General Terms and Conditions for use of the INVEST IN SPAIN Portal.
1. Object and Legal Information
The general terms and conditions included in this legal notice govern use of all the services and content which ICEX Spain Trade and Investment makes available to users (hereinafter, ICEX) on its Internet portal "www.investinspain.org" hereinafter referred to as "the Portal".
"ICEX Spain Trade and Investment, with NIF (tax ID code) Q2891001F, is a public business entity attached to the Ministry of Economy, Industry and Competitiveness by means of the Secretary of State for Trade created and regulated by Royal Decree-Law 4/2011, of 8 April, and has its registered address at Pº de la Castellana 14-16-18, 28046 Madrid (Spain)."
The simple fact of using the Portal constitutes acceptance on the part of the User of these General Terms and Conditions with no reservations, which may be modified by ICEX at any time. Consequently, the User must carefully read the present General Terms and Conditions each time he/she plans to use the Portal.
The use of certain services offered to Users through the Portal is regulated by specific conditions which in some cases replace, complete and/or modify the present General Terms and Conditions. The User must read and accept these when choosing to use these services.
2. Conditions of access to and use of the Portal
The services offered by ICEX on its Portal are, unless otherwise noted, free in nature. Notwithstanding this fact, some of the services supplied by third parties through the Portal may be subject to payment of a fee, in which case, the conditions which said third parties establish for provision of their services shall apply.
Accessing the services supplied through the Portal does not generally speaking require Users to subscribe or register, notwithstanding the fact that in order to access certain services, the corresponding user registration must be completed.
The User shall guarantee the truthfulness and authenticity of the information submitted as a result of subscribing to those services which require User registration and agrees to keep this information up to date.
The User shall undertake to use the content and services available through the Portal in accordance with the present General Terms and Conditions and the specific conditions which may be established for certain services, as well as in accordance with the stipulations of the law, morality and proper conduct, and the public order.
Users shall undertake to respect the intellectual and industrial property rights of ICEX and/or third parties, and for said purpose shall refrain from reproducing, copying, distributing, making available or any other method of publically communicating, transforming or modifying the content, unless they have obtained the authorization of the holder of the corresponding rights or the same is permitted under the law.
The User may not use the information obtained on the Portal for electronic, advertising, promotional or commercial communication not previously agreed to by the affected parties.
Users who intend to link to this Portal from their website must meet the following conditions:
3. Legal Disclaimer
3.1. For operation of the Portal
ICEX does not guarantee the availability and continued existence of the Portal, its services and its content. For this reason, under no circumstances shall it be liable for damages of any nature which may result from the lack of availability of the Portal or any of its services, or for failures in access to the different web pages on the Portal or those from which certain services are provided.
3.2. For the content and services of the Portal
ICEX does not guarantee the usefulness of the Portal for any activity in particular or the suitability of its content and services for individual purposes. For this reason, the User is solely and exclusively responsible for use of the information, content and services.
The content included in the Portal is provided in good faith by ICEX with information derived from both internal and external sources. In view of this fact and the large amount of information made available to the User through the Portal, ICEX cannot guarantee its full reliability, legality, accuracy and currency, despite making every effort to do so.
Under no circumstances shall ICEX be responsible, either directly or contingently, for any content, information, communication, opinion or statement of any type may be communicated, disseminated, transmitted or displayed through the Portal which comes from outside sources.
The Portal makes available to its Users technical linking devices (such as links, banners, directories, among others) which allow access to web pages or sites belonging to and/or managed by third parties, with regard to which ICEX is neither the owner nor has any type of connection. Consequently, ICEX shall not be responsible for control and monitoring of their content. For this reason, ICEX shall not assume any responsibility for said web pages or sites, either directly or contingently. The User must use extreme caution in evaluating and using the information, content and services made available through these devices.
3.3 For use of the Portal by Users
ICEX cannot control the use which Users make of the Portal, its services and its content, and for this reason shall not be liable for damages of any nature which may result from criminal, incorrect, inappropriate or unsuitable use which Users make of the Portal, its services or its content.
