1. INTRODUCTION
Rauda ALSP, S.L.P. (“Rauda”), is a Spanish trading company with registered office at c/ Badajoz 145, 3º 2ª, 08018 Barcelona, holder of tax identification number B05380100 and registered in the Commercial Registry of Barcelona, volume 47938, page 18, sheet B566926.
Rauda holds all the intellectual property rights and other rights to the Rauda website (the “Website”) and applications (“Applications”). Users’ (the “User” or “Users”) access to and use of the Website and Applications are subject to these terms of use (“Terms of Use”) and will be supplemented with any other legal texts regulating any functionality, service, process, application, platform, or means required to use the Website or the Applications, or related to them.
Please read the Terms of Use carefully. Accessing the Website or the Applications, or both, and using the materials in them, indicates that you have read and accept without reservation these Terms of Use. Any User that disagrees with all or part of these Terms of Use should not use the Website or the Applications.
2. PURPOSE
The Website and the Applications contain materials prepared by Rauda only for informative purposes. Users should keep in mind that these materials might not reflect the latest legislation or case law on the issues examined. Rauda also reserves the right to change, expand, or reduce the materials offered through the Website and the Applications at any time, notifying Users.
The materials on the Website and in the Applications cannot be used to replace legal or other advice. Access to these materials is not intended to and does not imply any lawyer-client relationship, or any other professional relationship or relationship of trust between Rauda and the Website or Application User. Therefore, the User should not act on the basis of the information in those materials without first seeking professional advice. The User should not send Rauda any confidential information without discussing it with our lawyers and obtaining permission to send that information.
Without prejudice to the above, Rauda grants Users a non-exclusive license, which cannot be sub-licensed or transferred, to use the Website and its respective functionalities, content, and other features, which are subject to the remaining provisions in these Terms of Use, to any other terms of use, and the applicable law.
3. USER COMMITMENTS
The User agrees to (i) fulfill these Terms of Use, (ii) comply with the special warnings or instructions for use specified in them, and (iii) act according to the law in force, morality, best practices, and the requirements of good faith and public order. The User will apply due diligence and not use the Website or the Applications in any way that could prevent, damage, or impair its proper operation or that of the assets or rights of Rauda, other Users, or any third party.
Specifically, and without this restricting the previous section, the User agrees to fulfill the following commitments:
a) To provide true information through the channels enabled by Rauda to access certain content or services offered through the Website and the Applications, and to keep them updated. Rauda reserves the right, without prejudice to other legal measures available, to withdraw, deny, or suspend access to the Website and the Applications if the data provided is or could be false, inaccurate, or misleading. The User is fully liable for any data and content transferred or communicated to Rauda. The User is liable for any harm or loss derived from their improper use.
b) Not to enter, store, or disseminate through the Website or the Applications any program, data, virus, code, or any other electronic or physical device that could harm them or any of the services, equipment, systems, or networks of Rauda, another User, or a third party.
c) Not to change, copy, download, modify, decompile, disassemble, reverse-engineer, grant licenses, lease, sell, or imitate the Website or the Applications, their content, or their system software.
d) Not to enter, store, or disseminate by means of the Applications any content that breaches third-party intellectual or industrial property rights or trade secrets, or any content it is not legally entitled to make available to third parties.
4. LIABILITIES AND WARRANTIES
Rauda is not liable for (i) harm deriving from interference, omission, interruptions, computer viruses, malfunction, or disconnection in the operation of Users’ electronic system or IT devices and equipment, due to causes beyond Rauda’s control, which prevent or delay navigation through the Website or the Applications; (ii) delays or blocked use caused by problems or overloads on the internet or in other electronic systems; or (iii) the impossibility of providing the service or allowing access for reasons beyond Rauda’s control, caused by the User, third parties, or unforeseeable circumstances.
However, Rauda declares that it has taken and will take, if necessary, all the measures required, based on its capability and the state of technology, to guarantee proper operation of the Website and the Applications and avoid the presence and transfer of viruses and other harmful elements affecting Users.
Rauda reserves the right to interrupt access to the Website and the Applications, without giving notice, for technical, security, control, or maintenance reasons, due to a failure in power supply, or for any other reason. Rauda does not routinely monitor Users’ use of the Website or the Applications.
Rauda is not liable for Users’ use of the content of the Website and the Applications that might entail a breach of any national or international regulations, intellectual or industrial property rights, or any other third-party rights.
