Aviso Legal

                      LEGAL DISCLAIMER
 

1. LEGAL INFORMATION AND ACCEPTANCE OF THE LEGAL NOTICE
The terms and conditions contained in this Legal Notice regulate the use of the website www.saba.es (hereinafter, the "Website") and the SABA application (hereinafter, the "App"), both owned by Saba Aparcamientos, S.A. (hereinafter, "SABA"), which SABA makes available to users in order to provide them with information and allow them to contract and pay for services and products (hereinafter, "the Service(s) and Product(s)").   
SABA, with Tax ID number A08197931, has its registered office at Avenida del Parc Logístic, 22-26, 08040 Barcelona, and is registered in the Barcelona Companies Register, Page 11.061, Folio 150, Book 867. If you wish to contact SABA, you can use the postal address indicated above, via WhatsApp 662418060 or, if you prefer, via email atclientesaba@sabagroup.com. 

The use of the Website/App by Users implies acceptance of all the terms and conditions included in this Legal Notice. SABA reserves the right to modify this Legal Notice at any time, and it shall be binding from the date of its publication. 
Some Services and Products offered through the Website/App are subject to terms and conditions of purchase and specific conditions that must be accepted by Users before contracting the corresponding Service or Product. By contracting said Services and Products, the User fully and unconditionally accepts said documents in the version published by SABA at the time of contracting. 

2.    CONDITIONS OF USE OF THE WEBSITE/APP 
Use of the Website/App is entirely voluntary and is carried out at the User's own risk. 
Users may only access the Website/App by means or procedures that have been made available to them for this purpose on the Website/App or are normally used for this purpose, provided that they do not involve the violation of intellectual or industrial property rights or imply any type of damage to the Website/App. 
Users undertake to use the Website/App in a diligent, legal, correct and lawful manner and, in particular, undertake, by way of example and without limitation, to refrain from: 
a) Use the Website/App in a manner that produces or may produce effects and/or for purposes contrary to the law, morality and generally accepted good customs or public order; 
b) Transmit or disseminate information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any material that is obscene, offensive, vulgar or that induces criminal, denigratory, defamatory, defamatory, violent or, in general, contrary to the law, generally accepted morals and good customs or public order; 
c) Reproducing, copying or distributing the contents, as well as allowing public access to them through any form of public communication, or transforming or modifying them, unless authorised by the owner of the corresponding rights or if this is legally permitted; 
d) Infringe intellectual or industrial property rights belonging to SABA or third parties; 
e) Use the Website/App in a way that may damage or overload the operation of the Website/App; 
f) Carrying out fraudulent transactions or transactions that may facilitate illicit or fraudulent conduct of any kind; and 
g) Use the Web Site/App and, in particular, information of any kind obtained through the Web Site/App for any kind of advertising purposes and, in particular, to send advertising, communications for direct sales purposes or for any other kind of commercial purpose, unsolicited messages individualised or addressed to a plurality of persons, as well as to market or divulge such information in any way. 
Users shall be liable for damages of any kind that SABA may suffer, directly or indirectly, as a result of non-compliance with any of the obligations arising from this Legal Notice or from the law in relation to the use of the Website/App. 
 

3.    REGISTRATION AS A SABA USER 
In order to be able to purchase Services or Products through the Website/App, the User must first register, for which purpose an e-mail address will be requested, which will be the User's identifier, and the choice of a password, which will allow the User to be authenticated. 
This data will be requested each time the User wishes to purchase Services or Products or access the private area of the Website/App, and will therefore serve as an identification and authentication procedure in the system.  The password chosen will be personal and non-transferable, and may not be transferred, even temporarily, to third parties.
To register as a User on the Website/App you must be over 18 years of age.
With regard to the request for personal data by SABA, the provisions of Clause 8 of this Legal Notice and the Privacy and Cookies Policy shall apply. 
In this regard, Users undertake to make diligent use of the password chosen and to keep it secret. In the event that Users know or suspect that their password has been lost, stolen or used by third parties, they must inform SABA as soon as possible. 
Users are recommended to change their password periodically. SABA will not request by any means, whether by e-mail or otherwise, that the User inform it of the password. 
Each User shall be liable for the costs and damages caused by the use of the Website/App by any third party who uses his or her password for this purpose as a result of its non-diligent use or loss by the User. 

4.    EXCLUSION OF GUARANTEES AND LIABILITY 
SABA reserves the right to interrupt access to the Website/App, as well as the provision of any or all of the content or services and/or products provided through the Website/App, at any time and without prior notice, whether for technical, security, control or maintenance reasons, due to power failures or for any other justified reason. 
Consequently, SABA does not guarantee the reliability, availability or continuity of the Website/App, and Users use the Website/App at their own risk, without being liable at any time for the discontinuity or lack of availability of the Website/App. SABA shall not be liable in the event of service interruptions, delays, errors, malfunctions and, in general, any other inconveniences arising from causes beyond SABA's control, and/or due to the wilful or negligent actions of Users and/or due to Force Majeure. Without prejudice to the provisions of article 1105 of the Civil Code, the concept of Force Majeure shall also be understood to include, for the purposes of these general terms and conditions, all events beyond SABA's control, such as: failure of third parties, operators or service companies, acts of the Government, lack of access to third party networks, acts or omissions by the Public Authorities, those produced as a result of natural phenomena, blackouts, etc., and attacks by hackers, crackers or other third parties on the security or integrity of the computer system. In any case, whatever the cause, SABA shall not assume any liability whatsoever for direct or indirect damages, consequential damages and/or loss of profit.

