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INTRODUCTION.
This document (together with all of the documents mentioned herein) sets out the conditions governing the use of this website https://phicus.es/.
PHICUS TECNOLOGÍA, S.L. (hereinafter, PHICUS), is the name used to offer information regarding our services and products through the aforementioned website. PHICUS provides telecommunication engineering and programming services.
Through the website, https://phicus.es/, it makes the following available to users:
- Information on PHICUS.
- Information about our software developments and services.
- Access to the blog.
- Possibility of contacting the company through the contact form, email or telephone.
1. DUTY OF INFORMATION.
In compliance with the duty of information set out in article 10 of Law 34/2002, of 11 July, on Information Society and Electronic Commerce Services, the following data is reflected:
- PHICUS is the name used by Phicus Tecnología, S.L. to report on its services through the Internet. (Hereinafter, PHICUS).
- TIN – B87486122
- Address: Centro Europeo de Empresas e Innovación de Murcia, c/ Campus Universitario, 7 - Murcia 30100.
- Telephone: 868 18 30 30
- Contact e-mail: phicus@phicus.es
- Web domain: https://phicus.es/
- Web server: Ventio (ventio.es)
- Trade Registry: PHICUS is registered in the Trade Registry of Madrid Volume 34367, Page 177, Section 8, Sheet M 618220, Inscription /A 1 Date (9.02.16).
The address stated will be considered the mailing and contact address for any communication.
2. GENERAL CONDITIONS OF USE.
Access to and use of this website, as well as the contents that are obtained or may be obtained through it, are subject to the terms and conditions set out in this Legal Notice, as set out in our Privacy Policy and our Cookies Policy.
The access and use of our website presume the reading, knowledge and acceptance of the present document, as well as of the aforementioned texts, therefore we advise that you read it and access and use the website under the sole and exclusive responsibility of the User.
Any action carried out that is contrary to the aforementioned texts shall be considered null and void.
At PHICUS we reserve the right to make changes to our website without prior notice in order to update, correct, modify, add or delete the contents included in it. Any modifications we make to the texts will apply from the moment they are available to Users and therefore from the moment the modification is made public. In any case, we will indicate the date of publication of the last modification made at the end of the text.
At PHICUS we are not responsible for any damages that you may cause as a User, for incorrect or undue use in your dealings with third parties, with this being your sole and exclusive responsibility.
On the other hand, as a User you will be responsible for the veracity of the information that you provide through any form that we make available to you; and the provision of false data will be sufficient reason for the denial of access to our website.
On the other hand, we inform you that you must bear all expenses that may arise from proceedings initiated against you for failure to comply with the provisions of this text or the other texts mentioned above.
3. ACCEPTANCE OF THE GENERAL PURCHASE CONDITIONS.
The mere access, use and/or download of any content incorporated in any section of our website will directly attribute the condition of a User to you; which necessarily implies that you accept and adhere fully and without reservation to the conditions that regulate our website.
4. RULES FOR ACCESSING AND USING THE WEBSITE.
As a User, you agree to access and use our website in a diligent and correct manner, respecting the following rules and assuming any responsibility that may arise from the breach of the same:
- Do not misrepresent your identity by impersonating another person's identity.
- You acknowledge and accept that the use of any section of our website will be for strictly personal, private and individual purposes.
- It is expressly prohibited for you to authorise third parties to use all or part of the website or for you to introduce or incorporate the contents, products and/or services of our website as your own business activity.
- You agree not to use our website and/or its contents for the conduct of activities that are contrary to the Law, morality, good habits or public order and/or for purposes or effects that are unlawful, prohibited or harmful to the rights and interests of third parties.
- You agree to refrain from distributing, storing and/or managing content hosted on our website that is susceptible to infringement of copyright, third party rights or any regulation of rights of a civil, criminal, administrative or any other nature.
- You agree not to cause damage to our physical and logical systems or to those of our suppliers or collaborators, by introducing or spreading computer viruses or others on the network that could cause such damage.
- You agree to use this website only to view the content that PHICUS makes available to Users, to learn about how we work, to request and to obtain information about our products or services, to know our projects, access our blog and send questions or suggestions through our contact form.
5. ACCESS TO THE WEBSITE.
The consultation of the information and content on our website is freely accessible to all Users of the website and there are no restrictions of access unless it is detected that a User violates the provisions of this document, our Privacy Policy or our Cookies Policy.
6. BLOG
The Blog that we have available on our website allows users to submit comments regarding the posts and news on the same. To be able to comment on blog posts, users must provide at least their name and email address, in addition to the text of their comment.
