According to the Law 34/2002, of Information Society and E-Commerece Services, and to the current regulation in Personal Data Protection Law 15/1999 and Royal Decree 1720/2007, we inform you that our website’s ownership (www.spaincar.es) corresponds to the company SPAIN CAR S.A., hereafter “THE COMPANY”, with C.I.F nº A78322732 and social domicile in the Str. Poeta Joan Maragall, 55 (antigua Capitán Haya), (28020) Madrid, and registered in the Mercantile Registry of Madrid, Volume 1, 102, Folio 90, Sheet m-71353.
THE COMPANY welcomes you and invites you to carefully read the General Conditions of Use of this website (hereinafter the “General Conditions os Use”), which describe the terms and conditions applicable to the navigation through the web, in accordance with the spanish applicable regulation. Considering that THE COMPANY could change this Conditions of Use in the future, we recommend you have a look periodically to be properly informed about the possible changes.
In order to conform to a transparent, clear and easy criteria in the use of this website, THE COMPANY informs the user that every suggestion, doubt and consultation about the General Conditions of Use will be received and solved contacting with THE COMPANY through the phone 91 579 46 00, or in the mail address: firstname.lastname@example.org
Likewise, it is warned that, at times, particular conditions can be stablished for the use of the contents and services of this website, and the usage of that particular contents and services implies the agreement of the particular conditions specified for them.
Through the website, THE COMPANY offers the possibility of:
Obtain information about the company’s activity and the services provided by it, as well as consult for guidance.
Request information and manage vehicle reservations.
Be informed about news of interest through the website.
Request information about the management and administration of vehicle floats, the exploitation of carsharing and vehicle floats.
Information about the vehicles for sale.
Contact THE COMPANY to hold consultations or make suggestions through a web contact formulary.
(Hereinafter the “SERVICES”)
3. Privacy and Data Treatment
In the cases in which the user freely chooses to contact a linked website through this website, it will be at his own risk, not assuming THE COMPANY the responisibilies resulting from the interaction between the User and the linked website.
4. Industrial and Intelectual Property.
The user recognises and accepts that every content shown in the website and in particular designs, texts, images, logos, icons, buttons, software, commercial names, brands, or every susceptible sign of industrial and/or commercial use, are subjects of the Intelectual Property and all the brands, commercial names and distinguishing marks, all the industrial and intelectual property rights about the contents and/or other elements inserted in the page, are exclusive property of THE COMPANY and/or third parties, that have the exclusive right to use them in the economic circulation. Throughout, the User commits not to reproduce, copy, distribute, make available or every other way of communicating publicly
Under no circumstances does the access to the website imply any kind of resign, transmission, license or paracial nor total transfer of such rights, unless it is establiched otherwise. The current General Conditions of use of the website do not confer the User any other right of utilisation, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its contents different from the here exposed. Any other use or exploitation of any other rights will be previously established for a specific approval given by THE COMPANY or the third titular of the affected rights.
The contents, texts, photografies, designs, logos, images, computer programs, source code and, generally, any intelectual creation existing in this site, as well as the own site, as an artistic multimedia work, are protected as Copyright by the legislation in terms of Intelectual Property. THE COMPANY owns the integrative elements of the graphic design of this website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and every other content of the Website or, in any event, it has the corresponding authorization to the use of the named elements. The content provided in the website must not be partially or completely reproduced, transmitted, registered by any information recuperation system, in any way or in any media, unless it has the previous authorization written of the named entity.
Likewise, it is forbidden to remove, avoid and or manipulate the “copyright”, as well as the technic protection devices or every other information mechanism the contents can contain. The User of this website commits to respect the enunciated rights and avoid every acting that could harm them, having THE COMPANY the ownerhsip of the resources and legal actions in defence of its legitimate intelectual and industrial property rights.
5. Website User Obligations and Responsibilities
The User commits to:
a) Make a proper a lawful use of the Website, as well as from its contents and services, in accordance to: (i) the applicable law in each moment; (ii) the General Condition of Use of the website; (iii) the moral standards and good practice generally accepted and (iv) the public order.
b) Be provided of all the media and technical requirements needed to access the website.
c) Provide truthful information when completing with personal data the website forms and mantain them updated in every moment, so they fit the situation of the real User. The User will be the one and only responsible person for any false or inaccurate statements and for the damages caused to THE COMPANY and third suppliers with the information given.
