These provisions regulate the use of the Internet portal service (hereinafter, the “Portal”) that the entity Bimetica Parametric Design Services, S.L. (hereinafter, Bimetica) makes available to Internet Users.
Paraproy © is a trademark of Bimetica Parametric Design Services, S.L., hereinafter Paraproy.
Paraproy is a portal with e-commerce features owned by Bimetica
1) CONDITIONS OF ACCESS AND USE OF THE PORTAL.
Access to the website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the Client.
The products offered on the portal will be paid, except those that are advertised as free.
Some Portal services accessible to Internet Clients may be subject to particular conditions, regulations and instructions that, where appropriate, replace, complete and / or modify this Legal Notice and the legal documents of the Portal, which must be accepted by the Customer before beginning the corresponding service.
2) INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents of the Portal, understood as a way of example only texts, electronic files, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design, content files and codes source (hereinafter, the “Contents”), are the intellectual property of Bimetica or third parties, in which case it will be reflected on the website of the Portal.
The violation of intellectual property rights by the professional or end user (property), will entitle Bimetica either in its own name or from third parties (portal collaborators) to sue and demand in an international environment the fulfillment of the rights Intellectual property, and the case may require compensation of up to 100,000 Euros plus judicial, processing and tax expenses.
The trademarks, trade names or distinctive signs are the property of Bimetica or third parties, without it being understood that access to the Portal attributes any rights over said trademarks, trade names and / or distinctive signs.
3) CONDITIONS OF USE OF THE PORTAL
The Client undertakes to make proper use of the Portal in accordance with the Law and this Legal Notice. The Client will liable to Bimetica or third parties for any damages that may be caused as a result of breach of said obligation.
It is expressly forbidden to use the Portal for harmful purposes of goods, interests of Bimetica or third parties ,or that in any other way overload, damage or disable networks, servers and other computer equipment (hardware) or products and computer applications (software) of Bimetica or third parties.
The Client undertakes to use the Contents in accordance with the Law and this Legal Notice, as well as with the other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1 and 2.
With a purely enunciative and non-limiting nature, the Client in accordance with current legislation and the legal texts of the Portal must refrain from:
- a) Provided that the Client does not use electronic files for the actual professional purpose, such as the office of architect, engineer, interior designer, builder or similar; will refrain from reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents except in cases authorized by law or expressly consented to by Bimetica, or by those who hold the ownership of the exploitation rights in their case.
- b) The provision of third parties that are not the final Client of the Portal´s Client. It will be understood that the final Client is an individual or legal organization that may have the final property of the project (Electronic file).
- c) Extract and / or reuse all or a substantial part of the Contents of the Portal as well as the databases that Paraproy makes available to the Client, for commercial use equal to, or similar to, those provided by the Portal from which represent a direct or indirect competition.
- d) The Client acquires a non-exclusive license and international use on the electronic file. The Client may not sub-license, resell, rent, lend, provide access, assign, give or transfer or otherwise distribute to a third party other than their final Customer.
Bimetica warns that it can use data authentication mechanisms that allow to securely verify your identity. Bimetica reserves the right to inform the State Security Authorities and Bodies of fraudulent attempts at impersonation in the hiring of its services.
3.3.- DATA COLLECTION FORMS
Without prejudice to the provisions of clause 5 of this Legal Notice, the use of certain services or requests addressed to the Portal are subject to the prior completion of the corresponding Customer registration through the contact form.
All information provided by the Client through the Portal forms for the above purposes or any other must be true. For these purposes, the Client guarantees the authenticity of all the data that he communicates and will keep the information provided to Bimetica perfectly updated so that it equates, at all times, to the real situation of the Client. In any case, the Client will be solely responsible for any false or inaccurate statements made, and for the damages caused to Bimetica or to third parties for the information provided.
3.4.- INTRODUCTION OF LINKS TO THE PORTAL
The Internet user who wants to introduce links on their own web pages to the Portal must comply with the conditions detailed below; without their ignorance avoiding the responsibilities derived from the Law. The link will only link to the homepage or main page of the Portal, or product page, but you will not be able to reproduce it in any way (offline links, copy of the texts, graphics, etc.).
It will be prohibited in any case, in accordance with the applicable legislation and in force at any time, to establish frames or frames of any kind that surround the Portal or allow the visualization of the Contents through Internet addresses other than those of the Portal and, in In any case, when they are visualized together with contents outside the Portal in such a way that: (I) produces, or may produce, error, confusion or deception in the clients about the true origin of the service or Contents; (II) suppose an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the brand and prestige of Bimetica; or (IV) in any other way is prohibited by current legislation.
