This text contains the conditions that regulate the making of payments through the Virtual Point of Sale Terminal (hereinafter, 'Virtual POS' or 'Payment Gateway', interchangeably) which is linked from the page https://www.cimapublicidad.es/ (hereinafter 'the Website'), owned by Comunicación Integral y Marketing Jurídico, SA (hereinafter, CIMA), with CIF A-62456348 and domiciled in Madrid (Spain), Serrano street number 208 from Madrid.
These Terms and Conditions are signed, on the one hand, by CIMA and, on the other, by the Client, understood as any natural or legal person who has signed with CIMA a service provision contract or contract order (hereinafter, ' the Contract ') and complete all the steps intended to make the payment through the Virtual POS, including acceptance of these Terms and Conditions.
2. Acceptance of these Terms and Conditions
By clicking on the corresponding consent check box and submitting the payment gateway form on the Website, it will be understood that the Client accepts these Terms and Conditions without reservation.
3. Payment process
To pay through the Virtual POS of the Website, it will be necessary to have signed a Contract with CIMA by virtue of which the payment by card is allowed through this means.
CIMA has previously sent you specific information to make the payment. For this, you will have received specific information on the steps to follow to make this payment, among other means by email or telephone.
Among these data, you have been informed of the contract number, the total amount to be paid, the maximum date to make the payment and the way to access the payment gateway.
Please pay special attention to correctly entering all the data, especially the "Contract number" and "Amount", since if these data are not correct the formalization of the payment may not occur, so the service will not be provided.
4. Customer obligations
The Client expressly and without limitations assumes to undertake and comply with the provisions set forth below:
- To comply with the obligations assumed in the Contract.
- To use the Payment Gateway in compliance with these Terms and Conditions, any other applicable conditions and the Contract, leaving CIMA unscathed of any sanction or compensation originated otherwise.
- To provide correct and exact data by correctly filling out the form prior to the Payment Gateway, especially the "Contract number" and "Amount" fields that are reflected in the Contract.
- To be the holder or authorized subject of the card with which the payment will be made and, under no circumstances, use third-party data, unless you have sufficient powers to do so.
- In case of making a payment in the name of a legal entity, have sufficient powers to do so.
5. CIMA as a user of a payment service
The Virtual POS will be understood as a payment service, by virtue of Law 16/2009, of November 13, on payment services. Consequently, payments made through the Virtual POS are subject to said rule, by virtue of which CIMA is configured, together with the Client, as a user of a payment service, in this case the Virtual POS, of which it is a provider a third.
By virtue of said rule, CIMA has no obligation other than that contained therein and cannot guarantee the correct operation of the Virtual POS or its full availability.
6. Exclusion of liability
In accordance with the provisions of the previous Stipulation, CIMA will not assume any responsibility in the event that a payment cannot be made as a consequence of problems with the availability of the Payment Gateway.
CIMA will also not assume any responsibility as a consequence of errors or omissions of the Client in the information provided or as a consequence of its breach of the provisions of these Conditions or the Contract.
In particular, CIMA will not assume any responsibility as a consequence of the Client wrongly entering the amount to be paid in the field intended for this purpose.
In the event of an error in the deficit amount, CIMA will not process any reservation until the amount stipulated in the Contract is reached, so that if the payment of the correct amount is not made on time, it may not be possible to process the reservation.
In the event of an error in the excess amount, CIMA may deduct from the excess to reimburse the commissions or other expenses that arise as a consequence of said return.
In general, CIMA has no responsibility other than that assumed in these Conditions, in any other that may be applicable or in the Contract. In any case, any liability will be limited as a maximum and for any reason, to the total amount received by CIMA from the Client.
7. Data protection
Any personal data that the Client provides as a result of sending the form prior to the activation of the Payment Gateway will be incorporated into a file owned by CIMA for its treatment, automated or not, in order to manage the transaction.
The Client can exercise their rights of access, rectification, cancellation or opposition at any time, in accordance with current legislation, through an email request to the same address: https://www.cimapublicidad.es/. It will be necessary to accompany a copy of the DNI or some other equivalent official document that allows the Client to be identified, in order to avoid undue access by third parties.
The language applicable to these Conditions is Spanish. The existence of versions of them in different languages is solely intended to facilitate their understanding by the Client. These Conditions will always be governed by their Spanish version, which will prevail in case of contradiction.
9. Legislation and jurisdiction
Relations between clients and CIMA will be governed by Spanish law and, in the event of conflict, they are subject to the jurisdiction agreed in the Contract that binds both parties.
