1.- Ownership of the Website

In accordance with the provisions of Article 10 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (hereinafter, «LSSI«), we hereby inform you that the website https://www.openvia.io website (hereinafter, the «Website«) is operated by Openvia Mobility, S.L. (hereinafter, «Openvia«), with N.I.F B-88573027, registered in the Mercantile Registry of Madrid, Volume 40208, folio 130, inscription 1 with page M-714489 with registered address at Paseo de la Castellana 259C, 28046, Madrid.

 

2.- Use of the Website

This Legal Notice (hereinafter, the «Legal Notice«) establishes the conditions that regulate the use of the services of the information society that Openvia makes available to the users of the Internet network through the Website.

Aspects relating to the processing of users’ personal data in connection with the use of the Website are regulated in the Privacy Policy.

You can also find information regarding the use of cookies in the Cookies Policy.

Thus, access to and use of the Website implies that the user of the Website (hereinafter, the «User«) accepts in its entirety and undertakes to comply fully with this Legal Notice, the Privacy Policy, the Cookies Policy, as well as the instructions or recommendations indicated in each specific case through the Website.

Access to the Website is free of charge, except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.

Openvia reserves the right to make, at any time and without prior notice, modifications and updates to the Website and its contents, configuration and presentation, including this Legal Notice, so we recommend that you read it before accessing and browsing the Website. Openvia will place these conditions in a visible place, freely accessible for any queries you may wish to make.

The User undertakes not to use the Website for fraudulent purposes, as well as not to carry out any conduct that could damage the image, interests and rights of Openvia or third parties, and undertakes to use the Website, the services and the contents included therein in a diligent, correct and lawful manner. In particular, the User undertakes to refrain from: deleting, evading or manipulating the copyright and other data identifying the rights of their owners included in the contents of the Website, as well as the technical protection devices or any other information mechanisms that may be included in such contents. Likewise, the User undertakes not to carry out any act with the aim of damaging, rendering useless or overloading the Website, or preventing, in any way, the normal use and operation of the same.

As a consequence of the foregoing, the User is solely liable to Openvia and third parties for:

  • Any consequences that may arise from the use, for illicit purposes or effects or contrary to the present document, of any content of the Website, elaborated by Openvia or any third party.
  • The consequences that may arise from the use contrary to the content of this document and detrimental to the interests or rights of third parties, or that may in any way damage, render useless or deteriorate the Website or its services or prevent normal enjoyment by other Users.

In the event that you breach this Legal Notice, or Openvia reasonably suspects that you are in breach of this Legal Notice, Openvia reserves the right to limit, suspend or terminate your access to the Website, taking whatever technical measures are necessary for that purpose. Openvia also reserves the right to decide, at any time, on the continuity of the services provided through the Website.

3.- Intellectual and Industrial Property.

The intellectual property rights over the layout of the contents of the Website (including the sui generis right over the database), its graphic design(look & feel), the distinctive signs (trademarks and commercial names), the underlying computer programs (including the source codes), as well as the different elements that make up the Website (texts, graphics, logos, designs, photographs, videos, etc.) belong to Openvia or it has the right to use and exploit them, and in this sense they constitute works protected by the intellectual and industrial property regulations in force.

The use of the Website by the User in no way implies the transfer of any intellectual and/or industrial property rights over the Website, its contents and/or the distinctive signs of Openvia. To this effect, by means of this Legal Notice, except in those cases in which it is legally permitted, the User is expressly forbidden to reproduce, transform, distribute, publicly communicate, make available, extract and/or reuse the Website, its contents and/or Openvia’s distinctive signs, either partially or totally.

The reproduction of elements or contents of the Website for profit or commercial purposes is expressly and strictly prohibited. Likewise, the copying, reproduction, adaptation, modification, distribution, commercialisation, public communication and/or any other action that involves an infringement of the current Spanish and/or international regulations on intellectual and/or industrial property, as well as the use of the contents of the website is strictly forbidden without the prior express written authorisation of Openvia.

 

4.- Limitation of Liability

Openvia applies appropriate technical and organisational measures to ensure an adequate level of security. In this regard, Openvia manages its server environment appropriately, has a strictly compliant firewall infrastructure and continuously uses current technologies to ensure that the confidentiality and privacy of information is not compromised.

