The present Legal Notice regulates access to, browsing on and use of the http://www.aviorcapital.eu/ web site, hereinafter the “web site” and the services rendered through it. The registered owner of the web site is Avior Capital SGEIC, S.A., hereinafter “Avior Capital”, NIF A88010517, with its registered office at Pedro Teixeira St, N. 8, 28020 Madrid, and telephone number 91 378 35 55.
Should you wish to contact Avior Capital, you may do so in writing at the address provided above or, if you prefer, through the contact section of the web site, by telephoning +34 91 37835 55.
By accessing and using the web site and the services rendered through it, you acquire the status of User. This entails your full and unqualified acceptance of the present Legal Notice in the version published at the moment of access. If you are not in agreement with the present, you must refrain from accessing the web site and from using the services rendered through the latter.
The present Legal Notice is governed by the principles of legality and good faith, with the User undertaking to use the web site, as well as the information or services provided, in accordance with law, moral standards, customary practice and public order. Any unauthorized use of the information contained on this web site, its resale or any harm caused to the rights of third parties shall give rise to the legal liabilities established in statute.
Avior Capital reserves the right to amend the presentation and arrangement of the web site and the Legal Notice contained therein at any time and without prior notice. For this purpose, Avior Capital recommends that you should read this Legal Notice carefully each time you access the web site.
Avior Capital assumes no liability for any incorrect use or improper appropriation of the contents or information published on the web site.
Users shall be solely and exclusively responsible for any content and/or data they may incorporate, submit and/or use in connection with the web site and they pledge that they hold all necessary permits, licences, consents and authorizations to incorporate, submit and/or use the aforesaid contents and/or data in connection with the web site.
Similarly, users acknowledge and agree that all of the information and/or contents they may Access through the web site is solely and exclusively for their personal, non-transferable use. Transfer to third parties, in any way or manner, of all or part of the information and/or contents users may wish to Access through the web site is prohibited.
Intellectual and Industrial Property Rights
Avior Capital is the sole and exclusive holder of the intellectual and industrial property rights over the trademarks, images, texts, designs, animations, programming and design of the web site or any other content or elements thereof, or, where appropriate, it holds the necessary permits or licences for their use. Any act involving the reproduction, distribution, public communication, making available, or transformation, as well as any other form of exploitation of all or part of the aforesaid contents or elements effected in any manner or by any means, shall require the prior written consent of Avior Capital or, where appropriate, that of the registered holder thereof.
Furthermore, all distinctive signs appearing on the web site are either the property of Avior Capital or the latter holds the corresponding licences and these are duly registered. Reproduction or distribution there of by any means without the proper prior and express authorization of the registered owner is prohibited.
Users undertake to use the contents made available through the web site in accordance with statute, the present Legal Notice and other usage regulations and instructions of which they have been made aware, and to respect generally accepted moral standards and customary practice and public order. In particular, users undertake to refrain from:
(a) reproducing, copying, distributing, making available or in any other way publicly communicating, transforming or modifying the contents unless they have authorization from the registered holder of the corresponding rights or such actions are legally permitted;
(b) eliminating, manipulating or in any other way altering the copyright and other details identifying a reserve of rights by Avior Capital or the registered rights holders with respect to the digital fingerprint or any other technical means established for the recognition thereof.
Access to and browsing on the web site shall in no case be understood to be a waiver, transfer, licence or total or partial assignment of the rights indicated above by Avior Capital or, where appropriate, by the registered holder of the corresponding rights.
The web site may include hyperlinks to other web pages or resources managed by third parties other than Avior Capital, including advertisers. Avior Capital has not reviewed all of the web sites linked to this web site and assumes no liability regarding the contents or truthfulness of these external web sites nor for the availability of such external web sites or resources. Avior Capital does not approve and does not accept any direct or indirect responsibility for the privacy practices or contents of such web sites including (without limitation) any advertising, product or other materials or services on the web site or available on the aforesaid web site or resources, nor for any damage, loss or violation caused, or allegedly caused, through or in connection with the use of such contents, goods or services available on the aforesaid external web sites or resources.
