Legal notice and terms of use

Date of last update: 16th of June 2022

Legal notice and terms of use of the website

1. Purpose and general information

Open Digital Services, S.L., (hereinafter, “ODS”) with Spanish Tax ID no. B-87745733, registered in the Trade Registry of Madrid in Volume 40103, Folio 23, Sheet: M-639332, with registered office in Plaza de Santa Barbara, 1-2, 28004 (Madrid), Spain, and with contact email address ODS offers internet users the website (hereinafter, the "Portal" or the "Website"). This Website has been created by ODS to inform users of its products and services.

Access to and use of the Website is governed by these general terms of use, as well as by our Privacy Policy and Cookies Policy, which the user accepts and undertakes to observe on accessing and/or using the services provided.

Access to this Portal is voluntary and free of charge for the user, and those who access it are attributed the status of user, accepting these "General Terms of Use" by their mere presence on the Website, without prejudice to the specific terms that may be found therein and that take precedence over the terms herein. Therefore, it should be read carefully before carrying out any type of action on it.

2. Definitions

Website/Portal: Pages hosted under the domain

User: This is any individual or legal entity that accesses or makes direct or indirect use of the Website, who, being bound by their mere access and use to these general terms of the service. They will be private users, companies, corporations, individuals or legal entities or any other entity (hereinafter referred to as "Persons"). ODS does not accept any liability for the access of Persons in jurisdictions where such distribution or use may be contrary to the corresponding legislation or regulations.

Product or service: any type of product and/or service offered through the Website that a duly registered User has the option of acquiring and/or using. The Portal is free to access and free to visit for all internet users.

3. Use of the service

ODS can make available to the User, through the Portal, products for sale, specific services, offers, promotions, etc.

To enable the contracting of products and/or access to services directly offered on the Website, the User must follow the established procedures in each case.

4. Right of exclusion

ODS reserves the right to withdraw or deny access to the Website, without prior notice, to those Users who do not comply with these general terms of use, or the specific terms indicated where appropriate.

5. With respect to the use of the Website

In the event of an accessibility failure, ODS will carry out all corrective actions, but it does not guarantee the absence of errors or the absolute and continuous availability of the Website, which may be affected by maintenance and improvement work. ODS expressly does not accept any liability relating to errors or omissions in the information contained in the pages of this Website.

ODS, to the extent permitted in current legislation, is not responsible for damage that may be suffered by Users as a result of their access to or use of the Website, nor for damage that may be caused to Users’ computer equipment or the files or data stored therein as a result of a virus or any type of malware, nor for improper use of users’ computing devices or for accessing the Portal with inappropriate tools.

Users are fully responsible for their conduct on accessing the information on the Website, as well as during and after their browsing.

The User agrees not to use any of the content that ODS puts at their disposal, whether or not produced by ODS or published under its name, to undertake activities contrary to the law, morality or public order. Those who access the Website must observe the applicable legislation, codes of ethics and conduct that may be agreed to, and the general rules of use of the Website. In accordance with these, they shall refrain from conduct that includes, but is not limited to, the following:

(a) contravening, denigrating or threatening fundamental rights and constitutionally recognised public freedoms, in international treaties and other legal systems;

(b) inducing, inciting or promoting criminal, denigratory, defamatory, dishonourable or violent actions or generally those against the law, morals and generally accepted good practices or public order;

(c) inducing, inciting or promoting discriminatory actions, attitudes or ideas on the basis of gender, race, religion, belief, age or condition;

(d) incorporating criminal, violent, pornographic or degrading messages, or generally those against the law, morality and generally accepted good practices or public order;

(e) inducing an unacceptable state of anxiety or fear;

(f) inducing or inciting to engage in practices that are dangerous, risky or harmful for health and psychological balance;

(g) being false, ambiguous, inaccurate, exaggerated or extemporaneous in such a way that it misleads about the corresponding subject, intention or purpose;

(h) being protected by any intellectual or industrial property right belonging to third parties, without the User having previously obtained from the owner the necessary authorisation to carry out the use it is intended for;

(i) violating the business secrets of third parties.

