This Legal Notice establishes the terms and conditions for accessing and using the website hosted under the domain name devengo.com, as well as any of the subdomains dependent on it (hereinafter, the “Website”) which DEVENGO S. L. (hereinafter, “DEVENGO”) makes available, free of charge, to its users (hereinafter, “Users”).
By accessing the Website, Users acknowledge, understand and accept, necessarily and without reservation, the terms and conditions set forth in this Legal Notice (the “Terms and Conditions”). Therefore, it is recommended that Users carefully read these Terms and Conditions, as well as any messages, instructions or warnings that may be communicated to them while browsing or using the Website, as they must comply with all of them. If Users disagree with these provisions, they should not use the Website.
DEVENGO reserves the right to modify or update the Terms and Conditions at any time and without prior notice, due to regulatory requirements, technical reasons, changes in the services offered by DEVENGO or strategic decisions of the company, by modifying or updating the text accessible to Users in these Terms and Conditions, so Users are advised to periodically review it.
If the User does not agree to the changes, they must stop using the Website and, if applicable, unsubscribe from any registration or mailing list associated with the Website. Use of the Website after the changes have been made shall be considered acceptance of the changes.
Identification of the Website and/or Application owner
The owner of this Website is the company DEVENGO, S.L, with Tax ID (CIF) B-88353412 and registered office at Calle Barquillo 40, 1º derecha, C.P.28004, Madrid, registered in the Mercantile Register of Madrid, Book 39.112, folio 9, Sheet M-694.923.
Its contact e-mail: [email protected]
Purpose of the Website and Application
The purpose of this Website is to inform the User about the services provided by DEVENGO.
Access to the Website
Users agree to make proper and lawful use of the Website in accordance with applicable law and these Terms and Conditions. Users shall refrain from:
- Make unauthorised or fraudulent use of the Website;
- Access or attempt to access restricted resources on the Website;
- Use the Website for purposes that are illicit, illegal, contrary to the provisions of these Terms and Conditions, harmful to the rights and interests of third parties, or that in any way may damage, disable or overload or impede the normal use or enjoyment of the Website;
- Cause damage to the Website or to the systems of its suppliers or third parties, as well as, in particular, introduce or distribute computer viruses or other physical or logical systems that are likely to cause damage to the systems of DEVENGO, its suppliers or third parties;
- Attempt to access, use and/or manipulate the data of DEVENGO, third parties or other Users;
- Apply reverse engineering techniques, decrypt, decompile or use any other system to know the source code of the Website, or any other element subject to copyright or intellectual property rights;
- Modify or attempt to modify the Website, take any action or use any means to alter its appearance or functions; and/or
- Attempt to access and/or use the email accounts of other Users, and modify or manipulate their messages.
Limitation of Liability
DEVENGO does not guarantee the availability and continued operation of the Website. Consequently, DEVENGO shall in no case be liable for any damages and losses that may arise from:
- The lack of availability or accessibility of the Website;
- The interruption in Website operation and/or computer failures, telephone malfunctions, disconnections, delays, or blockages caused by deficiencies or overloads in the telephone lines, data centers, in the Internet system, or in other electronic systems, produced in the course of its operation;
- The communications or discussions in the course of debates, forums, chats, and virtual communities that are organized through or around the Website, nor shall it be liable for any damages and losses suffered by Users as a result of such communications and/or discussions;
- The errors or delays in the access to the Website by the User when entering their data in the form, the slowness or inability to receive the relevant confirmations by the recipients, or any failure that may arise when these incidents are due to problems in the internet network, fortuitous events or force majeure and any other unforeseeable contingency beyond DEVENGO’s good faith;
- The losses or damages of any kind arising from accessing and making use of the Website, including, but not limited to, those produced in computer systems or those caused by the introduction of viruses and/or computer attacks;
- The accuracy, completeness, or up-to-date nature of information that is not prepared by the company itself; and
- Other damages that may be caused by third parties through unauthorised interference beyond the control of DEVENGO.
Notwithstanding the foregoing, DEVENGO undertakes to make every effort to solve any problems that may arise and to provide all necessary support to Users to reach a quick and satisfactory solution to the incident.
DEVENGO does not guarantee the absence of viruses or other elements on the Website introduced by third parties outside DEVENGO, which may cause alterations to Users’ physical or logical systems, electronic documents, or files stored in their systems. Consequently, DEVENGO shall in no case be liable for damages and losses of any kind that may arise from the presence of viruses or other elements that may cause alterations to Users’ physical or logical systems, electronic documents or files.
DEVENGO does not guarantee that unauthorised third parties cannot know the conditions, characteristics, and circumstances under which Users access the Website. Consequently, DEVENGO shall in no case be liable for any damages and losses that may arise from such unauthorised access.
