Legal Notice
Identification and Purpose
The purpose of these terms of use (“Terms”) is to regulate the use of the website www.cabbsa.com (“Website”), which is operated by CABBSA OBRAS Y SERVICIOS, S.A., with registered offices at Calle San Mateo nº26, 2º, Madrid, holding Tax Identification Code (C.I.F.) A-28.124.519 and registered with the Madrid Mercantile Registry, Volume 2,318, Page 106, Sheet M-40.788 (CABBSA).
The user of the Website (“User”) may contact CABBSA via the postal address indicated in the previous paragraph and through the following telephone number: 91 308 11 33.
Through these Terms, CABBSA informs Users of their rights and obligations regarding the content displayed on the Website, the logos and trademarks used, as well as the liabilities that may arise from the use of the service.
Access to, navigation on, or use of this Website implies the User’s implicit acceptance of the terms of this Legal Notice in its version in effect at any given time.
If you do not agree with any of the Terms, we kindly ask you to leave the Website.
For the purposes of interpreting these Terms, a person is considered a user as soon as they begin browsing the Website, thereby accepting these Terms.
Responsibilities
This Legal Notice governs access to and use of the content offered by CABBSA on its Website. However, CABBSA reserves the right to modify the presentation, layout, and content of the Website and its services, as well as the conditions for their access and/or use.
CABBSA does not guarantee uninterrupted access to the Website, nor is it responsible for any damages or losses that Users may suffer as a result of technical failures on the Website or harm caused by unauthorized third-party intrusions beyond its control.
It is also not guaranteed that the software on which the Website operates is free of errors, nor that there are no computer viruses or other executable programs that could damage the computer systems of the Website Users.
The information provided on the Website has been verified by CABBSA with due diligence. However, no responsibility is assumed regarding the accuracy, timeliness, or completeness of the information.
Intellectual and Industrial Property
All content made available on the Website is entirely original and complies with current national legislation, and is protected by intellectual property rights. In cases where we do not own the content, we hold all rights related to public communication, distribution, and/or reproduction.
In any case, the logos, trademarks, and trade names displayed on the Website are either our property or, where applicable, the property of third parties who have authorized us to use and/or exploit them.
The content on the Website is made available to Users for informational purposes and may be modified and updated at any time. Therefore, under no circumstances shall any rights of exploitation over the displayed content be understood as granted.
Under no circumstances shall browsing the Website imply the waiver, transfer, license, or partial or total assignment of intellectual or industrial property rights, unless otherwise established in writing.
None of the content hosted on the Website may be downloaded, reproduced, or used on any device or location other than our Website, unless we have expressly enabled such use.
For security reasons, the use of “frames” or any mechanisms that alter or modify the original design, layout, or content of the Website is not permitted.
Regarding links or hyperlinks, we may provide access to independent third-party websites that are directly related to the advertising displayed and reproduced on the Website. Since these pages are not owned or controlled by us, we do not assume responsibility for their content or operation.
CABBSA reserves the right to take any actions it deems appropriate against those who infringe any of the rights described in this section.
However, access to certain content and the use of certain services may be subject to Specific Terms, which will replace, complement, and/or modify, as applicable, this Legal Notice or the General Terms and Conditions or the Specific Terms (if any); in the event of a discrepancy, the Specific Terms shall prevail over the General Terms and Conditions and the content of this Legal Notice.
User Obligations
Access to and use of the Website does not require registration; however, to use certain features, users may need to provide information such as their name and email address.
The User agrees to:
- Accept and comply with the provisions of this Legal Notice and the documents that form an integral part of it.
- Not to slander, abuse, harass, threaten, or otherwise violate the rights of any other User or any other person.
- Not to remove or attempt to bypass any security measures adopted and implemented on the Website.
- Comply with the applicable laws and regulations.
