By accessing and using this Website, you accept the terms and conditions set down hereunder without limitation or qualification.
The following website www.sismospain.com/en is the property of Sismo Building Technology Spain S.L., in compliance with Article 10 of Law 34/2002, of Services of the Society of Information, the identifying details of the owner of the page are:
Sismo Building Technology Spain S.L. Ctra. de Istán, Km 1
Centro Comercial Le Village.
29602 Marbella. España.
Company listed in the Business Register of Malaga, Volume 4976, Book 3883, Sheet 57, Page MA-112389.
1.- General Conditions of Use.
1.1. These are the general terms (referred to hereinafter as the “General Terms”) governing access to, browsing in and using the websites under the domain www.sismospain.com/en (hereinafter “Website”), and the responsibilities stemming from the use of their content (the term “content” being taken hereinafter to mean the texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and items of information, together with any other creation protected by national legislation and international treaties on intellectual and industrial property).
In this context, the term ‘User’ shall be taken to mean any individual or legal entity accessing, browsing, using or participating in the services and activities made available in the Website www.sismospain.com/en, whether they be free of charge or charged for.
1.2. It shall be assumed that by accessing, browsing and/or merely using this Website, the user expressly accepts the entire set of these General Terms as published at the time of access to the Website www.sismospain.com/en. Consequently, Users should read carefully beforehand the General Terms published at the time of access to the Website www.sismospain.com/en, those Terms being viewable and printable.
1.3. Similarly, Third-Party Concerns other than the company identified at the beginning of these General Terms, may be authorised to advertise. In such cases, those Third Parties will be clearly identified, and the relations will be deemed to exist directly between the User and the Third Party concerned and in accordance with any terms established by that Third Party for usage, for services or for signing up with that Party. In connection with this, it is pointed out that these General Terms established in the Website shall not apply to those relations between the User and the Third Party, and so www.sismospain.com/en shall not bear any responsibility stemming from those relations.
Accordingly, the term during which these General Terms will remain in force is the period during which they are displayed, i.e. lasting until they are changed in whole or in part, at which time the updated General Terms will come into force.
Regardless of the provisions of the General Terms, this Website reserves the right to close, suspend or interrupt, at any time and without any requirement to give advance notice, access to the content and/or services of the Website, the User not being entitled to demand any compensation whatsoever. Thereafter, the prohibitions on the use of the content that had previously been displayed in these General Terms shall remain in force.
1.5. The persons or companies who provide any type of information or contents to Sismo Building Technology Spain S.L. promise it not contravene or infringe on any rights of a third party or be in breach of the law and public order (such as intimidated, defamatory, obscene or pornography contents or any other which shall be consider a criminal offence).
1.6. The content included in this Website is made available solely for personal use. Any unauthorised commercial use or resale thereof is forbidden, unless written authorisation has been given beforehand. Users are responsible for accessing, browsing and using this Website, and so Users undertake to abide diligently and faithfully by any additional instructions given concerning the use of this Website and its content issued by the Website’s authorised staff.
Users thus undertake to use the Website, services and content in a diligent, proper and licit way, and in particular they undertake to refrain the following:
– using the Website, services and contents with intentions or effects that are against the law, moral standards, generally accepted standards of conduct, or public order;
– reproducing or copying, distributing, or allowing public access to, through any form of public communication, and transforming or modifying the content, unless authorisation for this has been given by the holder of the rights concerned, or unless such actions are legally allowed;
– using the content, and in particular information of any kind obtained through the Website or the services, to dispatch advertising, communications for direct-sale purposes or any other commercial purposes, or unsolicited messages addressed to a number of people whatever the purpose; and marketing or disseminating such information in any way.
2.- Commercial Information.
The information about the products of Sismo Building Technology Spain S.L. , available on this Website, are approximate and for information purposes only, and do not constitute a binding offer on the part of Sismo Building Technology Spain S.L. Sismo Building Technology Spain S.L. reserves the right to change the content and information available on the Website, at any time and without prior notice. All graphic documentation included in this Website is purely orientational in nature and is subject to change, particularly the various developments or properties that may undergo changes required by technical progress in the projects and the execution of the projects. Sismo Building Technology Spain S.L. is in no way liable for the effectiveness or accuracy of the information given, remaining exempt from any contractual or extra-contractual liability towards the User who makes use of the site.
