GENERAL CONDITIONS GOVERNING THE USE OF THE APUNTOLAPOSPO, S.L.U. WEB SITE

 

 

• Object

• Standing as user

• The web site

• Amendment of the general conditions

• Use of the web site

• Content of the web site

• Intellectual and industrial property rights

• Procedure for notifying illicit or illegal content

• Hyperlinks and linked sites

• Handling of personal data

• Governing law

• Jurisdiction

 

 

Object

These General Conditions regulated access to and use of the web site owned by APUNTOLAPOSPO, S.L.U., a Spanish company with registered offices in Barcelona 08017, Calle Escoles Pies 132, and registered in the Barcelona Mercantile Register, tome 36940, folio 54, sheet B-292424, entry 1, having Taxpayer ID no. B-63626667 (“APUNTOLAPOSPO”).

 

Standing as user

Any person accessing the Web Site must read the General Conditions in force at the time of access and must not use the web site if they do not fully agree with those Conditions. The mere use of the Web Site attributes standing as a user ("User") and implies full and unreserved acceptance of these General Conditions.

 

The web site

Via the URL www.lapospo.com (the "Web Site"), APUNTOLAPOSPO places at the user's disposal a range of varied content and information, generally relating to products and services marketed by APUNTOLAPOSPO and the companies in its group, as well as the information for shareholders and investors that is required by current legislation.

 

Amendment of the general conditions

APUNTOLAPOSPO reserves the right to modify, at any time and without advance notice, the presentation and content available on the Web Site as well as these General Conditions. Consequently, every time the User accesses the Web Site, he/she must view and accept the latest available version of these General Conditions before continuing to use the Web Site.

 

Use of the web site

Use of the Web Site is free of charge, on the understanding that the costs of Internet access and the licence costs of any software required to use the Web Site are for the User's account. The User acknowledges that his/her use of the Web Site is under his/her sole and exclusive responsibility. In using the Web Site, the User undertakes not to use a false identity, not to engage in any conduct that might harm the image, interests and rights of APUNTOLAPOSPO or of third parties or that is contrary to the law, morals or public order or that might damage, cripple, overload or otherwise prevent the normal use of the Web Site. APUNTOLAPOSPO adopts reasonably sufficient measures to detect viruses. Nevertheless, the User acknowledges and accepts that the security measures available for computer systems on the internet are not totally reliable and, therefore, APUNTOLAPOSPO cannot guarantee the absence of viruses or other elements that may alter the User's computer systems (hardware and software) or the electronic documents and files contained on such systems.

 

Content of the web site

The content available through the Web Site is placed at the User's disposal by APUNTOLAPOSPO using information created by APUNTOLAPOSPO itself and obtained from third parties. APUNTOLAPOSPO makes every effort to ensure that such content is of the highest possible quality and is reasonably up to date, but it does not guarantee the Content's usefulness, suitability, accuracy, exhaustiveness, pertinence and/or currency. The User may contact APUNTOLAPOSPO to ascertain the accuracy and currency of the Content by e-mail to info@lapospo.com. Consequently, except where required otherwise by imperative legislation, APUNTOLAPOSPO does not assume any liability to the User in connection with the existence of erroneous, inaccurate, incomplete, non-pertinent or outdated content on the Web Site.

 

Intellectual and industrial property rights

The Web Site and the various elements comprising it, such as data bases, software applications, distinctive signs, logos, photographs, fragments of audiovisual works, graphic designs and any others are subject to intellectual and industrial property rights of APUNTOLAPOSPO which is the sole owner or right-holder with the necessary scope. These General Conditions do not imply any assignment or transfer to the User of any intellectual or industrial property right over the Web Site or any of its components. The User is expressly prohibited from reproducing, distributing, transforming, publicly communicating, making available to others, extracting, re-using, forwarding or exploiting, by any means or procedure, the Web Site and its components, except where permitted by law or with the express written authorisation of APUNTOLAPOSPO. The User may view and obtain a temporary private copy of the content available on the Web Site for his/her exclusive personal and private use on his/her computer systems provided that it is not for the purpose of commercial or professional activities. The User must not attempt to evade or elude any technological means adopted by APUNTOLAPOSPO to restrict actions that are not authorised by APUNTOLAPOSPO or the third parties that own the rights to protected works or performances accessible via the Web Site. At all times, the User must respect the intellectual and industrial property rights on the Web Site, whether they are owned by APUNTOLAPOSPO or third parties.

 

Procedure for notifying illicit or illegal content

If the User considers that any of the content or information available on the Web Site infringes his/her rights or is illicit for any reason, he/she may notify APUNTOLAPOSPO by letter to its registered offices, with the reference "Illicit content". In the notice, the User should identify the following:

    •His/her name, contact details and national ID or equivalent number.

    •The content on the Web Site that he/she considers to be illicit or an infringement of his/her rights.

