Legal notice

IDENTIFICATION

This website has been designed by Cobas Asset Management, SGIIC, SA (hereinafter “Cobas Asset Management”), holding corporate tax identification number (Spanish CIF) A-87722377, with registered address at C/ de José Abascal 45, planta 3ª in Madrid and is registered with the Companies Register of Madrid in Volume 35511, Folio 141, Sheet M-638272 and is registered with the National Securities Market Commission (CNMV) under number 251. You may contact Cobas Asset Management by telephone on +34 91 755 68 00 or by writing to the email address info@cobasam.com.

PURPOSE AND A SCOPE OF APPLICATION

Below follows the general terms and conditions governing the access, browsing and use of the web pages of the domain owned by Cobas Asset Management, as well as the liability deriving from the use of their content.

It shall be understood that the access to or the mere use of www.cobasam.com by the User implies the acceptance of the general terms and conditions that Cobas Asset Management has published at any time on its webpage. Consequently, the User must be aware of these general terms and conditions. In this regard, a User shall be understood to be any such person who accesses, browses, uses or participates in the services and activities, whether free or onerous, carried out at Cobas Asset Management.

These general terms and conditions aim to regulate the access, browsing and use of www.cobasam.com. Regardless thereof, Cobas Asset Management may establish special conditions that govern the use and/or contracting of specific services offered to Users through www.cobasam.com. Likewise, www.cobasam.com, Cobas Asset Management may allow third-party entities to advertise or provide their services. In these cases, Cobas Asset Management shall not be responsible for establishing the general and special terms to be taken into account in the use, provision or contracting of these services provided by third parties and, therefore, may not be considered liable thereto. In any case, Cobas Asset Management shall not provide the personal data of Users to such third parties.

Before using and/or contracting specific services provided by Cobas Asset Management, the user should carefully read the corresponding special conditions provided for such purpose. The use of and/or contracting of such specific services implies the acceptance of the special conditions that regulate them in the version published by Cobas Asset Management at the moment in which said use and/or contracting takes place.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

Cobas Asset Management as author of the joint work, is the owner of the operating rights of the intellectual and industrial property of www.cobasam.com, and is also the owner, or has the corresponding licence regarding the intellectual, industrial and image rights relating to the content available on said website.

Under no circumstances shall it be understood that the access and browsing by the User implies the waiver, transfer, licence or cession, either fully or partially, of said rights by Cobas Asset Management.

Subsequently, it is not permitted to delete, avoid or manipulate the copyright notice or any other data identifying the rights of Cobas Asset Management or of its owners incorporated into the content, as well as the technical protective devices, fingerprints or any other information and/or identification mechanisms that may be included or are included in the content.

It is similarly prohibited to modify, copy, reuse, exploit, reproduce, communicate publicly, re-post or make subsequent postings, load files, send by email, transmit, use, treat or distribute in any form, whether fully or partially, the content included on the www.cobasam.com website for public or commercial purposes, without the express written authorisation of Cobas Asset Management or, where applicable, the owner of the corresponding rights. In particular, Cobas Asset Management expressly opposes the reproduction of its pages and being considered as citations under the terms set forth in article 32 .1, second paragraph, of the Spanish Law on Intellectual Property

ACCESS

Users may freely access the www.cobasam.com domain and shall not be subject to any charges. However, some of these services and contents offered by Cobas Asset Management or third parties through www.cobasam.com may be subject to the subsequent formalisation of a contract for the service or product and the payment of a quantity of money in the form determined in the corresponding special conditions, in which case, these shall be expressly and clearly communicated to the User.

Whenever a User is required to register or provide personal details in order to access any of the specific services, the collection, treatment and, where applicable, the cession of or access to the personal details of the User shall be in accordance with that set forth in the Privacy Policy available at www.cobasam.com.

The contracting of products and services through the www.cobasam.com domain by minors is strictly prohibited, and any such minor must previously obtain the consent of their parents, guardians or legal representatives, who shall be held responsible for the acts carried out by any minors in their care, in accordance with the provisions of the legislation in effect.

USE OF THE PAGE

The content included on www.cobasam.com shall be provided solely to consumers or end users. Any unauthorised commercial use thereof, or resale, is strictly prohibited without written authorisation from Cobas Asset Management.

