LEGAL NOTICE AND CONDITIONS OF USE

 

 

1. GENERAL INFORMATION

 

The access, navigation and use of the website www.ponturecarga.com (hereinafter, the "Website") implies the express and unreserved acceptance of all the terms of this Legal Notice and Conditions of Use, having the same validity and effectiveness than any contract concluded in writing and signed.

Its observance and compliance will be enforceable with respect to any person who accesses, browses or uses the Website. If you do not agree with the terms set forth, do not access, browse or use the Website.

 

2. IDENTIFICATION OF THE OWNER OF THE WEBSITE

 

In accordance with the provisions of Law 34/2002 on Services of the Information Society and Electronic Commerce ("LSSI"), the identification data of the owner of the Website is provided below:

 

• Owner: Ponturecarga LLC (hereinafter, “PONTURECARGA”)
• Registered office:

  1209 Mountain Road PL NE STE N

  Albuquerque, NM 87110

• E-mail: info@ponturecarga.com

 

3. OBJECT

 

This Legal Notice and Conditions of Use regulate the access, navigation and use of this Website, notwithstanding that PONTURECARGA reserves the right to modify its presentation, configuration and content, as well as the conditions required for access and/or or use. The access and use of the contents of the Website after the entry into force of its modifications or changes imply acceptance of them.

Similarly, users are informed about their rights and obligations in relation to the content displayed through the Website, logos and brands used, as well as the responsibilities that may arise from accessing the Website.

In this sense, and without prejudice to the provisions of these Conditions of Use, the contracting of any product and/or service offered by PONTURECARGA will be governed by the General Conditions of Sale provided for this purpose.

 

4. ACCESS AND REGISTRATION ON THE WEBSITE

 

Access to the contents of the Website is completely free and does not require prior registration, without prejudice to the fact that there may be particular sections or services that require prior registration, such as the process of contracting products and/or services.

Access to the Website by minors is prohibited. However, in the event that access to the Website and registration by a minor takes place, it will be presumed that said access has been made with the prior and express authorization of their parents, guardians or legal representatives, notwithstanding that PONTURECARGA is reserves the right to carry out as many verifications and checks as it deems appropriate.

Under no circumstances will PONTURECARGA be responsible for the veracity of the registration data provided by users, so each of them will be solely responsible for the information provided to PONTURECARGA being adequate, exact and precise or, otherwise, for the possible consequences that could derive from the lack of quality of the data.

 

1. 4.1. Requirements to register as a user

 

In order to carry out the purchase of products and/or services made available to users, it is necessary for them to register in advance, providing the required registration data through the forms provided for this purpose.

It is an essential requirement to be able to register as a user to be over eighteen (18) years of age and to provide all the required information through the Website. The registered user assumes that her user account is personal and non-transferable.

During the registration process, PONTURECARGA will send an OTP code –One Time Password– through an SMS message to the telephone number indicated by the User, as an authentication and identity verification system. The User must indicate in the space provided for this purpose the code to be able to continue with the registration process as a User, if the code is valid, the system will allow him to create the profile as a User in this step.

Likewise, before registering as a User, they must read and expressly accept the Legal Notice and Conditions of Use and the Privacy Policy, as well as accept if they want to receive commercial information from PONTURECARGA, by checking the corresponding boxes provided for this purpose.

 

All registered users will have an access password, which will be, in any case, personal, non-transferable, and will have a limited temporary validity. This password must meet minimum length and security requirements. The user may modify or recover said password at any time, following the procedure provided on the Website. In no case will PONTURECARGA have direct access to said password except for the provision of the access service to the Website to users. This password will remain encrypted in the PONTURECARGA systems, to ensure its conservation and prevent unauthorized access by third parties.

By virtue of the foregoing, it is the user's obligation to immediately notify PONTURECARGA of any fact that allows the improper use of identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed to its immediate cancellation. While such facts are not communicated, PONTURECARGA will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.

 

1. 4.2. Unsubscribe as a registered user

 

The user can, at any time, request to be unsubscribed from the Website, sufficing to process it through an email to the following email address info@ponturecarga.com.

