Legal Notice
1. Identification Data 1.1. FMIT Solutions S.L, hereinafter referred to as FMIT) is an entity whose registered office is in Calle Armengual de la Mota 32a, 29007 Malaga, Spain and, whose Spanish Tax Identification Number is B92016666. Contact e-mail address: info@fmit-solutions.com. 1.2. The domain name, owned by FMIT, www.fmit-solutions.com, shall not be used in connection with other contents, products or services which do not belong to FMIT in any way, so it cannot lead to confusion among final users or to FMIT disrepute. 2. Aim and Scope .1. These are the Terms and Conditions of Use (hereinafter conditions of use or terms of use or legal notice) which regulate access, navigation and use of the website www.fmit-solutions.com (hereinafter FMIT-SOLUTIONS.COM or Web Site), as well as liabilities derived from the use of contents (acknowledging hereinafter by ´contents´ all texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, as well as any other creation protected by Spanish laws and international treaties on intellectual and industrial property). 2.2. The access, navigation or the mere use of FMIT-SOLUTIONS.COM implies the condition of USER and the full acceptance without restriction to the terms of use FMIT has published at each moment you access its Web Site. Consequently, the USER must carefully read these general terms and conditions. In this sense, it is understood that the term USER refers to any person accessing, browsing, using or participating in services and activities, free or onerous, carried out on the Website FMIT-SOLUTIONS.COM. 2.3. The USER undertakes to use the Website correctly in accordance to legislation, good faith, public order and this Legal Notice, and shall respond to FMIT or third parties, of any damages caused as a consequence of non compliance of such obligation. 2.4. This terms of use aim to regulate the access, navigation and use of FMIT-SOLUTIONS.COM, but independently of this, FMIT may set general/specific terms and conditions which regulate the use, acquisition and/or contracting of specific products offered to the USERs by the Web Site. At the same time, FMIT, through FMIT-SOLUTIONS.COM, may entitle third entities to publish or render its services, by inserting links to their respective websites or by banners. In these cases, FMIT shall not be responsible for drafting the general/specific terms and conditions to take into account during the use, rendering or contracting of these services to third parties and, therefore, shall not be considered liable for those. 2.5. Before using services and/or acquiring FMIT products, the USER must carefully read the corresponding general/specific terms and conditions of contracting, created to that effect by FMIT. The use and/or acquisition of software products through FMIT-SOLUTIONS.COM implies the acceptance of these terms and conditions. 3. Intellectual and Industrial Property Rights 3.1. FMIT is the owner or has obtained the corresponding license over the rights to exploitation of intellectual and industrial property of FMIT-SOLUTIONS.COM, as well as the intellectual, industrial and image property rights over the contents and products available in the aforementioned website. 3.2. Under no circumstance, shall it be understood that access and surfing the website or acquiring FMIT products in FMIT-SOLUTIONS.COM by the USER implies a renunciation, transmission, license or total or partial transfer of these rights by FMIT. 3.3. As a consequence thereof, it is not allowed to delete, elude or manipulate the copyright or any other detail of identification regarding the rights held by FMIT or its owners included in the contents and products, as well as all technical protection devices, digital fingerprints or any other mechanism of information and/or identification which may be contained in those. 3.4. It is also forbidden to modify, copy, re-use, exploit, reproduce, publicly display, make second or subsequent publications, download files, send by post, transmit, use, deal or distribute, in any way all or part of the content and products included in FMIT-SOLUTIONS.COM for public or commercial purposes, without prior written consent from FMIT or, if it were the case, from the owner of the corresponding rights. 4. Access 4.1. The access to FMIT-SOLUTION S.COM by USERs is free and out of charge. , nevertheless, some services and products provided by FMIT are subject to the previous acquisition of the service or product and the payment of an amount of money, which is shown in the General Conditions of Business. 4.2. When it is necessary for a USER to register or provide personal details to access a specific service, such as news and information request or the acquisition of products, the collection and treatment of USER´s personal data shall be done according to provisions of FMIT-SOLUTIONS.COM Privacy policy. 4.3. It is absolutely forbidden to acquire products or services through FMIT-SOLUTIONS.COM by underage users, being these obliged to obtain previously their parents´ consent, or tutors or legal representatives, who shall be considered as responsible for the acts undertaken by underage users under their supervision, according to the current legislation. 5. Website usage 5.1. Contents and products offered through FMIT-SOLUTIONS.COM are only aimed to final USERs. Any non-authorized commercial use of those, or their resell, are absolutely forbidden, unless the USER has a previous written authorization from FMIT or if the product has been specially designed for its resell or distribution, and thus determined by FMIT. 5.2. If the USER has to register for the use and/or acquisition of a service in FMIT-SOLUTIONS.COM, the USER shall be responsible of providing accurate and licit information. If as a consequence of registering, the USER is provided with a password, the USER shall use it carefully and keep it secret in order to access these services. As a consequence, USER´s are responsible for keeping custody and confidentiality of any identifier and/or passwords provided by FMIT, and hereby agrees not to give any of this information to a third party, no matter if this is temporary or persistent, nor to permit access to third parties. The USER will become responsible for any illicit use of the services by an unauthorized third party using a password as a result of carelessness or loss of the same by the USER. 5.3. Notwithstanding the above, the USER is obliged to notify the management of FMIT, any event which implies the illicit use of identifiers and/or passwords, such as theft, loss or non authorized access, in order to cancel it immediately. Provided such incidents are not reported, FMIT is exempt from any responsibility which may derive from the illicit use of identifiers or passwords by non authorized third parties. 