1. General Information
This Legal Notice has been prepared in order to comply with the provisions contained in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce.
This Legal Notice regulates the use and utilization of the Portal, which is accessed through the Internet address https://diligens.es, which Diligens Tax Consulting, SL, (hereinafter DILIGENS), with registered office at Cristóbal Bordiú, 35, Planta 1, despacho 108, 28003 Madrid, Spain and CIF number B-86918331, and registered in the Mercantile Registry of Madrid, Volume 31,898, Folio 121, Section 8, Page M- 574118, makes available to Internet users.
The aforementioned website has been designed to publicize the information, activities and services offered by DILIGENS.
The use of the Portal attributes the condition of user thereof (hereinafter, the User) and implies the acceptance of all the conditions included in this Legal Notice, and the User must read it carefully each time he/she intends to use the Portal, since its conditions of use may be subject to modifications.
Access to the Portal is free and open except for the cost of the connection through the telecommunications network provided by the access provider contracted by users.
Compliance with the obligations set forth in this Legal Notice is limited to the use of the Portal, and therefore compliance by Users will end when they disconnect from the Portal.
2. Use of the portal
The User must make correct use of the Portal in accordance with current legislation and this Legal Notice, and must be liable for any damages that may be caused as a result of failure to comply with this obligation.
Likewise, the information provided by the User through the Portal must be true. Therefore, the User guarantees the authenticity of all data communicated and undertakes to keep the information provided to DILIGENS perfectly updated so that it reflects, at all times, the current situation of the User, being the sole party responsible for any false or inaccurate statements made and for any damages caused to DILIGENS or third parties by the information provided.
3. Intellectual and industrial property
DILIGENS reserves all rights over trademarks, trade names or other distinctive signs, patents, and intellectual property, with respect to the content and design of this Internet Portal.
In particular, the content that appears or may appear on the Portal (texts, photographs, graphics, images, icons, software, links, graphic design, source code, etc.) is the property of DILIGENS or of third parties who have expressly authorized DILIGENS to include them on the Portal. In no case shall DILIGENS be deemed to grant the User any license or to waive, transfer, or assign, in whole or in part, its rights over said content, or to confer any right of transformation, exploitation, reproduction, distribution or public communication over the content.
Likewise, the trademarks, trade names and other distinctive signs displayed on this Portal are the property of their respective owners. The User accepts that access to this Internet Service should not be understood as the tacit granting, by virtue of the doctrine of its own acts or by any other mechanism, of any license or right to use any trademark, trade name or any other distinctive sign displayed on this Portal, without the prior written consent of DILIGENS or its respective owners.
4. Responsibility
DILIGENS is not obliged to verify the truthfulness and accuracy of the information provided through its website. DILIGENS is not responsible for decisions made based on the information provided on the Portal, nor for any damages or losses suffered by the User as a result of actions based solely on the information obtained on the Portal, since the contents of this page are of a general nature and do not constitute the provision of professional services of any kind, so that said information is insufficient for the User to make professional or business decisions.
Access to the Portal does not imply an obligation on the part of DILIGENS to control the absence of viruses or any other harmful computer element, and it is the User's responsibility to have the appropriate tools available to detect and disinfect harmful computer programs. Therefore, DILIGENS is not responsible for any damage caused to the computer equipment of Users or third parties during the provision of the Portal service.
DILIGENS is not responsible for any damage or harm caused to the User due to failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during the provision of the same or before or after.
5. Protection of personal data
DILIGENS guarantees that it complies with the security measures required by the Regulation on Security Measures for automated files containing personal data approved by Royal Decree 994/1999, of June 11.
The data that may be collected through the Portal will be included in an automated personal data file for which DILIGENS is responsible. DILIGENS will treat the information confidentially and exclusively for the purpose of sending you the information requested through this page related to DILIGENS' areas of interest, sending you specific DILIGENS publications, responding to your queries, considering you in future selection processes, etc. DILIGENS will cancel personal data when it is inaccurate, incomplete or is no longer necessary or relevant for the purpose for which it was collected, in accordance with the provisions of current legislation on the protection of personal data.
The User may exercise his or her rights of access, rectification, cancellation and opposition by contacting the person responsible for the file at the address that appears in Clause 1, indicating "PD" as the reference on the envelope.
DILIGENS may use cookies during the provision of the Portal service, although the User has the option of configuring his or her browser to prevent the creation of cookie files or to warn him or her when this occurs. Cookies are automatic procedures for collecting information regarding the preferences determined by a user during his or her visit to a particular web page. This information is recorded in small files that are saved on the User's computer equipment, and each time the User accesses the website in question again, these files are automatically activated in order to configure the website with the preferences indicated on previous visits.
6. Applicable legislation and jurisdiction
This Legal Notice is governed in each and every one of its aspects by Spanish legislation and any dispute arising therefrom will be resolved by the Courts and Tribunals of Madrid Capital.
In any case, it would be possible to establish that the contentious issues be resolved through arbitration under the law:
“For any contentious issues that may arise in relation to the Portal, the parties agree, waiving, where applicable, any jurisdiction that may apply to them, to resolve them through Legal Arbitration within the framework of the Madrid Court of Arbitration of the Official Chamber of Commerce and Industry of Madrid, which is entrusted with the administration of the arbitration and the appointment of the arbitrators in accordance with its Regulations and Statutes.”