By agreeing to these Terms and Conditions, Users declare that they shall hold DEVENGO harmless against any claim against DEVENGO, its parent company, directors, shareholders, employees, lawyers, and agents arising from the failure to comply by Users to any provision contained in these Terms and Conditions or of any law or regulation applicable thereto regarding the failure to comply with or violation of third party rights.
In any case, DEVENGO shall only be liable for those damages that the Users may suffer as a consequence of an intentional or grossly negligent action by this company, in relation to the access to the Website, the provision of its Services, as well as the use of the Contents, tools, and features.
Links to third parties
DEVENGO does not control the content of other sites from which this Website may be accessed; or to which it allows access through different links. Therefore, DEVENGO is not responsible neither for the information contained therein nor for any effects that may derive from such information. DEVENGO makes such links available to Users, for their convenience, which shall in no case be interpreted as an endorsement or sponsorship by DEVENGO of the contents contained in such websites. DEVENGO makes no warranty, express or implied, as to the truthfulness, ownership, validity, or legality of any of the linked sites and their content.
If any User or third party observes that the contents to which this Website allows access through links may be contrary to the law, morality, or public order, they should inform DEVENGO by e-mail: [email protected].
Intellectual Property Rights
This Website belongs to DEVENGO. Its contents (including, but not limited to its source code, trademarks, images, icons, designs, and general layout) are protected, in accordance with Spanish, Community, and international regulations, by copyright, registered trademarks, and other intellectual property rights owned by DEVENGO, by companies of its group or by third parties. Access to this Website does not confer in any case, nor can it be interpreted as authorisation or license of any kind on such contents and rights.
In addition, certain trade names, trademarks, logos, slogans, and other materials displayed on this Website and/or the Application are duly registered in the name of DEVENGO or other entities. Users are not authorised to use any of these elements, which in all cases shall remain the property of DEVENGO or of these entities.
Any act of reproduction, distribution, transformation, or public communication, as well as any type of transfer, in whole or in part of the Website and/or the Application content and/or, in general, any form of exploitation in whole or in part of the content (images, texts, design, indexes, forms, etc.) as well as of the possible databases that the Website may contain and of any object, which may be protected under current legislation, especially in accordance with intellectual property regulations is expressly prohibited.
In particular, Users may not, under any circumstances, exploit or use commercially, directly or indirectly, in whole or in part, any of the contents that make up the Website and/or the Application, or modify, copy, distribute, transmit, display, advertise, sell and/or license any content of the Website or create works derived therefrom, without the prior written authorisation of DEVENGO and, where appropriate, also of the content owner. Any authorisation or licence concerning the Website and its content does not imply, under any circumstances, the total or partial waiver, transmission, or cession of any of the aforementioned rights.
Users may, from time to time, print copies of individual Website pages, provided that they do so for their personal, non-commercial use, and always keeping, without alterations, the signs referring to copyrights, registered trademarks, and any other identification concerning the rights of DEVENGO or of third parties. Making any other kind of copy, whether in electronic, paper or any other form, is strictly prohibited.
DEVENGO expressly reserves the right to take any civil and criminal action under Spanish and foreign law that may be applicable to it as a consequence of the infringement to the lawful possession and/or unauthorised use of its intellectual property rights.
Browsing and using certain services on this Website and/or the Application may require users to provide personal data. DEVENGO processes this type of information in compliance with the applicable legislation, as set forth in the privacy policies indicated below and which form part of these Terms and Conditions.
In this regard, please note that cookies are small data files that are stored on the terminal of the User visiting the Website and/or the Application and which contain or store certain information on the visit.
DEVENGO may send the appropriate notifications via the e-mail address provided by users on the forms.
Transfer of rights
Users may not assign their rights and obligations under these Terms and Conditions without the prior written consent of DEVENGO. Likewise, DEVENGO may assign to any entity within its group of companies, worldwide, as well as to any person or entity that succeeds it in the exercise of its business by its titles.
Safeguarding and interpretation
These Terms and Conditions constitute an agreement between each of the Users and DEVENGO. If the competent authority declares any provision to be illegal, invalid, or unenforceable, such provision shall be construed as closely as possible to the original intent of such provision. Such a declaration with respect to one or more clauses shall not prejudice the validity of the remaining clauses. The fact that DEVENGO does not require strict compliance with any of the provisions contained in these Terms and Conditions does not constitute nor may it be interpreted in any case as a waiver on its part to require strict compliance in the future.
The language applicable to these Terms and Conditions is Spanish. Therefore, users expressly agree that they are governed by the Spanish version. If a different language version is provided, it is merely as a courtesy for the convenience of Users.
Governing law and jurisdictiony jurisdicción
Except in cases in which the applicable regulations in force require submission to a different jurisdiction or legislation, this Website, its contents, and Services, the relations between Users and DEVENGO, as well as these Terms and Conditions shall be governed by and must be interpreted in accordance with Spanish law; and any question or dispute arising from or relating thereto shall be submitted to the courts and tribunals of the User’s domicile.