Legal Advice

  1. Legal Information and Acceptance

In compliance with article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the identifying data of the company is set out below. The present internet portal is made available to users by the entity, whose identifying data is as follows:

Company Name: Fundación G. Gift
VAT Number: G93264265
Registered Office: Avda. Don Jaime de Mora, S/Nº, Urb. La Virginia, Parcela 6 E, 29602 Marbella Málaga.
Phone Number 952814131
Email: ana@globalgiftfoundation.org
Registry data: Registered in the Foundations Registry of the Ministry of Justice, registry number 1149.

 

This legal notice includes the general conditions governing the access and use of this website, hereinafter “the website”. The use of the website implies the express and full acceptance of these general conditions in the version published at the time the user accesses it, without prejudice to the specific conditions that may apply to some of the specific services of the website.

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

Certain services are exclusive to our clients and their access is restricted. The use of the Portal gives the user the status of the Portal User (hereinafter, the ‘User’) and implies the acceptance of all the conditions included in this Legal Notice. The provision of the Portal service has a limited duration to the moment when the User is connected to the Portal or to any of the services provided through it. Therefore, the User should carefully read this Legal Notice on each of the occasions when he/she intends to use the Portal, since it and its terms of use contained in this Legal Notice may undergo modifications.

Some Portal services accessible to Internet users or exclusive for Fundación G. Gift clients, may be subject to specific conditions, regulations, and instructions which, if applicable, replace, complete and/or modify this Legal Notice and which must be accepted by the User before the start of the corresponding service provision.

 

  1. Intellectual and industrial property

    This website and the contents it hosts are protected by current legislation on intellectual property. Fundación G. Gift is the owner or licensee of all intellectual and industrial property rights of its website, as well as the elements contained in it. Therefore, the reproduction, distribution, public communication and transformation of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, is expressly prohibited without the authorization of Terms and Conditions. The trademarks, trade names or distinctive signs are owned by Fundación G. Gift, either by industrial or intellectual property, and access to the Portal cannot be understood as attributing any right over the aforementioned trademarks, trade names and/or distinctive signs. All products and services on these pages that are NOT owned by Fundación G. Gift are trademarks of their respective owners and are recognized as such by our company. They only appear on the Fundación G. Gift website for promotional purposes and for information collection. These owners can request the modification or elimination of the information that belongs to them.

     

  2. Portal usage conditions

3.1 General

The User agrees to use the Portal correctly in accordance with the Law and this Legal Notice. The User will be responsible to Fundación G. Gift or to third parties, for any damages that may be caused as a result of the breach of this obligation. The use of the Portal is expressly prohibited for harmful purposes of assets or interests of Fundación G. Gift or third parties or in any other way overload, damage or disable networks, servers and other computer equipment (hardware) or software products and applications of Fundación G. Gift or third parties.

3.2 Contents

The User agrees to use the Contents in accordance with the Law and this Legal Notice, as well as with other conditions, regulations and instructions that could be applicable in accordance with the provisions of clause 1. As an example, the User, according to current legislation, must refrain from:

  • Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents except in cases authorized by law or expressly consented by Fundación G. Gift or by whoever holds the rights of exploitation in its case.
  • Reproducing or copying for private use the Contents that can be considered as Software or Database in accordance with current legislation on intellectual property, as well as its public communication or making it available to third parties when these actions necessarily imply the reproduction by the User or a third party.
  • Extract and/or reuse all or a substantial part of the Contents of the Portal as well as the databases that Fundación G. Gift makes available to the Users.

3.3 Introduction of links to the Portal

The Internet user who wants to introduce links from their own web pages to the Portal must comply with the conditions detailed below without the ignorance of them prevent the responsibilities derived from the Law:

  • The link will only link with the home page or main page of the Portal but cannot reproduce it in any way (online links, copy of texts, graphics, etc).
  • It will be strictly prohibited, in accordance with the applicable legislation in force at any time, to establish frames or any type of borders that surround the Portal or allow the display of the Contents through internet addresses different from those of the Portal and, in any case, when they are displayed together with contents alien to the Portal in such a way that: (I) it produces, or may produce, error, confusion or deception in the users about the true origin of the service or Contents; (II) it implies an act of unfair comparison or imitation; (III) it serves to take advantage of the brand reputation and prestige of Fundación G. Gift or (IV) in any other way is prohibited by current legislation.
  • No false, inaccurate or incorrect statement will be made from the page that introduces the link about Fundación G. Gift, its partners, employees, clients or about the quality of the services it provides.
  • In no case, it will be expressed on the page where the link is located that Fundación G. Gift has given its consent for the insertion of the link or that it otherwise sponsors, collaborates, verifies or supervises the sender’s services.
  • The use of any denominative, graphic or mixed brand or any other distinctive sign of Fundación G. Gift within the sender’s page is prohibited except in cases permitted by law or expressly authorized by Fundación G. Gift and provided that, in these cases, a direct link with the Portal is allowed as established in this clause.
  • The page that establishes the link must faithfully comply with the law and can in no case provide or link with its own or third-party content that: (I) are illegal, harmful or contrary to morals and good customs (pornographic, violent, racist, etc.); (II) induce or may induce in the User the false conception that Fundación G. Gift subscribes, endorses, adheres to or in any way supports, the ideas, statements or expressions, legal or illegal, of the sender; (III) are inappropriate or not relevant to the activity of Fundación G. Gift in relation to the place, contents and theme of the sender’s website.
  1. Disclaimer

