LEGAL NOTICE
1. THE PORTAL
1.1 These provisions regulate the use of the internet portal (hereinafter, the «Portal») that Bocemtium Consulting S.L. (hereinafter, Bocemtium), through the URL address www.bocemtium.com, makes available to users (hereinafter, «User» or «Users», as the case may be) for access to a wide range of products, services, and content related to the organization of conferences, meetings, seminars, and events (hereinafter, «Products or Services»).
1.2 The identifying details of the person responsible for the Portal are as follows:
Bocemtium Consulting S.L.
Violant d’Hongria 107, oficina E.
08028 Barcelona
C.I.F. B64418882.
Registered in the Mercantile Registry of Barcelona, Volume 39430, Folio 184, Page 346721, 1st Entry.
2. CONDITIONS OF ACCESS AND USE OF THE PORTAL
Access to the Portal requires the prior reading by the User of these General Conditions of Access and Use (hereinafter, «General Conditions»). By accessing and using the Portal, the User is deemed to agree to the content of each and every one of these General Conditions in their version published on the Portal at the time of access. If the User does not agree with the content of these General Conditions, they must refrain from using the Portal and operating through it. The Portal reserves the right to modify these General Conditions by notifying Users through the appropriate notices on the Portal so that they can be aware of their content from the first moment. The contracting and/or use of certain Products or Services may require the User’s identification on the Portal and the prior acceptance of certain particular conditions (hereinafter, «Particular Conditions») that develop, complement, and/or eventually modify these General Conditions. The User should also carefully read the content of the corresponding Particular Conditions or other legal notices that appear on the Portal. As a User, you declare that you are of legal age and/or have sufficient legal capacity to be bound by these General Conditions (and, where appropriate, by the Particular Conditions that regulate the use of certain Products or Services) and to use and, where appropriate, contract the Products or Services offered on the Portal. The User expressly, fully, unreservedly, and without exception accepts that access to and use of the Portal and its contents takes place under their sole and exclusive responsibility. In the event of any contradiction between the general conditions of access and use of the Portal and the corresponding Particular Conditions, the latter shall prevail, unless the General Conditions are more beneficial to the User than the Particular Conditions.
3. CONTENT OF THE PORTAL
3.1 The User of the Portal assumes, understands, and accepts, by merely browsing it, that the data and information about Products or Services, and any other data and information contained on the Portal appear solely for informational purposes, as preliminary information intended for the User’s attention and may contain errors, inaccuracies, or not be up-to-date at any given time.
3.2 Bocemtium reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Portal, as well as the content and extent of the Products or Services published on the Portal or provided through the Portal and the conditions of access to them. Likewise, Bocemtium reserves the right to incorporate new Products or Services and content on the Portal, as well as the right to remove, limit, suspend, or prevent access through the Portal, whether temporarily or permanently, when the reasons provided in these General Conditions occur.
3.3 Bocemtium informs the User that through the Portal, they may access Products or Services offered by third parties that are available at any given time, whose contracting by the User will be subject to the terms and conditions established by those entities at each moment. Bocemtium assumes no responsibility nor provides any guarantee regarding the products and services of said entities.
4. PARTICULAR CONDITIONS OF THE PORTAL’S SERVICES
Products or Services are generally offered to the User free of charge. Notwithstanding the above, some Products or Services may establish the payment of a specific consideration, which will be expressly indicated in the corresponding General Conditions or Particular Conditions of the Product or Service in question.
5. IDENTIFICATION AS A USER OF THE PORTAL
The contracting and use of certain Products or Services offered by Bocemtium will require the prior identification of the User on the Portal through the form that will appear at the time of selecting the specific Product or Service. Similarly, the contracting and use of specific products or services offered by other companies through the Portal will require the User to meet the requirements established by each entity, which will be informed to the User from the Portal or respective websites. No User of the Portal may access the products and services of such entities without having previously identified themselves. In any case, the User declares under their responsibility that the data provided in the identification form is true and current.