The User must not:
a) Make a fraudulent and non authorized use of the website and/or its contents with illicit purposes forbidden in the General Conditions of Use, wrongful for the rights and interests of third parties, or that, in some way, can harm, disable, overcharge, deteriorate or block the normal usage of the services and documents, files and every kind of content stored in any computer equipment.
b) Access or try to access restrictive resources and areas of the website, without fulfilling the needed conditions for the access.
c) Cause damages in the physic or logic systems of the website, providers or thid parties.
d) Introduce or spread any computer virus in the network or introduce and spread any physic or logic system that could harm the physic or logic systems of THE COMPAMY, its providers or third parties.
e) Try to access, use and/or manipulate the data of THE COMPANY, third parties, providers or other users.
f) Reproduce, copy, distribute or allow the access to the public through any public communication mode, transform or modify the contents unless it is authorized by the owner of the corresponding rights or it is legally allowed.
g) Delete, hide or manipulate notes about intelectual or industrial property rights and other identifying data about THE COMPANY and third parties’ contents included in the rights, as well as technic devices protection or any other information mechanisms that can be included in the contents.
h) Obtain or try to obtain contents using different resources and procedures as the ones made available or explicitly indicated in the website containing this contents or the generally used in Internet for not implying a high damage and disablement risk of the website and/or its contents.
Particularly, not exhaustively and merely intended by way of example, the User is commited to not transmit, spread or make available for others informationts, data, contents, messages, graphics,drawings, sound and/or image files, photographies, recordings, software and, generally every kind of material that:
(i) In some way, it is opposite, underestimates or attempts on the fundamental rights and the public freedoms, constitutionally recognized in the International treatys and the current legislation.
(ii) Enters, incites or promotes criminal, defamatory, denigrating or violent offences or offences generally against the law, moral, the good practices and the public order.
(iii) Enters, incites or promotes discriminatory actuations, attitudes or thoughts refered to sex, race, religion, beliefs, age or condition.
(iv) Incorporates, makes available or allows the access to products, elements, messages and/or criminal, violent, offensive, harmful, degrading services, or generally gainst the law, moral, the good practices and the public order.
(v) Enters or can induce to an unacceptable anxiety or fear state.
(vi) Enters or can induce to dangerous, risky or harmful practices for the health and mental balance.
(vii) It is protected by the legislation related to the intelectual or industrial property of THE COMPANY or third parties without its use been authorized.
(viii) Be opposite to the honour, personal and familiar privacy or the own image of the persons.
(ix) Constitutes any kind of non authorized advertising.
(x) Includes any typo of virus or program that obstructs the normal functioning of the website.
If a passwort is given to the user to access part of the services and/or contents of the website, it is mandatory to use it in a diligent way, keeping it private. In short, the consumer is responsible for being an adequate custodian and keeping confidential any identification passwords, commiting to not cede it to third parties temporarily or permanently, or allowing the access to external persons. Furthermore, it is mandatoy to notify THE COMPANY any fact that can imply an improper use of the password, such as but not limited, its stealing, misdirection or unauthorized access, in order to procceed to its inmediate cancelation. Consequentally, until the appointed notification is not done, THE COMPANY will not assume responsibilities resulted from the misuse of the password, being the user’s responsibility any illicit use of the contents and/or services of the website by illicit third parties.
If any obligation established in the current General Conditions of Use is negligently or maliciously breached, the user will respong for the damages caused to THE COMPANY for that actions.
THE COMPANY does not guarantee the continued access, visualization, download or utility of the elements and informations contained in the linked pages of this website that can be disabled, hampered or interrupted by factors and cirucumstances out of its control. THE COMPANY is not responsible for the choices made as consequences of the access to the contents and informations offered through the linked sites.
