OBJECT
The present General Conditions of Use, Privacy Policy and Sale (hereinafter, the “General Conditions”) regulate the use of the website [xpertux.com] (hereinafter, the Website) that [Xpertux Consulting Training SL] (hereinafter “[Xpertux]”), makes available to the persons who access its Website with the purpose of providing information about products and services, its own and/or of third party collaborators, and to facilitate the access to the same, as well as the contracting of services and goods through the same (all of which are jointly referred to as the “Services”).
[Xpertux], with registered office at [Zarzamora 65], is the owner of this Web Site whose use is regulated by this document, with Tax ID number [B93508513] and registered in the REGISTRO_TOMO_HOJA. To contact [Xpertux], you can use the postal address indicated above, as well as the e-mail address [Info@xpertux.com].
By the very nature of the Web Site, as well as its content and purpose, almost all of the navigation that can be carried out by the same has to be done enjoying the condition of Client, which is acquired according to the procedures contained therein. Therefore, the aforementioned condition of Client implies adherence to the General Conditions in the version published at the time of accessing the Website. [Xpertux] reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. Therefore, [Xpertux] recommends the Client to read them carefully each time he/she accesses the Website.
In any case, there are pages of the Web Site accessible to the general public, with respect to which [Xpertux] also wishes to comply with its legal obligations, as well as to regulate the use of the same. In this sense, users who access these parts of the Web Site agree to be subject, by the fact of accessing the aforementioned pages, to the terms and conditions contained in these General Conditions, to the extent that this may be applicable to them.
Finally, due to the nature of this Web Site, it is possible that the contents of these General Conditions may be modified or changed. Therefore, the Client, as well as other users who do not enjoy this condition, are obliged to access the present General Conditions each time they access the Web Site, assuming that the corresponding conditions in force at the time of their access will be applicable to them.
ACCESS AND SECURITY
Access to the Services requires the prior registration of the users, once they accept the General Conditions, being considered as Clients.
The Client’s identifier shall consist of his e-mail address and a password. In order to access the Client’s own account, it will be necessary to include this identifier, as well as a password containing at least 4 characters.
The use of the password is personal and non-transferable, not being allowed the transfer, even temporarily, to third parties. In this sense, the Customer undertakes to use it diligently and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties.
In the event that the Customer knows or suspects the use of his password by third parties, he must change it immediately, in the manner described on the Website.
CORRECT USE OF SERVICES
The Customer undertakes to use the Services in a diligent, correct and lawful manner and, in particular, by way of example and not limitation, undertakes to refrain from:
- Use the Services in a manner, with purposes or effects contrary to law, morality and generally accepted good customs or public order.
- Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless authorized by the holder of the corresponding rights or it is legally permitted.
- Perform any act that may be considered an infringement of any intellectual or industrial property rights belonging to [Xpertux] or third parties.
- Use the Services and, in particular, information of any kind obtained through the Web Site to send advertising, communications for direct marketing purposes or any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, as well as to market or disclose in any way such information.
The Client shall be liable for damages of any nature that [Xpertux] may suffer, on occasion of or as a consequence of the breach of any of the obligations set forth above as well as any others included in these General Conditions and/or those imposed by Law in connection with the use of the Website.
[Xpertux] shall ensure at all times that the current legal system is respected, and shall be entitled to interrupt, at its sole discretion, the Service or exclude the Client from the Website in the event of the alleged commission, complete or incomplete, of any of the crimes or offenses defined by the Criminal Code in force, or in case of observing any behaviors that in the opinion of [Xpertux] result contrary to these General Conditions, the General Conditions of Contracting that operate for this Web Site, the Law, the norms established by [Xpertux] or its collaborators or can disturb the good operation, image, credibility and/or prestige of [Xpertux] or its collaborators.
PROPERTY RIGHTS
All the contents of the Website, such as texts, graphics, photographs, logos, icons, images, as well as the graphic design, source code and software, are the exclusive property of [Xpertux] or of third parties, whose rights in this respect are legitimately held by [Xpertux], and are therefore protected by national and international legislation.
The use of all elements subject to industrial and intellectual property for commercial purposes as well as their distribution, modification, alteration or decompilation is strictly prohibited.
Infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as an offense punishable under Articles 270 et seq. of the Penal Code.
Those Clients who send to the Website observations, opinions or comments by means of the e-mail service or by any other means, in the cases in which by the nature of the Services this is possible, it is understood that they authorize [Xpertux] for the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation, of such observations, opinions or comments, for all the time of copyright protection that is legally foreseen and without territorial limitation. It is also understood that this authorization is given free of charge.
