Legal Notice

The Access, navigation and use of the website https://amlcheck.es (hereinafter, the “Website”) implies the express acceptance, without any reservations, of all terms of this Legal Notice.

The access, browsing and usage of the Website requires explicit and full consent with regard to all terms of the present Legal Notice, having the same validity and efficiency like any written and signed contract.

Any person that accesses, browses or uses the Website shall comply with, and be bound by the Legal Notice. If you disagree with the expressed terms, do not access, browse or use none of the Website pages.

1      IDENTIFICATION

Holder: RISK MANAGEMENT SOLUTIONS, S.L. (hereinafter, the “Holder”)

Corporate address: Calle Ochandiano, 8, 28023 (Madrid)

TIN.: B-86482361

Public Registry: Tomo 29994; folio 141; Sheet number: M-539810; Inscription: 1; Daily 3; Seat  138.

E-mail: info@riskms.es

2      PURPOSE

The current Legal Notice regulates the access, browsing and use of the Website, notwithstanding the right of the Holder to modify the presentation, setting and content of the Website, as well as the conditions required for the mere access and/or use. The access and/or use of the Website after the entry into force of the changes imply the acceptance of the same.

However, the access to certain content and the use of certain services may be subject to certain specific conditions, which shall in any case be clearly displayed and shall be expressly accepted by the users. These specific conditions may replace, complete or, if necessary, modify this Legal Notice.

For the purposes of interpreting this Legal Notice, we understand that a person becomes a user (hereinafter, “User” or “Users“) from the moment he/she accepts this Legal Notice and the Privacy Policy posted in the Website.

3      ACCESS AND REGISTRATION

The access and navigation through the Website do not require user registration. Nevertheless, access and browsing through the Website implies that the User fully accepts and commits to comply with this Legal Notice, and with the instructions or recommendations indicated for each particular case in the Website.

In any case, access and browsing through the Website by minors under fourteen (14) years old is prohibited, unless they have prior and express authorization of their parents, guardians or legal representatives, who will be considered as responsible for the acts carried out by minors that are under their custody, in accordance with current regulations. In any case, it will be assumed that they have prior consent of their parent, guardian or legal representative.

The access and use of any services accessed through the Website requires the prior registration of the User, which will be governed by the provisions of the contracting conditions for said service.

4      INTELLECTUAL PROPERTY RIGHTS

The Holder holds the relevant licenses over the rights to exploitation of intellectual and industrial ownership of the Website, as well as the intellectual and industrial property rights over information, materials and Website content, including but not limited to the platform itself, texts, photographs or illustrations, logos, brands, graphs, designs, interfaces or any other information or content and services available through the Website.

Under no circumstances it should be understood that user’s access, navigation and Website use involves resignation, transmission, licence or transfer (fully or partially) of the mentioned intellectual and industrial property rights of the Holder. The User disposes of a right to use the contents and/or Website services within strictly domestic context and according to this Legal Notice together with other documents referred to therein.

Reference to brand or commercial names or other distinguishing signs in the Website carries the implicit ban on using them without the Holder`s or lawful holders’ consent, regardless of their ownership by any of the aforementioned parties. The access, navigation or Website /content usage never grants the user any right over distinguishing sings included, except otherwise expressed.

All industrial and intellectual property rights over content and/or Website services are reserved. Particularly, it is forbidden in any way to modify, copy, reproduce, communicate, transform or distribute in any media or form, fully or partly, the Website content for any public or commercial purpose, if there is no prior, explicit and written authorisation from the Holder or from the right holder`s consent.

Moreover, it is forbidden to remove or manipulate copyright indications or any other credit that identifies Website content right holder, as well as technical protection devices, digital prints or any protective mechanism or information incorporated to Website contents.

In case the user sends any kind of information to the Holder through the Blog or through the rest of resources enabled to that end, the user declares, ensures and accepts that he/she is freely able to do it, and that the particular information does not infringe neither industrial nor intellectual property rights, and that such information is not confidential or detrimental to third parties. In this sense, the user licences over the rights to exploitation of such intellectual property for the only means of publishing the content in the Holder`s Blog or any other part of the Website.

The user recognises assuming responsibility, leaving the Holder unscathed for any communication personally supplied or made on its behalf, such responsibility extending to the accuracy, legality, originality and entitlement thereof.

