GENERAL CONDITIONS OF USE AND LIABILITY



GENERAL CONDITIONS OF USE AND LIABILITY 1) LEGAL NOTICE With this notice, Verónica González Pérez, the proprietor of the registered trademark TRAYMA, TRADUCCIONES Y MARCAS (hereinafter TRAYMA), with Tax ID number B-54297593 and with registered office at Calle Alfonso de Rojas no. 8, Entresuelo 11, 03004 Alicante, Spain, the owner of the website www.trayma.com, hereby regulates the use of the Internet website service www.trayma.com, which is made available to Internet users. Using the website and reading the following general conditions implies the user’s full express acceptance thereof. The user assumes full liability for the breach of all or any of the provisions contained in the general and particular clauses that follow and any legal and/or judicial proceedings that arise as a consequence of said breach. The user must therefore read each and every one of the provisions contained herein, as well as any subsequent amendments that are made to the general conditions of use and any specific and particular conditions that are added, which will be applicable to the user and may be consulted by accessing the website. TRAYMA, for its part, undertakes to inform users, by means of notifications or in the news section, of all amendments, changes or new clauses that are included in the "conditions of use and liability" section. Consequently, TRAYMA reserves the right to amend these general conditions of use in order to adapt them to the applicable legislation that is in force at any given time, new case law and normal market practices. These general conditions of use do not exclude the possibility that, due to their specific nature, some of the website’s services may also be subject to particular conditions of use, which in any case may be consulted by the user before they are activated. 2) SERVICES AND ACTIVITIES Through its website www.trayma.com, TRAYMA offers the following contents, services, features and activities that are typical of a translation company: "Sworn, legal, financial, technical and general translation services and simultaneous, liaison and consecutive interpreting". These activities includes sworn translations (of contracts, notarial deeds, administrative documents, reports, procedures and rulings, legislative texts, etc.), legal and financial translations, technical translations and translations in general, in addition to translation and transcription services that are adapted to meet the needs of the companies or public bodies that request them. According to the development and evolution of the company and its sector, TRAYMA may add new services, activities or contents to its website in order to improve the features and quality of the service provided. However, TRAYMA also expressly reserves the right to cancel, change, replace or restrict contents, services or activities without notice to its users. 3) CONDITIONS OF ACCESS AND USE OF THE WEBSITE. THE USER’S ACCEPTANCE AND LIABILITY 1. Status, nature and concept of user: User is defined as any individual or legal entity that accesses the website www.trayma.com to view, browse, investigate, search or consult its content or to locate, acquire or purchase any service that is of interest to him/her. Expressly agreed registration as a registered user of the website or communication of the user’s details will not be necessary prior to accessing the website for consultation, search or browsing purposes. However, the use of certain services may be subject to prior registration. It will only be necessary to register and provide personal details at the moment when the user wishes to contact the company regarding an enquiry relating to the services offer by TRAYMA on its website. In this case, formal registration as a user will be required and the user will be provided with a code and password, which may be used for future enquiries or actions. To do this, it will be necessary and essential for the user to freely, expressly and voluntarily submit, provide and authorise his/her personal details for processing purposes. TRAYMA assumes liability for the use that is made of them in accordance with the regulations established in the Personal Data Protection Law and ensures that it has taken all the necessary technical and organisational measures to protect the confidentiality and integrity of the information, as established in Organic Law 15/1999, of 13 December, on Personal Data Protection and Regulation 994/1999, of 14 June, which complements it. For further information, it is recommended that the user should consult and read TRAYMA’s Privacy Policy section carefully. 2. Free access to the services: In general, access to the website is free of charge. However, the purchase of any service displayed and offered on the website will be subject to payment of the corresponding value of the item and any relevant commissions, in the manner and terms established in the particular conditions of the service. 3. Use of the website: The User acknowledges and agrees that the use of the contents and/or services offered by the Website will be entirely at his/her own risk and/or liability. The User undertakes to use the website and services in accordance with the law, abiding by the general conditions, the particular conditions of certain services and other notices, regulations of use and instructions provided, in a moral way according to generally-accepted rules of good conduct and public order. He/she also undertakes to make appropriate use of the services and/or contents of the website and not to use them for unlawful activities or criminal purposes that go against the rights of third parties and/or infringe intellectual property regulations or any other rules of the applicable legal system. The user undertakes not to introduce or spread viruses or harmful systems on the website that could cause damage to the computer systems of TRAYMA, its suppliers, external third parties or third party users, and not to insert hyperlinks allowing access to the pages of the website and services without due consent. The user undertakes not to perform any action to the detriment of TRAYMA’s credit or that of third parties. 