1. Legal Information and Object
The present dispositions regulate the use of the internet portal service which GOMAVIAL SOLUTIONS, S.L. (hereafter known as “GOMAVIAL”) provides internet users with.
2. Identifying information
GOMAVIAL SOLUTIONS, S.L. is a legal entity with business headquarters registered at Portuetxe 23-B Edf. CEMEI Ofic. 301 20018 - Donostia - GIPUZKOA, inscribed in the Business Register of Gipuzkoa in tome 2477, sheet 206, leaf SS-32757, inscription 1st. The contact email address of the company is administración@gomavial.com.
Access to the present portal is free except for the cost of the connection via the telecommunications network provided by the supplier contracted by users. However, it is possible that certain services shall be exclusively for our clients and access to these services shall be restricted.
Use of the Portal attributes the status of Portal User (hereafter referred to as ‘User’) and implies the acceptance of all of the conditions stipulated in this Legal Notice. Use of the Portal service is of a duration limited to the time in which the User is connected to the Portal or to any of the services provided through the same. The User should therefore read the present Legal Notice each time they access the Portal, since the Portal and its conditions of use, which are outlined in this present Legal Notice, may be subject to change.
In all cases, GOMAVIAL reserves the right to modify, at any time and without prior notice, the presentation and configuration of the GOMAVIAL site, as well as the present General Conditions or the relevant Particular Conditions.
GOMAVIAL reserves the right to interrupt access to its “web” site, in addition to the provision of any or all of the Contents provided through the same, at any time and without prior warning, whether this is due to technical reasons, security, control, maintenance, failures in the electrical supply or any other reason.
As a consequence of this, GOMAVIAL does not guarantee the reliability, availability or the continuity of its “web” site, nor of the site’s Contents, which means that the use of these same contents by the User is made on his or her own account and risk, without being able to claim responsibilities from GOMAVIAL in this sense at any time.>/p>
4. Intellectual and industrial copyright
All of the contents of the Portal, understanding these by way of clarification but not limitation as texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio content, as well as the graphic design and source code (all hereafter referred to as ‘Contents’), are the intellectual property of GOMAVIAL or of third parties, and the User will not have any recognised right to exploit these due to existing regulations governing industrial copyright, apart from those that are strictly necessary for the use of the Portal.
Trademarks, commercial names and distinctive symbols are the copyright of GOMAVIAL or of third parties, and access to the Portal does not attribute any rights over the aforementioned trademarks, commercial names and distinctive symbols.
In these General Conditions no right to intellectual or industrial copyright over the present Portal nor any of its integral parts is extended, with Users being expressly prohibited from reproducing, transforming, distributing, communicating publicly, making available, extracting, reusing, resending or use in any way, in any means and through any procedure, of any of these, except for in such cases in which it is legally permissible or authorised by the owner of the relevant rights.
5. Conditions of use of the portal Access to the Portal does not imply any obligation on the part of GOMAVIAL to check the veracity and/or accuracy of information contained within it, nor to ensure that this information is up to date.
The User is aware of and accepts expressly and voluntarily that use of the GOMAVIAL Portal is in all circumstances made under the User's unique and exclusive responsibility.
The User is obliged to use the Portal in an appropriate manner in accordance with the Law and with the present Legal Notice. The User will respond towards GOMAVIAL or towards third parties to any damages that may be caused as a consequence of non-compliance with this obligation.
It is expressly prohibited to use the Portal with intentions harmful to the interests or property of GOMAVIAL or of third parties or which in any other way overload, damage or disable the networks, servers and other IT equipment (hardware) or IT applications or products (software) belonging to GOMAVIAL or third parties.
The Contents of the GOMAVIAL Site are made available to the User by GOMAVIAL using information originating from both its own sources and those of third parties.
The User agrees to use the Contents in accordance with the Law and the present Legal Notice, in addition to all other conditions, rules and instructions which may be applicable in their case.
GOMAVIAL adopts reasonable security measures to detect the existence of any type of IT threat. However, the User should be aware that the security measures of IT systems on the Internet are not universally reliable and that GOMAVIAL cannot therefore guarantee the absence of viruses and other elements that may cause alterations to the IT systems (software and hardware) of the User, to the User's electronic documents and to files contained within the same.
By way of clarification but not limitation, the User, in accordance with current legislation, must abstain from:
Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents except for in those instances which are legally authorised or expressly consented to GOMAVIAL or the holder of the ownership of the rights to exploitation where appropriate.
Reproducing or copying for private use Contents that may be considered as Software or Databases in accordance with existing legislation in terms of intellectual copyright, in addition to their public communication or provision to third parties when these actions necessarily imply reproduction by the User or by a third party. Extracting and/or reusing all or a substantial part of the Contents making up the Portal, in addition to any databases that GOMAVIAL may make available to Users.
