For the purposes of these general conditions, according to article 3 of Royal Legislative Decree 1/2007, of November 16, natural or legal persons who act in a field other than a business or professional activity will be considered consumers.
For the purposes of these general conditions, according to article 4 of Royal Legislative Decree 1/2007, of November 16, any natural or legal person who acts within the framework of their business or professional activity, whether public or private, will be considered businessmen. . For the purpose of these general contracting conditions, both the consumer and the employer will be considered USERS.
1. IDENTIFICATION OF THE PARTIES / GENERAL / SCOPE OF APPLICATION
On the one hand, FIRST CLASS SPAIN, S.L. (hereinafter ACEPTO) owner and owner of the Portal www.abeto.es (hereinafter the PORTAL), whose company name is FIRST CLASS SPAIN, SL, entity duly registered in the Mercantile Registry of Barcelona, T. 43982, F. 125, Sec. Gral, Sheet 443593, Inscr. 1ª, with CIF B66141292 and registered office at C / tolra 16-18 1º 2ª Barcelona, Spain, email: firstname.lastname@example.org.
And, on the other hand, the natural or legal person, (hereinafter USER), who accesses the Portal to make use of the services offered therein.
That by accepting these GENERAL CONDITIONS and the use of this PORTAL, the USER accepts, guarantees, declares and acknowledges without any reservation of each and every one of the points of these GENERAL CONDITIONS, as well as all those CONDITIONS, REGULATIONS and PARTICULARITIES contained therein and on the PORTAL, for the use of certain services. If you do not accept these GENERAL CONDITIONS, you must refrain from participating in the services and / or other content offered by ACEPTO for which it is essential to be a USER. The USER is aware and accepts that the use and navigation of the website www.acepto.es is carried out in any case under his sole and exclusive responsibility.
It also declares that it has no intention of damaging the image of ACEPTO in any way.
This legal notice is applicable only to the information collected exclusively on this website. In no case will it be understood as applicable to the content collected on the pages of third parties.
ACEPTO makes the means of contact detailed in this section available to the USER.
2. DESCRIPTION OF THE SERVICE / OBLIGATION TO COMPLETE THE TRANSACTION
2.1 Description of the service
ACEPTO, is a website where REGISTERED USERS (hereinafter MEMBERS) can acquire and offer jobs, services and commissions (hereinafter WORKS). It should be noted that ACEPTO does not select or have at its disposal any professional user that is available on the web. ACEPTO website acts as a meeting point to allow anyone to offer and acquire jobs, services and commissions without further involvement in the work to be done.
ACEPTO does not publish job offers by itself, nor does it quote about job offers. ACEPTO, by itself, does not become a partner in the exclusive agreements between MEMBERS of this PORTAL. In addition, compliance with these agreements established through ACEPTO or any of its services, take place exclusively among ACEPTO MEMBERS. ACEPTO reserves the right to modify or adapt the job offers and other content provided by its MEMBERS, so that they can be compatible with mobile devices or with other third-party software applications (eg: RSS). In addition, job offers or other content provided by MEMBERS may appear on ACEPTO web pages in other countries and languages, as well as on the Social Networks they own. The publication of job offers in ACEPTO is regulated by the “CONTENT PUBLICATION CONDITIONS”
2.2 Obligation to complete the transaction
In no case, neither the professional nor the individual are obliged to carry out what is agreed upon in ACEPTO since it may differ from reality. Any dispute must be resolved privately and always outside ACEPTO.
3. CONDITIONS OF PUBLICATION OF CONTENT / OFFERS
Users can only post appropriate and truthful content. Prohibited content is not allowed. ACEPTO reserves the right to withdraw content already published that it considers not acceptable. The same applies to links that have been designated, directly or indirectly, as prohibited content. I ACEPTO may remove said content from the system without notifying its MEMBERS. In these cases the claims are unjustified.
ACEPTO reserves the right to close the accounts of offensive users, without warning, in such cases. “Prohibited Content” is content that violates legal guidelines, any law, rights of third parties, is adult by nature, or inappropriate for other reasons.
When using ACEPTO or any of its services, it is strictly prohibited:
Post pornographic material, inappropriate for minors, or that exalts hatred, violence, racial or religious intolerance, or content that promotes organizations with similar ideas, or post links to such material or content on other websites. Violate any law or Encourage others to do so, or link to third-party content of this type. Publish false statements, insults, abusive criticism, use vulgar or obscene language, as well as any disrespectful, provocative or aggressive behavior towards other USERS of ACEPTO.
