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LEGAL NOTICE 17/07/2024

1. INTERPRETATION OF THE LEGAL NOTICE

The present text of the Legal Notice must be interpreted in accordance with the applicable Law and the legal texts of the Bimetica Portal for its correct interpretation. The legal texts of the Portal are composed, apart from the present text, of the "General Contracting Conditions", the "Privacy Policy" and the "Cookies Policy".

Legal texts

Legal Notice: https://bimetica.com/en/textos-legales/aviso-legal

Cookies Policy: https://bimetica.com/en/textos-legales/cookies

Privacy Policy: https://bimetica.com/en/textos-legales/privacidad

General Terms and Conditions: https://bimetica.com/en/textos-legales/terms

The present provisions regulate the general use of the Internet portal service (hereinafter, the "Portal") that the entity Bimetica Parametric Design Services, S.L. (hereinafter, Bimetica) makes available to Internet Users.

2. CONDITIONS OF ACCESS AND USE.

Access to the website is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by users.

Certain services are exclusive to our Registered Users and Companies, and access to them is restricted.

The use of the Portal confers the condition of Portal user (hereinafter, the "User") and implies acceptance of all the conditions included in this Legal Notice, Privacy Policy, Cookies Policy and General Contracting Conditions. The provision of the Portal service is limited to the time at which the User is connected to the Portal or to any of the services provided through it. Therefore, the User must carefully read this Legal Notice and the Legal Texts each time he/she intends to use the Portal, as the Portal and its conditions of use may undergo modifications.

3. INTELLECTUAL AND INDUSTRIAL PROPERTY

All the contents of the Portal, understood to include but not limited to texts, photographs, graphics, images, icons, technology, software, links, and other audiovisual or sound content, as well as its graphic design, content files and source codes (hereinafter, the "Contents"), are the intellectual property of Bimetica or third parties, and none of the exploitation rights over them beyond what is strictly necessary for the correct use of the Portal may be understood to have been transferred to the User and none of the exploitation rights over them may be understood to have been transferred to the User beyond what is strictly necessary for the correct use of the Portal.

The brands, commercial names or distinctive signs are owned by Bimetica or third parties, without it being understood that access to the Portal attributes any right over the aforementioned brands, commercial names and/or distinctive signs.

This article is to be read in conjunction with Article 10 of the General Terms and Conditions.

URL: Go to General Terms and Conditions

4. CONDITIONS OF USE OF THE PORTAL

4.1. GENERAL

The User is obliged to make correct use of the Portal in accordance with the Law and this Legal Notice. The User will be liable to Bimetica or to third parties for any damages that may be caused as a consequence of non-compliance with said obligation.

It is expressly forbidden to use the Portal for purposes that are harmful to the property or interests of Bimetica or third parties or that in any other way overload, damage or render useless the networks, servers and other computer equipment (hardware) or products and computer applications (software) of Bimetica or third parties.

4.2. DATA COLLECTION FORMS

Without prejudice to the provisions of clause 5 of this Legal Notice, the use of certain services or requests addressed to Bimetica are conditional upon the prior completion of the corresponding User Registration.

All information provided by the User through the forms of the Portal for the aforementioned purposes or any other must be truthful. To these effects, the User guarantees the authenticity of all the data that he/she communicates and will maintain the information provided to Bimetica perfectly updated so that it corresponds, at all times, to the real situation of the User. In any case, the User will be the only one responsible for the false or inaccurate statements made and for the damages caused to Bimetica or to third parties for the information provided.

4.3. INTRODUCTION OF PORTAL LINKS

The User or Company that wishes to introduce links from their own web pages to the Portal must comply with the conditions detailed below, without ignorance of these conditions avoiding the responsibilities derived from the Law. The link will only link to the homepage or main page of the Portal, but may not reproduce it in any way (offline links, copy of texts, graphics, etc.). Bimetica's Iframe codes may only be included in other websites with the prior express authorisation of Bimetica.

In accordance with the applicable legislation in force at any given time, it is forbidden in any case to establish iframes or frames of any kind that surround the Portal or allow the Contents to be viewed through Internet addresses other than those of the Portal with the aim of deceiving the Internet user and, in any case, when they are displayed together with contents outside the Portal in such a way that:

a.- Produces, or may produce, error, confusion or deception in users as to the true origin of the service or Contents;

b.- Involves an act of unfair comparison or imitation;

c.- Serves to take advantage of Bimetica's brand reputation and prestige; or

d.- In any other way prohibited by current legislation.

The page that introduces the link will not make any type of false, inexact or incorrect statement about Bimetica, its partners, employees, clients, companies, users, or about the quality of the services it provides.

Under no circumstances will it be expressed on the page where the link is located that Bimetica has given its consent for the insertion of the link or that it otherwise sponsors, collaborates, verifies or supervises the services of the sender.

The use of any word, graphic or mixed brand or any other distinctive sign of Bimetica within the sender's page is prohibited except in cases permitted by law or expressly authorised by Bimetica and provided that, in these cases, a direct link to the Portal is permitted in the manner established in this clause.

The page that establishes the link must comply faithfully with the law and may not under any circumstances provide or link to its own content or that of third parties that:

e.- Are illicit, harmful or contrary to morals and good customs (pornographic, violent, racist, etc.);

f.- induce or could induce in the User the false conception that Bimetica subscribes to, endorses, adheres to or in any way supports the ideas, statements or expressions, legal or illegal, of the sender;

g.- are inappropriate or not pertinent to the activity of Bimetica in view of the place, contents and subject matter of the sender's web page.

