Terms and conditions

 

  1. The Ufinet Portal.

1.1 By means of the UFINET Portal (hereinafter, the “Portal”), of the company UFINET TELECOM, S.A.U., (hereinafter, “UFINET”), accessible via the URL address www.ufinet.com, the visitors and users thereof (hereinafter, “Users” or the “User”) are provided with access to a wide range of products, services and content connected with the operation of telecommunications infrastructure and networks in accordance with the corporate purpose of the Company (hereinafter, the “Services”).

1.2 The identification details of the Portal controller are as indicated below:

UFINET TELECOM, S.A.U.

Calle Manuel Silvela, 13

28010 Madrid

Tax ID: A-61648069

Registered in the Companies Register of Madrid, Volume 28235, Page 69, Sheet M-508573.

 

  1. Conditions of Access and of the Portal.

2.1 These Terms and Conditions of Use (hereinafter, the “Conditions of Use“) govern access to the Portal services, and use thereof by the Users.

By accessing and using the Portal, Users will be understood to have declared their express, full and unreserved acceptance of the content of each and every one of these General Conditions, in the version published on the Portal when they access it. If the User does not agree with the content of these General Conditions, they should refrain from accessing the Portal and using it for any operations. The Portal reserves the right to modify these General Conditions, notifying users thereof by means of the corresponding alerts on the Portal, in order to inform Users of the contents thereof from the very start.

2.2 As a User, you declare that you are of legal age and/or enjoy sufficient legal and operational capacity to accept obligations resulting from these General Conditions. Users expressly, fully, unreservedly and without exception accept that access to and usage of the Portal, of its Services and its Content, take place subject to the User’s sole and exclusive liability.

 

  1. Content of the Portal.

3.1 The User of the Portal acknowledges, understands and accepts merely by visiting it, that the data and information about products or services, and any other data or information contained on the Portal appear thereon solely and exclusively information services, as preliminary information provided for consultation by Users, and that they may from time to time contain errors, inaccuracies, or may not be up to date.

3.2 UFINET reserves the right, at its own discretion and unilaterally, to modify the configuration of the Portal at any time and without prior notice, in addition to the content and extent of the Services. Likewise, the Company reserves the right to incorporate new Services and content on the Portal, and the right to eliminate, limit, suspend or prevent access to the Services, whether on a temporary or definitive basis, if the reasons set out in these General Conditions apply.

 

  1. Personal Data Protection

You can read our Privacy Policy here 

  1. Cookies

You can read our Cookies Policy here.

  1. General representations and warranties.

6.1 The Company gives a representation and warranty that the Portal has in place the necessary technology (software and hardware) in order at present to allow access to and usage of the Portal. However, UFINET does not accept any liability for the possible existence of viruses or other harmful elements introduced by any means or by any third party, which could cause alterations to the computer systems of the User, nor any harmful consequences thereof that might be suffered by the computer systems of the User.

The User fully accepts the above, and undertakes for his/her part to employ the utmost diligence and prudence when accessing and using the Services offered by the Portal. In particular, although not solely, Users should note the security recommendations displayed on the Portal.

6.2 The User accepts that the Portal has been created and developed in good faith by UFINET, with information drawn from internal and external sources, and is offered to Users in its current state, but may nonetheless contain errors, inaccuracies, significant omissions, imprecisions or errata. UFINET therefore does not under any circumstances guarantee the accuracy precision, currency or comprehensiveness of the content of the Portal. To this end, the User releases UFINET from any liability connected with the reliability, usefulness or false expectations that the Portal might elicit or generate in Users while browsing the Portal.

6.3 The User guarantees that any activities performed by him/her via the Portal will comply with the law, morality, generally accepted good practice and public decency, and will under no circumstances offend the good name and commercial image of the UFINET Group, with regard to other Users of the Portal, or third-party service providers. In particular, the User undertakes to make proper and diligent use of the Services, and to refrain from using them for unlawful purposes or effects, or any prohibited by these General Conditions, any that would infringe the rights and interests of third parties, or that could in any way harm, disable, overload or hamper said Services, the computer equipment of third parties or documents, files, or any form of content stored on the computer equipment thereof, or prevent the normal usage or enjoyment of the Services by third parties.

