1. WEBSITE OWNERSHIP
Estacionamientos y Servicios, S.A.U. (hereinafter, the Company) is the owner of this website (hereinafter, the Website). Its registered address is calle Cardenal Marcelo Spínola, 28016 Madrid, Spain, and its tax number is A-28385458. You can contact the Company by writing to comunicación@eysaservicios.com
The Company was filed at the Madrid Companies Register on March 25, 1975, in tome 3,724, folio 40, section 3, sheet 28.373.
The domain names through which you have accessed the Website are owned by the Company.
Such domain names cannot be used in connection with other content, products or services that are not owned by the Company or in any other way which can confuse end users or discredit the Company.
This Legal Notice contains the terms and conditions of use that regulate the access, browsing and use of the Website, as well as the liabilities arising from the use, provision and/or hiring of the products or services that are offered, as the case may be, in addition to their content, without prejudice to the possibility that the Company can establish specific terms and conditions to regulate the use, provision and/or hiring of the products or services that are offered, as the case may be, to Users through the Website. In any case, such specific terms and conditions shall form an integral part of this Legal Notice.
By merely accessing the Website, sending information requests, making queries or, in general, carrying out any similar acts through the Website’s forms and/or inboxes shall imply that you accept all the rules stated in this Legal Notice without reservation and that you acquire the status of Website User. Consequently, you must carefully read and familiarize yourself with this Legal Notice.
In the event that Users are offered the use, provision and/or hiring of the products or services through the Website, the fact that the User uses and/or requests them shall imply that the User accepts the specific terms and conditions which, where applicable, are established for such purpose without reservation and they shall form an integral part of this Legal Notice.
3. WEBSITE ACCESS AND USE
Access to the Website by Users is unrestricted and free. Nevertheless, the use, provision and/or hiring of the products or services offered, as the case may be, by the Company may be subject to prior compliance with the formal requirements such as completion of the corresponding form, payment of the expenses or fees and/or prior acceptance of the applicable specific terms and conditions.
Mere access to the Website does not involve, in itself, the establishment of any kind of commercial link or relationship between the Company and the User, except when the proper means for this have been established and the User has previously complied with the requirements which, as the case may be, are set out.
The inclusion in the Website of information related to products or services offered by the Company is solely for information or advertising purposes, except when another purpose is expressly established.
If, for the use, provision and/or hiring of any product or service offered through the Website, the User has to proceed to registration, the User shall be responsible for supplying true and lawful information, guaranteeing the authenticity of all data entered when filling in the pre-established forms accessing these products or services. If, as a consequence of registering, the User is given a password, the User undertakes to make diligent use of this and keep it secret. Consequently, Users are responsible for the proper custody and confidentiality of any identifiers and/or passwords that may be supplied by the Company, and undertake not to grant them to third parties, temporarily or permanently, or allow their access to other parties. The use and/or hiring of the products or services by an unlawful third party that uses a password to this end due to the negligence or loss of the password by the User shall be the sole responsibility of the User.
By virtue of the foregoing, the User shall notify the Company immediately of any event that may allow the improper use of the identifiers and/or passwords, such as theft, misplacement or non-authorized access of same, with the aim of proceeding to immediate cancellation. If such events are not notified, the Company shall be exempt from any liability arising from the improper use of the identifiers or passwords by unauthorized third parties.
In any case, the access, browsing and use of the Website and, as the case may be, the use or hiring of the services or products offered through it is done under the sole and exclusive liability of the User, so the User pledges to diligently and faithfully observe any additional instruction given by the Company or by authorized personnel from the Company regarding the use of the Website and its content.
Therefore, the User shall use the content, products and services in a diligent, correct and lawful manner, in accordance with current legislation and, in particular, the User pledges to refrain from:
(i) Using them for purposes or with effects contrary to the law, morals, generally accepted common usage or public policy as well as the instructions received from the Company.
(ii) Using them for purposes harmful to the legitimate rights of third parties.
(iii) Using the content and products and, in particular, the information of any kind obtained through the Website or from the services in order to send advertising, communications for direct sales or any other kind of commercial end, unsolicited messages aimed at a range of people regardless of its objective, as well as refraining from marketing or disseminating this information in any way.
4. LIABILITIES AND LIMITS
The Company cannot guarantee the reliability, usefulness or veracity of the information provided on the Website.
Consequently, the Company does not guarantee and is not liable for:
(i) The continuity of the content of the Website and/or lack of availability or accessibility to the Website or its technical continuity;
(ii) The absence of errors in said content or products;
(iii) The absence of viruses and other harmful components on the Website or its server;
(iv) The invulnerability of the Website and/or the impregnability of the security measures adopted on it:
(v) As the case may be, the lack of utility or performance of the content and services of the Website;
(vi) The damage that any persons may cause to themselves or to a third party as a result of breaching the terms and conditions, rules and instructions that the Company establishes on the Website or through a breach of its security systems;
(vii) Any other damage that may be caused by reasons inherent to the non-functioning or defective functioning of the Website or to the websites to which, as the case may be, links may have been established.
