1. DOMAIN OWNERSHIP
In compliance with current legislation, users are informed that this domain http://assurancefrontier.es/ belongs to:
OFICINA ESPAÑOLA DE ASEGURADORES DE AUTOMÓVILES
Address: C/ SAGASTA 18 – 7ª PLANTA 28004, MADRID
Tel.:+34 91 446 03 00
Spanish tax ID number: G28075240
Registration: Registry of Associations, Group 1, Section 1, National Number 4346.
Access to and use of the Website confers the status of Website user (hereinafter, the ‘User’) and implies acceptance of all the conditions included in this Legal Notice as well as any of its modifications.
The OFICINA ESPAÑOLA DE ASEGURADORES DE AUTOMÓVILES (hereinafter, ‘OFESAUTO’ or the ‘Company’) reserves the right at any time and without prior notice to modify and update the information contained on the website, its configuration and lay-out and the conditions to access it.
The User, therefore, must read this Legal Notice every time he/she accesses the Website, as the Website and its conditions of use contained in this Legal Notice may have changed. The mere fact of using and browsing the Website will always imply acceptance as a User without any kind of reservations of each and every one of these general access and use conditions.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY
All existing Content on the Website such as but not limited to text, photographs, graphics, videos, images, icons, technology, software, links and other audio-visual or sound content, as well as its graphic design and source code, are the property of OFESAUTO, which has, where appropriate, the right of use and exploitation, and in this sense, they are works protected by applicable national and international intellectual and industrial property legislation in force at any given time, and therefore none of the exploitation rights recognised by current intellectual property legislation can be understood to have been assigned to the User.
Therefore, in accordance with the legislation on intellectual property and the provisions in force at any given time, the total or partial exploitation of any of the content appearing on the website, as well as copying, reproducing, adapting, modifying or transforming the content of the website, as the case may be, distributing and publicly communicating, including making available, all or part of the content for commercial purposes on any platform and by any technical means without the express written authorisation of OFESAUTO is strictly prohibited.
OFESAUTO owns the trademarks, trade names and distinctive signs, without access to the website being understood to grant any right over the aforementioned trademarks, trade names and/or distinctive signs.
Therefore, simple access by the User to the website implies his/her commitment to respect the intellectual and industrial property rights OFESAUTO owns.
3. HYPERLINKS AND/OR LINKS
The content of the website may include links to other websites managed by third parties to facilitate the User’s access to interchangeable information over the Internet.
OFESAUTO is not liable for the existence of links between third parties and other external websites, and the links that may be provided on the Website are for the User’s information only, and in no case would place OFESAUTO in a position of guarantor and/or offering party of the services and/or information that might be provided to third parties by the links. Therefore, OFESAUTO waives any and all liability for any damages caused by the unlawfulness, quality, unavailability, error or uselessness or being out-of-date of the content and/or services of the Websites or for any other damage.
Therefore, OFESAUTO waives liability for the services and/or information provided on other web pages linked to this website. If you as the User consider that there is a Site that links to illicit or inadequate content, you may notify OFESAUTO by e-mail.
Finally, placing hyperlinks for advertising, commercial or association purposes to web pages not owned by OFESAUTO that allow access to OFESAUTO’s website without consent and/or express authorisation is prohibited. If OFESAUTO were to give its authorisation, conditions for adding links from its pages to the OFESAUTO website would be established.
4. TERMS AND CONDITIONS OF USE OF THE WEBSITE
4.1 General
The User acknowledges and accepts that access to and use of the Website is free and voluntary and carried out at his/her own risk.
Therefore, the User undertakes to use the Website correctly and lawfully, in accordance with the Law, this Legal Notice and good faith and public order, refraining from using the Website in any way that may impede, damage or deteriorate the normal operation, goods, rights or interests of OFESAUTO, its suppliers, other users or in general any third party or that in any other way overload, damage or render non-operational OFESAUTO’s or third parties’ networks, servers or other computer equipment (hardware) or products and computer applications (software), for which the User will be liable to OFESAUTO or to third parties for any damages that may be caused as a consequence of the non-fulfilment of these obligations.
During the User’s use of the Website, the following actions, which may be modified, are also prohibited, including but not limited to:
- The use of computer viruses or any file or program designed to interrupt, damage or limit the operation of the Website, any of OFESAUTO’s services or networks, any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to OFESAUTO’s or any third party’s data or other information.
- Impersonate, interfere with or interrupt the service, the servers or the networks connected to the services or breach any of the requirements or regulations of the networks connected to the services.
- Use false identities and impersonate others when using the Website or any of its services, or use third parties’ passwords or access codes or in any other way.
- Falsify or alter any OFESAUTO information.
