.png){kind=small}
Terms and Conditions
The Ufinet Portal.
1.1 Through the Ufinet Portal (hereinafter, “the Portal”) of the company UFINET LATAM S.L.U. (hereinafter “UFINET“), accessible through the URL address www.ufinet.com provides visitors and users (hereinafter “the Users” or “the User”) with access to a wide range of products, services and contents related to the operation of telecommunications networks and infrastructures in accordance with the Company’s corporate purpose (hereinafter “the Services”).
1.2 The identification data of the person responsible for the Portal are those listed below:
UFINET LATAM S.L.U.
Velázquez Street 24, 1D
28001-Madrid
TAX ID: B-87641759
Registered in the Mercantile Registry of Madrid, Volume 34728, Page 205, Page M-624629.
Conditions of Access and of the Portal.
2.1 The present Terms and Conditions of Use (hereinafter, “Terms of Use“) regulate the access to the services of the Portal, as well as their use by the users.
By accessing and using the Portal, it shall be understood that the User expressly, fully and unreservedly agrees to the content of each and every one of these General Conditions in the version published on the Portal at the time of accessing the same. If the User does not agree with the contents of these General Conditions, he/she must refrain from accessing the Portal and from operating through it. The Portal reserves the right to modify the present General Conditions, warning the Users by means of the corresponding notices in the Portal, so that the Users can become aware of their content from the first moment.
2.2 As a User, you declare that you are of legal age and/or have sufficient legal capacity to be bound by these General Terms and Conditions. The User expressly, fully, unreservedly and without exception accepts that access to and use of the Portal, its Services and its contents is at the User’s sole and exclusive responsibility.
Content of the Portal.
3.1 The Portal User assumes, knows and accepts, by the very fact of visiting the Portal, that the data and information on products or services, and any other data and information contained in the Portal appear in the Portal, solely and exclusively, for information purposes, as preliminary information available to the attention of the User, and that at any given time may contain errors, inaccuracies or may not be updated.
3.2 UFINET reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Portal, as well as the content and extent of the Services. Likewise, the Company reserves the right to incorporate new Services and contents in the Portal, as well as the right to eliminate, limit, suspend or prevent access to the Services, either temporarily or permanently, when the reasons foreseen in these General Conditions are present.
Protection of Personal Data Personal Data Protection
You can read our Privacy Policy
here
í
.
Cookies
You can read our Cookie Policyhere .
6.General representations and warranties.
6.1 The Company represents and warrants that the Portal has the necessary technology (software and hardware), as of today’s date, to allow access and use of the same. However, UFINET is not responsible for the possible existence of viruses or other harmful elements, introduced by any means or by any third party, that may cause alterations in the User’s computer systems, nor for the harmful consequences that they may produce in the User’s computer systems.
The User fully accepts the foregoing and undertakes, on his/her part, to exercise the utmost diligence and prudence when accessing and using the Services offered through the Portal. In particular, but not only, the User must observe 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 from internal and external sources and offers it in its current state to the Users, and may, however, contain falsehoods, inaccuracies, relevant omissions, inaccuracies or misprints. UFINET, consequently, does not guarantee in any case the truthfulness, accuracy, timeliness or completeness of the contents of the Portal. Therefore, the User exonerates UFINET from any responsibility in relation to the reliability, usefulness or false expectations that the Portal may produce or generate while browsing it.
6.3 The User guarantees that any activities carried out by him/her through the Portal shall be in accordance with the law, morality, generally accepted good customs and public order, and that in no case shall they be offensive to the good name and commercial image of the UFINET Group, to the rest of the Users of the Portal or to third party service providers. In particular, the User undertakes to use the Services correctly and diligently and to refrain from using them for purposes or effects that are illicit or prohibited by these General Conditions, harmful to the rights and interests of third parties, or that in any way may damage, render useless, overload or deteriorate said Services, the computer equipment of third parties as well as the documents, files, and all types of content stored in their computer equipment or impede the normal use or enjoyment of the Services by third parties.
6.4 In particular, by way of example and without limitation,
the User undertakes not to use the Services in order to
(i) impersonate the identity of a third party; (ii) violate fundamental rights and public liberties recognized in national legislation and in international treaties or conventions and, in particular, not to harm the honor, personal privacy, image or property rights of third parties; (iii) incite or promote criminal, denigrating, defamatory or offensive actions or, in general, actions contrary to the law, morals, generally accepted good customs or public order(iv) induce or promote discriminatory actions or ideas based on race, sex, 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 order; (vi) infringe intellectual or industrial property rights belonging to third parties; (vii) violate communications secrecy regulations, advertising regulations and/or unfair competition regulations; (viii) transmit through the Portal with malice or fault e-mail, programs or data (including viruses and malicious software) that cause or may cause damage or harm in any degree to the computer systems of the Company or other Users or third parties, as well as falsify the origin of the e-mail or other material contained in a file transmitted through the Portal; (ix) use the information contained in the Portal for direct sales purposes or for any other type of purpose, and (x) to send unsolicited messages addressed to a more or less wide range of people regardless of their purpose.