If you have any questions regarding these Conditions, please do not hesitate to write to us at the following email address: firstname.lastname@example.org
To comply with the provisions of Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce (LSSICE), the general information data of the website www.legaltouch.es is indicated below.
DATA OF THE OWNER OF THE WEB PAGE
- COMUNICACION INTEGRAL DE MARKETING JURIDICO, S.A.
- C.I.F .: A62456348
- Registered in the Registry of
- Volume 24,820, Book 0, Folio 191, Section 8, Sheet M-446750, second.
- Address: Calle Serrano, 208 (28001) Madrid.
- Telephone: +34 915 777 806
- Fax: +34 915 784 570
- E-mail: email@example.com
ACCESS AND STAY ON THE WEB: OUR CONTENTS
Registered Users and "Users", in general, are fully responsible for their conduct when accessing information on the web, while browsing it, as well as after having accessed it. The User agrees to diligently and faithfully observe the recommendations established at the time by COMUNICACION INTEGRAL DE MARKETING JURIDICO, S.A. (hereinafter, CIMA) regarding the use of this Website. For these purposes, CIMA will address Users through any means of communication through this Website.
The User agrees not to use any of the content that COMUNICACION INTEGRAL DE MARKETING JURIDICO, SA, makes available to you, prepared or not by CIMA, published or not under its name officially, to carry out activities contrary to law, to morality or public order. Those who access this Website must observe the applicable legislation, the ethical or conduct codes that may be subscribed, and the general rules of use of the website.
The User will be responsible for the damages that CIMA may suffer as a consequence of the breach of any of the obligations determined here.
CIMA, reserves the right to update the contents when it deems it convenient, as well as to eliminate, limit or prevent access to them, temporarily or permanently, as well as deny access to the website to Registered Users who make misuse of the contents and/or breach any of the conditions that appear in this Legal Notice, without this in any way generating any right of compensation or redress for the user who is denied access
Responsibility of users regarding the content generated on the Website
Users are solely responsible for the content that they themselves publish on the web, especially when it is false, malicious or defamatory, if it infringes intellectual or industrial property rights, or if it contains illegal material, and infringes or favors the violation of any law or regulation. Likewise, users acknowledge that they have the necessary rights or authorizations on the content they post on the web and, additionally, authorize CIMA to make use of said content. In no case, CIMA, in any way, sponsors or supports the content published by any user. The users must respect and comply in any case, the present conditions of Use of the Website and undertake not to use the contents of CIMA and refrain from carrying out expressly prohibited conduct, in the terms set forth in this sixth section.
Use by COMUNICACION INTEGRAL DE MARKETING JURIDICO, S.A, of the content generated by Users on the Website.
Ownership of the content generated on the Website
Users are the sole owners of the content published by them on the Website. For its part, CIMA is the owner of the web's own content, which includes, but is not limited to, visual interfaces, interactive functions, graphics, design, compilation, programming code, products, software, set of reviews of users and other elements and components of the Site excluding the user's own content and content generated by third parties. CIMA owns the copyright, trademarks, service marks, trade names and other intellectual and industrial property rights associated with the content of the website owned by CIMA, which are protected by copyright laws, image commercial, patent, trademark and the rest of the rights and laws of intellectual and industrial property. The user may not modify, reproduce, distribute, create works derived from the content of CIMA, or adaptations, display it publicly or in any way exploit it in whole or in part, unless expressly authorized by COMUNICACION INTEGRAL DE MARKETING JURIDICO, S.A. On the other hand, CIMA does not grant the user any express or implicit right over the content of the Website.
Notifications or Withdrawal of content
CIMA provides its users with a notification and content removal procedure. In the event that the user has any complaint or objection about the content of the web, including messages or comments from other users or in the event that the user considers that the material published on the web violates any industrial or intellectual property right of its ownership, CIMA, puts at your disposal a contact form included on this website. Once the complaint or objection has been notified, CIMA will carry out the pertinent procedures and investigations to, where appropriate, withdraw the content within a period deemed reasonable.
At CIMA, we encourage our users to let us know if they believe that another user has violated these conditions. In any case, CIMA reserves the right to investigate and take the appropriate actions unilaterally. On the other hand, users of the website accept, by accessing it, the following restrictions on the use of the website:
Do not use, or help, encourage or facilitate the use of the website to:
- Violating our basic content standards, for example, writing false or defamatory comments, compensating or seeking compensation for writing or deleting a comment, as well as requesting information from minors, sending pornography, threatening, harassing others, or promoting racism or discrimination.
