Legal Notice

The access, navigation and use of the website www.elianbcn.com (hereinafter, the "Website") implies the express and unreserved acceptance of all the terms of these Terms of Use, having the same validity and effectiveness as any written and signed contract.
Their observance and compliance shall be enforceable against any person accessing, browsing or using the Web Site. If you do not agree with the above terms, do not access, browse or use the Web Site.


IDENTIFICATION

  • Holder: ELIAN BARCELONA S.L. (hereinafter, ELIANBCN)
  • Corporate address: CL CARAVEL.LA LA NI√ĎA Num.12 P.7 PTA.B, BARCELONA 08017
  • VAT#: B42734962
  • Registered in the Mercantile Registry of Barcelona, dated 12th Jan 2021, Page B-560578 Took 49161 Folio 183
  • Phone: +34 93 838 61 33
  • E-mail: lopd@elianbcn.com


SUBJECT

These Terms of Use regulate the access, navigation and use of this Website, without prejudice to ELIANBCN, reserves the right to modify the presentation, configuration and content of the same, as well as the conditions required for access and / or use. Access and use of the contents of the Website after the entry into force of its modifications or changes implies acceptance of the same.
ELIANBCN reserves the right to modify the terms and conditions stipulated herein, totally or partially, publishing any change in the same form in which these Conditions of Use appear or through any type of communication addressed to the users.
Likewise, we inform users about their rights and obligations in relation to the contents exposed through the Web Site, logos and trademarks used, as well as the responsibilities that may arise from accessing the Web Site.
For the purposes of the interpretation of these Terms of Use, we understand that a person becomes a user at the moment in which he/she accepts the Terms of Use and the Privacy Policy exposed in the Web Site, being sufficient for this purpose that he/she visits the Web Site.



INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

ELIANBCN is the owner or, where appropriate, has the corresponding licenses on the rights of exploitation of intellectual and industrial property of the Website, as well as all the content offered on it, including the platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through it.
References to registered trademarks or trade names, or other distinctive signs, whether owned by ELIANBCN or third party companies, imply a prohibition on their use without the consent of ELIANBCN or their legitimate owners. At no time, unless expressly stated to the contrary, does access, browsing or use of the Website and/or its contents give the user any right over the distinctive signs included therein.
All intellectual and industrial property rights over the contents of the Website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Website, for public or commercial purposes, without the prior, express written authorization of ELIANBCN or, where appropriate, of the owner of the corresponding rights.
In the event that the user sends information of any kind to ELIANBCN through any of the channels provided for this purpose, the user represents, warrants and agrees that he/she has the right to do so freely, that such information does not infringe any intellectual property rights, industrial, trade secret or any other rights of third parties, and that such information is not confidential or harmful to third parties.
The user acknowledges that he/she assumes responsibility, leaving the provider harmless for any communication that he/she provides personally or on his/her behalf, reaching such responsibility without any restriction as to the accuracy, legality, originality and ownership of the same.
If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual and/or industrial property rights, he/she must immediately notify ELIANBCN through the e-mail address lopd@elianbcn.com so that it can proceed to take the appropriate measures.



RULES OF USE OF THE WEBSITE

Access to or use of the Web Site for illegal or unauthorized purposes, with or without economic purpose, is not permitted and, therefore, its consequences shall be the sole responsibility of the user. In particular, and without the following list being absolute, it is prohibited:

  • Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in a third party's computer;
  • Use the Web Site for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files;
  • Use the Web Site to collect personal data from other users;
  • Use the Web Site illegally, against good faith, morality and public order;
  • Unauthorized access to any section of the Website, to other systems or networks connected to the Website, to any ELIANBCN server, or to the services offered through the Website, by hacking or forgery, password mining or any other illegitimate means;
  • Breach, or attempt to breach, the security or authentication measures of the Web Site or any network connected to the Web Site, or the security or protection measures inherent in the content offered on the Web Site;
  • Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in ELIANBCN's systems or networks, as well as in the systems and networks connected to the Website;
  • Impede the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or attempting to alter, illegally or in any other way, the access, participation or operation thereof, or by falsifying the result thereof and/or using fraudulent participation methods, by any procedure, and/or through any practice that violates or infringes in any way these Terms of Use.

The breach of any of the above obligations by the user may lead to the adoption by ELIANBCN of appropriate measures protected by law and in the exercise of their rights or obligations, without the possibility of any compensation for damages caused.
In the event that you find any information or content on the Website that may be inappropriate, contrary to current legislation, or contrary to the conditions set out in the Website, please inform ELIANBCN immediately through the various means provided for this purpose.



