Legal Notice
1. Terms of Use and acceptance
These Terms govern the use of the Web and / or DIGITAL MEDIA CLERVIN ENERGY SERVICES SLU, with NIF B-85116671, domiciled at Paseo de la Castellana 91, 11th floor, 28046, Madrid and registered in the Mercantile Registry of Madrid in Volume 24275, Folio 80 and Sheet M-436394 (hereinafter CLERVIN). Registered in the official registry of the CNMV under No. 126.
The use of the Website and/or DIGITAL MEDIA attributes the condition of user and expresses the full and unreserved conformity of the latter to each and every one of the general and/or specific conditions, with respect to the version published at the time of User access. Therefore, the User is recommended to carefully read its content.
Through the Website and/or MEDIO DIGITAL, CLERVIN provides Users with access to and use of various services and content made available by CLERVIN or by third party users of the Website and/or MEDIO DIGITAL and/or third party providers of services and content (hereinafter, the "Services").
CLERVIN reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of the Website, as well as the right to modify or eliminate, at any time and without prior notice, the Services and the conditions required to access and/or use the Website and its Services.
2. Access and use of the Web
2.1. Free access and use of the Web
The Services provided through the Web and / or DIGITAL MEDIO are free for users, however, sometimes require registration on the Web and / or DIGITAL MEDIO. Registration is not allowed for minors.
2.2. Obligation to make proper use of the Website and/or MEDIO DIGITAL and the Services
The User agrees to use the Website and/or MEDIO DIGITAL and the Services in accordance with the Law, with the provisions of these Conditions, good customs, public order, and generally accepted uses, and undertakes to refrain from using the Website and/or MEDIO DIGITAL and the Services for illicit purposes or effects, contrary to the provisions of these Conditions, harmful to the rights and interests and image of third parties, or in any way damage, disable, overburden or impair the Web and/or MEDIO DIGITAL and the Services or prevent the normal use or enjoyment of the Web and/or MEDIO DIGITAL and its Services by the Users.
2.3. Correct use of the Content by the User
The User undertakes to use information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material accessible through the Website or the Services (hereinafter, the "Content") in a diligent, correct and lawful manner and, in particular, undertakes to refrain from:
(a) Using the Contents in a manner, for purposes or with effects contrary to the law, good customs and generally accepted uses or public order;
(b) Suppressing, evading or manipulating the intellectual or industrial property rights of CLERVIN as well as of any trademark holder, as well as the other identifying data or rights of CLERVIN or of any of its holders that appear in the Contents, as well as the technical protection devices, digital fingerprints or any information mechanisms that may be contained in the Contents;
(c) to use the Contents and, in particular, information of any kind obtained through the Web and/or MEDIO DIGITAL or the Services to send advertising, communications for direct marketing purposes or for any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, as well as to refrain from marketing or disclosing such information in any way;
(d) and in particular, to carry out any act contrary to the rules governing the protection of personal data, the market, consumers and Intellectual Property.
Failure by the User to comply with any of these obligations will lead to the appropriate legal action/s.
2.4.- Links and Hyperlinks
Users and, in general, those persons who intend to establish a hyperlink between their web page and any of the pages of the Web and/or MEDIO DIGITAL or the Services (hereinafter, the "Hyperlink") must comply with the following conditions:
1. the Hyperlink shall only allow access to the pages of the Web and/or MEDIO DIGITAL and the Services, but may not reproduce them in any way;
2. no deep-links or hyperlinks shall be established with the pages of the Web and/or MEDIO DIGITAL or the Services;
2.5. Liability for damages
The User shall be liable for any and all damages (present, probable and presumed) and losses of any nature that CLERVIN may suffer as a result of any breach of any of the obligations to which it is subject by the Conditions, and as set out in the articles contained herein.
CLERVIN reserves the right to take any legal action that it may be entitled to.
3. Processing of User data
1) In order to access and/or use some of the Services it is necessary for Users to previously provide CLERVIN with certain personal data (hereinafter, "Personal Data"), which CLERVIN will process automatically and incorporate into a file, for the purposes of providing the services of the Website and/or MEDIO DIGITAL.
2) All these circumstances will be previously and duly notified by CLERVIN to Users, in the cases and in the form in which this is legally required.
3) If the User provides personal data of third parties, the User shall inform said third parties of the content of the data provided, of the existence and purpose of the file containing their data, of the possibility of exercising their rights, shall identify CLERVIN and must obtain the consent of said third party in order to communicate their data to CLERVIN.
4) CLERVIN guarantees that it has adopted the appropriate security measures in its facilities, systems and files. Likewise, CLERVIN guarantees the confidentiality of the Personal Data. Notwithstanding the foregoing, CLERVIN will disclose to the competent public authorities the Personal Data and any other information in its possession or accessible through its systems and required in accordance with the legal and regulatory provisions applicable to the case.