6.4 In particular, purely by way of example, without being confined thereto, the User undertakes not to make use of the Services in order to (i) usurp the identity of a third party; (ii) violate fundamental rights and public freedoms recognised in national regulations and international treaties or conventions, and in particular not to prejudice the reputation, personal privacy, image or ownership of assets and rights of third parties; (iii) incite or promote actions that would be criminal, insulting, defamatory, offensive, or, in general, contrary to the law, morality, generally accepted good practice or public decency; (iv) induce or promote actions or ideas that are discriminatory on the basis of race, gender, ideology, religion or beliefs; (v) incorporate, make available or allow access to products, elements, messages and/or services that are criminal, violent, pornographic, offensive, or in general contrary to the law, morality or public decency; (vi) violate the intellectual or industrial property rights held by third parties; (vii) violate regulations regarding the secrecy of communications, advertising regulations and/or unfair competition regulations; (viii) transmit via the Portal, in bad faith or in a culpable manner, any email, programs or data (including viruses and malware) that would or could cause damage or harm to any extent to the computer systems of the Company or of other Users or of third parties, or fake the origin of email or any other material contained in a file sent via the Portal; (ix) use the information contained on the Portal for the purposes of direct selling or any other type of purpose; and (x) send unsolicited messages addressed to a more or less extensive range of people, irrespective of the purpose thereof.

 

  1. Limitation of liability in general.

7.1 UFINET does not make any representations or offer any warranties of any kind, whether explicit or implicit, as regards the functioning of the Portal or the information, content, software, materials or products included therein, to the extent permitted by the applicable legislation. The Company is likewise released from providing any warranties, whether explicit or implicit, including, among others, implicit warranties as to fitness for a particular purpose. The Company will not be liable for any damages or harm of any kind that might result from the use of this Portal, including direct and indirect damages.

7.2 UFINET declines all liability for any damages or harm, whether direct or indirect, that could result from an interruption of the Service on the part of the Portal, or the continuity thereof. The Company likewise accepts no liability for any possible errors or defects in security that could occur as a result of usage by the User of a browser version that is not updated or secure, or the activation of devices to retain identification codes or passwords of the User saved in the browser, or any damages, errors or inaccuracies that might result from the malfunctioning thereof.

7.3 UFINET declines all liability based on the lawfulness, content and quality of products and services offered and/or marketed by third parties via the Portal.

7.4 UFINET does not offer any warranties of any kind, whether expressly or implicitly, as regards the information transmitted, distributed, published or stored on the Portal, nor any usage that Users, their employees or third parties might make thereof. UFINET likewise declines all liability as regards the incapacitation of any User or usurpation of the identity of a third party performed by a User.

7.5 In the event of any liability that might attach to UFINET, it will bear liability only for damages and losses effectively and directly caused by it, without in any case including compensation for loss of earnings.

7.6 Users will be liable for any damages and losses of any kind that UFINET might suffer as a direct or indirect consequence of the breach of the Terms and Conditions of Use by the User.

 

  1. Hypertext links to the Portal.

8.1 Users or owners of other websites wishing to create a hypertext link (hereinafter, a “link”) to the Portal must ensure and give an undertaking to comply with the rules of the Company regarding Internet links. These rules comprise the following: (i) not to establish links to pages or sub-pages other than the home page of the Portal; (ii) not to establish links that would allow the pages of the home page of the Portal to be reproduced in whole or in part; (iii) not to include alongside the link any false, imprecise, or incorrect statements that could induce error or confusion, or that in general would be in breach of the law, morality or good practice; (iv) not to include any trade mark or sign open to protection, other than the URL address of the Portal; and (v) not to establish links to pages containing content, declarations or propaganda that is racist, xenophobic, pornographic, supportive of terrorism or in violation of human rights, and in general, any that could in any way harm the good trading name or image of the Company or of its clients. In no case does the inclusion of links to the Portal by other websites mean that the Company has any connection or association of any kind with the owner of the website where the link is established, much less that the Company promotes, endorses, guarantees or recommends the content of said portals or websites.

 

8.2 For its part, the Portal may contain links to other portals or websites not managed by the Company. UFINET declines all liability for any information contained on said Portals or websites that might be accessed via links or search engines on the webpages of UFINET. The presence of links on webpages is intended for information purposes. UFINET therefore accepts no liability and offers no warranty of any kind, either expressly or implicitly, as regards: (i) the saleability, suitability, quality, quantity, characteristics, provenance or origin, marketing or any other aspect of the products or services offered and marketed by the Portal; (ii) direct, indirect or any other type of damages and losses that might be caused by the products or services offered, marketed, acquired, sold or provided by the Portal; (iii) the prices offered or agreed by Users with the offering entities; (iv) any transactions or operations performed between them; (v) the successful completion thereof; (vi) any terms and conditions that might be agreed between them in their dealings and conditions of use, or any modifications, fulfilment and performance, invoicing, form and means of payment and resolution; (vii) the guaranteeing of the delivery of products or provision of services; (viii) any information that might be exchanged; (ix) the content and use of personal or other information that said entities might require of the User in order to capture and conduct operations; (x) the content and use of any personal information that the Company might transmit to said entities for the sole and exclusive purpose of fulfilling the business relationship instigated or created; (xi) or any advertising that Users might make use of, or any use that the Users might make of the distinctive signs of a third party or of its own.

