A. General terms
KOUKIO SOLUTIONS, SOCIEDAD LIMITADA (hereinafter referred to as “KOUKIO”) through its website, provides information to its customers and users on its corporate identity, organization, activities, products and services. The information contained in the web concerning the company is the one in force at the time of its publication, ensuring that it is at all times precise and accurate, proceeding to update it as quickly as possible, trying to avoid errors and correcting them as soon as possible, as they can be detected. In any case, KOUKIO cannot guarantee the absence of errors in the same nor that the content of the information is permanently updated.
KOUKIO may at any time and without prior notice, modify, delete or update the information and conditions contained in the website or in its presentation, configuration, access, use, features and specific contents.
The information provided in response to any query or request for information is merely indicative and / or informative on its activities, products and services, and in no case will be binding on KOUKIO, nor for the contracting of the same by the customers and users, unless expressly stated otherwise.
The contents of the website can be downloaded to the user’s device whenever it is for private and of private use, and for no economic or commercial purpose, and cannot be reproduced for any other purpose, copy, exploitation, distribution, modification, Public communication, transfer or transformation, unless specific and formal authorization.
B. General conditions of use of the website
The present general conditions regulate the access and use of the web that KOUKIO places free of charge to its clients and users. The present general conditions will apply to the activities of providing information and / or contents, as the case may be, that are made through the web, so that these conditions will govern the access, navigation and use of the website. The access, navigation or use of any utility or service of the web entails the acquisition by the user of the mentioned condition to the present effects.
The registration, access, navigation or use of the web implies the full and unreserved acceptance by the user of each and every one of the general conditions of access and use of the web, which are in force at any time. Consequently, if the user does not agree with any of the conditions set forth herein, he shall refrain from accessing and using this website and from the utilities that may be made available to the user at any time through it or in a related manner, as well as well as to register in it.
KOUKIO reserves the right to modify at any time these general conditions of use of the website as well as any other general or particular conditions, regulations of use, instructions or notices that result from application. Also, KOUKIO reserves the right to suspend, interrupt or stop operating the website at any time.
The conditions of access and use of this website are governed by the principles of legality and good faith, the user committing himself to use the website, as well as the information or services provided in accordance with the Law, morality, good customs and public order.
1.1. Through the website, KOUKIO provides its users with information on their corporate identity, activities, products and services, as well as access to various contents, data and information of their own and general (hereinafter referred to as “the contents”) made available to users by KOUKIO or, in due course and case, by third parties. The content mentioned is available to the user through visualization or download. KOUKIO reserves the right to modify at any time the presentation, configuration and location of the website, as well as the contents and the conditions required to use them.
2. Conditions of access and use
2.1. User requirements. Only access to and use of this web site is allowed to physical and legal persons who wish to obtain information about the organization, its products and services and to use its present and future options and contents, which is why KOUKIO is exempt from liability in the case when completing any contact form false or erroneous data has been inserted with respect to the user, in any case corresponding to the user or his / her legal representatives. KOUKIO reminds users who are under 18 years of age to take care of children, who will be solely responsible for determining which services and / or contents are appropriate for the age of the latter, and there are computer programs that allow filtering and blocking access to certain contents and services.
2.2. Access and use of the website. The user accepts that the access and use of the web and / or the contents included in the same takes place freely and consciously, under his exclusive responsibility. The access to the web and / or the contents included in the same does not imply any kind of guarantee regarding the suitability of the web and / or the contents included for profiles or specific or specific users. KOUKIO may establish limitations and / or additional conditions for the use and / or access to the web and / or contents, which should be observed by users in any case.