7.General limitation of liability.
7.1 UFINET makes no representations or warranties of any kind, whether express or implied, as to the operation of the Portal or the information, content, software, materials, or products included therein to the extent permitted by applicable law. Furthermore, the Company disclaims all warranties, whether express or implied, including, but not limited to, implied warranties of fitness for a particular purpose. The Company shall not be liable for damages of any kind that may arise from the use of this Portal, including, but not limited to, direct and indirect damages.
7.2 UFINET shall not be liable for any direct or indirect damages that may arise from the interruption of the Service by the Portal as well as its continuity. Likewise, the Company is not responsible for possible errors or security deficiencies that may occur due to the use, by the User, of a browser of an outdated or insecure version, as well as for the activation of the password conservation devices or identification codes of the User registered in the browser or for damages, errors or inaccuracies that may result from the malfunctioning of the same.
7.3 UFINET excludes all liability for the legality, content and quality of the products and services offered and/or marketed by third parties through the Portal.
7.4 UFINET makes no warranties of any kind, either express or implied, with respect to the information that is transmitted, distributed, published or stored on the Portal, or the use that Users, their employees or third parties make of it. Likewise, UFINET shall not be liable for the incapacity of any User or for the impersonation of a third party by a User.
7.5 In the event of UFINET‘s liability, UFINET shall only be liable for the damages actually and directly caused by it, and in no case shall UFINET be liable for compensation for loss of profit.
7.6 The User shall be liable for damages of any nature that UFINET may suffer as a direct or indirect consequence of the User’s breach of the Terms and Conditions of Use.
Links or hypertext links to the Portal.
8.1 Users or owners of other websites who intend to create a hypertext link (hereinafter, link) to the Portal must ensure and undertake to comply with the Company’s rules on web links. These rules consist of (i) not to establish links to pages or subpages other than the home page of the Portal; (ii) not to establish links that allow the total or partial reproduction of the pages of the Portal’s home page; (iii) not to make false, inaccurate, incorrect, misleading or confusing statements or, in general, statements that are contrary to the law, morality or good customs; (iv) not include any trademark or protectable sign other than the URL address of the Portal, and (v) not to establish links to pages that contain content, statements or propaganda of a racist, xenophobic, pornographic, apology of terrorism or that violate human rights and in general may damage in any way the good commercial name, or the image of the Company or its customers. In any case, the inclusion of links to the Portal by other websites does not imply that the Company maintains links or association of any kind with the owner of the website where the link is established, nor does it imply that the Company promotes, endorses, guarantees or recommends the contents of such 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 responsibility for the information contained in such portals or websites that can be accessed through links or search engines of UFINET‘s web pages. The presence of links on the web pages is for information purposes only. Therefore, UFINET makes no representations or warranties of any nature whatsoever, either express or implied with respect to: (i) the merchantability, suitability, quality, quantity, characteristics, provenance or origin, marketing or any other aspect of the products or services offered and marketed through the Portal; (ii) direct, indirect or any other type of damages that may be generated by the products or services offered, marketed, acquired, sold or provided through the Portal; (iii) the prices offered or agreed upon by the Users with the offering entities; (iv) transactions or operations carried out between them; (v) the good purpose of the same; (vi) the terms and conditions agreed between them in their business and conditions of use, as well as their modifications, compliance and execution, invoicing, form and means of payment and termination; (vii) ensuring the delivery of products or provision of services; (viii) the information that may be exchanged between them; (ix) the content and use of information of a personal nature or not that such entities require from the User to capture and carry out the operations; (x) the content and use of the personal information that the Company transmits to such entities for the sole and exclusive purpose of fulfilling the business relationship initiated or created (xi) nor of the advertising that the Users may make use of, nor of the use that the Users may make of the distinctive signs of a third party or of their own.
8.3 All the contents of the Portal (including, but not limited to, databases, images and photographs, patents, utility and industrial models, drawings, graphics, text files, audio, video and software) are the property of UFINET, or of the content providers, having been, in the latter case, licensed or assigned by them, and are protected by national or international intellectual and industrial property laws. The compilation (understood as the collection, design, arrangement and assembly) of all the content of the Portal is the exclusive property of UFINET and is protected by national and international industrial and intellectual property laws.
8.4 All software used in the design of the screens, navigation and use and development of the Portal is the property of the Company or its software suppliers and is protected by national and international industrial and intellectual property laws.
8.5 The trademarks, signs, distinctive signs or logos of UFINET that appear on the Portal are owned by UFINET and are duly registered or in the process of registration. The names of other products, Services and companies appearing in this document or on the Portal may be trademarks or other distinctive signs registered to their respective and legitimate owners.
