Legal Notice

The access, browsing and use of the web page https://www.amlcheck.es/ (hereinafter, the “Website“) implies the full and express acceptance of the terms contained in this Legal Notice. The compliance with it can be requested to any person who access, browse or use the Website.

1      IDENTIFICATION

Owner: RISK MANAGEMENT SOLUTIONS, S.L. (hereinafter referred to as the “Owner“)

Registered office: Calle Ochandiano, 8, 28023 (Madrid)

N.I.F.: B-86482361

Registration data: Tomo 29994; folio 141; Hoja número: M-539810; Inscripción:1; Diario 3; Asiento 138.

E-mail: info@riskms.es

2      OBJECT

This Legal Notice regulates the access, browsing and use of the Website, without excluding the right of the Owner to modify the presentation, configuration and content of the Website, as well as the conditions required for the access and/or use. Accessing and/or using the Website after the entry into force of its modifications or changes implies acceptance of such.

However, the access to certain contents and the use of certain services may be subject to particular conditions, which in any case shall be clearly shown and expressly accepted by the Users. These particular conditions may replace, complete, or when applicable, modify those established in this Legal Notice.

For the purposes of the proper interpretation of this Legal Notice, it is understood that a person becomes a user (hereinafter, “User” or “Users“) at the time of the acceptance of this Legal Notice and the Privacy Policy as exposed on the Website.

3      ACCESS AND REGISTRATION

It is not required to register in order to access and use the Website. However, the access and browsing of the Website implies that the User fully accepts and undertakes to comply with this Legal Notice, as well as with the instructions or recommendations indicated in each case in the Website.

In any case, it is forbidden the access and browsing of the Website by minors under fourteen (14) years old, unless they have the prior and express authorization of their parents, tutors or legal representatives, who will be considered responsible for the acts carried out by the minors in their charge, in accordance with current legislation. In any case, it shall be presumed that the access made by a minor to the Website has been made with the prior and express authorization of his or her parents, guardians or legal representatives.

The access and use of any of the services provided through the Website requires the prior registration of the User, which shall be regulated by the provisions established under the contracting conditions of the correspondent service.

4      INTELLECTUAL PROPERTY RIGHTS

The Owner holds or, as the case may be, has the corresponding licenses of the rights of exploitation of intellectual property necessary to operate the Website, as well as all the contents displayed, including the Website itself, texts, photos or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services provided in it.

The access, navigation and use of the Website by the User shall not be understood as a waiver, transmission, license, or the total or partial assignment of such rights by the Owner. The User has the right to use the contents and/or services of the Website within a strictly personal scope and solely for the purpose of receiving the correspondent the benefits of the service in the terms set in this Legal Notice.

The references to trademarks or trade names, or other distinctive signs, whether owned by the Owner or third parties, comprehend the prohibition regarding their use without the consent of the Owner or their legitimate owners. Access, navigation or use of the Website and/or its contents do not confer to the User any right over distinctive signs included in it, unless otherwise provided in this Legal Notice.

All intellectual property rights over the contents and/or services of the Website are reserved. Particularly, it is prohibited the modification, copy, reproduction, publication communication, transformation or distribution, by any means and in any form, all the contents and any part of such included in the Website, for any purpose, without the prior and express written authorization of the Owner or, as the case may be, of the holder of the corresponding rights.

Likewise, it is forbidden to delete or manipulate the indications regarding the copyrights or other signs that identify the content right holders available to the Users on the Website, as well as the technical protection devices, digital fingerprints, or any protection mechanism or information included in the contents displayed on the Website.

In the event that the User sends information or contents of any kind to the Owner through any of the channels provided for that purpose, the User declares, guarantees and accepts that holds the rights to freely use such contents and it does not infringe any right of intellectual property, trade secret or any other rights of third parties, and that such information is not confidential or harmful to third parties.

The User recognizes the responsibility for any communication or content sent personally or on his behalf, leaving the Owner harmless.

If the User had knowledge of the existence of any content considered illegal, unlawful, contrary to law or which could cause an infringement of intellectual property rights, or of any other nature, the User must immediately notify the Owner through the email address info@riskms.es in order for it to proceed with the adoption of appropriate measures.