If the user was informed about the existence of any illicit or illegal content or content that could infringe intellectual and/or industrial property rights they should immediately notify the Holder through info@riskms.es in order for the Holder to take the appropriate measures.

Similarly, if any User or third party consider that the Website content violates their intellectual or industrial property rights, or any other rights, they should send an email to info@riskms.es with the following information:

  • Identifying data and claimant or representative Contact information.
  • Supporting documentation identifying the holder of the breached rights.
  • Detailed account of the rights supposedly infringed by the Holder or any of its user, as well as its precise location in the Website.
  • Claimant´s express statement declaring that content usage has been done without the consent of the holder of the rights supposedly infringed.

5      LINKS

5.1.   LINKS TO OTHER WEB SITES

If you see links to other websites via various buttons, banners, etc., please bear in mind that there are directly managed by third parties, and the Holder does not have human or technical resources to know in advance, control or approve all the information, contents, products or services provided by other websites, to which the Website may contain links.

Consequently, the Holder could not assume any kind of responsibility whatsoever for any aspect of the web page which the link offers, specifically, including but not limited to, its performance, access, data, information, quality, reliability of products and services of links and/or any of its contents in general.

In this respect, if users have factual knowledge that third parties engage in illegal or immoral activities through these websites, they should immediately communicate it to the Holder in order to remove link from the Website. This process will be done in the less time possible.

In any case, the establishment of any kind of link at the Website to other website does not imply any type of relation, collaboration or dependency between the holder and the foreign web page responsible.

5.2.   LINKS IN OTHER WEBSITES DESTINED TO THE WEB.

The Holder does not authorise the establishment of a web link from pages which include content, information that is illicit, illegal, degrading and obscene, and that in general contravene law, morality, public order or generally accepted social standards.

Users could enable links in their respective websites that direct to the Website, as long as they fulfil the following conditions:

1) under no condition link should reproduce Website content or parts of it;

2) it is not allowed to create a browser or border environment over the Website sections, neither modify the Website in any case;

3) it is not allowed to pronounce false, incorrect or inaccurate claims about the Website, and/or in particular declare or mean that the Holder has authorised the link, or supervised or assumed contents or services provided or made available in the Website where the link has been established;

4) the website where the link to the Website is located will not contain information or illicit contents, contrary to the moral and commonly accepted customs, contrary to public order or any third parties right, including intellectual and industrial property rights, and/or honour, family and personal privacy or self-image rights, or any other right, or content contrary to personal data protection regulatory standard.

The Holder has no faculty neither human and technical resources to know, control or approve all the information, contents, products and services provided by other websites that have links destined to the Website. The Holder does not assume any kind of responsibility for any aspect related to the website which contains the link destined to the Website, in particular, including but not limited, aspects relating to its operation, access, data, information, quality and products and services reliance, its own links and/or any of its contents in general.

 6      USE OF THE WEBSITE

Accessing or using the Website for illegal and/or unauthorized purposes is forbidden and, therefore, the consequences that may arise from that use are the sole responsibility of the User. In particular, but without limitation, the following is forbidden:

  • The use of the Website in any form that may cause damages, interruptions, inefficiencies, or defects in its functioning or in the computer of a third party;
  • the use of the Website for the transmission, installation, or publication of any virus, malicious code, or any other harmful file;
  • the use of the Website for collecting personal data;
  • the use of the Website in any unlawful manner or in a manner which promotes or encourages illegal activity;
  • the unauthorized access to any section of the Website, to other systems or networks connected to the Website, or to any the server used by the provider, as well as access to the services offered through the Website through piracy or hacking, password mining or any other illegitimate means;
  • the breach or the attempt to breach the security or authentication measures of the Website or any network that is connected to the Website, as well as the security or authentication measures associated to the content that is hosted in the Website;
  • performing an action that may cause an unnecessary or disproportionately large load, damage, disable or overburden the infrastructure of the Website, or the systems and networks used by the provider, as well as the systems and networks connected to the Website;
  • carrying out any action that causes a disproportionate or unnecessary saturation in the facilities of the Website or in the systems or networks used by the provider, as well as in the systems and networks connected to the Website; or
  • performing an action that may prevent the normal development of an event, activity or contest, or any other activity available through the Website or any of its functionalities, by disrupting or attempting to disrupt by any means or in any form the mere access, participation or functioning of those events, activities or contests, or by distorting the results, and/or by taking part in them through fraudulent means.

