1. Introduction and company data
This document constitutes the Disclaimer and Terms and Conditions of Use which regulate access, navigation and use of this website, owned by AETHER CONSULTING, S.L. (hereinafter referred to as “AETHER”).
2. General terms and conditions of use
The use of the services accessed through this website subject to these General Conditions.
3. General Terms & Conditions and acceptance thereof
These General Terms & Conditions (hereinafter referred to as “General Conditions”) regulate access to and use of the website www.aetherconsulting.net (hereinafter referred to as the “Website”), including all content therein understood to mean texts, graphics, artwork, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, in addition to whatsoever creation protected by Spanish law and international agreements regarding intellectual and industrial property, (hereinafter referred to as, “Content”)and services (hereinafter referred to as,”Services”) that AETHER makes available to website users.
The term “User” and “Users” shall be attributed to anyone who accesses Content and/or uses the Services (hereinafter referred to as, “User”) and means that you agree to be bound by the General Terms & Conditions as per the latest version published by AETHER on the Website at such time as the User accesses them, therefore, if you do not agree to the content thereof, you should abstain from accessing and/or using the Services and/or Content offered and available from the Website.
These General Terms & Conditions are understood to be non-exclusive regarding the possibility of certain Services, Content and/or tools available through the Website being subject to specific conditions and terms, in which case, these shall be made available and explained to the User.
4. Subject matter
These General Terms & Conditions regulate access to Content and the entire range of Services offered by AETHER by way of its Website,through which a range of Content and information of varying forms is made available to Users, generally referring to products and services marketed by AETHER, or companies from within the corporate group to which it belongs. However, AETHER reserves the right to modify the presentation, configuration and content of the Website and Services, in addition to the terms and conditions required for access to or use of same. Access and use of Content and Services once modifications or changes thereto have come into effect implies that you are in agreement and accept these new terms or conditions.
5. Conditions governing access to and use of Services
Access to Content and use of the Services provided by this website is free to all Users.
If you are a minor and wish to make use or avail of the Services contained herein, you must first obtain the permission of your parents, guardians or legal representatives, who shall be deemed responsible for all actions carried out by the minors in their care.
The parents or legal guardian of minors are the sole person responsible for determining which specific Contentor Services said minors may access. Given that the Internet allows access to Content that may be deemed unsuitable for children, we take this opportunity to point out to Users that there are many mechanisms available, particularly software offering parental controls and filters designed to limit access to certain content, and even though these are by no means infallible, they do however prove of great use in controlling and restricting content which may be available to minors.
5.3. Obligation to make proper and correct use of the Website and Services
By accepting these Terms and Conditions, Users agree to use the Website and Services and to access Content,in accordance with the law, this Disclaimer, the Specific Conditions of certain Services and all other notices, regulations of use and instructions brought to their knowledge.
To this end, the User agrees to refrain from making use of any Services for illegal purposes or for illegal ends, forbidden pursuant to this Disclaimer, or detrimental to the rights and interest of any third party, or which in any way may damage, render inoperative, overload, deteriorate or limit the functionality and normal use of the Services, IT equipment or documents, files and all Content stored on any computer equipment (hacking) belonging to AETHER, other Users or any other Internet User (hardware and software).
In particular, and including but not limited to, Users agree not to transmit, diffuse or make available to third parties any information, data, Content, messages, graphics, drawings, audio and/or video files, photographs, recordings, software and, in general, any material which:
(a) may in any way infringe upon, violate or adversely affect any constitutionally recognized fundamental rights and public freedoms, those stipulated under international treaties or by other legislation;
(b) instigate, incite or promote criminal acts, or derogatory,defamatory, slanderous, or violent acts, or in general any illegal acts or those deemed to be in violation of generally accepted principles of morality or public order;
(c) instigate, incite or promote attitudes, acts and beliefs that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability;
(d) include, make available or facilitate access to criminal, violent, offensive, damaging, degrading, or in general any products, elements, messages and/or Services, deemed to be in violation of generally accepted principles of morality or public order;
(e) induce or which might induce an unacceptable state of fear or anxiety;
(f) induce or incite involvement in behaviour that may be deemed as dangerous, risky or harmful to health and psychological well-being;
(g) is false, ambiguous, misleading, exaggerated or unsuitable in such a way as to induce or which might be misleading concerning the reasons for or intentions or purposes of the communicating party;
(h) is protected by intellectual or industrial property rights belonging to any third party, and which the User has not requested prior authorization from its owners in order to make use of, or the intention to make use of the material;
(i) disclose third party business or trade secrets;
(j) infringe on personal honour, personal/family intimacy or personal image rights;
(k) in any way undermine the good name of AETHER or of third parties;
(l) infringe the rules governing secrecy of communications;
(m) and, if applicable constitute unlawful, misleading or unfair advertising and, in general, that which may constitute unfair competition;
(n) include any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the AETHER Website, computer software, hardware or telecommunications equipment belonging to AETHER or third parties which might damage electronic documents and files stored on the aforementioned computer hardware;
(o) due to their features (such as format, size, etc.) might limit the normal functionality of the Service;
(p) contain HTML tags other than those expressly authorized by AETHER.
