LEGAL NOTICE

In accordance with the provisions of Law 34/2002, of July 11, on services of the information society and electronic commerce, the following information is provided:

Identification Data

You are visiting the website https://www.berkinder.com, owned by Carles Bernadell Izquierdo, CIF: 38096667L, postal address: Carrer d’Aribau, 324, Sarrià-Sant Gervasi, 08006 Barcelona, Spain.

You can contact the OWNER by any of the following means:

Telephone: (+34) 932 09 81 09 Contact email: info@berkinder.com

Users

These conditions (hereinafter Legal Notice) are intended to regulate the use of the OWNER’s website that is made available to the public.

Access and/or use of this website attributes the condition of USER, who accepts, from said access and/or use, the general terms of use reflected here. The aforementioned conditions will apply regardless of the general contracting conditions that may be mandatory.

Use of the portal https://www.berkinder.com provides access to a multitude of information, services, programs, or data (hereinafter, “the contents”) on the Internet belonging to the OWNER or its licensors to which the USER may have access.

The user assumes responsibility for the use of the portal. This responsibility extends to the registration that is necessary to access certain services or content. In this registration, the USER will be responsible for providing truthful and lawful information. As a result of this registration, the USER can be provided with a password for which they will be responsible, committing to make diligent and confidential use of it.

The USER undertakes to make appropriate use of the contents and services (e.g., chat services, discussion forums, or newsgroups) that the OWNER offers through its portal and by way of example, but not limited to, not to use them for:

• Engaging in illegal activities, illegal or contrary to good faith and public order.
• Disseminating content or propaganda that is racist, xenophobic, pornographic-illegal, in support of terrorism or against human rights.
• Causing damage to the physical and logical systems of Carles Bernadell Izquierdo, its suppliers, or third parties, introducing or spreading computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage.
• Attempting to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages.
• Using the website or the information contained therein for commercial, political, advertising purposes, and for any commercial use, especially in the sending of unsolicited emails.

THE OWNER reserves the right to remove any comments and contributions that violate the respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that threaten youth or childhood, public order or safety, or that, in its opinion, are not suitable for publication. In any case, THE OWNER will not be responsible for the opinions expressed by users through forums, chats, or other participation tools.

Data protection

All information regarding the data protection policy is contained in the privacy policy document.

Content. Intellectual and industrial property

THE OWNER owns all the intellectual and industrial property rights of its website, as well as the elements contained therein (by way of example: images, photographs, sound, audio, video, software, or texts; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access, and use, etc.), owned by the OWNER or its licensors.

All rights reserved. By virtue of the provisions of articles 8 and 32.1, second paragraph, of the Intellectual Property Law, the reproduction, distribution, and public communication, including its method of making available, of all or part of the contents of this website, for commercial purposes, on any medium and by any technical means, without the authorization of the OWNER, are expressly prohibited.

Exclusion of guarantees and liability

The USER acknowledges that the use of the website and its contents and services is carried out under their sole responsibility. Specifically, by way of example, THE OWNER does not assume any responsibility in the following areas:

• The availability of the functioning of the website, its services, and contents and its quality or interoperability.
• The purpose for which the website serves the USER’s objectives.
• The infringement of the legislation in force by the USER or third parties and, specifically, of intellectual and industrial property rights owned by other persons or entities.
• The existence of malicious code or any other harmful computer element that could cause the USER’s or third parties’ computer system. It is the USER’s responsibility, in any case, to have adequate tools for detecting and disinfecting these elements.
• Fraudulent access to the contents or services by unauthorized third parties, or, where appropriate, the capture, deletion, alteration, modification, or manipulation of the messages and communications of any kind that such third parties may carry out.
• The accuracy, truthfulness, timeliness, and usefulness of the contents and services offered and the subsequent use made of them by the USER. THE OWNER employs all reasonable efforts and means to provide updated and reliable information.
• The damage caused to computer equipment during access to the website and the damage caused to USERS when they have their origin in failures or disconnections in telecommunications networks that interrupt the service.
• The damages or losses derived from circumstances arising from chance or force majeure.

Modification of this legal notice and duration

THE OWNER reserves the right to make the modifications it deems appropriate to its portal without prior notice, being able to change, delete, or add both the contents and services provided through it, and the way in which they are presented or located in its portal.

The validity of the aforementioned conditions will be based on their exposure and will be in force until they are modified by others duly published.

Links

In the event that links or hyperlinks to other Internet sites are included in https://www.berkinder.com, THE OWNER will not exercise any type of control over said sites and contents.

In no case will THE OWNER assume any responsibility for the contents of any link belonging to a third-party website, nor will it guarantee the technical availability, quality, reliability, accuracy, breadth, truthfulness, validity, and constitutionality of any material or information contained in any of these hyperlinks or other Internet sites. Likewise, the inclusion of these external connections will not imply any type of association, merger, or participation with the connected entities.

Right of exclusion THE OWNER reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own or a third party’s request, to those users who fail to comply with the content of this legal notice.

General

THE OWNER will pursue the breach of these conditions as well as any improper use of its portal, exercising all civil and criminal actions that may correspond in law.

Applicable law and jurisdiction

The relationship between THE OWNER and THE USER will be governed by current Spanish regulations. All disputes and claims arising from this legal notice will be resolved by the Spanish courts and tribunals of Valencia.

Minors

https://www.berkinder.com directs its services to users over 18 years old. Minors of this age are not authorized to use our services and should not, therefore, send us their personal data. We inform you that if this occurs, Carles Bernadell Izquierdo is not responsible for the possible consequences that may arise from the breach of the notice established in this same clause.

Security Measures – SSL

The Owner has contracted an SSL (“Secure Sockets Layer”) certificate for its website. An SSL certificate allows for the protection of all personal and confidential information that can be handled on a website, regardless of the information being transmitted, such as from any of the contact forms on the website to the server, or the data entered for newsletter subscriptions or access to protected areas, etc. The website address will appear in green, activating the “https” protocol that allows secure connections from a web server to the user’s browser.