1.- LEGAL NOTICE
These provisions regulated the use of the Internet website (hereinafter, the ‘Website') services that OVERSEAS TRANSLATIONS, S.L.U. (hereinafter, OVERSEAS TRANSLATIONS) makes available to Internet users.
OVERSEAS TRANSLATIONS, with a registered address at Pl. Antoni Gaudí, 10, Local, 08390 in Montgat (Barcelona) and assigned business tax identity number B 65880858 is registered with the Trade Register of Barcelona in Volume 43383, Folio 153, Page B-427543, Entry 1, and has the phone number: 93 165 35 35.
Access to the website is free of cost except as concerns the cost of connection through a telecommunications network supplied by the access provider contracted by the users. The translations services provided by the company in general are subject to the prices indicated on the corresponding commercial offers and under no circumstance are offered or provided through the Website service.
Using the website and reading the general terms outlined indicate that the user fully and expressly accepts them and, therefore, their full liability for any total or partial breach of the provisions of the general and special clauses outlined and any legal and/or court actions that may derive as a result of such violation.
2.- INDUSTRIAL AND INTELLECTUAL PROPERTY
All of the Website content, understood as including but not limited to the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content as well as the graphic design and source codes (hereinafter, the ‘Content’) are the intellectual property of OVERSEAS TRANSLATIONS or third parties. None of the exploitation rights recognized by current laws on intellectual property to them may be understood as assigned to the User except when strictly necessary to use the Website.
The trademarks, tradenames and distinctive signs are owned by OVERSEAS TRANSLATIONS or third parties and access to the Website shall not be understood as attributing any type of right to said trademarks, tradenames and/or distinctive signs.
3.- SERVICES AND ACTIVITIES
Through its website (www.ovstranslations.com), OVERSEAS TRANSLATIONS offers the following content, services, features and activities: “translation, multilingual documentation and any other advertising action”
Always depending on the development and evolution of the company and the sector, OVERSEAS TRANSLATIONS may expand its website to new services, activities or content in order to improve the features and quality of the service provided. On the other hand, OVERSEAS TRANSLATIONS hereby reserves the right also to cancel, modify, replace or restrict the content, services or activities expressly and without prior notification to users.
4.- CONDITIONS OF ACCESS AND USE OF THE WEBSITE. USER AGREEMENT AND LIABILITY
a.- Condition of user: User shall mean any private individual or legal entity that accesses the website to contemplate, view, enquire into, search or consult the content or to locate or acquire any information of interest to them.
Neither prior, express and approved registration as a registered user of the website nor the communication of any data is necessary to access the website for consultation, searching or viewing.
b.- Use of the website: The User hereby acknowledges and agrees that the use of the content, information on the personal data included on it and/or services offered by the Website will be at their exclusive risk and/or liability.
The User hereby undertakes to use the website and the services in accordance with the law, general terms, special terms for certain services and other notifications received.
Likewise, they undertake not to use the services and content to engage in activities that are illicit or considered crimes, which breach third-party rights and/or violate the applicable rules of legal order.
The user hereby undertakes not to introduce or spread viruses or damaging systems via the website that could cause damages to the IT systems owned by OVERSEAS TRANSLATIONS, unaffiliated third parties or third-party users as well as not to insert hyperlinks that allow access to the website pages and services without due consent.
The user hereby undertakes and binds itself not to engage in any action that harms the reputation of OVERSEAS TRANSLATIONS or third parties.
c.- Acceptance by the user: Simply using the website and reading the general terms and, as applicable, the special terms, the user agrees without reservations to all of the conditions and accepts their liability as a result of inadequate, negligent, reckless or malicious use of the website and its content in addition to accepting the consequences and liability for any legal or court action that is filed as a result of their actions.
d.- Data collection forms. Without prejudice to the provisions of clause 7 of this Legal Notice or the privacy policies that are accessible from the Website and that could be applicable at any given time, the use of certain services or requests sent to OVERSEAS TRANSLATIONS are conditioned on prior completion of the corresponding User registration.
All information provided by the User via the Website forms for the foregoing purposes or any others must be accurate. For this purpose, the User hereby guarantees the authenticity of all data communicated and will keep the information provided to OVERSEAS TRANSLATIONS perfectly updated so that it accurately reflects the User’s real situation at all times. In any case, the User will be solely liable for any false or inaccurate statements made and for any damages caused to OVERSEAS TRANSLATIONS or third parties due to the information provided.
e.- Establishing links to the Website. Any Internet user who wishes to establish links from its own web pages to the Website must comply with the conditions outlined below. The lack of knowledge thereof does not prevent the liability determined by Law:
The link may only connect to the Website homepage and may not reproduce it in any way (inline links, copies of the texts, graphics, etc.).
