Birsary web legal notice

Ownership of the website

This website (hereinafter, the Website) is owned by Birsary Advisory S.L. (hereinafter, the COMPANY).

The domain name(s) through which you have accessed the Web Site is (are) owned by the COMPANY. Such domain name(s) may not be used in connection with other content, products and/or services that are not owned by the COMPANY, or in a manner that may cause confusion among end users or discredit the COMPANY.

For the purposes of this Legal Notice, Users are persons who access the Website and/or submit a request or email to the Website or complete a form on the Website or complete a registration process.

You can contact the COMPANY through the following means:

a. Contact information of the person in charge:

  • Full name: Birsary Advisory S.L. (hereinafter BIRSARY)
  • Registered office: Calle Francisco Silvela 42 (Utopicus), 28028 Madrid, Spain
  • CIF: B88412234

b. Contact details for privacy issues: you can contact us by e-mail: contact@birsary.com

Object

This Legal Notice contains the terms and conditions governing: a) access, navigation and use of the Website; b) the responsibilities arising from the use of the Website and the provision and / or procurement of products or services, if any, may be offered through the Website; and c) the provision and use of the content of the Website. Notwithstanding any provision to the contrary, the foregoing does not prevent the COMPANY from establishing specific conditions governing the use, provision and/or contracting of products or services that, where appropriate, are offered to Users through the Web Site. In any case, these particular conditions will form an integral part of this Legal Notice.

The mere access to the Website, the completion of forms, the sending of requests for information, queries, complaints, recruitment offers, curriculum vitae and, in general, any act of a similar nature to the above carried out through the forms and/or electronic mailboxes on the Website will imply, on your part, the unreserved acceptance of each and every one of the rules included in this Legal Notice and the acquisition of the consideration of User of the Website. Consequently, you must read carefully and know the contents of this Legal Notice.

In case of being offered, through the Web Site, the use, provision and/or contracting of products or services, the fact of being used and/or requested by the User shall also imply the unreserved acceptance of the particular conditions that, if applicable, have been established for this purpose, and which shall form an integral part of this Legal Notice.

Access and use of the website

Access to the Web Site by Users is free of charge.

The mere access to the Web Site does not imply, in itself, the establishment of any type of link or commercial relationship between the COMPANY and the User, except when the appropriate means have been established for this purpose and the User has previously complied with the requirements that, where appropriate, are established. The inclusion in the Web Site of information related to treatments or products or services offered by the COMPANY has exclusively informative and advertising purposes, unless another purpose is expressly established.

If for the use, provision and/or contracting of any product or service offered through the Web Site, the User must register, he/she will be responsible for providing truthful and lawful information, guaranteeing the authenticity of all data entered when filling in the pre-established forms to access the treatment or products or services in question. If, as a result of registration, the User is provided with a password, he/she undertakes to use it diligently and to keep it secret. Consequently, the Users are responsible for the proper custody and confidentiality of any identifiers and/or passwords supplied to them, and undertake not to cede their use to third parties, whether temporary or permanent, nor to allow access to third parties. The use and/or contracting of the products or services by any illegitimate third party who uses a password for this purpose due to a negligent or non-diligent action or the loss of the same by the User shall be the sole responsibility of the User.

In any case, access, navigation and use of the Web Site and, where appropriate, the use or contracting of services or products that are offered through it is done under the sole and exclusive responsibility of the User, so it undertakes to diligently and faithfully observe any additional instructions, given by the COMPANY or by authorized personnel of the COMPANY, regarding the use of the Web Site and its contents.

Therefore, the User undertakes to use the contents, products and services in a diligent, correct and lawful manner, in accordance with current legislation and, in particular, undertakes to refrain from:

  • Use them for purposes or effects contrary to law, morality, generally accepted good customs or public order and the instructions received from the COMPANY.
  • Use them for purposes detrimental to the legitimate rights of third parties.
  • Access and/or use the Web Site for professional purposes or incorporate, as its own business activity, the services and contents of the Web Site.
  • Use the contents and products and, in particular, information of any kind obtained through the Web Site or services to send advertising, communications for direct marketing purposes or for any other commercial purpose, unsolicited messages addressed to a number of persons regardless of their purpose, as well as to refrain from marketing or disclosing such information in any way.

