legal warning

This Website is the property of LKS INGENIERIA S. COOP. and LKS, S.COOP, LKS INGENIERIA S.COOP, registered in the Cooperatives Register of the Basque Country, folio GUI-326, entry 326, number 4/91 dated 8 May 1991, with T.I.N. number F20369153 and registered offices at Goiru Kalea  no. 7-Polo Innovacion Garai, 20500 Arrasate-Mondragon (Guipuzcoa), and LKS S.COOP, listed in the Register of Cooperative Societies of the Basque Country, folio GUI-326, entry 326, number 4/91 dated 8 May 1991, the T.I.N. number F20369153 and registered offices at Goiru Kalea No. 7-Polo Innovacion Garai, 20500 Arrasate-Mondragon (Guipuzcoa).

Please read the following general conditions carefully.  Access to the Website and the use of its contents and services implies full and unreserved acceptance of the conditions set out herein. If the user decides not to accept the current conditions he/she must abstain from accessing the Website and/or using the contents and/or services made available therein.

GENERAL CONDITIONS

AIM OF THE CONDITIONS

The aim of the present Conditions is to regulate the access and use of the web pages under the domain of lks.es and their respective sub domains and/or sub-directories (in other words, the Website). For the purposes of the present General Conditions the term Website will be understood to be:

1. The external appearance (or "look and feel") of the screen interfaces, both statically and dynamically.

2. The elements incorporated both in the screen interfaces and in the navigation tree, including, by way of illustration and not limited to, those texts, images, interpretations, photographs, videos and in general all the creations and objects expressed by any means or support, currently known or which may be invented in the future whether or not these be protected by the legal code in force  for intellectual or industrial property or any other analogous legal system (the "Contents") and all those services or resources on-line which, where applicable, are offered to the users (the "Applications").

LKS reserves the right to modify, at any time and without previous warning, the presentation and configuration of the Website and of the Contents and Services contained therein.  The user acknowledges and accepts that at any any time LKS may interrupt, deactivate and/or cancel any of the Contents and/or Services included in the Website.

ACCESS TO CONTENTS AND SERVICES

To access the Website the user must:

Have access to the Internet, either directly or indirectly via the access devices:

Have the necessary equipment and computer systems to connect to the Internet, including a terminal which is appropriate for the purpose (computer, telephone, etc.) and a modem or other analog access device or similar. For correct access, visualisation and use of certain Contents and Services in the Website, the user may need to download in his/her computer equipment certain computer programmes or other logical elements.  This installation will be the responsibility of the user, LKS renouncing any responsibility which might arise from it.  The user is obliged not to access to the Contents and/or Services of the Website by other means that are not the screen interface which LKS provides to gain access.

REGISTRATION

LKS may require you to send a registration form in order to access certain Contents and/or Services. The user, in such case, must provide the information requested. In relation to the registration process, the user is obliged to: 1.- facilitate true, exact and complete details about his/her identity and
2. update the registration details so that these continue to be true, exact and complete. The user must not choose as user names or passwords words and/or expressions which, in general, are contrary to law, moral obligations and generally accepted good manners and, in general, words and/or expressions for which there is some right which excludes their use by the user. For this purpose, the user may not choose words or expressions which are rude, insulting, slanderous or in any way similar or identical to distinguishing signs, business names, names, surnames, artistic names and/or pseudonyms of third persons.  If the user provides any false, inexact or incomplete data, or if LKS were to have sufficient reason to suspect that said information were false, inexact or incomplete, or was contrary to law or the demands of morality and generally accepted good manners, in accordance with what is established in the previous paragraph, LKS will have the right to cancel the registration and deny access and use, present or future, of the Website or any of the Contents and/or Services included therein.  The user undertakes to make diligent use of his user name and password and to keep both secret. It will be the exclusive responsibility of the user to keep his user name and password confidential,  personally accepting responsibility for any activities which are made or take place as a result of using them.  The user may cancel and deactivate his/her registration at any time using his/her user name and password. The user acknowledges and accepts that LKS reserves the right to cancel any registrations that are inactive for an unreasonable length of time. 

REGULATIONS FOR USE OF THE WEBSITE

The user undertakes to use the Website and the Contents and/or Services included diligently and correctly. Likewise, the user undertakes not to use the Website:

1. to carry out activities that are against the law, morals and accepted good manners or established public order

2. for illegal or unlawful purposes or effects,  or purposes injurious to the rights and interests of third parties, LKS renouncing any responsibility which might arise from the foregoing.

The user is hereby expressly prohibited from authorising third persons the use, total or partial, of the Website and from introducing and/or including the Contents and/or Services provided therein as his/her own business activity.  The use or application of any technical, logical or technological resources by virtue of which the users might benefit, directly or indirectly, with or without profit, from the non-authorised exploitation of the Contents and/or Services or of the Website itself is expressly prohibited. 

