General Terms and Conditions of the Website Use Policy
Terms and conditions specified below shall govern the access and use of the website www.bscargo.com.es (hereinafter, the site or the website), operated by and used for the provision of informational services by the company B y S CARGA GENERAL, S.L. (hereinafter B&S CARGO), with Tax ID number B76348093 and registered address at AVDA. DE LOS CAMBULLONEROS, S/N. Edificio La Luz Market. 35008 Las Palmas de G.C.,
The term “the site or the website” includes but it is not limited to: data, text, graphics, images, animations, musical compositions, videos, sounds, drawings, photographs and other such items included therein, and in general, all compositions expressed by virtue of any medium, tangible or intangible, regardless of being subject to intellectual property regulations in accordance with the Consolidated Intellectual Property Act.
Access to the site implies that a visiting user acquires certain rights and obligations for the purposes of ensuring adequate enjoyment of services and content contained therein, which are provided by B&S CARGO to the users at no charge.
A visiting user acknowledges that the access and use of services and content provided on the website is made under his or her sole and exclusive responsibility.
User’s status is acquired by virtue of accessing the website. A user shall use the provided services and content exclusively for private purposes and/or due to the legal relationship with B&S CARGO, excluding any type of subsequent use with profit-seeking purposes or reporting any gain, directly or indirectly.
B&S CARGO hereby informs the users about the following general terms and conditions of use, which are expressly and fully accepted by the users by virtue of accessing the website and/or viewing the content or using the services made available on the website. If these general terms and conditions are fully or partially substituted, it shall be understood that new general terms and conditions are equally accepted in accordance with the aforementioned manner. Nevertheless, a website’s user should periodically review these general terms and conditions of use in order to become familiar with subsequent versions thereof that may be made available, although it is recommended that a user views them each time he/she intents to access or use the services and the contents of this website.
If a user does not accept these general conditions or the specific conditions that govern the use of specific services and/or content provided to the users of the website and determined by such entity, the user must refrain from entering this website.
A user must establish adequate security measures of technical nature in order to prevent any undesirable actions concerning his or her computer system, files and equipment used for accessing the Internet and in particular, this website, while being aware that the Internet may not be completely safe.
By accessing the website, a user will be able to enjoy various content and services provided by B&S CARGO or, as the case may be, by third-party providers on the conditions specified in this regard.
In general, services and content offered through the website will be made available in the Spanish language, notwithstanding an option – offered at B&S CARGO‘s discretion – to offer them in other languages spoken in the European Union.
B&S CARGO may unilaterally and without any advance notice, modify the provision, configuration, content and services provided on the website, as well as terms and conditions of use and access to the provided services, notwithstanding the stipulations of specific conditions that will apply to the use of certain services and/or content.
Expenses related to access via telephone lines and other types of expenses related website connection shall be entirely assumed by the user.
Confidentiality in the automated processing of user’s personal data
B&S CARGO guarantees the confidentiality of personal data provided by users and data processing in accordance with the effective legislation on personal data protection: Organic Law 15/1999 of December 13, the Personal Data Protection Act (hereinafter, LOPD) and Royal Decree 1720/2007 of December 21 which approved the implementation Regulations of LOPD (hereinafter, RDLOPD). Personal data gathered through the website shall be added to one or several processes or files under the responsibility of B&S CARGO. For these purposes, prior to disclosure of personal data B&S CARGO shall provide the users with the information on content processing in accordance with Article 5 of LOPD, notwithstanding user’s possibility to access the Privacy and Personal Data Protection Policy. The aforementioned information shall allow the user to grant his or her informed, specific and unequivocal consent so that B&S CARGO could proceed with processing of his or her personal data.
User’s rights and obligations
The user may:
- Access, free of charge and without a need for any prior consent, the content and services available on the website, notwithstanding technical or specific conditions or a requirement for a prior registration in regard to specific services and content as determined in these general conditions or in the specific conditions for these services.
- Use the available services and content for strictly private purposes, notwithstanding the stipulations contained in the specific conditions that will apply to the use of certain services and/or content provided for B&S CARGO‘s clients.
- The user may download one sole copy of the website for the purposes of “off-line” viewing for private and non-lucrative purposes.
- Engage in correct and lawful use of the website, in accordance with the effective legislation, moral standards, good business practices and public order.