However, the blog does not allow our articles to be shared on social media.
In any case, for proper use of the tools available on our website, including the Blog, we recommend reading the other policies of the website.
7. OUR PRODUCTS AND SERVICES.
Through our website, we offer users the possibility to request more information regarding the products and services provided by PHICUS. The main purpose of this section is to provide information on software developments and engineering services offered to customers or users.
In the event that you, as a User, decide to request information about one of our products or services, you must follow the instructions in this section which consist of:
Filling in the contact request form.
Accepting our Legal Notice, Privacy Policy, Cookies Policy which appear lower down on the form.
For this, PHICUS will provide a contact form which will indicate the mandatory and optional fields that the User must fill out, and accept this Legal Notice, Privacy Policy and Cookies Policy.
8. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS.
As a User, you acknowledge and agree that any Industrial and Intellectual Property rights (trademark, copyright of photographic, literary, technical or opinion pieces, designs and other rights related to materials or contents of our website) correspond to PHICUS or those who have granted us a license to use the same.
In order to use the content provided through our website, it will be necessary to obtain written authorisation from the owner of the website, the author of the literary, photographic piece etc., and in any case, this must be done in compliance with the provisions of Royal Legislative Decree 1/1996, of April 12, approving the consolidated text of the Intellectual Property Law.
We ask that as a User, you respect any Industrial and Intellectual Property rights that may derive from any content included on our website.
Under no circumstances shall we at PHICUS be liable for any infringements that may be committed by a User in the field of Industrial and Intellectual Property, related to works of any kind, including designs, trademarks, utility models, patents, etc. included on our website.
More specifically, we inform you that:
- All literary pieces included on our website, as well as any images, photographs, information, messages, graphics, drawings, sound files and/or recordings, texts, videos or others, are protected by the corresponding Intellectual Property Rights (copyright), therefore the provisions of the Consolidated Text of the Intellectual Property Law 1/1996, of April 12, will be applicable to them.
- PHICUS does not grant any license of use or authorisation with respect to the works appearing on its website, nor with respect to the rights related to works of third parties included on the website, unless expressly agreed upon in writing.
- The reproduction, publication, public communication, making available to the public, distribution or transformation of all or part of the contents included on our website, for any purpose, and in particular for commercial or advertising purposes, in any media and by any technical means, is totally prohibited except where there is written authorisation from the author of the content in question.
Failure to comply with this point will enable PHICUS to bring any legal action it deems appropriate.
- In the event that trademarks, brands or mixed, figurative or denominational distinctive signs, logos or symbols of third parties appear on our website, it is because we have obtained the appropriate authorisation for the use of these from the third parties in question, or because they are used for purely descriptive purposes, in which case the brands correspond to their rightful owners.
- PHICUS owns all of the Industrial Property rights derived from the registration of the domain name https://phicus.es/.
- PHICUS owns all of the Industrial Property rights derived from the registration of the brand M3678602, requested on April 17, 2019.
9. DISCLAIMER FOR CONTENT HOSTED ON WEBSITES ACCESSIBLE FROM OUR WEBSITE.
At PHICUS we have no control over the pages that may be linked through our website, therefore, as a User, you acknowledge and agree that we do not assume any liability for the content, information, opinions and concepts that are broadcast, published or distributed on the websites you may access through these links, or any products and/or services you may purchase on said websites; or any other content, products, services, advertising or other content available on the linked websites.
As a User, you must exercise caution in the valuation and use of the information, contents and/or services existing on the linked websites.
In this sense, if as a User you have effective knowledge of the illegality of activities developed through third party websites that are linked through our website, we would appreciate it if you would inform us immediately so that we can proceed to disable the link to the same.
The use that we make of these links at PHICUS is merely to provide the User with more information. However, since they do not belong to us, we cannot under any circumstances be held responsible for the content accessible through the same or for the consequences of accessing them.
10. DISCLAIMER FOR LINKS TO OUR WEBSITE FROM ANOTHER WEBSITE.
If you link, or intend to link from a website or other Internet website to our website, you must comply with the following conditions:
- No reproduction is permitted, whether total or partial, of any of the services or contents of the website, nor is the establishment of “deep-links”, IMG or image links, or “frames”, unless previously expressly authorised in writing.
- No false, inaccurate or incorrect statements may be made about our website, or about the services and/or contents thereof.