The user undertakes not to damage, render inoperative or impair the equipment and computer systems or telecommunications equipment of LKS or of any third party, nor the contents included and/or stored therein.  The user undertakes to refrain from using the Contents and Services in any way which might damage, render useless, overload or deteriorate the Website or impede the normal use and enjoyment of the same by third parties. 

The user undertakes not to modify the equipment and systems of LKS in any way, nor to use versions of equipment and systems modified for the purpose of obtaining non-authorised access to any Service and/or Content of the Website. The user hereby agrees not to interfere or interrupt access and use of the Website, servers or networks connected to it, nor to breach the requirements, procedures and regulations of the network connection policy.

CONTENTS AND SERVICES OF THE WEBSITE

 Information

1. The user knows and accepts that any data related to LKS of an economic-financial or strategic nature or of any other type (hereinafter, "Corporate Information") is purely for information purposes. 

2. The Corporate Information has been obtained from reliable sources, but, in spite of having taken reasonable measures to ensure that said information is not erroneous or inaccurate, LKS does not claim or guarantee it is exact, complete or up-to-date and should not be considered as if it were so.

3. The Corporate Information contained in the Website does not represent any kind of recommendation or advice and nothing which is included should be taken as the basis for undertaking operations or taking any kind of decision.

4. The Website may include information or contents facilitated by other sources different from LKS, including the very users of the Website.  LKS does not guarantee nor does it assume any kind of responsibility for the certainty, integrity, accuracy of such information and/or contents, including any situation where defamatory, offensive or illicit elements exist. 

5. In any case, and without detriment to the foregoing, referral by third parties of information and/or content to sections of public access in this Website by electronic mail or any other means, will involve the granting in favour of LKS of a non-exclusive licence, unlimited in time, worldwide in scope and free to reproduce, store, edit, modify, publish, include in databases, communicate publicly, transmit, visualise, distribute, represent, or commercially exploit in any other way, wholly or in part, such information or content owned by the user in the Website in any form or by any means or technology.  LKS reserves the right, at their sole discretion, to edit, reject or eliminate the information and/or content previously referred to. All of this within applicable limitations in accordance with legislation on matters of Data Protection.

6. The user acknowledges and accepts that LKS may conserve and reveal the information that it saves or places at the disposal of third parties in the Website provided it is:

  • required to do so by  the competent authorities and organisms:
  • necessary in order to ensure the General Conditions and/or Particular Conditions are fulfilled;
  • convenient or necessary to respond to claims related to violation or infringement of rights; or
  • convenient or necessary to protect the legitimate interests of LKS, its users and the public in general.

CONTENTS AND SERVICES EXTERNAL TO THE WEBSITE

The Website of LKS may place at the disposal of the users technical linking devices, and directories which enable them to access the web pages belonging to and/or managed by third parties. The installation of these links and search directories in the Website are intended solely to facilitate to the users the search and access to the information, contents and services available on Internet. 

Establishing the link does not necessarily mean the existence of relations between LKS and the owner of the web page containing the link, nor the acceptance and approval by LKS of their Contents or Services.

Unless otherwise expressly established, LKS does not offer or commercialise by itself or by means of third parties the information, Contents and/or  Services available on the linked pages, nor does it control them previously, approve or observe or make them its own. 

The user, therefore, must use extreme caution in evaluating and using the information, contents and services existing in the linked pages. Due to the fact that LKS has no control over the linked pages that are included in the Website, the user acknowledges and accepts that LKS does not assume any responsibility for the contents or the services to which the user might access in said pages nor for any products which are commercialised on the same. 

GUARANTEES AND RESPONSIBILITY

Unless expressly determined by law to the contrary, or express indication to the contrary, the user expressly acknowledges and accepts that LKS does not offer any guarantee of any kind, whether express or implicit on the Website, or the Contents and Services included in it, including but not limited to:

1. the availability and continuity of the functioning of the Website and, in particular, although not exclusively, that the users may effectively use the Website, the Contents and the Services, or sub domains. 

2. The levels of quality, inter-operability and functionality of the Website as well as the Services and/or Contents it includes.

3. Interruption, suspension or cancellation of access to the Website and to the Contents and/or Services included.

4. Adaptation for a particular purpose of the Website and of the Services or Contents included therein. 

5. The certainty, integrity, accuracy and/or currency of the Contents, Services, texts, graphs, links or any other elements included in the Website as well as the results which might be obtained from access and/or use of the this website or of its contents. 

6. LKS expressly renounces any responsibility for errors or omissions in the information contained in the pages of this Website, or responsibility due to lack of truthfulness, accuracy, exhaustiveness, membership and/or currency of the Contents.