    •The reason why he/she considers the identified content to be illicit or an infringement of his/her rights.

    •The right he/she considers to have been infringed or the law allegedly breached by APUNTOLAPOSPO, indicating any work, protected     performance, invention or distinctive sign which he/she owns.

    •A signed declaration taking liability for the truthfulness of the communication to APUNTOLAPOSPO.

 

Hyperlinks and linked sites

Users and, generally, any person proposing to establish a link to the Web Site on his/her site ("Hyperlink") must comply with the following conditions. The establishment of a Hyperlink in conditions other than those set out below will require the prior written consent of APUNTOLAPOSPO:

    •The Hyperlink may only provide a link to the Web Site but may not entail the partial or total reproduction of the Web Site's content.

    •On his/her web site, the User may not reproduce or imitate the look and feel of the Web Site such as to create a risk of association or     confusion between the Web Site and the User's web site.

    •The User may not use frames or inline links to the Web Site or create an environment or browser bar relating to the Web Site content.

    •The User may not make false, inaccurate, incorrect or defamatory statements about the Web site, APUNTOLAPOSPO, the companies     in its group or the executives, employees, products or services of any of them.

    •The User may not claim or suggest the existence of a relationship of cooperation or business association with APUNTOLAPOSPO and     must not present the content of the page containing the Hyperlink as having been approved or supervised by APUNTOLAPOSPO.

    •The web site containing the Hyperlink may not contain any distinctive sign, including names, logos or slogans, that identify     APUNTOLAPOSPO apart from those names contained in the Hyperlink itself.

    •The web site containing the Hyperlink may not contain content that is illicit, immoral or contrary to generally accepted standards of     propriety and public order, nor may it contain content in breach of the rights of any third party.

    •In any event, APUNTOLAPOSPO reserves the right to prohibit or cripple any Hyperlink to the Web Site at any time at its discretion.     The User shall be obliged to immediately modify or remove from his/her web site any Hyperlink, content or distinctive sign owned by     APUNTOLAPOSPO if requested to do so.

The Web Site is placed at the User's disposal solely for the purpose of accessing the information, content and services available on the internet, hyperlinks and linking technologies (e.g. links or buttons) that enable the User to access internet sites or portals owned or managed by third parties ("Linked Sites"). APUNTOLAPOSPO does not offer or market, directly or through third parties, the information, content and services available on the Linked Sites, nor does it approve, supervise or control in any way the content and services available via those sites; accordingly, the use of the Linked Sites is at the User's sole liability.

 

Handling of personal data

Merely visiting the Web Site does not lead to any personal data that identifies the user being stored automatically. However, certain non-personal information that cannot be identified with the User is collected and stored on APUNTOLAPOSPO's servers with the sole purpose of facilitating User navigation and improvement management of the Web Site. This information is collected through cookies, which log such information as the User's browser and operating system, the IP address from which he/she is accessing the Web Site, and his/her preferences as to content layout on the site. In any event, the User can configure his/her browser to issue a warning upon receipt of a cookie and can also block cookies from being installed on his/her computer's hard disk. By changing the browser configuration, the User can accept or reject all cookies and set an alert before a cookie is installed. Without prejudice to the foregoing, in the event that APUNTOLAPOSPO collects personal data of the User via the Web Site, APUNTOLAPOSPO will provide the User with the necessary information beforehand so that he/she can consent to allow APUNTOLAPOSPO to process the personal information in accordance with the desired purposes and include them in the appropriate files owned by APUNTOLAPOSPO. APUNTOLAPOSPO's policy with regard to handling Users' personal data is based on protecting the Users' confidentiality and respecting their wishes. Consequently, APUNTOLAPOSPO will process only personal data that Users have given to it consciously and willingly and such processing will pursue only the purpose to which each User, according to his/her preferences, consented upon providing the data. In compliance with its legal obligations, APUNTOLAPOSPO guarantees to Users that it will adopt the necessary measures to ensure the confidentiality and proper use of their personal data and enable Users to exercise, at any time, their rights to access, rectify, cancel and object to the processing of their personal data, in the terms established by current law. To exercise their rights, Users must write to APUNTOLAPOSPO at the following address: APUNTOLAPOSPO S.L.U. (Ref. Datos Personales), Barcelona 08017, Calle Escoles Pies 132.

 

Governing law

These General Conditions are governed by Spanish law.

 

Jurisdiction

APUNTOLAPOSPO and the User submit to the jurisdiction of the courts and tribunals of the User's domicile for any dispute that might arise from accessing the Web Site, and they expressly waive any other venue to which they might be entitled. Where the User is resident outside Spain, APUNTOLAPOSPO and the User submit to the jurisdiction of the courts and tribunals of the Madrid (Spain), and they expressly waive any other venue to which they might be entitled.