THE COMPANY can interrupt the service or inmediately solve the relation with the User if it spots a use of its website and the services offered in its web that infringes the General Conditions of Use. THE COMPANY is not responsible for damages, losses, reclamations or costs resulting from the use of the website. It will only be responsible for removing, as soon as possible, contents thar can generate damages, when it is notified. Specially, it will not be responsible of the damages caused by:
(i) Interference, interruptions, errors, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system caused by deficiencies, overloading and errors in telecommunications lines and networks, or any other cause beyond the control of THE COMPANY.
(ii) illegitimate intromissions caused by malign programs of any type and through any communication method, such as computer viruses or any others.
(iii) Improper or inappropriate abuse of the Website.
(iv) Security or navigation errors caused by improper functioning of the browser or by the use of outdated versions of it. THE COMPANY reserves the right to withhold all or part of any content or information on the website.
THE COMPANY excludes all liability for damages of any kind that may result from the misuse of unrestricted services of the Users . Also, THE COMPANY is exonerated from any responsibility for contents and information that may be received as a result of unauthorized or incorrect use of such services, the user may be claimed by the company for the damages caused.
The User will defend, indemnify and hold THE COMPANY harmless against any damages arising from claims, actions or third party claims resulting from its access or use of the Website. In addition, the User agrees to indemnify THE COMPANY against any damages arising from its use of “robots,” “spiders,” “crawlers” or similar tools used to gather or extract data, or any other action on their part that imposes an unreasonable burden on the operation of the Website.
The User agrees not to reproduce in any way, not even through a hyperlink, the THE COMPANY’s website, as well as none of its contents, unless expressly authorized in writing by THE COMPANY.
The Website includes links to other websites operated by third parties, in accordance with this, THE COMPANY is not responsible for the contents of such websites, nor is in a position of guarantor and/or offering party of the services and/or information that is offered through such websites. Any claim related to the services provided by the linked websites, must be directed to the holders of such websites.
It is given to the User a limited, irrevocable, nonexclusive right to create links to the website’s home page exclusively for private and not commercial use. Websites that include links to our Website (i) can not imply that THE COMPANY recommends that website or its services or products; (ii) can not misrepresent its relationship withTHE COMPANY nor state that THE COMPANY has authorized the link, nor include trademarks, trade names, logos or other distinctive signs of THE COMPANY; (iii) may not contain contents that could be distasteful, obscene, offensive, controversial, incite violence or discrimination based on sex, race or religion, illicit or against public order; (iv) may not link to any page of the website homepage; (V) must link to the home address of the Website, without allowing the website containing the link reproduce the Website as part of its website or within one of its “frames” or create a “browser” on any of Website pages. THE COMPANY may ask, at any time, to remove any link to the Website, which will immediately proceed to its elimination. The company can not control the information, content, products or services provided by other websites that have established links to the Website.
Consequently, THE COMPANY assumes no responsibility for any aspect of such websites.
8. Data Protection
THE COMPANY reserves the right to use the “cookie” technology on the Website with the purpose of recognizing the User as frequent users and customize how it uses the Website by pre-selecting its language or more desired or specific content. The “cookies” used by the Website or third parties acting on their behalf, are only associated with an anonymous user and its computer, and does not provide personal data of the user.
Cookies are files sent to a browser by a Web server to log the User’s navigation on the Website when the user enables its receipt. At the same time you can delete the “cookies”, for which you should consult the instructions for your browser.
Thanks to the cookies, it is possible for the company to recognize the computer browser used by the user in order to provide content and offer navigating and advertising preferences, and demographic profiles of users, and to measure visits and traffic parameters, monitor progress and number of entries.
10. Duration and Termination
The service provision of this website and the other services are in principle open-ended. However, the company may terminate or suspend any of the services provided through the Website. When this is possible, THE COMPANY will announce the termination or suspension of the given service.
11. Force Majeure
THE COMPANY will not be responsible of any failure to provide the service if it is due to prolonged power outages, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or unforeseeable circumstances.
12. Dispute Resolution. Applicable Law and Jurisdiction
In the event that any provision of these General Conditions of Use are unenforceable or invalid under applicable law or pursuant of a judicial or administrative decision, such unenforceability or invalidity will not make these General Conditions of Use unenforceable or invalid as a whole. In such cases, THE COMPANY shall amend or replace such provision with one that is valid and enforceable and that, as far as possible, gets the goal and intention reflected in the original provision.