8.6 All texts, graphic designs, videos or audio supports are the property of UFINET, or its content providers, and may not be subject to further modification, copying, alteration, transformation, reproduction, adaptation or translation by the User or third parties without the express authorization of the owners of such content.
8.7 The making available to Users for their use of the databases, drawings, graphics, images and photographs, text files, audio, video and software owned by the Company or its suppliers that appear on the Portal does not imply, in any case, the transfer of ownership or the granting of a right of exploitation in favor of the User, other than the right of use that involves the legitimate use and in accordance with the nature of the Portal.
8.8 Any use of the contents of the Portal, of the Services and, in general, of all the rights mentioned in the preceding sections that is made without the authorization of UFINET is strictly prohibited, including their exploitation, reproduction, dissemination, transformation, distribution, transmission by any means, subsequent publication, exhibition, public communication or total or partial representation, which, if they occur, will constitute an infringement of the intellectual property rights of UFINET, punishable by the legislation in force.
9. User-generated content.
The website may allow the User to provide information or materials of various kinds, of which, the User shall be the owner of all rights that may apply to them, without prejudice to the granting of a worldwide, free, non-exclusive, perpetual, irrevocable, transferable license granted to UFINET, without additional consideration to the User or third parties, for:
- Reproduce, distribute, transmit, perform, display, exhibit and communicate or make available to the public the work derived from the submission.
- Exercise all trademark, publicity and other intellectual property rights related to the user’s submission.
- Use the User’s name, photograph, portrait, image, voice or biographical information provided by the User to send communications of interest to the contractual relationship that is taking place between the User and UFINET.
In the event that the User does not wish to assign such rights, he/she must refrain from sending any submission or content to the Company or to the website.
Force majeure.
For the purposes of these General Conditions, force majeure shall be understood to mean, by way of example but not limitation, (i) any non-fault event impossible to foresee or which, foreseen or foreseeable, was unavoidable; (ii) failures in the access to the different web pages; (iii) failures in the electrical or telephone network supply; (iv) damage caused by third parties or attacks on the Portal server (viruses) that affect the quality of the Services and are not attributable to either the Company or the User; (v) failures in the transmission, dissemination, storage or making available to third parties of the databases and other contents of the Portal and, (vi) problems or errors in receiving, obtaining or accessing the Portal or the Services by such third parties.
11.Suspension of access to the portal and services.
11.1 UFINET shall endeavor to maintain the continued availability of the Portal. However, any type of test, control and maintenance operation shall be freely chosen and carried out by UFINET at any time, whatever the procedures and means used to carry them out. UFINET shall endeavor, whenever reasonably possible, to notify Users by means of an announcement on the Portal of the performance of a maintenance operation or other activity that may affect the Portal.
11.2 UFINET reserves full freedom to modify the transmission capacities, tracking or other technical means or Services used to access or use the Portal.
11.3 UFINET may temporarily or permanently suspend the Services, without generating any type of compensation in favor of the User, when any of the following circumstances occur: (i) when necessary to perform maintenance work, (ii) when necessary to preserve the integrity or security of the Services provided, the equipment, systems or networks of the Company or third parties, provided that they affect or may affect the services of the Company, (iii) when justified for its own or third parties’ operational reasons affecting the provision of the Company’s Services; (iv) when there is a cause of force majeure, UFINET shall endeavor to keep the User informed of the suspension and its causes, whenever possible.
12.Termination.
12.1 Either party may terminate these General Conditions in the event of breach of any of the obligations set forth in these General Conditions provided that such breach is not remedied within thirty (30) days from the written notice of such breach, unless due to its seriousness, it cannot be remedied;
12.2 UFINET may also terminate the Terms and Conditions of Use without notice to the User when: (i) has knowledge of the performance by the User of any unlawful activity through the Services; (ii) the User has breached any of its essential obligations, according to these General Conditions, and especially in case of misuse of the access code; and in case of violation or challenge of the intellectual and industrial property rights of the Portal, all without prejudice to the exercise of any legal actions that may correspond to it in defense of its interests.
13.Nullity and ineffectiveness of the clauses.
If any Clause of the present General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or part thereof that is null or ineffective, and the rest of the General Conditions shall remain in full force and effect, and such provision or part thereof that is affected shall be deemed not to have been included, unless, because it is essential to the present General Conditions, it should affect them in their entirety.
14. 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 dispute arising from the existence, access, use or content of the Terms and Conditions of Use, the Courts and Tribunals of the User’s domicile in Spain shall have jurisdiction.
15.Predominant language.
This agreement is drafted in Spanish and English. In the event of a dispute over the terms and conditions of this agreement, the Spanish version prevails.
Updated by úlast updated on March 21, 2024.
