Legal Notice

GENERAL CONDITIONS OF USE OF THE WEBSITE https://of1capital.com/

1. GENERAL INFORMATION
   

These General Conditions regulate the use (including mere access) and operation of the https://of1capital.com/ website. In compliance with the provisions of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, the website https://of1capital.com/ is the property of:

• OF1 CAPITAL, S.L. (hereinafter, OF1 CAPITAL, S.L.).
• Address for notification purposes: C/ Avda. Valdemarín, 102 F. Postal code: 28022, Madrid.
• E-mail: jameswigan@of1capital.com
• TAX ID: B06919468

 

2. ACCEPTANCE OF THE TERMS OF USE

The use of this website confers to the user the condition of User of the site, which implies adherence to these General Conditions in the version published at the time of accessing the site. Therefore, OF1 CAPITAL, S.L. recommends the User to read them carefully each time he/she accesses the website.

Consequently, it is the responsibility of all visitors and/or Users to carefully read these General Conditions of Use in force each time they access this website, so if they do not agree with any of the conditions set forth herein, they should refrain from using this website.

OF1 CAPITAL, S.L. may alter at any time and without prior notice to the user, the design, presentation and/or configuration of the Web site, as well as some or all of the Contents, and modify the general conditions and/or specific conditions required to use them.

3. USE OF SITE

The User is aware and voluntarily and expressly accepts that the use of the site https://of1capital.com/ is in any case under his sole and exclusive responsibility.

In using the site https://of1capital.com/, the User undertakes not to carry out any conduct that could damage the image, interests and rights of OF1 CAPITAL, S.L. or third parties or that could damage, render useless or overload the site, or that could prevent, in any way, the normal use of the site.

The Contents of the site of1capital.com are made available to the User with information from both own and third party sources.

The inclusion of Contents in the site https://of1capital.com/ does not constitute in any way the provision of a service. The User acknowledges that, insofar as the application of the law to specific cases is not automatic, but may vary depending on a wide range of circumstances. Therefore, OF1 CAPITAL, S.L. advises the User not to make decisions based on the information contained in the Contents without obtaining appropriate professional advice.

OF1 CAPITAL, S.L. shall not be liable for the use made by third parties of the information published on the portal, nor for any damages suffered or economic losses which, directly or indirectly, produce or may produce economic, material or data damages, caused by the use of such information.

4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts through these General Conditions that all industrial and intellectual property rights over the contents and/or any other elements inserted in this Web site (including, without limitation, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, “look-and-feel”, audio and video), are the exclusive property of OF1 CAPITAL, S.L. and/or third parties, who have the exclusive right to use them in the course of business.

Under no circumstances does access to the website imply any kind of waiver, transmission, license or total or partial transfer of these rights, unless expressly stated otherwise. These General Conditions of Use of the Web site do not grant 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 herein. Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted for that purpose by OF1 CAPITAL, S.L. or the third party owner of the rights affected.

Claims that may be filed by Users or third parties in relation to possible breaches of intellectual or industrial property rights on any of the contents of this Web site should be sent to the following e-mail address with the following information:

1.-Name and surname, postal address and e-mail address of the affected party or, if applicable, of the person authorized to act on their behalf, indicating the title by virtue of which he/she holds the representation (hereinafter, the claimant).

2.-A declaration by the claimant stating that he/she is the owner of the allegedly infringed rights, including his/her physical or digital signature.

3.- Precise description of the contents protected by the intellectual property rights allegedly infringed, as well as their exact location within the Web site.

4.- Express declaration by the claimant that the use of the contents has been made without the consent of the holder of the allegedly infringed rights.

4.1 Domain names

In the same sense as mentioned in the previous section, the domain name of1capital.com/ and all those used for direct access to this site are the exclusive property of OF1 CAPITAL, S.L. The improper use of the same in the course of business would be an infringement of the rights conferred by its registration and will be prosecuted by the means provided for in the legal regulations.

4.2 Copyrights

The contents, texts, photographs, designs, logos, images, sounds, videos, animations, recordings, computer programs, source codes and, in general, any intellectual creation existing in this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyrights by the legislation on intellectual property.

4.3 Personal use

OF1 CAPITAL, S.L. authorizes Users to use, view, obtain a temporary copy, download and store the contents and/or elements inserted in the Web site exclusively for their personal, private and non-profit use; provided that in any case the origin and/or author of the same is indicated and that, where appropriate, the copyright symbol and/or industrial property notes of the owners appear.

