Legal Warning

1. GENERAL INFORMATION

1.1. Who is behind this Website?

Behind this Website and our blog with domain  www.iberocm.com, hereinafter, referred to collectively as “the Website” or “platform”, is GLOBAL YERKES whose contact information, for any query you may have, is the following:

GLOBAL YERKES

NIF (Tax Identification No.):  B-87919718

Address: Calle Castelló 128, 3ª planta, C.P. 28006, Madrid

Contact e-mail address: info@iberocm.com

Contact telephone number: 911 923 679

The company was established on 26 September 2017, before the Notary Public of Madrid, Mr. Ignacio Martinez-Gil Vich, under number 2,670 of his records and registered in the Mercantile Register of Madrid, Volume 36,367, sheet 166, section 8, page M-653,372, entry 1.

1.2. Brief description of this Website and its purpose

This Website is intended to provide customers with the best services in the field of Facilities & Property Management, throughout the property’s life-cycle.

As a platform user, you can find out about the different services we offer through our website and visit our blog.

1.3. The purpose of this Warning

This Warning is intended to inform you about who is behind this platform, as well as the type of information we collect about you and what we need it for.

Along with this text, we have made other applicable legal documents available, such as the privacy policy and cookies policy.

1.4. Contacting the person responsible for this Website

You can contact us at the address indicated above, or preferably, via the following e-mail address: info@iberocm.com

2. OPERATING RULES

2.1. How does this Website operate?

You can visit our Website at any time without restriction and free of charge, as well as consulting the services included on the site.

You can also visit our blog without any restrictions, and without having to sign-up.

2.2. Types of Users of our Website

Customer or Visitor: users who simply browse through our Website or blog

You are hereby informed that you will not be able to contact other Users within GLOBAL YERKES, and will have to use other platforms for that purpose.

2.3. Applicable rules of confidentiality

When you browse our Website, we may collect your data in accordance with the provisions of our privacy policy and cookies policy. If, as a User, for any reason, you access information relating to confidential services or aspects of our business, you are subject to the strictest confidentiality, unless we expressly indicate that you are free to use this information. In any case, all Website Users must respect the provisions of our conditions of use.

2.4. Conditions of use

2.4.1. General points

Any person accessing and browsing our Website becomes a User thereof. This involves the acceptance of the conditions of use of this Website, detailed in all its legal notes and policies, relating to data protection, intellectual property, security measures and competent jurisdiction, among others.

As a User, by accessing this Website and our blog, you accept and take responsibility for the risks that may arise. In this way, you must take responsibility for using suitable means to avoid controllable risks that concern you.

As a User, you must carefully read this Legal Warning every time you intend to use the Website, as it may be modified, and you will therefore be subject to and obliged to comply with the provisions thereof.

In addition to these conditions of use, you must at all times respect any other Website rules, as these regulate all the rights and duties relating to Users intended for their protection, the protection of our platform and, therefore, also our business.

2.4.2. User Rights

  • As a User, you have the right to browse the Website, always complying with the rules established in the warnings applicable thereto.
  • As a User, you have the right to receive support in relation to your doubts, comments or exercise of rights, following the procedures established on our platform.
  • You have the right to have your information processed with respect and maximum privacy, and for this purpose we have provided an adequate privacy and data protection policy.

2.4.3. User Prohibitions

  • You cannot take advantage of your User status to access information that does not correspond to you in relation to information or services offered on this Website, or about the Users thereof, or make unauthorised or unlawful use thereof that may cause any type of damage, either to the owner of this Website, or to a third party or User.
  • Any type of link to or from defamatory, pornographic, racist or any other webpages that offer false information or cause damage to our Website or blog or to any other professionals or partners who work with or/for us is prohibited.
  • In no case may users delete, alter, circumvent or manipulate any protection device or security system that may be installed on the Website to commit any crime or fraud, breach any rights relating to intellectual property, privacy, or confidentiality of platform users or its owner.

2.4.4. Rights of the owner

  • The owner of this website has the right to process the User data in accordance with the provisions of these warnings and the corresponding privacy and cookies policies, using said information to answer their queries, and being able to apply all the appropriate legal measures to enable the effective provision of the service.

3. CONTENT, INTELLECTUAL AND INDUSTRIAL PROPERTY POLICIES

3.1. Type of content on our Website

Our Website includes descriptions of the services offered, which are provided with the intention of demonstrating our proximity, reliability and transparency.