Similarly, in the event that any User or third party considers that any of the contents of the Website owned by the Owner violates their intellectual property rights, or any other right, it must communicate it to info@riskms.es with the following information:

  • Identifying data and contact information of the claimant or its legal representative;
  • Documentation that certifies its condition as holder of the rights supposedly infringed;
  • Detailed explanation of the rights allegedly infringed by the Owner, as well as their exact location in the Website;
  • Express declaration by the claimant that the use of the contents has been made without the consent of the person that holds the rights allegedly infringed.

5      LINKS

5.1.   LINKS TO OTHER WEBSITES

In the event that the Website shows links to other webpages through different buttons, links, banners or embedded content, the Owner informs that these are managed by third parties, not being possible to the Owner to know in advance and/or control and/or approve all information, content, products or services provided by other platforms to which the links may redirect from the Website.

Consequently, the Owner may not assume any liability for any aspect relating to the Website or any web page to which a link could redirect from the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents in general.

In this sense, if the Users had knowledge of activities considered illegal or contravening morality and/or public order through these third party web pages, it must immediately notify the Owner in order to proceed to disable the link that redirects to them in the shortest time possible.

In any case, the display of any kind of link from the Website to another website does not imply that there is some kind of relationship, collaboration or dependence between the Owner and the person responsible for that other website.

5.2.   LINKS ON OTHER WEB PAGES TO THE WEBSITE

The Owner does not authorize the display of a link to the Website from those pages that contain illegal, unlawful, degrading, obscene materials, information or content and, in general, that contravene laws, morals or public order, or commonly accepted social norms.

In any case, Users may establish links that lead to the Website, provided that they comply with the following conditions:

  • the link may not reproduce the content of the Website or parts of it in any way;
  • It is not allowed to create a browser or a border environment on the sections of the Website, or modify in any other way the Website;
  • it is not permitted to make false or inaccurate or incorrect statements or indications about the Website and/or, in particular, to state or imply that the Owner has authorized the link or supervised or assumed in any way the contents or services offered or made available on the web page on which the link is established;
  • the web page in which the link to the Website is established shall not contain information or contents that are illicit, contrary to morality and commonly accepted good customs and public order, nor shall it contain contents that are contrary to any third party rights, including intellectual or industrial property rights and/or the right of honor, personal or family privacy or to personal image or any other right, or contents contrary to the rules governing the protection of personal data.

The Owner has no faculties or human or technical means to know, control or approve the information, content, products or services provided by other website which have provided links to the Website. The Owner assumes no responsibility for any aspect relating to the website that establishes that link to the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents in general.

6      RULES OF USE OF THE WEBSITE

The User access or use of the Website for illegal or unauthorized purposes, with or without profit motives is not permitted and, therefore, its consequences will be its exclusive responsibility for such acts. In particular, and not comprehending an exhaustive list, the following is prohibited:

  • Using the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the information systems of a third party;
  • Use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;
  • Use the Website to collect personal data from other Users;
  • Using the Website in an illegal way, against good faith, morals and public order;
  • Registering in the Website with a false identity, impersonating third parties or using a profile or performing any other action that may confuse other Users about the User’s identity;
  • Unauthorized access to any section of the Website, to other systems or networks connected to the Website, to the Owner’s servers, or to the services offered through the Website, by means of piracy or falsification, password extraction or any other illegitimate means;
  • Breaking, or attempting to breach, security measures or authentication of the Website or any network connected to it, or security measures or protection inherent in the content offered on the Website;
  • Carry out actions that causes a disproportionate or unnecessary overload in the infrastructure of the Website or in the systems or networks of the Owner, as well as in the systems and networks connected to the Website; or
  • Prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its features, either by altering or trying to alter, illegally or in any other way, the access, participation or operation of those, or falsifying the result of such and/or using fraudulent methods of participation, through any means and/or practices that attempts against or violates the provisions of this Legal Notice.

The breach of any of the aforementioned obligations by the User may involve the application of the corresponding measures by the Owner in accordance with the law and in the exercise of its rights or obligations, including the elimination or blocking of the account of the offending User, without any possibility of compensation for damages caused.

7      LIABILITIES AND GUARANTEES

The Owner cannot guarantee the reliability, usefulness or veracity of all the information and/or the services and contents of the Website nor the usefulness or veracity of the documentation provided in it.

