Terms and Conditions of Use of the Website

1. Legal terms and conditions

1.1. Legal notice

 

In accordance with the provisions of Act 34/2002, of July 11, on Information Society Services and Electronic Commerce, the following information related to this website is provided.

This document regulates the use of the website (hereinafter, indistinctly “website” or “web portal”) to which you (hereinafter, the “USER”) have just accessed and that the International Centre for Ageing Research (hereinafter, “ICAR”), a Foundation of the Valencian Autonomous Community, makes available to Internet users.

These Website Terms and Conditions of Use are supplemented by i) the General Terms and Conditions of Procurement of Services; ii) Privacy and Personal Data Protection Policy; and the iii) Cookie Policy.

1.2. Details of the person in charge of the website

 

Company name: International Centre for Ageing
Research, a Foundation of the Valencian Autonomous Community.
Registered address: C/ Severo Ochoa, 30 03203 Elche (Alicante)
Tax ID: G-67890228
Telephone: +34 965050445
Fax:
Email: info@icarfundacion.com
Registered in the Register of Foundations of State Competence under registration number 248A
Website domain name: icarfundacion.com

1.3. Purpose

 

Through the website, ICAR provides USERS with access to diverse contents, services, information and data (hereinafter, the “Contents”) made available to the USER by ICAR or by third party service and content providers. The website service provision is limited to the time at which the USER is connected to the website or to any of the services provided through it. ICAR reserves the right to modify at any time the presentation, setup and location of the website, as well as the “Contents” and the terms and conditions required to use them.

Within the Contents, ICAR may provide health information. In such a case, the USER is aware that any Contents of a sanitary and/or health nature hosted on the website are solely for guidance and information purposes and UNDER NO CIRCUMSTANCES do they constitute a diagnosis, treatment or medical prescription service. The USER is warned and informed that the Contents of the website cannot, under any circumstances, be a substitute for an in-person, personal consultation by the USER with a duly qualified health professional.

1.4. Acceptance

 

The use of the website confers the condition of USER and implies full and unreserved acceptance of each and every one of the provisions included in these Terms and Conditions of Use of the website, in the Privacy and Personal Data Protection Policy, in the Cookie Policy and in the General Terms and Conditions of Procurement (the latter exclusively for those who procure services directly through the web portal) in force at the time the USER accesses it. Therefore, if the USER does not agree with any of the terms and conditions set forth herein, he/she should not use and/or access this website. ICAR reserves the right to amend them at any time.

Accordingly, the USER must carefully and thoroughly read this document in its entirety each time he/she intends to use or make use of the website, as it may be subject to modifications.

Similarly, ICAR reserves the right to suspend, interrupt or stop operating the website at any time.

All natural or legal persons resident or domiciled in other countries of the European Union or outside the European Union must ensure that they are permitted to access and use the website and/or its Contents pursuant to their own national legislation. In any case, any access and use of the website by a USER who does not comply with the requirement of residence in Spain will be understood to be carried out under his/her exclusive responsibility, exonerating ICAR from any responsibility to the extent permitted by the applicable legislation.

2. General and specific terms and conditions for access and use of the website

2.1. Access and use of the website

 

The USER acknowledges and accepts that his/her access to and use of the website and/or the Contents included therein is carried out freely and consciously, and under his/her exclusive responsibility. The USER is aware that in order to access the website he/she must have access to the Internet, either directly or indirectly, using the appropriate devices for access. In order to correctly access, view and implement certain Contents and services of the website, the USER may need to download certain software, complements, plugins or other applications onto their computer equipment. An installation of this kind will be the responsibility of the USER, and ICAR declines any responsibility that may derive from it.

Access to the website and/or the Contents included therein does not imply any kind of guarantee as to the suitability of the web portal and/or the Contents included therein for the particular or specific purposes of the USERS. ICAR may lay down additional limitations and/or terms and conditions for the use and/or access to the website and/or the Contents, which must be observed by the USERS in any case.