3.- Intellectual and Industrial Property
The content, documentation, images, graphics, makes, logos and design that constitute this Website are the property of Sismo Building Technology Spain S.L.
This Website and what its content are duly protected in conformance with Spanish and International regulations on Intellectual and Industrial Property. It shall not be assumed under any circumstances that Users’ accessing and browsing the Website implies any waiver, assignment, licensing or granting, whether in whole or in part, of those rights by their holders. Consequently, it is forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, publish again or subsequently, download files, send by e-mail, transmit, use, process or distribute in any way all or part of the content included in the www.sismospain.com/en Website for public or commercial purposes, unless prior written authorisation has been given by the holder of the rights concerned.
The persons or companies who provide any type of information or content to Sismo Building Technology Spain S.L. promise it to be the truth and not contravene or infringe on any rights of a third party or be in breach of the law and public order.
The usage of trademarks, logos and service marks, hold by Sismo Building Technology Spain S.L. or by a Third Party, in this Website implies that you are prohibited from using them without prior consent of Sismo Building Technology Spain S.L. or the holders of such rights.
Any person infringing on the Intellectual and Industrial rights, or any other legal right hold by Sismo Building Technology Spain S.L. will be responsible for and will be obliged to compensate Sismo Building Technology Spain S.L. for any damages that could be caused.
If you believe that any of the contents and/or information on the Website to be contravening a legal right or law in force then do not hesitate to contact us:
Sismo Building Technology Spain S.L. Ctra. de Istán, Km 1, Centro Comercial Le Village, local 6-7. 29602 Marbella. España.
Users will find links to other websites in this Website, and those other websites may be run by third parties. Consequently, no responsibility of any kind can be accepted for any aspect relating to a website to which there is a link in this Website. Sismo Building Technology Spain S.L. advises that the insertion of links of any kind to third-party websites does not imply the existence of any kind of relation, collaboration, dependency or recommendation between the www.sismospain.com/en Website and those in charge of the third-party websites.
In order to have links with the page www.sismospain.com/en it is necessary to have written permission from the owners of the portal.
5.- Data Protection.
Sismo Building Technology Spain S.L. in compliance with that stipulated by the LO (Constitutional Law) 15/1999, of 13th December, of Protection of Personal Data, and the developed regulations, states that any personal data provided, will be stored in a personal data file registered under Sismo Building Technology Spain S.L., being used exclusively for specific aims: to respond to requests for information by the Users, commercial follow-up, statistics, and also to send out informative communications regarding future promotions of Sismo Building Technology Spain S.L. Persons or companies that forward any information to this Website expressly consent to Sismo Building Technology Spain S.L. to store, use and disclosed or passed onto to companies members of the Group Sierra Blanca the information in the abovementioned way and aims.
Sismo Building Technology Spain S.L., has in place all the security measures demanded by the RD (Royal Decree) 994/99, to guarantee the absolute confidentiality in the storage and treatment of personal data, as well as to avoid access by unauthorised third parties. The User is responsible for the truthfulness of the data provided, Sismo Building Technology Spain S.L. reserves the right to exclude any User from the services provided by the Website if they have provided false or erroneous data.
The User can exercise their right, at any time and free of charge, to access, rectify, cancel and oppose the treatment of their personal data by writing to:
Sismo Building Technology Spain S.L. Ctra. de Istán, Km 1, Centro Comercial Le Village, local 6-7. 29602 Marbella. España.
The User shall state: full name, address, photocopy of National Identity Card or Passport and the action to be done. In case of acting on behalf of third party, the User shall provide proper original documentation.
Only the following information is obtained and kept in connection with the surfing of Users in this Website:
– The domain name of the provider (ISP) and/or the IP address giving them access to the Internet. For example, a user of the services of service provider XXX will only be identified with the domain xxx.es and/or the IP address. This enables us to produce statistics on the countries and services that most frequently visit this Website.
– The date and time of access to this Website. This information allows us to determine the times of heaviest traffic and make precise technical adjustments to avoid saturation problems at peak times.
– The Internet address from which the link was used to direct you to this Website. Thanks to this information we can assess the effectiveness of different banners and links that point to our server, with the purpose of promoting those that offer the best results.
– The number of daily visitors to each section. This allows us to know which areas are more successful and increase and improve their contents, meaning the Users get more satisfactory results.
– The information obtained is totally anonymous, and cannot under any circumstances be associated with a particular identified user.
