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Terms of use

1. Who we are

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). 
In view of the above, the Website shall be governed by the provisions of the applicable Spanish legislation, and, among others, by the provisions of the E-commerce and Information Society Services Act 34/2002, of July 11 (hereinafter "LSSI”).

You can learn more about MS through the "Our Firm" section on our Website. 

2. Content of Legal Notice

2.1 Acceptance of Legal Notice 

This Legal Notice regulates the use of the information society services that MS offers Internet users through its Website.

Access to and use of the Website by the user (hereinafter the "User") implies that User fully accepts and agrees to comply with all the terms and conditions contained in these Terms of Use and in the Website’s Privacy Policy. Please click if you would like to access said Privacy Policy. User must accordingly read these Terms of Use with care every time he or she intends to use the Website, since both the Site and its terms of use may be modified.

Additionally, MS offers User a number of services through its Website, some of which are: (i) information about the various services offered by MS; (ii) regular MS publications; (iii) information on events; (iv) information on careers with MS. The use of these services may be subject to conditions or special instructions that must be accepted by User and that replace, complete and/or modify these Terms of Use as indicated in each specific case. 

2.2 Terms of Website Use

Access to our Website is free except for the cost of connection through the telecommunications network supplied by the service provider 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.

User agrees not to use the Website for fraudulent purposes, and not to carry out any form of conduct that may damage the image, interests and rights of MS or third parties. User also agrees not to take any action to damage, disable or overload our Website, or that may in any way impede its normal use and operation.

User is informed that, in the event of breach of the contents of these Terms of Use, the Privacy Policy or any other terms and conditions contained in our Website, MS reserves the right to limit, suspend or terminate User’s access to the Website by adopting any technical measures that may be necessary for this purpose. Also, MS reserves the right to take such measures in the event that it reasonably believes User is in breach of any of the terms and conditions contained in the above instruments.

We hereby inform the User that MS reserves the right to at any time decide on the continuation of the information society services provided through its Website.

Finally, we inform the User that MS reserves the right to limit User’s access to certain areas on 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 User would need to safeguard and use diligently.

2.3 Intellectual and Industrial Property

Intellectual property rights over the Website 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.

The use of the Website by User does not imply the assignment of any intellectual and/or industrial property rights over the Website, Content and/or distinctive signs of MS. To such effect, through these Terms of Use, except in  those cases in which this is permitted by law or upon prior authorization in writing from MS, User is expressly prohibited from reproducing, transforming, distributing, publicly disclosing, providing, extracting and/or reusing the Website, its Content and/or the distinctive signs of MS.

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 on our Website and/or MS shall be made in the website introducing the link (hereinafter “Linked Site").
  • Under no circumstances will authorization from MS mean that the Firm will: (i) sponsor, collaborate, verify or monitor the content and/or services provided through the Linked Site; or (ii) that it will be responsible for the content of 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 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 Users to access other websites (hereinafter "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 Linked Sites, unless it has actual knowledge of their illegality and has not deactivated the link with due diligence.

Under no circumstances will the existence of Linked Sites involve recommendation, promotion or agreement by MS with the statements, content or services provided by the Linked Sites. Consequently, MS cannot be held responsible for the content of Linked Sites or their terms of use and privacy policies, and User is solely responsible for checking them and accepting them each time he or she accesses and uses them.

If 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: legal@managementsolutions.com. Nevertheless, such notice shall under no circumstances oblige MS to remove the link neither will it necessarily imply that MS is aware that the content of the Linked Site is unlawful, for the purposes of the legislation in force.

2.5 Notice of unlawful or inadequate activities

If User or any other Internet user becomes aware that any kind of information or content of or provided through the Website is unlawful, infringes third-party rights, contravenes these Terms of Use or is, in any other manner, noxious or contrary to ethics or customary practice, he or she may contact MS at the following email address: legal@managementsolutions.com, providing:

  • Personal details of 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. 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.

Receipt by MS of the notice contemplated in this clause will not imply, pursuant to the LSSI, its actual knowledge of the activities and/or content stated by the sender, unless this is obvious or evident. In any case, MS reserves the right to suspend or remove content that, although not unlawful, contravenes these Terms of Use, weighing in each case the legal rights in dispute.

2.6 Liability of MS 

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 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, Users may approach their respective Internet Access Services Provider who may provide them with solutions appropriate to their needs. MS does not accept any liability for loss and damage caused to 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 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 User. 
Specifically, MS will not 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 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, 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;
  • 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.

MS is not required to verify the truthfulness, accuracy and timeliness of the information provided through the Website. 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

As set forth in section 2.1 of these Terms of Use, all issues related to the processing of personal data of Users due to the use of the Website are regulated in the Privacy Policy, and in the legal texts attached to the various data collection forms contained in the Website.

2.8 Miscellaneous

If any of the provisions of this Legal Notice is declared null, it will be removed or replaced. In any event, such statement of nullity will not affect the enforceability of the remaining provisions of these Terms of Use.