Claims that may be filed by Customers in relation to possible breaches of intellectual or industrial property rights on any of the Services of this Web Site should be sent to the following e-mail address: [Info@xpertux.com].
DISCLAIMER OF WARRANTIES AND LIABILITY
Notwithstanding the provisions of the General Terms and Conditions relating to the procurement of goods contained in this Web Site, [Xpertux] is not responsible for the truthfulness, accuracy and quality of this Web Site, its services, information and materials. Said services, information and materials are presented “as is” and are accessible without warranties of any kind.
[Xpertux] reserves the right to interrupt access to the Website, as well as the provision of any or all of the Services provided through the Website at any time and without prior notice, whether for technical, security, control, maintenance, power failure or any other justified cause.
Consequently, [Xpertux] does not guarantee the reliability, availability or continuity of its Website or the Services, so that the use of the same by the Client is carried out at its own risk, without, at any time, being able to demand responsibilities to [Xpertux] in this regard.
[Xpertux] will not be responsible in case of interruptions of the Services, delays, errors, malfunctioning of the same and, in general, other inconveniences that have their origin in causes beyond the control of [Xpertux], and/or due to a fraudulent or negligent action of the Client and/or has by origin causes of fortuitous event or force majeure. Without prejudice to the provisions of Article 1105 of the Civil Code, the concept of Force Majeure shall be understood to include, in addition, and for the purposes of these General Conditions, all those events beyond the control of [Xpertux], such as: failure of third parties, operators or service companies, acts of Government, lack of access to third party networks, acts or omissions of the Public Authorities, those others produced as a consequence of natural phenomena, blackouts, etc and the attack of hackers or third parties specialized in the security or integrity of the computer system, provided that [Xpertux] has adopted reasonable security measures in accordance with the state of the art. In any case, whatever the cause, [Xpertux] will not assume any liability for direct or indirect damages, consequential damage and/or loss of profit.
[Xpertux] excludes any liability for damages of any nature that may be due to the lack of truthfulness, accuracy, completeness and/or timeliness of the Services transmitted, disseminated, stored, made available or received, obtained or accessed through the Web Site as well as for the Services provided or offered by third parties or entities. [Xpertux] will try as far as possible to update and rectify any information hosted on its Web Site that does not comply with the minimum guarantees of veracity. However, [Xpertux] shall be exonerated from liability for its failure to update or rectify, as well as for the contents and information contained therein. In this sense, [Xpertux] has no obligation to control and does not control the contents transmitted, disseminated or made available to third parties by the Clients or collaborators, except in the cases in which it is required by the legislation in force or when required by a competent Judicial or Administrative Authority.
Likewise, [Xpertux] excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alterations in the computer systems as well as in the documents or systems stored therein.
[Xpertux] is not responsible for the use that the Client makes of the Services of the Website or its passwords, as well as of any other material of the same, infringing the intellectual or industrial property rights or any other right of third parties.
The Client undertakes to indemnify [Xpertux], for any damage, prejudice, sanction, expense (including, without limitation, lawyers’ fees) or civil, administrative or any other type of liability that [Xpertux] may suffer that is related to the breach or partial or defective compliance on its part of the provisions of these General Conditions or the applicable legislation, and, in particular, in relation to its obligations regarding the protection of personal data contained in these conditions or established in the LOPD and development regulations.
LINKS TO OTHER WEBSITES
[Xpertux] does not guarantee or assume any type of responsibility for the damages suffered by the access to Services of third parties through connections, links or links of the linked sites nor on the accuracy or reliability of the same. The function of the links that appear in [Xpertux] is exclusively to inform the Client about the existence of other sources of information on the Internet, where he/she will be able to expand the Services offered by the Portal. [Xpertux] will not be in any case responsible for the results obtained through these links or for the consequences derived from the access by the Clients to them. These third party Services are provided by third parties, so [Xpertux] cannot and does not control the legality of the Services or their quality. Consequently, the Client must exercise extreme caution in the evaluation and use of the information and services existing in the contents of third parties.
APPLICABLE LAW AND JURISDICTION
For any interpretative or litigious issues that may arise, Spanish law shall apply and in case of dispute, both parties agree to submit to the jurisdiction of the Courts and Tribunals of the city of Madrid, waiving any other jurisdiction that may correspond to them.