In any case, if the internet user would like to promote the portal, or product pages, through frames he or she must have the explicit authorization of Bimetica.
No false, inaccurate or incorrect statements about Bimetica, its partners, employees, customers or the quality of the services it provides will be made from the page that introduces the link.
In no case, it will be expressed on the page where the link is located that Bimetica has given its consent for the insertion of the link or that otherwise sponsors, collaborates, verifies or supervises the services of the sender.
It is forbidden to use any word mark, graphic, mixed media, or any other distinctive sign of Bimetica within the sender’s page except in cases allowed by law or expressly authorized by Bimetica and provided that, in these cases, a link is allowed Direct with the Portal in the manner established in this clause.
The page that establishes the link must faithfully comply with the law and may not in any case have or link to its own or third-party content that: (I) is illegal, harmful or contrary to morality and good customs (pornographic, violent, racist, etc.); (II) induce or may induce in the Client the false conception that Bimetica subscribes, endorses, adheres or in any way supports, the ideas, manifestations or expressions, lawful or illegal, of the sender; (III) are inappropriate or not relevant to the activity of Bimetica in attention to the place, content and theme of the sender’s website.
Electronic files: These are those that the Portal makes available to the Client to be downloaded. The format may be diverse, but not limited to those mentioned (rfa, gdl, ifc, pdf, dwg, etc). These files are the representation of project’s parts or entire projects.
Collaborators: They are professionals or companies that have outsourced Bimetica for the partial or total development of electronic files. These collaborators pass Bimetica standards and quality control in order to offer the best possible product.
4) EXCLUSION OF LIABILITY AND GUARANTEES
4.1.- OF THE INFORMATION
The contents of this page are general and informative and do not constitute, in any way, the provision of a professional consulting service of any kind, so that this information is insufficient for personal, professional or business decisions by the client’s.
Bimetica is not responsible for the decisions taken from the information provided on the Portal or for any damages that may occur to the Client or third parties due to actions that have the sole basis of the information obtained on the Portal. Bimetica will not be responsible either directly or indirectly, in whole or in part, for losses and costs that may arise due to a third party claim against the Portal Client.
The Client undertakes, in accordance with the preceding paragraph, to keep Bimetica, its employees, shareholders, directors, managers, collaborators, product manufacturers and suppliers, free from harm in respect to any damage or loss caused by improper use of the products. electronic files
4.2.- OF THE QUALITY OF THE SERVICE
Access to the Portal does not imply the obligation of Bimetica to control the absence of viruses, worms or any other harmful computer element. It corresponds to the Client, in any case, the availability of adequate tools for the detection and cleaning of harmful computer programs.
Bimetica is not responsible for the damages caused to the computer equipment of the Clients or third parties during the provision of the Portal service.
4.3.- ON THE AVAILABILITY OF THE SERVICE
Access to the Portal requires third-party services and supplies, including transportation through telecommunications networks whose reliability, quality, continuity and operation does not correspond to Bimetica. Therefore, the services provided through the Portal may be suspended, canceled or inaccessible, prior or simultaneous to the provision of the Portal service.
Bimetica is not responsible for any damages or losses of any kind caused to the Client because of failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during the provision of the same or prior.
4.4.- OF THE CONTENTS AND SERVICES LINKED THROUGH THE PORTAL
The Portal’s access service includes technical link devices, directories, and search tools that allow the Client to access other Internet pages and portals (hereinafter, “Linked Sites”). In these cases, Bimetica acts as an intermediary service provider in accordance with article 17 of Law 34/2002, July 11, on Services of the Information Society and Electronic Commerce (LSSI) and will only be responsible for the contents and services provided on the Linked Sites to the extent that its aware of the illegality and has not deactivated the link with due diligence. In the event that the Client considers that there is a Linked Site with illegal or inappropriate content, he may notify Bimetica in accordance with the procedure and the effects established in clause 6, without in any case entailing this communication the obligation to withdraw the corresponding link.
In no case, the existence of Linked Sites must presuppose the existence of agreements with the managers or owners thereof, nor the recommendation, promotion or identification of Bimetica with the manifestations, contents or services provided.
Bimetica does not know the contents and services of the Linked Sites and therefore is not responsible for the damages caused by the illegality, quality, expiry, unavailability, error and uselessness of the contents and / or services of the Linked Sites or any other damage that is not directly attributable to Bimetica.
4.5.1.- Legal guarantees
Bimetica guarantees that internally downloadable electronic files have been developed with legal software complying with the instructions of its manufacturer, respecting copyright, trademark or other intellectual property rights.