Intellectual and Industrial Property
The entirety of this Website: texts, images, photographs, trademarks, graphics, logos, icons, buttons, software files, technology, links, and other audiovisual or sound content, color combinations, as well as the structure, selection, arrangement, and presentation of its content (hereinafter, the “Content”), its graphic design, selection of materials used, computer programs necessary for its operation, access and use, and source codes, are protected by the Intellectual and Industrial Property laws of the Kingdom of Spain and by applicable international Treaties or Conventions. Reproduction, distribution, public communication, extraction, reuse, forwarding, use of any kind, and transformation by any means or procedure are prohibited, except in cases previously authorized or legally permitted, without any exploitation rights being granted to the User beyond what is strictly necessary for the proper use of the Website.
The availability of all these elements owned by CABBSA or third parties shown on the Website does not imply, under any circumstances, the transfer of ownership or the granting of a usage right in favor of the User. CABBSA does not grant any license or authorization of any kind to use its intellectual and industrial property rights or any other property or rights related to the Website and the services offered.
Likewise, reproduction, retransmission, copying, assignment, or redistribution, in whole or in part, as well as modification, alteration, adaptation, or translation of the information contained on the Website, regardless of its purpose and the means used, is prohibited without prior authorization from CABBSA.
Apart from what has been specifically mentioned above, the reproduction of part or all of the content of this Website in any form, including framing, the creation of any derivative work based on this Website and/or its content, and the incorporation of its content into other websites, electronic retrieval systems, or publications, is prohibited. None of CABBSA’s logos and registered trademarks may be used or reproduced without our prior written authorization.
In the event that any User or third party believes that their legitimate rights have been violated by the inclusion of certain content on the Website, they must immediately notify CABBSA via email at cabbsa@cabbsa.com, providing their personal information or representation details, identification of the protected content and its location on the Website, and proof of their rights. The User will be responsible for the truthfulness of the information provided in the notification.
Users who voluntarily provide images or other graphic or multimedia information to CABBSA simultaneously grant reproduction rights for as long as such material remains on the web server. In any case, CABBSA assumes no obligation to the User regarding this information and reserves the right to remove it at any time without prior notice.
CABBSA does not guarantee that the content is accurate or error-free, nor that the User’s free use of such content does not infringe the rights of third parties. The proper or improper use of this website and its content is the responsibility of the User.
Accessing, browsing, using, storing, and/or downloading content and/or using the services of the Website by the User shall in no case be considered a waiver, transfer, license, or total or partial assignment of such rights by CABBSA or the rights holder, as applicable.
All intellectual and industrial property rights are reserved, and, in particular, it is prohibited to modify, copy, reuse, exploit, reproduce, transform, publicly communicate, publish second or subsequent editions, upload files, send by mail, transmit, use, process, or otherwise distribute all or part of the content and products included on the Website for public or commercial purposes without the express written authorization of CABBSA or the holder of the corresponding rights, as applicable.
Communications License
In the event that the User sends any type of information to CABBSA through the Website, using the channels provided for this purpose, the User declares, guarantees, and agrees that they have the right to do so freely, that the information does not infringe any intellectual property, trademark, patent, trade secret, or any other third-party rights, that it is not confidential, and that it is not harmful to third parties.
The User assumes responsibility and agrees to indemnify CABBSA for any communication provided personally or on their behalf, including, but not limited to, liability for the accuracy, legality, originality, and ownership of such communications.
Responsibilities and Warranties
The content of the Website is for informational purposes only and does not constitute a recommendation for any type of investment, transaction, or similar operation.
CABBSA declares that it has taken all necessary measures, within its capabilities and those of current technology, to ensure the proper functioning of the Website and to prevent the existence and transmission of viruses and other harmful components to Users.
However, CABBSA offers no warranty regarding the suitability or usefulness of the Website’s content and is not responsible for any damages caused to itself or to a third party by a person who violates the conditions, rules, and instructions established by CABBSA on the Website or through the breach of the Website’s security systems.
If the User becomes aware of any content that is prohibited, illegal, contrary to the law, or that may constitute a violation of intellectual and/or industrial property rights, they must immediately notify CABBSA so that appropriate measures can be taken.