2.3. Authorized use of the web and the contents. The user undertakes to make adequate and lawful use of the website and the contents, in accordance with the applicable legislation, these general conditions of use of the web, morality and generally accepted good practices and public order. The user must refrain from: a) Making an unauthorized or fraudulent use of the website and / or content; B) Access or attempt to access resources or restricted areas of the web, without fulfilling the conditions required for such access; C) To use the web and / or the contents for illicit purposes or effects, illegal, contrary to the established in the present general conditions, to the good faith and the public order, prejudicial to the rights and interests of third parties, or that of any KOUKIO’s image or business, or to prevent the normal use or enjoyment of the website; D) To cause damages in the physical or logical systems of KOUKIO, its suppliers or third parties; E) To introduce or disseminate in the network computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of KOUKIO, its suppliers or third parties; F) Attempt to access, use and / or manipulate the data of KOUKIO, third-party suppliers and other users; G) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the content, unless authorized by the holder of the corresponding rights or is legally permitted; H) To suppress, to hide or to manipulate the legends and information on intellectual or industrial property rights and other data identifying the rights of KOUKIO of third parties incorporated to the contents, as well as the technical devices of protection or any mechanisms of information that can be inserted in the content; I) Obtain and try to obtain the contents using means or procedures different from those that, as the case may be, have been made available for this purpose or have been expressly indicated on the website where the content is found or, in general , Which are usually used on the Internet because it does not involve a risk of damage or render the web and / or content unusable.
2.4. Introduction of Links. Those users who wish to establish a hyperlink, link or link between their website and the web (hereinafter referred to as the “link”) must fulfill the following obligations: a) The link will only allow access to the website, but will not be able to reproduce it no shape; B) Deep links are prohibited; C) practices such as “framing”, “border environment” and any other use of web content or corporate image of the company in favor of unauthorized users or third parties are expressly prohibited; D) There will be no false, inaccurate or incorrect statements or indications on the website; E) You cannot express or induce to understand that KOUKIO has supervised or assumed in any way the contents or services offered or announced in the web in which the link is established or that there is a non-existent commercial, professional or corporate relationship; F) The website in which the link is established will not contain any brand, commercial name, establishment label, denomination, logo, slogan or other distinctive signs belonging to KOUKIO or to third parties, without its authorization; G) The website in which the link is established will not contain information or illegal content, contrary to morality and generally accepted good practices and public order, or contrary to any rights of third parties; H) The practice does not affect or can adversely affect the image of KOUKIO and its products and services. The establishment of the link in no way implies the existence of any relationship between KOUKIO and the owner and / or operator of the website in which it is established, nor the knowledge, acceptance and / or approval by KOUKIO of its contents and / or services. KOUKIO will not be liable for any consequences that may result from the introduction of links by third parties, nor from the contents, information and / or services offered in the websites in which the link has been established. The website includes links to third-party websites that are considered to be of interest to users. KOUKIO does not assume any responsibility derived from the connections or the contents of those links.
2.5. The user undertakes not to carry out advertising, promotional or commercial activities through or using the web and its contents, as well as not to use its contents or profits and especially the information obtained from it to send advertising, send messages for direct sale or for any other commercial purpose, nor to collect or store personal data of third parties.
2.6. The user agrees to comply with the present conditions of access and use with the modifications that may suffer in the future and that will be published immediately on the web and inserted in this section, as well as the particular conditions that result from application. It is also obliged to comply with the special warnings or instructions of use contained therein or on the website, and to act in good faith and in accordance with the law, morality and good customs, using due diligence to the nature of the service which it enjoys, refraining from using the web, utilities or contents in a way that can prevent, hinder, damage or deteriorate the normal operation of the same, the image, goods or rights of KOUKIO, customers, suppliers or third parties.
2.7. To the present effects and for any communication that is precise between KOUKIO and the user, requests, questions, suggestions or complaints, this can be directed by email to the following address; email@example.com or, by written communication addressed to the following postal address : Nassio Bayarri, No. 7, El Puig CP 46540 (Spain). The communications of KOUKIO to the user will be made in the postal or electronic addresses provided by this one when registering. The user expressly accepts the e-mail as a medium and channel of notification valid for the practice of any communication related to the web, its use, utilities, contents and / or the acquisition of goods or services.
