1. PURPOSE AND ACCEPTANCE
This disclaimer governs access to, browsing and use of the website www.portagentspain.com (hereinafter called the Website), owned by E. ERHARDT Y CÍA. S.A. (hereinafter called the Website Owner).
On browsing this Website you are considered as a User of same. This implies full, unreserved acceptance of all the provisions of this disclaimer, which may be modified or replaced by the owner at any time without prior notice. If you, the User, disagree with this disclaimer as a whole or in part, you should refrain from using the Website.
You, the User, undertake to use this Website correctly, in compliance with the law, public order, good faith and all the provisions of this disclaimer. You, the User, are answerable to the Website Owner and to third parties for any damage that may be cuased by your failure to comply with this obligation.
The Website Owner reserves the right to modify the presentation, configuration and content of the Website and the conditions for access to/use of same. Any access to or use of the content of the Website after the entry into force of the modifications is considered as acceptance of same.
Under Article 10 of Act 34/2002 of 11 July on Services for the Information Society and Electronic Commerce (LSSI), you are informed as follows:
E. ERHARDT Y CÍA. S.A. is a company whose registered address is C/ Ercilla, 19 5ª (48009 BILBAO). Its tax ID nº is C.I.F. A48003628 and it is duly entered in the mercantile register VIZCAYA at volume 4504, folio 130, sheet BI3817; Inscription 153.
Communications with the Website Owner are considered effective when they are sent to the postal address indicated or to the following e-mail address email@example.com
3. ACCESS & REGISTRATION
Access to and browsing on the Website are free of charge and registration is not required. However, the Website Owner may require registration for a customer area or the completion of a form before some of the services offered can be used.
All information provided by the User via the forms on the Website must be true and should be kept up to date. Responsibility for any consequences, errors or faults caused by falsehoods in data lies with the User.
The User undertakes to safeguard and make proper use of the user name and password required to access certain services on the Website. The Website Owner accepts no liability for any harm to Users or third parties that arises as a result of other persons using the password of a User with or without the knowledge and/or consent of the User. The Website Owner undertakes to maintain due secrecy in regard to the passwords registered by Users, and not to disclose them to any third party except in compliance with a compulsory disclosure order from judicial or administrative authorities.
4. INTELLECTUAL & INDUSTRIAL PROPERTY RIGHTS
The Website Owner is also the owner of or the holder of the relevant licences to the intellectual and industrial property rights pertaining to the use of the Website and the intellectual and industrial property rights to the information, materials and contents thereon. In no case may access to, browsing on or use of the Website by the User be deemed to entail any renunciation, transfer, licensing or assigning of all or any part of those rights by the Website Owner.
The User holds only the right of strictly private use of the contents and/or services of the Website. The Website Owner is not liable for the way in which each User uses the materials made available via the Website or for any action based thereon.
All references to brands, trade names and other distinguishing marks owned by the Website Owner or by third parties entail an implicit prohibition on their use without the consent of the Website Owner or their lawful owners.
All intellectual and industrial property rights pertaining to the contents and/or services of the Website are reserved, and it is specifically prohibited to change, copy, reproduce, communicate publicly, convert or distribute any part of the contents of the Website via any medium and in any form for public or commercial purposes without the express prior consent in writing of the Website Owner or of the owner of the relevant rights, as the case may be.
5. LINKS TO OTHER WEBSITES
The Website Owner informs you, the User, that if the Website contains links to other websites via buttons, banners or embedded content, such content is managed directly by third parties. The Website Owner has neither the personnel nor the technical resources to obtain prior knowledge, control and/or approve all the information, contents, products and services featured by other websites to which links may be posted on this Website.
The Website Owner therefore declines all liability for any issues concerning other websites to which links may be posted on the Website. Responsibility for reading and agreeing to the terms and conditions of use and privacy policies published on websites and applications to which links are posted lies with you, the User.
6. CONDITIONS OF USE OF THE WEBSITE
The Website must not be accessed or used for unlawful or unauthorised purposes, for financial ends or otherwise. Liability for the consequences of such actions lies exclusively with you, the User. Actions specifically prohibited include, but are not limited to, the following:
- Using the Website to introduce, store or spread programs, data, viruses, codes or any other electronic or physical device liable to cause harm to it in any service or on any item of equipment, system or network of the Website Owner, of any other User and of third parties in general.
- Registering on the Website under a false name or by supplanting the identity of a third party.
- Obtaining unauthorised access to any section of the Website, any server of the Website Owner and to the services offered via the Website by means of piracy, falsification, password theft or any other unlawful method.
- Taking any action that results in a disproportionate or unnecessary overloading of the Website infrastructure or the systems or networks of the Website Owner.
- Failure to abide by these requirements may be grounds for the Website Owner to take such measures as may be available in law against you, the User.
7. LIABILITIES & WARRANTIES
The contents of this Website are general in nature and are provided for purely informational purposes. The Website Owner cannot fully guarantee access to all contents, or the reliability, usefulness or truthfulness of every item of information and/or all the services on the Website. Nor can it be guaranteed that the documentation made available to Users of the Website is current or up-to-date.
The Website Owner therefore provides no assurances and accepts no reliability in regard to: (i) the continuity of the Website contents; (ii) the absence of errors in those contents; (iii) the absence of viruses and/or other harmful components on the Website or on the server that hosts it; (iv) that the Website is in vulnerable to attack and/or to breaches of its security measures; (v) the usefulness or performance of the contents of the Website; and (vi) any damage or harm caused to themselves or to others by persons who infringe the terms and conditions, rules and instructions of the Website or breach the security systems of the Website.
However, the Website Owner declares that it has taken all necessary measures within its possibilities and given the state-of-the-art to ensure that the Website will work and minimise system errors from a technical aspect and in terms of the contents published on the Website.
In any event, the Website Owner reserves the right to suspend, modify, restrict or interrupt access to the Website temporarily or indefinitely, with or without prior notice. Users may not claim any compensation in this regard.
9. LEGISLATION AND JURISDICTION APPLICABLE.
The clauses of this disclaimer are governed by Spanish legislation. The parties hereto expressly submit to the courts and tribunals of BILBAO for the settling of any dispute, waiving any other jurisdictional rights that they may be entitled to claim.