info@ecija.com

Terms of use

Access, browsing and use of www.ecija.com (hereinafter, the “Website”) implies express and unreserved acceptance of all the terms of these Terms of Use, which shall be as valid and effective as any written and signed contract.

Their observance and compliance shall be enforceable in respect of any user accessing, browsing or using the Website. If the user does not agree with the above terms, do not access, browse or use the Website.

 

Identification.

  • Owner: ECIJA Verein (hereinafter referred to as “ECIJA Verein “)

  • Registered office: Calle Serrano 69, 28006 Madrid.

ECIJA offers its professional services in the Spanish and Portuguese speaking markets through ECIJA Verein, an entity validly incorporated under Swiss law of which its different offices and associated firms (hereinafter “ECIJA“) form part. Each of the firms that make up ECIJA Verein is a separate legal entity, with its own independent legal personality, providing legal and professional services in accordance with the laws of the jurisdictions in which it operates. ECIJA Verein does not itself provide legal services of any kind to clients and is not responsible for the actions of its member firms.

 

Object.

These Terms of Use regulate the access, browsing and use of this Website, without prejudice to the fact that ECIJA reserves the right to modify the presentation, configuration and content of the Website, as well as the conditions required for its access and/or use. Access to and use of the contents of the Website after the entry into force of its modifications or changes implies acceptance of these.

ECIJA reserves the right to modify the terms and conditions stipulated herein, in whole or in part, by publishing any changes in the same form in which these Terms of Use appear or through any type of communication addressed to users.

Likewise, users are informed of their rights and obligations in relation to the contents displayed on the Website, logos and trademarks used, as well as the responsibilities that may arise from accessing the Website.

For the purposes of the interpretation of these Terms of Use, it is understood that a person becomes a user at the moment in which he/she accepts the Terms of Use and the Privacy Policy set out on the Website, it being sufficient for him/her to visit the Website.

 

Intellectual and industrial property rights.

ECIJA is the owner or, if applicable, has the corresponding licences for the exploitation rights of intellectual and industrial property of the Website, as well as of all the contents offered therein, including the platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through the same.

Under no circumstances shall it be understood that access, browsing and use of the Website by the user implies a waiver, transmission, licence or total or partial transfer of said rights by ECIJA. The user has the right to use the contents of the Website within a strictly domestic sphere and solely for the purpose of using this Website, in accordance with these Terms of Use.

References to registered trademarks or trade names, or other distinctive signs, whether owned by ECIJA, the different offices and associated firms or third party companies, imply a prohibition on their use without the consent of ECIJA or their legitimate owners. At no time, unless expressly stated to the contrary, does access, browsing or use of the Website and/or its contents confer on the user any rights over the distinctive signs included therein.

All intellectual and industrial property rights over the contents of the Website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Website, for public or commercial purposes, without the prior, express and written authorisation of ECIJA or, where appropriate, of the owner of the corresponding rights.

Likewise, it is forbidden to remove or manipulate the copyright indications or other credits that identify the holders of the rights of the contents that the user finds on the Website, as well as the technical protection devices, digital fingerprints, or any protection mechanism or information incorporated into the contents offered on the Website.

In the event that the user sends information of any kind to ECIJA through any of the channels provided for this purpose, the user declares, guarantees and accepts that he/she has the right to do so freely, that such information does not infringe any intellectual or industrial property rights, trade secrets or any other rights of third parties, and that such information is not confidential or harmful to third parties.

The user acknowledges that he/she assumes responsibility, holding the provider harmless for any communication that he/she provides personally or in his/her name, with said responsibility being unrestricted as to the accuracy, legality, originality and ownership of the same.

If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual and/or industrial property rights, he/she must notify ECIJA immediately via the e-mail address info@ecija.com so that it can proceed to adopt the appropriate measures.

Likewise, in the event that any user or third party considers that any of the contents of the Website owned by ECIJA Verein violates their intellectual and/or industrial property rights, as well as any other rights, they should send a communication to info@ecija.com with the following information:

  • Identification data and means of contact of the claimant or his/her legal representative.

