1. Owner of the Website

The information society service provider and owner of the site is MARKTEL, Global Services S.A. (hereinafter referred to as “MARKTEL”), with registered address at calle Salvatierra No. 5, 28034, Madrid (Spain) and NIF (Tax Id. Number) A82236944, and with this same address for service, registered in the Company Register of Madrid, in the aforementioned Volume 13987, Folio 32, Page M-293229, entry 1, and with e-mail address: info@marktel.es.

2. Terms

2.1. Acceptance

This document (Terms of Use) regulates the access to the https://marktel.es/ website (hereinafter referred to as the “Website”) and the use of the contents and services made available to the Users accessing the Website (hereinafter referred to as the “Users”).

3. Definition of User

The access to and/or use of the Website grants the person who performs any of these actions the status of user of the Website, and the user accepts, from that moment on and without any reservation whatsoever, these Terms of Use, notwithstanding the Special Terms that MARKTEL, Global Services S.A., (hereinafter referred to as MARKTEL) may set for the regulation of certain services and/or contents. . If the user is under the age of 13, they must previously obtain the consent from their parents, guardians or legal representatives, who, for all purposes, will be considered liable for any actions performed by the minors under their care.

4. Obligations of the User

The User undertakes to use the Website in good faith and according to the current laws, and pursuant to public order and to the generally accepted customs and practice. In addition to this, the User undertakes not to use the Website for purposes that may be illicit or detrimental to the rights and/or interests of MARKTELand/or of third parties, and not to cause damages or prevent the normal operation of https://marktel.es/

5. User Responsibility

The use of the Website by the User will be the sole and exclusive responsibility of the User, and thus the User will hold MARKTEL, MARKTEL’s related companies, employees, directors, agents and other affected parties, harmless from any damage that may be directly or indirectly caused to the user or to third parties as a result of the User’s breaching these Terms of Use. In this respect, MARKTEL reserves the right to deny access to and/or the use of the Website, or of any of its contents and/or services, to any User who may breach, or has breached, these Terms of Use.

MARKTEL lets the User know that the legal terms regulating the use of the website or its Privacy Policy are expressly and fully accepted by simply accessing the site and/or using its services or contents. Thus, it is the User’s responsibility to regularly access the legal terms regulating the use or the privacy of the website in order to check the subsequent versions published by MARKTEL.

6. MARKTEL’s Responsibilities

MARKTEL denies any liability arising from damages of any kind caused to the User or to any third parties as a result of:

(1) a third party breaching the security measures implemented byMARKTELand using the Website, its contents or services to send viruses, or agreeing to a non-authorized processing of the data stored byMARKTEL;

(2) or, in general, any use of the Website, its services and/or contents by the User or a third party that may be against the terms of access and the terms of use of the Website, its services and/or contents set out by MARKTEL. In this respect, MARKTEL reserves the right to deny access to and/or the use of the Website, or of any of its contents and/or services, to any user who may breach, or has breached, these Terms of Use.

7. Authorization for the Use of Brands and Logos. Intellectual and Industrial Property.

MARKTEL is the owner of all industrial property rights over the brand and logo as regards the MARKTEL name and the domain https://marktel.es/, and the company is legally authorized to use the MARKTEL brand, and their use or reproduction, other than for the purposes expressly provided for in these Terms of Use, is expressly prohibited.

Under no circumstances shall the User’s access to the website, the provision of services and the publication of contents for their use, imply the total or partial transfer, waiver or transmission of the ownership of the corresponding intellectual and industrial property rights by MARKTEL.

As a matter of fact, under no circumstances may the User use the Website, its contents and services other than for personal purposes. Except for the provisional, transitory or incidental reproduction that may be an integral part of the technological process aimed at enabling access to and the use of the Website, no part of this Website may be reproduced, distributed, transmitted, copied, publicly disclosed or transformed, in full or in part, by means of manual, electronic or mechanical systems or methods (including photocopies, records or any other data recovery and storing systems) through any medium, either currently known or which may be invented in the future, without MARKTEL‘s authorization.

If the actions of the User or their culpable or negligent omission, directly or indirectly attributable to the User, give rise to the breach of the intellectual and industrial property rights of MARKTEL or of any third parties (whether these will result in benefit to the user or not) and cause damages, losses, joint obligations, costs of any nature, sanctions, coercive measures, or fines to MARKTEL, or any other sums arising from or resulting from any claim, lawsuit, action, litigation or proceeding, whether civil, criminal or administrative, MARKTEL will have the right to file charges against the User by all legal means available and to claim any compensatory sums, including, without limitation, moral damage and damage to the company’s image, consequential damages and loss of profit, advertising costs or costs of any other kind that the company may incur for reparations, sanctions or penalties, late-payment interests, the cost of financing all amounts which MARKTEL may incur, court costs and the cost of defense in any proceedings in which MARKTEL may be involved, for the aforementioned reasons, for the damages caused and due to their actions and omissions, notwithstanding any other actions to which we may be legally entitled.

