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Legal notice

May 2021 version1. General information

1.1. Who is behind this Website?

Behind these Websites with the domain “bgestsolutions.com” and its linked domains, “bgestsolutions.es” and “bgestsolutions.cat”, is the company BOOKGEST SOLUTIONS, S.L. (hereinafter, “BookGest”), whose details are provided below for anything you may need:

BOOKGEST SOLUTIONS, S.L.

  • NIF: B-85123701
  • Registered Office: Paseo de Gracia, 103, 6ª planta, 08008 de Barcelona, España.
  • Contact email: info@bgestsolutions.com
  • Data protection email: lopd@bgestsolutions.com
  • Contact telephone: 900 926 040

1.2. Description of the BookGest Websites and purpose

This Website is presented under the following domains: bgestsolutions.com, bgestsolutions.es, and bgestsolutions.cat, and offers its services for business process outsourcing in the fields of administrative management, labor, tax, accounting, and business consultancy..

1.3. What is the purpose of this legal notice?

This Notice aims to inform the User about who is behind the corporate website, as well as to let them know what type of information we collect and why we need it. Along with this text, we have provided other legal texts, such as the Privacy Policy and the Cookies Policy.

1.4. How to contact the person responsible for this platform?

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

2. Operating rules

2.1. How does our corporate Website work?

You can visit our corporate Websites whenever you want, completely free of charge and openly, as well as enjoy the services or information offered herein.

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

2.2. Types of users on our Platform

  1. Information seeker or interested party:The person who makes contact through any of the available means to request information about the Website, our products, or services.
  2. Social Media Follower: the person who follows us on social networks through our corporate profiles.
  3. End Customer:The person who obtains information and/or purchases services through this Website.
  4. User: The general term used to identify any person who visits or uses our services and to whom the general conditions or those established as such apply.
  5. Visitor:The person who simply browses the Website.

2.3.What confidentiality rules do we apply?

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

2.4. What conditions of use apply?

2.4.1. General aspects

Anyone who accesses and browses the Website becomes a User thereof, 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 any risks that may arise at your own risk. Thus, you must be responsible for using appropriate means to avoid controllable risks that affect you.

Also, as a User, you must carefully read this legal notice on each occasion you intend to use the Website, as it may undergo modifications and, therefore, you will be subject to and must comply with its provisions. In addition to these conditions of use, you must respect all other rules of our platform at all times, as they regulate all the rights and duties of Users for their better protection, the protection of said platform, and, consequently, also of our business.

2.4.2. User Rights

  • As a User, you have the right to browse our platform, always subject to the rules established in the applicable notices.
  • As a User, you have the right to be assisted regarding your doubts, comments, or the exercise of rights, following the procedures established on our platform.
  • You have the right to have your information treated with respect and maximum privacy, for which we have provided an appropriate Privacy and Data Protection Policy.

2.4.3. User Prohibitions

  • You cannot take advantage of your status as a User to access information that does not belong to you regarding the information or services offered on this website, or about its Users, and carry out unauthorized use or use contrary to the law that may cause any type 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 pages, or any other that offers false information or damages our platform and any of the professionals or collaborators working with or for it, is prohibited.
  • Under no circumstances may you delete, alter, evade, or manipulate any protection device or security systems that may be installed on the Website to commit any crime or fraud, or infringe upon the intellectual property rights, privacy, or confidentiality of the users or its owner.

2.4.4. Owner Rights

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 said information to address their inquiries, and may carry out all appropriate measures according to law to provide the service effectively.

3. Content, intellectual and industrial property policy

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, for all intents and purposes, that the information, signs, images, designs, logos, animations, videos, texts, as well as other elements and content, including the services and computer applications of the Platform, are subject to industrial and intellectual property rights of BookGest or third-party owners who have duly authorized their inclusion, meaning no type of right is granted over them except those expressly recognized.

  • Users who access the platform may view the contained information and make private downloads or reproductions on their computer system, provided that the reproduced elements are not subsequently transferred to third parties or installed on a server connected to the Internet or a local network.

  • In line with the provisions of the previous section, the User shall not be authorized to, including but not limited to: distribute, modify, transform, transfer, make available to the public, or carry out any other activity that has not been expressly authorized regarding the elements and content 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 warrants that they hold the necessary rights to do so, exempting BookGest from any liability regarding the content and legality of the information provided.

  • The User acknowledges BookGest’s right to modify the entered content so that it adapts to and is compatible with the technical and aesthetic characteristics of the platform.

  • The User will be directly responsible for all consequences, damages, and losses arising for BookGest and/or third parties from the breach of any obligation contained in this clause.

3.1.2. User limits regarding access and use of our content

Access to intellectual property content on your part as a User does not transfer any rights over it to you. In this sense, the use you make of this information and content can only be private (used in a private manner); any use or reproduction carried out 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 applicable legal limitations in all cases.

Specifically, the following are 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.

  • Links to this Website may not be made without the consent of its owner and, where applicable, links will only be permitted to the main page.

If you wish to request any type of permission to use or publish any of our Website content, you can contact us through any of the means indicated in section 1.4 of this notice.

3.1.3. Authorizations or permissions

As a User, you may view the elements of the Platform and even print, copy, and store them on the hard drive of your device or on any other physical medium, provided that it is solely and exclusively for personal and private use, thus prohibiting its use for commercial purposes, its distribution, as well as its modification, alteration, or decompilation.

However, as an exception to what is indicated in the previous section, we allow you as a User to share matters relating to the Website via social networks using actions such as “tweet, retweet, share, blog” or similar, provided that our ownership or the mention of the corresponding persons is respected.

