1. LEGAL TERMS
1.1. Legal notice
In compliance with the provisions of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following information is provided in relation to this Website.
This document regulates the use of the Website which you, hereinafter, the USER, have just accessed and which the Carlos III National Cardiovascular Research Centre (F.S.P.) makes available to Internet users (hereinafter, the “Website”).
Access and/or use of the Website confers the condition of user, and you accept, from said access and/or use, the present Terms and Conditions of use. If you do not agree to these Terms and Conditions of Use, please do not use this Website.
1.2. Details of the Website Controller
Denomination: Centro Nacional de Investigaciones Cardiovasculares Carlos III (F.S.P.) (hereinafter, CNIC)
Registered Address: Calle Melchor Fernández Almagro, núm. 3, 28029 Madrid
Teléfono: + (34) 914 53 12 00
E-Mail: : firstname.lastname@example.org
Registered in the Registry of the Protectorate of Foundations with registration no. 450CIN.
Website domain name: resilience-h2020.com
Through the Website, CNIC provides USERS with access to various content, services, information and data (hereinafter, the “Content”) made available to the USER by CNIC or by third party service and content providers. The provision of the Website service is limited to the time at which the USER is connected to the Website or to any of the services provided through it. CNIC reserves the right to modify at any time the presentation, configuration and location of the Website, as well as the “Contents” and the conditions required to use them.
CNIC, which is part of the Carlos III Institute of Health in Madrid, is an internationally recognised research centre of excellence dedicated to understanding the fundamental bases of cardiovascular health and disease and transferring this knowledge to the patient.
Within the Contents, CNIC may provide information related to health. In this case, the USER is aware that any Content of a sanitary and/or health nature hosted on the Website is merely for guidance and information purposes and does NOT under any circumstances constitute a diagnosis, treatment or medical prescription service. The user is warned and informed that the Contents of the Website cannot, under any circumstances, replace a face-to-face and personal consultation by the user with a duly qualified health professional.
Use of the Website confers the status of USER and implies full and unreserved acceptance of each and every one of the provisions included in these Terms and Conditions of use of the Website, in the Privacy and Personal Data Protection Policy and in the Cookies in force at the time the USER accesses the Website. Therefore, if the USER does not agree with any of the conditions established herein, he/she must not use and/or access this Website. CNIC reserves the right to modify them at any time.
Consequently, the USER should carefully and thoroughly read this document in full each time he/she intends to use or access the Website, as it may be subject to change.
Likewise, CNIC reserves the right to suspend, interrupt or cease operating the Website at any time.
All natural or legal persons resident or domiciled in other countries of the European Union or outside the European Union must ensure that access to and use of the Website and/or its content is permitted in accordance with their own national legislation. In any case, access to and use of the Website by a USER who does not meet the requirement of residence in Spain will be understood to be carried out under his/her sole responsibility, exonerating CNIC from any liability to the extent permitted by applicable legislation.
2. GENERAL AND SPECIFIC CONDITIONS FOR THE ACCESS AND USE OF THE WEBSITE
2.1. Access to and use of the Website
The USER acknowledges and accepts that he/she accesses and uses the Website and/or the “Content” included therein freely and consciously, and under his/her sole responsibility. The USER is aware that in order to access the Website he/she must have access to the Internet, either directly or indirectly, through the relevant access devices. For the correct access, visualisation and implementation of certain contents and services of the Website, the USER may need to download certain software, complements, plugins or other applications onto their computer equipment. Such installation shall be the responsibility of the USER, and CNIC declines any liability that may arise from this.
Access to the Website and/or the “Content” included therein does not imply any kind of guarantee regarding the suitability of the portal and/or the “Content” included therein for the particular or specific purposes of the USERS. CNIC may establish additional limitations and/or conditions for the use of and/or access to the Website and/or the “Content”, which must be observed by USERS in all cases.
All information provided by the USER must be truthful. For these purposes, the USER guarantees the authenticity of all data provided as a result of filling in the forms necessary for subscription to the Services, access to Contents or restricted areas of the Website. Likewise, it will be the responsibility of the USER to keep all the information provided to CNIC permanently updated so that it corresponds, at all times, to the USER’s real situation. In any case, the USER will be solely responsible for any false or inaccurate statements made and for any damage which may be caused to CNIC or to third parties as a result of the information provided.