SABA excludes any liability for damages of any kind that may be due to the lack of truthfulness, accuracy, completeness and/or timeliness of the content transmitted, disseminated, stored, made available or received, obtained or accessed through the Website/App, nor for content provided or offered by third parties or entities. SABA shall try as far as possible to update and rectify any information hosted on the Website/App that does not comply with the minimum guarantees of accuracy. However, SABA shall be exempt from liability for failure to update or rectify such information, as well as for the content and information contained therein. 
SABA accepts no responsibility for the content of the information contained on the Website/App, or for any opinions, comments, assessments or any other statement contained therein that are not issued directly by SABA. 
SABA excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the content that may cause alterations to computer systems, as well as to the documents or systems stored therein. 
SABA accepts no responsibility for the contents, whatever they may be, that Users send to SABA by means of the Website/App, such as, for example, by e-mail or by any other means, and therefore any liability arising from the contents sent by Users shall be attributable to them. 
SABA accepts no responsibility for the use made by Users of the contents of the Website/App, nor of their passwords, nor of any other material contained on the Website/App that may involve a violation of any type of national or international regulation, of intellectual or industrial property rights or any other third party right. Likewise, SABA accepts no responsibility for any possible security errors that may occur due to the use of non-updated versions of browsers, or for any consequences that may arise from the malfunctioning of the browser, whether due to inappropriate configuration, the presence of computer viruses or any other cause beyond SABA's control.
 

5.    LINKS TO THIRD PARTIES (OUTBOUND LINKS) 
The Website may include technical linking devices, directories and even search tools that allow Users to access Internet websites (hereinafter "Linked Sites"). In these cases, SABA acts as a service provider and shall only be liable for the content and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness or that third party property or rights may be harmed and has not deactivated the link with due diligence. 
In the event that Users consider that there is a Linked Site with unlawful or inappropriate content, they may notify SABA at the contact address indicated in the first section of this Legal Notice, indicating: 
a) Of the reporter: name, address, telephone number and e-mail address; 
b) A description of the facts that reveal the illegal or inappropriate nature of the Linked Site; and 
c) An express statement that the information contained in the communication is accurate. 
Under no circumstances does this communication entail the obligation to remove the corresponding link, nor does it imply effective knowledge of the activities and/or contents indicated by the communicating party. 
Under no circumstances should the existence of Linked Sites presuppose the existence of agreements with the managers or owners thereof, nor the recommendation, promotion or identification of SABA with the statements, content or services provided. 
SABA has no knowledge of the content and services of the Linked Sites and therefore accepts no liability for any damage caused by the unlawfulness, quality, failure to update, unavailability, error or uselessness of the content and/or services of the Linked Sites, or for any other damage that is not directly attributable to SABA.
If Users decide to visit and/or use any of the Linked Sites, they do so at their own risk, and must take the appropriate protective measures against viruses or other harmful elements. 

6.    LINKS TO THE WEBSITE (INBOUND LINKS) 
Third parties are not authorised to introduce links from their own web pages to the Website except with the express consent of SABA. 
In the event that a third party is authorised to use the link, this use shall be made in accordance with the limitations and purposes set out in the authorisation itself. 
SABA may request, at any time and without the need to provide the reasons for such request, that any link to the Website be removed, after which the person responsible for the linking website must immediately proceed to remove the link. 

7.    INTELLECTUAL AND INDUSTRIAL PROPERTY 
The entire content of the Website/App, understood to include but not be limited to texts, photographs, graphics, images, icons, technology, software, links, domains, trademarks and other audiovisual or sound content, as well as its graphic design and source codes, are the exclusive property of SABA or of third parties, whose rights, if any, SABA recognises, and are subject to intellectual and industrial property rights protected by national and international legislation. 
Any use of any of the elements subject to industrial and intellectual property rights for any purpose, especially commercial, as well as their distribution, public communication, modification, alteration, transformation or decompilation, is strictly prohibited, unless expressly authorised in writing by their owner. 
Infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as an action constituting an offence punishable under the Penal Code. 

8.    PRIVACY AND PERSONAL DATA PROTECTION POLICY
The personal data provided by Users during registration and subsequent use of the Website/App or for the contracting, payment and provision of the Services or Products will be processed in accordance with our Privacy and Cookies Policy available on the Website/App. 
Users must read and accept this Privacy and Cookie Policy before providing their personal data to SABA. 

9.    GENERAL 
Any clause or provision of this Legal Notice that is or becomes illegal, invalid or unenforceable shall be excluded from this Legal Notice and shall be deemed unenforceable to the extent of such illegality, invalidity or unenforceability, and shall be replaced by another that is as similar as possible to the previous one, but shall not affect or prejudice the remaining provisions, which shall remain unaffected by any illegal, invalid or unenforceable clause or provision and shall instead remain in full force and effect. 
SABA excludes any type of guarantee, and is therefore released from all liability arising from the points expressed above, as well as from other aspects that may not be contemplated in the present document. 
10.    APPLICABLE LAW AND JURISDICTION 
The relationship between SABA and the User shall be governed by current Spanish legislation and any dispute shall be submitted to the Courts and Tribunals of Barcelona, or to the Courts and Tribunals indicated by the applicable legislation in force. 

DATE: 01 December 2020