4.1 Regarding the Information

Fundación G. Gift is not responsible for decisions made based on the information provided on the Portal, nor for damages and losses caused to the User or third parties due to actions solely based on the information obtained from the Portal.

4.2 Regarding Service Quality

Access to the Portal does not imply an obligation on the part of Fundación G. Gift to control the absence of viruses, worms or any other harmful computer element.

It is up to the User, in any case, to have appropriate tools available for the detection and disinfection of harmful computer programs.

Fundación G. Gift is not responsible for the damages caused to the computer equipment of the Users or third parties during the provision of the Portal service.

4.3 Regarding Service Availability

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

Fundación G. Gift is not responsible for any damages or losses of any kind caused to the User resulting from failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during the provision thereof or previously.

4.4 Regarding Content and Services Linked through the Portal

The access service to the Portal includes technical linking devices, directories and even search tools that allow the User to access other pages and Internet portals (hereinafter, ‘Linked Sites’).

In these cases, Fundación G. Gift acts as an intermediary service provider in accordance with Article 17 of Law 34/2002, of July 12, on Information Society Services and Electronic Commerce (LSSI) and will only be responsible for the contents and services provided on the Linked Sites to the extent that it has actual knowledge of their illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, they may report it to Fundación G. Gift in accordance with the procedure and effects established in clause 6, without in any case this communication entails the obligation to remove the corresponding link.

In no case should the existence of Linked Sites presuppose the existence of agreements with the responsible parties or owners of them, nor the recommendation, promotion or identification of Fundación G. Gift with the statements, contents or services provided. Fundación G. Gift is not aware of the contents and services of the Linked Sites and therefore is not responsible for the damages caused by the illegality, quality, outdatedness, unavailability, error and uselessness of the contents and/or services of the Linked Sites or any other damage that is not directly attributable to Fundación G. Gift.

 

  1. Data Protection

ou can consult our Data Protection Policy to learn about how we use your personal data.

 

  1. Communication of Illegal and Inappropriate Activities

In the event that the User or any other Internet user becomes aware that the Linked Sites refer to pages whose content or services are illegal, harmful, degrading, violent, or contrary to morality, they can contact Fundación G. Gift indicating the following aspects:

1.Personal data of the communicator: name, address, telephone number, and email address;

2.Description of the facts that reveal the illicit or inappropriate nature of the Linked Site;

3.In the case of rights infringement, such as intellectual and industrial property, the personal data of the holder of the infringed right when it is a person different from the communicator.

4.They must also provide the title that proves the legitimacy of the rights holder and, if applicable, the representation to act on behalf of the rights holder when it is a person other than the communicator;

5.Express declaration that the information contained in the claim is accurate.

The reception by Fundación G. Gift of the communication provided in this clause will not imply, as provided by the LSSI, the actual knowledge of the activities and/or contents indicated by the communicator.

They must also provide the title that proves the legitimacy of the rights holder and, if applicable, the representation to act on behalf of the rights holder when it is a person other than the communicator.

  1. Notifications

All notifications and communications made by the parties will be valid in accordance with the means admitted in Law. Those related to this Portal will be considered effective, for all purposes, if they are made through the Portal itself.

 

  1. Modifications

Fundación G. Gift reserves the right to make, without prior notice, the modifications it deems appropriate on its website, being able to change, delete, or add both the content and services provided through it and the way in which they are presented.

On the other hand, these terms and conditions may change at any time. The modifications will take effect from the moment of their publication.

 

  1. Social Networks

Fundación G. Gift is present on various social networks and platforms, therefore, when accessing any of these or other networks, it will be necessary to take into account that the applicable use conditions are those established by each platform, in which, Fundación G. Gift does not intervene.

 

  1. Legislation

This Legal Notice is governed in each and every one of its extremes by Spanish law. As long as the applicable law allows the waiver of the legal jurisdiction established, the courts of Malaga are designated to settle possible disputes, expressly renouncing the user to any other jurisdiction that may correspond.

 

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