7. Unauthorised access and alteration of the data stored and transmitted via this Website or of the services offered.

8. The absence of virus or other elements in the contents which might cause alteration in your computer system (software and hardware) of in the electronic documents and files stored in your computer system.  The user is aware of, and voluntarily accepts, that the use of the Website, the Services and the Contents takes place, in all events, under his/her responsibility, therefore will adopt the necessary measures for the purpose of minimising risks, including adopting security measures that are necessary to guarantee anti-virus procedures and data recovery.  Unless expressly stated otherwise by law and exclusively insofar as this is imposed, LKS neither guarantees nor assumes any responsibility with regard to access and use of the Website or of the Contents and/or Services included therein. 

FORCE MAJEUR

Without prejudice to the foregoing, LKS will not be responsible for any delays or failures that occur in the access to, the functioning and operation of the Website, its Contents and/or Services, nor of the interruptions, suspensions, or malfunctioning of the same, when arising from breakdowns caused by natural disasters such as earthquakes, floods, lightening or fire, force majeure situations, situations of extreme emergency such as war, military operations, civil disturbances, strikes, lockouts or any other force majeure or fortuitous cause. 

PERSONAL DATA PROTECTION

General Conditions

To use or have access to certain Services and/or Contents, LKS may requires users to fill in certain registration forms which necessarily imply facilitating certain data of a personal nature. LKS will handle such data in accordance with the purposes and under the conditions outlined in each case.

LKS has adopted and will adopt all technical and organisational security measures which are compulsory, in accordance with what is stipulated by current legislation and the standards of quality existing in the sector, in order to guarantee the maximum security and confidentiality of communications.

Nevertheless, the user acknowledges and accepts that the security measures in Internet are not impregnable. The networks used on Internet are not secure and any communication sent by this means may be intercepted or modified by unauthorised persons. Nevertheless, LKS warns that the current state of the technique does not guarantee the non-infringement of communications when these are transported on any telecommunication network.  LKS, therefore, cannot guarantee total privacy or security of the use of the Website and of the Contents and/or Services or, in particular, that unauthorised third parties cannot have knowledge of the kind, conditions, characteristics and circumstance of the use which users make of the Website and of the Contents and/or Services.

Particular conditions on personal data protection

Users who wish to access possible recruitment processes by sending their Curriculum Vitae (on the portal lks.es/trabaja con nosotros/envianos tu curriculum), as well as facilitating personal data to complete a form, will be subject to the present conditions, which you must have knowledge of and where appropriate accept prior to sending your personal data.

In compliance with the stipulations of the Organic Law 15/1999 of 13 December on Personal Data Protection (LOPD), personal data supplied by said portal will be included in a file owned by LKS, S.COOP. and in the case of contacting management consulting companies, technological consultants and/or legal services, or LKS INGENIERIA, S.COOP, in the case of contacting architecture and engineering businesses, property consultants and/or design and innovation businesses, duly registered in the Spanish Data Protection Agency, with the aim of managing employment requests, evaluating the profile of candidates and carrying out personnel recruitment processes.

  In this sense, the user grants the automated and/or non-automated handling of his/her personal data for the purposes outlined above.

Similarly, you are informed that your personal data will be saved in the previously mentioned file for a period of 2 years.

Likewise, you are informed that you have the right to access your personal data, rectify it, cancel it or exercise the right of opposition at any time, before whosoever is responsible for the file, requesting this in writing to LKS, S.COOP. (should you have contacted companies of management consultancy, technological consulting and/or legal services) or to LKS INGENIERIA S.COOP. (should you have contacted architecture and engineering, property consultants and/or design and innovation companies), at the following address: Goiru Kalea, no. 7-Polo Innovacion Garai, 20500 Arrasate-Mondragon (Guipuzcoa) or electronic mail curriculum@lks.es for management consultancy companies, technological consulting and curriculum.lksabogados@lks.es for services , or ihernandez@ilksingenieria.es for architecture and engineering businesses, property consultants and/or design and innovation.

INTELLECTURAL PROPERTY, INDUSTRIAL AND OTHER RIGHTS

Applicable legislation

The present Website as well as the Contents and elements contained therein are property of LKS, being protected, without any limitation, by the intellectual and industrial property of the Kingdom of Spain and by international Treaties and Agreements which might be applicable. 

Property

LKS is the exclusive owner of all the property rights: intellectual, industrial and similar which may apply with respect to the Website; likewise all rights are reserved concerning any Contents, Services or elements it owns which are included in the Website, including but not limited to:

1. those elements that make up the visual appearance, graphic image and other sensory stimuli of the web pages that make up the Website.