- Infringe any third-party rights such as copyright, trademark, patent, trade secret, privacy right or any other intellectual property right. This will also include any action that involves modifying, adapting, appropriating, reproducing, distributing, translating, creating derivative works of the web or its content or adaptations thereof, as well as publicly displaying, selling, marketing or exploiting in any way the web or its content (except for the content of each user and unless expressly authorized by CIMA).
- In the same sense, eliminate or modify any notice of copyright, trademark or other property rights that appear on any fragment of the web or any printed material on it.
- Access, retrieve or index any fragment of the web in order to build or establish databases of business reviews.
- Attempt to obtain unauthorized access to the web, user accounts, systems or computer networks connected to the web by means of hacking, extraction of passwords or any other means.
- Use the web or any web content to transmit any virus, worm, defect, Trojan horse or other computer element of a destructive nature (collectively, "virus").
- Use the web to violate the security of any computer network, crack passwords or security encryption codes; destabilize or interfere with web security. Delete, evade, disable, damage or interfere with web security functions, functions that prevent or restrict the use or copying of the web content or functions that impose limitations on the use of the same.
- Send junk emails, surveys and other mass messaging, whether it is of commercial nature or not.
- Register, process or extract information about other users.
- Violate any applicable law.
The foregoing restrictions only apply to the extent permitted by applicable law. However, the user agrees not to act against them (even if allowed by current law) without the user providing a 30-day written notice, along with any information we may need to give us the opportunity to offer remedies, alternatives or satisfy the user in any other way at our discretion.
In accordance with Organic Law 3/2018, of December 5th, on the Protection of Personal Data and guarantee of digital rights, COMUNICACION INTEGRAL DE MARKETING JURIDICO, S.A. (CIMA) has adopted all the technical and organizational measures that have been necessary for full adaptation in terms of Data Protection.
The personal data that may be contained in emails received through the email address that we make available to you will be used only to contact you and provide you with the requested information.
We inform you that you can exercise your rights of access, rectification, cancellation and opposition to the processing of your data, by writing to COMUNICACION INTEGRAL DE MARKETING JURIDICO, S.A. (CIMA), sending an ordinary mail to the address: Calle Serrano, 208 (28002) Madrid (Spain), with the reference "Data Protection" or, by email with the subject "data protection", to the following email address: firstname.lastname@example.org. In both cases, you must provide a copy of your ID to guarantee the identity of the owner of said data.
COOKIES USE POLICY
In compliance with article 22.2 of Law 34/2002, on Information Society Services, we inform users of our websites about our Cookies Policy, applicable both to the main website of COMUNICACION INTEGRAL DE MARKETING JURIDICO , SA (www.cimapublicidad.es), as well as the platforms that CIMA makes available to users who make use of the services provided by CIMA.
INTELLECTUAL AND INDUSTRIAL PROPERTY
"COMUNICACION INTEGRAL DE MARKETING JURIDICO, SA," as well as "LEGAL TOUCH" and "SHENONKOP" are registered trademarks, therefore any use by third parties of the same or any similar identifying sign that may lead to confusion about their origin or ownership, without prior written authorization from COMUNICACION INTEGRAL DE MARKETING JURIDICO, SA, is not allowed. Likewise, the Web is a domain registered by COMUNICACION INTEGRAL DE MARKETING JURIDICO, S.A. (TOP). This domain cannot be used, except with prior express authorization, in connection with other non-CIMA services, in any way that may cause confusion among our clients or discredit CIMA.
COMUNICACION INTEGRAL DE MARKETING JURIDICO, S.A. (CIMA) holds all the rights on the content, design and source code of this web page and, especially, by way of example but not limitation, on the photographs, images, texts, logos, designs, brands, trade names, buttons, software files, colour combinations and data included on the web. Users are warned that such rights are protected by current Spanish and international legislation regarding intellectual and industrial property. In no case does access to the website imply any type of waiver, transmission or total or partial transfer of the rights granted by Spanish and International legislation on intellectual and industrial property.
Likewise, and without prejudice to the foregoing, the content of this website is also considered a computer programme, and therefore, all the current Spanish and European Community regulations on the matter also apply to it. Reproduction (except for temporary download from the Website to the user's computer hard drive or to proxy servers), copying, use, distribution, reuse, exploitation, making of second copies, sending by mail, transmission, modification, transfer or any other act done with all or part of the information contained on this website that has not been expressly authorized by CIMA is strictly prohibited.