Not complying with any of the aforementioned obligations may lead the provider to take any relevant and appropriate measures as it may deem necessary or merely convenient, without the obligation to compensate the User for any damages which may arise as a result.

7      LIABILITIES AND GUARANTEES

The Holder cannot guarantee the reliability, usefulness and veracity of all the information, services and/or content uploaded to the Website nor the usefulness or the veracity of the documentation provided therein.

As a consequence, the Holder does not guarantee and shall not be responsible for:

  • the continuity of the contents and services on the Website
  • the absence of errors on the Website or the services
  • the absence of virus and/or other damaging components in the Website or in the providing server
  • the invulnerability of the Website or of the security measures adopted;
  • the lack of usefulness or the malfunctioning of any of the contents in the Website;
  • the damages or losses caused by any person who violates the conditions, rules and instructions that the Holder establishes in the Website whether caused to themselves or to third persons, as well as those damages arising from the breach of the safety systems of the Website.

Nevertheless, the provider has taken all necessary measures, within his capabilities and the state of technology, to guarantee the functioning of the Website and to minimize system errors, both from a technical point of view and in connection with the contents published in the Website.

The provider does not guarantee the legality, reliability and usefulness of the content provided by third parties through the Website. If the User becomes aware of the existence of any content that is illegal, unlawful, or infringes the rights of third parties, he/she must notify the provider immediately so that appropriate measures can be taken.

The provider shall not be held liable for the veracity, integrity or out of date characteristics of the information published in the Website from sources other than the provider itself. The same applies to information contained in other platforms that are linked from the Website. The provider will not be held liable for any damages that could be caused by the use of said information.

The Holder shall not be held liable for causes beyond its control, such as: force majeure, problems when accessing the Internet, technological problems beyond a diligent and reasonable management of the Holder, actions or omissions of third parties among others. In all the aforementioned cases, which are beyond the control and due diligence of the Holder, there will be no compensation for the Holder to the User for damages or losses, to the extent permitted by current legislation.

8      SUSPENSION OF THE WEBSITE

The Holder reserves the right to block, modify, restrict, or temporarily or permanently interrupt access, browsing, use, housing and/or download of contents and/or services of the Website, with or without prior notice, to Users that infringe any of the provisions detailed in the Legal Notice and without granting any right of indemnification to such Users.

9      DATA PROTECTION

In accordance with Organic Law 15/1999, of December 13th, on Personal Data Protection, all the personal data provided while using or browsing in the Website will be processed according the Privacy Policy which must be expressly accepted by all Users in order to be allowed to use and register in the system.

10   MISCELLANEOUS

Headings to the different clauses are merely informative and do not affect, qualify or encourage interpretation of the current Legal Notice. Furthermore, the Holder may modify terms and conditions established here, fully or partially, publishing any change in the same way that it appears in this Legal Notice or through any type of communication directed to Users.

This Legal Notice is in effect, from the time of its release until its full or partial modification. From then on, the modified Legal Notice will come into force.

Irrespective of what is established in the specific conditions, the Holder could close, suspend or cancel, in any moment and without prior notice, the access to Website content without granting any right of indemnification to Users in case the Website ceases to be operational, prohibition of use for the content previously exhibited in these present Legal Notice will still apply.

Furthermore, if the User breaches the current Legal Notice, the Holder could suspend or cancel their profile immediately and without prior notice and without granting any right of indemnification to Users. To this end, the Holder informs that it will notice and collaborate with the law enforcement agency and/or legal authorities in case any legislation violation was detected or if there is evidence that a crime was committed.

In case any clause of the present Legal Notice was declared invalid, fully or partially, by any competent court or administrative body, the remaining provisions of Legal Notice will remain valid and effective.

No exercise of any right in this Legal Notice, or failure to do so shall be construed as a waiver of such right by the Holder.

11   APPLICABLE LAW AND COMPETENT JURISDICTION

This Website is ruled by Spanish current Law.

For all disputes that may arise regarding the interpretation and application of this Legal Notice, and as permitted by current regulations, the parties agree to submit to the Courts and Tribunals of the city of Madrid, with express waiver to any other jurisdiction.

Last update: January, 26th, 2018

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

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