Rauda is not liable for any errors or omissions in the content of the Website or other content that can be accessed through it. Nor is Rauda liable for any harm derived from using the Website or the Applications, or for any action carried out based on the information provided in them.
Rauda does not guarantee the absence of viruses or other damaging elements that could harm or alter the IT system, electronic documents, or files of the Website or the Applications Users. Therefore, Rauda is not liable for any harm or loss those elements might cause the User or third parties.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY
Rauda is the exclusive owner of all intellectual and industrial property rights, and all the information on the Website and in the Applications (including information, texts, data, images, graphics, designs, source code, software, trademarks, navigation structures, databases, and any other content).
Rauda grants Users a non-exclusive, non-licensable, non-transferable license to use the Website and the Applications in their current version, which is subject to the other terms in these Terms of Use, as well as any other terms of use and applicable law. Users are authorized to view and obtain a temporary private copy of the content for personal and private use on their IT systems (software and hardware), but they are not authorized to later transfer them to third parties. With the exceptions above, the User must not fully or partially modify or reproduce this information without Rauda’s written permission.
These Terms of Use do not grant intellectual or industrial property rights, such as copyright, trademarks, designs, or other rights, over the Applications or over any of their elements, except for the limited license for use granted to Users to use the Applications under the conditions established in these terms.
Users must not reproduce, transfer, transform, distribute, publicly disclose, make available, extract, reuse, exploit, or use in any way, by any means or procedure, any of them, unless it is allowed by law or with Rauda’s written permission.
Users grant Rauda a non-exclusive, unlimited, entire, transferable, free, and sub-licensable right over any non-personal data or data from which personal references have been removed (anonymized data).
6. COOKIES
Rauda may use cookies (data files installed in the User’s device that make it possible to store information about User page activities) to carry out certain tasks that are considered necessary for the proper operation of the website. For more information, see our Cookies Policy.
7. DATA PROTECTION
Rauda will protect Users’ personal data and will only use it to the extent permitted by law or with Users’ consent. Users can find more information on this in the Privacy Policy.
8. THIRD-PARTY LINKS
These Terms of Use apply only to Rauda’s Website, Applications, and content, and not to third-party links, websites, or applications accessed through them, or any other third-party service. Rauda cannot control the information, content, products or services provided by third parties that have established links to the Website or the Applications, and access to them through the Website or the Applications does not imply that Rauda recommends or approves of their content.
Consequently, Rauda will not take on any liability deriving from them. If other IT networks or resources are accessed, the User agrees to comply with the provisions in the relevant privacy policies and terms of use.
Rauda offers Users these links, information and services only for the User’s benefit, and the User is responsible for reading and accepting the terms of use and privacy policies published on those websites or related applications. Their inclusion on the Website does not imply that Rauda approves of the linked website.
Rauda declares that it will immediately remove any link when the content it leads to may breach national or international law, or go against morality or public order.
9. CHANGES TO THE TERMS OF USE
Rauda reserves the right to change or update these Terms of Use at any time, as well as any information that appears on the Website and the Applications.
10. COMMUNICATION
For the purposes of these Terms of Use, any communication required between the User and Rauda must be sent to rauda@rauda.law.
11. NOTICE OF INCIDENTS AND POTENTIAL INFRINGEMENTS
Rauda respects third-party rights and the applicable law. Users of the Website and the Applications are also obliged to do so. If any technical incidences occur in the Website or the Applications, or if any errors, inaccuracies, or unlawful content are found in any sections, contact rauda@rauda.law.
12. SEVERABILITY AND INTEGRATION OF CLAUSES
The unlawfulness, invalidity or non-effectiveness of any of the clauses of these Terms of Use will not affect the validity of the other provisions, provided the rights and obligations of the parties deriving from the Terms of Use are not affected in an essential manner. “Essential” refers to any situation that seriously damages either party’s interests, or affects the purpose of the Terms of Use. These clauses must be replaced with or integrated into others that comply with the law and fulfill the purpose of the replaced clauses. The parties waive any claim for harm and loss that may be filed in this scenario.
13. APPLICABLE LEGISLATION AND JURISDICTION
Access to the Website and the Applications entails the User’s acceptance of the provisions in these Terms of Use. If you disagree with these Terms of Use, please do not view or use the Website and the Applications. Any dispute arising from them will be governed by Spanish law, and the parties waive their rights to any jurisdiction they might be entitled to, and submit to the jurisdiction of the courts of the city of Barcelona (Spain).