3.1.4. Links between websites

(1) Those persons or companies intending to establish a hyperlink between their website and this one (hereinafter, the hyperlink) must comply with the following conditions:

  • The hyperlink will only allow access to the homepage of the Website, but it may not reproduce it in any way.

  • No frame shall be created over the Platform’s pages.

  • No false, inaccurate, or incorrect statements or indications shall be made about BookGest, its executives, its employees, and the services provided through the platform.

  • It shall not be stated or implied that BookGest has authorized the hyperlink or has supervised or assumed in any way the services offered or made available from the website where, if applicable, the hyperlink is established.

  • With the exception of those signs forming part of the hyperlink itself, the website on which the hyperlink is established shall not contain any trademark, trade name, business sign, denomination, logo, slogan, or other distinctive signs belonging to BookGest.

  • The Website on which the hyperlink is established shall not contain illegal information or content, or content contrary to morality, generally accepted good customs, and public order, nor content contrary to any rights of third parties.

  • The establishment of the hyperlink does not imply, in any case, the existence of relations 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 holds the permissions and licenses 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 they shall be held responsible for any fraudulent use or use that prejudices the rights of the Platform owner or third parties.
  • Under no circumstances may any element that makes up the Website be extracted, manipulated, copied, compiled, or decompiled for purposes that are external to or outside the scope of what is offered therein, and legal action may be taken if any action to the contrary is detected for this reason.

3.3.Regarding our trademark and corporate identity

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

3.4.Supplementary rules

  • For anything not provided for in our notices, compliance with the provisions of the applicable legislation and regulations on intellectual and industrial property shall apply.

4. Liability regime

4.1.Liability for accessing the Platform

Access to our platform shall be the sole responsibility of the User, both regarding the method of access and the information provided, as well as the security with which they browse through it.

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

We cannot accept liability for temporary suspensions, breakdowns, or technical failures affecting the platform caused by reasons beyond our business, by viruses or IT insecurity caused by third parties, or by illegal and disrespectful actions of Users.

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

Likewise, BookGest declines all liability for computer damage or damage of any other type that it might cause to the visiting User when accessing the Platform’s content. 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 the published content

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

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

Without prejudice to the limitations established in the current legislation, BookGest is not responsible for damages of any nature that may be due to the lack of accuracy, completeness, or timeliness, as well as to errors or omissions that the information contained on the platform or other content that can be accessed through it may suffer from.

4.3.Liability in relation to service failures

In general, neither the platform nor its owner is liable for technical errors on the Website and/or the non-provision of Internet service: (i) due to actions or errors of third parties and/or (ii) due to its own causes when the incident is resolved and/or it acts diligently.

4.4.Other liabilities and duties

  • If BookGest were to be declared liable for any damage or loss caused by the aforementioned matters in judicial or extrajudicial proceedings, by a competent Court, Tribunal, or administrative Public Entity, and the User were the responsible party, BookGest may claim against the User all amounts it has had to pay and bear, including consequential damages and loss of profits, and any cost or encumbrance it has had to face, including taxes, fees, lawyers, court procurators, experts, arbitrations, travel, accommodation, and any other.
  • BookGest reserves the right to communicate the confidential information that Users have communicated to it when imposed by law, regulation, rules, ordinance, and/or any other legal or judicial mandate or governmental request.

5. Protection and operation of the platform

BookGest will keep the Website operational throughout the year, 24 hours a day, provided that the state of the art allows it.

However, it reserves the right to temporarily modify or interrupt, in whole or in part, access to the system when the maintenance, update, or repair service of the system or the Internet server requires it, without the need to have notified the User.

If the User detects any anomaly, third-party interference, system errors, or malfunction of the Platform, they must report it by contacting the contact email: info@bgestsolutions.com, or the telephone number 900 926 040, so that BookGest can proceed to review what happened and, if applicable, look for a possible solution.

6. Right to modify this notice

We reserve the right to modify this notice to adapt it to any legislative or jurisprudential developments that may arise or be published, as well as to make appropriate modifications in accordance with industry or commercial practices.

When a substantial or relevant change occurs in them, we will give notice through the Platform, with reasonable advance notice, of the changes that will take place in our policies, indicating when they are scheduled to take full effect.

7. Applicable legislation

All our legal texts and policies associated with our corporate website, in each and every one of its aspects, are governed by Spanish legislation, including: Law 34/2002, on Information Society Services and Electronic Commerce, Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights, the European Data Protection Regulation 679/2016, and any legal provisions that apply to the Website and/or the products or services offered.

8. Exclusions from the platforms legal policy

This legal policy only affects the published information and data processing carried out based on our platform. Under no circumstances do the conditions established herein necessarily have to be related to BookGest’s policies regarding the provision of services themselves, as well as the manner in which they are provided by their owner.

9. Severability and ineffectiveness of clauses

If any clause included in this Legal Notice were to be declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect said provision or the part thereof that is null or ineffective, and this Legal Notice shall survive in everything else, with such provision being considered totally or partially excluded.

10. 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 shall be those provided for by the applicable legal regulations on competent jurisdiction.

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

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

11. What other legal policies are this notice and the user subject to?

This legal notice is supplemented by the rest of the legal policies established on our Platform, already mentioned throughout this notice, such as the Privacy Policy and the Cookies Policy, as well as any other that may be necessary to add or supplement, following the provisions of the current legislation at any given time, all to safeguard the interests of our Users, providing them with the highest image of guarantee and transparency.