8. Personal Data Processing

MARKTEL has implemented a Data Protection policy (Privacy Policy) regulating the collection, storing, processing and use of personal data provided by the user. In this regard, MARKTEL guarantees its compliance with the aforementioned policy, to which the User may refer by accessing the Privacy Policy link on the bottom menu at https://marktel.es/

9. Rights Reserved by MARKTEL

MARKTEL reserves the following rights:

• The right to fully or partially modify the Website, its design, contents and/or services, as well as these Terms of Use whenever it deems it appropriate.
• The right to interrupt, to temporarily suspend or to permanently cancel the Website or any of its contents and/or services at its sole discretion.
• The right to establish special terms and, where appropriate, to demand a price or further requirements in exchange for accessing certain services and/or contents of the Website.
• The right to restrict, exclude or condition the Users’ access if they cannot fully guarantee that they will use the website correctly pursuant to the obligations and prohibitions accepted by the Users.
• The right to terminate the provision of a service or the supply of contents, without the right to compensation, if these are being used by the Users in an illicit way or in a way that is contrary to the regulating terms.
• The right to commence any legal or judicial actions that may be necessary for the protection of MARKTEL‘s rights, as well as for the protection of the rights of those third parties whose services or contents are provided through the website, provided this is appropriate.
• The right to demand the compensation that may arise out of the improper or illicit use of all or part of the services and contents provided through the Website.

10. Disclaimer

MARKTEL shall not be held liable for any kinds of damages that may arise from:

• The impossibility of connecting to, or due to difficulties when connecting to, the communications network used to access the Website, regardless of the type of connection used.
• The interruption, suspension or termination of access to the Website, as well as from the availability or continuity of the operation of the Website, its services and/or contents, when this is due to (i) the interruption due to technical maintenance services (ii), or to a reason beyond MARKTEL‘s control, whether arising directly or indirectly from it.
• MARKTEL assumes no liability regarding the services and contents, or regarding the availability and conditions, whether technical or otherwise, of access to services and contents offered by third-party service providers, especially regarding information society service providers. “Information society service providers” are those individuals or legal entities that provide the following services to the public: (i) the transmission of data provided by the service recipient through a communications network, (ii) services providing access to such network, (iii) data storing or hosting services, (iv) the provision of contents or information, (v) services providing temporary copies of the data provided by the users, (vi) the provision of links to contents or search tools.
• Damages which may arise from the information, contents, products and services, including, without limitation, those provided, communicated, hosted, transferred, displayed or offered by third parties unrelated to MARKTEL, including information society service providers, through the Website by means of links posted on the Website.
• The processing and subsequent use of personal data by third parties unrelated to MARKTEL, as well as the relevance of the information requested by these third parties.
• The quality and speed of access to the Website, and from the technical specifications that the User’s computer may have in order to access the Website and its services and/or contents.
• MARKTEL shall not be held liable for the delays or failures in the access to and/or operation of the services and/or contents on our websites and mobile apps when due to force majeure.

11. Hyperlinks

The use of hypertext links without permission, and the framing of the contents available on the Online Sites and Products, is not allowed by MARKTEL. As a consequence, MARKTEL reserves the right to disable such elements and expressly denies any liability arising out of the contents available on other online websites, services, tools or applications linked to https://marktel.es/ and its services. Thus, the User accessing any of these will do it at their own risk.

12. Use of Cookies

If the User wishes to learn more about the data storage and recovery devices on the terminal equipment of users using MARKTEL‘s website, they can visit the Cookies Policy.

13. Online Contents

MARKTEL has no obligation to examine the messages, the information or contents that users may decide to disclose by means of the Online Sites and Products and, as a consequence, denies any liability arising from said contents. Notwithstanding the aforementioned, MARKTEL reserves the right to supervise said contents when it deems it appropriate, and to reject or withdraw those containing:

• Contents that may be Illicit, insulting, defamatory, threatening, vulgar, obscene, blasphemous, offensive, aggressive, violent, discriminatory (due to ethnic or racial reasons) or censurable in any other way, including, without limitation, those contents promoting behaviors that may incur civil or criminal sanctions, or behaviors violating any applicable local, national or international laws.
• Advertisements or requests of any kind [except on those sites which allow for the posting of advertisements] Messages published under a false identity.
• Messages including personal data disclosing telephone numbers, Social Security numbers, bank account numbers, addresses or references to jobs.
• Messages published under a false identity that may be attributable to authorized representatives of MARKTEL.
• Messages that enable the illicit download of information violating privacy or intellectual and industrial property.
• Messages placed in individual folders by the same user and repeatedly insisting on the same topic.
• Concatenated messages of any kind.

14. Applicable Laws and Dispute Resolution

The parties, expressly waiving their own jurisdiction, accept that these Terms of Use will be governed by the Spanish laws, and they agree to submit to the jurisdiction of the Courts of Law of Madrid for all disputes or litigations that may arise out of these Terms of Use.