Likewise, Bimetica will require its employees to comply with current legislation on intellectual and industrial property, respecting the legal software license rights and other related rights. However, Bimetica will not be liable for potential fraud that may be incurred by its collaborators, collaborating at all times with public authorities and agents, software owners and Clients, if the cause of damage to intellectual property rights is demonstrated.
4.5.2.- Technical guarantees
Bimetica, will ensure that electronic files meet the basic technical usability requirements. In the event that the electronic file does not work correctly or has a functional problem, the Client may request the repairing of the file from Bimetica, after contacting the e-mail firstname.lastname@example.org.The Client must duly justify the functionality error identifying which elements are in conflict; Our technical team will analyze the case and communicate its analysis and feasibility of the claim. Claims whose purpose is stated in opinion will not be accepted, only those of functional errors.
Bimetica in the case of not being able to repair the electronic file according to the technical guarantee (clause 4.5.2.) Will make the corresponding refund to the Client. Likewise, the Client undertakes to return and / or destroy or eliminate and not to use the electronic file subject to the claim of refund under any form or pretext. The refund will be made 30 days after the resolution of the case.
5) COMMUNICATION OF ILLICIT AND INAPPROPRIATE ACTIVITIES
In the event that the Client or any other Internet users become aware of Linked Sites that refer to pages whose contents or services are illegal, harmful, degrading, violent or contrary to morality, they may contact Bimetica indicating the following:
– Personal data of the caller: name, address, telephone number and email address;
– Description of the facts that reveal the illegal or inappropriate nature of the Linked Site;
– In case of violation of rights, such as intellectual and industrial property, the personal data of the author whose rights are infringed when he is a person other than the communicator. Likewise, He or She must provide the title that proves the legitimacy of the rights holder and, where appropriate, the representation to act on behalf of the owner when he is a person other than the caller;
– A statement that the information contained in the claim is true. The reception by Bimetica of the communication provided for in this clause will not imply, according to the LSSI, effective knowledge of the activities and / or contents indicated by the caller.
6) LEGISLATION AND JURISDICTION.
6.1.- The company will make use of the civil or criminal actions that apply by law, as any improper use of its domain or Web Portal, as well as the improper use of the Content in accordance with the terms of the Legal Notice and legal texts of the Portal . Litigation that may arise in relation to this domain will be governed only by Spanish law.
6.2.- For the resolution of any judicial controversy arising from the interpretation and / or compliance with the Legal Notice, the parties, waiving any other general or special jurisdiction that may correspond to them, or having the residence or domicile of the Client outside Spain , submit to the Courts and Tribunals of Barcelona capital. However, if the Client has his/her residence or domicile in Spain and the consideration of “consumer”, the submission clause described above will not apply, but the applicable jurisdiction will be the one that corresponds to him at any time depending on said consideration.
6.3.- Our entity is attached to Confianza Online (Non-Profit Association), registered in the National Registry of Associations Group 1, Section 1, national number 594400, CIF G85804011, Calle Castelló 24, Esc 1 2nd left, 28001 Madrid (Spain), telephone (+34) 91 309 13 47 and fax (+34) 91 402 83 39 (www.confianzaonline.es).
These general conditions are ruled by the Spanish Law. Likewise, in compliance with the provisions of the Law on Alternative Dispute Resolution, we inform consumers that, as an adhered entity and in the terms of the Code of Ethics, users may go to Confianza Online for the alternative resolution of eventual disputes (https : //www.confianzaonline.es/consumidores/como-reclamar/formulario-reclamaciones/). If these refer to electronic transactions with consumers, or about data protection when they are related to this area, the claims will be resolved by the Online Confidence Mediation Committee, accredited for the alternative resolution of consumer disputes. If the claims concern digital advertising, or data protection related to this area, they will be submitted to the AUTOCONTROL Advertising Jury.
We also remind you that you can access the European Union online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
In the event that Bimetica has provided a translation of the Spanish version in another language of this Legal Notice or any other documentation, the Client accepts that such translation is only provided for the convenience of the Client, said translations not being a legal document. Only the Spanish version of this Legal Notice or any other documentation including future binding documentation will be considered binding and will govern relations with Bimetica.
8) BIMETICA INFORMATION (PARAPROY).
Bimetica Parametric Design Services, S.L., is domiciled at Villarroel Street nº 11 under 1º (C.P. 43820), Calafell, Tarragona, Spain, CIF B-65592925; Registered in the Mercantile Registry of Barcelona; Volume 42626, Document110, Sheet 410653, Inscription 1; Contact phone +34 93-2267322 and contact email email@example.com; is the rightful owner of the Paraproy © brand, the Content Database and the domain https://paraproy.com