4. Accuracy of the information: The information provided by the user must at all times be truthful and the user will be answerable for all statements, data, contents, information and details that are false, vague and inaccurate. When personal details are submitted during the completion of questionnaires for user registration, this information must be accurate and consistent. The user undertakes to inform the company of any future change or modification to his/her personal details, adapting them accordingly to the real situation. Inaccuracy of the information exempts TRAYMA from any liability resulting from lack of information about the user with regard to services and activities, provided that TRAYMA has acted with due diligence in its communications. In any case, the user will be the only party liable for any false or inaccurate statements that are made and for any damages caused to TRAYMA or others as a result of the information provided. 5. Acceptance by the user: By the mere fact of using the website and reading the general and particular conditions, the user undertakes to unreservedly accept all the conditions, assuming his/her liability for any inappropriate, irresponsible, negligent, wrongful or fraudulent use of the website and its contents, and assuming the consequences and liability for any legal or judicial action taken as a result of his/her actions. 4) LIABILITY FOR THE OPERATION AND CONTENT OF THE WEBSITE 1. Correct operation and continued availability: TRAYMA takes no liability for failures in the operation of the website or for interruptions, delays, slowness, losses or disconnections in communications and the transmission of messages. TRAYMA does not guarantee or assume liability for a continuous, constant and uninterrupted running and operability of the website. 2. Liability for damage to the user: TRAYMA assumes no liability for damage of any nature, whether indirect or secondary, caused to the user as a consequence of the presence of viruses or other elements in the contents and services provided by third parties that might cause alterations to the user’s computer system. Likewise, it takes no liability for damage caused to the user as a result of failures and errors in access, connections, transmissions or unjustified interruptions of the service resulting from intrusions, computer viruses, mass mailings or when said causes are due to situations external to the website, such as defects in the user’s computer, deficiencies in the user’s connection, internal viruses in the user’s computer, slowness and communications problems that the user has with telephone companies, or when due to reasons of force majeure. 3. Liability for the contents: TRAYMA offers no guarantee of the quality, accuracy or reliability of the data, programs, information or opinions that appear on the website, whatever their origin. The user assumes entire liability for any consequences, damage or actions deriving from access to said contents. 4. Third party liability: Likewise, TRAYMA assumes no liability as a consequence of actions carried out by third parties external to the system that break the security measures and perform acts against the users, such as sending computer viruses, mass mailings, spam or commercial emails, interrupting the service and accessing messages. TRAYMA promises and assures that it has taken all the necessary technical, organisational and legal measures to guarantee the security of its communications, in terms of both secure connections and personal data protection. What TRAYMA cannot assure or guarantee, and is thus exempt from any liability, is the complete invulnerability of its security system or the inviolability of its communications. TRAYMA will be exonerated from liability as long as it can prove that it was unaware of these computer viruses or third party actions, or was aware of them and acted with due diligence to remove data, prevent access, delete viruses from its computer files or had reported the situation to the competent authorities. Likewise, TRAYMA will not be liable for damage caused by cases of force majeure that are fortuitous or not attributable to the company. Neither is it liable for the inadequate operation of the website due to causes beyond its control, including but not limited to malfunction of the telephone lines, an incorrect configuration of the user’s computer or insufficient capacity of the user’s computer system to support the content and extent of the information displayed on the website. However, TRAYMA undertakes to act with the utmost diligence to solve and rectify technical problems or help the user to solve them. 5) INTELLECTUAL PROPERTY The contents, items and information that can be accessed by the user through the Website are subject to and protected by Intellectual Property regulations, including marks, trade names, captions, graphic elements, logos, patents and copyrights, which belong exclusively to TRAYMA and are protected by Spanish, European and international legislation on Intellectual Property. The user undertakes not to delete, change, plagiarise or alter any distinctive sign, mark, trade name, caption, graphic element or logo. The user accepts that access to the website and its contents does not grant him/her any right over its ownership, or to alter, change, exploit, unduly appropriate or market it, or to carry out any act of denigration, confusion, utilisation of its reputation, or any other act of unfair competition that infringes TRAYMA’s intellectual property rights. As regards all contents, designs, drawings and illustrations on the website, they belong exclusively to TRAYMA and are protected by the applicable Spanish and international legislation. The user acknowledges that TRAYMA’s intellectual property rights are protected by the established Intellectual Property regulations. The user acknowledges that none of the rights established herein are granted to him/her and undertakes not to exploit, reproduce, publicly disclose, distribute or reverse compile them. The user will be liable for any