This agreement regulates the access and use of the website that Bismart offers to users that are interested in its service.
The access to BISMART’s web and to the information that concerns any of the services contained in it, implies the acceptance of the terms and conditions provided in this Legal Notice. Therefore, the user declares to be over 18 years old and to have full capacity to contract and to bound, accepting these conditions of use. If the user wants to access and use the information and services offered, he must read carefully this conditions of use. If the user does not agree with this conditions, he must abstain from accessing and using the website and its content, also from using the services that BISMART offers.
Legal information about BISMART
The ownership of this website is Bismart BUSINESS INTELLIGENCE SPECIALIST SERVICES, SL, with CIF B65127409, office location at Castellà Street, 41-43, 08018 Barcelona, and registered at the Companies Registry of Barcelona volume 41.409, folio 58, page B-393135, inscription 1, number 2.463 of its protocol.
Accuracy of information
The contents of the website, especially the ones referred to information and advertising, unless the contraire is expressed, shall not be binding. The portal does not provide recommendations, technical advice, legal advice or any other kind of guidance. This document contains information of general scope and doesn’t have in mind, in any case, the specific or particular criteria of the user. Therefore, the information offered should not be used to make decisions.
BISMART reserves the right to introduce modifications or to partially or totally omit the current content when it’s considered appropriate, also to prevent and restrict the access, temporarily or permanently.
Browsing through Bismart’s ‘s website is free and does not require a previous user registration. However, access, recruitment or use of some services may require the user to register or to give consent and personal information. In that case, these particular services will be governed by their own specific conditions, subject to the conditions set in this Legal Notice.
Some web pages are adapted for use in mobile devices, so it is possible that the presentation and content from the different mobile applications do not match with the web portal. Therefore, it is recommended to full display, if the website is being used for different matters than simply visualising the portal.
BISMART may eventually include, in its website, content, links, social network and other information to third party websites. When the user accesses them and enters other sites, that are not owned by Bismart, the responsibility will be subject to the Terms & Conditions of those specific sites. The user should read carefully their policies of access and use. In none of these cases BISMART exercises control over these sites or their content, and, therefore, is not responsible of the pages and content, neither of the functionality and availability of this third party websites.
Intellectual and industrial property
All rights of intellectual property appearing in this website and its contents (texts, logos, images, sounds, audio, video, software and any other) are exclusively Bismart’s property or its use has been authorized by holders.
BISMART does not guarantee lawfulness and legality of the information, content or links in the website, if the ownership of the elements does not correspond to BISMART.
Accordingly, the use of the information provided, without the authorization of Bismart, is prohibited, including the reproduction, transformation, distribution, transmission by any media, further publication, exhibition, public communication and partial or total representation. These activities, without a previous authorization, constitute violations of Bismart’s intellectual property rights and are sanctioned by the law.
However, having in mind terms, conditions and risks, the user will be able to view all items, to print them, to copy them and to store them in the hard drive of his computer or in any other device, only and exclusively for personal and private use. Under any circumstances this status implies an authorization or license over BISMART’s property rights.
It is prohibited, except in those cases when it is expressly authorized by Bismart, to establish links or hyperlinks from portals or third party websites to BISMART’s website. Any advertising or information from media must be previously approved and certified in a legal writing by Bismart.
In this sense, the user agrees that Bismart may include his name, brand or trade designation in its business records, only with the purpose of clarifying that Bismart has provided services, but has not revealed, in any case, the nature of them.
The user agrees and commits to the data he has provided, assuring that it is not false and that it is not owned by anyone else but the user.
Bismart’s Policy cookies are subject to the Community and Spanish legislation in force, concerning the treatment of personal data and the protection of privacy in the electronic communication sector. Under this circumstances, Bismart informs about the cookies used in its website and, when necessary, asks for consent to use them.
BISMART implements, by itself or through third parties, computer security measures. However, although the user and Bismart exchange information in good faith, it is expressively recognized that none of the parts control operations, reliability, availability or the security of email and Internet; in that way, Bismart is not responsible of the loss, damage or inconvenience, resulting from the loss, delay, interception, corruption or alteration of any email or Internet communication.
In this sense, it doesn’t guarantee the continued access, the correct view, the download or the use of items and information contained in BISMART’s website, that can be affected, hindered or interrupted by factors or circumstances beyond its control.
The utilization of Bismart’s services must exclusively be used for lawful purposes.
BISMART will not be responsible of direct, indirect, special, moral, exemplary or consequential harm, neither of any other damage, including, but not limited to, property damage, loss of use, loss of business, financial loss, loss of data or lost profits. BISMART won’t be responsible of whatever type of action (including, but not limited to, a contract, negligent acts or any other harmful actions) related to use or access to BISMART’s website or content. If the actions of a user from the website generate any kind of claim or administrative and / or legal action against Bismart, the user agrees to keep BISMART unscathed, also its partners, its representatives and its employees.
Validity of clauses
If any of the characteristics and provisions of the contract, were declared or considered invalid, void, illegal or unenforceable, regardless of the reason, the rest of the provisions shall not be affected, remaining valid and fully enforceable.
The parts of the agreement will attempt to replace the provision, amicably, for another one that collects, as much as possible, the characteristics established in the provision that would have been declared invalid. The lack of this agreement, within a maximum period of fifteen (15) days, will enable Bismart to elaborate this binding provision.
Interpretation and Jurisdiction
Whatever does not appear in the contract will be covered by the Spanish Civil Law.
For matters that concern interpretation or implementation of the provisions from these conditions, both parts of the contract agree to use alternative methods of resolution that are mutually accepted, before relying on litigation, which will be subject to the jurisdiction of the Courts and Tribunals of Barcelona, Spain, with an expressed resignation to any other jurisdiction that may correspond.