In any case, once the cancellation has been made, the user may request a new registration, except for the power of PONTURECARGA not to admit said registration in the specific cases specified in the clause called "Rules of Use of the Website", or in case of conflict or controversy between the parties, which is yet to be resolved or which has ended with acknowledgment of fault or negligence of the user and/or damage to PONTURECARGA, its collaborators and associates or its users, clients or potential clients.

 

5. RULES OF USE OF THE WEBSITE

 

 For the purposes of interpreting these Conditions of Use, we understand that a person becomes a user at the moment in which they accept the Conditions of Use and the Privacy Policy, as well as the rest of the legal texts and policies of use that are accessible from the Website, browsing by the user is enough to understand that he accepts them in a conscious and informed manner (hereinafter, the "User").

The User assumes his responsibility to make correct use of the Website. It is not allowed and, therefore, its consequences will be the sole responsibility of the User, the access or use of the Website for illegal or unauthorized purposes, with or without economic purpose. In particular, and without the following list being absolute, it is prohibited:

 

• Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer of a third party or in the case of PONTURECARGA;

 

• Use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;

 

• Use the Website to collect personal data from other users;

 

• Using the Website illegally, against good faith, morality and public order;

 

• Access without authorization to any section of the Website, to other systems or networks connected to the Website, to any PONTURECARGA server, or to the services offered through the Website, by means of hacking or forgery, extraction of passwords or any other illegitimate medium;

 

• Break, or attempt to break, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent to the content offered on the Website;

 

• Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of PONTURECARGA, as well as in the systems and networks connected to the Website; either

 

• Prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or trying to alter, illegally or in any other way, the access, participation or operation of those , or falsifying the results thereof and/or using fraudulent participation methods, through any procedure, and/or through any practice that violates or violates these Terms of Use in any way.

 

Access to this Website will not imply the establishment of any type of commercial relationship between PONTURECARGA and the User, without prejudice to the provisions of the General Conditions of Sale.

 

Failure to comply with any obligation by the User may entail the adoption by PONTURECARGA of the appropriate measures protected by Law and in the exercise of its rights or obligations, without the possibility of any compensation for the damages caused.

 

In the event that you find any information or content on the Website that may be inappropriate, contrary to current regulations, or contrary to the conditions set forth on the Website, please inform PONTURECARGA immediately through of the different means available for it.

 

6. ACCESS AND NAVIGATION ON THE WEBSITE: RESPONSIBILITIES AND GUARANTEES

 

PONTURECARGA does not guarantee nor is it responsible for: (i) the continuity of the contents of the Website; (ii) the absence of errors in said content; (iii) the absence of viruses and/or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website and/or the impossibility of violating the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Website; and (vi) the damages or losses caused, to himself or to a third party, by any person who violates the conditions, rules and instructions that PONTURECARGA establishes on the Website or through the violation of the security systems of the Website.

However, PONTURECARGA declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the operation of the Website and minimize system errors, both from a technical and legal point of view. and organizational.

If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could imply an infringement of the rights of third parties, they must immediately notify PONTURECARGA so that it can proceed to adopt the appropriate measures.

PONTURECARGA will not be responsible for the veracity, integrity or updating of the information published on the Website from sources other than the same and will not assume responsibility for hypothetical damages that may arise from the use of said information.

 

7. LINKS POLICY

 

1. 7.1. Links To Other Websites

 

In the event that the Website includes links to other web pages through buttons, links, banners or embedded content, PONTURECARGA informs that these are directly managed by third parties, PONTURECARGA not having the human or technical means to know in advance and/or or control and/or approve all the information, content, products or services provided by other platforms to which links can be established from the Website.

Consequently, PONTURECARGA will not be responsible for any aspect related to the platform or web page to which a link could be established from the Website, specifically, by way of example and not limitation, regarding its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content, in general.

In this sense, if users have effective knowledge that the activities carried out through these third-party web pages are illegal, and/or contravene morality and/or public order, they must immediately notify PONTURECARGA so that Proceed to disable the access link to them, an action that will be carried out in the shortest possible time from the moment in which PONTURECARGA becomes aware of this circumstance.

