Terms of Use

The MCRIT group, headquartered at Calle Salvador Espriu, 83, 08005 Barcelona, Spain, comprises the following entities: MCRIT, S.L. (Tax ID: B58677428), Multicriteri, S.L. (Tax ID: B66977406), Geovincles, S.L. (Tax ID: B63597389), Multicriteri-MCRIT, A.I.E. (Tax ID: V67163576) and FundaciÃ³n Privada Ersilia (Tax ID: G63447676), together with various foreign branches, hereinafter collectively referred to as “MCRIT”.

1. INTRODUCTION

MCRIT holds all intellectual property rights or any other rights over its website (hereinafter, the “Website”) and applications (hereinafter, the “Applications”), access to and use of which by users (hereinafter, “User” or “Users”) is subject to these terms of use (hereinafter, the “Terms of Use”), which shall be supplemented by any other legal texts governing any functionality, service, process, application, platform or means necessary for or connected to the use of the Website or the Applications.

Please read these Terms of Use carefully. Accessing the Website and/or the Applications and using the materials contained therein implies that you have read and accept, without reservation, these Terms of Use. If you do not agree with all or part of these Terms of Use, you must refrain from using the Website and/or the Applications.

2. PURPOSE

The Website and the Applications contain material prepared by MCRIT for informational purposes only. Users should be aware that such material may not reflect the most recent legislative or case law developments on the matters discussed. MCRIT also reserves the right to modify, expand or reduce the material available through the Website and the Applications at any time, informing Users accordingly.

The material contained in the Website and/or the Applications may not, under any circumstances, serve as a substitute for legal or other professional advice. Access to this material does not purport to constitute, nor does it imply, any attorney-client relationship or any other relationship of trust or professional nature between MCRIT and the User of the Website and/or the Applications. Accordingly, Users must not act on the basis of the information contained therein without first seeking appropriate professional advice. Users must also refrain from sending any confidential information to MCRIT without having first consulted one of our lawyers and received authorisation to submit such information.

In this regard, and without prejudice to the foregoing, MCRIT grants Users a non-exclusive, non-sublicensable and non-transferable licence to use the Website, the Applications and their respective functionalities, content and other features available therein, subject to the remaining terms set out in these Terms of Use, as well as any other applicable terms of use and applicable law.

3. USER OBLIGATIONS

As a general rule, the User undertakes to comply with these Terms of Use, as well as any special notices or usage instructions contained herein, and to act at all times in accordance with applicable law, public morality, good customs, good faith and public order, exercising due diligence, and refraining from using the Website and/or the Applications in any manner that may prevent, damage or impair the normal functioning thereof, the assets or rights of MCRIT, other Users or, in general, any third party.

In particular, and without limiting the foregoing, the User undertakes to:

Provide truthful, accurate and complete information in relation to the data requested in the forms made available by MCRIT for access to certain content or services offered through the Website and/or the Applications, and to keep such information duly updated. MCRIT reserves the right, without prejudice to any other legal actions available to it, to withdraw, deny or suspend access to the Website and/or the Applications where the information provided is or may be false, inaccurate or misleading. In any event, the User shall be solely and fully responsible for the data or content transmitted or communicated to MCRIT, expressly assuming liability for any damages that may arise from improper use thereof.
Not introduce, store or disseminate, through the Website and/or the Applications, any programme, data, virus, code or any other electronic or physical element capable of causing damage to them, to any of the services, or to the equipment, systems or networks of MCRIT, other Users or, in general, any third party.
Not alter, copy, download, modify, decompile, disassemble, reverse engineer, licence, lease, sell, reproduce or imitate the Website and/or the Applications, their content or the underlying software, except where expressly permitted by law or by MCRIT.
Not introduce, store or disseminate, through the Applications, any content that infringes intellectual or industrial property rights, trade secrets of third parties or, in general, any content in respect of which the User does not hold, under applicable law, the rights necessary for making it available to third parties.

4. LIABILITY AND WARRANTIES

MCRIT shall not be liable for any damages that may arise from interference, omissions, interruptions, computer viruses, faults and/or disconnections in the operational functioning of the electronic system, or in the devices or computer equipment of Users, where such incidents originate from causes beyond MCRIT’s control and result in the impossibility of or delays in browsing the Website and/or the Applications. Likewise, MCRIT shall not be liable for delays or blockages in use arising from deficiencies or overloading of the Internet or other electronic systems, nor for the impossibility of providing the service or granting access for reasons not attributable to MCRIT, whether attributable to the User, to third parties or to force majeure events.

Notwithstanding the above, MCRIT declares that it has adopted, and will adopt where applicable, all reasonable measures, in accordance with the state of the art and within its capabilities, to ensure the proper functioning of the Website and/or the Applications, and to prevent the existence and transmission of viruses or other harmful components that could affect Users.

MCRIT reserves the right to suspend or interrupt, at any time and without prior notice, access to the Website and/or the Applications for technical, security, control or maintenance reasons, power supply failures or any other justified cause. MCRIT does not exercise general control over the use that Users make of the Website and/or the Applications.