5.4. Access, surfing and use of FMIT-SOLUTIONS.COM is the responsibility of the USER, who therefore agrees to carefully and faithfully observe any additional instructions added by FMIT or by authorized personnel at FMIT, related to the use of FMIT-SOLUTIONS.COM and its content and products. 5.5. Therefore, the USER undertakes to use the contents and products diligently, correctly and licitly and in particular, commits to abstain from: a. using them with purposes contrary to the law, generally accepted principles of morality or public order and the instructions given by FMIT. b. reproducing or copying, distributing, permitting access from the public by any means of public communication, transforming or modifying the content, unless prior consent of the owner of the corresponding rights or if it is legally permitted. c. using the contents and products and, in particular, the information from any kind obtained through the Web Site or through the services to send publicity, communications with direct sell purposes or any other kind of commercial purpose, non requested messages directed to a number of people no matter its purpose, as well as refraining from marketing or displaying in any way such information. d. introducing viruses in the net or carrying out actions which may be susceptible to alter, damage, interrupt or generate mistakes or damages in the electronic documents, physical or logical data or systems of FMIT or of third parties; as well as hinder the access of other users to the Web Site and its services by a mass consumption of computer resources which FMIT renders its services through. e. trying to access other USER's e-mails or restricted areas of FMIT computer systems or of third parties and, extracting information. f. infringing intellectual or industrial property rights, as well as breaching the confidentiality of FMIT information or of third parties. g. impersonating another USER, from the public administrator or from third parties. h. duplicate, copy, distribute or any other form of public communication, transform or modify the contents, unless they have the authorization of the holder of the relevant rights and it is legally permitted. 6. Liabilities and Limitations 6.1. The content of this Web Site is of a general nature and its aim is merely to provide information, therefore, no guarantee is given by FMIT on the access to all contents, nor their thoroughness, correctness, validity or accuracy, nor their suitability or utility for an specific aim. FMIT excludes, until the extent the law permits, any liability for damages of any nature derived from: a. Access unavailability of the website or lack of veracity and/or updated contents. b. The presence of viruses and other harmful elements in the Web Site or server, electronic documents or USER’s data. c. A non-compliance from the USERs with the law, good faith, public order and the present legal terms and conditions as a consequence of incorrect use of the Web Site. Equally, FMIT is not liable for the information out of its website, not managed directly by our personnel. The purpose of the links shown in our website is to exclusively inform the USER about the existence of other sources which may extend the contents displayed in our website. FMIT does not guarantee, nor is responsible for the performance or does not suggest, invite or recommend its visit to those links, therefore FMIT shall not be responsible for the result obtained.
6.2 Notwithstanding the above, FMIT declares that it has adopted all necessary measures, within its reach and within the state of technology, in order to guarantee the correct functioning of FMIT-SOLUTIONS.COM and to avoid the existence and transmission of viruses and other damaging components which could potentially harm USERs. 6.3. In the event that third parties sell or advert their services or products by FMIT-SOLUTIONS.COM: a. it shall be necessary to clearly specify which company offers or adverts such services or products and their characteristics. b. FMIT shall be regarded as a mere intermediary in such services. c. the third party which sells or adverts its services or products through FMIT-SOLUTIONS.COM, shall be regarded as the only responsible in relation to those services or products. 7. Links (to other websites) 7.1. In FMIT-SOLUTIONS.COM, the USER may find links to other web pages by different buttons, links, banners, etc. Those links are managed by third parties. FMIT does not have the knowledge or human and technical means to control or approve all the information, contents, products or services provided in other websites to which it offers a link through FMIT-SOLUTIONS.COM. Consequently, the entity will not take any responsibility for any aspect related to these websites linked to through FMIT-SOLUTIONS.COM, in particular on its functioning, access, data, information, files, quality and reliability of its products and services, its own links and/or any of their contents in general. If the USERs become aware of the illegality of the activities carried out through these third parties websites, they will be under the obligation to communicate it to FMIT with immediate effect, so that we can proceed to stop access to this link. 7.2. The fact that there is a link in FMIT-SOLUTIONS.COM to another website, it does not imply any relationship, cooperation or link between FMIT and the owner or responsible of that external website. The same applies for links on other websites leading to FMIT-SOLUTIONS.COM. 7.3. If any USER, entity or website wishes to