Legal Notice

Legal Notice

BookGest SL

May 2021 Version

  1. GENERAL INFORMATION

1.1. Who is behind this Website?

BOOKGEST SOLUTIONS, S.L. (hereinafter, “BookGest”), is the company behind these Websites with “bgestsolutions.com” domains and their linked domains, “bgestsolutions.es” and “bgestsolutions.cat” whose details, should you need them for any reason, are provided below:

BOOKGEST SOLUTIONS, S.L.

NIF (Número de Identificación Fiscal [Tax Identification Number]): B-85123701

Address: Paseo de Gracia, 103, 6ª planta, 08008, Barcelona, España.

Contact email: info@bgestsolutions.com

Data protection email: lopd@bgestsolutions.com

Contact telephone: 900 926 040

1.2. Description of BookGest Websites and purpose

This Website includes the following domains: bgestsolutions.com, bgestsolutions.es and bgestsolutions.cat, and offers its services for the outsourcing of business processes in the field of administrative management, labour, tax, accounting and business consultancy.

1.3. What is intended with this legal notice?

The purpose of this Notice is to inform the User about who is behind the corporate website, as well as to inform the User about the type of information we collect and why we need it. Together with this text, we have provided other legal texts, such as the Privacy Policy, and the Cookie Policy

1.4. How do I contact the controller of this platform?

The User may contact us at the above address or, preferably, via the following email address: info@bgestsolutions.com

  1. RULES OF OPERATION

 

2.1. How does our corporate Website work?

You can visit our corporate Websites whenever you want, free of charge and enjoy the services and information we offer on them.

In any case, in order to be a User, you must be of legal age.

2.2. Types of users on our Platform

  1. Party requesting information or interested party: is a person who contacts us by any of the means provided to request information about the Website, our products or services.
  2. Social Media Follower: is a person who follows us on social media, through our company profiles.
  3. End customer: is a person who obtains information and/or purchases services through this Website.
  4. User: is the general way to identify all persons who visit or use our services and to whom the general terms and conditions apply or who so stipulate.
  5. Visitor: is a person who simply browses the Website.

2.3. What confidentiality rules do we apply?

When the User browses our corporate website, we can collect their data in accordance with the provisions of our Privacy Policy. However, if you, as a User, for any reason, access information relating to our services or confidential aspects of our business, it is subject to strict confidentiality, unless we expressly indicate that you are free to use such information.

2.4. What conditions of use apply?

2.4.1. General aspects

Any person who accesses and browses the Website becomes a User of the same, which implies acceptance of the conditions of use of this website detailed in all its legal notices and policies, relating to data protection, intellectual property, security measures and competent jurisdiction, among others.

As a User, by accessing our platform, you assume the risks that may occur at your own risk. Thus, you must be responsible for the use of appropriate means to avoid manageable risks to yourself.

Also, as a User, you should read this legal notice carefully each time you intend to use the Website, as it may undergo modifications and, therefore, you will be subject to and must obey the provisions.

In addition to these terms of use, you must respect the rest of the rules of our platform at all times, as they regulate all the rights and duties of the Users for their improved protection, the protection of said platform and, therefore, also of our business.

2.4.2. User Rights

  • As a User, you have the right to browse our platform subject to the rules set out in the notices applicable to it.
  • As a User, you have the right to be attended to regarding your doubts, comments or exercise your rights, following the procedures established on our platform.
  • You have the right to have your information processed with respect and with the utmost privacy, and we have provided you with an appropriate Privacy and Data Protection Policy.

2.4.3. User Prohibitions

  • You may not take advantage of your status as a User to access information that does not concern you about the information or services offered on this website; or about its Users and make any unauthorised or illegal use that may cause any kind of damage, either to the owner of this platform or to a third party or User.
  • Any type of link to or from defamatory, pornographic, racist or any other page that offers false information or harms our platform and any of the professionals or contributors who work with or for it is prohibited.
  • Under no circumstances may you remove, alter, evade or manipulate any protection device or security system that may be installed on the Website in order to commit any crime or fraud, infringe the intellectual property rights, privacy, confidentiality of users or its owner.

2.4.4. Rights of the owner

The owner of this platform has the right to process the User’s data in accordance with the provisions of these notices and the corresponding privacy policy, using this information to deal with your queries, and may carry out all appropriate measures in accordance with the law in order to be able to provide the service effectively.

