LEGAL NOTICE, GENERAL TERMS AND CONDITIONS OF USE AND USER INFORMATION
Text updated on 13 September 2013
Banco Santander S.A. provides Internet users (hereinafter, individually, the User, and jointly, the Users) with the websites Santander Grants y Agora (hereinafter, the Websites or the Portals) free of charge. Access to the Websites and the use of their services and/or contents shall be governed by the provisions of these General Terms and Conditions (hereinafter, the General Terms and Conditions).
1. Legal Terms and General Terms and Conditions
Please read the following General Terms and Conditions carefully. These Websites give access to pages made available to Internet users free of charge. By accessing these address and any of their pages you will be considered a user and it will be presumed that you accept these General Terms and Conditions. Access to any of these Website pages may be limited by the laws and provisions of the various jurisdictions of the countries.
2. Purpose and amendment of the terms and conditions. Definition of the “Santander Grants” and “Agora” Portals. Entity responsible for the Portals.
Banco Santander S.A. provides the users with the option to navigate, accessing the contents and services of the Portals, providing that they do so in accordance with the provisions of these General Terms and Conditions.
In any case, Banco Santander S.A. reserves the right to amend or cancel the content, structure, design, services and terms and conditions of access and/or use of these websites, at any time and without the need to provide prior notice, if considered appropriate, and the right to interpret these General Terms and Conditions in relation to any issues that may lead to their application.
The Portals that Banco Santander S.A. makes available to Internet users and the owner and entity responsible for the portals (jointly referred to in this document as Santander or Grupo Santander) includes both Banco Santander S.A. and its subsidiaries.
These Websites are owned by Banco Santander S.A., an entity registered with the Bank of Spain under registration number 0049, with registered office at Santander, Paseo de Pereda, 9-12 and Tax Identification Number (Código de Identificación Fiscal) A-39000013.
All the products and services provided by Grupo Santander are subject to the legislation in force and under the supervision, as applicable, of the Bank of Spain, the Spanish Stock Market Commission (CNMV) and the other regulatory authorities.
Registration in either of the “Santander Grants” and “Agora” websites automatically involves the inclusion of the personal data provided in both Portals. The data requested from the user upon registration are those strictly necessary to achieve the purpose for which each of the Portals is intended, which is the access to the various services offered on the Portals. In no case shall the data be used for purposes other than those for which they were voluntarily entered on the Websites.
3. Requirements for access and use of the Portal services and contents.
Some of the Portals' services may only be used by registered Users.
Access to and/or use of the Portals is entirely voluntary and confers the status of User on whomever does so. Upon access, all Users, regardless of whether or not they are registered in any of the Portals, accept, without limitation or qualification, the content of these General Terms and Conditions and, if applicable, any "Specific Terms and Conditions" that may supplement, replace or amend these General Terms and Conditions in any respect in relation the services and contents of the Portals. As a result, Users must read all the terms and conditions carefully before accessing and using any Portal service, entirely under their own responsibility.
In any case, Grupo Santander reserves the right, at any time and without the need to provide prior notice, to deny access to their Portals or deactivate or delete any registered Users that fail to comply with these General Terms and Conditions or any Specific Terms and Conditions that may apply.
4. General Principles - User Responsibility Sending sales information.
The User undertakes to use the services and contents that the Portals provide in accordance with the applicable legislation in force, as set out in clause 11 of these General Terms and Conditions, the principles of good faith and generally accepted behaviour and not to violate public order or the provisions of these General Terms and Conditions through his/her conduct in using the Portals. Any use for illicit purposes or that may impair or prevent, damage and/or overload, in any way, the use and normal operation of the Portals, or that may directly or indirectly threaten the Portals or any third party are strictly prohibited.
The Users of either of the Portals shall not send, using the services, tools, utilities, assessments or comments on the contents of the Portals, anything that may be damaging to the values and dignity of any person or persons, pursuant to the national and international laws on the protection of human rights.
The Users of either of the Portals undertake to provide true and accurate information about themselves on their registration forms and to provide an e-mail address registered in their own name as the external e-mail address.
Likewise, the reproduction, distribution, transmission, adaptation or amendment of the web contents of the Portals (texts, drawings, graphics, information, databases, sound and/or image files, logos and other elements of these sites), by any means and in any form, is prohibited, unless authorised in advance by their legitimate owners and when it is permitted by the law.
As regards the contents described above, their use for any business or advertising purpose other than that which is strictly permitted, if applicable, and the violation of any rights arising from said content is likewise prohibited.
5. Conditions to be complied with by users that wish to set up a hyperlink between their websites and the Portals.
The reproduction of Portal sites by means of hyperlinks from other portals or websites is prohibited; only access to the Portal sites is permitted via the Portals.