(j) contravening to the right to honour, personal and family privacy or the image of persons.

(k) infringing the rules on secrecy of communications.

(l) constituting unlawful, misleading or unfair advertising and, in general, constituting unfair competition.

(m) causing, due to its characteristics (such as format, extension, etc.) difficulties in the normal operation of the service or failing to meet the technical requirements or specifications established for access to the website, or that in any way may damage, disable or deteriorate the website or its services or prevent normal enjoyment by other Users. The User shall be liable for any damage that ODS may suffer as a consequence of the breaching of any of the obligations herein.

ODS reserves the right to update content when it deems it convenient, as well as to delete it, limit it or prevent access to it, temporarily or permanently, as well as to refuse access to the website for users who misuse such content and/or breach any of the terms and conditions listed in these Terms of Use, without this giving any right to compensation or restitution with regard to the user that is denied access.

6. Links

On this Website, the User may find links to other websites that are controlled by third parties. ODS does not have the power to control the content provided by other websites to which links are established from this Portal. Therefore, ODS does not assume any liability or responsibility for any aspect relating to these third-party websites to which it may be linked, nor does it guarantee that such links are free of viruses or other elements that may cause damage to the User's computer systems or files.

Any use of a link or access to a non-proprietary website is at the user's sole choice and risk. ODS does not recommend or guarantee any information obtained by or through a link, nor is it liable for any loss, claim or damage arising from the use or misuse of a link, or of the information obtained through it, including other links or websites, for any interruption in the service or access, or for the attempt to use or misuse a link, both when accessing the Website and when accessing information from other websites from this Website.

Nor does it assume any liability or responsibility for the content of third-party websites that may direct links to this Website or refer to it, that include opinions on the Website that may mislead users of said websites about ODS services.

7. Intellectual and industrial property

This entire Website is covered by national, community and international legislation on copyright and intellectual property. The User acknowledges and accepts that all trademarks, trade names or distinctive signs, as well as all the intellectual and industrial property rights on the content and/or any other elements inserted in the Website are the exclusive property of ODS and/or third parties, who have the exclusive right to use them. In no case shall access to the Website imply any type of waiver, transfer, license or transfer all or part of such rights, unless expressly stated otherwise. All reproduction rights are reserved, including iconographic and photographic representations. The reproduction of all or part of the content of this Website in any media is strictly prohibited without the express written authorisation of ODS.

8. Applicable law and jurisdiction

These General Terms of Use are governed by the Spanish law and any dispute that may arise concerning the application, compliance or interpretation of these terms will be settled, by the express acceptance of both sides, in the courts and tribunals of the city of Madrid.

9. Modifications to these General Terms

ODS reserves the right to make the modifications it deems necessary in the Portal as well as update the information contained therein and the configuration, presentation, access conditions and these General Terms of Use, without the need for prior notification.

Access to or use of the Website following updates to these General Terms of Use is understood as acceptance of the updated version thereof. Users who do not accept these General Terms of Use or their subsequent updates cannot access or use the Website.

Website browsers may generate a copy of this page in the cache so that when users access it again the pages displayed by browser do not correspond to the most current ones, but rather to those stored in the cache. In order to avoid these problems, we recommend that you update the Portal from the browser when accessing ODS.

10. Data protection, privacy policy and cookies policy

These General Terms of Use apply to your use of the Website. By accessing and browsing through the Website, the User accepts that ODS is responsible for the processing, collection, treatment and use of their personal data to which we have access as a result of their use of the Website, or that you, as User, provide us, in accordance with our Privacy Policy and for the purposes of managing the correct operation of the Website, managing specific services requested by the data subject, compliance with legal obligations and offering you ODS products and services. Please read our Privacy Policy and Cookies Policy carefully in order to be better informed about the personal data that will be collected and processed, as well as the purposes of this processing and the rights corresponding to you as an interested party, and the way in which you may exercise them should that be necessary.