Under no circumstances may the user:
- Access or use of the services and content available on the website for the purposes of carrying out unlawful acts or acts that are contrary to the effective legislation, moral standards, good business practices and public order, or carried out with the purposes that harm the rights and freedom of third parties, or that may damage, hurt in any other manner the access to such, in detriment to B&S CARGO or third parties.
- Use the services, entirely or partially, for the purposes of promoting, selling, contracting, disclosing of advertisement or personal or third-party information without a prior written consent provided by B&S CARGO.
- Insert the information onto the website or employ the existing services with the aim of attacking – directly or indirectly – the rights, and especially fundamental rights and public freedom of other website users or B&S CARGO; which engage or promote undertaking of offensive, xenophobic, terroristic or degrading acts on the grounds of age, sex, religion or beliefs; of pornographic, obscene, violent nature which go against the law, moral standards or good business practices. For these purposes, information will be understood as inclusive of but limited to the following: text, graphics, images, videos, sounds, drawings, photographs, data, notes and other.
- Include hyperlinks to this website on private or business web pages, which are not only and exclusively limited to the homepage access.
- Use services and content offered through the website in the manner that is contrary to the general terms and conditions of use and/or specific terms and conditions of use that govern the use of certain services and/or content, in detriment or prejudice to the rights of other users.
- Undertake any actions that may impede or obstruct the access to the website to other users, as well as the hyperlinks to services and content offered by B&S CARGOor third parties through this website.
- Employ any type of computer virus, code, software, computer program, computer or telecommunications equipment that may produce damages or unauthorized changes to the content, programs or systems available through the services or content provided on the website, or to the computer systems, files and computer equipment of its users; or the unauthorized access to any content and/or services provided on the website.
- Eliminate or modify in any way the protection or identification devices that may be placed by B&S CARGO or any of its legitimate owners on the website, or the symbols which B&S CARGO or its third-party legitimate rights owners may incorporate onto their products for the purposes of protecting the existing intellectual or industrial property rights of this website.
- Include, on the website under his or her control or ownership, the “metatags” corresponding to brand names, trade names or distinctive signs owned by B&S CARGO.
- Entirely or partially reproduce the website www.bscargo.com.es as another website; introduce framing to the website www.bscargo.com.es or other websites accessible from the latter which covers or modifies – items that include but are not limited to – content, advertisement space and trademarks pertaining toB&S CARGO or any third parties, regardless whether such may be understood as acts of unfair competition or consusion.
- Create frames on the website under his or her control or ownership that resemble the home page and/or pages accessible through the home page that pertain to this website without obtaining a prior authorization from B&S CARGO.
- Include, on the website under his or her control or ownership,a hyperlink that generates a window or a session opened by user’s web browser that includes trademarks, business names or distinctive signs, which lead to the homepage of the website www.bscargo.com.es or any of the pages accessible through the latter.
- Use the trademark, business names, as well as any other identification signs that are subject to industrial or intellectual property rights without a prior authorization that is expressly provided in writing by the owner.
- Carry out any actions that involve reproduction, distribution, copying, renting, public communication,transformation of any other similar actions that lead to modifications or changes, entire or partial, of the content or services provided on the website,or the financial operations thereof, without a prior written authorization provided by B&S CARGO or any third-party owner of intellectual or industrial property rights that apply to the services or content of the website, unless stipulated otherwise in general terms and conditions of use, or as the case may be, specific terms and conditions that govern the use of existing services and/or content of the website.
Rights and obligations of B&S CARGO
B&S CARGO reserves the following rights:
- Modify website access terms and conditions, that may be technical or otherwise, in a unilateral manner and without issuing a prior notification to the users, notwithstanding the stipulations of specific conditions that govern the use of certain services and/or content aimed for the users of this website.
- Set forth specific terms and conditions and, as the case may be, establish the price and other requirements for the access to selected services and/or content.
- Limit, exclude or establish conditions for user access if they do not meet all guarantees of correct website usage, in accordance with agreed-upon obligations and prohibitions.
- Finalize the provision of services or content, without any right to reimbursement, when such are determined to be illegal or against the terms and conditions established for them, notwithstanding the stipulations contained in specific terms and conditions that govern the use of a certain services and/or content made available to the users of this website.
- Modify, eliminate or update, entirely or partially, the content or services offered through the website, without issuing a prior notification to the users, notwithstanding the stipulations of specific conditions that govern the use of certain services and/or content made available for the users of this website.