6. PRIVACY POLICY
To understand the treatment that Bocemtium will carry out of personal data processed through this website, please refer to the Privacy Policy. We request that you read this legal text carefully before providing us with your personal data.
7. GENERAL STATEMENTS AND WARRANTIES
7.1 Bocemtium states and guarantees that the Portal has the necessary technology (software and hardware) to allow access and use of the Portal up-to-date. However, Bocemtium is not responsible for the possible existence of viruses or other harmful elements, introduced by any means or by any third party, that may produce alterations in the User’s computer systems or for the harmful consequences that such elements may produce in the User’s computer systems. The User fully accepts the above and commits to exercising maximum diligence and prudence when accessing and using the Products or Services offered through the Portal. In particular, although not exclusively, the User should follow the security recommendations shown on the Portal.
7.2 The User accepts that the Portal has been created and developed in good faith by Bocemtium with information from internal and external sources and offers it in its current state, which may, however, contain inaccuracies, omissions, relevant errors, or mistakes. Bocemtium, therefore, does not guarantee the truthfulness, accuracy, timeliness, or completeness of the Portal’s contents. Consequently, the User releases Bocemtium from any liability regarding the reliability, usefulness, or false expectations that the Portal could produce or generate during their navigation through it.
7.3 The User guarantees that any activities they carry out through the Portal will comply with the law, morals, generally accepted good customs, and public order, and will in no way be offensive to Bocemtium’s good name and commercial image, Bocemtium Consulting S.L., other Portal Users, or third-party service providers. In particular, the User commits to using the Products or Services correctly and diligently, as well as refraining from using them for unlawful or prohibited purposes by these General Conditions, harmful to third-party rights and interests, or that could damage, disable, overload, or deteriorate said Products or Services, third-party computer equipment, documents, files, and all kinds of content stored on their computer equipment, or impede the normal use or enjoyment of the Services by third parties.
7.4 In particular, and merely by way of example and not limitation, the User commits not to use the Products or Services with the purpose of (i) impersonating a third party; (ii) violating fundamental rights and public freedoms recognized in national regulations and international treaties or conventions, particularly by harming the honor, personal privacy, image, or property of third-party goods and rights; (iii) inciting or promoting criminal, denigrating, defamatory, offensive actions, or actions that are generally contrary to the law, morals, generally accepted good customs, or public order; (iv) inducing or promoting discriminatory actions or ideas based on race, sex, ideology, religion, or beliefs; (v) incorporating, making available, or allowing access to criminal, violent, pornographic, offensive, or generally unlawful, immoral, or public order-contrary products, elements, messages, and/or services; (vi) violating third-party intellectual or industrial property rights; (vii) violating trade secret regulations, communication secrecy regulations, advertising regulations, and/or unfair competition regulations; (viii) knowingly or negligently transmitting through the Portal email, programs, or data (including viruses and harmful software) that cause or may cause damage to Bocemtium’s or other Users’ or third parties’ computer systems, as well as falsifying the origin of the email or other material contained in a file transmitted through the Portal; (ix) using the information contained in the Portal for direct sales purposes or any other type of purpose, and (x) sending unsolicited messages to a more or less large number of people regardless of their purpose.
8. GENERAL LIMITATION OF LIABILITY
8.1 Bocemtium makes no representations or offers any warranties of any kind, whether express or implied, regarding the operation of the Portal or the information, content, software, materials, or products included therein to the extent permitted by applicable law. Additionally, Bocemtium is exempt from providing any warranties, whether express or implied, including, but not limited to, implied warranties of fitness for a particular purpose. Bocemtium will not be liable for any damages of any kind arising from the use of this Portal, including, but not limited to, direct and indirect damages.
8.2 Bocemtium is not responsible for any direct or indirect damages that may arise from the interruption of the Portal or its continuity. Additionally, Bocemtium is not responsible for possible errors or security deficiencies that may occur due to the use, by the User, of a browser with an outdated or insecure version, as well as for the activation of the devices for preserving passwords or identification codes of the registered User in the browser, or for damages, errors, or inaccuracies that may arise from its malfunction.