In no event may it be intimated that Grupo Santander authorises the hyperlink or that it supervised or undertook, in any way, the services or contents provided by the website to which the hyperlink is created.
The making of false, incorrect or inaccurate statements or references on Grupo Santander websites and services is prohibited.
The website from which the hyperlink is set up may not bear any banner or mark that refers to the Portals, except the distinctive marks included in the hyperlink itself.
The creation of any kind of navigator, program, browser or border environment on the Portal websites is expressly prohibited.
The inclusion of any contents that violate the rights of third parties, are immoral or likely to cause offence, or of illicit content or information in the website with which the hyperlink is set up is strictly prohibited.
The existence of a hyperlink between the website and the Portals does not imply the existence of relations between Grupo Santander and the owner of said website, nor the acceptance or approval of its contents and services.
6. User Responsibility. Use of the Agora social network. Adding comments to blogs and forums. Use of e-mail and security measures.
6.1.- User responsibility.
The User accepts sole responsibility for the use of any of the Portals and for compliance with these General Terms and Conditions in their entirety. As a result, the User undertakes to keep secret his/her access codes, passwords or other similar data assigned in order to access any of the Portals or any of their services, regarding them as private and confidential. Likewise the User accepts liability for any damages of any nature arising from his or her own improper use of the Portals or their services or improper use by third parties, affecting both the User, considering the damages that the User may suffer as a result of his/her negligence, and any damages that Grupo Santander may sustain as a result of failure to comply with these General Terms and Conditions.
6.2.- Use of the Agora social network.
Using the Agora social network services (hereinafter, the Agora Network, or simply, the Network) that the Portal provides to its Users, the User may share information, communicate and connect with friends and contacts of the various users that make up the Agora Network.
As regards the use of said Network services, the User undertakes the following obligations:
- The User shall use the Network services for personal use and never for financial or business purposes, unless authorised in advance by Grupo Santander.
- The User shall not provide false personal information on the Network and shall have sole responsibility for the correct and truthful provision of his/her personal data.
- The User shall not create any accounts under a false profile, nor impersonate others without their authorisation.
- The User undertakes to use the Network and its contents in a reasonable manner.
- The User undertakes to ensure that any contents that he/she may publish on the Network do not violate the regulations in force, intellectual property rights, contract rights or any other rights that any individual or public or private legal entity may hold.
- The User shall not host, store, divulge or publish any contents, images or opinions that may be harmful, offensive or intimidating for other users, that violate fundamental rights regarding personal honour and reputation, the image and the personal privacy of others and their families or any other applicable regulations; or that are illicit or illegal, or that are in bad faith, immoral or threaten public order, including but not limited to contents that are offensive, incite racism, intolerance of any person or group of persons, obscene, pornographic or that promote false, defamatory or slanderous information.
- The User shall not use the Network service in order to acquire or collect contact information of other Users in order to send them unsolicited communications and/or information.
- The User shall not use the Network in order to send publications, sales information, illicit, immoral or promotional offers, or to send unsolicited mass and/or repetitive e-mails (spam) to Users.
Grupo Santander shall not be liable, under any circumstances, for the improper use of the Network and its contents owing to the wilful misconduct or negligence of the User. The User accepts sole liability for any damages that may arise from his/her improper use of the Network and its contents or breach of the provisions of these terms and conditions. The User undertakes to hold harmless Grupo Santander from claims or penalties that the User may receive from individuals or public or private entities owing to said violations, and from damages of any kind that may be sustained as a result of said violations.
Grupo Santander may withdraw any content or information published on the Network if they deem that it violates these User obligations or if Grupo Santander receives a complaint from a third party for violations of these terms and conditions or because it may be damaging to the latter.
Grupo Santander reserves the right to suspend and/or cancel the User's account in their respective Portals, without the need to provide prior notice and without any compensation whatsoever, if they deem, on a discretionary basis, that there has been any serious breach of these terms and conditions of use of the Network by the User.
6.3. Adding comments to blogs and forums.
As regards adding comments to the blogs and forums that may be created on the Portals, the User undertakes not to add comments that may be offensive, defamatory, damaging or slanderous to third parties, immoral, a threat to public order or the dignity of any person or persons, or that may be illicit or illegal or cause damage to third parties in any other way.
Grupo Santander reserves the right to withdraw immediately from the blogs and forums on their respective Portals, without prior warning, any comments that in their opinion do not comply with the provisions of the paragraph above.