  • Documentation proving your status as the owner of the allegedly infringed rights.

  • Detailed account of the rights allegedly infringed by ECIJA, as well as their exact location within the Website.

  • Express statement by the claimant that the use of the content has been made without the consent of the owner of the allegedly infringed rights.

 

Website usage rules

Access to or use of the Website for illegal or unauthorised purposes, with or without economic purpose, is not permitted and, therefore, its consequences shall be the sole responsibility of the user. In particular, and without the following list being absolute, it is prohibited:

  • Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in the operation of the Website or a third party’s computer;

  • Use the Website for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files;

  • Use the Website to collect personal data from other users;

  • Use the Website illegally, against good faith, morality and public order;

  • Unauthorised access to any section of the Website, other systems or networks connected to the Website, any ECIJA server, or the services offered through the Website, by hacking or forgery, password mining or any other illegitimate means;

  • Breach, or attempt to breach, the security or authentication measures of the Website or any network connected to the Website, or the security or protection measures inherent in the content offered on the Website;

  • Take any action that causes disproportionate or unnecessary load on the infrastructure of the Website or ECIJA’s systems or networks, as well as systems and networks connected to the Website; or

  • Impede the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or attempting to alter, illegally or in any other way, the access, participation or operation thereof, or by falsifying the result thereof and/or using fraudulent participation methods, by means of any procedure, and/or through any practice that violates or infringes these Terms of Use in any way whatsoever.

The breach of any of the above obligations by the user may lead to the adoption by ECIJA of appropriate measures protected by law and in the exercise of their rights or obligations, without the possibility of any compensation for damages caused.

In the event that the user finds any information or content on the Website that may be unsuitable, contrary to current legislation, or contrary to the conditions set out on the Website, please inform ECIJA immediately through the various means provided for this purpose.

 

Links

a) Links to other websites:

ECIJA does not control the content, privacy policies or practices of third party websites and assumes no responsibility for them.

You acknowledge and agree that ECIJA shall not be responsible for the availability of external websites or resources, and does not endorse any advertising, products or other materials offered through such websites or resources.

You acknowledge and agree that ECIJA shall not be liable for any loss or damage you may incur as a result of the availability of such external websites or resources, or as a result of any reliance you place on the completeness, accuracy or existence of any advertising, products or other materials offered through such websites or resources.

On the other hand, users who wish to link to the ECIJA portal from their own websites are obliged to comply with the following conditions:

  • The link will only link to the site and may not reproduce it in any form.

  • In accordance with the applicable regulations, frames of any kind may not be established around the portal or allow it to be viewed through different Internet addresses or in conjunction with external content in such a way as to cause, or be likely to cause, error or confusion among users as to the origin of the service or its content, imply an act of unfair comparison or imitation, serve to take advantage of the reputation, brand and prestige of ECIJA or be done in any other way that is prohibited by law.

  • No false or inaccurate statements about ECIJA, about the quality of its services or about its partners, employees or clients may be made on the linked website.

  • The sender may not use the trademark or any other distinctive sign of ECIJA within its website, except in cases authorised by law or expressly permitted by ECIJA.

  • The website that establishes the link must comply with current legislation and may not provide or link to content that is unlawful, harmful, contrary to morals and good customs, or which produces or may produce the false idea that ECIJA endorses or supports the ideas, statements or actions of the sender, or which are inappropriate in relation to the activity carried out by ECIJA, taking into account the content and general subject matter of the website where the link is established.

Finally, users who insert content from other users on their own web pages are not subject to the provisions of this point because, strictly speaking, the calls that occur from their own web pages to such content are not links to them, nor to the ECIJA portal. Their own web pages “call” the code of the contents published in ECIJA and these contents are reproduced in their own web pages.

b) Links to the provider’s channel on other platforms and social networks:

ECIJA provides users, through different tools and applications, with links that allow users to access the channels and pages of the Website that ECIJA maintains on different platforms and social networks belonging to and/or managed by third parties (e.g. Facebook, Twitter, Linkedin, etc.). The sole purpose of including these links on the Website is to provide users with access to these channels on the different platforms and social networks.