The user undertakes to use the contents diligently, correctly and lawfully and, in particular, agrees to refrain from deleting, evading or manipulating the "copyright" and other data identifying the rights of CIMA or its owners incorporated into the contents, as well as technical protection devices or any information mechanisms that may be included in the contents. Likewise, the user will refrain from using the contents and, in particular, the information of any kind obtained through the Website to send advertising, communications for commercial purposes, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as refraining from marketing or disclosing in any way said information.
CIMA informs that it does not grant any license or implicit authorization on the rights of intellectual and/or industrial property or on any other right or property related, directly or indirectly, with the contents included in the web.
RESPONSIBILITY OF COMUNICACION INTEGRAL DE MARKETING JURIDICO, SA
Responsibility for content
CIMA rejects any responsibility for the information not elaborated directly by it, or not published in an authorized way by it under its name, as well as the responsibility derived from the misuse of the contents, as well as reserves the right to update, delete, limit or prevent access to them, temporarily or permanently.
Part of the website may contain advertising content or be sponsored. Advertisers and sponsors are solely responsible for ensuring that the material submitted for inclusion on www.legaltouch.es complies with the laws that, in each case, may be applicable. CIMA will not be responsible for any error, inaccuracy or irregularity that may be contained in advertising or sponsor content.
CIMA informs you, in turn, that it does not guarantee:
- That access to the website and/or the linked websites is uninterrupted or error-free;
- That the content or software that Registered Users and Users in general access through the website or the linked websites does not contain any error, computer virus or other elements in the contents that may cause alterations in their system or in the electronic documents and files stored in your computer system or cause other types of damage;
- The use that of the information or content of this website or linking websites that Registered Users and Users in general, could carry out for their personal purposes.
Responsibility for links to other web pages (links):
In the event that this website may contain links to other portals or websites not managed by CIMA, this company states that it does not exercise any control over said portals or websites, nor is it responsible for their content, for CIMA therefore recommends reading the particular conditions of the website before using these services. CIMA provides web links for the purpose of facilitating user navigation and for its convenience, but in no case will the link imply acceptance, approval, sponsorship or affiliation with the site linked by CIMA. The linked sites belong to and are run by other service providers or independent merchants of CIMA, therefore, CIMA cannot guarantee the user's full satisfaction with the services, products or business practices of these third parties or companies. It is the responsibility of the user to carry out the pertinent inquiries about these third parties before carrying out any operation with them.
Responsibility in the event that this page is the destination of the link entered on another page:
Regarding the links established by other pages to this Website, as well as if any user, entity or web page wishes to establish any type of link to the CIMA site, they must abide by the following stipulations:
- You can only go to the home page.
- The link must be absolute and complete, that is, it must take the user to CIMA's own address and must completely cover the entire length of the home page screen. In no case, unless expressly authorized in writing by CIMA, the page that makes the link may reproduce the COMUNICACION INTEGRAL DE MARKETING JURIDICO, SA website in any way, include it as part of its website or within one of its "frames" or create a "browser" on any of the web pages.
- No type of erroneous or incorrect indication will be given about the CIMA page.
- If you would like to include any distinctive CIMA sign, such as trademarks, logos and names, you must have prior written authorization.
- The owner of the page that offers the link must act in good faith and not intend to negatively affect CIMA's reputation or good name.
- It is prohibited, unless expressly authorized by CIMA, to register the text elements of the brand or logo, the domain name or the corporate name of CIMA or LEGAL TOUCH as keywords (“metatags” “metanames”) to the search for websites carried out through search engines.
CIMA does not assume any responsibility for any aspect related to the web page that offers the link. The establishment of the link does not imply the existence of any type of relationship, collaboration or dependency of CIMA with the owner of this web page.
APPLICABLE LAW AND JURISDICTION
The unilateral conditions described on this website are governed by Spanish law. These Conditions of Use are subject to the provisions of Law 7/1998, on General Contracting Conditions, to Royal Legislative Decree 1/2007, of Consumers and Users, to Royal Decree 1906/1999, which regulates Contracting Telephone or Electronic, to the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, to Law 7/1996, on the Organization of Retail Trade, and Law 34/2002, on Services of the Information Society and Electronic Commerce. In accordance with article 29 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, contracts entered into electronically in which a consumer intervenes as part shall be presumed to be concluded in the place in which he has his habitual residence. Electronic contracts between businessmen or professionals, in the absence of an agreement between the parties, shall be presumed concluded at the place where the service provider is established. In the event of a controversy arising from these general conditions and for the resolution of conflicts, the parties submit, at their free choice, and waiving any other jurisdiction, to the courts and tribunals of the user's domicile.