In any case, the establishment of any type of link from the Website to another external web page will not imply that there is any type of relationship, collaboration or dependency between PONTURECARGA and the person responsible for said external web page.

 

1. 7.2. Links To The PONTURECARGA Channel On Other Platforms And Social Networks

 

PONTURECARGA makes available to users, through different tools and applications, link means that allow users to access the channels and pages of the Website that PONTURECARGA maintains on different platforms and social networks owned and/or managed by third parties ( e.g. [Facebook, Twitter]), from which it carries out the publication of information, as well as the promotion of products and/or services. The inclusion of these links on the Website has the sole purpose of facilitating users' access to said channels on the different platforms and social networks.

The establishment of these applications does not imply the existence of any relationship between PONTURECARGA and the owner, manufacturer or distributor of the linked platform, nor the acceptance and approval by PONTURECARGA of its contents and/or services, being its owner, manufacturer or distributor is solely responsible for them.

In no case does PONTURECARGA share with any social network any type of private information about its users, its sole purpose being that established in these General Conditions of Use, as well as in the Privacy Policy of the Website. In this sense, all the information that the user himself wishes to provide to these platforms will be under his own responsibility, and PONTURECARGA will not intervene in said process.

 

The activation and use of these applications may entail the identification and authentication of the user (login/password) on the corresponding platforms, completely external to the Website and beyond the control of PONTURECARGA.

By accessing these external networks, the user enters an environment not controlled by PONTURECARGA, so PONTURECARGA will not assume any responsibility for the security configuration of said environments.

For this reason, the user must exercise extreme caution in the evaluation and use of the information, content and services existing in the linked channels, and on the information of their own or of third parties that they want to share in said channels.

 

1. 7.3. Links On Other Web Pages Leading To The Website

 

PONTURECARGA does not authorize the establishment of a link to the Website from those pages that contain illicit, illegal, degrading, obscene materials, information or content and, in general, that contravene laws, morality or public order, or social norms generally. accepted.

In any case, users may establish links on their respective web pages that lead to the Website, as long as they comply with the following conditions: a) the link may not reproduce the content of the Website or parts of it in any way; b) it is not allowed to create a browser or a border environment on the sections of the Website, nor can the Website be modified in any other way; c) It is not allowed to make false, inaccurate or incorrect statements or indications about the Website and/or, in particular, declare or imply that PONTURECARGA has authorized the link or that it has supervised or assumed in any way the contents or services offered. or made available on the web page where said link is established; d) the web page in which the link to the Website is established will not contain illicit information or content, contrary to morality and generally accepted good customs and public order, nor will it contain content contrary to any rights of third parties, including those intellectual and industrial property rights and/or the right to honour, to personal or family privacy or to one's own image or any other right, or content contrary to the regulations governing the protection of personal data.

PONTURECARGA does not have the power or the human or technical means to know, control or approve all the information, content, products or services provided by other web pages that have established links to the Website. PONTURECARGA does not assume any type of responsibility for any aspect related to the web page that establishes that link to the Website, specifically, by way of example and not limited to, its operation, access, data, information, files, quality and reliability. of its products and services, its own links and/or any of its content, in general.

 

8. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

 

PONTURECARGA is the owner or, as the case may be, has the corresponding licenses on the exploitation rights of the intellectual and industrial property of the Website, as well as all the contents offered on it, including (by way of example and not exhaustive) the website itself. platform, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through it.

In no case will it be understood that the access, navigation and use of the Website by the User implies a waiver, transmission, license or total or partial transfer of said rights by PONTURECARGA. The User has a right to use the contents of the Website within a strictly domestic environment and solely for the purpose of using this Website, in accordance with these Conditions of Use.

References to trademarks or registered trade names, or other distinctive signs, whether owned by PONTURECARGA or third-party companies, implicitly prohibit their use without the consent of PONTURECARGA or its legitimate owners. At no time, unless expressly stated to the contrary, does access, browsing or use of the Website and/or its contents confer any right on the User to distinctive signs included therein.

