GENERAL CONDITIONS OF USE
The present general conditions (hereinafter, the «Conditions«) regulate the access and use of the services included or accessible through the client’s portal, with URL https://ocp.es/ocean-infrastructures-management/ (hereinafter, the «Portal») developed and managed by Ocean Capital Partners, S.L. (hereinafter, «OCP» or the «Company«).
2. The User
The use of the Portal and any of its functionalities confers the condition of user (hereinafter, the «User«) and the acceptance without reservations of any kind, of each and every one of the present general conditions, as well as any other particular conditions that, if applicable, govern the use of the Portal or the services linked to it.
If the User decides not to accept these conditions, the User must refrain from accessing the Portal and using its contents or services.
3. Information provided
Through the Portal, the User will have access to the documentation corresponding to their projects that the Company is managing in the development of the provision of the contracted services.
4. Obligations of the User
By simply accessing the Portal, the User undertakes to use it diligently and correctly, in accordance with these conditions and in accordance with the law, morality and public order, and assumes, among others, the following obligations:
- If the User, by mistake, has access to information or documentation that does not correspond to its project, the User shall refrain from making copies through any type of medium or mechanism, downloading or any other use of said documentation. Likewise, the User undertakes to notify the Company immediately of this incident.
- Refrain from removing the signs identifying the rights (intellectual, industrial or any other) of OCP or third parties that appear on the Portal and on each of the various services offered through it.
- Likewise, the User must abstain from circumventing or manipulating any technical functionalities established by OCP or third parties, whether in the Portal, in any of the services or in any of the materials, elements or information obtained through the same, for the protection of their rights.
- Not to use or apply technical, logical or technological resources by virtue of which Users may benefit, directly or indirectly, with or without profit, from the unauthorised exploitation of the contents of the Portal.
- Not to introduce, store or disseminate through the Portal or through any of the services linked to it any computer programme, data, virus, code and, in general, to refrain from carrying out actions that may in any way damage, render useless, overload or deteriorate the website, the equipment, systems, networks, programmes, data or information of OCP, its suppliers, any User or, in general, any third party, or prevent the normal use or enjoyment of the website or the services linked to it.
- To be liable for the damages that OCP, its employees, suppliers, clients, other Users and third parties in general may suffer as a consequence of the breach of the present conditions or of the particular conditions that may be applicable to the services linked to the Portal, undertaking to hold OCP, employees, clients and suppliers harmless against any claim, lawsuit or sanction that may be formulated or imposed as a direct or indirect consequence of the aforementioned breach.
5. Intellectual and industrial property
The User expressly acknowledges and accepts OCP’s ownership of the intellectual and industrial property rights of the Portal and the elements that comprise it.
For instance, said ownership covers: the page itself, screens, information and materials included therein, the structure, selection, organisation and presentation of its contents, computer programmes, messages, graphics, drawings, sound and/or image files, photographs, recordings, know-how, brands, distinctive signs, logos, domain names and, in general, any kind of creation or material accessible through the Portal.
The User also acknowledges and accepts the existence of industrial and intellectual property rights of third parties over part of the aforementioned elements, which the User also undertakes to respect.
6. Protection of personal data
In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and Organic Law 3/2018 of 5 December on data protection and guarantee of digital rights (hereinafter, the «Applicable Regulations») OCP undertakes and guarantees that the processing of Users’ personal data processed on the Portal will be carried out in accordance with the characteristics identified below:
- Purpose: to provide the User with the information available to the Company on the management of its projects, because of the provision of contracted services and the management of the Portal.
- Communication: the User’s personal data may be communicated to any parent company, subsidiary or affiliate of OCP, to any other entity to which it is reasonably necessary, as well as in those cases in which it is required or permitted by legal provision.
- Lawfulness: the processing of the data is based on the legitimacy corresponding to the fulfilment of the obligations derived from the contractual relationship subscribed, as well as the consent granted in the acceptance of the Conditions.
- Retention period: the personal data will be kept for the time necessary to carry out the purposes for which they were collected, provided that the User does not revoke the consent granted. Subsequently, if necessary, the information will be kept blocked for the legally established periods.
- Rights: the User may exercise, at any time, the rights of access, rectification, limitation of processing, portability, deletion and opposition to processing, in those cases in which it is pertinent, by writing to the following e-mail address: firstname.lastname@example.org.
OCP and the User undertake to comply with their obligation to maintain the secrecy of personal data and their duty to safeguard them by means of technical and organisational security measures that guarantee their security, prevent their alteration, loss, deterioration, unauthorised processing or access and the possible risks to which they may be exposed. Likewise, the User undertakes to ensure that the information provided is truthful and to update it in the event of any modification.
7. Guarantees and responsibilities
OCP makes every effort to guarantee the availability and continuity of the Portal, as well as the availability, integrity and confidentiality of the information contained therein. However, OCP cannot guarantee that the Portal and the information will be always published correctly, that the User will be able to access and use them quickly, uninterruptedly and free of errors. Likewise, OCP does not give any guarantee as to the suitability and content of the Portal or any of the services linked to it for the satisfaction of the User’s specific needs.
OCP will act diligently according to the general uses accepted in the sector to avoid the presence in the Portal or in any of the services linked to it of viruses or other harmful elements that could cause alterations in the User’s computer system, in its electronic documents or in its files, but it cannot guarantee the absence of such elements, and is not liable for any damages that this could cause.
8. Applicable law and jurisdiction
Spanish law shall apply to any matters not provided for in these general conditions of use, as well as to the interpretation and resolution of any disputes that may arise because of the same.
For the resolution of any dispute that may arise from these general conditions of use, the Courts of the city of Madrid (Spain) shall have jurisdiction, expressly waiving any other jurisdiction that may correspond to them.