In any case and pursuant to the applicable laws in effect at any given time, establishing frames of any type of the Website or that allow visualization of the Content via Internet addresses that are different from the Website address and, in any case, when viewed together with content not associated with the Website in a manner that: leads to or may lead to errors, confusion or deceit among users as to the real origin of the service or Content, involve an act of unfair comparison or imitation, are used to take advantage of the brand reputation and prestige of OVERSEAS TRANSLATIONS or in any other way is prohibited by current law is fully prohibited.
No website which creates a link shall make any type of false, inaccurate or incorrect statement concerning OVERSEAS TRANSLATIONS, its shareholders, employees, clients or the quality of the services it provides.
Under no circumstance may the website where the link is inserted state that OVERSEAS TRANSLATIONS has consented to the insertion of the link or in any other way that it sponsors, collaborates with, verifies or supervises the services of the party that inserted the link.
The use of any tradename, whether graphic or mixed, or any other type of OVERSEAS TRANSLATIONS distinctive sign on the website where the link is inserted is prohibited except as permitted by law or when expressly authorized by OVERSEAS TRANSLATIONS and, in such cases, only when there is a direct link to the Website in the manner established in this clause.
The website that establishes the link must faithfully comply with the law and may not under any circumstance contain or link to its own or third-party content that: are illicit, harmful or contrary to morality and good customs; lead or may lead the User to falsely believe that OVERSEAS TRANSLATIONS endorses, backs, adheres to or in any way supports the legal or illegal ideas, statements or expressions manifested by the inserter; that are inappropriate or not pertinent to the OVERSEAS TRANSLATIONS business as concerns the location, content and theme of the inserting website.
5.- LIABILITY FOR THE WEBSITE FUNCTIONING AND CONTENT
a.- Functioning and service availability: OVERSEAS TRANSLATIONS will not be liable for faulty website functioning nor for any interruption, delay, slowness, loss of or disconnection in communications and the transmission of messages. OVERSEAS TRANSLATIONS does not guarantee nor is responsible for ensuring continuous, non-stop website functioning and operability.
b.- Liability for user damages: OVERSEAS TRANSLATIONS will not be liable, either indirectly or subsidiarily, for any damages of any nature caused to the user due to access, connection or transmission failures or errors, any service interruption without due cause, intrusions, computer viruses, mass advertising mailings or when said causes are the result of situations not controlled by the website such as defects in the user’s computer, faulty user connection, internal viruses in the user’s computer, slowness or communications issues the user has with telephone service operators, for example, or when due to causes of force majeure.
c.- Liability for the content: OVERSEAS TRANSLATIONS does not guarantee the quality, accuracy, suitability, exhaustiveness or reliability of the data, programs, information or opinions, irrespective of the source, which circulate on the website.
Furthermore, it is not liable for any decisions taken based on the information provided at the Website nor any damages that may be caused to the User or a third party resulting from actions solely based on information obtained from the Website.
d.- Liability for third parties: OVERSEAS TRANSLATIONS also will not be liable for any acts by unrelated third parties to the system which break the security measures to engage in actions against a user such as sending computer viruses, mass advertising or spam, commercial emails, service interruptions or access to messages.
e.- Liability for the content and services linked through the website. Access to the Website includes technical linking mechanisms, directories and even search tools that allow users access to other Internet pages and websites (hereinafter, ‘Linked Sites’). In these cases, OVERSEAS TRANSLATIONS operates as an intermediate service provider pursuant to article 17 of Spanish Law 34/2002, of 12 July, on Information Society and Electronic Commerce Services (LSSI, as it is known by its Spanish acronym) and will only be liable for the content and services provided at Linked Sites to the extent its has actual knowledge of the illegal nature thereof and has not disabled the link with due diligence. If a User believes there is a Linked Site with illegal or inadequate content, it may communicate such circumstance to OVERSEAS TRANSLATIONS. However, under no circumstance will such notification be considered an obligation to remove the corresponding link.
Under no circumstance shall the existence of Linked Sites lead to an assumption that agreements exist with the parties responsible or holders thereof nor any recommendation, promotion or identification by OVERSEAS TRANSLATIONS relating to the statements, content or services provided.
OVERSEAS TRANSLATIONS is not aware of the content and services available at the Linked Sites and, therefore, is not liable for any damages caused by the illegal nature, quality, outdatedness, non-availability, error or uselessness of the content and/or services at the Linked Sites or any other damages not directly attributable to OVERSEAS TRANSLATIONS
6.- DATA PROTECTION
“Pursuant to the provisions of current Personal Data Protection regulations, we hereby inform you that your data will be included in the data processing system controlled by OVERSEAS TRANSLATIONS SLU, assigned tax identification no. B65880858 and with a registered address of PL ANTONI GAUDI LOCAL 10 08390, MONTGAT (BARCELONA), in order to respond to your queries and send you related information that may be of your interest. In accordance with current regulations, OVERSEAS TRANSLATIONS SLU hereby informs you that your data will be saved for the period strictly necessary to perform the foregoing tasks.