All intellectual and industrial property rights over the contents of the Website are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents. contents included in the Website, for public or commercial purposes, if you do not have the prior, express and written authorization of PONTURECARGA or, where appropriate, of the owner of the corresponding rights.

Likewise, it is prohibited to suppress or manipulate the copyright indications or other credits that identify the holders of rights of the contents that the User finds on the Website, as well as technical protection devices, fingerprints, or any protection mechanism. or information incorporated into the content offered on the Website.

In the event that the User sends information of any kind to PONTURECARGA through any of the channels enabled for this purpose, the user declares, guarantees and accepts that they have the right to do so freely, that said information does not infringe any intellectual property right, industrial, commercial secret or any other rights of third parties, and that such information is not confidential or harmful to third parties.

The User acknowledges assuming responsibility, leaving PONTURECARGA harmless for any communication provided personally or on his behalf, reaching said responsibility without any restriction of the accuracy, legality, originality and ownership of the same.

If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could imply an infringement of intellectual and/or industrial property rights, they must immediately notify PONTURECARGA through the email address info@ ponturecarga.com so that it can proceed to adopt the appropriate measures.

Likewise, in the event that any User or third party considers that any of the contents of the Website owned by PONTURECARGA violates their intellectual and/or industrial property rights, as well as any other rights, they must send a communication to info@ ponturecarga.com with the following information:

 

• Identification data and means of contact of the claimant or his legal representative.

 

• Documentation proving your status as owner of the allegedly infringed rights.

 

• Detailed account of the rights allegedly infringed by PONTURECARGA, as well as their exact location within the Website.

 

• Express declaration by the claimant that the use of the contents has been made without the consent of the owner of the allegedly infringed rights.

 

9. SUSPENSION OF THE WEBSITE

 

PONTURECARGA reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, browsing, use, hosting and/or downloading of the content, Products and/or use of services on the Website, with or without prior notification, without the possibility of the User to demand compensation for this cause.

 

10. CONFIDENTIALITY AND DATA PROTECTION

 

In accordance with the provisions of current regulations on Data Protection, all personal data provided during the use of the Website will be treated in accordance with the provisions of the Privacy Policy that all Users must expressly accept in order to use the website.

 

 

11. MODIFICATION OF THE LEGAL NOTICE AND CONDITIONS OF USE

 

PONTURECARGA may and reserves the right to modify the terms and conditions stipulated herein, totally or partially, publishing any change in the same way in which they appear or through any type of communication addressed to users.

The date from which these conditions are in force is the one collected at the end of the document. The temporary validity of these Conditions of Use coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the modified Conditions of Use will become valid.

Regardless of the provisions of the particular conditions that may be established, PONTURECARGA may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the possibility for the user to demand compensation. After such termination, the prohibitions on the use of the content set forth above in these Terms of Use will remain in force.

For these purposes, PONTURECARGA informs that it may inform and collaborate in a timely manner with the competent police and judicial authorities if it detects any infraction of current legislation or if it suspects the commission of a crime.

 

12. MISCELLANY

 

The headings of the different clauses are for information only, and will not affect, qualify or expand the interpretation of these Conditions of Use. Likewise, in the event that any provision of these Conditions of Use is declared null or inapplicable, in its entirety or in part, by any Court, Tribunal or competent administrative body, such nullity or non-application will not affect the remaining provisions of these Terms of Use.

The non-exercise or execution by PONTURECARGA of any right or provision contained in these Conditions of Use will not constitute a waiver of the same, unless acknowledgment and agreement in writing by you.

 

13. APPLICABLE LAW AND JURISDICTION

 

Provided that the regulations in force for this purpose provide for the possibility for the parties to submit to a specific jurisdiction, for any litigation arising from or related to this Website, the Spanish legislation in force at the time of the litigation will apply, and we will submit to the Courts and Courts of Barcelona.

                                                                                                                                                                     

                                                                                                                                                                              Last update: December 2021