Consequently, the Owner does not guarantee and is not liable for:

  • the continuity of the contents and services of the Website;
  • the absence of errors in such contents and services;
  • the absence of viruses and/or other harmful components on the Website or on the server that supplies it;
  • the invulnerability of the Website and/or the impossibility of violating the security measures adopted therein;
  • the lack of usefulness or performance of the contents and services of the Website; and
  • the damages caused by any person who infringes the conditions, rules and instructions established on the Website or through the violation of the security systems of the Website, to the Owner or a third party.

Nevertheless, the Owner declares that it has taken all necessary measures, within its capabilities and the state of the art, to ensure the operation of the Website and to minimize system errors, both from a technical point of view as well as regarding the content published on the Website.

The Owner does not guarantee the legality, reliability, or usefulness of the content provided by third parties through the Website. If the User had knowledge of the existence of any illegal content, unlawful, contrary to law, or that could involve an infringement of third-party rights, must immediately notify the Owner in order for it to proceed to the adoption of appropriate measures.

The Owner shall not be responsible for the veracity, integrity or accuracy of the information published on the Website from external sources, nor for the content presented in other platforms to which the Website may redirect through the links displayed. The Owner shall not be liable for any possible damages that may arise from the use of such information.

The Owner shall not be liable for causes beyond his control, among which can be listed in a non-exhaustive manner: force majeure, problems of Internet access, technological problems beyond the diligent and reasonable management of the Owner, actions or omissions of third parties, etc. In all the referred cases, beyond the control and diligence of the Owner, there will be no compensation from the Owner to the User for damages, to the extent permitted by law.

8       SUSPENSION FROM THE WEBSITE

The Owner reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, browsing, use, hosting and/or download of content and/or use of the Website services, with or without notice, to those Users who violate any of the provisions detailed in this Legal Notice, without the possibility to the User of demanding any compensation for this cause.

9      CONFIDENTIALITY AND DATA PROTECTION

In accordance with current legislation on the protection of personal data, all personal data collected during the use of the Website will be processed in accordance with the provisions of the Privacy Policy, which every User must expressly accept in order to use and register in the system.

10 SECURITY WARNING

The “phishing” and other fraudulent acts of theft and identity theft of a person, consist of third parties simulating the identity of an entity through the fraudulent use of electronic mail to obtain their personal data by means of deception.

In the relations that the User maintains or intends to maintain with RISK MANAGEMENT SOLUTIONS S.L. You must take into account the following recommendations:

  • In any case, from RISK MANAGEMENT SOLUTIONS S.L. The User will never be asked, either by phone or email, for their access credentials to the AMLcheck platform. In this sense, the User is reminded that these data are strictly confidential, and that they should only be used for the use / uses to which they are intended. The assignment by the User of your confidential data to third parties is your sole responsibility.
  • The User must not access the Website / App through a link, e-mail or web page that is not of absolute confidence. Instead, it is recommended that you type the address directly into the browser.

11   GENERAL

The headings of the different clauses are only informative, and will not affect, qualify or expand the interpretation of this Legal Notice. Likewise, the Owner may modify the terms and conditions here stipulated, totally or partially, publishing any change in the same form in which this Legal Notice appears or through any type of communication addressed to the Users.

The temporary validity of this Legal Notice is in accordance with the time of its exposure, until it is modified in whole or in part, being understood that the modified Legal Notice will become effective at the time of such modification.

The Owner may terminate, suspend or interrupt, at any time and without notice, the access to the contents of the Website, without the possibility for the User to claim any compensation. After this extinction, the prohibitions regarding the use of the contents previously exposed in the present Legal Notice will remain in force.

In the case that any provision of this Legal Notice is declared null or unenforceable, in whole or in part, by any competent Court, Tribunal or administrative body, such nullity or unenforceability shall not affect the other provisions of this Legal Notice.

The lack of exercise or enforcement by the Owner of any right or provision provided in this Legal Notice shall not constitute a waiver of such, unless it is recognized and agreed as such by written means by the Owner.

12   APPLICABLE LAW AND COMPETENT JURISDICTION

This Website is governed by the current legislation in Spain.

For any controversy that may arise in the interpretation and application of this Legal Notice, and to the extent permitted by current legislation, both the Owner and Users expressly submit to the jurisdiction of the Courts and Tribunals of Madrid, waiving, if any, its own jurisdiction.

Last updated: of 7th of November of 2018.

© 2018 RISK MANAGEMENT SOLUTIONS, S.L. All rights reserved.

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