General Conditions for use and Responsabilities
1. LEGAL NOTIFICATION
By means of this notification, PABLO HUC, S.A (hereinafter PHUC),
with Fiscal Identification Number
A-08397291, inscribed in the Mercantile Registry, tome 2942, folio 147,
sheet 31168, with company domicile at Travessera de Grácia nº 73-79, C.P. 08006,
in Barcelona, Spain, registered owner of the web site
www.phuc.es, regulates the use of the internet
portal service for www.phuc.es,
which it places at the disposal of Internet users.
The use of the portal and the reading of the general conditions hereinafter set forth supposes
for the user a full and express acceptance, assuming full responsibility for the total or partial
noncompliance with that set forth in the general and particular clauses herein expressed as well
as the legal and/or judicial actions that might arise as a consequence of such an infraction. As
such, the user should read each and every one of the dispositions included in this document as
well as all successive modifications that might be entered both to the general conditions of use
as well as the specific and particular conditions that might be added and, therefore, applicable
and available for the user’s contemplation by accessing the portal. PHUC, on the other hand,
promises to make clearly known to its users via notifications or its news section any and all
modifications, changes or inclusion of new clauses that might be incorporated in the section
titled “Conditions of Use and Responsibilities”.
As a consequence, PHUC reserves the right to modify the present general conditions with the objective
of adapting them to the current legislation applicable at any given moment as well as jurisprudential
novelties and current market practices.
The present general conditions of use do not exclude the possibility that certain portal services,
due to their particular characteristics, may be also subject to certain particular conditions of
use that shall be made available at all times for consultation by the user before activation.
2. SERVICES AND ACTIVITIES
PHUC, via its portal www.phuc.es, offers the following
contents, services, features and activities:
- a) The sale of computerized equipment
such as software terminals, conventional time clocks for attendance control,
conventional time clocks for all-purpose control, clocks and control systems for
security and follow-up, master clocks and signal programmers, analogue wall clocks,
analogue schedule clocks, electronic wall clocks, digital electronic clocks, bells
and rings for tower bell simulation, digital electronic screens and multi-line
displays.
- b) Post-sales services and customer service
for the products mentioned in a.
- Pc) Technical, repair, installation and modernization
services for all the products described in paragraph a.
As a function of the development and evolution of the company and the sector, PHUC
always reserves the right to expand its portal for the introduction of new products,
services, activities or contents with the objective of improving features and the
quality of the service provided. On the other hand, PHUC reserves the right to cancel,
modify, substitute or restrict those contents, services or activities expressly and
without prior warning to users.
3. CONDITIONS FOR PORTAL ACCESS AND USE. ACCEPTANCE AND RESPONSIBILITY OF THE USER
- Condition, quality and concept of user:
“User” will be understood as any physical or legal person that accesses the
www.phuc.esportal to contemplate, browse,
investigate, search or consult its contents or to locate, acquire or purchase
any product that might be of interest.
Neither previous, express and accepted registration to the portal nor any
communication of personal data will be necessary for the user in accessing
the portal for consultation, searching, or visualization. However, the use
of certain services or the acquisition of certain products might only be
possible under the condition of a previous registration. In other cases, it
is only necessary to register and communicate personal data when a user desires
to contact the company in relation to any consultation linked to its products
or to purchase, acquire, repair or install any of the products offered by PHUC
on its portal. In these cases, it will be necessary and fundamental for the
user to provide, communicate and authorize his personal data freely, expressly
and voluntarily for handling. PHUC assumes the responsibility of usage according
to the regulations established in the Law on Protection of Personal Data and
ensures that it has adopted all necessary security measures of a technical and
organizational nature to protect the confidentiality and integrity of the
information, according to that set forth in Organic Law, 15/1999 of 13
December, on the Protection of Personal Data and Regulation 994/1999, of
14 June, that compliments the former. For more information, it is recommended
that users consult and read carefully PHUC’s Privacy Policy section.
- Cost free services:
In general, the services offered on the portal are free of cost. However, the
acquisition or purchase of any product demonstrated or offered on the portal
will be subject to an economic counter service for the value corresponding to
the object and its commissions in the manner and terms determined under the
particular conditions of the service.
- Use of the portal:
The user recognizes and accepts that the use of the contents and/or services
offered via the portal will be made at the user’s exclusive risk and under the
user’s sole responsibility.
The user promises to use the portal and its services in conformity with the
law, the general conditions, the particular conditions of certain services
and other warnings, the regulations of use and instructions brought to his
knowledge, as well as general moral behavior and accepted good practices and
public order. Similarly, the user promises to make an adequate use of the
services and/or contents of the portal and not use them to carry out illegal
or criminal activities that infringe upon the rights of third parties and/or
challenge the regulation of industrial and intellectual property or any other
such regulations of applicable legal order.
The user promises not to use the portal for the introduction or dissemination
of viruses or harmful systems that might provoke damages to the computer systems
of PHUC, its third party providers or its third party users. The user also
promises not to introduce hyperlinks that allow access to the portal’s web pages
and its services without express consent from PHUC.