MCRIT shall not assume any liability for the User’s use of the content of the Website and/or the Applications where such use infringes applicable national or international regulations, nor for the infringement of intellectual or industrial property rights or any other third-party rights.

Likewise, MCRIT shall not be liable for any errors or omissions that may exist in the content of the Website and/or the Applications, or in content accessible through them, nor for any damages that may arise from the use of such information or from any action taken on the basis thereof.

MCRIT does not guarantee the absence of viruses or other potentially harmful elements that could cause damage or alterations to Users’ computer systems, electronic documents or files. Accordingly, MCRIT shall not be liable for any damages that such elements may cause to the User or to third parties.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY

All intellectual and industrial property rights, as well as all content and information incorporated in the Website and the Applications (including, by way of example and without limitation, texts, data, images, graphics, designs, source code, software, trademarks, trade names, navigation structures, databases and any other content included therein) are the exclusive property of MCRIT or, where applicable, of third parties who have authorised their use.

MCRIT grants Users a limited, non-exclusive, non-transferable and non-sublicensable licence to use the Website and the Applications in their current version, in accordance with these Terms of Use, without prejudice to the application of any additional terms or applicable law. Such licence authorises only the viewing of content and the making of temporary private copies strictly necessary for the User’s personal and private use on their own computer systems, and expressly prohibits their transfer, communication or making available to third parties.

Except where expressly permitted by law or with the prior express written authorisation of MCRIT, the User may not reproduce, modify, copy, transform, distribute, publicly communicate, make available, extract, reuse, exploit or otherwise use, in whole or in part, the content of the Website and/or the Applications.

These Terms of Use do not, under any circumstances, imply the transfer of intellectual or industrial property rights (including, among others, copyright, trademarks, trade names, designs or other analogous rights) over the Website, the Applications or any of their elements, beyond the limited licence of use expressly granted to Users as set out herein.

Without prejudice to the foregoing, Users grant MCRIT a non-exclusive, unlimited, complete, transferable, royalty-free and sublicensable right of use over any data that is not personal in nature or has been duly anonymised, for use in legitimate purposes related to MCRIT’s activities, in accordance with applicable law.

6. DATA PROTECTION

MCRIT will protect Users’ personal data and will use it only to the extent permitted by law or where Users have given their consent. Users can find further information in the Privacy Policy.

7. THIRD-PARTY LINKS

These Terms of Use apply exclusively to the Website, the Applications and the content owned by MCRIT, and do not extend to third-party links, websites, applications or services that may be accessed through them. MCRIT exercises no control over the information, content, products or services provided by third parties that maintain links to the Website and/or the Applications, and access to such resources through them does not imply any recommendation, endorsement or approval by MCRIT.

Accordingly, MCRIT assumes no liability for the content, services, operation, availability or policies of such third-party websites or applications. Access to and use of such resources is entirely at the User’s own risk, and the User agrees to be bound by the terms of use and privacy policies applicable thereto.

Third-party links, information and/or services are made available to Users for informational or convenience purposes only, and it is the User’s responsibility to review and accept the terms and conditions and privacy policies of the linked websites or applications. The inclusion of such links in the Website and/or the Applications does not, under any circumstances, imply the existence of any relationship, approval or endorsement by MCRIT in respect thereof.

Notwithstanding the above, MCRIT undertakes to promptly remove any link upon becoming aware that the content to which it redirects may be contrary to applicable national or international law, public morality or public order.

8. AMENDMENTS TO THE TERMS OF USE

MCRIT reserves the right to modify or update these Terms of Use at any time, as well as any information that may appear on the Website and/or the Applications.

9. MEANS OF COMMUNICATION

For the purposes of these Terms of Use and for any communication required between the User and MCRIT, all correspondence should be directed to adm@mcrit.com.

10. REPORTING INCIDENTS AND POSSIBLE INFRINGEMENTS

MCRIT respects the rights of third parties and applicable law. Users of the Website and the Applications are equally obliged to do so.

Should you encounter technical issues with the functioning of the Website or the Applications, or if you find errors, inaccuracies or content contrary to applicable law in any of its sections, please contact adm@mcrit.com.

11. SEVERABILITY AND INTEGRATION OF CLAUSES

The unlawfulness, invalidity or ineffectiveness of any clause of these Terms of Use shall not affect the validity of the remainder, provided that the rights and obligations of the parties arising from the Terms of Use are not materially affected. A situation shall be considered material where it seriously prejudices the interests of either party or affects the very subject matter of these Terms of Use. Such clauses shall be replaced or supplemented by others that, being lawful, serve the purpose of those replaced. The parties waive any claim for damages that may arise from such circumstances.

12. GOVERNING LAW AND JURISDICTION

Access to and use of the Website and the Applications implies full and unreserved acceptance by the User of these Terms of Use. If you do not agree with them, you must refrain from accessing, browsing or using the Website and the Applications.

Any dispute arising from access to or use of the Website and/or the Applications shall be governed by common Spanish law. The parties, expressly waiving any other jurisdiction that may apply to them, submit to the jurisdiction of the Courts and Tribunals of the city of Barcelona (Spain).