5.3 Introduction of links to the Portal
The User and, in general, any physical or legal person that aims to establish a hyperlink or a linking tool (for example, links or buttons) from his or her website to the GOMAVIAL Portal (the “Hyperlink”) must obtain prior written authorisation from GOMAVIAL in addition to complying with the conditions that will be described below. Ignorance of these same conditions does not constitute a release from responsibilities deriving from the Law:
The link may only link to the home page or start page of the Portal and may not reproduce this page in any way (inline links, copies of texts, graphics, etc.).
• In all cases, in accordance with applicable legislation in force at any time it will be prohibited to establish frameworks of any kind which surround the Portal or enable the viewing of Contents through internet addresses which are different from those of the Portal and, in any case, when these Contents are viewed alongside contents separate from the Portal in such a way that: (I) produces, or could produce, errors, confusion or deception among users of the true provenance of the services or Contents; (II) constitutes an act of disloyal comparison or imitation; (III) takes advantage of the brand reputation and the prestige of GOMAVIAL; or (IV) takes any other form which is prohibited by current legislation.
• No type of false, inexact or incorrect manifestation may be made from the page introducing the link against GOMAVIAL, its partners, employees or clients or against the quality of services offered.
• Under no circumstances shall it be stated that the page on which the link is located that GOMAVIAL has consented to the creation of the link or that it sponsors, collaborates with, approves or supervises the services of the creator of the link.
• It is prohibited to use any word mark, graphic mark or mixed mark or any other distinctive sign of GOMAVIAL within the page of the creator of the link except in those cases which are admissible by law or expressly authorised by GOMAVIAL and in these cases only if the direct link to the Portal is permitted under the form established in this clause.
• The page on which the link is created must comply faithfully with the law and may not under any circumstances display or link to its own content or that of third parties when this is: (I) illicit, harmful or contrary to public morality and the rules of correct behaviour (pornographic, violent, racist, etc.): (II) creates or may create in the User the false belief that GOMAVIAL subscribes to, backs, adheres to or in any other way supports the ideas, manifestations or expressions, licit or illicit, of the creator of the link; (III) is inappropriate or not in keeping with the activity of GOMAVIAL in respect to the place, content and theme of the web page of the sender. The creation of the Hyperlink does in any way imply the existence of relations between GOMAVIAL and the owner of the site or the web page in which the Hyperlink has been created, nor the acceptance of approval by GOMAVIAL of its contents or services.
In any case, GOMAVIAL reserves the right to prohibit or disable at any time any hyperlink to the GOMAVIAL portal, especially on the assumption of the illicit nature of the activity or contents of the website in which the hyperlink is included.
6. Exclusion of responsibility
Access to the Portal does not imply any obligation on the part of GOMAVIAL to check the veracity and/or accuracy of the content contained within the same, nor that this information is up to date.
GOMAVIAL shall not be held responsible for decisions taken based on information provided on the Portal nor for damages occasioned in the User or third parties as a result of actions which are founded uniquely on the information obtained in the Portal.
GOMAVIAL shall not be held responsible for harm occasioned to the IT equipment of Users or third parties during the provision of the Portal service.
7. Protection of personal data
Visiting the present Portal alone does not mean that any data of a personal nature which identify a User will be registered by GOMAVIAL.
However, in order to access certain Contents or Services, GOMAVIAL may require certain personal data. GOMAVIAL will provide the User with the necessary information so that the latter may give consent in advance for the processing of his/her personal data and the incorporation of these same data into the corresponding files owned by GOMAVIAL
Data gathered through the data collection forms of the Portal shall be incorporated into an automated file of personal data for which GOMAVIAL is responsible. This organisation will process the data confidentially with the sole purpose of managing relations with clients and promoting GOMAVIAL's activities. Furthermore, GOMAVIAL will cancel, erase and/or block data when these are inexact, incomplete or have ceased to be necessary or relevant for GOMAVIAL's purposes, in accordance with what is set out in data protection legislation.
The User may revoke the consent given and exercise their rights of access, rectification, cancellation and opposition, contacting for this purpose the address indicated in clause 2.
GOMAVIAL shall adopt the levels of security required by the Regulation of Security Measures approved by Royal Degree 1720/2009 of 21 December, through which the Regulation of the Development of Organic Law 15/1999 of 13 December of Protection of Personal Data is approved. Despite the above, technical security in a medium such as the Internet is not watertight and leaks due to the harmful actions of third parties may occur.
The User has the option of configuring their browser to prevent the creation of cookie files or to warn them when this happens. The Portal is accessible without requiring the options regarding cookie files to be activated. However, this may prevent the correct operation of security mechanisms for exclusive services or certain services requiring a higher level of security. As a general rule, the aim of the cookie files of the Portal is to facilitate the User's browsing.
>br> 8. Legislationbr The present Legal Notice is governed by Spanish law.