1. Legal information and acceptance
These provisions regulate the use of the Internet portal service (hereinafter, the ‘Portal’) that DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS makes available to Internet users.
DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS is a trademark belonging to FERNANDO GARCÍA MÉNDEZ, with DNI nº74867605Y, and address at Calle La Maroma nº3 3ºB de Vélez Málaga, Málaga, Telephone: 951003640 and Email: consulta@garciamendezabogados.com.
Access to the website is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by users. Certain services are exclusive to our clients and access to them is restricted. The legal or tax services provided by the Firm in general have the price indicated in the corresponding proposal of professional services and in no case are they offered or provided through the Portal service.
The use of the Portal confers the condition of Portal user (hereinafter, the ‘User’) and implies acceptance of all the conditions included in this Legal Notice. The provision of the Portal service is limited to the time at which the User is connected to the Portal or to any of the services provided through it. Therefore, the User must read this Legal Notice carefully each time he/she intends to use the Portal, as the Portal and its conditions of use set out in this Legal Notice may undergo modifications.
Some Portal services accessible to Internet users or exclusively for DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS clients may be subject to specific conditions, regulations and instructions which, where applicable, replace, complete and/or modify this Legal Notice and which must be accepted by the User before the corresponding service is provided.
2. Intellectual and industrial property
All the contents of the Portal, including but not limited to texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes (hereinafter, the ‘Contents’), are the intellectual property of DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS or third parties, and none of the exploitation rights recognised by current intellectual property legislation on the same may be understood to have been transferred to the User, except those that are strictly necessary for the use of the Portal.
The trademarks, trade names or distinctive signs are owned by DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS or third parties, without it being understood that access to the Portal attributes any right over the aforementioned trademarks, trade names and/or distinctive signs.
3. Conditions of use of the Portal
3.1 General
The User undertakes to make correct use of the Portal in accordance with the Law and this Legal Notice. The User shall be liable to DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS or to third parties for any damages that may be caused as a consequence of non-compliance with said obligation.
It is expressly forbidden to use the Portal for purposes harmful to the property or interests of DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS or third parties or which in any other way overload, damage or render useless the networks, servers and other computer equipment (hardware) or computer products and applications (software) of DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS or third parties.
3.2 Contents
The User undertakes to use the Contents in accordance with the Law and this Legal Notice, as well as with any other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1. By way of example only, the User, in accordance with current legislation, must abstain from:
a) Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Contents except in cases authorised by law or expressly consented to by DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS or by whoever holds the ownership of the exploitation rights, as the case may be.
b) Reproduce or copy for private use the Contents that may be considered as Software or Database in accordance with current legislation on intellectual property, as well as their public communication or making them available to third parties when these acts necessarily imply reproduction by the User or a third party.
c) Extract and/or reuse all or a substantial part of the Content of the Portal, as well as the databases that DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS makes available to Users.
3.3 Data collection forms
Without prejudice to the provisions of clause 5 of this Legal Notice, as well as the privacy policies accessible from the Portal and which may be applicable from time to time, the use of certain services or requests addressed to DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS are subject to the prior completion of the corresponding User registration.
All information provided by the User through the Portal forms for the above purposes or any other must be truthful. For these purposes, the User guarantees the authenticity of all data provided and shall keep the information provided to DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS perfectly updated so that it corresponds, at all times, to the real situation of the User. In any event, the User shall be solely liable for any false or inaccurate statements made and for any damages caused to DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS or third parties as a result of the information provided.
3.4 Introduction of links to the Portal
Internet users who wish to introduce links from their own web pages to the Portal must comply with the conditions detailed below, without ignorance of the same avoiding the responsibilities derived from the Law:
a) The link will only connect to the home page or main page of the Portal but may not reproduce it in any way (inline links, copy of texts, graphics, etc.).
b) It shall be prohibited in all cases, in accordance with the applicable legislation in force at any given time, to establish frames of any kind that surround the Portal or allow the Contents to be viewed through Internet addresses other than those of the Portal and, in any case, when they are displayed together with contents outside the Portal in such a way that: (I) produces, or may produce, error, confusion or deception in users as to the true origin of the service or Contents; (II) involves an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the brand and prestige of DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS; or (IV) in any other way is prohibited by current legislation.
c) No false, inaccurate or incorrect statement shall be made from the page that introduces the link about DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS, its partners, employees, clients or about the quality of the services it provides.