set any kind of link leading to FMIT-SOLUTIONS.COM, they must meet the following principles: a. the link can only be directed to FMIT-SOLUTIONS.COM Home page, unless prior, expressed written authorization by FMIT. b. the link must be full and complete, i.e. it must take the USER with a click to the URL address of FMIT, www.fmit-solutions.com, and must include the full extension of FMIT-SOLUTIONS.COM home page. In no case, unless otherwise expressly authorized in writing by FMIT, can the website creating the link reproduce, in any way, FMIT-SOLUTIONS.COM, include it as part of its website or in one of its ‘frames’ or create a ‘browser’ of any of the pages from FMIT-SOLUTIONS.COM. c. at the webpage where the link to FMIT is shown, there cannot be any statement of authorization to that link from FMIT, unless otherwise there exists an expressed authorization in writing from FMIT. If the entity which has a link to FMIT-SOLUTIONS.COM from its website wishes to include in its web the brand, name, commercial name, logo, slogan or any other identifying element of FMIT and/or FMIT-SOLUTIONS.COM, the entity shall ask for a prior written authorization. d. at all times, FMIT forbids the link to its Website from all those web pages which contain materials, information, or contents which are illicit, illegal, degrading, obscene and in general, which infringe upon morality, public order, current legislation, generally accepted social rules or which harm the legitimate rights of third parties. 7.4. FMIT does not have the knowledge or human and technical means to control or approve all the information, contents, products or services provided in other websites to which it offers a link through FMIT-SOLUTIONS.COM. Consequently, FMIT will not take any responsibility for any aspect related to these websites linked to through FMIT-SOLUTIONS.COM, in particular on its functioning, access, data, information, files, quality and reliability of its products and services, its own links and/or any of their contents in general. 8. Procedure in activities on suspicion of being illegal Should any USER or third party consider that events or circumstances exist which reveal the illicit nature of the utilization of any content and/or services, or engagement in any illicit activity in the pages included on the Web Site or accessible through the web page, he or she shall send a notification to FMIT, providing proper identification, specifying the alleged infringement and expressly stating and under your responsibility, that the information provided within the notification is accurate. The jurisdiction in the event of any litigation concerning FMIT website is the Spanish legislation which shall apply at Malaga Courts (Spain). 8.1. FMIT reserves the right to modify the terms and conditions hereby, total or partially, by publishing any modification in the same way these conditions of use appear or by any other kind of communication headed to the USERs. 8.2. The temporary duration of these conditions of use coincide with the duration of publications, until they are totally or partially modified. At this point, the modified conditions of use will become binding. 8.3. FMIT can, at any time finalize, cancel or interrupt access to the published content, without the need of previous communication, excluding the USER to the right to claim any compensation in this respect. Following this cancellation, the previously outlined (in this Legal Notice) prohibitions of the use of contents will remain valid. 8.4. In the event, the USER had contracted any FMIT provided Product or Service, which the USER had to pay for, this acquisition will be governed by the General/Specific Conditions set forth. 9. Publications The administrative information provided through this website does not replace the legal publicity of the laws, general dispositions and acts that are to be published in the official journals, which are the only binding instruments with regard to the authenticity and content thereof. The available information in this web site must be regarded as a guide without purpose of legal validity. 10. Notifications All notifications and communications between the USERs and FMIT shall be regarded as valid, to all effects, as long as they are carried out by post or electronic mail, signed electronically by an advanced electronic signature based on qualified certificate aim at a higher level of security, and in no case, by telephone communication. Users are requested to contact FMIT by the following ways: a. Mailing the following postal address: Calle Armengual de la Mota 32a, 29007 Malaga, Spain b. Mailing the following electronic mail: info@fmit-solutions.com. 11. General Terms 11.1. Headings to the different clauses are merely informative and, shall not affect, qualify or extend the interpretation of the conditions of use. 11.2. In the event of existing discrepancies between these conditions of use and the specific conditions of each specific service, what is set forth in these last shall prevail. 11.3. In the event that any disposition(s) of the conditions of use hereof were considered void or unenforceable, total or partially, by any competent Court or administrative authority, such voidance or unenforceability shall not affect the rest of dispositions contained within neither the conditions of use nor the specific conditions of the different FMIT services. 11.4. The failure to use the right by FMIT of any right or disposition within these conditions of use hereof, shall not constitute a waiver of the same, unless otherwise recognized and written agreement by FMIT. 12. Governing Law and Jurisdiction The relationship between FMIT and the USER shall be governed in compliance with the provisions of the applicable law and competent jurisdiction. Notwithstanding the above, for those cases where the law provides for the likelihood of the parties to submit to a judicial right, FMIT and the USER, expressly waiving any other legal right that might apply, will submit any controversy and/or litigation to the attention of Malaga Courts, Spain.

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Armengual de la Mota 32 A
29007 Málaga
SPAIN