All information provided by the USER must be truthful. For these purposes, the USER guarantees the authenticity of all data disclosed as a result of filling in the forms necessary for subscription to the Services, access to Contents or restricted areas of the web portal. Similarly, the USER will be liable for keeping all the information provided to ICAR permanently updated so that it corresponds, at all times, to the USER’s real situation. In any case, the USER will be solely liable for any false or inaccurate statements made and for any damage that may be caused to ICAR or to third parties as a result of the information provided.

In general, in order to use the Services and/or access the Contents, minors must obtain prior authorisation from their parents, guardians or legal representatives, who will be liable for all acts carried out by the minors in their care. Given that the Internet makes it possible to access Contents that may not be appropriate for minors, USERS are informed that there are mechanisms, specifically computer filtering and blocking programmes, which make it possible to limit the Contents available and, although they are not infallible, are particularly useful for controlling and restricting the materials that minors can access.

2.1.1. Authorised use of the web portal and contents

 

The Contents that the USER will be able to see are specifically intended for persons or entities that are interested in receiving information or procuring the services that ICAR offers. The USER undertakes to use the website, as well as the Contents and services, appropriately and lawfully, in accordance with i) the legislation applicable at all times; ii) these Terms and Conditions of Use of the website; iii) generally accepted morality and decency; and (iv) public order. The USER must refrain from:

Using the website and/or the Contents in an unauthorised or fraudulent manner, for illicit purposes or effects, prohibited in these Terms and Conditions of Use, harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload, deteriorate or impede the normal use of the Services, computer equipment or documents, files and all types of content stored on any computer equipment.

Accessing or attempting to access resources or restricted areas of the website, without complying with the terms and conditions required for such access.

Causing damage to the physical or logical systems of ICAR, its suppliers or third parties.
Introducing or spreading computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of ICAR, its suppliers or third parties.

Attempting to access, use and/or manipulate the data of ICAR, third party suppliers and other USERS.

Transforming or modifying the Contents, unless authorised to do so by the owner of the corresponding rights or unless it is legally permitted.

Deleting, hiding or manipulating the information on intellectual or industrial property rights and other data identifying the rights of ICAR or third parties incorporated in the Contents, together with the technical protection devices or any other information mechanisms that may be inserted in the Contents.

Obtaining and attempting to obtain the Contents by using means or procedures other than those which, where applicable, have been made available for this purpose or which have been expressly indicated on the web pages where the Contents are located or, in general, those which are normally used on the Internet because they do not entail a risk of damaging or rendering the website and/or the Contents unusable.

Conducting penetration and vulnerability tests on the entire icarfundacion.com domain and on the ownership of its IPs, unless express permission has been granted by ICAR.

In particular, and solely for information purposes, the USER undertakes not to transmit, disclose or make available to third parties information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:

  • a) In any way runs counter to, undermines or infringes fundamental rights and civil liberties as recognised in the Constitution, international treaties and other legislation.
  • b) Induces, incites or encourages criminal, denigratory, defamatory, slanderous or violent actions or, in general, actions that are contrary to the law, generally accepted morals and good customs or public order.
  • c) Induces, incites or encourages discriminatory actions, attitudes or thoughts on grounds of sex, race, religion, belief, age or status.
  • d) Incorporates, makes available or permits access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, generally accepted morals and good customs or public order.
  • e) Induces or is likely to induce an unacceptable state of anxiety or fear.
  • f) Induces or incites engagement in practices that are dangerous, risky or harmful to health and mental stability.

2.2. Specific Terms and Conditions for the restricted-access area (REGISTERED USER)

 

In order to access the website’s restricted-access area, the USER must register under the terms laid out in the web portal, and for these purposes will be considered a REGISTERED USER. After having registered, the REGISTERED USER will be able to access this service of the website through his/her registered username and password.

2.2.1. Operation of the restricted-access area

 

Once the USER is in the restricted-access area, he/she will have access to a Menu with the following options:

2.2.2. Obligations of the REGISTERED USER

 

The REGISTERED USER will be subject to each and every one of the obligations specified for the USER in the General Terms and Conditions. In turn, and given the USER’s interest in accessing the service, he/she is required to guarantee the veracity of all the data he/she has provided. Additionally, the REGISTERED USER will be liable for keeping such data completely up to date at all times. In any case, the REGISTERED USER will be solely liable for any false or inaccurate statements made and for any damage caused to third parties as a result of such a breach.