The establishment of these applications does not imply the existence of any relationship between ECIJA and the owner, manufacturer or distributor of the linked platform, nor the acceptance and approval by ECIJA of its contents and/or services, the owner, manufacturer or distributor being solely responsible for them.

Under no circumstances does ECIJA share with Facebook, Twitter or any other social network that may be incorporated in the future any type of private information about its users, its only purpose being that established in these General Conditions of Use, as well as in the Website’s Privacy Policy. In this sense, all the information that the user wishes to provide to these platforms will be under his/her own responsibility, and ECIJA will not intervene in this process.

The activation and use of these applications may involve the identification and authentication of the user (login/password) on the corresponding platforms, completely external to the Website and outside the control of ECIJA. By accessing such external networks, the user enters an environment not controlled by ECIJA, and ECIJA assumes no responsibility for the security settings of such environments.

Given that ECIJA has no control over the content hosted on these channels, the user acknowledges and accepts that ECIJA assumes no responsibility for the content or services that the user may access on these pages, nor for any content, products, services, advertising or any other material available on these pages. For this reason, the user must exercise extreme caution in the evaluation and use of the information, content and services available on the linked channels, as well as any information of their own or of third parties that they wish to share on these channels.

c) Links on other websites to ecija.com:

ECIJA does not authorise the establishment of a link to the Website from pages that contain material, information or content that is illicit, illegal, degrading, obscene and, in general, that contravene the law, morality or public order, or generally accepted social norms.

In any case, users may establish links on their respective web pages to the Website, provided that they comply with the following conditions:

  1. the link may not reproduce the content of the Website or parts of it in any form;

  2. it is not permitted to create a browser or border environment over sections of the Website, nor may the Website be modified in any other way;

  3. it is not permitted to make false, inaccurate or incorrect statements or indications about the Website and/or, in particular, to state or imply that ECIJA has authorised the link or that it has supervised or assumed in any way the contents or services offered or made available on the web page on which the link is established;

  4. the web page on which the link to the Website is established shall not contain information or content that is illicit, contrary to morality and generally accepted good customs and public order, nor shall it contain content contrary to any third party rights, including intellectual and industrial property rights and/or the right to honour, to personal or family privacy or to one’s own image or any other right, or content contrary to the regulations governing the protection of personal data.

ECIJA has neither the power nor the human or technical means to know, control or approve all the information, contents, products or services provided by other web pages that have established links to the Website. ECIJA does not assume any type of responsibility for any aspect related to the web page that establishes the link to the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

 

Responsibilities and guarantees.

Consequently, ECIJA does not guarantee and is not responsible for: (i) the continuity of the contents of the Website; (ii) the absence of errors in said contents; (iii) the absence of viruses and/or other harmful components in the Website or in the server that supplies it; (iv) the invulnerability of the Website and/or the impossibility of breaching the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Website; and (vi) any damage or harm caused, to oneself or to a third party, by any person who infringes the conditions, rules and instructions established by ECIJA on the Website or through the infringement of the security systems of the Website.

Nevertheless, ECIJA declares that it has taken all necessary measures, within its possibilities and the state of the art, to ensure the functioning of the Website and to minimise system errors, both from a technical and legal and organisational point of view.

If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could infringe the rights of third parties, he/she must notify ECIJA immediately so that it can proceed to adopt the appropriate measures.

ECIJA shall not be responsible for the accuracy, completeness or updating of the information published on the Website from external sources and shall not be liable for any damages that may arise from the use of such information.

 

Suspension of the website

ECIJA reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, browsing, use, hosting and/or downloading of the content and/or use of services of the Website, with or without prior notice, without the user being able to claim any compensation for this reason.

 

Confidentiality and data protection

In accordance with the provisions of current legislation on Data Protection, all personal data provided during the use of the Website will be processed in accordance with the provisions of the Privacy Policy that all users must expressly accept in order to use the Website.