- Enter, store or disseminate on the Website any information contrary to the law, regulations, customs or public order, as well as any material that may be defamatory, offensive, obscene, threatening, xenophobic, that incites to violence, discrimination on grounds of race, sex, ideology or religion, or that in any way violates morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties or in general the regulations in force.
- The User shall not use the Website to carry out acts that support, incite or promote illegal or criminal acts.
- Carry out advertising or commercial exploitation activities through the Website and use the content and information to send advertising, send messages for any other commercial purpose or collect or store third parties’ personal data.
- Collaborate with a third party to carry out any of the aforementioned activities.
4.2 In relation to the content and intellectual and industrial property, apart from those stated in the corresponding section, the following:
- Not to alter, reprogram, modify, adapt or translate the website’s source code.
- Any partial or total reproduction of the Website’s source code on any platform will be considered an unauthorised copy.
- Reproducing or copying the content that may be considered software or databases for private use in accordance with current legislation on intellectual property, as well as its public communication or making it available to third parties, when these acts necessarily imply reproduction by the User or a third party, is prohibited.
- Not to enter, store or disseminate through the Website any content that infringes the intellectual or industrial property rights or business secrets of third parties or in general any content that you do not hold, in accordance with the law, the right to make available to third parties.
- Not to collaborate with a third party to carry out any of the behaviours described.
5. LIABILITY WAIVER
OFESAUTO will in no case be liable for the circumstances listed below, among others, or for any damages that may arise from them.
OFESAUTO waives liability for the delay, deletion, erroneous delivery or failure to save User communications or personal configurations.
OFESAUTO waives liability for the decisions taken on the basis of the information supplied on the Website and for damages caused to the User or third parties as a result of actions whose only basis is the information obtained from the Website.
The Website’s use is subject to all applicable regulations and the User shall be solely liable for the content of their communications over the Website.
Access to the Website does not imply any obligation on the part of OFESAUTO to control the absence of viruses, worms or any other harmful computer element. It is the User’s responsibility, in all cases, to ensure the availability of adequate tools for the detection and disinfection of harmful computer programs.
OFESAUTO is not responsible for the damages produced to Users’ or third parties’ computer devices while providing the Website’s service.
OFESAUTO does not guarantee nor is it liable in any cases for damages of any nature that may derive from access to or use of the content or of the Website.
OFESAUTO waives liability for:
- Possible security errors that may occur due to the use of computers infected by computer viruses;
- The third-party use of elements owned by OFESAUTO that mix up their personalities;
- Infringements of industrial and intellectual property rights by third parties;
- Third parties’ non-compliance that may affect the users of the OFESAUTO Website;
- The lack of operation of the Website or of any of its services for reasons beyond OFESAUTO’s control;
- The consequences derived from browser malfunctioning or from the use of un-updated version of the browser;
- The existence of viruses or malicious or harmful programs in the content;
- The illicit, negligent, fraudulent use, contrary to the terms of this Legal Notice or to good faith and public order, of the Website or its content on the part of the Users;
- Damages of any kind caused to the User as a result of failures or disconnections in telecommunications networks, computer failures or other electronic systems that lead to the suspension, cancellation or interruption of the Website’s service during or prior to its provision;
- On the content and services linked through the Website, please see the provisions of section 3 of this Legal Notice concerning Hyperlinks and/or Links.
6. QUERIES, COMPLAINTS AND NOTIFICATION OF ILLEGAL OR INAPPROPRIATE ACTIVITIES
For any suggestion, query, complaint or claim, the User may contact OFESAUTO using the current communication channels:
Company name: OFICINA ESPAÑOLA DE ASEGURADORES DE AUTOMÓVILES
Address: C/ SAGASTA 18 -7ª PLANTA 28004, MADRID
Tel: +34 91 446 03 00
E-mail: ofesauto@ofesauto.es
The aforementioned communication channels can also be used by any User who discovers that linked Sites refer to pages with illicit, harmful, denigrating, violent or contrary-to-morality content or services to notify OFESAUTO.
Furthermore, OFESAUTO’s reception of any communication does not imply, according to the provisions of Spanish Law 34/2002, effective knowledge of the activities and/or content indicated by the User as the communicating party.
7. LEGISLATION AND COMPETENT JURISDICTION
This Legal Notice is governed in each and every one of its aspects by the national legislation in force at any given time for the resolution of any controversy in relation to this Legal Notice or the relationship between them.
In the event of any conflict or discrepancy arising from the interpretation or application of these legal conditions, the courts or tribunals provided for in the applicable legal regulations regarding competent jurisdiction will hear the matter; however, if the User is domiciled outside Spain, competence will correspond to the courts and tribunals of the place of residence or domicile of the insured person.
Otherwise, he/she may decide to access the alternative extrajudicial dispute resolution platform provided by the European Commission, available on the website http://ec.europa.eu/odr.
