Legal Notice

INFORMATION SOCIETY SERVICES LAW (SSIET)
Winefy Consulting By María Alvear, in charge of the website, from now on Winefy, puts at the disposal of the users the present document, with which it tries to give fulfillment to the obligations arranged in the Law 34/2002, of July 11, of Services of the Society of the Information and of the Electronic Trade (SSIET), as well as to inform all the users of the website with regard to which the conditions of use are.
Any person who accesses this website assumes the role of user, committing to the observance and strict compliance with the provisions set forth herein, as well as any other legal provision that may be applicable.
Winefy Consulting reserves the right to modify any type of information that may appear on the website, without any obligation to give prior notice or to inform users of such obligations, it being understood that publication on the Winefy Consulting website is sufficient.

1. IDENTIFICATION DATA
  • Company name: Winefy Consulting
  • Trade name: María Alvear
  • CIF: ******
  • Address: Madrid
  • e-mail: hello@winefyconsulting.es

2. OBJECT
Through the Website, we offer Users the possibility of accessing information about our services.

3. PRIVACY AND DATA PROCESSING
When it is necessary to provide personal data for access to certain content or services, Users shall guarantee their truthfulness, accuracy, authenticity and validity. The company will give these data the corresponding automated treatment according to their nature or purpose, in the terms indicated in the Privacy Policy section.

4. INDUSTRIAL AND INTELLECTUAL PROPERTY
The User acknowledges and accepts that all the contents shown on the Web Space and in particular, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs susceptible of industrial and/or commercial use are subject to Intellectual Property rights and all brands, trade names or distinctive signs, all industrial and intellectual property rights, on the contents and/or any other elements inserted in the page, which are the exclusive property of the company and/or third parties, who have the exclusive right to use them in economic traffic. Therefore, the User agrees not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, keeping the company free from any claim arising from the breach of such obligations. Under no circumstances does access to the Web Space imply any kind of waiver, transmission, licence or total or partial assignment of such rights, unless expressly established to the contrary. These General Conditions of Use of the Web Site do not confer upon the Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Web Site and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the company or the third party owner of the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing in this Space, as well as the Space itself as a whole, as a multimedia artistic work, are protected as copyright by the legislation on intellectual property. The company is the owner of the elements that make up the graphic design of the Web Space, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics and any other content of the Web Space or, in any case, has the corresponding authorization for the use of these elements. The content provided on the Web Site may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or by any means, unless prior written authorisation has been obtained from the said Entity.
It is also forbidden to delete, evade and/or manipulate the “copyright” as well as the technical protection devices, or any other information mechanisms that the contents may contain. The User of this Web Space undertakes to respect the rights set out above and to avoid any action that could damage them, and the company reserves the right to exercise any means or take any legal action that may correspond to it in defence of its legitimate intellectual and industrial property rights.

5. OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEB SPACE
The User agrees to:
  1. To make an adequate and licit use of the Web Space as well as of the contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Web Site; (iii) the generally accepted morals and good customs and (iv) the public order.
  2. To provide all the means and technical requirements needed to access the Web Site.
  3. To provide truthful information when filling in the forms contained on the Web Site with their personal data and to keep them updated at all times so that they respond, at all times, to the User’s real situation. The User shall be solely responsible for any false or inaccurate statements made and the damages caused to the company or third parties by the information provided.
Notwithstanding the provisions of the previous section, the User must also refrain from:
  1. Making unauthorised or fraudulent use of the Web Space and/or its contents for purposes or with effects that are illicit, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload, deteriorate or prevent the normal use of the services or the documents, files and all types of content stored on any computer.
  2. Access or try to access resources or restricted areas of the Web Space, without fulfilling the conditions required for such access. 
  3. Cause damage to the physical or logical systems of the Web Site, its suppliers or third parties.
  4. Introduce or spread computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the company, its suppliers or third parties.
  5. Attempt to access, use and/or manipulate the data of the company, third party suppliers and other Users.
  6. Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
  7. Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the company or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted into the contents.
  8. Obtain and attempt to obtain the contents by using means or procedures other than those which, depending on the case, 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 as they do not entail a risk of damage or disablement of the Web Space and/or the contents.
  9. In particular, and as an indication and not as an exhaustive list, the User undertakes not to transmit, disseminate 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 – In any way that is contrary, disregards or attempts against fundamental rights and public freedoms recognized in the Constitution, in International Treaties and in the rest of the legislation in force; – Induces, incites or promotes criminal, denigrating, defamatory or violent actions or, in general, actions that are contrary to the law, morality, generally accepted good customs or public order. – Induces, incites or promotes actions, attitudes or thoughts that are discriminatory for reasons of sex, race, religion, beliefs, age or condition. Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order. Induce or may induce an unacceptable state of anxiety or fear – Induce or incite to engage in dangerous practices, risky or harmful to health and psychological balance – It is protected by legislation on intellectual or industrial protection belonging to society or third parties without having been authorized the use intended. – Is contrary to the honour, personal and family privacy or to the image of the people itself. constitutes any type of advertising. includes any type of virus or program that prevents the normal functioning of the Web Space.
If, in order to access any of the services and/or contents of the Web Space, you are provided with a password, you are obliged to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its adequate custody and confidentiality, committing itself not to cede it to third parties, temporarily or permanently, nor to allow access to the mentioned services and/or contents by outsiders. Likewise, it is obliged to notify the company of any event that may involve an improper use of its password, such as, but not limited to, its theft, loss or unauthorized access, in order to proceed to its immediate cancellation. Consequently, as long as you do not make the above notification, the company will be exempt from any responsibility that could be derived from the improper use of your password, being of its responsibility any illicit use of the contents and/or services of the Web Space by any illegitimate third party. If, in a negligent or fraudulent manner, it fails to comply with any of the obligations established in these General Conditions of Use, it will be liable for all the damages that may arise for the company as a result of such failure.