6.4. Use of e-mail and security measures.
As regards the use of the e-mail service, if this service is available on any of the Portals, the User undertakes to use his/her e-mail account exclusively for private and non-profit purposes. The use of the Portal e-mail accounts for professional, sales or business purposes (such as the designation of this account as the contact address for activities of this kind), in order to send spam or for illegal, fraudulent, abusive or dishonest activities is expressly prohibited. Grupo Santander shall have the right to cancel e-mail accounts should it suspect that they are used to perform any of the aforementioned activities and deactivate the Users that hold the accounts in question.
In compliance with the provisions of the regulations in force, Grupo Santander informs its Users that the e-mail service in the Portals that offer it has the following security measures: hosting on high-availability servers, antispam, antivirus, firewall and load balancing systems and password-only access for the technicians responsible for their maintenance.
Any violation of these General Terms and Conditions may give rise to the applicable civil or criminal legal or out-of-court proceedings against the user, who shall hold harmless Grupo Santander from any claims, legal action or damages that may be sustained as a result of said violation.
7. Exclusion of Guarantees and Liability.
Grupo Santander does not guarantee or accept legal responsibility, in any case or circumstance, for the following situations and contents, or for any damages that may arise as a result of:
- Lack of availability, continuity, access, maintenance and effective operation of the Portals and/or their services and updating, accuracy, exhaustiveness, relevance, interest and reliability of their contents, for any reason whatsoever and regardless of the difficulties or problems of a technical or other nature that may be the cause of said situations.
- The transmission and/or existence of viruses, other elements or programs that are harmful to the Users' equipment that may affect them as a result of access, use or visiting of the website, or that cause changes in their electronic documents or files.
- The illicit, negligent or fraudulent use or use impersonating others or violating the content of these General Terms and Conditions, good faith, generally accepted behaviour or public order, of the Portals, their contents and services by the Users.
- With the exception of those marks that make up part of the hyperlink itself, the website in which the hyperlink is set up shall not contain any trademark, trade name, sign, name, logo, slogan or other distinctive marks belonging to Grupo Santander.
- Breaches or violations of the laws, customs or practices in force regarding intellectual property rights, industrial property rights, trade or contract secrets, or third party rights to privacy, honour and reputation, image, property, publicity or competition, among others.
- Faults or defects in the contents and/or services accessed through the Portals.
- Reception, storing, obtaining, distribution or transmission of the contents of the Portals by the Users.
- The knowledge of any information that unauthorised third parties may possess or use on the features and circumstances of use of the contents and services of the Portals by the Users.
- Failure of third parties to comply with their obligations or guarantees arising from or agreed by contract in relation to the services provided to the Users through the Portals, or the lack of quality, reliability, fulfilment of commitments, usefulness or availability of the services provided by third parties and made available to the Users on said websites.
The above list is intended as an example only and under no circumstances should any of the points be regarded as exclusive or exclusionary. In all cases, GRUPO SANTANDER EXCLUDES ALL LIABILITY FOR DAMAGES OF ANY NATURE ARISING DIRECTLY OR INDIRECTLY FROM THE SITUATIONS DESCRIBED ABOVE OR FROM ANY OTHER SITUATIONS WITH SIMILAR CHARACTERISTICS NOT SPECIFIED ABOVE.
The contents of the Portals many include links to sites belonging to and/or managed by third parties in order to provide access to information and services available on the Internet.
Grupo Santander does not accept any responsibility arising from the existence of links within the contents of the Portals and contents located outside of the Portals or any other mention of contents outside this site. Said links or mentions are provided for information purposes only and in no case imply the support, approval, sale or any relationship whatsoever between Grupo Santander and the persons or entities that publish and/or manage the contents or owners of the sites where they are published, or any guarantee by Grupo Santander of the proper functioning of the linked sites or contents.
In this regard, the User undertakes to employ the utmost care and prudence in the event of accessing or using the contents or services of any sites accessed by means of the aforementioned links.
9. Financial and Stock Market Information.
This Website does not provide investment recommendations of any kind, nor legal, tax or any other kind of advice and nothing included in the Website should be taken as a basis for investment or decision-making. Furthermore, the information contained in this Website is published for general use and does not take into account specific investment objectives, financial situations or the particular needs of any Person. Before deciding on any investment, you should obtain adequate and specific professional advice. The value of investments may rise or fall; the investor should take this circumstance into account, even at the risk of not recovering the amount invested, in whole or in part. Likewise, the report of past profits does not constitute the promise or guarantee of future profits.
The contents of this Website are for information purposes only and in no circumstances should be used or considered as an offer of sale, request for an offer to purchase or recommendation to perform any other transaction, unless expressly indicated otherwise. Any decision to purchase by the recipient should be made taking into account existing public information on the value and, if applicable, considering the content of the prospectus registered with the Spanish Stock Market Commission (CNMV) (http://www.cnmv.es), available both from that organisation, the relating Market Governing Body (Sociedad Rectora) and through the issuing company.
