Website, contents and use
1. Intellectual property:
Centro Polo, with registered address in C/ Azaleas, 51, 1º Izq., 29660 Nueva Andalucía, Marbella (Malaga) - Spain, is the owner of all intellectual and industrial rights of this website and of all its contents, save for those rights which do not belong to this company and are property of their respective owners, who are acknowledged as such by the website.
For commercial and public purposes, the contents of this website, whether totally or partially, shall not be altered, transferred, distributed, re-used, forwarded or used for commercial or public purposes without written consent from Centro Polo.
All names of manufacturers, products, companies, brands and logos shown on this website are property of their respective owners, regardless of the copyright symbol © or the registered trademark ®.
Windows, Office, Word, Excel and PowerPoint (among others), their names and logos are registered trademarks of Microsoft Corporation. Acrobat Reader, its name and logo, are registered trademarks of Adobe Systems Inc.
2. Terms and conditions on using the service and the contents:
The CLIENT acknowledges that the use of this Service shall be carried out, in any case, under his/her own responsibility.
The purchase of products or services or their free access when offered free of charge from the website provide the CLIENT with a user license which covers the right to electronically view the contents and the right to copy them on media or print them or, in certain specific cases, modify them for the CLIENT’S or his/her employees to only be used internally.
All the contents included in the products and services provided by Centro Polo are subject to industrial and intellectual property rights of Centro Polo and/or third party content suppliers. Access to such contents by the USER shall not imply in any way the waiver, transfer or lease, whether total or partial, of such rights, and does not grant any rights to the commercial exploitation, reproduction, distribution or public communication of the contents other than those listed expressly in these general terms and conditions, without prior express authorization granted specifically for such purposes by Centro Polo.
The CLIENT agrees to refrain from deleting, when possible, the copyright reference on prints and copies of the documents included in Centro Polo's products and services.
The CLIENT will not use any products, services and their contents for purposes which may be illicit, forbidden by the General Terms and Conditions or which may violate rights or interests of third parties or Centro Polo. Unless there is evidence to the contrary, the fraudulent download of files or the use of software designed to download from websites shall be deemed illicit.
The CLIENT will not alter or use the products and services received to sell them, create publications and/or services of any kind and, in particular, those which are similar or may interfere with publications and/or services offered by Centro Polo now or in the future. It is hereby strictly forbidden to add contents from the products and services offered by Centro Polo to websites and public databases, regardless of their media, whether free or paid, without Centro Polo’s express authorization.
CLIENT access to the SERVICE may be cancelled if Centro Polo determines it is being used against the general terms and conditions and, in particular, in the event of fraudulent capture of documents and reuse of information for commercial purposes.
The introduction of products on screen does not entail a sales offer per se in contractual terms. It shall only be deemed as a means to display the products included in the website.
3. Use of information:
Information will be provided for CLIENT use only. Without prior consent from Centro Polo, the CLIENT shall not, under any circumstances:
a. Move, transfer, lease, sublease, sublicense, sell or dispose in any other way the PRODUCT or SERVICE, whether free of charge or not.
b. Alter, modify or change in any way or amount the PRODUCT or SERVICE except when otherwise stated on the website or on the actual PRODUCT or SERVICE.
c. Create websites or material which contain, totally or partially, the PRODUCT or SERVICE comprising the contents of Centro Polo’s website.
The CLIENT will be solely liable for any consequences which may arise from the aforementioned actions and for the safekeeping of the PRODUCT or SERVICE provided, and will therefore take the pertinent safety measures to protect them from unauthorized access or distribution.
4. Alterations and interruption:
Centro Polo reserves the right to modify its products and services, and the processing of the data provided as well as the technical features related to their access and transfer. Likewise, Centro Polo reserves the right to interrupt the service, partially or totally, for technical changes or repairs without prior notice.
5. Jurisdiction:
With regards to any conflicts which may arise from the interpretation of these terms, the parties agree to resource to the Courts of Barcelona city (Spain).
Files and information available on the website
1. We only transmit ideas, concepts and know-how:
Centro Polo spreads ideas, concepts, models, texts and "know-how" in general and exclusively, on a free basis or on a paid basis. To send and transfer these to clients, Centro Polo uses third-party owned software with the appropriate licences. The end user is expected to have the appropriate legitimate licences to use such software and Centro Polo encourages its use. Under no circumstances does Centro Polo sell or market such software or any other element of general use, contained or attached to such software. Likewise, the sales price of its products does not include or may be deemed to include any licences or leases to use such software or elements attached thereto.