3. Industrial and intellectual property rights
3.1. The web application, design, development, software, technical documentation, user manuals, texts, images, marks and other distinctive signs, graphics, logos, buttons, color combinations, graphic representation, structure, selection, Contents, audio, files, databases and its own contents in the same are protected by the laws of intellectual property and industrial Spanish, community and international treaties, being prohibited its reproduction, distribution, public communication and transformation, except for private use In the terms expressly authorized in these terms and conditions. All intellectual property rights are reserved on the application and associated tools, as well as on its contents.
3.2. The user acknowledges and accepts that all industrial and intellectual property rights over the contents and / or any other elements included on the website (including without limitation, trademarks, logos, trade names, other distinctive signs, texts, images, graphics, textures , icons, photographs, designs, sounds, databases, menus, software, flow diagrams, presentation, programming elements, web design, audio and video) belong to KOUKIO, its suppliers and / or third party holders Have authorized their inclusion on the web. In no case does access to the website imply any waiver, transmission, license or total or partial transfer of said rights or expectation of right, unless expressly stated otherwise. The present general conditions of use of the web do not grant the users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the web and / or its contents other than those expressly foreseen herein. Any other use or exploitation of any rights will be subject to the previous and express authorization specifically granted for this purpose by KOUKIO or the third holder of the rights affected.
3.3. KOUKIO authorizes users to use, display, print, download and store the web and its contents in a lawful and legitimate manner, and provided that it is compatible with the purposes of the same, that is carried out with the only intention of obtaining the contained information For the exclusive use, personal and private of the user – forbidden expressly, inter alia, its use for commercial purposes, especially its distribution, public communication, transformation or de-compilation, as well as for the performance of any practice or act of imitation or unfair competition -, that its integrity is maintained and that it is not modified or transformed – it is expressly prohibited, inter alia, that the graphics, signs, icons or images available on the web are used, copied or distributed separately from the text or other images and, in any case, as long as the origin and / or author of the same are indicated and, where appropriate, the copyright symbol and / or industrial property notes of their owners appear. The use of such elements, their reproduction, communication and / or distribution for commercial or lucrative purposes, as well as their modification, alteration, or de-compilation is strictly prohibited. For any use other than those expressly permitted, it will be necessary to obtain the prior written consent of the holder of the rights in question.
3.4. The unauthorized use of the information contained in the website and / or its contents, its resale, as well as the infringement of the intellectual or industrial property rights of KOUKIO or its image in the market will entail the demand of the legal responsibilities that proceed before the relevant national and international bodies and tribunals.
5.1. KOUKIO, aware of the risks associated with facing the new challenges of providing services or using applications or communication tools through communication networks, especially the Internet, has made stringent security measures to reduce such risks. However, KOUKIO cannot guarantee the absolute invulnerability of its security systems, so it excludes any type of liability for damages of any nature and kind that may be due to the presence of viruses or other elements that may cause alterations in the computer system (software and hardware), terminals, electronic documents and files of the user or any third party. KOUKIO cannot guarantee the download of the contents made available to the user in this web through other distribution channels, authorized or not by the same.
5.2. Access to the application and associated tools such as the non-consented use that can be made of the information and contents of the same is the sole responsibility of the person who performs it. KOUKIO shall not be liable for any consequence, damage or prejudice that may result from such access or use.
6. Exclusion of guarantees and liability
6.1. Exclusion of guarantees and responsibility for the operation of the website and information services requested. KOUKIO does not guarantee the availability and continuity of the operation of the website or of those other websites with which a link has been established. In addition, KOUKIO shall not be liable for any damages that may arise, with a merely illustrative character, which is not limited to: a) The lack of availability or accessibility of the website or other sites with which a link has been established; B) The interruption in the operation of the web or computer malfunctions, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, in the Internet system or in other electronic systems produced in the course of its operation; C) The lack of suitability of the web for the specific needs of users; D) Other damages that may be caused by third parties through unauthorized inferences or intrusions beyond the control of KOUKIO; E) Inability to provide the service or allow access and use for causes not attributable to KOUKIO, due to the user, third parties, or force majeure; F) The lack of permanent updating of its contents and of the divergences of the information, documentation and contents of the web, its appearance, graphic representation and visualization with the printed version.