The use or application of any technical, logical or technological resources by virtue of which Users may benefit, directly or indirectly, with or without profit from the unauthorized exploitation of the contents and/or services of the Website is expressly prohibited.

Disclaimer of warranties

The COMPANY is not responsible for and, to the fullest extent permitted by applicable law, excludes any warranties, express or implied, as to the merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, completeness or timeliness of the content, services, products, text, graphics, links or other items included on the website, or the results obtained from accessing and using the website and/or the content thereof.

Accordingly, the COMPANY does not warrant and shall not be liable for:

  • the continuity of the contents of the website and/or the lack of availability or accessibility of the website or technical continuity of the website;
  • the absence of errors in such content or products or that any errors will be corrected;
  • the absence of viruses and other harmful components on the website or on the server that provides it;
  • the invulnerability of the website and/or the impregnability of the security measures adopted therein;
  • if applicable, the lack of usefulness or performance of the contents or services of the website;
  • any damage or harm caused, to himself or to a third party, by any person who violates the conditions, rules and instructions that the COMPANY establishes on the website or through the violation of the security systems of the website;
  • any other damages that may be caused by reasons inherent to the non-functioning or defective functioning of the website or of the websites to which, if applicable, links may have been established.

The COMPANY applies reasonable measures to avoid errors in the contents published on the Web Site. The contents offered through the Web Site are updated periodically and the COMPANY reserves the right to modify them at any time. The COMPANY is responsible for the consequences that may arise from errors in the contents and/or services provided by third parties on the Website.

Any communication or transmission of content to the website that infringes the rights of third parties and/or whose content is threatening, obscene, defamatory, pornographic, xenophobic, offensive to personal dignity or the rights of minors or contrary to current legislation, as well as any conduct by the user that incites or constitutes a criminal offense, is strictly prohibited.

It is also prohibited the inclusion and communication of content, by users, which: (i) are false or inaccurate and that induce or may induce to error to the rest of the users or to the personnel of the COMPANY; (ii) may infringe the rights of intellectual or industrial property, belonging to third parties; (iii) that undermine or discredit the fame or credit of the COMPANY; iv) that are considered as a case of illicit, deceitful or unfair publicity; and/or v) that incorporate virus or any other electronic element that could damage or impede the operation of the web site, the network, computer equipment of the COMPANY or third parties and/or the access to the web site of the rest of the users.

Limitating of linbility and indemnification

The User agrees to hold the COMPANY and any of its affiliates, subsidiaries, branches, officers, directors, employees and agents harmless from and against any claims, liabilities, costs and expenses, including attorneys' fees arising in any way out of the use of the Web Site, the posting or transmission of any message, content, information, software or other materials through the Web Site or for violation of law or the terms and conditions contained in this Legal Notice.

Cancellation of access and use

The COMPANY may, at its sole discretion, deny, withdraw, suspend and/or block at any time and without prior notice access to the Website to those users who violate this Legal Notice, and may delete your registration and all information and files relating to it. The COMPANY will not assume any liability to the user for the cancellation of access to the website for the reasons set forth in this paragraph.

Intellectual and industrial property rights

All intellectual and industrial property rights on the Contents are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the Contents included in the Web Site, for public or commercial purposes, without the prior, express written authorization of the COMPANY or, where appropriate, the owner of the corresponding rights. By way of example, the use of any technology to extract and collect information and contents of the Website is prohibited.

References to names and trademarks or registered trademarks, logos or other distinctive signs, whether owned by the COMPANY or third parties, imply a prohibition on their use without the consent of the COMPANY or its rightful owners. At no time, except for express manifestation the access or use of the Web Site and/or of its Contents, confers to the user any right on the marks, logos and/or distinctive signs included in it protected by Law.

Links

Links from the Web Site to other web pages

The COMPANY may offer links, directly or indirectly, to Internet resources or web pages that are outside the Website. The presence of these links on the Web Site has an informative purpose, not constituting in any case an invitation to purchase products and / or services that are offered or may be offered on the destination web pages or implies the existence of link or business relationship or dependence with the person or entity that owns the linked website. In these cases, the COMPANY will not be responsible for establishing the general and particular conditions to be taken into account in the use, provision or contracting of these services by third parties and, therefore, cannot be held responsible for them.