The decision on whether the content meets these conditions or not depends solely on ACEPTO and in all these cases ACEPTO reserves the right to delete this information without prior notice to MEMBERS.
3.2 Description of the job offer
The JOB OFFER must describe his JOB OFFER and all the conditions on the PORTAL offer insertion page. Your offers may include descriptive texts, graphics, photographs and other relevant content for the sale of said work.
Likewise, professional BIDDERS or companies must comply in their BIDS with the information obligations required in accordance with current legislation. All offers inserted must be included in the appropriate category.
4. REGISTRATION / BEING A USER
USERS must register in order to become MEMBERS and thus be able to use the ACEPTO services. Only REGISTERED USERS can publish and modify JOB offers. MEMBER status can be rejected or canceled at any time, without prior notice, and can also be withdrawn in the event of breach of these terms and conditions.
The information requested for registration must be provided completely and absolutely truthfully by the interested user. Once you are a member, your contact information, in particular the user’s account address, must be kept up-to-date by the user. ACEPTO does not guarantee the accuracy of the information of each user, such as information on qualifications, references and / or other relevant data. Any member participating in a particular job offer is obligated and responsible for reviewing the information
4.2 User / Job Offer
ACEPTO services are available only to natural or legal persons with the capacity to validly subscribe a contract in accordance with applicable law. ACEPTO services are not available, for illustrative purposes only, to minors or ACEPTO users temporarily or permanently suspended. If you do not have the capacity to be a user in accordance with the above, do not use the ACEPTO services. Also, your ACEPTO account (including your evaluation) and user ID may not be transferred or sold to another party.
By completing the budget request, the USER consents that ACEPTO provide their personal data to certain companies so that they can provide the requested estimates. Such communication of personal data is necessary to carry out the requested service.
4.3 Professionals / Entrepreneurs
REGISTERED USERS, who want to use our services as a freelancer, entrepreneur and / or professional, that is, all those who carry out a commercial or professional activity in their own name through this portal must send ACEPTO their freelance accreditation , employer and / or when requested by the PORTAL. ACEPTO reserves the right not to admit or cancel the MEMBER status of those USERS who do not comply with the obligations described.
The PROFESSIONAL MEMBERS must pay the established fees to be able to use all the functions of the PORTAL.
5. ACCEPTANCE OF THE RULES OF USE
The user who completes the registration process accepts the rules of use of the PORTAL. Failure to comply may lead to the total expulsion of the user from the PORTAL.
The acepto.es team undertakes to study each case in question and will evaluate the decision to be made.
In no case or circumstance ACEPTO is responsible for the quality, usefulness or correct use of the work carried out by the professionals of its Directory of Companies. It is the USER’s responsibility to confirm and verify that a professional is qualified to perform a job.
6. SUBSCRIPTION FOR PROFESSIONAL USERS
Professional users must purchase a voucher in order to be able to send their offers to private USERS and to be able to acquire the contact details of individual USERS.
Our fees are available in the descriptive texts of the corresponding sections and they will be understood to be included in these GENERAL CONDITIONS by mentioning from this section, I ACEPTO you can modify the prices for your services at any time subject to what is established below.
ACEPTO may temporarily modify the prices for its services due to promotions.
ACEPTO may modify all or some of the services at any time. In the event of the introduction of a new service, the bonuses for said service will be effective at the time the service is launched. Unless otherwise stated, all fees are in Euros. The USER is responsible for the payment of all fees associated with the use of ACEPTO services and its PORTAL, as well as all applicable taxes.
In no case does acepto.es guarantee a minimum of daily offers.
ACEPTO cannot guarantee that access to the PORTAL will be uninterrupted or free of errors. ACEPTO reserves the right to suspend access to the PORTAL between certain scheduled periods of time for maintenance tasks.
Occasionally there may be other occasions in which access to the PORTAL is interrupted for emergency maintenance or repairs, or to carry out updates to improve the performance or functionality of the PORTAL.
Access may also be interrupted due to failures in telecommunication links and equipment as well as Internet interruptions that are beyond the control of ACEPTO. ACEPTO will not be held liable to USERS for any of the following types of loss or damage arising from, or in connection with, the use of this PORTAL or any of the content and / or services provided:
Any loss or corruption of data Any indirect or consequential loss or damage.
ACEPTO reserves the right to modify the GENERAL CONDITIONS and the REGULATION OF USE or delete the contents, services and information found on this PORTAL, as well as to limit or cancel the GENERAL TERMS and CONDITIONS. In no case will these modifications have retroactive effects. In any case, ACEPTO reserves the right to make the modifications without having to notify in advance.