5) Users are recognized and may exercise their rights of access, deletion, rectification and opposition, revoke their consent, limit their processing and request the portability of their data at any time, by contacting CLERVIN following the procedure for the exercise of rights described for this purpose in the Data Protection Policy.
Warranties and liability
4.1. Exclusion of warranties and liability for the operation of the Website and/or DIGITAL MEDIA and Services
CLERVIN does not guarantee the availability and continuity of the operation of the Website and/or DIGITAL MEDIA or the information, content, software, materials, or products included therein to the extent permitted by applicable law.
In this way, any liability for damages of any nature that may arise from the lack of availability or continuity of the operation of the Web and / or MEDIO DIGITAL and its services and the utility that users could have attributed to this website and / or MEDIO DIGITAL is excluded.
In any case, CLERVIN will make its best efforts to maintain the continued availability of this Website and/or MEDIO DIGITAL.
Likewise, CLERVIN shall not be liable for any errors or security deficiencies that may occur due to the use, by the User, of a browser with an outdated or insecure version, as well as for the activation of devices for the conservation of passwords or identification codes of the User registered in the browser or for any damage, errors or inaccuracies that may arise from the malfunction of the same.
CLERVIN has implemented all the necessary technical and organizational security measures to guarantee the integrity, confidentiality and availability of the personal data provided by the user.
Although CLERVIN has implemented all appropriate measures to guarantee security in this area, it does not control or guarantee the absence of viruses or other elements in the contents of this website and/or MEDIO DIGITAL that may cause alterations to the user's computer system (software and hardware) or to the electronic documents and files stored on the user's computer system.
CLERVIN disclaims any liability for damages of any kind that may be due to the presence of viruses in the contents that may cause alterations in the computer system, electronic documents, files, etc.
The user accepts that the Website and/or MEDIO DIGITAL has been created and developed in good faith by CLERVIN with information from internal and external sources and offers it in its current state to users, and may contain inaccuracies or errors. Therefore, the user exonerates CLERVIN from any liability in relation to the reliability, usefulness or false expectations that the Website and/or MEDIO DIGITAL may produce while browsing the same.
4Exclusion of warranties and liability for services and content hosted outside the Website and/or MEDIO DIGITAL
The Website and/or MEDIO DIGITAL may make available to Users technical linking devices (such as, among others, links, banners, buttons), directories and search tools that allow Users to access websites belonging to third parties (hereinafter "Linked Sites"). In this case, the installation of these links, directories and search tools on the Website and/or MEDIO DIGITAL has the sole purpose of facilitating Users' search for and access to information available on the Internet, and does not presuppose the existence of any kind of link or association between CLERVIN and the operators of the Linked Sites.
CLERVIN does not previously control, approve or endorse the services, information, data, files, products and any kind of material existing on the Linked Sites. The User, therefore, should exercise extreme caution in evaluating and using the services, information, data, files, products and any kind of material on the Linked Sites.
CLERVIN fully excludes its liability for any damages of any kind arising or likely to arise from (a) the operation, availability, accessibility of the linked services; (b) the maintenance of information or any material on the sites, (c) the provision or transmission of the linked services on the same terms and to the same extent as set out in condition 4.2.
5. Intellectual and industrial property
PLENIUM authorizes the User to use the intellectual and industrial property rights and trade secrets relating to the Software installed on its computer equipment only to use the Website and/or MEDIO DIGITAL and the Services in accordance with the provisions of these Conditions. PLENIUM does not grant any other license or authorization of use of any kind on its intellectual property rights, trade secrets or any other property or right related to the Website and/or MEDIO DIGITAL, the Services or the Contents.
In the event that any User or third party considers that any of the Contents have been introduced into the Website and/or MEDIO DIGITAL in violation of its intellectual property rights, it must send a notification to PLENIUM containing the following: (a) personal data: name, address, telephone number and e-mail address of the claimant; (b) authentic signature or equivalent, with the personal data of the holder of the intellectual property rights allegedly infringed or of the person authorized to act in the name and on behalf of the holder of the intellectual property rights allegedly infringed; (c) precise and complete indication of the Contents protected by means of the intellectual property rights allegedly infringed, as well as their location on the Website and/or DIGITAL MEDIA; (d) express and clear statement that the introduction of the indicated Contents has been made without the consent of the owner of the intellectual property rights allegedly infringed; (e) express, clear statement and under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the contents constitutes an infringement of its intellectual property rights.
These notifications must be sent to PLENIUM, Plenium Partners, S.L., Paseo de la Castellana, 91 - 11th floor 28046 Madrid or through info@pleniumpartners.com
6. Applicable law and resolution of conflicts
These Conditions are governed by Spanish law.
PLENIUM and the User, expressly waiving any other jurisdiction, submit to the Courts and Tribunals of the registered office of PLENIUM for any controversy that may arise from the provision of the services that are the object of these Conditions. In the event that the User is domiciled outside Spain, PLENIUM and the User likewise submit themselves, expressly waiving any other jurisdiction, to the courts and tribunals of the city of Madrid.