The User acknowledges and accepts that the use of the Website is at all times at the User’s own risk and responsibility, and Openvia shall not be liable for any misuse or improper use that may be made of the Website. To this effect, Openvia shall only be liable for any damages that the User may suffer as a result of the use of the Website, when such damages are due to our willful misconduct.

In particular, by way of example but not limitation, Openvia shall not be liable for:

  • The content of the sites linked to through the links included in the Website. In this regard, the terms set out in section 5 of this Legal Notice shall apply.
  • Damage of any kind caused to the User’s computer equipment by viruses, worms, Trojans or any other harmful element. The User acknowledges that the use of the Internet network implies the assumption of a risk that his or her computer equipment may be affected by the aforementioned elements. To this end, it is the responsibility of the User, in any case, to ensure the availability of suitable tools for the detection and elimination of harmful electronic programs.
  • The damages of any kind caused to the User due to failures or disconnections in the telecommunication networks that cause the suspension, cancellation or interruption of the Website service during the provision of the same or beforehand. In this regard, the User acknowledges that access to the Website requires services provided by third parties outside the control of Openvia (for example: telecommunication network operators, access providers, etc.) whose reliability, quality, continuity and operation do not correspond to Openvia.
  • The use that the User may make of the materials on this Website, whether prohibited or permitted, in infringement of the intellectual and/or industrial property rights of the Website’s content or that of third parties.
  • The acts or omissions of third parties, regardless of whether these third parties may be contractually bound to Openvia.
  • Communications or dialogues in the course of debates, forums, chats and virtual communities that may be organised through the Website, nor shall it be liable, therefore, for any damages or losses suffered by the User or third parties as a result of such communications and/or dialogues.

In no event shall Openvia be liable for:

  • Errors or delays in the access to the Website by the User when entering his/her data in the order form, the slowness or impossibility of reception by the recipients of the order confirmation or any other anomaly that may arise when these incidents are due to problems in the telecommunications networks, fortuitous events or force majeure and any other unforeseeable contingency beyond the good faith of Openvia.
  • Errors or damage caused to the Website due to inefficient and bad faith use of the service by the User.

In any case, Openvia commits itself to solve the problems that may arise and to offer all the necessary support to the User in order to reach a quick and satisfactory solution to the incident.

 

5.- Links to other Internet sites.

The Website includes technical linking devices (links) that allow the User to access other Internet pages and portals (hereinafter, «Linked Sites«). In these cases, Openvia acts as an intermediary service provider in accordance with article 17 of the LSSI, and will only be responsible for the contents and services provided in the Linked Sites to the extent that it has effective knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate contents, please inform Openvia through openvialab@openvia.io. In any case, this communication shall not entail the obligation to remove the corresponding link.

The existence of Linked Sites in no way implies that Openvia has effective knowledge or any other type of knowledge of the services and contents of the same in case of unlawfulness, nor that it necessarily maintains agreements with the responsible or owners of the Linked Sites. Neither does the existence of such links imply any recommendation, promotion, identification or conformity of Openvia with the statements, contents or services provided through the Linked Sites. Consequently, Openvia is not responsible for the content of the Linked Sites, nor for their conditions of use and privacy policies, being the User the only responsible for checking and accepting them every time he/she accesses and uses them.

The User and, in general, any natural or legal person who intends to establish a link from their page or site to the Website, must obtain prior written authorisation from Openvia. The establishment of such a link does not imply in any case the existence of a relationship between Openvia and the owner or holder of the site or page where the link is established, nor the acceptance or approval by Openvia of its contents or services.

The establishment of any link from a third party page or site to any of the pages of the Openvia Website shall be subject to the following conditions:

  • None of the services contained in the Website may be reproduced in whole or in part.
  • No false, inaccurate or incorrect representations shall be made about the pages of the Website and its services.
  • Under no circumstances shall Openvia be responsible for the contents, information, statements, opinions or services made available to the public on the page from which a link to the Website is established.
  • Any link will be made to the home page of the Website.

In any case, Openvia reserves the right to prohibit or disable the links to the Website at any time, especially in the event of unlawfulness of the activity or contents of the page or site in which the link is included.

 

6.- Generalities

The use of the Website is governed by and construed in accordance with Spanish law, any conflict or dispute arising between the User and Openvia shall be dealt with by the competent courts and tribunals in accordance with the applicable legislation.

In the event that any of the provisions contained in this Legal Notice is declared null and void in whole or in part, it will be withdrawn or replaced. In any case, such a declaration of nullity