6. RESPONSIBILITIES
We do not guarantee continuous access, nor the correct visualization, downloading or use of the elements and information contained in the website that may be prevented, hindered or interrupted by factors or circumstances beyond our control. It is not responsible for the decisions that could be taken as a consequence of the access to the contents or information offered.
The service may be interrupted, or the relationship with the User immediately terminated, if it is detected that a use of its Web Space, or of any of the services offered therein, is contrary to these General Conditions of Use. We shall not be liable for any damages, losses, claims or expenses arising from the use of the Web Site.
You will only be responsible for eliminating, as soon as possible, the contents that may generate such damages, provided that you are notified. In particular, we shall not be liable for any damages that may arise, inter alia, from:
  1. Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the lines and telecommunications networks, or by any other cause beyond the control of the company.
  2. Unlawful interference through the use of malicious programs of any kind and by any means of communication, such as computer viruses or any other.
  3. Abuse or misuse of the Web Site.
  4. Security or navigation errors produced by a malfunction of the browser or by the use of non-updated versions of the same. The Web site administrator reserves the right to withdraw, in whole or in part, any content or information present on the Web site.
The company excludes any liability for damages of any kind that may be due to the improper use of the services of free disposal and use by the Users of Web Space. Likewise, it is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, which are only for the provision of consultation and doubt services. On the other hand, in the event of causing damage or harm due to the illicit or incorrect use of said services, the User may be held responsible for the damage or harm caused.
You shall hold the company harmless against any damages arising from claims, actions or demands by third parties as a result of your access or use of the Web Space. Likewise, you undertake to indemnify the company against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used to collect or extract data or any other action on your part that imposes an unreasonable burden on the operation of the Web Site.

7. HYPERLINKS
The User undertakes not to reproduce in any way, not even by means of a hyperlink, the Web Space, or any of its contents, unless expressly authorised in writing by the person responsible for the file.
Web Space may include links to other web spaces, managed by third parties, in order to facilitate the User’s access to information from collaborating and/or sponsoring companies. In accordance with this, the company is not responsible for the content of said Web spaces, nor is it in a position to guarantee and/or offer the services and/or information that may be offered to third parties through the links.
The User is granted a limited, revocable and non-exclusive right to create links to the home page of the Web Space exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not falsify their relationship or claim that such a link has been authorised, nor may they include brands, denominations, commercial names, logos or other distinctive signs of our company; (ii) may not include content that may be considered in bad taste, obscene, offensive, controversial, inciting violence or discrimination for reasons of sex, race or religion, contrary to public order or illegal; (iii) you may not link to any page of the Web Site other than the home page; (iv) you must link to the Web Site address itself, without allowing the linking Web Site to reproduce the Web Site as part of its website or within one of its frames or to create a browser on any of the pages of the Web Site The company may request, at any time, that it remove any link to the Web Site, after which it must immediately proceed to remove the link.
The company cannot control the information, content, products or services provided by other Websites that have established links to the Website.

8. DATA PROTECTION
To use some of the Services, the User must first provide certain personal data. The company will automatically process these data and apply the corresponding security measures, all in compliance with the RGPD, LOPDGDD and LSSI. The User can access the policy followed in the treatment of personal data, as well as the establishment of the previously established purposes, under the conditions defined in the Privacy Policy.

9. COOKIES
The company reserves the right to use “cookie” technology on the Website, in order to recognise you as a frequent User and to personalise your use of the Website by pre-selecting your language, or more desired or specific content.
The cookies collect the user’s IP address and Google is responsible for processing this information.
Cookies are files sent to a browser, by means of a web server, to register the navigation of the User on the Web Space, when the User allows its reception. If you wish, you can configure your browser to notify you on screen of the reception of cookies and to prevent the installation of cookies on your hard disk. Please consult your browser’s instructions and manuals for further information.
Thanks to the cookies, it is possible to recognize the browser of the computer used by the User in order to provide content and offer the navigation or advertising preferences that the User, to the demographic profiles of the Users as well as to measure the visits and traffic parameters, control the progress and number of entries.

10. REPRESENTATIONS AND WARRANTIES
In general, the contents and services offered in the Web Space are merely informative. Therefore, in offering them, no guarantee or statement is made in relation to the content and services offered on the Web Space, including, but not limited to, guarantees of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such declarations and guarantees cannot be excluded by law.

11. FORCE MAJEURE
The company will not be responsible in all cases of impossibility to provide service, if this is due to prolonged interruptions of electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.

12. RESOLUTION OF DISPUTES. APPLICABLE LAW AND JURISDICTION
The present General Conditions of Use, as well as the use of the Web Space, will be governed by the Spanish legislation. For the resolution of any dispute the parties will submit to the Courts and Tribunals of the registered office of the Responsible for the website.
In the event that any stipulation of these General Conditions of Use should prove to be unenforceable or void by virtue of applicable legislation or as a result of a judicial or administrative ruling, such unenforceability or voidness shall not render these General Conditions of Use unenforceable or void as a whole. In such cases, the company will proceed to the modification or substitution of said stipulation for another that is valid and enforceable and that, as far as possible, achieves the objective and pretension reflected in the original stipulation.