Additionally, ICEX does not guarantee privacy and security for use of the Portal, and in particular it does not guarantee that unauthorized third parties cannot obtain knowledge of the type, conditions, characteristics and circumstances of use which Users make of the Portal. For this reason, it shall not be liable for damages of any nature which may result from such unauthorized access.
4. Intellectual and industrial property
All content, with content being understood to mean, but not be limited to, the texts, photographs, illustrations, charts, software, databases, graphic design, source code, audiovisual and sound content, as well as names, logos and brands accessible on the Portal, are subject to intellectual and industrial property rights which are held by ICEX or third parties.
Access by the User to the content and services of the Portal does not under any circumstances constitute any type of relinquishment, transfer or assignment, in whole or in part, of the aforementioned rights. Nor does it grant any right to use, alter, exploit, reproduce, distribute or communicate publically the content or distinctive signs which are the object of intellectual or industrial property rights, without express authorization specially granted for this purpose in advance by ICEX or the third party that is the holder of the rights.
Users shall only have the right to view and make copies of the content for their sole and personal use. These rights must be exercised in accordance with the principles of good faith and applicable legislation.
5. Data protection
In accordance with the stipulations of Organic Law 15/1999, on Personal Data Protection, ICEX hereby informs Users of its data protection policy so that the same may determine freely and voluntarily whether they wish to provide the personal data which may be required when subscribing to or registering for any of the services offered. Except in those fields where it is indicated otherwise, responses to questions regarding personal data are voluntary.
The personal data collected shall be handled secretly and confidentially and the purpose of gathering this information shall be to manage and provide the services offered by ICEX on the Portal at any time. Users accept that the personal data provided by them may be processed in computerized files owned by ICEX for which it has responsibility. This information shall not be transferred to third parties without the prior consent of Users.
The agreement of Users to allow their information to be processed or transferred shall always be revocable, but not retroactive, in nature. Additionally, in accordance with the aforementioned law, Users may exercise the rights of access, rectification, cancellation, and if appropriate, opposition regarding their personal data. For this purpose, they must send a letter or email to one of the following addresses:
ICEX- INVEST IN SPAIN
Paseo de la Castellana 278
6. Procedure in the event of activities of a criminal nature
In the event that any User or third party should believe that there exist facts or circumstances which reveal the criminal nature of the use of any content and/or the carrying out of any activity on the websites included in or accessible through the Portal, particularly the violation of intellectual or industrial property rights or other rights, he/she must notify ICEX- INVEST IN SPAIN, indicating the following:
Personal details of the claimant: name, address, telephone number and email address;
Details of the alleged criminal activity carried out on the Portal, particularly when this is an alleged violation of rights, precisely and specifically indicating the protected content, as well as the location on the websites;
Facts or circumstances which reveal the criminal nature of this activity;
In the case of the violation of rights, handwritten signature or the equivalent, with the personal details of the holder of the rights allegedly infringed or the person authorized to act for and on behalf of the same;
Express, clear statement, under the responsibility of the claimant, that the information provided in the notification is exact and of the legal nature of the use of the content or carrying out the activities described.
All notifications and communications (hereinafter, the "Notifications") from the User to ICEX shall be considered to take effect, for all purposes, when they are made in one of the following manners:
8. Withdrawal and suspension of services
ICEX may, at any time and without requiring advance notice, withdraw or suspend provision of the services to those Users who fail to comply with the stipulations of the present General Terms and Conditions or the specific conditions of a certain service.
9. Duration and termination
Provision of the Portal service and other services shall in principle be for an indefinite period of time. However, ICEX is authorized to terminate or suspend provision of the Portal service and/or any of the services at any time, notwithstanding that which is stipulated in this regard in the corresponding specific conditions. When it is reasonably possible, ICEX shall give advance notice of the termination or suspension of provision of the Portal service and other Services.
10. Applicable Law and Jurisdiction
These General Terms and Conditions are governed by Spanish law.
For any dispute which may result from the use of the services or interpretation or application of the General Terms and Conditions, ICEX and the User, expressly waiving any jurisdiction which may be applicable, hereby agree to submit to the jurisdiction and authority of the Courts and Tribunals of Madrid.
Last updated: 16|11|2016