2. Legitimacy and source of the data and information:
Centro Polo guarantees the legitimacy of the sources used to create its products and services.
Nevertheless, when the products and services come in many cases from suppliers other than Centro Polo, should you be aware that they have breached your intellectual property rights, please notify this immediately to info@centropolo.com to cancel access to such products and services and adopt the appropriate legal actions. Such notification should contain the following information:
1- Unequivocal statement with signature, physical or digital, showing you are the owner of the property rights or you have been authorized by the holder to act as proxy.
2- The title or evidence of representation of such rights.
3- A detailed description of the work and the rights you deem have been violated.
4- The notice should be sent to info@centropolo.com.
Centro Polo will pursue the breach of the general and specific terms and conditions of the service, as well as any misuse of industrial and intellectual property.
3. Responsibility:
The CLIENT will not claim any responsibility for damages arising from mistakes and/or errors or inaccuracies in the information provided by Centro Polo when Centro Polo has taken care and made all efforts possible to ensure the information provided is accurate and reliable, although this may not always be possible considering:
a) The large amount of products and services used by Centro Polo to collect information;
b) The products and services come from sources which may be beyond Centro Polo's control and cannot always be verified;
c) There may be errors; Centro Polo does not guarantee the correction of the information provided and shall not be liable for any possible errors or omissions.
Centro Polo shall not be made liable for the damages that may derive from faults in the website or its products due to external technical causes, including any hardware required to operate the website or enable the connection, and expressly disclaims any liability arising from faults in the phone network. Centro Polo does not represent the marketability or suitability of the website’s contents (products and services) for a specific purpose.
Centro Polo’s liability with regards to damages caused in the event of gross negligence, and the compensation for damages and payment of interests in the event of breach, shall not exceed in any way, as expressly agreed by the parties, the total amounts paid by the CLIENT to Centro Polo for the commercial transaction thereof.
4. Alterations:
Centro Polo reserves the right to modify its products and information at any time without prior notice.
5. Jurisdiction:
In order to solve any legal conflicts arising from the interpretation and/or enforcement of these provisions, the parties waiver any other general or special jurisdiction they may be entitled to in favour of the Courts of Marbella.
Processing and Protection of User Data
Pursuant to the Spanish Organic Law 15/1999 on Personal Data Protection, Centro Polo notifies the CLIENT that the personal data required as a result of the purchase, transactions and/or product and/or service contracting made by any means, as well as the computerized processes related to existing data, will be entered in a file created under Centro Polo’s responsibility, authorizing such company to process this data. The collection and aforementioned processing aim to maintain the contracting relationship entered into between the parties, the management, administration, supply, extension and improvement of the services rendered, the adjustment of such services to the preferences and tastes of the users, the design of our services, the delivery of technical, operative or commercial information on products and services offered by Centro Polo at present and in the future, through such company or third parties.
The CLIENT may exercise his/her right to access, correct and cancel his/her data in accordance with order 1/1998 of the Data Protection Agency, by accessing the data from the company’s website or writing to the organization responsible for the data processing, Centro Polo, at C/Azaleas, 51, 1º Izq. 29660 Nueva Andalucía, Marbella (Malaga).
The answer to the questions asked and the data requested to formalize the relationship with Centro Polo is completely optional and Centro Polo is not compelled to ask the CLIENT for his/her consent to collect the data as these refer to the parts in the agreement or pre-agreement of the business relationship and are required to maintain and enforce such agreement. For this reason, should the CLIENT refuse to provide the minimum personal data required, the agreement shall no longer be effective, as such data is required for the aforementioned purposes.
The CLIENT accepts that Centro Polo may send the CLIENT commercial, marketing and promotional communications by email, fax or any similar electronic means, and therefore the details for these will be used for such communications by virtue of the Spanish Act 34/2002 of 11 July on Services of the Information Society and e-Commerce and the Spanish Act 32/2003 of 3 November on General Telecommunications. Nevertheless, we hereby notify that you may revoke your consent on each commercial or publicity communication you receive and at any time by notifying your decision to this company by the means enabled on the website.