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DEFINITIONS
In these Conditions, unless the context requires otherwise, the following terms and expressions will have the meanings indicated below: The COMPANY López Cristóbal, S.A. “THE CLIENT” Any person, company, association or other such entity that wishes to enter into a contract for use of the Database of international commercial reports on the López Cristóbal website.
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PURPOSE
The purpose of this Contract is to grant the CLIENT a Licence to Use the Database belonging to the COMPANY.
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LIMITATIONS OF USE
The CLIENT guarantees unreservedly that they will neither transmit nor disclose this information to any person or persons not expressly employed by the CLIENT, either in whole or in part, freely or onerously. Under no circumstances may the CLIENT transfer, sub-license, sell or undertake any other act of disposal of the information, whether freely or onerously, or extract or reuse any, all or part of the contents of the reports, without prejudice to the provisions under current legislation in relation to intellectual property.
It is expressly prohibited for the CLIENT to reproduce, copy, transform, modify or under any procedure whatsoever modify the information contained within the Database, either partially or totally, free of charge or onerously.
The CLIENT shall refrain from requesting information in the knowledge that it will be used by third parties, and shall also refrain from voluntarily or negligently allowing third parties to make similar such requests.
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ACCESS
Access to the López Cristóbal Database will be via online connections. To this end, López Cristóbal will provide the CLIENT with an exclusively personal, strictly confidential access code.
The CLIENT will take all necessary measures in order to maintain the confidentiality of this access code, and López Cristóbal will not be held responsible for the consequences of any use of the Database access code by unauthorised third parties. If the CLIENT believes that the code no longer remains confidential, they may ask López Cristóbal to change/reset the access code accordingly.
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INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights pertaining to the Database belong to López Cristóbal.
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TERMINATION
López Cristóbal may terminate this Contract in the event of non-compliance by the CLIENT with any of their obligations contained herein, reserving the right to withdraw access to the service at any time.
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RESPONSIBILITIES
López Cristóbal compiles the information contained in the Database from information sources whose data is presumed to be correct. López Cristóbal makes every possible effort to ensure the accuracy and veracity of the information, but given there is an immense amount of detailed data when compiling the Databases, reports and other such information, and given the data is obtained from sources beyond the control of López Cristóbal, the company assumes no responsibility for any errors, inaccuracies or omissions contained within the information provided. In the event that errors and/or inaccuracies are detected in the Database, the sole obligation of López Cristóbal, following any verifications deemed appropriate, will be to implement the appropriate corrections within the Database.
Except for the obligation to correct as referenced in the previous section, López Cristóbal assumes no responsibility/liability for any errors or omissions included in the Database, and in particular will not be liable for damages of any kind that may derive from the CLIENT having relied on the accuracy of the Database. To this effect, the parties agree that the Database is just one of the elements to be taken into account when making business decisions and that due business diligence advises against making business decisions based, exclusively or mainly, on information contained within the Database.
The COMPANY’s liability, together with any compensation for damages and payment of interest in the event of non-compliance due to fault or negligence, will be limited to the full amount paid by the CLIENT as consideration for this Contract.
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CONFIDENTIALITY
The licensed information, whatever its medium, will be provided for the sole and exclusive use of the CLIENT, who in turn is obliged to maintain absolute confidentiality in relation to the data conveyed to them and, under no circumstances, may they provide said information or part of it to third parties without the prior written consent of López Cristóbal, with the CLIENT being responsible for any misuse or leaking of the data among their staff or any third party. The duty of confidentiality will continue even after the end of the business relationship with López Cristóbal.
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CONDITIONS
López Cristóbal reserves the right to rectify, extend or cancel any information contained within the Database, to add new information and/or improve or modify presentation of the service at any time, as well as to introduce the necessary elements to facilitate control of its use.
The maintenance or repair of computer equipment and data transmission or other similar elements beyond the control of López Cristóbal may require modification or temporary suspension of the service, with López Cristóbal reserving the right to do so.
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DATA PROTECTION
López Cristóbal guarantees the legitimacy of the sources used for producing its Databases, as well as the legitimacy of the procedures and activities involved in their creation together with the legality of the personal data transfers, in accordance with Organic Law 15/1999, of December 13th, in relation to the Protection of Personal Data.
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PROTECTION OF DATA OF A PERSONAL NATURE
The data provided by THE CLIENT for the conclusion of this contract will be included in the López Cristóbal files for ongoing analysis and monitoring of the subscribed operation.
The CLIENT authorises López Cristóbal to process the data now provided, together with the data derived from the contractual relationship herewith entered into, in order to analyse the likelihood of any future operations that may be requested and to send both in-house and third party advertising and/or commercial offers suited to the CLIENT profile, via any means whatsoever (correspondence, telephone, fax, email or any other telematic medium).
The CLIENT authorises López Cristóbal to transfer their personal data, together with the data derived from this contractual relationship, to entities directly or indirectly linked to the INFORMA GROUP and to the CAJA MADRID GROUP, in order for the personal data to be processed by said entities, for the purposes of risk analysis of any future operations they may request, and for the purposes of sending both in-house and third party advertising and/or commercial offers suited to the CLIENT profile, via any means whatsoever (correspondence, telephone, fax, email or any other telematic medium).
Given that this data transfer authorisation is optional, it may be revoked by the data owners in writing to López Cristóbal. Revocations may not be effective retroactively or refer to transfers of data imposed by law or that relate to compliance with a freely and legitimately accepted legal relationship.
All of the above is understood to be without prejudice to the rights of access, rectification, cancellation and opposition as provided for current legislation and particularly Organic Law 15/1999 of December 13th, for the purposes of which CLIENT should contact the party responsible for the data file at the following address (Avenida de la Industria 32, Polígono Industrial de Alcobendas 28108 Alcobendas Madrid).
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JURISDICTION AND LEGISLATION
The fulfilment, execution and interpretation of this Contract will be subject to Spanish legislation and, in the event of any dispute, this agreement will be subject to the jurisdiction of the Courts and Tribunals of Alcobendas, with both parties expressly waiving any other jurisdiction that may correspond.
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