Links
The Website may include links to third-party sites. The pages belonging to third parties have not been reviewed or are subject to control by CABBSA. Any links contained on this Website are provided solely as informational references, without any evaluation of the content, owners, services, or products offered on those sites.
CABBSA is not responsible for any aspect related to third-party websites that may be accessed through links from this Website, including but not limited to their operation, accessibility, data content, information, files, quality and reliability of products and services provided, the links themselves, and/or any of their content in general.
The establishment of any type of link from the Website to an external website does not imply any kind of relationship, collaboration, or dependency between CABBSA and the operators of the external website.
In any case, CABBSA cannot be held responsible for the content of these websites, nor for the measures they take regarding privacy or the processing of personal data, nor for their terms of use.
If you are interested in creating a link to any of CABBSA’s pages, you must notify us and obtain express consent to create the link. CABBSA reserves the right to oppose the activation of links to its website.
Links to This Website from Other Websites
Any User, entity, or website wishing to establish any type of link to the Website must comply with the following conditions:
The link must be absolute and complete; that is, it must take the User to the Website’s URL address with a single click and must cover the entire screen of the Website’s Home Page. Under no circumstances, except with the express written authorization of CABBSA, may the linking website reproduce the Website in any way, include it as part of its own site or within one of its frames, or create a browser for any of the Website’s pages.
On the page that establishes such a link, it may not be stated in any way that CABBSA has authorized the link, unless CABBSA has expressly done so in writing. If the entity creating a link from its own page to the Website wishes to include on its website the brand, trade name, commercial name, label, logo, slogan, or any other identifying element of CABBSA and/or its Website, it must obtain prior express written authorization from CABBSA.
CABBSA does not authorize the establishment of a link to the Website from websites that contain illicit, illegal, defamatory, obscene, or, in general, content contrary to morality, public order, or generally accepted social norms.
Privacy and Cookies
The privacy and cookies policy of the Website is set forth in the Privacy Policy and Cookies Policy.
Duration and Modification
CABBSA may modify any or all of these terms and conditions at any time, publishing any changes in the same format as this Legal Notice or through any other type of communication directed to the Users.
Therefore, the duration of this Legal Notice corresponds to the period during which it is displayed, until it is modified, in whole or in part, at which point the modified Legal Notice will take effect and be published on this Website.
Regardless of the provisions in the Specific Conditions, CABBSA may, at any time and without prior notice, terminate, suspend, or interrupt access to the content of the Website, without the User having the right to claim any compensation. The prohibitions on the use of content stated earlier in this Legal Notice shall survive such termination.
Miscellaneous
The headings of the clauses are for informational purposes only and do not affect, qualify, or expand the interpretation of the Legal Notice.
In the event of any discrepancy between the provisions of this Legal Notice and the Specific Conditions of a particular service, the latter shall prevail.
If any provision of this Legal Notice is declared null or unenforceable, in whole or in part, by any court, tribunal, or other competent administrative body, such decision shall not affect the remaining provisions of this Legal Notice.
The fact that CABBSA does not exercise or enforce any of the rights or provisions contained in this Legal Notice shall not constitute a waiver of such rights or provisions unless expressly agreed and acknowledged.
Corporate Information
CABBSA OBRAS Y SERVICIOS, S.A. was established in 1926 and adapted its status to the current corporate regulations through a public deed granted on October 30, 1963, before the Notary of Madrid, Mr. Alejandro Bérgamo Llabrés. Its bylaws were amended by a Public Deed granted before the Notary of Madrid, Mr. José Amérigo Cruz, on February 17, 1992. The company is domiciled at Calle San Mateo No. 26, 2nd floor, Madrid, with tax ID (C.I.F.) A-28.124.519, and is registered in the Madrid Mercantile Registry, volume 2,318, page 106, sheet M-40,788.
In accordance with the provisions established in section 1.3 of the Proposed Anticipated Agreement submitted by CABBSA OBRAS Y SERVICIOS, S.A., approved pursuant to the Judgment issued by the Commercial Court No. 7 of Madrid, the effective date of the agreement is April 28, 2014, which is the date on which CABBSA OBRAS Y SERVICIOS, S.A. was notified of the Judgment issued by Commercial Court No. 7 of Madrid mentioned above.