The user promises and is obliged not to carry out any action that might discredit
PHUC or any third parties.
- Veracity of information:
The information provided by the user must at all times be true, with
the user being responsible for any declarations, data, contents, information
and details that might be false, vague and inexact. In the case where personal
data are provided in the filling out of questionnaires for registration as a
user, this information must be exact and correct. The user promises and is
obligated to communicate any change or future modification of his personal
data and adapt them, consequentially, to the current situation. Any inexact
information provided by the user exempts PHUC from any responsibility for the
lack of information on the user in relation to products, services, promotional
activities or discounts so long as PHUC has acted with due diligence in its
communication. Under all circumstances, the user will be solely responsible
for any false or inexact statements as well as the damages that these might
cause to PHUC or to third parties.
- Acceptance by the user:
For the mere use of the portal and the reading of the general conditions
and the particular conditions, should this be necessary, the user promises
to accept without any reservations all the aforementioned conditions,
assuming full responsibility in light of the consequences for inadequate,
irresponsible, negligent, blameworthy or damaging use of the portal and its
contents. The user also assumes the consequences and responsibilities in
light of any legal or judicial action that might be produced as a result
of these actions.
4. RESPONSIBILITY FOR PORTAL FUNCTIONING AND CONTENT: :
- Correct functioning and continuous availability:
PHUC will not be held responsible for failures in the functioning of the
portal. Nor shall PHUC be responsible for interruptions, delays, slowness,
losses or disconnections during communication and message transmission.
PHUC neither guarantees nor takes responsibility for the continuous,
constant and uninterrupted operation and functioning of the portal.
- Responsibility for damages to the user:
PHUC will not be responsible, either directly or indirectly, for damages
and harm of any nature caused to the user as a consequence of the presence of
viruses or other elements in the contents and services provided by third parties
that might produce alterations in the computer system of the user. PHUC will
also not be held responsible for damages and harm caused to the user by failures
and errors during access, connection and transmission, or in the unjust
interruption of the service. PHUC will not be responsible for intrusions,
computer viruses, mass advertisement mailings, nor will it assume responsibility
when the above occur due to situations not related to the portal such as defects
in the user’s computer, deficiencies in the user’s connection, internal viruses
in the user’s computer, slowness and problems that the user might have in
communication with telephone companies, or acts of nature.
- Responsibility for contents:
PHUC does not guaranty the quality, exactness or reliability of the data,
programs, information or opinions, whatever the origin might be, that
circulate in the portal. The user assumes as his exclusive responsibility
the result of whatever damages or actions that might occur due to accessing
said contents.
- Responsibility for third parties:
PHUC will not be responsible for consequences arising due to acts carried
out by third parties not related to the system who, breaking through security
measures, carry out acts against users such as spreading computer viruses,
mass advertisements (spam) and commercial mailings, or interrupting service
and access to messages.
PHUC promises and ensures to have adopted all of the technical, organizational
and legal measures necessary to guarantee the security of communications both
in terms of secure connections as well as in terms of the protection of personal
data. What PHUC can neither ensure nor guarantee and therefore exempts itself
of any responsibility for it, is the complete invulnerability of its security
system or the infallibility of communications. The exoneration from
responsibility will prevail so long as PHUC proves that it lacked knowledge
of these computer viruses or acts by third parties, or that, knowing of them,
it acted with due diligence to remove data, impede access, eliminate the
viruses in the computer files having denounced this situation formally before
the competent authorities.
Furthermore, PHUC will not be responsible for the damages produced by cases of
natural disaster, either fortuitous or those not imputable to the company. Nor
is it responsible for the inadequate functioning of the portal for reasons
beyond its competencies, such as (and to name only a few) malfunctions of
telephone operators, improper configuration of the user’s computer, or the
insufficient capacity of the user’s computer to support the contents and the
extensive information exhibited on the portal. However, PHUC promises to exercise
maximum diligence in resolving technical problems, correcting them or helping
the user to resolve them himself.
5. INDUSTRIAL AND INTELLECTUAL PROPERTY
The products offered and manufactured by PHUC, as well as contents, elements
and information that the user can access through the portal are subject to and
protected by the regulations on industrial and intellectual property, including
the brand names, commercial names, legends, graphics, logotypes, patents and
copyrights, all of which belong exclusively to PHUC.
All of the brand names, commercial names, legends, graphics and logotypes that
appear in the portal and in the products as distinctive elements belong exclusively
to PHUC are protected by national, European Community, and international law as
Industrial Property. The user promises not to remove, modify, plagiarize or alter
any distinctive element, brand name, commercial name, legend, graphic or logotype.
The user accepts that access to the portal and its contents does not grant any
rights whatsoever concerning its property, the alteration or modification thereof,
nor does access authorize its exploitation, undue appropriation, commercialization,
the execution of any act of denigration, confusion, taking advantage of PHUC’s
reputation or any other act of abusive character that infringes upon the Industrial
Property Rights of PHUC.
In relation to the contents, designs, sketches and illustrations of the portal,
these belong exclusively to PHUC and are protected by applicable national and
international law. The user recognizes that the intellectual property rights of
PHUC are protected by the regulations established for Intellectual Property.