  1. CONTENT POLICY, INTELLECTUAL AND INDUSTRIAL PROPERTY

3.1. Type of content on our Platform

3.1.1. Intellectual property policy

  • Our intellectual property policy applies to the entire website, as well as to the content and materials disseminated through it.
  • The User expressly acknowledges, and for all purposes, that the information, marks, images, designs, logos, animations, videos, texts, as well as other elements and content, including its services and computer applications, of the Platform, are subject to the industrial and intellectual property rights of BookGest or of third-party owners of the same who have duly authorised their inclusion, and therefore no rights of any kind are granted to them, except those expressly acknowledged.
  • Users accessing the platform may view the information contained therein and download to or make private copies on their computer system, provided that the elements copied are not subsequently transferred to third parties or installed on a server connected to the Internet or a local network.
  • In accordance with the provisions of the previous section, the User shall not be authorised to, by way of example: distribute, modify, transform, transfer, make available to the public or carry out any other activity that has not been expressly authorised, on the elements and contents indicated above, including the computer codes of any of the elements of this Website.
  • The User who proceeds to send any type of content to our website assures that they have the necessary rights to do so, exempting BookGest from any liability for the content and legality of the information offered.
  • The User acknowledges BookGest’s right to modify the contents entered in order to make them suitable and compatible with the technical and aesthetic characteristics of the platform.
  • The User shall be directly liable for all consequences, damages and losses arising for BookGest and/or third parties from the infringement of any obligation contained in this clause.

3.1.2. User limits regarding access and use of our content

You, as a User accessing copyrighted content, do not transfer any rights to the copyrighted content to yourself. In this sense, the use given to this information and contents can only be private (used in a private manner); any use or reproduction made by Users or others that may be included in the future, must be carried out in accordance with the legal provisions and policies established herein, respecting in any case the applicable legal limitations.

Specifically, the following is prohibited:

  • The reproduction, transformation, distribution, public communication, making available to the public or any other exploitation of the contents of this Website without the written consent of the respective owner.
  • Nor may links be made to this Website without the consent of its owner and, where appropriate, only links to the home page are permitted.

If you wish to request permission to use or publish any of our content on the Website, you may contact us by any of the means set out in section 1.4 of this notice.

3.1.3. Authorisations or permissions

As a User, you may view the elements of the Platform and even print them, copy them and store them on your device’s hard drive or any other physical medium, provided that this is solely and exclusively for personal and private use, and therefore their use for commercial purposes, distribution, modification, alteration or decompilation is prohibited.

However, as an exception to what is indicated in the previous point, we allow you as a User to share what is related to the Website through social networks, with the actions “tweet, re-tweet, share, blog” or similar, as long as our ownership or the mention of the corresponding individuals is respected.

3.1.4. Links between Websites

(1) Persons or companies intending to establish a hyperlink between their website and this website (hereinafter referred to as the hyperlink) shall comply with the following conditions:

  • The hyperlink will only allow access to the Website home page, but may not reproduce it in any way.
  • No framewill be created on the Platform pages.
  • No false, inaccurate or incorrect statements shall be made about BookGest, its managers, its employees and the services provided through the platform.
  • It shall not be stated or implied that BookGest has authorised the hyperlink or that it has supervised or assumed in any way the services offered or made available from the website where the hyperlink is established.
  • With the exception of those symbols that form part of the hyperlink itself, the website on which the hyperlink is established shall not contain any trademark, trade name, establishment sign, company name, logo, slogan or other distinctive signs belonging to BookGest.
  • The Website on which the hyperlink is established shall not contain information or content that is illicit, contrary to morality and generally accepted good conduct and public order, or content that is contrary to any third-party rights.
  • The establishment of the hyperlink does not imply, in any case, the existence of a relationship between BookGest and the owner of the website on which it is established, nor the acceptance and approval by BookGest of its contents or services.

3.2. Regarding the software corresponding to our platform and its design

  • The owner of the corporate website has the permissions and licences to use it, as well as the rights relating to its design and images. Any use of the programming code, software or design by Users is not permitted, and Users shall be liable for any fraudulent use or use to the detriment of the rights of the owner of the Platform or third parties.
  • Under no circumstances may you extract, manipulate, copy, compile or decompile any element that makes up the Website, for purposes unrelated to the purpose of what is offered therein, and legal action may be taken if any action along these lines is detected.

3.3. Regarding our brand and corporate identity

  • As a User, you may not use our brand, domain, slogan or any element that our corporate identity is composed of without requesting our express permission to do so.

3.4. Additional rules

  • In all matters not covered by our notices, the provisions of the applicable intellectual and industrial property laws and regulations shall be complied with. 
  1. RULES REGARDING LIABILITY

4.1. Responsibility for accessing the Platform

Access to our platform shall be the User’s sole responsibility, both in the form of access and in the information provided, as well as in the security with which they browse it.

For its part, the owner of the website undertakes to make their best effort, as far as reasonably possible, to avoid errors in the content published and to offer a constant and permanent service through it.

We cannot be held responsible for temporary suspensions, breakdowns or technical failures affecting the platform, brought about by causes beyond our control, viruses or computer insecurity caused by third parties, nor for the illegal and disrespectful actions of Users.