8.3 Bocemtium excludes all responsibility for the legality, content, and quality of the Products or Services offered and/or marketed by third parties through the Portal.
8.4 Bocemtium does not offer any warranties, either express or implied, regarding the information that is transmitted, distributed, published, or stored on the Portal, nor for the use that Users make of it. Additionally, Bocemtium will not be responsible for the inability of any User or for the impersonation of a third party carried out by a User.
8.5 In any case of liability enforceable against Bocemtium, it will only be liable for damages and losses effectively and directly caused by it, excluding any compensation for lost profits.
8.6 The User will be liable for any damages of any nature that Bocemtium may suffer as a direct or indirect consequence of the User’s breach of the General Conditions.
9. HYPERTEXT LINKS TO THE PORTAL
9.1 Users or website owners who intend to create a hypertext link (hereinafter, «link») to the Portal must ensure and commit to respecting Bocemtium’s rules on links on the network. These rules consist of (i) not establishing links to pages or subpages other than the Portal’s homepage; (ii) not establishing links that allow the total or partial reproduction of the Portal’s homepage pages; (iii) not making false, inaccurate, incorrect statements alongside the link that may mislead or confuse, or generally be contrary to the law, morals, or good customs; (iv) not including any trademark or sign susceptible to protection other than the URL address of the Portal, and (v) not establishing links with pages containing racist, xenophobic, pornographic, terrorist-apologizing, or human rights-violating content, statements, or propaganda, and in general that may harm in any way Bocemtium’s good commercial name, reputation, or image or those of its clients. In any case, the inclusion of links to the Portal by other websites does not imply that Bocemtium maintains any kind of link or association with the owner of the website where the link is established, nor, much less, that Bocemtium promotes, endorses, guarantees, or recommends the contents of said portals or websites.
9.2 For its part, the Portal may contain links to other portals or websites not managed by Bocemtium. Bocemtium declines all responsibility for the information contained in such portals or websites accessed through links or search engines on Bocemtium’s web pages. The presence of links on Bocemtium’s web pages is for informational purposes only. Therefore, Bocemtium is not responsible nor provides any guarantee, either express or implied, regarding (i) the merchantability, suitability, quality, quantity, characteristics, origin, or source, marketing, or any other aspect of the Products or Services offered and marketed through the Portal; (ii) the direct, indirect, or any other type of damages that the Products or Services offered, marketed, acquired, sold, or provided through the Portal may cause; (iii) the prices offered or agreed upon by Users with the offering entities; (iv) the transactions or operations carried out between them; (v) the successful completion of them; (vi) the terms and conditions they agree upon in their business and use conditions, nor their modifications, compliance, and execution, invoicing, forms, and means of payment and resolution; (vii) ensuring the delivery of the Products or Services; (viii) the information they may exchange; (ix) the content and use of the personal or non-personal information that such entities require from the User to capture and carry out operations; (x) the content and use of personal information that Bocemtium transmits to such entities solely to comply with the business relationship initiated or created, as indicated in the User registration form (xi) the advertising that Users may use, nor the use that Users may make of third-party or their own distinctive signs.
9.3 All the contents of the Portal (including, but not limited to, databases, images, photographs, patents, utility and industrial models, drawings, graphics, text files, audio, video, and software) are the property of Bocemtium or content providers, having been, in the latter case, subject to license or assignment by them, and are protected by national or international intellectual and industrial property regulations. The compilation (understood as the collection, design, arrangement, and assembly) of all the content of the Portal is the exclusive property of Bocemtium and is protected by national and international industrial and intellectual property regulations.
9.4 All the software used in the design of the screens, navigation, use, and development of the Portal is the property of Bocemtium or its software providers and is protected by national and international industrial and intellectual property laws.
