This Disclaimer sets out the terms and conditions governing the use of and browsing on this Web Platform (hereinafter the “Platform”).

Any access to or browsing or use of the Platform implies status as a Platform user (hereinafter the “user”) and, by extension, the express and unconditional acceptance on the part of the user of all of the terms and conditions set forth in this Disclaimer, and we therefore recommend that the user read it carefully.

1. GENERAL INFORMATION

Pursuant to the provisions of Law 34/2002 of 11 July 2002, on Information Society Services and Electronic Commerce, the Platform is owned by Fundación ONCE para la Cooperación e Inclusión Social de Personas con Discapacidad (hereinafter “Fundación ONCE” ), registered at the Foundations Registry with number 28-0860, with corporate taxpayer ID G-78661923, and domiciled at C/ Sebastián Herrera, 15, Madrid.

• E-mail: fundaciononce@fundaciononce.es
• Tel.: +34 91 506 88 88

2. WEB PLATFORM: USE, PURPOSE AND APPLICABLE LEGAL REGIME

The Platform is a support and additional communication mechanism made available to the users by Fundación ONCE. With this in mind, the main functionalities of the Platform will be: publishing information on Disability Hub Europe, a project led by Fundación ONCE and co-funded by the European Social Fund, and sharing good practices, resources and documents on the subjects of disability and sustainability.

Moreover, the Platform is subject to Spanish legislation, in the form of Law 34/2002 of 11 July 2002, on Information Society Services and Electronic Commerce.

3. ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE

Access to any of the functionalities available on this Platform implies acceptance of each and every one of these terms and conditions, as well as of any other terms and conditions that could be established, modified and/or expanded to cater to the present or future needs of the Service. Fundación ONCE shall be entitled to amend at any time the content of such terms and conditions, as well as of the services and functionalities made available via the Platform, considering as sufficient to announce such changes and modifications on this media.

4. TERMS AND CONDITIONS OF ACCESS AND USE

The user undertakes to make appropriate, lawful use of the Platform, as well as of the content, products and services made available thereon, in line with the applicable legislation from time to time, these terms and conditions, morality and generally accepted good customs and public order.

In general, access to the various functionalities available on the Platform shall depend on the profile of the user in question, and such users must sign up and register, where applicable, using a system of passwords assigned to the user and that can be modified by the user, undertaking to safeguard such passwords and being strictly prohibited to assign such passwords to unauthorised third parties.

With this in mind, registered users are obliged to adopt the security measures required to maintain the confidentiality of the access and verification systems and codes set in place with respect to the Platform, and Fundación ONCE shall therefore be held harmless and released from any liability in respect of negligence, carelessness or improper use on the part of the user or any third party in this regard.

Moreover, the user of the Platform undertakes as follows:

• To guarantee the authenticity, truthfulness, up-to-date nature and accuracy of any such data as may be communicated via the Platform, the user otherwise bearing sole liability in such connection.
• To use the Platform exclusively for the purposes and functionalities envisaged for such purpose by Fundación ONCE, and the Platform may on no account be used for any other purpose or measure.
• To make lawful, legitimate use of the Platform, avoiding any unauthorised, fraudulent, unlawful or illegitimate use of the Platform and/or of the content and information available thereon, avoiding any infringements of this Disclaimer and the applicable legislation or any damage to the legitimate rights and interests of Fundación ONCE or of any other such third party as may be affected as a result of such action.
• Not to cause any damage to the physical or logical systems of the Platform, its providers or any third parties, refraining from any attempt to breach the Platform’s security or authentication measures, or from taking any such steps as may trigger a disproportionate or unnecessary saturation of the infrastructure or environment of the Platform or Service-related communications or in any way attacking the Platform. Fundación ONCE may adopt all such preventative or corrective measures as may be required to safeguard its interests with a view to ensuring the correct functioning of the Platform, the Service and the specific functionalities.
• Not to introduce or disseminate on the network any computer viruses or other such physical or logical systems as may cause damage, such as viruses, malware or other harmful programmes or files.
• To refrain from attempting to access, use and/or manipulate the data of Fundación ONCE, any data controlled by Fundación ONCE or the data of third party providers or other users.
• In particular, by way of example and without limitation, the user undertakes not to transfer, disclose or make available to third parties any such information, data, content or messages as may constitute a breach of the rights of Fundación ONCE or of third parties.
• To refrain from accessing without authorisation or interacting with a false identity, whether by impersonating third parties or using another profile or taking any other such steps as may give rise to confusion or error as to the actual identity of the user in question.