6. Liability disclaimer
The User agrees that when availing of Services or accessing Content by virtue thereof, you agree to be held liable for failing to comply with, and are bound by these General Terms and Conditions and the law concerning the use of Servicesand access to Content.
7. Disclaimer of warranty and liability
7.1.Disclaimer of warranty and liability for functioning of Website & Services
7.1.1.Availability and continuity, usability and fallibility
AETHER does not guarantee the availability and continuity of their Website and Services which are provided “as is” and “as available,” without warranty of any kind, either express or implied. Within reason and when possible, AETHER shall provide prior warning of interruptions in the operation of the Website. AETHER does not guarantee the usefulness of the Website & Services for the performance of any activity in particular, nor its infallibility, and in particular but not exclusively, that Users can effectively use the Website & Services, access the varying websites comprising the Website or those from which Services are made available.
To the extent permitted at law, AETHER does not accept any responsibility or liability for damages of any kind that may be due to the lack of availability or continued operation of the Website & Services, dissatisfaction resulting for usability that Users have attributed to the Website & Services, fallibility of the Website & Services, and in particular but not exclusively, any failure in accessing the different Website or those from which Services are made available.
7.2.Disclaimer of warranty and liability for Content
AETHER does not control or warrant that the Website or any of its Contents is virus free. We accept no responsibility or liability for any infection by virus or other contamination or by anything which has destructive properties or which can affect your hardware or software or electronic documents and files stored on your computer system.
To the extent permitted at law, AETHER does not accept any responsibility or liability for any infection by virus or other contamination or by anything in the Content which has destructive properties or which can affect the hardware or software or electronic documents and files stored on User’s computer systems.
7.2.2. Legality, reliability and utility
AETHER does not warrant the legality, reliability or utility of Content.
To the extent permitted at law, AETHER does not accept any responsibility or liability for damages of any kind incurred as a result of transmission, distribution, storage, provision, receipt, obtaining or access to Content, and in particular but not exclusively, for any damage that may occur due to:
(a) failure to comply with the law, morality and generally accepted principles of morality or public order as a result of the transmission, distribution, storage, provision, receipt, or obtaining access to Content;
(b) infringement of intellectual and industrial property rights, business secrets, contractual obligations of any kind, the rights to honour, personal and family privacy and image of persons, property rights and any other third party’ rights as a result of the transmission, distribution, storage, provision, receipt, or obtaining access to Content;
(c) engaging in acts of unfair competition and illegal advertising as a result of the transmission, distribution, storage, provision, receipt, or obtaining access to Content;
(d) the lack of veracity, completeness, relevance and/or up-to-the-minute accuracy of the Content;
(e) unsuitability for whatsoever purpose and not living up to expectation generated by Content;
(f) non-compliance or delay in compliance, defective performance or termination for any reason of the obligations assumed by third parties and contracts with third parties for, or in connection with, access to Content;
(g) whatsoever latent and patent defects and flaws in Content transmitted, distributed, stored, made available or otherwise transmitted or made available, received, obtained or have been accessed via the Website orServices.
7.2.3.Veracity, exhaustiveness and up-to-the-minute accuracy
AETHER does not warrant the veracity, exhaustiveness and up-to-the-minute accuracy of Content.
To the extent permitted at law, AETHER does not accept any responsibility damages of any kind incurred as a result of the lack of veracity, exhaustiveness and/or up-to-the-minute accuracy of Content.
7.3.Disclaimer of warranty and liability for information, Content&Servicesprovided by third parties and hosted outside the Website
The Website makes technical linking devices (links, banners, buttons, etc.), directories and search tools available for Users, thereby allowing them to access websites belonging to or managed by third parties, (hereinafter referred to as”Linked Sites”). The sole purpose of installing these links, directories and search tools is to assist the User in searching for and accessing information, Content & Services available on the Internet.
Search results are provided directly by third parties and are the result of the automated operation of technical mechanisms, as a result AETHER cannot control or supervise these results and, in particular, nor can it control or supervise the appearance of Internet sites whose content may be deemed to be in violation of generally accepted principles of morality or considered inappropriate for whatsoever reason. In the event that a User considers that any site included in search results contains illegal activity or information and is interested in requesting the removal of the link, the User may initiate proceedings by contacting AETHER via the address as stipulated in the Disclaimer.
AETHER does not offer or market the information, products or services available in the Linked Sites itself or by way of third parties, nor does it control, supervise, or provide prior approval of the products, services, contents, information, data or any other type of material appearing on these Linked Sites.
AETHER does not warrant or assume any responsibility for any damages of any kind which may be incurred as a result of:
(a) the performance, availability, accessibility and continuity of Linked Sites;
(b) the maintenance of information, content and services available from Linked Sites;
(c) the provision or transmission of information, content and services available from Linked Sites;
(d) the quality, legality, reliability and usefulness of information content and services available from Linked Sites under the same terms and to the same extent as per general provisions 9.2 and 9.3 with respect to content and services provided by third parties via the Website.