BookGest does not guarantee the availability, continuity or infallibility of the operation of the platform and, consequently, excludes, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website and the services provided therein, as well as errors in access.

Also, BookGest denies all liability for information technology related damage or any other type of damage that may be caused to the visiting User when accessing the content of the Platform. Therefore, it does not guarantee the absence of viruses or other harmful elements that could cause damage or alterations to the computer system, electronic documents or files of the User or third parties.

4.2. Regarding published content

At BookGest, we are also not liable for the content and/or updating of the links published on our platform, or for the information indexed by them and which is related to other websites, applications or other companies that are linked to the content search criteria.

We will review and update the information published on our platform, but we cannot guarantee that all of it is entirely correct as typographical errors, inaccurate or incomplete information may occur for any fully justifiable reason.

Without prejudice to the limitations established in current legislation, BookGest is not liable for damages of any kind that may be due to the lack of accuracy, completeness, timeliness, as well as errors or omissions the information contained in the platform or other content that can be accessed through the same, may contain.

4.3. Liability in relation to service failures

In general, neither the platform nor its owner shall be liable for technical errors on the Website and/or failure to provide Internet service: (i) due to the actions or errors of third parties and/or (ii) due to their own causes when the incident is resolved and/or they act diligently.

4.4. Other liabilities and duties 

  • If BookGest is declared not liable for any damage or loss due to the above in a judicial or out-of-court procedure, by a competent Court, Tribunal or Public Administrative Body, and the User is so declared, BookGest may recover all the amounts that it has had to pay and bear, including actual damage and loss of profit, and any cost or charge that it has had to bear, including taxes, fees, lawyers, solicitors, court agents, experts, arbitration, travel, stays, and any other.
  • BookGest reserves the right to disclose confidential information communicated to it by Users when required to do so by law, regulations, standards, ordinance and/or any other legal or judicial mandate or governmental request.
  1. Protection and operation of the Platform

BookGest will keep the Website operational throughout the year, 24 hours a day, as long as the technology situation permits.

However, it reserves the right to modify or interrupt, in whole or in part, access to the system temporarily when maintenance, updating or repair of the system or the Internet server so requires, without having to notify the User.

If the User detects any anomaly, third-party interference, system errors or poor operation of the Platform, he/she must notify this by contacting the following email address: info@bgestsolutions.com, or the telephone number 900 926 040, so that BookGest can proceed to review what has happened and, where appropriate, find a possible solution.

  1. RIGHT TO MODIFY THIS NOTICE

We reserve the right to modify this notice to adapt it to new legislation or case law that may arise or be published, as well as to make the appropriate modifications in accordance with industry or business practices.

When there is a material or significant change to these policies, we will provide reasonable advance notice through the Platform of changes to our policies, indicating when they are expected to begin to take full effect.

  1. APPLICABLE REGULATIONS

All our legal texts and policies associated with our corporate website, in every respect, [sic] by Spanish legislation, including: Law 34/2002, on Information Society Services and e-Commerce, Organic Law 3/2018, of 5 December, on Protection of Personal Data and guarantee of digital rights, the European Data Protection Regulation 679/2016 and any legal provisions applicable to the Website and/or the products or services offered.

  1. EXCLUSIONS OF THE LEGAL POLICY OF THE PLATFORM

This legal policy only concerns the information published and the data processing carried out on the basis of our platform. In no case shall the conditions set forth herein necessarily relate to BookGest’s policies with regard to the provision of the services themselves, as well as to the manner of provision of the services by the service provider.

  1. NULLITY AND INEFFECTIVENESS OF THE CLAUSES

If any clause contained in this Legal Notice is declared to be fully or partially null or void, such nullity or voiding shall only affect said provision or the part thereof that is null or void, with this Legal Notice surviving in all other respects, with said provision being deemed, in whole or in part, as not having been included.

  1. COMPETENT JURISDICTION

In the event that any conflict or discrepancy arises in the interpretation of these conditions or notice, the Courts and Tribunals that, where appropriate, will hear the matter, will be those provided for by the applicable legal regulations in matters of competent jurisdiction.

In any case, if your situation is as an end consumer, the courts corresponding to your registered address shall have jurisdiction.

In the case of legal entities, the parties shall be subject to the courts of Barcelona.

  1. To what other legal policies is this Notice and the user subject?

This legal notice is complemented by the remainder of the legal policies established on our Platform, already mentioned throughout this notice, such as the Privacy Policy, and the Cookie Policy, as well as any other that may be necessary to add to or complement it, following the provisions of the legislation in force at all times, all to safeguard the best interests of our Users, providing them with the best image of a legal guarantee and transparency.

Shall we talk?