6. INDUSTRIAL AND INTELLECTUAL PROPERTY

The user acknowledges and accepts that all of the industrial and intellectual property rights regarding the contents and/or any other aspects of the Platform (including, without limitation, trademarks, logotypes, trade names, texts, images, graphics, designs, sounds, databases, software, presentations, audio and video, where applicable) are the exclusive property of Fundación ONCE or of third parties that have specifically authorised Fundación ONCE for such purpose.

On no account shall any access to or browsing on the Platform imply any type of total or partial waiver, transfer, licensing or assignment of such rights, unless expressly otherwise provided for in writing.

All of the intellectual and industrial property rights over the content and/or services of the Platform are reserved. In particular, the modification, copying, reproduction, public disclosure, transformation or distribution by any means and in any way of all or part of the content included on the Platform for public or commercial purposes is prohibited without the express, prior written consent of the relevant rights-holders.

Any user in breach of such limitations and prohibitions agrees to bear exclusive liability of his actions, holding harmless Fundación ONCE or any other such third party that may be affected as a result of the user’s actions.

7. WAIVER OF GUARANTEES AND LIABILITY

Fundación ONCE does not guarantee the availability or continuity of the Platform. Moreover, on no account shall it bear any liability for any such damage or losses as may derive from:

• a. Any interruption to the functioning of the Platform or any IT defects, breakdowns, disconnections, delays or blockages caused by deficiencies or overloads with respect to the systems or mechanisms enabling it to function.
• b. The unsuitable nature of the Platform for the specific needs of users; and
• c. Any other damage that may be caused by third parties in the form of unauthorised interference out of the control of Fundación ONCE

No guarantees are granted as to the absence of viruses or other elements on the Platform introduced by third parties unrelated to Fundación ONCE and that may alter the physical or logical systems of users or to the documents, archives and files stored on their systems.

Fundación ONCE shall adopt a range of measures to safeguard the Platform and the content against third-party cyberattacks. Nonetheless, it does not guarantee that unauthorised third parties cannot access the type of use of the Platform made by the user or the conditions, characteristics and circumstances in which such use is made. Thus, it shall on no account be liable for any such damage or losses as may derive from such unauthorised access.

Fundación ONCE reserves the right to suspend access, without prior notice, on the part of any users that, in its opinion, breach the rules governing the use of the Platform, and to take the relevant legal action, without such circumstance granting the users concerned the right to any indemnification whatsoever.

Fundación ONCE shall on no account bear any liability for any use of the Platform by users and/or third parties, or for any such damage or losses as may arise in such connection.

Fundación ONCE does not assume any liability for any such damage or losses of any nature as may derive from the use of the services and content on the part of users, or as may be due to a lack of information or the inaccuracy or untruthfulness of the information provided by such users within the framework of the Platform and the Service, and, in particular albeit by no means exclusively, for any such damage or losses of any nature as may be due to the impersonation of a third party on the part of a user in any type of communication or action performed via the Platform.

8. APPLICABLE JURISDICTION

Any disputes concerning this Disclaimer shall be heard in the Spanish jurisdiction, and the parties expressly agree to submit to the jurisdiction of the courts and tribunals of the city of Madrid, save where the applicable legislation provides for the competence of other courts or tribunals for such purposes.

9. AMENDMENTS TO THE DISCLAIMER

Fundación ONCE reserves the right to modify this Disclaimer in order to bring it into line with any applicable future legislative developments, case law precedents or rulings, or for technical, operational, commercial, corporate or business reasons, serving reasonable prior notice on the users of any changes, where possible. In any event, you are advised to read this Disclaimer in detail every time you access this Platform.