- Undertake any legal or judicial actions that may be deemed convenient for the protection of B&S CARGO‘s rights as well as the rights of third parties that provide the services or content through the website, as long as it seems appropriate.
- Require any compensation that may correspond to it due to improper or illegal use of all or some services and content provided through the website.
B&S CARGO may employ cookies when a user browses through the sites and pages of this website. Such cookies shall be used by B&S CARGO on the conditions and for the purposes described in the Privacy and Personal Data Protection Policy .
Scope and limitations of B&S CARGO’s responsibility
B&S CARGO shall not be held liable for damages of any nature in the following cases:
- In case of impossibility or difficulties with connection to a communication network used for accessing this website, regardless of the connection type employed by the user.
- In case of interruption, suspension or cancellation of access to this website, as well as availability and continuous functioning of this website or services and/or content, due to reasons beyond B&S CARGO‘s control, which may be directly or indirectly related to it.
- B&S CARGO shall not assume any responsibility for the services and content, availability and conditions, technical or otherwise, and access to such, which are offered by third-party service providers, especially in regard to providers of informational services. Providers of informational services shall be understood as natural persons or legal entities that provide the following services to the general public: (i) transmission of data provided by the recipient of service through a communications network (ii) access services to the aforementioned network (iii) data storage or hosting services (iv) provisions of content or information (v) services of temporary copying of data requested by the users (vi) provision of links to content or search tools.
- B&S CARGO shall not assume, at any time, any responsibility for damages that may be caused by information, content, products or services, which include but are not limited to those provided, communicated, stored, transmitted, exhibited and offered by third parties other than B&S CARGO – including the providers of informational services – through a website that me be accessed through an existing link on this website.
- Processing and subsequent use of personal data carried out by third parties other than B&S CARGO, as well as for the pertinence of information requested by them.
- Quality and speed of website access and technical conditions that must be met by the users in order to access the website and the provided services and/or content.
- B&S CARGO shall not be responsible to delays or failures that may occur in relation to access and/or functioning of the services and/or content of this website due to the Force Majeure circumstances. “Force Majeure” shall be understood as any circumstances that couldn’t be foreseen or, even if foreseen that could not have been avoided, thus leading to the breach of any obligations. Such circumstances shall include but not be limited to strikes of company’s employees or other employees, civil unrest or revolts, as well as regulations imposed by any civil or military authority, natural disasters such as earthquake, flood, strikes of lightening or fires, wars, blockades or any other force majoure situation.
- Website’s user shall be personally liable for damages of any nature directly or indirectly caused to B&S CARGO due to a breach of any obligations arising from these general terms and conditions and other regulations applicable to the use of this website.
Intellectual and industrial property
The user acknowledges that the content and services offered through the website, including but not limited to texts, graphics, images, animation, musical compositions, videos, sounds, drawings, photos, all comments, exhibits and html code shall be protected by the laws on intellectual and industrial property. Copyright and rights of economic operations of this website shall correspond to B&S CARGO and or third-party entities.
Trademarks, business names or distinctive signs that appear on the website are property of B&S CARGO or, as the case may be, third-party entities, and they are protected by the effective legislation applicable to industrial property.
Provision of services and publishing of content at the website shall not imply, under any circumstances, termination, waiver or transfer, entire or partial, of the ownership of the corresponding industrial and intellectual property rights by B&S CARGO and/or third-party legitimate owners.
Under no circumstances may the user use the existing website services and content for the purposes other than strictly private use, except for clearly defined exceptions stipulated in the general terms and conditions of website use or specific conditions set forth by B&S CARGO for the purposes of managing the use of certain services and/or content offered through the website.
No part of this website may be reproduced, distributed, transmitted, copied, publicly communicated, transformed, entirety or partially, by any system or manual method, digital or mechanical (including copying, recording and any information recovery and storage systems) by means of any device that is known or may be invented in the future, without B&S CARGO‘s consent for its use, in any mode, of entire or partial contents of the website, subject to the requirement of requesting the consent of B&S CARGO and/or legitimate third-party owners, as the case may be, the acceptance of the corresponding license, except in case of rights recognized and granted to the user by these general conditions or the provisions of specific conditions that B&S CARGO has established for the purposes of use of certain services and/or content offered through the website.