9. CONDITIONS OF ACCESS AND USE OF THE PORTAL
The PORTAL can be visited by anyone freely and for free. However, in order for you to be able to offer jobs, access the offers and budget for them, it will be necessary for the user to accept the GENERAL CONDITIONS and fill out a form with the data and information that is indicated, if the user does not fill in all the fields of the Form indicated as mandatory ACEPTO reserves the right not to facilitate access or give you the status of MEMBER.
9.1 Technical access requirements
To access the PORTAL, the USER must have access to the Internet, pay the corresponding access and connection fees and have the equipment and computer systems necessary to connect to the Internet, including a terminal that is suitable for this purpose. (PC or compatible computer, telephone, etc.) and a modem or other similar or similar access device. For the correct access and use of certain contents and services of the PORTAL, it implies the downloading of certain computer programs or other logical elements on your computer equipment. This installation will be the responsibility of the USER, declining ACEPTO any type of responsibility that may arise from it.
In this sense, in order to access certain multimedia content, the USER must have a minimum bandwidth of 256 Kb / s, declining ACEPTO any responsibility for the malfunction of the multimedia content due to fluctuations in the bandwidth of the USER’s Internet connection. ACEPTO does not respond to possible problems derived from the anomalous operation of third parties involved in the technical process of the ACEPTO service, nor from failures of telecommunications networks, services provided by internet providers, collapses and cuts in telephone lines, software breakdowns , Hardware, accessibility or congestion of the transmissions, failed or interrupted computer transmissions or unauthorized acts of personnel (hackers).
You can allow, block or delete the cookies installed on your computer by configuring the browser options installed on your computer, in case you do not allow the installation of cookies in your browser, you may not be able to access any of the sections of our web.
Internet Explorer: http://support.microsoft.com/kb/196955
Safari web: http://support.apple.com/kb/PH5042, Safari ios: http://support.apple.com/kb/HT1677 acepto.es does not use “spamming” techniques and will only treat the data that the user transmits through the electronic form enabled on this website or email messages.
9.2 Obligation to make correct use of the PORTAL
The USER agrees to use the PORTAL in accordance with the law, morals, good customs and public order and with these GENERAL CONDITIONS. You are obliged to use the PORTAL in a diligent, correct and lawful manner.
ACEPTO does not control or guarantee the absence of viruses or other elements in the Contents that may cause alterations in the computer system (software and hardware) or in the electronic documents and files stored in the USER’s computer system.
9.3 Denial and withdrawal of access to the PORTAL
ACEPTO reserves the right to deny or withdraw access to the PORTAL and / or the Services at any time and without prior notice to those USERS who breach these GENERAL CONDITIONS.
10. LIMITATION OF LIABILITY
ACEPTO will be liable only for damages caused by the breach of its contractual duties in a willful manner or gross negligence. ACEPTO will not be liable for damages that exceed the usual and foreseeable for that case.
ACEPTO will not be responsible for any damage and / or loss and / or benefit no longer obtained by the USER or any other third party caused directly or indirectly by the connection and / or use and / or access to the PORTAL or to pages linked to it, not being therefore responsible for any damage and / or loss and / or benefit not obtained by the USER or any other third party due to the following causes: (i) incorrect operation, defects, failures and / or damages caused, total or partial, to all hardware or USER software; (ii) the loss, alteration and / or total or partial damage to information contained in magnetic media, disks, tapes, floppy disks and others, as well as due to the introduction of computer viruses or unwanted variations or alterations to all information, documents, files, databases, hardware and / or software.
ACEPTO is exonerated from all responsibility in the event of malfunction of the communication networks that impede the normal development of the promotion for reasons beyond ACEPTO and, especially, caused by external acts of bad faith. Any claim in this regard must be filed with the corresponding operator.
ACEPTO is not responsible for the OFFERS that are published on this PORTAL, nor does it assume any responsibility for the products and services provided by its advertisers.
Because ACEPTO is not involved in the transaction between its MEMBERS, in the event of a dispute between ACEPTO users, ACEPTO (and its directors, administrators, representatives and employees) is released from any responsibility for claims, demands or damages of any kind and nature (direct or emerging) to which it gives rise or in any way related to said dispute.
11. DATA PROTECTION
The personal data collected by ACEPTO will be incorporated into an automated file for which ACEPTO is responsible.