The user recognizes that none of the rights herein established are ceded to him
and, thus, promises not to exploit, reproduce, publicly communicate, distribute
or decompile portal’s intellectual property. Any action contrary to these protective
rights will be at the responsibility of the user, who is the only responsible party
before third parties. Therefore the user will respond before whatever legal or
judicial actions might be initiated as a result of such noncompliance.
As such, the user promises to use this information exclusively for his personal
needs, such as for consultation or help, and furthermore promises not to undertake,
either directly or indirectly, any type of commercial exploitation of the services,
products, contents as well as any other action that might affect the industrial or
intellectual property rights of ownership. The user is also bound not to prompt or
incite third parties, especially those competing with PHUC, to carry out actions
prohibited by law or acts of dishonesty that impede the positive positioning of
the company, generate confusion, create negative association, or discredit PHUC’s
image, brand or commercial name. The user agrees neither to facilitate or engage
in negative comparative acts aimed at blocking PHUC’s implementation, development
and correct evolution in the market, nor to make use of its distinctive elements
in order to undertake unauthorized commercial or sales activities for personal or
any other benefits. The user will abstain from undertaking acts that run counter
to moral behavior, public order, best practices, dignity, honor, image, personal
or family intimacy, as well as those acts that are illegal and destructive to
society.
The responsibility for acts prohibited by or contrary to the law will be the
exclusive responsibility of the user, who hereby promises to grant PHUC indemnity
before any judicial or extrajudicial action that might be initiated as a consequence
of such actions. The user promises and takes responsibility for the full compliance
of the aforementioned regulations and extends this obligation to any and all persons
authorized by him to make use of his restricted access to the portal.
6. CONFIDENCIALITY AND DATA PROTECTION
PHUC hereby informs that certain uses of the portal imply the provision of
personal data by the user, thereby authorizing the use by means of communication
for handling and inclusion within the personal data files managed by PHUC. PHUC
ensures the compliance to and application of all security measures of an
organizational, technical and legal nature determined by the regulations contained
in Organic Law 15/1999, of 13 December, on the Protection of Personal Data as well
as Regulation 994/1999, of 14 June, that compliments the former. PHUC promises to
install other technical, organizational and legal media in the future in order to
adapt to the evolution of new technologies in terms of security and technological
infractions. Nevertheless, the user must be aware that the security measures of the
Internet are not unassailable.
For more information, the user should consult the portal’s Privacy Policy as well
as those particular conditions under which it is necessary and specified as such to
communicate personal data.
7. MODIFICATIONS, SUSPENSION OF SERVICE
- Modifications:
PHUC reserves the right to effect modifications that it deems convenient to the
portal at any moment. This also holds true for the organization, removal or
addition of contents, data, services or products. The aforementioned modifications
will be carried out unilaterally and without warning. In relation to the general
and particular conditions, PHUC reserves the right to modify them, alter them
and/or compose new clauses as a function of any new activities that are added
or to adapt to new regulations and laws that are announced over time. These
modifications will only be obligatory once they enter into effectiveness and
are applicable for the user at the moment the portal is accessed.
- 2. Suspension of service:
PHUC reserves the right to suspend service unilaterally and without prior
warning, or to deny access to the portal temporarily or indefinitely to any
user who does not comply with the present general and particular conditions
or who undertakes illegal, illicit, or unlawful acts or any other activity
that runs counter to public order and best practices.
8. DURATION, TERMINATION Y RESOLUTION
The rendering of portal services as well as the portal’s proper functioning
carries with it, in principle, an indefinite character. However, PHUC may temporarily
suspend service or end it definitively at any moment or instant.
9. NOTIFICATIONS AND PROCEDURES
PHUC may send clients communication by regular mail to the user’s domicile, by
electronic mail, by telephone calls, or by any other public means of dissemination
so long as this information has been provided to PHUC in the due manner.
In this sense, all notifications that PHUC effects to the user will be considered
valid if they have been made using the data and media described above. To this
effect, the user declares that all of the data facilitated are accurate, correct,
exact, and true, promising to communicate to PHUC any and all future changes,
updates and modifications related to this notification data.
All notifications and modifications provided to PHUC by the user will be
considered effective, for all purposes, when delivered to PHUC in any of the
following formats:
- Regular mail sent to the following address: Travessera de Grácia
nº 73-79, C.P 08006, Barcelona.
- Phone call directed to the following number: +34932375443
- Electronic mail sent to the following address: pablohuc@phuc.es
10. LEGISLATION AND LOCAL JURISDICTION
All questions related to the portal are governed by Spanish Law in any and
all extremes and are submitted to the jurisdiction of the competency of Courts
and Tribunals within the Spanish territory.
Both parties, expressly renouncing their own local jurisdiction, accept Spanish
law as the governing legislation for the present agreement in case of any controversy
in the interpretation or fulfillment of the same, and they submit themselves to
the Courts and Tribunals of Barcelona for the resolution of any litigious disputes
that might arise with respect to the same.