RESTRICTIONS IN THE UNITED KINGDOM: Persons that perform their investments outside of the United Kingdom through a Grupo Santander entity that is not based in the United Kingdom shall not be covered by the investor protection laws and regulations of the United Kingdom. These include rights to certain compensation, rights to cancellation, access to claims, arbitration and other organisations.
The publications and reports included on this Website which, if applicable, have been issued in the United Kingdom, must have prior approval from the Banco Santander, S.A. branch in London, which is governed by and under the supervision of the Financial Services Authority.
RESTRICTIONS FOR UNITED STATES CITIZENS (including any citizen or resident in the United States of America or any legal entity incorporated in or by virtue of the laws of the United States, or any political subdivision of that country): If you are a United States citizen or you are accessing this Website from the United States of America (including its territories, possessions and the District of Columbia), please be informed that Grupo Santander, through this page, offers you the option to purchase and obtain information on unregistered securities according to the U.S. Securities Act of 1933 and its relating reforms. Pursuant to the aforementioned Act, said securities must not be bought, transferred, delivered or sold (directly or indirectly) in the United States of America, except when the US laws and regulations on securities allow it, either through their registration or exemption.
Grupo Santander does not accept liability, in any case, for losses, damage, penalties or any other damage that may arise, directly or indirectly, from the use of this Website or its contents by United States investors.
INFORMATION FROM THIRD PARTIES REUTERS: Grupo Santander may include information from third parties on its Website , or have relationships with issuing entities, negotiate securities or other investments, maintain positions in such companies, act as a market creator or support the business of the companies mentioned in a publication or analysis report. Grupo Santander does not accept any liability for any loss, direct or indirect, as a result of the use of said publications or analysis reports. Furthermore, this information may not be reproduced, distributed or published by any recipient, regardless of the purpose.
The Reuters content is the intellectual property of Reuters. Any form of copying, publication or distribution of the Reuters content, without the prior consent of Reuters, including cache techniques, frames or similar media is expressly prohibited. Reuters is exempt from all liability relating to any mistake or delay in the content or any action undertaken based on said error or delay. Reuters and the Reuters Logo are registered trademarks of the Reuters group of companies around the world. For further information, please visit the Reuters website - http://www.reuters.com
10. Intellectual and Industrial Property Rights.
These Websites are the property of Banco Santander, S.A.. The Intellectual Property rights and exploitation and reproduction rights of these Websites, its pages, screens, the information they contain, their appearance and design, as well as the hyperlinks that are set up from this Website to other websites of any company belonging to Grupo Santander are the exclusive property of the latter, unless otherwise specified. All the names, designs and/or logos that make up this Website are duly registered trademarks. Any improper use of these by persons other that their legitimate owner may be pursued in accordance with the legislation in force. The intellectual property rights and trademarks of third parties are appropriately distinguished and must be respected by all those who access the Website. The download of contents, copying or printing of any page on this Website is permitted for personal and private use only. The reproduction, transmission, amendment or removal of the information, content or notices on this Website without the prior written authorisation of Banco Santander, S.A. is prohibited.
The texts, designs, images, databases, logos, structure, trademarks and all other elements of the Portals are protected by international law and agreements on intellectual and industrial property. Any reproduction, transmission, adaptation, translation, amendment, communication to the public or any other use for profit of all or part of the content of this site, performed in any form or by any means, be it electronic, mechanical or otherwise, is strictly prohibited without the prior written authorisation of Grupo Santander. Any violation of said rights may give rise to the applicable civil or criminal legal or out-of-court proceedings.
Grupo Santander does grant any permission or authorisation of any kind to use the intellectual and industrial property rights or any other property or right relating to the Portals or their services or contents.
The legitimacy of the intellectual or industrial property rights relating to the contents contributed by third parties is the exclusive responsibility of said third parties.
In order to protect any intellectual property rights, in the event that any User or third party deems that their legitimate rights have been violated by the placing of specific content on the Portals, the User or third party must provide written notification of the situation and the Portal where the violation of rights took place to Grupo Santander, indicating:
- Personal data identifying the interested party that owns the rights allegedly violated. If the claim is submitted by a person other than the interested party, the capacity in which he or she is acting should be indicated.
- Indication of the contents protected by the intellectual property rights and their location on the Portals.
- Proof of existence, ownership and validity of the aforementioned intellectual property rights.
- Declaration in which the interested party expressly takes responsibility for the truth of the data and information provided in the notification referred to in this point.
11. Applicable legislation.
These General Terms and Conditions shall be governed by Spanish law.
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