LEGAL NOTICE

In compliance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, and in particular Article 10 thereof, the following legal notice (the “Legal Notice”) is made available to users.

Accessing, browsing, and using the website www.prophero.com and the application (together, the “Platform”) implies tacit and unreserved acceptance of all the provisions of this Legal Notice, which has the same validity and effectiveness as any contract entered into in writing and signed.

Compliance with these terms and conditions shall be enforceable against any person who accesses, browses, or uses the Platform (the “User” or “Users”). If you do not agree with the terms and conditions set forth herein, please do not access, browse, or use the Platform.

 

1. IDENTIFICATION

  • Owner: PROPHERO GLOBAL, S.L.U.
  • Address for notification purposes: Calle Cardenal Marcelo Spinola, 48, 13B, 28016 Madrid, Spain.
  • Tax ID number: B10509966
  • Public Registry: registered in the Madrid Mercantile Registry in volume 43431, Book 0, Folio 1, page M-767101.
  • Email: hello@prophero.com
  • Phone: +34 633 804 479

2. PURPOSE

This legal notice regulates access, browsing, and use of the Platform, through which we inform Users about their rights and obligations in relation to the content displayed therein, the logos and trademarks used, as well as the responsibilities that may arise from its use.

Access to the Website is free of charge, except for the cost of connection via the telecommunications network provided by the access provider contracted by Users. The main purpose of the Platform is to present PROPHERO GLOBAL S.L. to the public and provide access to its Services, which are provided through an App governed by its own Terms and Conditions.

Notwithstanding the foregoing, PropHero reserves the right to modify the presentation, configuration, and content of the Platform, as well as this Legal Notice, and therefore Users are advised to review it periodically. Access and/or use of the Platform after the entry into force of its modifications or changes implies acceptance thereof.

 

3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

PropHero is the owner or, where applicable, has the corresponding licenses for the intellectual property rights, industrial property rights, image rights, or any other similar rights relating to the Platform, as well as all content offered on it, including, but not limited to, text, images, graphics, videos, audio, and any other content that may be included in the Platform.

Including, but not limited to, photographs, illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content included therein.

Users only have a non-exclusive right of use, within a strictly personal scope and for the sole purpose of browsing the Platform in accordance with this Legal Notice.

 

4. RULES FOR USE OF THE PLATFORM

It is not permitted, and therefore its consequences will be the sole responsibility of Users, to access or use the Platform for illegal or unauthorized purposes, with or without financial gain. Specifically, and without limitation to this list, the following is prohibited:

  • use the Platform in any way that could cause damage, interruptions, inefficiencies, or defects in the functioning of these or third-party devices;
  • use the Platform for the transmission, installation, or publication of any virus, Trojan horse, worm, malicious code, or other harmful programs or files with illicit intentions;
  • use the Platform to transmit material for advertising or promotional purposes, including spam, chain emails, or similar, without the prior express written consent of PropHero;
  • use the Platform in a manner that constitutes a violation of any rights of PropHero or third parties;
  • use the Platform to transmit or publish any material that is defamatory, offensive, racist, vulgar, derogatory, pornographic, or of an obscene or threatening nature, or that may disturb, harm, or merely affect any person at PropHero’s discretion;
  • use the Platform to collect personal data from other users;
  • use the Platform illegally, contrary to good faith, morality, and/or public order;
  • access without authorization any section of the Platform, other systems or networks connected to them, any PropHero server, or the services offered through the Platform by means of hacking or falsification, password extraction, or any other illegitimate means or means established in this legal notice;
  • carrying out any action that causes disproportionate or unnecessary saturation of the Platform’s infrastructure or the systems or networks used or owned by PropHero, as well as the systems and networks connected to the Website.

Failure by Platform Users to comply with any of the above obligations may lead PropHero to take appropriate measures under the law and in the exercise of its legitimate interests.

All information provided by the User through the forms on the Platform for the above purposes or any other purposes must be truthful. To this end, the User guarantees the authenticity of all data communicated and will maintain the

information provided to PropHero is fully up to date so that it reflects the User’s actual situation at all times. In any case, the User shall be solely responsible for any false or inaccurate statements made and for any damage caused to PropHero or third parties by the information provided.

 

5. RESPONSIBILITIES AND GUARANTEES

PropHero cannot guarantee the reliability, usefulness, or accuracy of all information contained on the Platform, nor the usefulness or accuracy of the content made available to Users through it.