3.1.1. Intellectual property policy

  • Our intellectual property policy is applicable to the entire Website, and our blog, as well as the content and materials distributed through these platforms.
  • Users expressly acknowledge, to all effects, that the information, signs, images, designs, logos, animations, videos, texts, and any other elements and content, including services and software applications, of the Website, are subject to the industrial and intellectual property rights of GLOBAL YERKES and/or third-party holders thereof, who have duly authorised their inclusion in the Website, and therefore Users have no rights over them, except those that are expressly recognised.
  • Users who access the Website can view the information contained therein and make private downloads or copies on their computers, 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 accordance with the provisions of the previous section, Users are not entitled to carry out the following actions, to cite merely illustrative examples: distribute, modify, transform, transfer, make available to the public or subject to any other activity that has not been expressly authorised, the elements and contents indicated above, including the computer codes of any of the elements of this Website or platform.
  • Users shall be directly liable for all consequences, damages and losses suffered by GLOBAL YERKES and/or third parties resulting from the breach of any obligation contained herein.

3.1.2.  User limits regarding access and use of our content

As a User, your access to intellectual property content does not grant you any rights over said content. In this sense, you can only make personal use of this information and content (used privately); any use or reproduction made by Users or others who may be included in the future, must be made in accordance with the provisions and legal policies established herein, respecting in all cases the applicable legal limitations.

Specifically, the following actions are strictly prohibited:

  • Reproduction, transformation, distribution, public communication, making available to the public or any other use, of the contents of this Website and blog, without the written consent of the respective owner.
  • Neither can links to this Website and/or blog be created without the consent of the owner and, where appropriate, only links to the main page will be allowed.
  • Users must refrain from creating links to “end pages”, “frame” actions or any other manipulation similar to this website without the express consent of GLOBAL YERKES, unless this is done respecting the provisions of point 3.1.4 of this Warning.

If you would like to request permission to use or publish any of our Website or blog content, you can contact us via any of the means indicated in point 1.4 of this Warning.

3.1.3. Authorisations or permits

As a User, you may view the Website/blog elements, and even print, copy or store them on your computer’s hard drive or on any other media, provided that this is solely and exclusively for personal and private use, and any use for commercial purposes or distribution, as well any modification, alteration or decompilation, will remain strictly prohibited.

However, and as an exception to point 2 above, as a User, you are allowed to mention the articles published on the Website or blog on social networks, through “tweeting, re-tweeting, sharing, blogging” or similar activities, as long as our ownership is respected and the people included in the corresponding articles or contents are duly mentioned.

3.1.4. Links between websites

(1) 1) People or entities intending to establish a hyperlink between their website and this one (hereinafter, the hyperlink), must meet the following conditions:

  • The hyperlink will only enable access to the Website homepage, but will not reproduce it in any way.
  • No frame will be created on the platform pages.
  • No false, inaccurate or incorrect statements or indications will be made in relation to GLOBAL YERKES, its directors, employees and the services provided through the platform.
  • It will not be declared or implied that GLOBAL YERKES has authorised the hyperlink or that it has supervised or is responsible in any way for the services offered or made available on the website on which the hyperlink is provided.
  • Except for signs that are part of the actual hyperlink, the website containing the hyperlink will not contain any trademark, trade name, shop sign, name, logo, slogan or any other distinctive sign belonging to GLOBAL YERKES.
  • The website containing the hyperlink must not include information or illegal content contrary to morality and generally accepted good customs and public order, or content contrary to any rights of third parties.
  • The inclusion of the hyperlink does not imply, in any case, the existence of a relationship between GLOBAL YERKES and the owner of the website containing said hyperlink, nor the acceptance and approval by GLOBAL YERKES of its content or services.

(2) GLOBAL YERKES provides links to its Users in order to facilitate access to information, services and other content available on the Internet. The links enabled on the Website may redirect Users to other websites and web pages managed by third parties, over which GLOBAL YERKES does not exercise any type of control.

GLOBAL YERKES accepts no responsibility for monitoring or verifying the information or content of other sites or web pages that can be accessed through hyperlinks on the Website. It undertakes, exclusively, to remove from this page, as soon as possible, any information, content or services that are inaccurate, contrary to any applicable regulation, or may mislead or cause harm to Users.

3.2. Regarding this Website’s software and design

The owner of this Website holds the rights and licences to use this Website, as well as any rights relating to its design. Users are not allowed to use the programming code, software or design, and will be responsible for any fraudulent use or any other use that may harm the rights of the Website owner, or third parties.

In no case, may you extract, manipulate, copy, compile or decompile any element that makes up the Website, for other purposes or purposes that are outside the object of that offered by the Website, and legal action may be taken against you, if any unauthorised action for such purposes is detected.

3.3. Regarding our brand and corporate identity

As a User you will not be able to use our brand, domain, slogan or any element that is part of our corporate identity, without requesting express permission to do so.

3.4. Supplementary rules

In all matters that are not covered herein, compliance with the provisions of applicable intellectual and industrial property regulations will be required.

4. REGIME OF RESPONSIBILITIES

4.1 Responsibility for accessing the Website

Access to our Website will be the sole responsibility of Users, both in respect of the form of access and in the information provided, as well in the security of Users when browsing the site.