LINKS TO OTHER WEBSITES

ELIANBCN does not control the content, privacy policies or practices of third party websites or resources, nor does ELIANBCN assume any responsibility for them.
You acknowledge and agree that ELIANBCN shall not be responsible for the availability of external websites or resources, and does not endorse any advertising, products or other materials offered through such websites or resources. ELIANBCN shall not be liable for any loss or damage you may incur as a result of the availability of such external websites or resources, or as a result of any reliance you place on the completeness, accuracy or existence of any advertising, products or other materials offered through such websites or resources.



LINKS TO THE PROVIDER'S CHANNEL ON OTHER PLATFORMS AND SOCIAL NETWORKS

ELIANBCN makes available to users, through different tools and applications, means of linking that allow users to access the channels and pages of the Website that ELIANBCN maintains on different platforms and social networks belonging to and/or managed by third parties: https://es.linkedin.com/company/elianbarcelona
The inclusion of these links on the Website has the sole purpose of providing users with access to these channels on the different platforms and social networks.
The establishment of these applications does not imply the existence of any relationship between ELIANBCN and the owner, manufacturer or distributor of the linked platform, nor the acceptance and approval by ELIANBCN of its contents and/or services, being the owner, manufacturer or distributor solely responsible for them.
In no case ELIANBCN shares with Facebook, Twitter or any other social network that may be incorporated in the future any private information about its users, being its only purpose the one established in this Legal Notice, as well as in the Privacy Policy of the Website. In this sense, all the information that the user himself wishes to provide to these platforms will be under his own responsibility, ELIANBCN not intervening in this process.
The activation and use of these applications may entail the identification and authentication of the user (login/password) in the corresponding platforms, completely external to the Website and out of ELIANBCN's control. By accessing such external networks, the user enters an environment not controlled by ELIANBCN, and ELIANBCN assumes no responsibility for the security settings of such environments.
Since ELIANBCN has no control over the content hosted on such channels, the user acknowledges and agrees that ELIANBCN assumes no responsibility for the content or services that the user can access on these pages, or for any content, products, services, advertising, or any other material available on them. For this reason, the user must exercise extreme caution in the evaluation and use of the information, content and services available on the linked channels, and on the information of the user or third parties that he/she wishes to share on these channels.



RESPONSIBILITIES AND WARRANTIES

Consequently, ELIANBCN does not guarantee and is not responsible for the following actions: the continuity of the contents of the Website; the absence of errors in said contents; the absence of viruses and/or other harmful components in the Website or in the server that supplies it; the invulnerability of the Website and/or the impossibility of violating the security measures adopted therein; the lack of usefulness or performance of the contents of the Website; and the damage or harm caused, to oneself or to a third party, by any person who infringes the conditions, rules and instructions that ELIANBCN establishes on the Website or through the violation of the security systems of the Website.
Nevertheless, ELIANBCN declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the functioning of the Website and to reduce system errors to a minimum, both from a technical and legal and organizational point of view.
If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could infringe the rights of third parties, he/she must notify ELIANBCN immediately so that it can proceed to take the appropriate measures.
ELIANBCN shall not be responsible for the veracity, integrity or updating of the information published on the Website from outside sources and shall not be liable for any hypothetical damages that may arise from the use of such information.



WEBSITE SUSPENSION

ELIANBCN reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, hosting and/or downloading of the content and/or use of services of the Website, with or without prior notice, without the user being able to claim any compensation for this reason.



CONFIDENTIALITY AND DATA PROTECTION

In accordance with the provisions of current legislation on the Protection of Personal Data, all personal data provided through the email account will be treated in accordance with the provisions of current legislation on Data Protection, and for the sole purpose of responding to your request or query.



SPAM

It is absolutely forbidden to SPAM, or any fraud or abuse on our website. This type of attitudes are punishable by law and the owners of the WEB will refer this type of abuse to the corresponding authorities.



JURISDICTION

These general conditions shall be governed by Spanish law.
ELIANBCN and the USER, expressly waiving any other jurisdiction that may correspond to them, submit to the jurisdiction of the Courts and Tribunals of the city of Barcelona for any questions that may arise or actions arising from the provision of the service of this website and its services and content, and on the interpretation, application, enforcement or breach of the provisions herein.