The REGISTERED USER must diligently and appropriately safeguard his/her email address and password, preventing unauthorised third parties from accessing them and, therefore, ensuring their confidentiality.

El USUARIO REGISTRADO deberá custodiar de forma diligente y adecuada su email y contraseña de acceso, impidiendo el acceso a terceras personas no autorizadas y, por tanto, asegurando su confidencialidad.

2.2.3. Voluntary withdrawal

 

Any REGISTERED USER may, at any time, request his/her removal from the restricted-access area of the website through the mechanism contained in the web portal for such requests.

The withdrawal will be completed immediately, unless there is any impediment that prevents the automatic processing of the withdrawal. In the event of such an impediment, ICAR will inform the REGISTERED USER in a reliable manner in order to resolve the situation. Once this impediment has been resolved, the withdrawal will be processed effectively.

2.3. Intellectual and industrial property rights

 

The USER acknowledges and accepts that all industrial and intellectual property rights over the Contents and/or any other elements inserted in the website (including, but not limited to, trademarks, logos, commercial names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, “look-and-feel”, audio and video) belong to ICAR and/or third parties.

Under no circumstances does access to the website imply any kind of waiver, transmission, licence or total or partial transfer of these rights, unless expressly stated otherwise. These Terms and Conditions of Use of the website do not grant USERS any other right of use, alteration, exploitation, reproduction, distribution or public communication of the website and/or its Contents other than those expressly provided for herein.

Any other use or exploitation of any other rights will be subject to the prior and express authorisation specifically granted for this purpose by ICAR or the third party holder of the rights in question.

ICAR authorises the USERS to use, view, print, download and store the Contents and/or the elements inserted onto the website exclusively for their personal, private and non-profit use, provided that in all cases the source and/or author of the Contents is stated and that, where applicable, the copyright symbol and/or property notes of the owners appear. It is strictly prohibited the use of such elements, nor to reproduce, disclose and/or distribute them for commercial or lucrative purposes, nor to modify, alter or decompile them. For any use other than those expressly permitted, the prior written consent of the owner of the rights in question must be obtained.

2.3. Guarantee and liability disclaimer

 

2.3.1. For the operation of the web portal

 

Access to the web portal requires services and supplies from third parties, including transport via telecommunications networks for which ICAR is not liable for their reliability, quality, continuity and operation. Therefore, ICAR does not guarantee the availability and continuity of the operation of the website or other non-ICAR websites to which a link has been set up.

Similarly, ICAR will in no event be liable for any damages or losses that may arise from:

The lack of availability or accessibility of the website or other sites to which a link has been set up.
Interruption in the operation of the website or computer malfunctions, breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in the lines, in the Internet system or in other electronic systems that occur in the course of its operation.
The lack of suitability of the website for the specific needs of USERS.
Other damage that may be caused by third parties by means of unauthorised interference beyond the control of ICAR.

With the aim of reducing the risk of introducing viruses on the website, ICAR uses virus detection software to check all the Contents introduced on the website. However, ICAR does not guarantee the absence of viruses or other elements on the website introduced by third parties that are not related to ICAR and that may cause alterations in the USER’s physical or logical systems or in the electronic documents and files stored in their systems. In consequence, ICAR will in no case be liable for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations in the USERS’ physical or logical systems, electronic documents or files.

ICAR takes various protective measures in order to protect the website and the Contents against computer attacks by third parties. However, ICAR does not guarantee that unauthorised third parties cannot gain access to the type of use of the website made by the USER or the conditions, characteristics and circumstances under which such use is made. Accordingly, ICAR will in no case be liable for any damages that may arise from such unauthorised access.

2.3.2. For the use of the services and Contents of the web portal by the USER

 

ICAR will not be liable in any case for the way the USER and/or third parties may use the website or the Contents, nor for the damages that may derive from it. ICAR is under no obligation to control and does not control the way the USER uses the website and its services. In particular, ICAR does not guarantee that the USER will use the website, the services and the Contents pursuant to these Terms and Conditions of Use of the website, nor that they will do so in a diligent and prudent manner. ICAR is under no obligation to verify, and does not verify, the identity of a USER who has not previously registered under the terms and conditions of Section 2.2. ICAR will not be liable for any damages of any kind that may arise from the use of the services and Contents by the USER or that may arise from the lack of veracity, validity, completeness and/or authenticity of the information that the USER provides about themselves and, in particular, although not exclusively, for damages of any kind that may arise from the impersonation of a third party by a USER in any kind of communication made through this web portal.