 

General terms and conditions for the use of social profiles

With these General Conditions of Use, it is intended that all end users know what their rights and obligations are from the moment they visit their social profiles on Facebook, Twitter, and/or any similar social network, of ECIJA, the different offices and associated firms.

Likewise, ECIJA informs users about their rights and obligations in relation to the contents exposed through its social profiles, logos and brands used, as well as the responsibilities that may arise from the use of the service.

ECIJA is deeply committed to ensuring that the service functions correctly and in accordance with the conditions agreed with users. However, it is sometimes possible that situations may arise (especially due to the intervention of malicious third parties) from which liability may arise.

In this regard, the following are situations, by way of example, but not limited to, in which ECIJA, the different offices and associated firms are not responsible for the actions of users, who assume all the responsibilities that may arise:

  • In the event that any information is published on the social network that has not been published or shared by ECIJA, or that has been published by a third party.

  • In the event that the social network is not operational for technical reasons attributable to the owner of the platform itself, third parties or unforeseeable causes or force majeure, these circumstances being the responsibility of the social network, or where appropriate the third party.

  • In the event that the social network modifies its General Conditions of Use, privacy policies or mode of operation, these circumstances being the responsibility of the social network.

  • In the event that the user stores, disseminates, publishes or distributes on the social network any type of material that is defamatory, libellous, discriminatory, incites violence or is contrary to morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties.

  • In the event that the user uses the social network to introduce data, viruses or malicious code in the equipment of ECIJA or any other user.

In the event that any of the content accessible through the social profiles of ECIJA, the different offices and associated firms, is contrary to current regulations, ECIJA undertakes to immediately remove it as soon as it becomes aware of this situation.

ECIJA does not undertake to inform users when their comments and posts are subject to editing and/or moderation; however, it may warn and take appropriate measures to suspend and expel users who periodically and systematically post inappropriate content. Users who engage in the aforementioned conduct on more than one occasion and who have been previously suspended or expelled from the service may be prevented from using the social profile indefinitely, which may result in the definitive expulsion from the programme and the permanent blocking of the user.

Likewise, ECIJA does not guarantee the accuracy, reliability, validity or completeness of third party content contained in its social profile or any linked site. ECIJA, the different offices and associated firms are not responsible for the content of websites not operated by ECIJA.

The social profiles of ECIJA, the different offices and associated firms, may include opinions, recommendations or statements by third parties, which do not necessarily reflect the opinions of ECIJA or indicate its commitment to a particular line of action.

The information provided through the profiles of ECIJA, the different offices and associated firms, in social networks should not be considered in any case assimilable to the professional and face-to-face advice provided by ECIJA. Users should seek appropriate professional advice in relation to their specific circumstances and queries, in order to achieve the maximum effectiveness of the measures taken. Under no circumstances may information provided through social media be considered an alternative to information provided in person by ECIJA.

ECIJA recommends that users exercise caution, common sense and common sense when using their social profiles and that they carefully assess the accuracy, currency, completeness and relevance of the information posted through their social profiles for their purposes. Any decision users make based on such information is strictly at their own risk.

The user, once he/she starts following the social profiles of ECIJA, the different offices and associated firms, will be able to publish comments, links, images or photographs or any other type of content, according to the conditions of the social network itself. The user, in all cases, must be the owner of these, enjoy the rights of exploitation of intellectual property or have the consent of the affected third parties.

Users who decide to share content on the social profiles of ECIJA, the different offices and associated firms, must be aware that their publications will be accessible and therefore known by other users, so they will be solely responsible for them, as well as for the implications that this may have for their privacy.

Any publication on ECIJA’s social profiles that violates or is likely to violate morals, ethics, good taste or decorum, and/or that infringes, violates or violates intellectual or industrial property rights, the right to image, privacy or current regulations is expressly prohibited. In these cases, ECIJA reserves the right to remove the content, and may request the permanent blocking of the user who published the content.