8.3 All content of the Portal (including, without being confined to, databases, images and photographs, patents, utility and industrial models, drawings, graphics, text files, audio, video and software) are the property at UFINET, or of the content providers, being in the latter case subject to a licence or transfer thereby, and are protected by national or international intellectual and industrial property regulations. The compilation (to be understood as the compiling, design, ordering and assembly) of all content on the Portal is the exclusive property of UFINET, and is protected by national and international industrial and intellectual property regulations.

8.4 All software used in the design of the screens, browsing and use and development of the Portal is the property of the Company or of its software providers, and is protected by national and international industrial and intellectual property laws.

8.5 The trademarks, banners, distinctive signs or logos of UFINET that appear on the Portal are its own property, and are duly registered or in the process of registration. The names of other products, Services and companies that appear on this document or on the Portal may be trademarks or other distinctive signs registered by their respective, legitimate owners.

8.6 All texts, graphical drawings, videos or audio storage media are the property of UFINET, or of its content provider, and may not be subjected to subsequent modification, copying, alteration, transformation, reproduction, adaptation or translation by the User or by third parties, without express authorisation from the owners of said content.

8.7 The availability offered to Users for their use with regard to databases, drawings, graphics, images and photographs, text files, audio, video and software owned by the Company or its suppliers and included on the Portal does not under any circumstances constitute an assignment of ownership or the granting of exploitation rights in favour of the user, other than the right of use entailed by legitimate usage in accordance with the nature of the Portal.

8.8 Any use of the content of the Portal, of the Services, and in general any of the rights referred to in the above paragraphs is strictly forbidden if performed without the authorisation of UFINET, including exploitation, reproduction, dissemination, transformation, distribution, transmission or by any other means, subsequent publication, exhibition, public communication or total or partial representation, which, if they were to occur, would constitute a violation of the intellectual property rights of UFINET, penalised by the legislation in force.

 

  1. User-generated content.

The website may allow Users to contribute information or materials of various kinds, regarding which the User will be the owner of all rights that might apply thereto, notwithstanding the licence granted to UFINET, on a worldwide basis, free of charge, non-exclusive, perpetual, irrevocable, transferable, without additional consideration for the User or third parties in order to:

  • Reproduce, distribute, transmit, represent, exhibit and communicate or make available to the public the work resulting from the sending.
  • Exercise all trademark rights, advertising and any other intellectual property rights connected with the material sent by the User.
  • Use the name of the User, photograph, portrait, image, voice or biographical information provided by the User for the sending of communications of interest for the contractual relationship existing between the User and UFINET.

Should the User not wish to assign said rights, he/she must refrain from sending any materials or content to the Company or to the website.

  1. Force majeure.

For the purposes of these General Conditions, force majeure shall be understood to include, by way of example, without being confined to: (i) any non-culpable event that is impossible to predict, or that even if predicted or predictable, would be inevitable; (ii) failures in access to the different webpages; (iii) failures in provision of the electrical or telephone network; (iv) harm caused by third parties or attacks on the Portal server (viruses) affecting the quality of the Services and not attributable to the Company or to the User; (v) failures in transmission, dissemination, storage or making available to third parties of the databases and other content of the Portal; and (vi) problems or errors in receiving, obtaining or accessing the Portal or the Services on the part of said third parties.

 

  1. Suspension of access to the Portal and to the Services.

11.1     UFINET will make every effort to keep the Portal continuously available. Nonetheless, any form of test operation, control and maintenance will be freely chosen and performed by UFINET at any time, whatever the procedures or resources employed for the execution thereof. UFINET will ensure, wherever this would be reasonably possible, that it notifies Users by means of an announcement on the Portal of the execution of any maintenance operation or any other activity that could affect the Portal.

11.2 UFINET reserves absolute freedom to modify the capacities of transmission, monitoring or other resources or technical Services used to access or use the Portal.