9.5 The trademarks, labels, distinctive signs, or logos of Bocemtium appearing on the Portal are owned by Bocemtium and are duly registered or in the process of registration. The names of other products, services, and companies mentioned in this document or on the Portal may be registered trademarks or other distinctive signs of their respective and legitimate owners.
9.6 All texts, graphic drawings, videos, or audio supports are the property of Bocemtium or its content providers and may not be subject to further modification, copying, alteration, transformation, reproduction, adaptation, or translation by the User or third parties without the express authorization of the owners of such contents.
9.7 The availability to Users for their use of databases, drawings, graphics, images, and photographs, text files, audio, video, and software owned by Bocemtium or its providers appearing on the Portal does not imply, in any case, the transfer of their ownership or the granting of a right of exploitation in favour of the User, different from the right of use that entails the legitimate and consistent use of the nature of the Portal.
9.8 Any use of the Portal’s contents and, in general, of all the rights mentioned in the preceding headings, made without Bocemtium’s authorization, including their exploitation, reproduction, dissemination, transformation, distribution, transmission by any means, subsequent publication, display, public communication, or total or partial representation, which, if carried out, will constitute an infringement of Bocemtium’s intellectual property rights, sanctioned by the current legislation.
10. FORCE MAJEURE
For the purposes of these General Conditions, force majeure will be understood, by way of example but not limited to, (i) any non-culpable event that is impossible to foresee or that, foreseen or foreseeable, is inevitable; (ii) failures in access to the various web pages; (iii) failures in the supply of the electricity or telephone network; (iv) damages caused by third parties or attacks on the Portal server (virus) that affect the quality of the Products or Services and are not attributable to either Bocemtium or the User; (v) failures in the transmission, dissemination, storage, or provision to third parties of the Portal’s databases and other contents, and (vi) problems or errors in the reception, obtaining, or access to the Portal or the Products or Services by such third parties.
11. SUSPENSION OF ACCESS TO THE PORTAL AND SERVICES
11.1 Bocemtium will strive to maintain the continued availability of the Portal. However, any test, control, and maintenance operation will be freely chosen and performed by Bocemtium at any time, regardless of the procedures and means employed to carry them out. Bocemtium will endeavour, whenever reasonably possible, to notify Users through an announcement on the Portal of the performance of maintenance or other activity that may affect the Portal.
11.2 Bocemtium reserves the full freedom to modify the transmission capacities, tracking, or other technical means or services used for access or use of the Portal.
11.3 Bocemtium may temporarily or permanently suspend the Products or Services offered through the Portal, without generating any type of compensation in favour of the User, when any of the following circumstances occur: (i) when it is necessary to carry out maintenance work, (ii) when it is necessary to preserve the integrity or security of the Products or Services provided, of the equipment, systems, or networks of Bocemtium or third parties, as long as they affect or may affect Bocemtium’s services, (iii) when justified by operational reasons of its own or third parties that affect the provision of Bocemtium’s Products or Services; (iv) when there is a cause of force majeure, Bocemtium will endeavour to keep the User informed of the suspension and its causes, whenever possible.
12. TERMINATION
The Portal may terminate the General Conditions of use without prior notice to the User when: (i) it becomes aware of the User carrying out any illegal activity through the Services; (ii) the User has breached any of their essential obligations under these General Conditions, especially in case of misuse of the access code; and in case of infringement or challenge of the Portal’s intellectual and industrial property rights, all without prejudice to the exercise of any legal actions that may correspond in defense of its interests.
13. NULLITY AND INEFFECTIVENESS OF CLAUSES
If any Clause of these General Conditions is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness will only affect that provision or part of it that is null or ineffective, with the rest of the General Conditions subsisting, and such provision or the part of it that is affected will be considered as not put, unless, because it is essential to these General Conditions, it should affect them integrally.
14. APPLICABLE LAW AND JURISDICTION
14.1 These General Conditions will be interpreted and governed in accordance with Spanish law.
14.2 For any litigation arising from the existence, access, use, or content of the General Conditions, the Courts and Tribunals of the User’s domicile in Spain will be competent.