JUDICIAL ADVICE

LEGAL NOTICE AND TERMS AND CONDITIONS OF USE

SITE OWNER

eWebtrans AG
CHE-108.727.514
Stadtturmstrasse 19
5400 Baden Switzerland
Phone: 0041.22.501.71.48
Geneva Commercial Register no. 20494, page 0/3211137


INTRODUCTION

Pursuant to Act 34/2002 on Information Society Services and Electronic Commerce (LSSICE in Spanish), for the transposition of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, and Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers’ interest, we inform you that www.ewebtrans.com provides access to the website of the company eWebtrans AG, its services, solutions and content, consisting of an Internet platform specialising in the haulage sector.
Accessing of www.ewebtrans.com by any Internet user implies acceptance of and compliance with these general terms and conditions of service and any other particular condition of service where applicable.
This site has been designed to make known and allow general access by all users to the information, activities, products, services and/or solutions offered by WEBTRANS.
Access to certain content offered through this website may be subject to certain particular conditions of its own, which replace, complete and/or modify these general terms and conditions, as applicable. Therefore before accessing and/or using this content the user must read the relevant particular conditions carefully.


TERMS AND CONDITIONS OF USE OF THE SITE

1. GENERAL ACCESS

www.ewebtrans.com is a website freely accessible to Internet users.
Use of this site by any person confers the status of site user and entails adherence to these terms and conditions in the version published at the time it is accessed. WEBTRANS therefore recommends that users read the terms and conditions of use carefully every time they access the site.
WEBTRANS accepts no liability for damage caused by improper use of the service.

2. PRIVATE ACCESS – CLIENT AREA

To access some of WEBTRANS’s services and/or solutions you need to have been registered by the company and to have a username and a password, which are personal and non-transferable, and you undertake to ensure that they are kept confidential.
WEBTRANS accepts no liability for improper use of the private part of the site by using passwords in the user’s name. The user accepts liability for any misuse or unauthorised access that may be made by third parties via the username and password for accessing the private part of the website. WEBTRANS accepts no liability for damage caused by improper use of the service.
You undertake to inform WEBTRANS immediately of any loss, theft or similar circumstances that could endanger the confidentiality of the username and password.

2.1 TERMS AND CONDITIONS OF ACCESS AND USE OF THE SITE

2.1.1. Free access to the site
Access to the general site is free of charge for users. 2.1.2. Obligation to use the service properly
The user undertakes to use the service in accordance with law and with these general terms and conditions, as well as with generally accepted morals, proper conduct and public order. The user undertakes to refrain from using the service for ends or purposes that are illicit, contrary to the provisions of these general terms and conditions, detrimental to the rights and interests of third parties, or that could in any way damage, disable, overload or impair the service or prevent normal use or enjoyment of the service by users.
2.1.3. Liability for damage

The user shall be liable for damage of any kind that WEBTRANS may suffer as a result of failure to comply with any of the obligations to which he or she is subject by virtue of these general terms and conditions or by law in relation to use of the service. 2.2. DISCLAIMER OF WARRANTIES AND LIABILITY

2.2.1. Availability, continuity, usefulness and fallibility

WEBTRANS does not guarantee the availability and continuity of operation of the service. When it is reasonably possible to do so, WEBTRANS will give advance warning of interruptions to the operation of the service. Nor does WEBTRANS guarantee the usefulness of the service for carrying out any particular activity, nor its infallibility, and in particular, though not exclusively, it does not guarantee that users will be able to effectively access the various pages that make up the service, nor that information, data or content will be effectively transmitted via this service to third parties, nor that information, data or content will be effectively received from third parties.

WEBTRANS disclaims any responsibility for damage of any kind due to lack of availability or continuity of operation of the service, falling short of the usefulness that users may have expected from the service, or faults in the service, including but not limited to faults in accessing the various web pages in the service, as well as faults in the transmission or reception of information, data or content.