In this sense, the contents, opinions or answers to questions published, expressed or sent by the creators, sponsors, advertisers or users of the ECIJA profile, other than the content provided by ECIJA, are the sole opinions and responsibility of the person sending them and do not necessarily reflect the opinions of ECIJA, which is not responsible for the content published, uploaded, distributed, disseminated or transmitted by third parties through ECIJA’s official profiles.

Likewise, ECIJA reserves the right not to respond individually to comments and messages received through its profile, as well as to unfollow all users who start following its social profile.

Certain information contained in ECIJA profiles may contain forward-looking statements, including, but not limited to, statements that are predictions or indications of future events, trends, plans or objectives. You should not rely solely and exclusively on such statements, which by their nature are subject to known and unknown risks and uncertainties. Accordingly, ECIJA undertakes no obligation to release publicly any updates or revisions to these forward-looking statements, whether to reflect new information or future events or circumstances or for other purposes.

For answers to questions, complaints or claims, please consult ECIJA’s corporate website, where the relevant information channels are available.

ECIJA will use its profiles on social networks to advertise its own services. In any case, if ECIJA decides to process your contact data (user profile of the social network and/or email) to carry out direct commercial prospecting actions, it will always be in compliance with the legal requirements of current legislation on data protection.

Recommending ECIJA’s social profiles, the different offices and associated firms to other users, so that they can also be informed of its activity, will not be considered as advertising.

ECIJA is deeply committed to the protection and defence of intellectual and industrial property rights. Therefore, it informs that:

  • Under no circumstances may it be understood that any exploitation rights over the contents displayed be transferred to users beyond what is strictly necessary for their visualisation.

  • All logos, trademarks and trade names displayed through the website or the platform are the property of ECIJA and their use is conditioned by the Company’s corporate rules, and/or the provisions of those third parties that have permitted their use and/or exploitation.

  • Under no circumstances may browsing through ECIJA’s social profiles imply the waiver, transmission, licence or total or partial transfer of intellectual or industrial property rights, unless otherwise established in writing.

  • With regard to links or hyperlinks, it is possible that they facilitate access to independent third party websites that are directly related to the advertising displayed and reproduced through the social profile. ECIJA is not responsible for the content and/or operation of these websites, as they are not owned or controlled by ECIJA.

In the event that anyone detects any type of content contrary to current regulations or which may be harmful to users, ECIJA asks to be notified as soon as possible.

The user can access at any time to the privacy policies of the Social Network itself, as well as configure their profile to ensure their privacy. ECIJA encourages users to familiarise themselves with the General Conditions of Use of these networks before starting to use them.

 

Miscellaneous

The headings of the different clauses are for information purposes only, and shall not affect, qualify or extend the interpretation of these Terms of Use. Furthermore, ECIJA may modify the terms and conditions stipulated herein, in whole or in part, by publishing any changes in the same form in which these Terms of Use appear or through any type of communication addressed to users.

The temporary validity of the present Terms of Use coincides, therefore, with the time of their exhibition, until they are totally or partially modified, at which time the modified Terms of Use will come into force.

Regardless of the provisions of the particular conditions that may be established, ECIJA may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the user being able to claim any compensation whatsoever. After such termination, the prohibitions on the use of the contents set out above in these Conditions of Use shall remain in force.

To this effect, ECIJA informs that it may inform and collaborate with the competent police and judicial authorities if it detects any infringement of the legislation in force or if it suspects that a crime has been committed.

In the event that any provision of these Terms of Use is declared invalid or unenforceable, in whole or in part, by any court, tribunal or competent administrative body, such invalidity or unenforceability shall not affect the remaining provisions of these Terms of Use.

The failure of ECIJA to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by ECIJA.

 

Applicable law and competent jurisdiction

Whenever the regulations in force provide for the possibility for the parties to submit to a specific jurisdiction, for any litigious matter arising from or related to this Website, the Spanish legislation in force at the time of the dispute shall apply, and we shall submit to the Courts and Tribunals of Madrid, as well as, where appropriate, to the consumer arbitration courts or similar courts to which we are adhered at the time the dispute arises.

 

Last updated: 21 December 2.022.

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