Website disclaimer. Page, domain which is made available to Internet Users.

Transcription

1 LEGAL DISCLAIMER AND INFORMATION ON TERMS OF USE OF Identification data of website owner In compliance with the disclosure requirements stipulated in article 10 of Law 34/2002, of July 11, governing information society and electronic commerce services, Banco Santander, S.A. (hereinafter "Santander"), as website owner, hereby informs of the identification data required under said law: Corporate name: Banco Santander, S.A. Registered address: Paseo de Pereda 9-12, Santander (Cantabria - Spain) Tax ID: A address: [email protected] Registration data in the Companies Register: Companies Register of Cantabria Volume 838, Book 0, Folio 208, Sheet S-1960 The information provided herein comprises and regulates the terms of use, the limitations of liability and the obligations assumed and undertaken by web page users under the domain name Definitions Page, domain which is made available to Internet Users. User, natural or legal person using or browsing the Page. Content, the pages composing the entire domain and the information and services that Santander makes available to Internet Users. These contain the messages, texts, photographs, graphics, icons, logos, technology, links, textures, drawings, sound and/or image files, recordings, software, appearance, graphic design and source code and, in general, any kind of material contained within the Page. Web, technical term that describes the information access system via Internet, configured by means of pages created using HTML language or similar, and programming mechanisms such as Java, Javascript, PHP, or others, etc. These pages, designed and published under an internet domain name, are the result of the information that the owner makes available to Internet Users. Hyperlink, technique that enables Users to browse through different Web pages, or the Internet, by simply clicking on the text, icon, button or element containing the link. Cookie, technical tool used to "track" and monitor browsing on Websites. These are text files stored on a User's computer. Cookies have implications for privacy. Therefore, please refer to the specific section on "Cookie Policy". Terms of use

2 By simply and merely using the Page, you are a Page user, whether a natural or legal person. These necessarily implies complete acceptance, in full and without reservation, of each and every clause and general conditions included in the Legal Disclaimer. If you do not agree with the clauses and conditions of use of this Legal Disclaimer, you must refrain from using the Page. This Legal Disclaimer is subject to changes and updates. Accordingly, the version published by Santander may be different each time the User accesses the Website. Therefore, Users must read the Legal Disclaimer every time they access the Page. Through the Page, Santander provides Users with access to and use of diverse Contents published via the Internet by Santander or authorised third parties. Users are obligated and undertakes to use the Page and the Contents in accordance with prevailing legislation, the Legal Disclaimer, and any other notice or instructions of which they are made aware, either through this legal disclaimer or in any other place within the Contents comprising the Page, as well as the generally accepted rules governing coexistence, moral conventions and good customs. To this end, Users are obligated and undertakes NOT to use any of the Content for any purposes or effects that are illicit, prohibited in the Legal Disclaimer or by prevailing legislation, harmful to the rights and/or interests of third parties, or which in any form may damage, render useless, overload, deteriorate or impede the normal use of the Content, the computer equipment or the documents, files or any type of content stored on any computer equipment owned by or contracted by Santander, or of other Users or any Internet user (hardware and software). Users are obligated and undertake not to transmit, disseminate or make available to third parties any kind of material contained on the Page, including but not limited to, information, texts, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, logos, brands, icons, technology, software links, graphic design and source code, or any other material to which they may have access as Users of the Page. Similarly, pursuant to the foregoing, Users may not: - Reproduce, copy, distribute, make available or in any other form publicly disclose, transform or modify the Content, unless they have the written and express consent of Santander, which owns the corresponding rights, or unless such action is legally permitted. - Delete, manipulate or in any other manner alter the copyright or other identifying data of the reservation of rights of Santander or its owners, of the digital fingerprints and/or identifiers, or of any other technical means established for their recognition. Users must refrain from obtaining or even attempting to obtain the Contents by using means or procedures other than those, depending on the case, that have been made available for this purpose in the Web pages where the content can be found or, in general terms, those that are typically used on the Internet for this purpose, provided that there is no risk of damage or making the Page and/or Contents unusable. Intellectual property All brands, commercial names or distinctive signs of any kind appearing on the Page are the property of Santander or, where applicable, of the third parties authorising their use, and in no way does the use of or access to the Website and/or the Content grant the User any right to