11.3 UFINET may temporarily or definitively suspend the Services, without this giving rise to any type of compensation in favour of the User, should any of the following circumstances arise: (i) where necessary in order to perform maintenance tasks, (ii) where necessary to preserve the integrity and security of the Services provided, the equipment, the systems or the networks of the Company or of third parties, wherever they would or could affect the services of the Company, (iii) where so justified for internal or third-party operational reasons affecting the provision of the Services of the Company; (iv) where there are grounds of force majeure, UFINET will ensure that it keeps the User informed of the suspension and of the reasons for this, wherever possible.

 

  1. Termination.

12.1 Either of the Parties may terminate these General Conditions in the event of a breach of any of the obligations established in these General Conditions, provided that said breach is not rectified within a period of thirty (30) days of written notice of the breach, unless, because of its seriousness, it would not be rectifiable;

12.2 UFINET may also terminate the Terms and Conditions of Use without the need for any prior notice served on the User if: (i) it learns of execution by the User of any unlawful activity via the Services; (ii) the User has breached any of his/her essential obligations in accordance with these General Conditions, and in particular in the event of improper use of the access code; and in the event of a violation or challenge of the intellectual and industrial property rights of the Portal, all the above notwithstanding any legal action that it might be entitled to bring in the defence of its interests.

 

  1. Clauses declared null and void.

Should any Clause of the General Conditions be declared wholly or partly null or void, said null or void status shall affect only the provision in question or the part thereof deemed null or void, all other particulars of the General Conditions remaining in place and the provision or part thereof in question assumed not to have been included, unless, because it was essential to these General Conditions, it would have a comprehensive effect on them.

 

  1. Law applicable to the contract and jurisdiction

14.1 These General Conditions shall be interpreted and governed in accordance with Spanish law.

14.2 For any issue of litigation derived from the existence, usage or content of the Terms and Conditions of Use, the competent courts shall be those for the domicile of the User in Spain.

 

  1. Terms and conditions of use for specific compliance in the Republic of Colombia.

In accordance with the provisions of Act 679 of 2001, Decree 1524 2002, Decree 67 of 2003, and Act 1336 of 2009, all persons must prevent, block, combat and report the exploitation, hosting, use, publication distribution of images, texts, documents, audiovisual files, improper use of global information networks, or the establishment of remote electronic links of any kind connected with pornographic material or any relating to sexual activities of legal minors, since this could give rise to criminal liability.

For further information, visithttps://mintic.gov.co

If you find any content or activity online considered to be child pornography, you can report it:

CENTRAL JUDICIAL POLICE DIRECTORATE – DIJIN

INFORMATION TECHNOLOGY OFFENCE INVESTIGATION GROUP

Carrera 77A # 45 – 61 Barrio Modelia

PBX phone numbers: 426 6900 Ext. 6301-6302

Direct: 4266300

Email address: adcinfo@adijin.policia.gov.co

 

General National Public Prosecutor

Telephone: 01800 09 12280

Website: www.fiscalía.gov.co

e-mail: contacto@fiscalia.gov.co

 

Colombian Family Welfare Institute:

Bogotá telephone numbers: 01-8000-91-8080-6605520-6605530-6605540

Operational hours from 7am to 9am Monday to Sunday

Website: www.bienestarfamiliar.gov.co

 

Ministry of Information Technologies Communications

UFINET is a participant in the Child Protection Campaign of the Republic of Colombia.

REPUBLIC OF COLOMBIA

In accordance with the provisions of Act 679 of 2001, Decree 1524 2002, Decree 67 of 2003, and Act 1336 of 2009, all persons must prevent, block, combat and report the exploitation, hosting, use, publication distribution of images, texts, documents, audiovisual files, improper use of global information networks, or the establishment of remote electronic links of any kind connected with pornographic material or any relating to sexual activities of legal minors, since this could give rise to criminal liability.

For further information, visithttps://mintic.gov.co

 

Te Protejo

Te Protejo aims to provide a virtual whistleblowing channel to report illegal content and/or any placing those aged under 18 risk.

WEBSITE: https://teprotejo.org

 

EnTicConfío

This is the National Responsible Use of Information and Communications Technology Policy of the Ministry of Information Technologies and Communications, and its “Vive Digital” Plan.

WEBSITE: www.enticconfio.gov.co

Updated most recently on 10 May 2018.

 

  1. Prevailing language.

This agreement is written in Spanish and English Languages. In case of dispute about terms and Agreements of this document, the Spanish Language prevail over the English version.

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