BROWSING WITH COOKIES
– The data and time of the user’s most recent visit to this Website.
– The content design that the user chose on his or her first visit to this Website.
– Security elements involved in controlling access to the restricted areas.
– Users can prevent cookies from being generated by selecting the relevant option in their browser programs. However, the company will decline responsibility if deactivating cookies results in this Website not working properly.
7.- Responsibilities and Guarantees.
No responsibility shall be accepted, whether direct or subsidiary, stemming from the following:
– any damage caused to Users’ equipment through using the portal, or the quality of service, speed of access, proper operation, availability and continuity in operation of the Website; or as a result of any virus, worms, or other harmful element in the Website or in the server supplying it, or stemming from a breach of the security measures adopted; or as a result of third party or Users in breach of the Law or the public order, beyond Sismo Building Technology Spain S.L. control.
– while Sismo Building Technology Spain S.L. makes all reasonable efforts to insure that all information on this Website is correct, accuracy can not be guaranteed and Sismo Building Technology Spain S.L. does not assume any responsibility for the accuracy, completeness or authenticity of any information contained in this Website. This Website and all information materials contained herein is provided to you on an “as is” basis without warranty or any kind either express or implied. Sismo Building Technology Spain S.L. does not assume any responsibility for the usage of this contents by a third party.
– users are responsible for accessing, browsing and using this Website and the information within. The connections and links to third party pages or websites have been established purely as benefit for the User. Sismo Building Technology Spain S.L. is not, under any circumstances, responsible for them or their content.
– the contents of any chat or any kind of transmissions connected to this Website and will adopt all possible measures to impede any kind of conduct that is contrary to the Spanish Laws and will co-operate fully with the Authorities in the identification of those responsible for any actions which could be classed as violations of the laws or General Terms applicable to the present Website.
– the loss or damage caused, whether to himself/herself or to a third party, by any person infringing the General Terms, rules and instructions given in this Website, or breaching the security systems of www.sismospain.com/en
– information inserted by Users or by Third Parties, or infringements of the law, moral standards, generally accepted standards of conduct or public order as a result of transmitting, disseminating, storing, making available, receiving, obtaining or accessing the content.
– all liability shall be declined for loss or damage of all kinds caused by the advertising, content or services provided by Third Parties through this Website, examples including in particular, but not limited to:
– infringement of the law, moral standards or public order;
– the appearance of viruses or other computer code, files or programs that may damage, interrupt or prevent the proper functioning of any software, hardware or telecommunications equipment;
– breaches of intellectual or industrial property rights, corporate secrets, or contractual undertakings of any kind;
– the performance of actions which amount to illicit, misleading or unfair advertising, or advertising which amounts to unfair competition;
– lack of truthfulness, accuracy, quality, pertinence and/or currency in the content transmitted, disseminated, stored, received, obtained, or made available or accessible;
– breaches of rights to honour, to personal and family privacy and to personal image, or in general any third-party rights;
– their unsuitability for particular purposes of any kind, their falling short of expectations raised, or any flaws and defects that may arise in third-party relations;
– non-fulfilment or delay in fulfilment of, defective fulfilment of, or the termination on any grounds of, undertakings made by third parties and contracts made with third parties.
The User is responsible for and will be obliged to compensate Sismo Building Technology Spain S.L. for any damages that could be caused from the use and /or consultation of this Website, infringing on the General Terms or the current regulations in force.
The headings of the various clauses are provided for information purposes only, and shall not affect, influence or extend the interpretation of the General Terms.
In the event of any provision(s) of these General Terms being deemed null and void or inapplicable, in whole or in part, by any Court, Tribunal or government body with competence in this area, such nullity or non-applicability shall not affect the remaining provisions of the General Terms or the Special Terms for the various services.
Non-exercise or non-execution of any right or provision contained in these General Terms shall not be construed as a waiver of the rights or provisions concerned, unless an express acknowledgement or agreement of waiver is made.
9.- LEGISLATION AND JURISDICTION
These General Terms are drawn up in Spanish, and are subject to current Spanish legislation. In the event of disputes arising in connection with the use of the services offered through, or the content of, the Website, the parties, who accept these Terms, shall submit to the jurisdiction of the Courts and Tribunals of the city of Marbella (Spain).
© Sismo Building Technology Spain S.L. 2010. All rights reserved.