If, for the use and/or contracting of a service through www.cobasam.com the User is required to register, the latter shall be responsible for providing accurate and truthful information. If during the registration process the User is provided with a password, the latter undertakes to make diligent use thereof and maintain said password for accessing the services secure. Subsequently, Users are responsible for the appropriate safeguarding and confidentiality of any identifiers and/passwords they are provided by Cobas Asset Management, and undertake not to transfer their use to third parties, whether temporarily or permanently, nor permit any access by external parties. The User shall be responsible for any unlawful use of the services by any illegitimate third-party using for such purpose a password obtained through the misuse or loss thereof by the User. In any case, it must be taken into account that the identification and authentication by means of username and password is a method that is less reliable compared to that of the advanced electronic signature.

By virtue of the foregoing, it is the obligation of the User to immediately inform the administrators of www.cobasam.com in writing at the email address sac@cobasam.com, or by calling +34 91 755 68 00, of any event that may permit the unauthorised use of the identifiers and/or passwords, such as theft, loss, or unauthorised access thereto, for their immediate cancellation. Until such events are communicated, Cobas Asset Management shall be held harmless of any liability that may derive from the unlawful use of the identifiers or passwords by unauthorised third parties.

The access, browsing and use of www.cobasam.com is the responsibility of the User, therefore the User undertakes to diligently and faithfully observe any additional instructions provided by Cobas Asset Management relating to the use of www.cobasam.com and its contents.

Therefore, the User agrees to use the content in a diligent, correct and lawful manner. In particular, the User undertakes to refrain from:

  1. a) using its contents and services for purposes that are against the law and the accepted rules governing moral conventions, good customs and public order;
    b) reproducing or copying, distributing, allowing public access by means of any form of public communication, transforming or modifying the content, unless it has authorisation from the owner of the corresponding rights or such act is legally permitted;
    c) using the content and, in particular, the information of any class obtained through the webpage or the services in order to send advertising, communications for the purposes of direct sales or any other class of commercial purpose, unsolicited messages addressed to a multitude of persons regardless of its purpose, as well as abstain from marketing or disseminating such information by any means.

LICENCE FOR COMMUNICATIONS

In the case that the User sends information of any type to www.cobasam.com, he/she declares, understands and accepts i) that he/she has the right to do so freely, ii) that said information does not infringe any intellectual property right, brand, patent, trade secret, or any other third party rights, iii) that said information is not of a confidential nature, and iv) said information is not harmful to third parties.

The User understands that it assumes the liability and holds Cobas Asset Management harmless for any communication that it supplies personally or is supplied on its behalf, with said liability reaching without restriction to the accuracy, legality, originality and ownership thereof.

The acceptance of these general terms and conditions implies the exclusive cession by the User of any intellectual or industrial property operating right that the User may hold in relation to the communications that it makes on www.cobasam.com.

LIABILITIES AND GUARANTEES

Cobas Asset Management does not guarantee the reliability, usefulness or accuracy of the services or the information that it provides via www.cobasam.com.

Subsequently, Cobas Asset Management does not guarantee nor may it be held liable for: i) the continuity of the content of www.cobasam.com; ii) the absence of errors in the said content nor the correction of any defects that may occur; iii) the absence of virus and/or other harmful components on www.cobasam.com or the hosting server; iv) the invulnerability of www.cobasam.com and/ or the reliability of the security measures adopted thereon; v) the lack of usefulness or performance of the contents of www.cobasam.com; vi) damages or losses caused to the user or a third party by any person infringing the conditions, rules and instructions that Cobas Asset Management establishes on www.cobasam.com or through the breaching of the security systems of www.cobasam.com. However, Cobas Asset Management states that it has adopted all the necessary measures, within its possibilities and the condition of the technology, to guarantee the functioning of www.cobasam.com and prevent the existence and transmission of viruses and other harmful components to Users.

LINKS

Links from www.cobasam.com to other websites:

When browsing www.cobasam.com the User may find links to other pages in the form of different buttons, links, banners, etc., which are managed by third parties. Cobas Asset Management does not possess the means nor the human or technical resources to know, control or approve all the information, content, products or services provided by such links to other websites from www.cobasam.com. Subsequently, Cobas Asset Management cannot assume any liability for any aspect relating to the webpage to which the link is established from www.cobasam.com, in particular, and by way of example but not limited to, its functioning, access, data, information, files, quality, and the reliability of its products and services, its own links and/or any other content in general. The establishment of any type of link from www.cobasam.com to another external website does not imply that there is any form of relationship, partnership or dependency between Cobas Asset Management and the owner of the external website.

