LAW ON INFORMATION SOCIETY SERVICES (LSSI)
FREE YORK LOGISTIC AND CREW, S.L., the website data controller, hereinafter DATA CONTROLLER, makes this document available to users. The purpose of this is to fulfil the obligations set out in Law 34/2002, of 11 July, on Information Society Services and e-Commerce (LSSICE), as well as to inform all website users about the conditions of use.
Anybody that accesses this website assumes the role of user, and undertakes to comply rigorously with and to heed all of the provisions set out herein, as well as any other applicable legal provision.
FREE YORK LOGISTIC AND CREW, S.L. reserves the right to amend any kind of information that may appear on the website, without any obligation to give prior notice or inform users of such obligations. This is on the understanding that publication on the website of FREE YORK LOGISTIC AND CREW, S.L. suffices.
1. IDENTIFICATION DATA
Company name: FREE YORK LOGISTIC AND CREW, S.L.
Trade name: EUCRISA
Corporate Tax Code: B64894660
Registered office: 10 Velazquez, 1st Floor – 28001 Madrid
e-mail: info@eucrisa.eu
2. PURPOSE
Through the Website, we offer Users the possibility of accessing information about our services.
3. PRIVACY AND DATA PROCESSING
Whenever it is necessary to furnish personal data to access certain content or services, Users will guarantee the truthfulness, accuracy, authenticity and validity of such data. The company will process these data in an automated way according to their nature or purpose, under the terms set out in the Privacy Policy section.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY
The User acknowledges and accepts that all the contents shown on the Website and, in particular, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs susceptible to industrial and/or commercial use are subject to Intellectual Property rights. Moreover, all brands, trade names or distinctive signs, all industrial and intellectual property rights, over the contents and/or any other elements inserted in the page, belong exclusively to the company and/or third parties, who hold the exclusive right to use them in economic trade. Accordingly, the User agrees not to reproduce, copy, distribute, make available or in any other way publicly disclose, transform or modify such content, holding harmless the company from any claim arising from the breach of such obligations. Under no circumstances does access to the Website imply any kind of waiver, transfer, licence or full or partial assignment of such rights, unless expressly established contrariwise. These General Conditions of Use of the Website do not confer Users with any other right of use, alteration, exploitation, reproduction, distribution or public disclosure of the Website and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights will be subject to the prior and express authorisation specifically granted for that purpose by the company or the third-party holder of the rights concerned.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this Site, as well as the Site itself as a whole, as a multimedia artistic work, are copyright protected under legislation governing intellectual property. The company is the owner of the elements that make up the graphic design of the Website, menus, browsing buttons, HTML code, texts, images, textures, graphics and any other Website content or, in any case, holds the corresponding authorisation for the use of such elements. The content provided on the Website may not be reproduced in full or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means, unless prior written permission has been obtained from said Entity.
It is also forbidden to remove, evade and/or manipulate the copyright as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Website undertakes to respect the foregoing rights and to avoid any action that could be detrimental to them. The company reserves the right to exercise any means or take any legal action in defence of its legitimate intellectual and industrial property rights.
5. OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEBSITE
The User agrees:
- To make adequate and lawful use of the Website as well as of the contents and services, in accordance with: (i) applicable legislation at all times; (ii) the General Conditions of Use of the Website; (iii) the generally accepted morals and good customs, and (iv) public order.
- To provide all the means and technical requirements needed to access the Website.
- To provide truthful information when filling in the forms contained on the Website with their personal data and to keep such data updated at all times so that they respond, at any given time, to the User’s actual situation. The User will be solely responsible for any false or inaccurate statements made and for any damage caused to the company or third parties by the information provided.
Notwithstanding the provisions of the previous section, the User must also refrain from:
- Making unauthorised or fraudulent use of the Website and/or its contents for purposes or effects that are unlawful, prohibited in these General Conditions of Use, detrimental to the third-party rights and interests or that in any way could damage, render useless, overload, impair or prevent the normal use of the services or the documents, files and all kinds of content stored on any IT equipment.
- Accessing or attempting to access resources or restricted areas of the Website, without satisfying the conditions required for such access.
- Causing damage to the physical or logical systems of the Website, its suppliers or third parties
- Introducing or spreading computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the company, suppliers or third parties.
- Attempting to access, use and/or manipulate data of the company, third-party suppliers and other Users.
- Reproducing or copying, distributing, allowing public access through any form of public disclosure, transforming or modifying the contents, unless they have authorisation from the owner of the corresponding rights or it is legally permitted.
- Deleting, concealing or manipulating the notes on intellectual or industrial property rights and other data identifying the company’s or third parties’ rights incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted into the contents.
- Obtaining and attempting to obtain the contents using means or procedures other than those which, as the case may be, have been made available to this end or have been expressly indicated on the web pages where the contents are located or, in general, those which are normally used on the Internet as they do not entail a risk of damage or disabling of the Website and/or the contents.
- Specifically, and for merely illustrative purposes, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that: • In any way is contrary to, disregards or infringes fundamental rights and public freedoms recognised by the Constitution, International Treaties and other legislation in force; • Induces, incites or promotes criminal, denigrating, defamatory or violent actions or, in general, actions that are contrary to the law, morals, generally accepted good customs or public order; • Induces, incites or promotes discriminatory actions, attitudes or thoughts on the grounds of sex, race, religion, beliefs, age or status; • Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morals, generally accepted good customs or public order. Induces or may induce an unacceptable state of anxiety or fear. • Induces or incites to get involved in dangerous, risky or harmful practices for health and mental balance. • Is protected by legislation on intellectual or industrial protection belonging to the company or to third parties without having been authorised for the use intended. • Is contrary to the honour, personal and family privacy or to the image of people. • Constitutes any kind of advertising. • Includes any type of virus or program that prevents Website from working normally.