action that goes against these rights and will be the only person answerable to third parties and liable for all legal or judicial actions brought against him/her for this breach. The user therefore undertakes to use this information only for his/her own requirements to carry out consultations or obtain assistance, and not to carry out any direct or indirect commercial exploitation of the services, products or content, or any other action that affects the owner(s) of the intellectual property rights. The user also undertakes not to encourage or incite third parties or competitors of TRAYMA to carry out actions prohibited by law or acts of unfair competition that constitute an obstacle to the company’s positioning, leading to confusion or association, discrediting the image, mark or trade name, criticising or comparing it in order to hinder TRAYMA’s commercial implementation, development and successful advancement. Likewise, its distinctive signs may not be used to carry out unauthorised commercial activity or sales to the benefit of the user or others. The user shall abstain from carrying out actions that go against morality, public order or good conduct, and actions that threaten the dignity, honour, image and intimacy of the person concerned or their family, or that are unlawful, immoral and contrary to good conduct. The user will be entirely liable for actions that are prohibited by or contrary to the law, agreeing that TRAYMA is exempt from liability in the event of any extrajudicial or court action taken as a result of his/her actions. The user undertakes to comply with the above and to ensure that all those authorised by the user to make use of his/her restricted access to the website do likewise. 6) CONFIDENTIALITY AND DATA PROTECTION TRAYMA informs you that certain uses of the website involve the user submitting personal details, thereby authorising the company to process said details and to include them in TRAYMA’s personal data files. TRAYMA assures that it fulfils and applies all the necessary organisational, technical and legal security measures established by the provisions of Organic Law 15/1999 of 13 December, on Personal Data Protection and Regulation 994/1999, of 14 June, which complements it. TRAYMA undertakes to install other additional technical, organisational and legal resources in the future to adapt to new technological advances to ensure security and prevent technological infractions. However, the user must be aware that Internet security measures are not impregnable. For further information, the user must see the website’s Privacy Policy and the particular conditions where it is specified that the user’s personal details must be provided. 7) CHANGES, SUSPENSION OF THE SERVICE 1. Changes: TRAYMA reserves the right to make changes to the website that it deems appropriate at any time, organising, deleting or adding contents, data and services. Said changes will be carried out unilaterally and without notice. As regards the general and particular conditions, TRAYMA reserves the right to change them, amend them and/or draft new clauses according to any new activities that it takes on or to adapt to new regulations and legislation that are passed. Said changes will only be binding once they have come into effect and they will be applicable for the user from the moment that he/she accesses the website. 2. Suspension of the service: TRAYMA reserves the right to unilaterally suspend the service without notice, or to temporarily or permanently deny access to the website to all users who breach these general or particular conditions or who carry out acts that are illegal, illicit, unlawful or that go against public order and good conduct. 8) DURATION, TERMINATION AND DISCONTINUATION The provision of website’s services and its operation are intended to be indefinite. However, TRAYMA may temporarily suspend the service or permanently terminate it at any time. Nevertheless, TRAYMA undertakes to notify users of any temporary or permanent suspension or interruption. In the event of the unilateral discontinuation of the service or compulsory closure of the website, TRAYMA will inform users of the reasons for said discontinuation and the justification behind its decision. In such cases, TRAYMA undertakes to keep the information that is stored on its server for a period of ten calendar days, after which it will delete it without being answerable to anyone for this action. 11) NOTIFICATIONS AND PROCEDURES TRAYMA may communicate with clients by writing to the user’s postal address, by e-mail, by telephone or by any other public means of communication, provided that the information in question has been brought to TRAYMA’s attention in the proper manner. Having used the aforementioned data and means, all notifications thus made between TRAYMA and the user will be considered valid. For this purpose, the user confirms that all the data provided are right, accurate, correct and truthful, undertaking to inform TRAYMA of all future changes, updates and modifications regarding his/her notification details. All notifications and communications between the user and TRAYMA will be considered effective, to all intents and purposes, when addressed to TRAYMA in any of the following ways: 1. By sending them to the following postal address: Calle Alfonso de Rojas no. 8, Entresuelo, 11, 03004 in Alicante, Spain 2. By calling the following telephone number: +34 965916929 3. By sending them to the following e-mail address: trayma@trayma.com 12) LEGISLATION AND JURISDICTION All aspects of issues relating to the Website are governed by the Spanish Law and are subject to the jurisdiction of the competent Courts and Tribunals of Spain. The parties expressly renounce their own jurisdiction and accept that the Spanish legislation governs this agreement in the event of disagreement regarding the interpretation or performance of these clauses, and they agree to submit to the Courts and Tribunals of Alicante for the settlement of all disputes deriving from it. By clicking the "ACCEPT" button the user agrees to the conditions established above. ACCEPT