Links on other websites to cobasam.com:

Should any User, entity or website which to establish some form of link to www.cobasam.com it must abide by the following stipulations:

  1. a) The link may redirect to the Home Page or any other of those comprising com.
    b) The link must be absolute and complete, in other words, it must take the User, by means of a click, to the URL address of Cobas Asset Management, www.cobasam.com or the URLs corresponding to the pages to be linked to, and must fully include the whole extension of the www.cobasam.com screen. Under no circumstances, unless where expressly authorised by Cobas Asset Management in writing, may the website providing the link reproduce www.cobasam.com, or include it as part of its website or within one of its “frames” or create a “browser” relating to any of the pages of www.cobasam.com.
    c) The page providing the link must not state that Cobas Asset Management has authorised the link, unless it has done so expressly and in writing. Should the entity providing the link from its web page to www.cobasam.com wish to include on its webpage the brand, name, commercial name, sign, logo, slogan or any other type of identifying element of Cobas Asset Management and/of www.cobasam.com, it must previously obtain the corresponding express written authorisation.
    d) Cobas Asset Management does not authorise the establishment of a link to www.cobasam.com from any web pages that contain material, information or content deemed unlawful, illegal, degrading, obscene, or which contravenes the generally accepted rules governing moral conventions, good customs and public order.

Cobas Asset Management does not possess the means nor the human or technical resources to know, control or approve all the information, content, products or services provided by other websites that have established links to www.cobasam.com. Cobas Asset Management does not assume any type of liability for any aspect relating to www.cobasam.com established by this link to www.cobasam.com, in particular, and by way of example but not limited to, its functioning, access, data, information, files, quality, and the reliability of its products and services, its own links and/or any other content in general.

Services provided by third parties through www.cobasam.com:

Cobas Asset Management does not guarantee the lawfulness, reliability, usefulness, accuracy, or veracity of the services provided by third parties through www.cobasam.com or those for which Cobas Asset Management acts solely as a means of advertising.

Cobas Asset Management shall not be held liable for any damages or loss of any nature caused by the services provided by third parties through www.cobasam.com, and in particular, by way of example but not limited to, those caused by:

  1. a) non-compliance with the law or generally accepted rules governing moral conventions, good customs and public order;
    b) the incorporation of a virus or any other computer code, files or programs that may damage, interrupt or impede the normal functioning of any software, hardware or telecommunications equipment;
    c) the infringement of intellectual and industrial property rights, trade secrets or contractual commitments of any class;
    d) the performance of acts that constitute false, misleading or unfair advertising and, in general, which constitute unfair competition;
    e) the lack of veracity, accuracy, quality, relevance and/or updating of the contents transmitted, disseminated, stored, received, obtained, made available or accessible;
    f) the infringement of the right to honour, personal and family privacy and the individual’s image or, in general, any type of third party rights;
    g) the unsuitability for any type of purpose and the disappointment of the generated expectations, or the vices or defects that may be generated with regard to third parties;
    h) the non-compliance, delay in compliance, defective compliance or termination on any grounds of the obligations contracted by third parties and contracts entered into with third parties.

DURATION AND AMENDMENT

Cobas Asset Management may amend the terms and conditions stipulated herein, either fully or partially by publishing any change thereto in the same manner in which these general terms and conditions appear, or by any other means of communication addressed to the Users.

The temporary duration of these general terms and conditions therefore coincides with the duration of their exposure, until they are fully or partially amended, at which time the modified general terms and conditions shall enter into effect.

Notwithstanding the provisions set forth in the special conditions, Cobas Asset Management may terminate, suspend or interrupt, at any time, and with no prior notification, access to the contents of the page, and the User shall not have any right to claim compensation. In the event of such termination, the prohibitions on the use of the content detailed above in the general terms and conditions shall remain in effect.

GENERAL ASPECTS

The headers of the different clauses are informative only, and shall not affect, qualify or expand the interpretation of the general terms and conditions.

In the case of a discrepancy between that set forth in these General terms and conditions and the special conditions of each specific service, that set forth in the latter shall prevail.

In the case of any clause or clauses contained within these general terms and conditions being considered null or inapplicable, either fully or partially, by any court or competent administrative body, this nullity or inapplicability shall not affect the other clauses of the general terms and conditions nor the special terms and conditions of the different services of Cobas Asset Management.

The exercise or non-exercise by Cobas Asset Management of any right or provision contained within these general terms and conditions shall not be considered as a waiver thereof unless recognised and agreed in writing.

JURISDICTION

The relationships established between Cobas Asset Management and the User shall be governed by the provisions set forth in the applicable law and competent jurisdiction. Notwithstanding, in the cases in which the legislation provides the possibility of the parties submitting themselves to a jurisdiction, Cobas Asset Management and the User expressly renounce any other jurisdiction that may correspond them and submit themselves to the courts of the city of Madrid, Spain.