2.2.2. WEBTRANS has no obligation to supervise and does not supervise the use users make of the service. In particular, WEBTRANS does not guarantee that users use the service in accordance with these general terms and conditions nor that they do so diligently and prudently. Nor does WEBTRANS have an obligation to verify and it does not verify the identity of users, nor the truthfulness, validity, exhaustiveness and/or authenticity of the data that users provide about themselves to other users.
WEBTRANS disclaims any liability for damage of any kind due to use of the service by users or to the lack of truthfulness, validity, exhaustiveness and/or authenticity of the information that users provide to other users about themselves, and in particular, though not exclusively, for damage due to impersonation of a third party by a user in any kind of communication carried out via the service.

2.3. DENIAL OF USE OF THE SERVICE

WEBTRANS reserves the right to deny use of the service to users that breach these general terms and conditions and to prevent or remove communications made by them, at any time and without needing to give notice.
2.4. DURATION AND TERMINATION

Provision of the service is, in principle, of unlimited duration. Nevertheless, WEBTRANS is entitled to terminate or suspend provision of the service. When it is reasonably possible to do so, WEBTRANS will give prior warning of the termination or suspension of provision of the service.
If you have any suggestions or proposals for collaboration, write to us by e-mail at info@ewebtrans.com

INTELLECTUAL PROPERTY (Issue of registered trademarks)

“WEBTRANS” , “EWEBTRANS”, “WEBSECURE”, WEBFINANCE”, “WEBTRACKING” and “WEBTENDER” are duly registered trademarks and therefore any use of them or of any similar identifying sign that could give rise to confusion on its origin or ownership by third parties without prior written authorisation from eWebtrans AG is expressly prohibited.
www.ewebtrans.com is a domain registered by eWebtrans AG. This domain may not be used, except with express prior authorisation, in connection with other services not in any way connected with the company that could cause confusion among our clients or harm our company’s reputation.
The whole of this website: description and characteristics, text, images, trademarks, logos, buttons, software files, colour combinations, as well as the structure, arrangement and presentation of its content, is protected by Spanish and international intellectual and industrial property laws.
In no case does accessing this site imply any kind of total or partial waiver, transfer or assignment of the rights over intellectual and industrial property conferred by Spanish and international legislation.
Reproduction (except temporary downloading from the website to the hard drive of the user’s computer or to servers), copying , use, distribution, re-use, exploitation, making of second copies, sending by mail, transmission, modification, assignment or any other act performed with all or part of the information contained in this website that has not been expressly authorised by the owner are prohibited.
The user undertakes to use the content diligently, properly and legitimately, and in particular undertakes to refrain from suppressing, evading or manipulating the copyright notice and other data identifying the rights of WEBTRANS or of its owners incorporated into the content, as well as the technical protection devices or any information mechanisms that may be included in the content. The user shall also refrain from using the content, and particularly information of any kind obtained through the site, to send advertising, communications for commercial purposes or unsolicited messages addressed to multiple persons, regardless of their purpose, and shall also refrain from marketing or disseminating that information in any way.

LIABILITY AND OBLIGATIONS

LIABILITY WITH RESPECT TO CONTENT

The content of this website is of a general nature and its aim and purposes are exclusively to provide information about our services and our business activity, and may not be deemed to constitute a professional relationship of any kind with the user.
The user must bear in mind that such material may not contain the latest updates. It may be modified or removed by WEBTRANS without prior notice. No binding effect shall result from any information provided through this website.
The company disclaims any liability in respect of any decision adopted by users of the website as a consequence of the information contained in it, particularly in respect of the technical features of cables.
WEBTRANS rejects liability for any information it has not itself formulated or whose publication it has not authorised in its own name, as well as liability derived from misuse of the content, and reserves the right to update, remove or temporarily or permanently limit or prevent access to the content.
LIABILITY WITH RESPECT TO LINKS TO OTHER PAGES

Links included in the website are of a purely informative nature, and therefore WEBTRANS does not monitor or verify any information, content, products or services provided via such websites. Consequently WEBTRANS accepts no liability of any kind for any element of such pages, particularly their content.
LIABILITY IN THE EVENT THAT THIS PAGE IS THE DESTINATION OF A LINK INCLUDED IN ANOTHER PAGE

