Legal terms

Website Ownership

As stipulated in Article 10 of Spanish Information Society and Electronic Commerce Law 34/2002, of 11^th July (henceforth referred to as the “LSSI”), we hereby inform you that the website https://www.dauss.es (henceforth the “Website” or the “Portal”) is operated by the firm DAUSS Abogados, S.L.P. (previously going by the name “Agora Law, S.L.P.” and henceforth referred to as “DAUSS”), with Tax Code (C.I.F.) B-66.668.658, entered into the Mercantile Registry of Barcelona, in Volume 45147, Folio 165, Sheet B-478312, with registered company address at Rambla de Catalunya, 54 4º 2ª, 08007, Barcelona, and email address barcelona@dauss.es.

For the purposes established in that same Article 10 of the LSSI it is expressly stated that the DAUSS lawyers exercise their profession having been awarded the pertinent Degree in Spain, Germany, Switzerland or Poland, and that, excepting should the contrary be clearly stated, they are all duly registered in the Il·lustre Col·legi de l’Advocacia de Barcelona (Barcelona Bar Association). Our lawyers are subject to the provisions of the applicable regulations, with regard to their exercise of the Law, inter alia, Royal Decree 658/2001, of 22^nd June, approving Spain’s General Statute on the Legal Profession, and the Resolution JUS/1098/2011, of 18^th April, amending the Regulation of Professional Law Firms registered with the Barcelona Bar Association. The applicable regulations can be found at the following link http://www.icab.es/normativa.

Website Terms and Conditions of Use

Access and use of this Website is subject to the following terms and conditions of use. We recommend that you read them fully. Access to and the use of this Website (including the documents and information contained herein) implies that the user (henceforth the “User”) has read and unreservedly accepted the present terms and conditions of use (henceforth the “Term and Conditions of Use”) including all of the instructions and/or recommendations complementary to the present Terms and Conditions of Use.

This Portal contains information and documents that have been prepared by DAUSS for exclusively informative purposes (henceforth the “Material”). The User of the Website must bear in mind that this Material may not reflect the present legislative and/or jurisprudential situation at any given time and may, as a result, be modified, developed or eliminated without prior notice.

The User acknowledges that the Material available on this Portal may in no case be considered as a substitute for legal or any other kind of advice. Access to the Material by the User does not constitute or imply whatsoever relationship between DAUSS and the User, insofar as the latter accepts that he may not, under any circumstances, act on the basis of the Material contained by this Website, insofar as it does not in any way constitute a professional assessment.

Access to the present Website is free, with the exception of those aspects related to such charges as may be levied for connection via the telecommunications grid supplied by the server providing said access, and contracted by the User, for which DAUSS is not in any way responsible.

The User hereby undertakes not to use this Website for fraudulent purposes and not to engage in any activity with regard hereto that might in any way damage the image, interests or rights of DAUSS, or of any third parties, insofar as the User undertakes to use this Website and its Materials in a way that is diligent, correct and licit.

In the case of any failure on the part of the User to comply with the present Legal Terms, or should DAUSS harbour any reasonable suspicion of possible non-compliance herewith, then DAUSS reserves the right to limit, suspend or terminate access to the Website by the said non-complying User, and to adopt whatsoever technical measures may be necessary to ensure that end. Moreover, DAUSS may, at any time, make a decision with regard to the continuity of the services that are provided via this Portal.

Limitation of Liability

The User acknowledges and accepts that use of the Portal will, at all times, be at his/her own risk and liability. Consequently, DAUSS will not accept any liability for whatsoever incorrect or undue use that may be made of the Portal by the User. Moreover, DAUSS will not be liable for whatsoever errors or omissions may be found in the Material available at the Website.

In particular, DAUSS will not be liable for:

The contents of any other sites linked to the Website. For further information regarding this item we refer you to Section 4 of the present Legal Terms, below.
Whatsoever damages, whether direct or indirect, that may be caused to the User’s hardware or software, as a result of viruses, worms, Trojans or any other damaging elements. Whatever the case may be, it corresponds to the User to ensure that he/she disposes of the right tools (antivirus, firewall, etc.) for the detection and elimination of damaging computer programs, given that the User must recognise and be aware that whatsoever use of the Internet represents a risk for the security of his/her software and hardware.
Direct and indirect damages of whatsoever kind that may be caused to the User as a result of any faults or disconnections of the telecommunications grids resulting in the suspension, cancellation or interruption of the Website service. The User will recognise that any such faults have nothing to do with DAUSS and that access to the Portal requires the use of services provided by third parties that are beyond the control of DAUSS and that the reliability, quality and/or operation of such services do not correspond thereto.

Links to Other Sites

With regard to the links contained on the Website, through which the User may access websites belonging to third parties, DAUSS may solely be considered as the provider of intermediation services, in accordance with Article 17 of the LSSI. As a result, DAUSS may only be considered as liable for the contents and services supplied by such links to the extent that, should they have effective knowledge of the illicit nature thereof they have failed to go ahead and deactivate the link with the necessary due diligence. The User may inform DAUSS, by sending an email to barcelona@dauss.es, of the existence of any links containing illicit or inappropriate contents. Nevertheless, any such notification will not necessarily entail the obligatory removal of the corresponding link.

Likewise, DAUSS will not accept whatsoever liability for either the contents of the links or the terms and conditions of use and confidentiality policies of the websites to which such links lead.

The User and, in general, any individual or legal entity that wishes to establish a link from their websites or pages to the DAUSS Portal, will have to obtain prior, written authorisation from DAUSS to do so. In no case may the setting up of such a link imply either the existence of relations between DAUSS and the owner or holder of the website or page on which the link has been established, or any acceptance or approval by DAUSS of the contents and/or services included thereon.

Whatever the case may be, DAUSS reserves the right, at any time, to prohibit or disconnect any links to their Portal, particularly should it be a case of the illicit nature of the activities or contents of the website or page on which such is included.

Industrial and Intellectual Property Rights

The industrial and intellectual property rights with regard to the Material (including, inter alia, texts, graphics, photos, videos), the elements and their disposition on the Website, the graphic design of the Website, the distinctive signs (trademarks and trade names), underlying computer programs (including source codes), are either the exclusive property of DAUSS, or DAUSS holds sufficient rights with regard to the use and exploitation thereof. All of the contents and elements contained on the Web Portal constitute work that is protected under Spain’s current industrial and intellectual property legislation.

Access to, along with use of, the Website by the User may not in any way be understood to as the assignment of any intellectual and/or industrial property rights with regard to the Portal, the Material and/or the distinctive signs of DAUSS. Moreover, with the exception of those cases where such has been legally established, any reproduction, transformation, distribution, public communication, placement at disposal, extraction and/or reuse by the User of the Website, its Material or any of the other the elements and/or the distinctive signs of DAUSS is expressly prohibited.

Generalities

The use of this Website is governed and construed in accordance with Spanish Law. Likewise, with regard to the use of the present Website, the User hereby accepts and agrees that any dispute or litigation that may arise between the User and DAUSS will be resolved by the competent courts and tribunals, in accordance with the applicable legislation.

Should it be the case that any of the provisions contained in the present Legal Terms are declared invalid such will be withdrawn and replaced. However, any such declaration of invalidity will not affect the remaining provisions indicated in the present Legal Terms.