The COMPANY has no power or human or technical means to know, control or approve all the information, contents, products or services provided by other web pages to which links can be established from the Web Site. Consequently, the COMPANY will not be able to assume any type of responsibility for any aspect related to the web pages to which a link could be established from the Web Site, specifically, by way of example but not limited to, on its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

Notwithstanding the foregoing, in the event that the COMPANY becomes aware that the activity or information to which it refers from such links is unlawful, criminal or may damage property or rights of a third party, will act with due diligence to remove or disable the corresponding link as soon as possible.

Likewise, if the Users had effective knowledge of the illicitness of activities developed through these web pages of third parties, they will have to communicate it immediately to the COMPANY in order to proceed to disable the access link to the same.

Links from other web pages to the Web Site

If any User, entity or web page wishes to establish any type of link to this Web site, it must abide by the following stipulations:

  • It must obtain the prior, express and written authorization of the COMPANY.
  • The link may only lead to the home page of the Web Site, unless expressly authorized otherwise.
  • The link must be absolute and complete, that is to say, it must take the User, by means of a click, to the home page and must completely cover the entire extension of the screen of the home page of the Web Site. Under no circumstances, unless otherwise authorized by the COMPANY, the web page from which the link is made may reproduce, in any way, the Web Site, include it as part of its web or within one of its "frames" or create a "browser" on any of the pages of the Web Site.
  • In the web page from which the link is established, it will not be possible to declare in any way that the COMPANY has authorized such a link, without this having been the case. If the entity that makes the link from its page to the Web Site correctly wishes to include in its web page the brand, denomination, commercial name, label, logo, or any other identifying sign of the COMPANY and/or the Web Site, it must previously have the prior, express and written authorization of the COMPANY.
  • In any case, the COMPANY prohibits the establishment of a link to the Web Site from those web pages that contain materials, information or contents that are illicit, illegal, degrading, obscene, and in general, that contravene morality, public order, current legislation, generally accepted social norms or are harmful to the legitimate rights of third parties.

Privacy Policy

When it is necessary for the User to register or provide personal data (among others, to access services; request information; send queries, complaints or recruitment applications; send curriculum vitae), the User will be warned of the need to provide personal data.

n any case, the collection and processing of personal data will be carried out subject to the principles and obligations of the applicable regulations on data protection, and in accordance with the provisions of the Privacy Policy, which is an integral part of this Legal Notice.

Duration and modification

The COMPANY reserves the right to modify any terms and conditions of this Legal Notice without prior notice and/or the particular conditions that, where appropriate, have been established for the use and/or contracting of the products or services provided through the Web Site, when it deems appropriate, for business reasons or in order to adapt to legislative and technological changes, being valid and taking effect from the publication on the Web Site.

The temporary validity of these conditions of use coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the modified conditions of use will become effective.

The COMPANY may terminate, suspend or interrupt, at any time without prior notice, access to the published contents, without the possibility for the User to demand any compensation. After such termination, the prohibitions of use of the contents, previously exposed in this Legal Notice, will remain in force.

Communications

Any communication between the COMPANY and the User, the latter should be addressed to the COMPANY at the postal and/or electronic address indicated above. In any case, the communications from the COMPANY to the User will be made in accordance with the contact data provided or provided. The User expressly accepts the use of electronic mail as a valid procedure for the exchange of information and the remission of communications between and/or with the COMPANY.

General

The headings of the various clauses are for information purposes only, and shall not affect, qualify or modify the interpretation of the Legal Notice.

In the event of any discrepancy between the provisions of this Legal Notice and the particular conditions that, if applicable, may be established with respect to the products or services offered on the Web Site, the provisions of the particular conditions shall prevail.

In the event that any provision(s) of this Legal Notice is (are) deemed void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such invalidity or unenforceability shall not affect the other provisions of the Legal Notice or any special conditions that may have been established.

The failure of the COMPANY to exercise or enforce any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by the COMPANY.

Applicable law and competent courts

This Legal Notice and any relationship arising out of or in connection with its acceptance shall be governed exclusively by applicable Spanish law.

The competent courts to resolve any dispute arising out of or related to this Legal Notice and/or any relationship arising from its acceptance shall be determined according to applicable law and shall correspond to those of the domicile of the COMPANY.

Last version: January 2023

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