2. navigation architecture;

3. the source codes of web pages;

4. photographs, 

5. recordings,

6. documents or publications

7. Intranet

8. technology,

9. logotypes and

10. distinguishing signs

All of these, together, will be denominated hereinafter as the "Property".

Property of Third Parties 

The user acknowledges and accepts that Contents and Services are accessible in the website that are the property of third parties whose rights are protected by applicable legislation on matters of intellectual and  industrial property, exploitation rights of commercial value of the image and other similar rights, as the case may be. 

Reservation of Rights

The user undertakes to abstain from withdrawing, removing, manipulating or in any other manner modifying:

any notes, text, indications or symbols which either LKS or the legitimate owners of the rights include in their properties on matters of intellectual or industrial property (such as, for example, copyright, ©, ® and ™, etc.).

 

PROPERTY LICENCES

The user acknowledges that by virtue of these General Conditions, LKS does not grant or transfer to the user any of their Property rights.  LKS only authorises the user to access and use the same in accordance with the terms indicated in the present Conditions.  LKS authorises users to access and surf the Website, using the Services and visualising the Content included therein.  The users are not authorised to copy, distribute (including electronic mail and Internet), transmit, communicate, modify, alter, transform, transfer or in any other way display activities entailing the commercial use of the Website, its pages, Contents or elements, whether wholly or partially, without the express written consent of the legitimate owner of the exploitation rights. 

Visualisation access and, if appropriate, downloading Contents and/or Services will always be done for strictly personal and not commercial  purposes. LKS reserves the rights of Property including, but not limited to,  all the intellectual and industrial property rights which it holds over the same. LKS does not grant any other licence or authorisation of use to the user about their Property other than that expressly detailed in the present clause.

LICENCE OF LINKS

Any act of establishing a link between a web page and the Website or any other intention to establish a link will require the prior written acceptance of LKS.

TERMINATION OF LICENCES

LKS reserves the right to terminate or modify, at any time and for whatever reason, the licences granted by virtue of the present General Conditions. However, LKS may take legal action against any use by the user which:

1. does not conform to the terms and conditions specified herein;

2.- infringes or violates the rights of intellectual and industrial property or other similar of LKS or of any other legitimate third owner; or

3. infringes any applicable regulation.

The user will be obliged to modify or remove  immediately from their web page any Property of LKS, or withdraw any link from the Website, when so required by LKS.

PROCEDURE FOR NOTIFICATION OF BREACHES

In the event that a user or third party considers that there are events or circumstances that reveal the illicit nature of the use of any content and/or service, or the carrying out of any illicit activity in the web pages included in the Website, or through the Services provided, they may contact LKS at the registered address of LKS indicated above, providing the following information:

1. The name, surname, national identity card, address, telephone number and e-mail address of the claimant and, as appropriate, the signature of the owner of the rights supposedly infringed or, as the case may be, of the person authorised to act on his/her behalf. 

2. Determine the supposed illicit activity and, in particular, when it involves a supposed violation of intellectual or industrial property rights, a precise and concrete description of the protected contents as well as their exact localisation. 

VALIDITY OF THE GENERAL CONDITIONS AND THEIR MODIFICATION

 The legal relation derived from the access and use of the Website as well as the Contents and Services included in it, have an indefinite duration.  Similarly, any of the parties may terminate or suspend the present contractual relation unilaterally at any time and without further cause than their will to do so. However, said relation will be understood to have terminated immediately whenever LKS publishes new General Conditions. Access to and utilisation of the Web Site shall imply full adherence to and acceptance of the new conditions and, consequently,  the initiation of a new legal relationship.  LKS reserves the right to modify, at any time, and without previous notification, the present General Conditions.

CESSION TO THIRD PARTIES

The user may not assign, transfer, encumber or subrogate in favour of third parties, the rights and obligations set forth in these General Conditions.  LKS may assign, transfer, encumber or subrogate in favour of third parties, wholly or partially, the rights and obligations assumed pursuant to the contractual relation set forth herein, as well as the contractual relation to any third party, it being understood herein that the user grants sufficient authorisation for this effect.

APPLICABLE LAW AND COMPETENT JURISDICTION 

The Website is operated and controlled by LKS from their offices in Spain.   Consequently, all questions that might arise from the access and/or use of the same will be understood to be regulated and interpreted in accordance with Spanish legislation.  Should the User's residence be outside Spain, LKS and the user submit themselves, expressly waiving any other jurisdiction, to the competent Courts and Tribunals.

NOTIFICATIONS

Unless otherwise indicated, all notifications, requirements, agreements, consent, acceptance, approvals or communications that may be required in accordance with what is set forth in the present General Conditions or that, in one way or another, were related to the same, must be expressed in writing and sent to LKS by mail to the registered address of the company.