If breaching actions and omissions or negligence is directly or indirectly attributable to the website user who violates intellectual or industrial property rights of B&S CARGOor third parties – regardless of whether he or she has received any profit – thus causing B&S CARGO to incur any damages, losses, joint and several liabilities, expenses of any nature, penalties, corrective measures, fines and other amounts arising from or derived from any claims, actions, lawsuits or proceedings of civil, criminal or administrative nature, B&S CARGO shall have a right to employ any legal measures available to it and to seek remedy from the user by claiming any amount of settlement, including but not limited to moral damages and damages to the image, incurred damages and lost profits, advertisement and expenses incurred while remedying such damages, amounts of penalties or condemnatory rulings, past due interest, costs of financing all amounts that may imposed on B&S CARGO, legal expenses and attorney’s fees in any proceeding to which B&S CARGO may be a respondent due to the aforementioned reasons, for damages incurred due to such acts and omissions, notwithstanding any other rights that may correspond to it by law.
The use of hyperlinks to the website www.bscargo.com.es shall only be authorized by B&S CARGO by virtue of a written authorization issued by B&S CARGO,as long as a hyperlink is made pursuant to the stipulations set forth in these terms and conditions:
- The link must only allow access to the website’s home page.
- For the purposes of avoiding any confusion, website users are prohibited from loading any pages pertaining to the website www.bscargo.com.es in one of the sections of another web page divided into frames, in such as way as to provoke a distortion in the presentation of this website, thus inducing the confusion of Internet users (“framing”).
- An authorization for inserting a link does not suppose, under any circumstances, a consent for reproducing visual and functional aspects (“look and feel”) of this website.
- Likewise, it is expressly prohibited to create an environment or a navigation bar in relation to the pages of this website without obtaining a prior authorization.
- Link formatting: a hyperlink may only contain text symbols. Before using graphics or logos, a license must be obtained for the use of B&S CARGO‘s graphics or logos. In any case, the text must strictly express the link to the website www.bscargo.com.es . In general, the appearance, visual effects, location and other general properties of the hyperlink must indicate that it will lead to the website of B&S CARGO and that the latter is independent and thus it is not bound by any collaboration, association, sponsorship, employment or any other relationship with the web page that contains this link.
- Any webpage that contains a hyperlink to B&S CARGO‘s webpage must strictly adhere to the General Terms and Conditions of Use for the websitewww.bscargo.com.es , have legitimate hyperlinks and meet any other applicable legal dispositions and generally accepted requirements of moral standards and good business practices.
- Authorization for inserting hyperlinks to this website will be especially contingent in regard to human dignity and freedom. The website hosting a hyperlink shall not contain illegal information or content, placed in conflict of moral standards, good business practices and the public order, and it will not have any content that violates any third-party rights.
- Lastly, it shall be prohibited to insert hyperlinks to the website www.bscargo.com.es into the web pages, which content, alignment and orientation is contrary or incompatible with the values displayed at B&S CARGO‘s website
Protection of personal data
When the users have to provide B&S CARGO with certain personal data prior to using some services of the website, B&S CARGO shall process the data for such purposes, as well as under the conditions defined in its Privacy and Personal Data Protection Policy for such purposes.
In general, access, content and services offered through the website shall be of unlimited duration. Nevertheless, B&S CARGO shall be authorized to terminate or suspend the access, services and/or content of the website at any time, notwithstanding the stipulations contained in this regard in the General Terms and Conditions of Use or, as the case may be, Specific Terms and Conditions that govern the use of the specific services and/or content made available to website users.
These general terms and conditions contain all terms and conditions agreed-upon by the parties in regard to the object thereof. All other verbal, written or implicit statements, commitments or promises made prior to these terms and conditions in regard to the object thereof shall be deemed invalid.
The fact that B&S CARGO does not request at any particular moment the compliance with any of stipulations set forth in these general terms and conditions or, as the case may be, in specific terms and conditions that govern the use of a certain services and/or content provided to website users may not be interpreted by a user as a waiver of requiring such compliance at a later moment.
If any clause of these general terms and conditions or, as the case may be, specific terms and conditions that govern the use of certain services and/or content becomes voidable or void, entirely or partially, it will not affect the validity of other clauses of these terms and conditions, which shall remain fully effective and valid, except when the party that alleges that such clause is voidable or void is able to prove that the purpose of these Terms and Conditions may not be met unless the clause is pronounced voidable or void.
These general terms and conditions shall be governed by the laws of Spain.
The parties expressly waive any jurisdiction that may correspond to them and agree to submit to the Courts of Madrid for the settlement of any legal disputes that may arise.