2.3.3. For the Contents of third parties

 

ICAR does not edit the Contents of third parties published on the website and, as a consequence, does not guarantee and is not liable for the legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of such Contents. ICAR will in no event be liable for any damages or losses that may arise from:

The lack of legality, reliability, usefulness, truthfulness, accuracy, completeness, and/or timeliness of the Contents created by third parties.
The unsuitability for any purpose and the non-fulfilment of the expectations generated by the Contents.
Decisions or actions taken or avoided by the USER while relying on the information or data facilitated or provided in the Contents, including, but not limited to, loss of profits or business opportunities.

2.3.4. With regard to “links”

 

The website provides the USER with technical linking devices, directories and search tools that give the USER access to pages and/or websites belonging to and/or managed by third parties. In such cases, ICAR acts as a provider of intermediary services pursuant to Article 17 of Act 34/2002, of 12 July, on Information Society Services and Electronic Commerce.

Therefore, ICAR will solely be liable for the Contents and services provided in the links to the extent that it has effective knowledge of the unlawfulness of the activity or information to which they refer or recommend and has not deactivated the link with due diligence. In the event that the USER deems that there is a link with illegal or inappropriate Contents, he/she may notify ICAR in accordance with the procedure laid down in Section 1.1, without this notification entailing in any case the automatic obligation to remove the corresponding link. ICAR does not warrant or assume any liability for damages of any kind that may be due to:

a) The operation, availability, accessibility or continuity of the linked websites.
b) The maintenance of the information, Contents and services existing on the websites that are linked by any means.
c) The provision or transmission of information, Contents and services existing on the linked websites.
d) The quality, legality, reliability and usefulness of the information, Contents and services existing on the linked websites, on the same terms and with the same scope provided for the Contents and services provided by third parties through the web portal.
If it deems appropriate or is required to do so by court or administrative order, ICAR will remove links to websites that violate applicable law and/or infringe the rights of third parties.

2.4. Prohibition of unsolicited communications

 

ICAR undertakes not to:

Collect USER data for advertising purposes and to send advertising of any kind and communications for sales or other commercial purposes without making a prior request or receiving express consent from the USER.
Send any other unsolicited and unconsented messages to a number of persons.
Send unsolicited and unconsented chain emails.
Use distribution lists that can be accessed through the Services.
Make data collected from distribution lists available to third parties for any purpose.
However, it is hereby understood that the USER who registers as a customer of ICAR or who registers on the ICAR mailing list, expressly accepts the possibility of receiving a monthly newsletter prepared by ICAR along with any other communication that ICAR deems appropriate.

2.5. Actions in the event of a breach

 

ICAR reserves the right to take any action available under the law to enforce any liability arising from a breach of any of the provisions of these Terms and Conditions of Use of the website.

ICAR may withdraw or suspend at any time and without prior notice the provision of the Services to any USER who breaches the provisions of these Terms and Conditions of Use of the website.

2.6. Partial invalidity

 

The declaration of any of these General Terms and Conditions as void, invalid or ineffective will not affect the validity or effectiveness of the remaining terms and conditions, which will continue to be binding on the parties. The waiver at any time by either party of any of the General Terms and Conditions as set forth herein will not imply a general waiver of any other term or terms, nor will it create a vested right for the other party.

2.7. Applicable law and jurisdiction

 

This website is operated and controlled by ICAR. In consequence, all questions that may arise from access to and/or use of this website will be understood to be regulated and interpreted pursuant to Spanish legislation. In particular, the provision of the website service and these Terms and Conditions of Use of the web portal are governed by Spanish Law, and specifically, by Act 34/2002, of 11 July, on Information Society Services and Electronic Commerce.

Insofar as permitted by law, the parties, expressly waiving any other jurisdiction that may correspond to them, agree to submit to the jurisdiction of the Courts of Alicante.