7.4.Disclaimer of warranty and liability for use made of Website, Services&Content by User AETHER has no obligation to monitor and does not control the manner in which Users make use of the Website, Services or Content. In particular, AETHER does not guarantee that users use the Website and/or Content in accordance with this Disclaimer and, where appropriate, with the Specific Conditions applicable, nor can it monitor or control that this use is carried out in a diligent and prudent manner. AETHER is under no obligation to check and verify the identity of users, veracity or up-to-the-minute accuracy, completeness and/or authenticity of the data which Users provide about themselves to other Users.
AETHER does not accept any responsibility or liability for damages of any kind incurred as a result of use of the Services and Content by Users or that may be due to the lack of veracity, up-to-the-minute accuracy, completeness and/or authenticity of the information Users provide to other Users about themselves and, in particular but not limited to, damages of any kind that may be due to identity theft of a third party by a User in any form of communication carried out via the Website.
8. Intellectual and industrial property rights
The Websiteand all elements comprising it, such as databases, IT applications, distinctive signs, logos, images, fragments of audiovisual material, graphic designs or whatsoever other element are subject to intellectual and industrial property rights over which AETHER exercises exclusive ownership or is the assignee with the extent required. These General Conditionsdo not imply the transfer or granting of any intellectual or industrial property right whatsoever to the User for the Website or any of the elements which constitute it. The User is therefore expressly forbidden to play, distribute, transform, communicate publicly, make available, extract, reuse, resend or operate by any means or procedurethe Website or any of the elements which constitute it, except where legally permitted or upon obtaining prior authorization from AETHER in writing.
The User may view and obtain a private temporary copy of Content available via the Web site for their exclusive personal and private use on their computer system, provided that this is not carried out for commercial or professional activities. Users agree to refrain from bypassing or endeavouring to bypass any technological measures adopted by AETHERin order to restrict activity which have not been authorized by AETHER or third party owners of rights to work or restricted access services that are accessible via the Website. Users are at all times required to respect all intellectual and industrial property rights to the Website, regardless of whether these are owned by AETHER or a third party.
9.1. Data protection
User access to the Website and participation in promotions and/or subscribing to the newsletter available via the Website means that Users are required to provide certain personal data. Generally, anyone using the Website does so without having to provide any personal information or data. Nevertheless, in some cases Users are required to provide certain personal data in order to access Services. AETHER ensures the confidentiality of personal data provided by Users, pursuant to the provisions of regulations concerning Personal Data Protection and regarding Services of the Information Society and Electronic Commerce.
In this respect,we wish to inform you that your data shall be included in an automated file property of AETHER CONSULTING, S.L, duly registered with the Spanish General Registry of Personal Data Protection Agency, in order to comply with your requests and applications as well as to send you commercial information by electronic means. By submitting your data, the User agrees to this data being included in the file in accordance with the aforementioned purposes.
Users hereby declare that all information provided by them is correct and true and they commit to notifying any changes therein to AETHER. Users are entitled to object to the processing of nay of their information.
Moreover, and in compliance with Spanish Law 34/2002 of Services of the Information Society and Electronic Commerce (LSSI as per the Spanish acronym), AETHER will only send Users information regarding offers or, with user consent, to market services to individual users by electronic means to your email address or via other similar electronic means of communication.
AETHER informs Users that you can unsubscribe from receiving this kind of material by following the instructions which appear at the bottom of every email we send or by contacting us by email to email@example.com
AETHER has adopted the legally required levels of security for personal information protection and has installed all the technical means and measures available to avoid the loss, improper use, alteration, unauthorized access and/or theft of the information provided, bearing in mind the state of technology, the nature of the data stored and the risks to which they are exposed, either from human action or the physical or natural environment. The foregoing is in accordance with the provisions of article 9 of the Personal Data Protection Law (LOPD as per the Spanish acronym)and Royal Decree for the LOPD. In this regard, it is important to highlight the fact that all employees of AETHER are required to protect the confidentiality of any information they process in the exercise of their professional duties and to make use of this information for the sole purpose as required in the performance of their duties. AETHER carries out ongoing monitoring, control and appraisal of processes in place to ensure compliance with data confidentiality.
9.3.Right of access, rectification, cancellation and opposition to data
The User may, at any time, exercise your right to the access, rectification, cancellation and opposition of your data included in the file by contacting AETHER, in its capacity as proprietor of the file.
The interested party is entitled to exercise his or her rights by including a photocopy of your National ID Card or Passport and with the following reference on your email: “Exercise of rights” (together with your written and signed application and with the accrediting National ID Card or Passport photocopy, to firstname.lastname@example.org
Cookies are only associated with an anonymous User and the computer and do not provide references that could enable gathering personal information from the User. Notwithstanding, the Website does not currently collect any type of cookie.
11. Governing law and jurisdiction
The relationship established between the User and AETHER shall be governed by Spanish law. Nevertheless, in cases where regulations stipulate the possibility of the parties’ submission to jurisdiction, the User and AETHER hereby agree that exclusive jurisdiction for any claim or dispute, or relating in any way to your use of the Website resides in the courts of the City of Barcelona.