Nevertheless, the Company states that it has adopted all the necessary measures, within its possibilities and the state of the technology, to guarantee the functioning of the Website and prevent the existence and transmission of viruses and other components damaging to the Users.
The Company does its utmost to prevent errors in the content published on the Website. All the content included on the Website is updated, and the Company reserves the power to change it at any time. The Company is not liable for the consequences derived from errors in the content provided by third parties that may appear on the Website.
Any communication or transmission of content that infringes the rights of third parties and whose content is threatening, obscene, defamatory, pornographic, xenophobic, detrimental to the dignity of the person or the rights of children, legal validity or any conduct that incites or constitutes the carrying out of a criminal offense is forbidden.
The inclusion and communication of content by users that is false, inaccurate and which induces or may induce error in other users or the personnel of the Company, in particular the content that is protected by any intellectual or industrial property rights, belonging to third parties, when they do not have the authorization of the owner of these rights, that undermine or discredit the reputation or credit of the Company, that are considered unlawful, deceptive or unfair and/or include a virus or any other electronic element that may damage or impede the functioning of the website, the network, the computer systems of the Company or third parties and/or the access to the Website by the other users are also forbidden.
The Company shall be able to ban from accessing the Website any Users who behave in the way referred to but not limited to this section.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The Company is the owner of or has obtained the corresponding license for the intellectual, industrial and image rights on the content available through it, including but not limited to the texts, designs, graphics, drawings, codes, software, photographs, videos, sounds, databases, indexes, images, brands, logos, expressions and information and, in general, any other creation protected by the national rules and international treaties on intellectual and industrial property (hereinafter, jointly, the Content).
All the intangible assets (intellectual work, content, information, videos or images, brands or distinctive signs and, in general, any assets that can be protected by industrial and intellectual property laws) made available to the public through this website and which are not owned by the Company are included on this website after receiving authorization from their legitimate owners and/or complying with the legislation and regulations in force.
In that sense, some intellectual work (images) designed by Freepik (Graphic Resources, S.L.) is made available through this website to the public which strictly complies with the terms and conditions of use of the supplier (Freepik) regarding the use of the images it supplies.
All intellectual and industrial property rights on the Content are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute in any form all or part of the Content included on the Website for public or commercial purposes without the prior authorization expressly and in writing from the Company or, as the case may be, the owner of these rights.
The access and browsing by the User of the Website in no case is to be understood as a release, transmission, license or granting, in full or in part, of the rights stated above by the Company.
Consequently, it is not permitted to suppress, elude or manipulate the notice of copyright and any other identification data regarding the rights of the Company or its owners included in the Content, as well as the technical protection devices, fingerprints or any mechanisms of information and/or identification that may be contained therein.
The references to commercial or registered names or brands, logos or other distinctive signs, whether they are owned by the Company or by third parties, implicitly forbid their use without the consent of the Company or its legitimate owners. At no time, unless expressly stated, does access to or use of the Website and/or its Content confer upon the User any rights over the brands, logos and/or distinctive signs included in it that are protected by law.
6.1 Links from our Website to other websites
The Company may provide links, directly or indirectly, to resources or websites on the Internet beyond its own Website. The presence of these links on the Website is for information purposes and in no case do they constitute an invitation to the hiring of products and/or services offered or which may be offered on those websites, nor does this imply a mercantile or dependent link or relationship with the owner of the website to which it is linked. In such cases, the Company shall not be liable for establishing the general and specific terms and conditions to be taken into account in the use, provision or hiring of such services by third parties and, therefore, it shall not be considered to be liable for them.
The Company does not have the capability or the human or technical means to know, control or approve all the information, content, products or services provided by other websites that may establish links from the Website. Therefore, the Company shall not be liable for any aspect of the websites that may establish a link from its own Website, specifically, though not limited to, the quality and the reliability of their products and services, their own links and/or any of their content in general.
Nevertheless, in the event that the Company is aware that the activity or information forwarded from said links is unlawful, constitutes a crime or may harm the assets or rights of a third party, it shall act with the necessary diligence to suppress or disable the corresponding link as quickly as possible.
Similarly, if Users are aware of unlawful activities carried out through the websites of third parties, they must immediately inform the Company so that it may disable the access to this link.
6.2 Links from other websites to our Website
If any User, company or website wishes to establish any kind of link with our Website, they must abide by the following stipulations:
(i) They must obtain prior expression authorization in writing from the Company.
(ii) The link may only be directed to our Website’s home page, except when expressly authorized otherwise.
(iii) The link must be absolute and complete, that is, it must take the User, by way of a click, to the home page and must take up the entire extension of the screen of the Website’s home page. In no case, except when the Company authorizes otherwise, will the website from which the link is made be able to reproduce our Website in any way, include it as part of its website or within any of its frames or create a browser on any of the Website’s pages.
(iv) The website from which a link is established must not in any way state that the Company has authorized the link without this having been done. If the company that makes its link from its website to our Website correctly wishes to include on its website the brand, name, trade name, label, logo or any other identifying sign of the Company and/or of the Website, it must have prior express authorization from the Company in writing.