If you do not notify us otherwise, it will be our understanding that your data have not changed, that you undertake to notify us of any variation and that we have your consent to use them for the purposes mentioned.
OVERSEAS TRANSLATIONS SLU hereby informs you that it will process the data in a manner that is lawful, legal, transparent, adequate, pertinent, limited, exact and updated. Therefore, OVERSEAS TRANSLATIONS SLU undertakes to adopt all reasonable measures so they are erased or rectified without delay when inaccurate.
In virtue of the rights granted to you under current personal data protection regulations, you may exercise your rights of access, rectification, restriction of processing, erasure, portability and objection to the processing of your personal data as well as the consent granted to process them by sending your request to the mailing address indicated above or via email to OFFICE@OVSTRANSLATIONS.COM.
Moreover, you are hereby informed that you may contact the OVERSEAS TRANSLATIONS SLU Data Protection Officer by writing an email to email@example.com or calling 902877192.
You may contact the competent Supervisory Authority to file a complaint when deemed appropriate.
The fields indicated with asterisks on data collection forms are mandatory meaning if the User does not provide the corresponding data, OVERSEAS TRANSLATIONS may deny the corresponding service at is sole discretion.
The User may revoke the consent granted and exercise their rights of access, rectification, cancellation and opposition by writing to the address indicated in clause 1.
OVERSEAS TRANSLATIONS adopts the security levels required by the Security Measures Regulation approved by means of Spanish Royal Decree 994/1999 of 6 June. Notwithstanding the foregoing, the technical security of a medium such as the Internet is not completely stable and filtrations may occur due to intentional third-party actions.
7.- MODIFICATIONS, SUSPENSION AND TERMINATION OF THE SERVICE
a.- Modifications: OVERSEAS TRANSLATIONS reserves the right at any time to make any modifications it deems appropriate to the website by organizing, deleting or adding content. Said modifications will be carried out unilaterally and without prior notice. In relation to the general and special terms, OVERSEAS TRANSLATIONS reserves the right to modify them, alter them and/or draft new clauses based on new activities or to adapt to new regulations or laws that may arise. These modifications will only be mandatory as of their entry into force and will be applicable for the user upon access to the website.
b.- Suspension of the service: OVERSEAS TRANSLATIONS reserves the right to unilaterally suspend the service without prior notice or to deny access to the website temporarily or indefinitely in the event a user violates these general or special terms or engages in conducts that are illegal, illicit, contrary to the law, public order and good customs.
c.- If the service is unilaterally terminated or in the event of a forced deletion of the website, OVERSEAS TRANSLATIONS will first report the causes for termination as well as the reasons why it made such decision. In these cases, OVERSEAS TRANSLATIONS hereby undertakes to save any information stored on its server for a period of ten calendar days. After said period, it will delete them without any liability whatsoever.
8- NOTIFICATIONS AND PROCEDURES
OVERSEAS TRANSLATIONS may send the client communications by regular mail to the user’s address, email, telephone or any other public means of dissemination whenever this information is made available to OVERSEAS TRANSLATIONS in due form.
To this end, all notifications sent by OVERSEAS TRANSLATIONS to the user shall be considered validly made if the aforementioned data and means are used.
All notifications and communications to OVERSEAS TRANSLATIONS by the user will be considered effective for all purposes when sent to OVERSEAS TRANSLATIONS in any of the following ways:
Regular mail to the following address: Pl. Antoni Gaudí, 10, Local, 08390 Montgat (Barcelona)
An email to the following address: firstname.lastname@example.org
9.- COMMUNICATION OF ILLEGAL AND INAPPROPRIATE ACTIVITIES
If a User or any other Internet user gains knowledge that Linked Sites are to pages with illegal, harmful, denigrating, violent or immoral content or services, please contact OVERSEAS TRANSLATIONS and indicate the following:
The personal data of the person reporting the incident: name, address, phone number and email address;
A description of the facts that reveal the illegal or inappropriate nature of the Linked Site;
In cases where rights such as intellectual or industrial property rights are violated, the personal data of the person holding the right violated when said person is different from the person reporting the incident. Moreover, a certificate must be provided proving the legitimacy of the rights holder and, as applicable, any representation powers to act on behalf of the holder when different from the person reporting the incident.
An express statement that the information contained in the claim is exact.
Pursuant to the provisions of LSSI, receipt by OVERSEAS TRANSLATIONS of the notification provided for in this clause will not imply actual knowledge of the activities and/or content indicated by the person reporting the incident.
10.- APPLICABLE LAW AND JURISDICTION
All matters related to the Website are fully governed by Spanish law and subject to the jurisdiction of the competent Spanish Courts and Tribunals.