In accordance with the provisions established in section 5.1 of the court-approved proposal of the agreement, within a period of four months from the effective date of the agreement, CABBSA has proceeded with the appointment of an independent third party responsible for monitoring compliance with the agreement, who meets the requirements set forth in the aforementioned proposal.
The details of the independent third party are: I.L.P. Servicios Legales España S.L.P., represented by Jose Luis Cobo Aragoneses, domiciled in Madrid, Paseo de la Castellana, 144. 28046. For communication purposes, the following email address has been provided: l.martinez@ilpabogados.com.
The independent third party responsible for overseeing the agreement has accepted the position and commenced their duties as of January 10, 2023.
User Obligations
In general, the User undertakes to comply with these General Terms and Conditions, as well as with any specific warnings or instructions for use contained herein or on the Website, and to always act in accordance with the law, good customs, and the requirements of good faith. The User shall exercise due diligence appropriate to the nature of the service being used and shall refrain from using the Website in any way that could hinder, damage, or impair its normal operation, the property, rights, reputation, or commercial image of CABBSA, its suppliers, other Users, or any third party in general.
Specifically, and without this implying any limitation to the general obligation assumed by the User as set out in the previous section, the User agrees to use the services and content of the Website in accordance with the law and these General Terms of Use, undertaking to:
(i) provide truthful information and keep it up to date;
(ii) not introduce, store or disseminate on or from the Website any information or material that is defamatory, offensive, obscene, threatening, xenophobic, incites violence or discrimination based on race, gender, ideology, religion, or in any way violates morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties, or in general, any applicable regulations. CABBSA reserves the right to remove any comments or contributions that violate respect for human dignity, or that are discriminatory, sexist, xenophobic, racist, pornographic, or that threaten youth or childhood, public order or safety, among others, or that in its opinion are not appropriate for publication. In any case, CABBSA shall not be held responsible or liable for damages arising from opinions expressed by Users through forums, chats, or other participation tools;
(iii) not introduce, store or disseminate through the Website any computer program, data, virus, code, applets, macros, Active X controls, hardware or telecommunications equipment, or any other electronic or physical device or instrument that may cause damage to the Website, any of its services, or any equipment, systems, or networks of CABBSA, its Users, suppliers, or in general, any third party, or that may otherwise alter or hinder their normal operation;
(iv) properly safeguard the “Username” and “Password” provided by CABBSA to Users as identifiers and access credentials for the various services offered on the Website, and not to share or allow access to them by third parties, assuming responsibility for any damages that may arise from their misuse. Likewise, the User undertakes to promptly inform CABBSA of any loss or theft, as well as any risk of third-party access to their “Username” and/or “Password”;
(v) not to carry out advertising, promotional, or commercial exploitation activities through the Website, nor to use the content and, in particular, the information obtained through the Website to send advertising, messages for direct sales purposes, or for any other commercial purpose, nor to collect or store personal data of third parties;
(vi) not to use false identities or impersonate others when using the Website or any of its services, including the use of third-party passwords or access credentials or any other method, and not to attempt to access or use other Users’ email accounts or to modify or manipulate their messages;
(vii) not to destroy, alter, use for personal use, disable, or damage CABBSA’s data, information, programs, or electronic documents, or those of its suppliers or third parties;
(viii) not to introduce, store, or disseminate through the Website any content that infringes third-party intellectual or industrial property rights or trade secrets, or in general, any content that the User is not legally entitled to make available to others.
Applicable Jurisdiction
To file complaints regarding the use of our services, you may contact us by email or at the physical address provided above. In all cases, an amicable resolution must be sought as a first step.
For any legal dispute or matter related to our website or any site dependent on it, Spanish law shall apply. The Courts and Tribunals of Madrid shall have jurisdiction to resolve any conflicts arising from or related to the use of this website.