The personal data of the USERS will be used for the sole purpose of managing the service and sending them information about promotions and own commercial actions, as well as advertising from third parties with whom ACEPTO commercially collaborate.
ACEPTO has taken all the necessary security measures to avoid the alteration, loss, treatment or unauthorized access of the personal data of its USERS, taking into account the state of technology, the nature of the stored data and the risks to which they are exposed , whether they come from human action or from the physical or natural environment.
ACEPTO by accepting these GENERAL CONDITIONS, the right to use your e-mail, personal data and of any kind provided in the registry is kept for the advertising campaigns and commercial offers that it makes, as well as those that it makes with its collaborators advertising and / or third parties.
ACEPTO will give the USER the possibility to oppose the sending of electronic commercial communications by enabling a check box at a time prior to registration, as required by the LSSICE.
The Client authorizes ACEPTO, to transfer the essential personal data to the contracting party or the contracted party, as the case may be, so that both can contact, agree on the details of the service and close the transaction. In addition, the Client authorizes ACEPTO to use their data with the commercial relationship as a necessary requirement for contracting certain services, and to assign them to those companies with which they maintain group or commercial relationships, without prejudice to the right of access, cancellation or rectification that the MEMBER may exercise at any time and by any means, to the email address email@example.com.
The Professional User is informed that their professional contact data may be accessible by any user of the website and is responsible for treating the personal data of the users accessed through this portal in accordance with current regulations.
In the event that the professional acquires contacts of people who request a quote, ACEPTO will provide them with the sole purpose of meeting said request for a quote, any use of such data for a purpose other than that expressly stated or the communication of the same to third parties is prohibited and will constitute an infringement of the data protection regulations for which the Professional will be exclusively responsible. The professional declares that he will treat the data provided by ACEPTO in accordance with the provisions of Organic Law 15/1999, of December 13, on the protection of personal data and its Development Regulation Royal Decree 1720/2007. Once the professional has fulfilled the purpose for which the personal data of an interested party has been provided, they will be obliged to destroy such data.
The acceptance of the USER so that their data can be processed or transferred in the manner established in this paragraph, is always revocable, in accordance with the applicable regulations on replica watches protection of personal data. If your personal data or any kind requested for registration in ACEPTO change, you must modify them as soon as possible.
12. INTELLECTUAL PROPERTY
The entire PORTAL: the design, content, text, images, own brands and logos, graphics, buttons, software files, color combinations, as well as the structure, selection, arrangement and presentation of its contents, is protected by the laws on Intellectual and Industrial Property and copyright, its reproduction, distribution, public communication and transformation being prohibited, except for personal and private use. All names, images, copyrights and trademarks are the property of their respective owners, and there is no intention on the part of ACEPTO to infringe any of these rights.
Likewise, the reproduction, copying and transfer, in whole or in part, of the information contained in these pages, whatever its purpose and the means used for it, is prohibited.
By accepting these GENERAL CONDITIONS, the USER who enters reviews or comments on the PORTAL, agrees to assign to ACEPTO, the non-exclusive right, exempt from copyright, perpetual, irrevocable and totally transferable to third parties, to use, reproduce, modify , adapt, publish, translate, distribute and display such reviews and comments throughout the world and in any media. You will also grant ACEPTO the right to use the name that accompanies said review or comment, if any, in relation to said review or comment.
ACEPTO will not assume any responsibility regarding the intellectual or industrial property rights owned by third parties that are infringed by a USER.
These GENERAL CONDITIONS exclusively contain all the agreements between the parties regarding their object, without there being any other agreements, oral or written, relative to the matter than those expressly included in these GENERAL CONDITIONS.
If any of the provisions of this GENERAL CONDITIONS were declared invalid or unenforceable for any reason, the rest of the provisions will remain in force to the maximum extent permitted by law. The parties agree to replace the invalid or unenforceable provisions with other valid and / or applicable ones that are as close as possible to the intention and economic interest of the one they replace. The place of fulfillment of the obligations under these terms and conditions will be the registered office of ACEPTO.
14. NATURE OF THE LEGAL RELATIONSHIP WITH ACEPTO
The user and ACEPTO contract as independent parties, without there being any intention to create and without creating by these GENERAL CONDITIONS a partnership, a joint venture, an employer-employee relationship, a franchisor-franchisee, or an agency contract.
15. APPLICABLE LAW AND COMPETENT JURISDICTION
The parties submit, at their option, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the user’s domicile.
The USER undertakes to indemnify ACEPTO for any damage or harm that may be caused by the improper or fraudulent use of the PORTAL.