Consequently, PropHero does not guarantee or take responsibility for:

  • the continuity of the Platform’s content;
  • the absence of errors in said content;
  • the absence of viruses, Trojans, worms, and/or other malicious or technologically harmful components on the Platform or on the server that supplies them;
  • the invulnerability of the Platform and/or the impossibility of breaching the security measures adopted therein;
  • the lack of usefulness or performance of the Platform’s content;
  • failures of the Platform caused by any type of attack on its servers or those of third-party service providers of PropHero, as well as technical or security failures of the system of any of said providers that prevent the proper functioning of the Platform;
  • any technical failure of any kind that hinders, delays, or prevents the proper functioning of the Platform;
  • damages or losses caused to oneself or to a third party by any person who violates the conditions, rules, and instructions established by PropHero on the Platform or through the violation of security systems.

PropHero declares that it has taken all necessary measures, within its capabilities and the state of the art, to ensure the functioning of the Platform and to minimize system errors, both from a technical standpoint and in terms of the content published on the Platform.

PropHero shall not be liable for the accuracy, completeness, or updating of information published on the Platform that originates from sources outside the Platform, nor for information contained on other platforms linked to from the Platform.

PropHero reserves the right to suspend, modify, restrict, or interrupt, either temporarily or permanently, access, navigation, use, hosting, and/or downloading of content and/or use of the Platform’s services, with or without prior notice, to Users who contravene any of the provisions detailed in this legal notice, without the possibility of claiming compensation for this reason.

 

6. FORCE MAJEURE

Notwithstanding the foregoing, PropHero shall not be liable for any delays or failures in accessing, operating, or running the Platform, its content, and/or services, nor for any interruptions, suspensions, or malfunctions thereof, when these are caused by breakdowns resulting from any situation of force majeure or fortuitous cause.

Furthermore, PropHero shall not be liable for any failure or delay in performing any action when such failure or delay is due to events beyond its reasonable control (“Force Majeure”).

Force Majeure shall include any act, event, failure to exercise, omission, or accident beyond our reasonable control, including, but not limited to, the following:

  • Strikes, lockouts, or other industrial action;
  • Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparation for war;
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster;
  • Inability to use trains, ships, planes, motor transport, or other means of transport, public or private;
  • Inability to use public or private telecommunications systems;
  • Acts, decrees, legislation, regulations, or restrictions of any government or public authority.

It shall be understood that the aforementioned actions shall be suspended during the period in which the Force Majeure continues, and PropHero shall have an extension of the deadline to comply with them for a period of time equal to the duration of the Force Majeure. PropHero shall use all reasonable means to end the Force Majeure Event or to find a solution that allows it to fulfill its obligations despite the Force Majeure Event.

 

7. USER SUPPORT

Users have access to customer service through which PropHero will respond to their queries, complaints, and suggestions.

Users may access customer service via the following email address: info@prophero.es

PropHero will respond to complaints or queries as quickly as possible and, in any case, within a maximum period of one (1) month from the date the complaint was submitted.

If the business owner has not satisfactorily resolved a complaint lodged directly with them by a consumer, the consumer may refer the matter to an alternative dispute resolution entity notified to the European Commission, in accordance with the provisions of Law 7/2017, which transposes Directive 2013/11/EU into Spanish law.

of the European Parliament and of the Council of May 21, 2013, on alternative dispute resolution for consumer disputes.

Furthermore, in compliance with Article 14.1 of Regulation (EU) 524/2013 on online dispute resolution for consumer disputes, an electronic link to the European Commission’s online dispute resolution platform is provided here, available at http://ec.europa.eu/consumers/odr/

 

8. PROTECTION OF PERSONAL DATA

In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”) and Organic Law 3/2018 of December 5 on the Protection of Personal Data and Guarantee of Digital Rights (“LOPDGDD”), all personal data provided during the use of the Platform will be processed in accordance with the provisions of the Privacy Policy, which Users must read and, where applicable, accept and/or consent to.

 

9. SAFEGUARD CLAUSE

All clauses or provisions of this Legal Notice shall be interpreted independently, and the remaining clauses shall not be affected if one of them is declared null and void by a final court ruling or arbitration award. The affected clause or clauses shall be replaced by another or others that preserve the effects sought by this Legal Notice.

 

10. APPLICABLE LAW AND JURISDICTION

Access to and use of the Platform shall be governed by and interpreted in accordance with Spanish law.

In the event of any conflict or discrepancy in the interpretation and/or application of the legal notice, the competent courts shall be those provided for in the applicable legal regulations, and, where permitted, any dispute shall be submitted to the Courts and Tribunals of the city of Madrid.

 
 

2024 © All rights reserved PropHero Global S.L.

Last update: June 11, 2024