(v) In any case, the Company forbids establishing a link to our Website from the websites that contain material, information or content that is unlawful, illegal, degrading, obscene and, in general, which contravene morals, public policy, current legislation, generally accepted social rules or which are harmful to the legitimate rights of third parties.
When it is necessary for the User to register or provide personal data (inter alia, with the aim of accessing services, requesting information or making queries), the personal data shall be collected and treated in accordance and compliance with the principles envisaged in the Spanish Data Protection Act 15/1999 of December 13 (LOPD). In any case, the data thus collected shall be included in a file for which the Company is responsible.
Where appropriate, the Users shall be properly warned of the need to provide their personal data and be informed of the treatment of each of the forms in which the data are collected.
In the event that an email address or other form of electronic communication is provided, the Users expressly authorizes that this medium may be used by the Company as a means of communication in order to answer their request and/or query, as well as to be able to convey information related to the Company and inform of any relevant changes that may occur on the Website. The Users guarantee that the data that they provide are truthful, accurate, complete and updated.
In the event that third-party data are provided, the person who provides them guarantees that those third parties have been informed of the terms and conditions of this section.
Such data are treated in accordance with the aforementioned principles and, in particular, subject to the duty of confidentiality and secrecy; the Company has adopted suitable security measures to prevent any alteration, loss, unauthorized access or damage to the personal data and registered information.
Likewise, we hereby inform you that your data, only if necessary, can be sent to the investees of the EYSA Group to comply with the stated purposes.
Users can exercise their rights of access, rectification, cancellation and opposition (A.R.C.O.) under the legal terms by writing to ESTACIONAMIENTOS Y SERVICIOS, S.A.U., c/ Cardenal Marcelo Spínola, 50-52, 1ª. planta, 28016 (Madrid, Spain), for the attention of “Protección de datos” (“Data Protection”), or by sending an email to firstname.lastname@example.org, duly accrediting their identity with a copy of their identity document.
Pursuant to the Spanish Act 34/2002 of 11 July on the Information Society and Electronic Commerce Services, in the event that Users do not wish to receive electronic commercial communications in the future or wish to unsubscribe from the newsletter system, they can state this wish by sending an email to email@example.com (each email also establishes the possibility of unsubscribing).
The Company has profiles on the main social media (Facebook, LinkedIn, etc.); therefore, it is responsible for the file in all the cases of the data of its followers, fans, subscribers and commentators. The Company shall treat such data as allowed for corporate profiles in each social media account. The Company can inform its followers through any way that the social media allow about its activities, services, etc. The Company shall not extract data from the social media accounts in any case.
9. DURATION AND AMENDMENTS
The Company reserves the right to amend this Legal Notice and/or the specific terms and conditions that, as the case may be, have been established for the use and/or hiring of the products or services provided through the Website when it considers this to be timely or aimed at conforming to legislative and technological changes, these being valid and taking effect as of their publication on the Website.
Therefore, the temporary validity of these terms and conditions of use coincide with the time that they are displayed and until they are amended in full or in part, at which time the amended terms and conditions of use shall be valid.
The Company can terminate, suspend or interrupt access to the website content at any time without the need for prior warning and without the possibility of the User demanding any kind of indemnity. After this termination, the prohibition to use the content, as set out above in this Legal Notice, shall remain valid.
Any communications between the Company and the User must be sent to ESTACIONAMIENTOS Y SERVICIOS, S.A.U., c/ Cardenal Marcelo Spínola, 50-52, 1ª. planta, 28016 (Madrid, Spain) and/or to comunicación@eysaservicios.com.
In any case, communications from the Company to the User shall be made according to the contact details provided or facilitated. The User expressly accepts the use of email as a valid procedure for exchanging information and sending communications between and/or with the Company.
11. GENERAL CONSIDERATIONS
The headings of the clauses are only for information purposes and shall not affect, qualify or modify the construal of the Legal Notice.
In the event of any discrepancy between what is set out in this Legal Notice and the specific terms and conditions that, as the case may be, are established with respect to the products or services offered on the Website, the provisions of the specific terms and conditions shall prevail.
In the event that any provisions in this Legal Notice are considered null or inapplicable, in full or in part, by any court, tribunal or any competent administrative body, this nullity or inapplicability shall not affect either the other provisions of the Legal Notice or the specific terms and conditions that, as the case may be, have been established.
In the event that the Company does not exercise or execute any rights or provisions included in this Legal Notice, this does not mean that it waives them, unless there is an acknowledgement and agreement in writing on its part.
12. APPLICABLE LEGISLATION AND COMPETENT COURTS
This Legal Notice and the relationships established between the Company and the User, in particular the knowledge and resolution of any litigations, discrepancies or differences that may arise, shall be governed and resolved in accordance with the applicable Spanish regulations and competent jurisdiction.
Nevertheless, in the cases where the regulations envisage the possibility of the parties submitting to a jurisdiction, the Company and the User, with the express waiver of any other jurisdictions that correspond to them, shall submit any controversies and/or litigations to the courts and tribunals of the registered office of the Company as stated in this Legal Notice.
© 2013 ESTACIONAMIENTOS Y SERVICIOS, S.A.U. All rights reserved.
This legal notice was revised in March 2017.