- The website linking to our website will not contain any brands, trademarks, commercial names, business titles, denomination, logo, slogan or other distinctive signs belonging to PHICUS except for where there is express written permission from PHICUS; it must also allow our website to be displayed in its entirety within the browser screen without the contents being displayed through frames. PHICUS reserves the right to require third parties to withdraw links to our website, when it deems it appropriate.
- The establishment of the link will not imply the existence of any relationship between PHICUS and the owner of the website from which it is made, nor the knowledge and acceptance by PHICUS of the services and contents offered on said website.
- PHICUS will not be liable for the contents or services made available to the public on the website from which the link is made, nor for the information and statements included in the same.
11. VIRUS, PIRACY AND OTHER COMPUTER ATTACKS.
As a User, you must not misuse our website by introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or damaging program or material.
You must also not attempt to access without authorisation this website, the server on which it is hosted or any other server, computer or database related to our website, committing not to attack the website through “denial of service attacks” or “distributed denial of service attacks”.
Failure to comply with this clause could result in committing infractions which are classified under our legislation as a crime, so we reserve the power to notify such breaches to the competent authorities and will cooperate with them in order to discover the identity of the attacker.
At PHICUS we will not be liable for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or damaging program or material that may affect your computer, computer equipment, data or materials as a result of the use of our website or the downloading of content from it or to which it redirects.
12. RIGHT OF EXCLUSION OF GUARANTEES AND LIABILITY.
At PHICUS we reserve the right to deny or withdraw access to the content hosted on our website, without prior notice, at our own or a third party's request, for Users who violate the content of this document or any of the other legal texts that govern our website and are mentioned above.
As a User, you are aware and voluntarily accept that the use of PHICUS’ website and its contents takes place under your sole liability.
In addition, PHICUS does not grant any guarantees or accept liability for damages of any kind arising from:
- Lack of availability and technical continuity or operation of the page.
- The lack of usefulness, adequacy or validity of the Website, services, contents, etc. in order to respond to the needs, activities or expectations of the users.
- Negligent or unlawful use of the Website in general that does not respect the provisions of the legal texts which have been referenced, to good faith, morality or public order.
- Errors: Regarding the existence of errors or inaccuracies on the Website and given that the contents have been written in accordance with current standards and the principle of good faith, these will be remedied by PHICUS as soon as possible and as soon as they are known about.
13. PRIVACY POLICY AND COOKIES POLICY.
The provisions of our Privacy Policy and Cookies Policy fully apply to this website and we strongly recommend that you read them in full.
14. GENERAL.
At PHICUS we will pursue any breach of this Legal Notice, Privacy Policy and Cookies Policy, as well as any misuse of our website, exercising all civil, criminal and administrative actions that may correspond to us by law.
15. PROCEDURE FOR NOTIFICATION OF VIOLATIONS.
At PHICUS we respect and protect the privacy of our Users and our Clients, as well as the Industrial and Intellectual Property of third parties. Therefore, we request the same respect from the Users/Clients of our website.
In the event that you believe that there are events and/or circumstances that reveal the unlawful nature of the use of any content, service or any other circumstance contained in this website that reveal or may reveal its unlawful nature, you can contact us at the following e-mail address: phicus@phicus.es.
In the e-mail you send us, you will need to tell us about the alleged unlawful activity and must identify yourself as an acting agent so that we can contact you if we need more information.
This procedure must be followed particularly when the alleged unlawful activity refers to an alleged violation of Industrial or Intellectual Property rights, an individual’s rights to their image or rights that violate own personal data or that of the person being legally represented.
The acting agent must explain, in a precise and specific way, the protected contents and their exact location. We will then take appropriate measures to prevent these User-reported violations.
16. NULLITY.
If any provision of this Legal Notice, our Privacy Policy or our Cookies Policy is declared null and void, in whole or in part, by any Court, the remaining provisions shall remain valid.
17. APPLICABLE LEGISLATION AND JURISDICTION
This Legal Notice shall be governed by Spanish law. The language that the legal text of the Privacy Policy and Cookies Policy, and all other legal documents on our website, will be written and interpreted in will be Spanish.
Likewise, in the case of any dispute, the Client may turn to the ordinary jurisdiction, in compliance with the standards on jurisdiction and competence.
Provided that the Client is not a “Consumer or User”, the parties expressly agree to submit to the Courts and Tribunals of Murcia as this is the place where the Agreement is entered into, with express waiver of any other jurisdiction that may correspond to them.
These texts will not be archived individually for each user, but will be accessible via the Internet from the links enabled for this.
Last update: July 1th, 2021