with the aim of facilitating content and offering the browsing or advertising preferences that the user, to the demographic profiles of the users, and to measure visits and traffic parameters, controlling the progress and the number of entries.

 

     10. STATEMENTS AND GUARANTEES

In general, the content and services offered on the website are for informational purposes only. Therefore, when providing them, no guarantee nor statement is given regarding the content and services offered on the website, including, by way of example, guarantees of legality, reliability, utility, veracity, accuracy or marketability, except to the extent that by law such statements and guarantees can not be excluded.

 

     11. FORCE MAJEURE

The company shall not be liable for any inability to provide service if it is caused by prolonged power outages, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and government omissions and, in general, all cases of force majeure or fortuitous event.

 

     12. DISPUTE SOLUTIONS. GOVERNING LAW AND JURISDICTION

These general terms of use, and the use of the website, shall be governed by the Spanish law. To resolve any controversy, the parties shall be subject to the registered office of the person responsible for the website.

In case any condition of these general terms of use is unenforceable or void in virtue of the applicable law or because of a judicial or administrative decision, such unenforceability or nullity shall not render these general terms of use unenforceable or void as a whole. In that case, the company shall modify or replace the provision at issue by another one that is valid and demandable and insofar as possible, fulfills the goal and purpose reflected in the original provision.