1. Who we are
In accordance with the provisions of article 10 of Spanish Law 34/2002, of July 11, on Information Society Services and Electronic Commerce ("LSSI), we hereby inform you that the website with URL www.managementsolutions.com (the "Website" or the "Site") is owned and managed by GMS Management Solutions, SL ("MS" or “Management Solutions”, used interchangeably), with tax identification code B-83509307, registered in the Commercial Register of Madrid, Volume 18,271, File 219, Section 8, Sheet M-316664, with registered office in Plaza Pablo Ruiz Picasso 1, Torre Picasso, 28020, Madrid (Spain).
You can find out more about MS and how to contact us by visiting the "Where we are" section on our Website.
2. Content of Legal Notice
2.1 Acceptance of the Legal Notice
This Legal Notice regulates the use of services that MS offers Internet users through its Website.
2.2 Terms of the Website Use
Access to our Website is free except for the cost of connection through the telecommunications network supplied by the service provider the User might have engaged. Services are provided by MS at the price stated in the corresponding proposal for services, and are never provided through the Website.
The User agrees not to use the Website for fraudulent purposes, and not to carry out any conduct that may damage the image, interests and rights of MS or third parties. The User also agrees not to take any action intended to harm, disable or overload our Website, or in any way impede its normal use and operation.
We hereby inform the User that MS reserves the right to at any time decide on the continuation of the services provided through its Website.
Finally, we inform the User that MS reserves the right to limit the User’s access to certain areas of the Website (professional areas), in which case the User would need to register by providing the required information and choosing an identifier and password that the User would need to safeguard and use diligently.
2.3 Intellectual and Industrial Property
The intellectual property rights over the Website’s content layout (sui generis right over the database), its graphic design (look & feel), underlying computer programs (including source code), and the various elements comprised in the Website –graphics, photographs, videos, sound recordings, etc. (hereinafter the "Content"), are held by MS or its licensors. Proprietary rights over the distinctive signs included in the Website (trademarks and trade names) are held by MS or its licensors.
2.4 Links Policy
2.4.1 Establishing links to the Website
Establishing links to the Website is prohibited, unless it has been previously authorized in writing by MS. In any case, once the link has been authorized by MS, it must be established as follows:
- The link will only be to the Website’s home page.
- The link may not consist of frames that permit the Website to be viewed through Internet addresses other than those of the Website or that in any other manner show the Website information together with that included in other websites.
- No false, inaccurate or incorrect statements shall be made of our Website and/or MS in the website where the link is introduced (hereinafter the “Linked Site").
- Under no circumstances will the authorization given by MS mean that it: (i) sponsors, collaborates, verifies or monitors the content and/or the services provided through the Linked Site; or (ii) is responsible for the content of the Linked Site.
- The Linked Site shall fully comply with the Law and may not under any circumstances host own or third party content that: (i) is unlawful, harmful or contrary to morality and decency (pornographic, violent, racist, etc .); (ii) induces or could induce the User to falsely believe that MS endorses, backs, adheres to or otherwise supports the ideas, statements or expressions of the sender, whether legal or illegal; and (iii) is inappropriate or not relevant to the activity of MS.
In the event of breach of any of the terms set out above, MS shall proceed immediately and without prior notice to the removal of the link.
2.4.2 Linked Sites
To help the User find additional information, we have included various technical links that allow the User to access other websites (hereinafter the "Linked Sites"). In these cases, MS acts as an intermediation services provider, pursuant to Article 17 of the LSSI. In accordance with the provisions of this legislation, MS shall not be responsible for services and content provided through the Linked Sites, unless it has actual knowledge of their illegality and has not deactivated the link with the diligence that is due.
If the User considers that the Linked Sites contain unlawful, noxious, denigrating, violent or inadequate content, he or she may report this to MS at the following e-mail address: firstname.lastname@example.org.
2.5 Notice of unlawful or inadequate activities
- Personal details of the person reporting the information: name, address, phone number and email address.
- Description of the facts that reveal the illegal or inappropriate nature of the content or information as well as the specific website address in which it is available.
- In the event of infringement of third party rights, including intellectual and industrial property rights, the details of the holder of the rights infringed shall be provided when the holder is not the person reporting the infringement. The sender must provide the title certifying ownership of the rights infringed and, if applicable, his or her capacity to represent the holder when the holder is a person other than the sender.
2.6 Liability of MS
The User needs to be aware that notices through open networks are exposed to a number of threats that make them unsafe. It is the responsibility of the User to adopt all adequate technical measures to reasonably control such threats and, among them, to have updated systems for the detection of malicious software such as viruses, Trojans, etc., and to have security patches for the corresponding browsers updated. For further information, the User may approach their respective Internet Access Services Provider who may provide solutions appropriate to the needs. MS does not accept any liability for loss and damage caused to the User due to risks inherent in the means used and those caused by vulnerabilities of its systems and tools. Neither does MS warrant the absolute security of its systems nor, although it has adopted adequate security measures, may the existence of vulnerabilities be totally ruled out, therefore the User must act carefully when interacting with the Website.
MS will only be liable for damage caused by using the Website when such damage is caused directly by willful misconduct or gross negligence on the part of MS and no negligence existed on the part of the User.
Specifically, MS will under no circumstances be liable for:
- Loss and damage of any kind caused to the computer equipment of the User by viruses, worms, Trojans or any other malware;
- Loss and damage of any kind caused to the User due to failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the Website service during its provision. In this respect, the User recognizes that access to the Website requires services supplied by third parties that are beyond the control of MS (such as, for example, telecommunication network operators, access providers, etc.) for whose reliability, quality, continuity and operation MS is not responsible, neither does MS have responsibility for the availability of the service;
- Indirect, unforeseen, special or accidental damage, including loss of profits, income or data, suffered by any of the parties or by a third party.
- Third-party data in those cases in which it acts as intermediation services provider within the meaning of the LSSI, other than in those cases in which it has actual knowledge and has not removed the information in question.
The information provided by MS through the Portal does not in any way constitute a professional opinion or advisory service, being the Portal's sole purpose to provide the User with general information obtained from public data without MS assuming any responsibility for the veracity, accuracy and currency of said information. MS is not responsible for the decisions taken based on the information provided on the Website, since the contents of the Website are of a general nature and do not constitute the provision of a consulting service of any kind, therefore such information is insufficient for professional or business decision making by the User.
2.7 Data protection