5. EXCLUSION OF LIABILITY

5.1. OF THE INFORMATION

Access to the Portal does not imply any obligation on the part of Bimetica to verify the truthfulness, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it. The contents of this page are of a general nature and do not constitute, in any way, the provision of an advisory service of any kind, so that this information is insufficient for the User to make personal or business decisions.

Bimetica is not responsible for the decisions taken on the basis of the information provided on the Portal nor for the damages caused to the User or third parties as a result of actions whose only basis is the information obtained on the Portal.

5.2. QUALITY OF SERVICE

Access to the Portal does not imply an obligation on the part of Bimetica to control the absence of viruses, worms or any other harmful computer element. It is the responsibility of the User, in any case, to ensure the availability of adequate tools for the detection and disinfection of harmful computer programs.

Bimetica is not responsible for any damage caused to the computer equipment of Users or third parties during the provision of the Portal service.

5.3. AVAILABILITY OF THE SERVICE

Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation does not correspond to Bimetica. Consequently, the services provided through the Portal may be suspended, cancelled or become inaccessible, prior to or simultaneously with the provision of the Portal service.

Bimetica is not responsible for damages of any kind caused to the User as a result of failures or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the Portal service during or prior to the provision of the same.

5.4. OF THE CONTENTS AND SERVICES LINKED THROUGH THE PORTAL

The Portal access service includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, "Linked Sites"). In these cases, Bimetica acts as a provider of intermediation services in accordance with article 17 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (hereinafter LSSI) and will only be responsible for the contents and services supplied on the Linked Sites to the extent that it has effective knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illicit or inappropriate content, he/she may notify Bimetica in accordance with the procedure and effects established by Law and article 5 of this text, without this notification in any case entailing the obligation to remove the corresponding link.

Under no circumstances should the existence of Linked Sites presuppose the existence of agreements with the managers or owners of the same, nor the recommendation, promotion or identification of Bimetica with the manifestations, contents or services provided.

Bimetica does not know the contents and services of the Linked Sites and therefore is not responsible for the damages produced by the unlawfulness, quality, lack of updating, unavailability, error and uselessness of the contents and/or services of the Linked Sites nor for any other damage that is not directly attributable to Bimetica.

6. REPORTING OF ACTIVITIES OF AN UNLAWFUL AND INAPPROPRIATE NATURE

In the event that the User or any other Internet user, or the Company becomes aware that the Linked Sites refer to pages whose contents or services are illicit, harmful, denigrating, violent or contrary to morality, he/she may contact Bimetica indicating the following points:

- Personal data of the caller: name, address, telephone number and e-mail address;

- Description of the facts that reveal the unlawful or inappropriate nature of the Linked Site;

- In the event of infringement of rights, such as intellectual and industrial property rights, the personal details of the holder of the infringed right when this is a person other than the communicating party. Likewise, you must provide the title accrediting the legitimacy of the holder of the rights and, where appropriate, the title of representation to act on behalf of the holder when it is a person other than the communicating party;

- Express declaration that the information contained in the complaint is truthful. The reception by Bimetica of the communication foreseen in this clause will not suppose, according to the provisions of the LSSI, the effective knowledge of the activities and/or contents indicated by the communicating party.

7. LEGISLATION AND JURISDICTION.

Before initiating legal proceedings, Bimetica will look for ways to resolve the conflict amicably, using mediation or arbitration.

Bimetica will make use of the civil or criminal actions that by law correspond to any non-observance or violation of the Legal Notice and other legal texts, as well as for the improper use of the contents of the Portal.

Any disputes that may arise in relation to the terms and interpretation of this contract (legal texts) shall be governed solely by Spanish law. In particular these conditions are subject to the provisions of;

  • Law 7/1998 of 13 April 1998 on General Terms and Conditions,
  • Law 7/1996 of 15 January 1996 on the Regulation of Retail Trade,
  • Law 34/1988 of 11 November 1988 on General Advertising,
  • Law 17/2001 of 7 December 2001 on Trade Marks.
  • Law 3/1991 of 10 January 1991 on Unfair Competition.
  • Royal Legislative Decree 1/1996, of 12 April 1996, approving the revised text of the Intellectual Property Law, regularising, clarifying and harmonising the legal provisions in force on the subject.
  • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation or GDPR).
  • Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights
  • Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce.
  • And such other laws as may be appropriate.

For the resolution of any extrajudicial or judicial dispute arising from the interpretation and/or fulfilment of the Legal Notice and other legal texts, the parties, waiving any other general or special jurisdiction that may correspond to them, or because the User's residence or domicile is outside Spain, submit to the Courts and Tribunals of the city of Barcelona.

8. LANGUAGE

In the event that Bimetica has provided a translation of the Spanish language version or other languages of the legal texts or any other binding documentation, the User or the Company accepts that such translation is only provided for the convenience of the User or the Company and that the Spanish language version shall govern the relations with Bimetica.

9. BIMETICA INFORMATION

Company name or official name: Bimetica Parametric Design Services, S.L.,

Tax identification number or VAT number: B65592925

Trade Register: Trade Register of Tarragona on 20 April 2021; Volume: 3251, Book: 0, Page: 194, Section: 8, Sheet: T56936, Entry or registration: 2

Address: Calle Villarroel núm 11, bajo 1º,

City: Calafell

Postal Code: 43820

Province: Tarragona

Country: Spain

Telephone: +34 932 267 322

Email: info@bimetica.com

Bimetica is the legitimate owner of the Bimetica® trademark, the Content Database and the Portal and the domain www.bimetica.com.

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