In order to reduce the risk of virus introduction on the web, KOUKIO uses virus detection programs to control all the content it introduces to the web. However, KOUKIO does not guarantee the absence of viruses or other elements on the web introduced by third parties outside KOUKIO that may cause alterations in the physical or logical systems of the users or in the electronic documents and files stored in their systems, maximum if these are contents distributed by third parties. Consequently, KOUKIO will not be responsible for any damages of any nature that could be derived from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or user files.
KOUKIO will not be responsible for the inadequate functioning of the system if it is due to maintenance work, incidents affecting communications, network and connection service providers, to an overload of the system not attributable to KOUKIO, to a defective configuration of the Equipment of the user or its insufficient capacity to support the computer systems indispensable to be able to make use of the service. KOUKIO will not be responsible for failures and / or damages derived from the incompatibility of the services with other services or software programs with which it is not specifically interoperable.
6.2 Exclusion of guarantees and responsibility for the use of the web, applications and / or related services. KOUKIO does not control, in general, the use that users make of the web and applications. KOUKIO does not guarantee and will not be responsible in any case for the use that the users and / or third parties could make of the web, its contents, applications or related services, nor of the damages that could derive from it.
6.3 Exclusion of guarantees and responsibility for the contents. KOUKIO neither guarantees nor is responsible for the adequacy of each of the contents published on the web for specific user profiles of the website. KOUKIO does not publish the contents of third parties published in the web, consequently, does not guarantee nor is responsible for the legality, reliability, usefulness, veracity, accuracy, completeness and topicality of said contents. KOUKIO will not be liable in any case for any damages that may arise from a) The lack of legality, reliability, usefulness, accuracy, completeness, and / or topicality of the contents originated by third parties; B) The inadequacy for any purpose and the fraud of the expectations generated by the contents; C) Decisions or actions taken or avoided by the user relying on the information or data provided or provided in the contents, including without limitation the loss of profits or business opportunities.
6.4 Exclusion of guarantees and responsibility in relation to the links. The website can provide users with technical linking devices that allow users to access pages and / or websites belonging to and / or managed by third parties. KOUKIO checks the content on these pages at the time it establishes a link to them and does so in the good faith belief that such content complies with the applicable legislation. However, in no case, KOUKIO is responsible, approve, or make own products, services, content, information, data, files and any kind of material on such websites and does not control or be responsible, approve or do Successive modifications of said materials. In the event that it deems it appropriate or is required by judicial or administrative order, KOUKIO will remove the links to those websites that infringe the applicable law and / or harm the rights of third parties.
6.5. KOUKIO declines any liability for damages of any nature and kind that may arise from the lack of availability or uninterrupted continuity of the operation of the service caused by causes beyond its control, from the loss of profit or expected utility that KOUKIO or its Users could have attributed to the utilities or services, or the fallibility of all this. KOUKIO shall not be liable in any case for any special or indirect damages, or for any other damages resulting from a loss of use, data or benefits, or legal action by contract, negligence or any other, derived or related With the use, performance or information available on the web.
7. Actions in case of non-compliance
7.1. KOUKIO reserves the right to exercise as many shares as possible in accordance with the law in force and applicable in each moment and case to demand the responsibilities arising from breach of any of the provisions of these general conditions of use the web and / or related services by part of a user.
8.1. The declaration of any of these general conditions of access and use as null, invalid or ineffective will not affect the validity or effectiveness of the remaining ones, which will remain binding between the parties. The waiver by either party to demand at any given time the fulfillment of any of the general conditions set forth herein shall not imply a general waiver of compliance with another condition or conditions, nor shall it create an acquired right for the other party.
9. Applicable law and competent jurisdiction
9.1. The present general conditions of access and use of the web will be governed and interpreted according to the Laws of Spain. For the resolution of any controversy that could arise from the access and use of the web, the user and KOUKIO will submit, with express resignation to any other jurisdiction that may correspond to the Courts and Tribunals of the city of Valencia (Spain).
© KOUKIO SOLUTIONS LIMITED SOCIETY 2012 ALL RIGHTS RESERVED