If, in order to access any of the services and/or contents of the Website, you are provided with a password, you are obliged to use it diligently, keeping it secret at all times. Accordingly, you will be responsible for its proper safeguarding and confidentiality, undertaking not to assign it to third parties, whether temporarily or permanently, or to allow access to the mentioned services and/or contents by outsiders. Likewise, you undertake to notify the company of any event that may involve improper use of your password, such as, but not limited to, its theft, loss or unauthorised access, in order to cancel it immediately. Accordingly, if you do make the foregoing notification, the company will be exonerated from any liability that could arise from the improper use of your password. In this event you will be liable for any unlawful use of the contents and/or services of the Website by any illegitimate third party. If you negligently or maliciously fail to comply with any of the obligations set out in these General Conditions of Use, you will be liable for all the damages that may result for the company as a result of such breach.
6. LIABILITIES
There is no guarantee of continuous access, nor the correct viewing, downloading or use of the elements and information contained on the website that may be prevented, hindered or interrupted by factors or circumstances beyond its control. It is not liable for any decisions that may be taken as a result of access to the content or information offered.
The service may be interrupted, or the relationship with the User may be immediately terminated, if it is detected that the use made of its Website, or of any of the services offered therein, is contrary to these General Conditions of Use. We are not liable for any damages, losses, claims or expenses arising from the use of the Website.
We will only be liable for removing, as soon as possible, the contents that may generate such damage, provided that this is notified. In particular, we will not be liable for damages that may arise from, inter alia:
- Interferences, interruptions, malfunctions, omissions, telephone faults, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or by any other cause beyond the company’s control.
- Unlawful interference by the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
- Abuse or misuse of the Website.
- Security or browser errors caused by a browser malfunction or by the use of non-updated versions of the browser. The Website administrator reserves the right to withdraw, in full or in part, any content or information present on the Website.
The company excludes any liability for damages of any kind that may be due to the improper use of the services that are freely available and for use by Users of Website. The company is also exonerated from any liability for the content and information that may be received as a result of the data collection forms, which are only for the provision of enquiries and doubts. On the other hand, in the event of causing damages due to unlawful or incorrect use of these services, the User may be liable for the damages caused.
You will hold harmless the company against any damages arising from claims, actions or demands by third parties as a result of your access to or use of the Website. You also agree to indemnify us against any damages arising from your use of robots, spiders, crawlers or similar tools used to collect or extract data or any other action on your part that imposes an unreasonable burden on the operation of the Website.
7. HYPERLINKS
The User undertakes not to reproduce in any way, not even by means of a hyperlink, the Website, or any of its contents, unless expressly authorised in writing by the person responsible for the file.
The Website may include links to other websites managed by third parties, in order to facilitate the User’s access to information from partner and/or sponsoring companies. In accordance with this, the company is not liable for the content of said Websites, nor does it place itself in the position of guarantor and/or offeror of the services and/or information that may be offered to third parties through the links.
The User is granted a limited, revocable and non-exclusive right to create links to the home page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not falsify their relationship or state that such a link has been authorised, nor may they include brands, names, trade names, logos or other distinctive signs of our company; (ii) they cannot include content that may be considered to be in bad taste, obscene, offensive, controversial, inciting violence or discrimination on grounds of sex, race or religion, contrary to public order or illegal; (iii) they cannot link to any page of the Website other than the home page; (iv) they must link to the Website URL itself, without allowing the linking website to reproduce the Website as part of its own website or within one of its frames or to create a browser on any of the Website pages. The company may at any time request the removal of any link to the Website, following which the link must be removed immediately.
The company cannot control the information, contents, products or services provided by other Websites that have established links to the Website.
8. DATA PROTECTION
To use some of the Services, the User must first provide certain personal data. The company will automatically process this data and apply the corresponding security measures, all in compliance with the GDPR, LOPDGDD and LSSI. The User can access the processing-of-personal-data policy, as well as the establishment of the previously established purposes, under the conditions defined in the Privacy Policy.
9. COOKIES
The company reserves the right to use cookie technology on the Website, in order to recognise you as a frequent User and to customise your use of the Website by pre-selecting your language, or more desired or specific content.
Cookies are files sent to a browser, by means of a web server, to register the User’s browsing on the Website, when the User allows such cookies. If you wish, you can configure your browser to warn you on screen of the reception of cookies and to prevent the installation of cookies on your hard drive. Please consult your browser’s instructions and manuals for further details.
Thanks to the cookies, it is possible to recognise the browser of the device used by the User in order to provide content and offer browsing or advertising preferences to the User, to the demographic profiles of the Users as well as to track visits and traffic parameters, control the progress and number of entries.
10. REPRESENTATIONS AND WARRANTIES
In general, the contents and services offered in the Website are merely informative. Accordingly, in offering them, no representation or warranty is made in relation to the content and services offered on the Website, including, but not limited to, warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.
11. FORCE MAJEURE
The company will not be liable in all cases where it is impossible to provide service, if this is due to prolonged interruptions of power supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.
12. RULING ON CONTROVERSIES. JURISDICTION AND APPLICABLE LAW
These General Conditions of Use, as well as the use of the Website, will be governed by Spanish legislation. For ruling on any controversy, the parties will submit to the Courts and Tribunals of the jurisdiction where the website Data Controller has its registered office.
In the event that any provision of these General Conditions of Use should prove to be unenforceable or invalid by virtue of applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity will not render these General Conditions of Use unenforceable or invalid as a whole. In such cases, the company will amend or replace said clause with another that is valid and enforceable and that, to the extent possible, achieves the objective and purpose reflected in the original clause.