For its part, the Website owner undertakes to make its best efforts, to the extent reasonably possible, to avoid errors in the contents published on the Website and to offer a continued and permanent service through the Website.

We cannot take responsibility for temporary interruptions, technical breakdowns or failures affecting the platform or blog, caused by reasons not attributable to our company, or viruses or IT security issues caused by third parties, or the illegal and disrespectful actions of Users.

GLOBAL YERKES does not guarantee the availability, continuity or infallibility of Website operation and, consequently, excludes, to the maximum extent permitted by current legislation, any liability for damages of any kind caused by lack of availability or continuity of the operation of the Website and the services enabled therein, as well as errors in accessing different web pages.

GLOBAL YERKES declines all responsibility for computer damage or any other damage that Users may suffer in accessing the Website content. For this reason, GLOBAL YERKES does not guarantee the absence of viruses or other harmful elements that could cause damage or alterations in the computer system, electronic documents, or files of Users or third parties.

4.2. Regarding the content published

At GLOBAL YERKES we are not responsible for the content and/or updating of the links published on our Website, or the information that indexes the site and relates to other websites or companies that may be linked to content search criteria.

At GLOBAL YERKES we will review and update the information published on our Website, but cannot guarantee the complete correctness thereof as there may be typographical errors, or inaccurate or incomplete information due to justifiable reasons.

Without prejudice to the limitations established in current legislation, GLOBAL YERKES will not be liable for damages of any kind that may arise due to lack of accuracy, completeness or timeliness, as well as errors or omissions in the information contained in the platform or other content accessed through it.

4.3. Liability for services provided

We cannot be held responsible, in any case, for errors relating to the description of the services we offer. All services will be subject to the information and conditions formally established in the corresponding proposal of services and contract, where applicable, that may be drawn up, aside from whatever may be established in this Website.

4.4. Liability in relation to service failures

In general, neither the platform nor its owner is responsible for technical errors in the platform and/or the non-provision of the Internet service: (i) due to actions or errors of third parties and/or (ii) due to its own causes if the incident is resolved and/or diligent action is taken.

4.5. Other liabilities and duties

  • If GLOBAL YERKES is declared not to be responsible for any damage or harm as a result of the aforementioned situations in a judicial or extra-judicial proceeding, by a competent Court, Tribunal or administrative Public Body, and the User is declared to be responsible, it may claim against the User all the amounts paid and incurred, including any emerging damage and loss of profits, and any costs or levies it may have had to face, including taxes, fees, lawyers, procurators, surveyors, arbitration, travel, stays, and any other expenses.
  • GLOBAL YERKES reserves the right to communicate confidential information that Users in turn have shared with them when so required by law, regulations, rules, ordinances and/or any other legal, judicial or governmental request.

5. Website protection and operation

GLOBAL YERKES will keep the platform operational throughout the year, 24 hours a day, as long as the state of the art so allows.

However, GLOBAL YERKES reserves the right to modify or interrupt, in whole or in part, access to the system temporarily when the system or Internet server requires maintenance, updating or repair, without having to notify its Users.

If Users detect any anomaly, third-party interference, system error or malfunction of the Website, they must notify GLOBAL YERKES so that it may proceed to solve the situation.

6. RIGHT TO MODIFY THIS WARNING

We reserve the right to modify this warning in order to adapt it to regulatory or jurisprudential novelties that may arise or be published, as well as to make the appropriate modifications in accordance with industrial or commercial practices.

Whenever there is a substantial or relevant change thereto, we will notify Users through this Website or blog, with reasonable notice, of the changes in our policies, indicating when said changes are scheduled to have full effect.

7. REGULATIONS APPLICABLE TO THIS WEBPAGE

All our texts and legal policies associated with this platform are governed, in each and every applicable situation, by the European Regulation 679/2016, of 27 April, relating to the protection of individuals with regard to the processing of personal data, and any legal provisions that may be applicable.

8. EXCLUSIONS TO THE WEBSITE’S LEGAL POLICY

This legal policy only affects the information published and the data processing carried out on the basis of our Website or blog. In no case shall the conditions established herein relate necessarily to the company’s policies regarding the actual provision of services, or to the way in which those services are delivered by the company.

9. COMPETENT JURISDICTION

In the event of any conflict or discrepancy in the interpretation or application of these conditions or warning, the applicable legal regulations in matters of competent jurisdiction will determine the Courts and Tribunals to be advised on the case. In the case of legal persons, the parties will be subject to the courts of Madrid. In the event of conflict involving a natural person, the competent courts will be those having competency in the user’s place of residence.

10. What other legal policies apply to this Warning and users?

This legal warning is complemented by the other legal policies included on our Website, already indicated in this warning, such as the privacy policy and the cookies policy in addition to any other policy that we may be required to add or complement, following the provisions of current legislation at all times, and always with the purpose of safeguarding our users’ best interests, giving them every possible guarantee and transparency.