3 said brands, commercial names and/or distinctive signs, or imply the assignment of the exploitation rights that exist or which may exist in relation to said Content. Similarly, the Content is the intellectual property of Santander, or of third parties, where applicable. Therefore, the intellectual property rights are held by Santander or the third parties authorising their use, or those granted the exclusive exercise of the exploitation rights thereof in any form, and in particular, the rights of reproduction, distribution, public communication and transformation. Any unauthorised use of the information contained on this Website, as well as any infringement on the Intellectual or Industrial Property rights of Santander or of third parties included in the Page which have assigned content shall give rise to the responsibilities established by law. Hyperlinks Any person wishing to create hyperlinks between their Website and the Page must observe and comply with the following conditions: - Prior authorisation is not required if the Hyperlink only allows access to the home page, but it may not reproduce the home page in any form. Any other form of Hyperlink requires the express and unequivocal written authorisation from Santander. - Frames may not be created with the Web pages or on Santander Web pages. - No false, inaccurate or offensive statements or declarations shall be made regarding Santander, its directors, employees or partners, or the people listed on the Page for any reason, or of Page Users or the Content provided. 6 - It shall not be stated or implied that Santander has authorised the Hyperlink or that it has supervised or assumed the Content offered or made available on the Web page where the Hyperlink is established. -The Web page where the Hyperlink is established shall only contain what is strictly necessary to identify the objective of the Hyperlink. The Web page where the Hyperlink is established shall contain no information or content that is illicit, contrary to morals and generally accepted good practice and public order, nor shall it contain content contrary to any third-party rights. Page Availability Santander does not guarantee that there will be no interruption or errors when accessing the Page or its Content, nor that it is updated, but it shall endeavour to prevent, correct or update them as applicable. Therefore, Santander accepts no liability for any damages or loss of any kind caused to the User as a result of faults or disconnections in the telecommunications networks resulting in the suspension, cancellation or interruption of the service of the Portal as it is being provided or prior thereto. Except where provided for in current legislation, Santander declines any liability for any damage and loss which may be due to the lack of availability, continuity or quality of operation of the Page and the Contents, non-fulfilment of expectations of utility users may have attributed to the Page and the Contents. The function of the Hyperlinks appearing on the Website is exclusively to inform users of the existence of other Websites containing information on the matter. These Hyperlinks do not constitute a suggestion or recommendation of any kind.

4 Santander accepts no responsibility for the content of the linked pages, the functioning or utility of the Hyperlinks nor the result of these links, nor does it guarantee the absence of viruses or other elements therein which may result in alterations to the computer system (hardware and software), the user's documents or files, and declines any liability for damages of any kind caused by this reason to the user. Access to the Page does not imply any obligation on the part of Santander to control the absence of viruses, worms, or any other harmful IT element. The User is responsible in all cases for the availability of the appropriate tools to detect and disinfect harmful computer programmes. Santander assumes no liability for security errors that may occur during the provision of the Page service or for possible damages to the user's computer system or that of third parties (hardware and software), files or documents stored thereon due to the presence of viruses in the user's computer used to connect to the Website services and content, of a browser malfunction or the use of outdated versions thereof. Page Quality Because of the dynamic and changing environment of the information and the services provided by the Page, Santander shall make its best efforts, but does not guarantee the complete veracity, accuracy, reliability and utility of the Content and/or that it is up to date. The information contained in the pages making up this Portal are purely for purposes of information, consultation, communication and publicity. In no circumstances do they offer or have a binding or contractual nature. Limitation of liability Santander assumes no liability for the decisions the User may take based on this information or for possible typographical errors in the Page's documents and graphics. The information is subject to, periodic changes to content, without prior notice, for enlargement, improvement, correction or the updating of Contents. Notifications All notifications and communications from Santander to the User by any means are considered effective for all purposes. Content Availability Provision of the Page service and the Contents is, in principle, for an indefinite duration. Santander, however, is authorised to terminate or suspend provision of the Page service and/or of any of the Contents at any time. When reasonably possible, Santander shall give prior notice of the termination or suspension of the Page. Jurisdiction For any matters rising in relation to the interpretation, application and compliance with this Legal Disclaimer and any claims arising from its use, all the parties hereby submit to the Courts of Madrid and expressly waive any other jurisdiction that may be applicable to them. Applicable legislation

5 This Legal Disclaimer is governed by Spanish Law. All rights reserved under international intellectual property laws and treaties. Any copying, reproduction or dissemination, either partial or total, is expressly prohibited.