With regard to links to this site established by other pages, and also if any user, organisation or website wishes to establish any kind of link to the WEBTRANS site, they must abide by the following stipulations:
Links may only direct to the homepage.
The link must be absolute and complete, that is, it must take the user to WEBTRANS’s own address and must fully embrace the whole height and width of the homepage screen. In no case, except with express authorisation in writing from WEBSTRANS, may the page that makes the link reproduce WEBSTRANS’s website in any way, include it as part of its own website or in one of its frames or create a browser on any of the pages of the site.
No erroneous or incorrect indication of any kind shall be given about any of WEBTRANS’s pages.
If the site making the link wishes to include any distinguishing sign of WEBTRANS, such as trademarks, logos and name, it must have written authorisation to do so. The owner of the page offering the link must act in good faith and not seek to adversely affect WEBTRANS’s reputation or good name.
Except with express authorisation from WEBTRANS, registering text elements of WEBTRANS’s trademark or logo, domain name or company name as keywords (metatags or metanames) for website searches carried out through search engines is prohibited.
WEBTRANS does not accept liability of any kind for any issue relating to the web page offering the link. Establishing the link does not imply the existence of any type of relationship, collaboration or dependence between WEBTRANS and the owner of that web page.

LIABILITY FOR TECHNICAL ISSUES

WEBTRANS does not guarantee the continuity of operation of the website, nor that it will be operational and available at all times. Neither does it accept liability for direct or indirect damage, including damage to computer systems and introduction of viruses existing on the web, resulting from the Internet browsing necessary to use this website.

OBLIGATIONS OF USERS

With regard to browsing, the user undertakes to diligently and faithfully observe the recommendations WEBTRANS may from time to time establish on using the site. For these purposes WEBTRANS will address users by any means of communication via the website.

Users shall be liable for any damage WEBTRANS may suffer as a result of breach of any of the obligations laid down in this legal notice.
Users undertake not to use any of the contents WEBTRANS makes available to them to conduct activities contrary to law, morals or public order. Those who access the website must comply with applicable legislation, any codes of ethics or conduct that may be subscribed to, and the general rules for using the website. Accordingly they shall refrain from engaging in conduct including but not limited to the following:

(a) that which contravenes, disrespects or violates fundamental rights and public freedoms recognised constitutionally, in international treaties and in the rest of the legal system;
(b) that which induces, incites or promotes criminal, derogatory, defamatory, degrading or violent actions or, in general, actions contrary to law, to generally accepted morals and proper conduct or to public order;
(c) that which induces, incites or promotes actions, attitudes or ideas that are discriminatory by reason of sex, race, religion, beliefs, age or social position;
(d) that which includes criminal, violent, pornographic or degrading messages or, in general, messages contrary to law, to generally accepted morals and proper conduct or to public order;
(e) that which induces or may induce an unacceptable state of anxiety or fear;
(f) that which induces or incites others to engage in practices that are dangerous, risky or harmful to health and mental stability;
(g) that which is false, ambiguous, inaccurate, exaggerated or untimely, such that it could be misleading as to its object or the intentions or purposes of the informant;
(h) that which is protected by any intellectual or industrial property rights belonging to third parties, without the user having obtained the necessary authorisation from their owners in advance in order to carry out the use he or she makes or intends to make of it;
(i) that which violates third-party business secrets;
(j) that which is contrary to people’s right to honour, personal and family privacy or image;
(k) that which infringes regulations governing secrecy of communications;
(l) that which constitutes illicit, deceitful or unfair advertising and, in general, that constitutes unfair competition;
(m) that which because of its characteristics (such as format, length, etc.) causes difficulties in the normal operation or the service or breaches the technical requirements or specifications established for accessing the website.

DURATION AND MODIFICATION

WEBTRANS will have the right to modify the terms and conditions stipulated herein unilaterally, in whole or in part. Any change will appear in the same form as in this legal notice.
The period of validity of this legal notice therefore coincides with the time during which it is displayed, until such time as it is modified in whole or in part by the company.
WEBTRANS may unilaterally terminate, suspend or interrupt the operation of this website, without the user being able to seek any compensation. Following such termination, the user must destroy any information that he or she possesses about WEBTRANS in any format and has obtained through the site or through communications sent individually to the user by WEBSTRANS.

APPLICABLE LAW AND JURISDICTION

For any dispute related to these terms and conditions of service the parties agree to be expressly subject to the courts of Geneva (Switzerland) and to the relevant Swiss legislation.