d) Under no circumstances shall it be stated on the page where the link is located that DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS has given its consent to the insertion of the link or that it otherwise sponsors, collaborates with, verifies or supervises the services of the sender.
e) The use of any word, graphic or mixed brand or any other distinctive sign of DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS within the sender’s page is prohibited except in cases permitted by law or expressly authorised by DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS and provided that, in these cases, a direct link to the Portal is permitted in the manner established in this clause.
f) The page that establishes the link must comply faithfully with the law and may not under any circumstances provide or link to its own or third party content that: (I) is unlawful, harmful or contrary to morals and good customs (pornographic, violent, racist, etc.); (II) induces or leads to the creation of a link to the Portal. ); (II) induce or may induce in the User the false conception that DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS subscribes to, endorses, adheres to or in any way supports the ideas, statements or expressions, legal or illegal, of the sender; (III) are inappropriate or not pertinent to the activity of DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS in view of the place, contents and subject matter of the sender’s web page.
4. Exclusion of liability
4.1 Information
Access to the Portal does not imply any obligation on the part of DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS to check the truthfulness, accuracy, adequacy, suitability, completeness and timeliness of the information provided through the same. The contents of this page are of a general nature and do not constitute, in any way, the provision of legal or tax advice of any kind, and therefore such information is insufficient for the User to make personal or business decisions.
DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS shall not be liable for decisions taken on the basis of the information provided on the Portal nor for any damages caused to the User or third parties as a result of actions based solely on the information obtained on the Portal.
4.2 Quality of service
Access to the Portal does not imply any obligation on the part of DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS to control the absence of viruses, worms or any other harmful computer element. It is the responsibility of the User, in any case, to ensure the availability of suitable tools for the detection and disinfection of harmful computer programs.
DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS shall not be liable for any damage caused to the computer equipment of Users or third parties during the provision of the Portal service.
4.3 Availability of the Service
Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation does not correspond to DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS. Consequently, the services provided through the Portal may be suspended, cancelled or become inaccessible, prior to or simultaneously with the provision of the Portal service.
DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS shall not be liable for damages of any kind caused to the User as a result of failures or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the Portal service during or prior to the provision of the same.
4.4 Content and services linked through the Portal
The Portal access service includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, ‘Linked Sites’). In these cases, DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS acts as a provider of intermediary services in accordance with article 17 of Law 34/2002, of 12 July, on Information Society Services and Electronic Commerce (‘LSSI’) and shall only be responsible for the contents and services supplied on the Linked Sites to the extent that it has effective knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, he/she may notify DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS in accordance with the procedure and effects established in clause 6, without this notification in any case entailing the obligation to remove the corresponding link.
Under no circumstances shall the existence of Linked Sites presuppose the existence of agreements with the managers or owners thereof, nor the recommendation, promotion or identification of DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS with the statements, contents or services provided.
DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS has no knowledge of the contents and services of the Linked Sites and therefore accepts no liability for any damage caused by the unlawfulness, quality, out-of-date nature, unavailability, error and uselessness of the contents and/or services of the Linked Sites or for any other damage not directly attributable to DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS.
5. Protection of personal data
For further information on the processing of your personal data on the Portal, please refer to the Privacy Policy.
6. Communication of activities of an illicit and inappropriate nature
In the event that the User or any other Internet user becomes aware that the Linked Sites refer to pages whose content or services are unlawful, harmful, denigrating, violent or contrary to morality, he/she may contact DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS indicating the following:
a) Personal details of the caller: name, address, telephone number and e-mail address;
b) Description of the facts that reveal the illicit or inappropriate nature of the Linked Site;
c) In the event of infringement of rights, such as intellectual and industrial property rights, the personal details of the holder of the infringed right when this is a person other than the communicating party. Likewise, the title accrediting the legitimacy of the holder of the rights and, where appropriate, the representation to act on behalf of the holder when this is a person other than the communicating party, must be provided;
d) Express declaration that the information contained in the claim is accurate.
Receipt by DE GÁLVEZ Y GARCÍA MÉNDEZ ABOGADOS of the communication provided for in this clause shall not imply, in accordance with the provisions of the LSSI, effective knowledge of the activities and/or contents indicated by the communicating party.
Likewise, he/she must provide the title accrediting the legitimacy of the holder of the rights and, if applicable, that of representation to act on behalf of the holder when he/she is a person other than the communicating party.
7. Legislation
This Legal Notice is governed in each and every one of its aspects by Spanish law.