The use of such elements, their reproduction, communication and/or distribution for commercial or lucrative purposes, as well as their modification, alteration or decompilation is strictly prohibited.

For any use other than those expressly permitted, it shall be necessary to obtain the prior written consent of the holder of the rights in question.

4.4 Reservation of Actions

The User of this Web site undertakes to respect the aforementioned rights and to avoid any action that could damage them, and OF1 CAPITAL, S.L. reserves the right to exercise any legal means or actions that may correspond to it in defense of its legitimate intellectual and industrial property rights.

5. EXCLUSION OF WARRANTIES AND LIABILITY

5.1 Exclusion of warranties and liability for the operation of the Website

OF1 CAPITAL, S.L. does not guarantee the availability and continuity of the operation of the website. Likewise, OF1 CAPITAL, S.L. will in no case be liable for any damages that may arise from:

1. 1. 1. Lack of availability or accessibility to the website;
      2. Interruption in the operation of the website or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in the telephone lines, in the Internet system or in other electronic systems produced in the course of its operation;
      3. The lack of suitability of the Website for the specific needs of the Users and;
      4. Other damages that may be caused by third parties through unauthorized interference beyond the control of OF1 CAPITAL, S.L.

OF1 CAPITAL, S.L. does not guarantee the absence of viruses or other elements on the website introduced by third parties unrelated to OF1 CAPITAL, S.L. that may cause alterations in the physical or logical systems of the Users or in the electronic documents and files stored in their systems.

OF1 CAPITAL, S.L. adopts various protective measures to protect the website and its contents against computer attacks by third parties. However, OF1 CAPITAL, S.L. does not guarantee that unauthorized third parties cannot have access to the type of use of the Website by the User or the conditions, characteristics and circumstances under which such use is made. Consequently, under no circumstances be liable for any damages that may arise from such unauthorized access.

5.2 Exclusion of guarantees and responsibility for the use of the Portal, services and contents by Users.

OF1 CAPITAL, S.L. shall not be liable in any case for the use that Users and/or third parties may make of the website or its contents, nor for any damages that may arise from it.

OF1 CAPITAL, S.L. excludes any liability for damages of any nature that may be due to the use of the services and contents by the Users or that may be due to the lack of veracity, validity, completeness and/or authenticity of the information that the Users provide about themselves and in particular, although not exclusively, for damages of any nature that may be due to the impersonation of a third party by a User in any kind of communication made through the portal.

5.3 Exclusion of warranties and responsibility for the Contents

OF1 CAPITAL, S.L. shall in no case be liable for any damages that may arise from:

1. 1. 1. Damages of any nature that may be due to the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of the contents.
      2. The inadequacy for any purpose and the disappointment of the expectations generated by the Contents.

6. PERSONAL DATA

The mere fact of visiting the of1capital.com website does not automatically record any personal data that identifies a User. However, there is certain information of a non-personal nature and not identifiable with a specific User that may be collected and stored in OF1 CAPITAL, S.L. Internet servers (for example, type of User’s Internet browser and User’s operating system) in order to improve User’s navigation and management of the https://of1capital.com/ site.

OF1 CAPITAL, S.L. may require from the User certain personal data for the use of certain content or services, complying at all times with EU Regulation 2016/679 and Organic Law 3/2018 of 5 December on the protection of personal data and guarantee of digital rights.

7. MODIFICATION AND TERMINATION OF SERVICES

The duration of this site is, in principle, undetermined, however OF1 CAPITAL, S.L. reserves the right to modify, suspend or terminate the provision of its services, at any time and without prior notice, as well as these General Conditions.

8. APPLICABLE LAW AND JURISDICTION

These General Conditions of Use are governed by Spanish Law. Any controversy in relation to the website https://of1capital.com/ will be settled before the Spanish jurisdiction, submitting the parties to the Courts and Tribunals of the city of Madrid, and its hierarchical superiors, with express waiver of other jurisdictions if they have and were different from those outlined.

The easiest and most effective way to request any clarification, or to make any complaint, suggestion or comment, is by sending an e-mail to the address jameswigan@of1capital.com

The fact of accessing and using this Web site implies that you accept these General Conditions.