Waiver of liability
1. Exclusion of warranties and liability for the Contents
Avior Capital does not guarantee that the contents of the web site are up to date, complete and accurate, nor that contents do not contain any defects and/or errors. In no case shall Avior Capital be liable for the causing of any kind of harm that Users or third parties may suffer on the web site.
Avior Capital does not check for or represent the absence of viruses or other elements in the
Contents that may produce alterations on computer systems (software and hardware) or in electronic documents and files stored on computer systems.
Avior Capital excludes any liability for damages of any kind whatsoever that may be due to the presence of viruses or the presence of other elements in the contents that may produce alterations in Users’ computer systems, electronic documents or files.
(b) Legality, reliability and usefulness.
Avior Capital does not guarantee the legality, reliability and usefulness of the Contents, and shall in no case be liable for any failure to comply with the expectations placed by Users in the information, products and/or services offered through the web site.
Avior Capital shall not be liable for the usefulness or effectiveness of any recommendations, treatments, measures and other information on prevention, health, improvement and quality of life, habits and customs, all of which are furnished in general and global terms, with Users being required to consult relevant professionals and obtain personalized advice.
Insofar as may be permitted by the legal system, Avior Capital hereby excludes any and all liability for damages of any kind that may be due to access to, transmission, dissemination, storage, making available, reception or obtaining of contents and, in particular, albeit not exclusively, for any damages that may be due to:
(I) any failure to comply with statute, moral standards and generally accepted customary practice or public order as a consequence of access to, transmission, dissemination, storage, making available, reception or obtaining of the contents;
(II) any violation of intellectual and industrial property rights, business secrets, contractual undertakings of any kind, rights to honour, personal and family privacy and the image of individuals, property rights and rights of any other nature belonging to a third party as a consequence of access to, transmission, dissemination, storage, making available, reception or obtaining of the contents;
(III) the performance of acts of unfair competition and illicit advertising as a consequence of access to, transmission, dissemination, storage, making available, reception or obtaining of the contents;
(IV) any lack of truthfulness, accuracy, exhaustiveness, pertinence and/or updated nature of the contents;
(V) any unsuitability for any kind of purpose and the disappointment of the expectations generated by the contents;
(VI) any failure to comply, delay in compliance, defective compliance or termination on any grounds of the obligations entered into by third parties and of contracts entered into with third parties through or as a result of access to the contents;
(VII) any flaw and defects of any and all kinds in the contents transmitted, disseminated, stored, made available, or otherwise transmitted or made available, received, obtained or to which access has been obtained through the web site or the services.
(c) Truthfulness, accuracy, exhaustiveness, and updated nature. Contents provided by third parties
2. Exclusion of warranties and liability for the operation of the web site.
(a) Availability and continuity, usefulness and fallibility
Avior Capital has adopted the necessary measures to ensure the web site functions successfully.
Notwithstanding, Avior Capital shall not be liable for any lack of availability of the web site at any given moment, whether for technical reasons, system maintenance tasks, interference, interruptions on the part of suppliers of the Internet service or due to any other cause or failures arising in access to, operation and operability of the web site, nor for any interruptions, suspensions or failure to function of the latter for reasons beyond the control of Avior Capital.
Avior Capital hereby excludes any and all liability for any and all damages of any kind whatsoever that may be due to a lack of availability or continuity in the operation of the web site, the disappointment in the use Users might have attributed to the web site, the web site’s fallibility and, in particular, albeit not exclusively, failures to access the different pages on the web site or those from which the service is rendered.
(b) Privacy and security in the use of the web site.
Avior Capital does not guarantee privacy and security in the use of the web site; in particular, it does not guarantee that unauthorized third parties shall not be able to ascertain the type, conditions, characteristics and circumstances of the use Users make of the web site.
Avior Capital hereby excludes any and all liability for any and all damages of any kind whatsoever that may be due to the knowledge that unauthorized third parties may possess about the type, conditions, characteristics and circumstances of the use Users make of the web site.
Applicable law and Jurisdiction: