This legal notice (hereinafter, the “Legal Notice”) regulates the use of the website www.masa.eu (hereinafter, the “Website”), which is owned by MASA CAPITAL, S.L.
1.Ownership of the Website.
The owner of the Website is MASA CAPITAL, S.L. (“MASA Group”), with tax identification number B-03118767, address at Calle Princesa, 2, 1º – 5, 28008, Madrid, and contact e-mail address LOPD@masa.eu. MASA Group is duly registered in the Mercantile Register of Madrid in Volume 29566, Folio 160, Page 532110, Section 8 and Inscription I/A 1.
For the purposes of what is described in this Legal Notice, the MASA Group is understood to be MASA CAPITAL, S.L., as well as its subsidiaries, group companies and their staff and representatives.
The information contained on the website refers to the services offered by the MASA Group in accordance with the regulations in force in Spain. The information contained on the Website is for information purposes only and is merely informative, and in no way constitutes any obligation for those accessing the Website (hereinafter, “the User(s)”).
This Legal Notice regulates the access and use of the Website by Users and shall be complemented by any other legal texts that regulate any functionality, service, process, application, platform or means necessary for the use of the Website or the services described.
By accessing this Website, the User accepts this Legal Notice and declares and guarantees that the applicable legislation and regulations allow him/her to access the Website and that he/she will make correct use of the Website in accordance with the law, good faith, public order, traffic uses and this Legal Notice. The User shall be liable to the MASA Group or to third parties for any damages that may be caused as a result of non-compliance with this obligation.
For the purposes of this Website, User is understood to be any natural or legal person who accesses and browses the Website. The condition of User implies full and unreserved acceptance of each and every one of the provisions included in this Legal Notice, which may undergo modifications. Access to the Website also implies that the User accepts that this information shall apply to any subsequent access to this Website and that such subsequent accesses shall be subject to the disclaimers, risk warnings and other information contained herein.
3.Purpose and Scope.
The purpose of the Website is to provide Users with information on the services of the MASA Group.
To this end, the MASA Group grants a non-exclusive, non-sub-licensable and non-transferable licence to Users to use the Website and the functionalities, content and other functions available, which shall be subject to the rest of the Legal Notice of the Website and the applicable regulations.
4.Intellectual and industrial property.
All intellectual and industrial property rights over the information, texts, data, graphics, photographs, designs, software, trademarks, trade names, signs and other contents of the website are the property of the MASA Group and/or its licensors. Therefore, their use, reproduction, transmission, transformation, modification, distribution, publication or exploitation in any way by the User is prohibited, except as part of the Website service in accordance with the Legal Notice.
The User acknowledges and accepts that the use of the Website does not imply the transfer of any intellectual or industrial property rights, such as copyright, trademarks, domain names, designs, patents, utility models, know-how or other rights over the Website; nor does it constitute any authorisation for the creation of developments derived from the Website, except for the limited, non-exclusive, non-transferable and free licence of use granted to Users of the Website in accordance with this Legal Notice.
In short, Users accessing the Website may view the contents and make, where appropriate, authorised private copies provided that the elements reproduced are not subsequently transferred to third parties, nor are they installed on servers connected to networks, nor are they subject to any type of exploitation.
The distribution, modification, transfer or public communication of the contents and any other act that has not been expressly authorised is prohibited.
At any time and for any reason, the MASA Group may terminate the User’s right to use all or any part of the Website. You may not infringe or attempt to infringe the security of the Website.
5.Conditions of access and use.
The Website is freely accessible and free of charge; however, the MASA Group makes the use of some of the services offered on the Website conditional upon prior request and completion of the corresponding form.
The User guarantees the authenticity and timeliness of all data provided to Grupo MASA and shall be solely responsible for any false or inaccurate statements made.
The User expressly undertakes to make appropriate use of the contents and services of the MASA Group and the Website and, in particular, not to use them or distribute information through the Website to, among others:
Disseminate contents that are criminal, violent, pornographic, racist, xenophobic, offensive, in support of terrorism or, in general, contrary to the law in force, morals, customs or public order.
Transmit or introduce into the network computer viruses or any other harmful component that may damage, limit or harm the Website or any connected network or interfere with its use by other Users, as well as carry out actions that may alter, copy, spoil, interfere with the use of the Website or any other connected network, or interfere with the use of the Website by other Users.
Attempt to access the e-mail accounts of other Users or restricted areas of the computer systems of the MASA Group or third parties and, where appropriate, extract information.
Infringe intellectual or industrial property rights (copyright, domain names, trademarks, etc.), as well as violate the confidentiality of the information of the MASA Group or third parties and personal data protection rights.
Impersonate the identity of another User, public administrations or a third party.
Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the contents, unless authorised by the owner of the corresponding rights or it is legally permitted to do so.
Collect data for advertising purposes and to send advertising of any kind and communications for sales or other commercial purposes without prior request or consent.
Use the website, or part of it, on other private or commercial websites, as well as make commercial use of the website; or establish hyperlinks or hyperlinks to the website or to any of its contents (unless expressly authorised in writing by Grupo MASA), refraining from making false, inaccurate or incorrect statements or indications about Grupo MASA, or including illegal content, contrary to good customs and public order.
Any other activities contrary to the law in force, to this Legal Notice, to morality, good customs or established public order, or for illicit, prohibited or harmful purposes to the rights and interests of the MASA Group or third parties.
The MASA Group reserves the right to block access to certain services of the Website to any User in the event that they infringe the Legal Notice, the rights of third parties or the applicable legislation.
6.Service and guarantees. Linked sites.
The MASA Group shall do everything reasonable to ensure the correct functioning of the website. However, Grupo MASA cannot guarantee the availability of the website or the absence of service interruptions for the purpose of carrying out repair and/or maintenance work on the website or lack of coverage or failures in the equipment and/or networks necessary for data transmission, which are beyond its control. The MASA Group shall take appropriate measures to reduce such interruptions.
Although the MASA Group shall make every reasonable effort to ensure that the information contained on the website is accurate, correct and up-to-date, it should be considered that this information is of a general nature and is for information purposes only. In this regard, the MASA Group does not guarantee the completeness, suitability, accuracy, timeliness, validity or integrity of this information and does not accept any liability arising therefrom.
Furthermore, Grupo MASA reserves the right to correct, improve or modify the website and the information contained therein, whenever it deems appropriate and without prior notice, as well as to suspend access to it in order to carry out maintenance or improvement actions, and shall not be liable for the accuracy, insufficiency or authenticity of the information provided.
The MASA Group excludes, to the extent permitted by applicable legislation, any liability for damages of any kind arising from:
The impossibility of accessing the website or the lack of truthfulness, accuracy, completeness and/or timeliness of the content, as well as the existence of vices and defects of any kind in the content transmitted, disseminated, stored, made available to those accessed through the website or the services offered.
The presence of viruses or other elements in the contents that may cause alterations in the computer systems, electronic documents or data of the Users.
Failure to comply with the law, good faith, public order, traffic uses and this Legal Notice as a result of incorrect use of the Website. In particular, and by way of example, Grupo MASA is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honour, to personal and family privacy and to one’s own image, as well as the regulations on unfair competition, data protection and illicit advertising.
Guarantee of the MASA Group.
The website is presented as it is and neither the MASA Group nor any of the companies in its group guarantee that the services will be uninterrupted and error-free, nor do they guarantee the results obtained from the use of the service.
The MASA Group provides the service without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of satisfactory quality or suitability for a particular purpose or otherwise, except those warranties that are implied and that may not be excluded, restricted or modified by virtue of the applicable legislation.
The Website does not control, in general, the use that Users make of the Website. In particular, the MASA Group does not guarantee under any circumstances that Users use the Website in accordance with the law, this Legal Notice, morality, generally accepted good customs and public order, nor that they do so in a diligent and prudent manner.
Any conditions, warranties or representations not expressly stated in this Legal Notice are excluded to the extent permitted by applicable law.
The User uses the Website at his/her own risk. By accessing the Website, the User undertakes to use it in accordance with the applicable legislation and regulations and to accept this Legal Notice and all its conditions. The User shall be solely liable to the MASA Group and/or third parties for any damage or harm that may be caused as a result of non-compliance with this obligation. In this regard, the MASA Group shall not be held responsible for any damage or alteration to the User’s equipment as a result of the use of the Website and is exempt from any liability.
The User is solely responsible for ensuring that his or her computer system has all the relevant technical specifications necessary to use the Website.
This Website may contain links to other websites and incorporate information and/or services obtained from third parties, in order to facilitate the User’s access to the information of collaborating or sponsoring companies. The MASA Group declines any responsibility for the information contained in these external links that is outside this website and is not managed directly by the MASA Group.
7.Data protection and cookies.
Invalidity of clause.
If any provision or condition of this Legal Notice becomes or is declared illegal, invalid or unenforceable for any reason, such condition or provision shall be deemed deleted without prejudice to the applicability of the remaining provisions of this Legal Notice.
The MASA Group reserves the right to modify or update the information contained herein in the Legal Notice, at any time, when it deems appropriate and without prior notice, and shall not be liable for the accuracy, insufficiency or authenticity of the information provided.
The MASA Group shall publish the new version of the Legal Notice on the Website whenever it changes. The User shall be informed, once he/she accesses the Website again, of any change in the terms of this Legal Notice.
Jurisdiction and applicable law.
The Legal Notice is governed by Spanish common law.
Any dispute that may arise from the use of the Website or the Legal Notice shall be submitted to the competent courts of the city of Alicante and, in the case of a User acting as a consumer, to the court of the domicile corresponding to the User/consumer.
The User, if acting as a consumer, may also submit any dispute arising from or related to this Legal Notice to an alternative dispute resolution (“ADR”) procedure. The list of ADR platforms available from the European Commission can be consulted at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.