In general, in order to use the Services and/or access the “Content”, minors must obtain prior authorisation from their parents, guardians or legal representatives, who will be held responsible for all acts carried out by the minors in their care. As the Internet makes it possible to access content that may not be appropriate for minors, USERS are informed that there are mechanisms, in particular, computer filtering and blocking programmes, which make it possible to limit the content available and, although they are not infallible, they are particularly useful for controlling and restricting the material that minors can access.
2.1.1. Authorized use of the portal and its contents
The “Contents” which the USER may view are specifically aimed at persons or entities interested in receiving information or in participating in activities and/or events organized or promoted by CNIC. The USER undertakes to make appropriate and lawful use of the Website, as well as of the “Contents” and services, in accordance with i) the legislation applicable at all times; ii) these Terms and Conditions of Use of the Website; iii) generally accepted morals and good customs and iv) public order. The USER must refrain from:
2.2. Specific Conditions for restricted access areas (REGISTERED USER)
2.2.1. Functioning of the restricted access area:
22.214.171.124 “eCRF Area”: This is defined as an area of exclusive access to health professionals and specialists duly registered with their respective membership number.
Once inside, the USERS can access to the information displayed there by CNIC.
126.96.36.199 “eCRF Area”: is defined as an independent platform with exclusive access for previous registered users.
After defining the access and viewing permissions requested, the USER is granted registration by means of private communication of the access credentials via e-mail.
2.2.2. Obligations of the REGISTERED USER
Each and every one of the obligations referred to the USER in the General Conditions are equally applicable to the REGISTERED USER.
In turn, and given his interest in accessing the area “eCRF”, the REGISTERED USER must guarantee the veracity of all the data provided. Furthermore, the REGISTERED USER shall be responsible for keeping such data completely up to date at all times. In any case, the REGISTERED USER shall be solely responsible for any false or inaccurate statements made and for any damage caused to third parties as a result of such non-compliance. The REGISTERED USER must diligently and appropriately safeguard his/her e-mail address and access password, preventing access by unauthorised third parties and, therefore, ensuring their confidentiality.
2.2.3. Voluntary cancellation
Any REGISTERED USER may, at any time, request to be removed from the restricted access area of the Website through the mechanism contained in the web portal for such requests.
The cancellation will be completed within the following 48 working hours, unless there is any impediment that makes it impossible to process the cancellation automatically. In the event of such an impediment, CNIC will inform the REGISTERED USER in a reliable manner in order to resolve the situation. Once this impediment has been resolved, the deregistration will be processed effectively.
2.3. Industrial and intellectual property rights
The USER acknowledges and accepts that all industrial and intellectual property rights over the “Content” and/or any other elements included in the Website (including, without limitation, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, “look-and-feel”, audio and video) belong to CNIC and/or third parties.
Under no circumstances does access to the website imply any kind of waiver, transmission, licence or total or partial transfer of these rights, unless expressly stated otherwise. These Terms and Conditions of Use of the Website do not confer on USERS any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its “Contents” other than those expressly provided for herein. Any other use or exploitation of any other rights shall be subject to the prior and express authorisation specifically granted for this purpose by CNIC or the third party owner of the rights affected.
CNIC authorizes USERS to use, view, print, download and store the “Contents” and/or the elements inserted in the Website exclusively for their personal, private and non-profit use, provided that in all cases the origin and/or author of the same is indicated and that, where appropriate, the copyright symbol and/or property notes of the owners appear. The use of such elements, their reproduction, communication and/or distribution for commercial or lucrative purposes, as well as their modification, alteration or decompilation is strictly prohibited. For any use other than those expressly permitted, it will be necessary to obtain the prior written consent of the holder of the rights in question.
2.3. Disclaimer of warranties and liability
2.3.1. For the functioning of the Portal
Access to the Website requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation is not the responsibility of CNIC. Therefore, CNIC does not guarantee the availability and continuity of the functioning of the Website or of other websites outside CNIC with which a “Link” has been established. Likewise, under no circumstances will CNIC be liable for any damages that may arise from:
In order to reduce the risk of viruses being introduced into the Website, CNIC uses virus detection programmes to control all the “Content” which it introduces into the Website. However, CNIC does not guarantee the absence of viruses or other elements on the Website introduced by third parties outside CNIC which may cause alterations in the physical or logical systems of USERS or in the electronic documents and files stored in their systems. Consequently, under no circumstances will CNIC be responsible for any damages of any kind which may derive from the presence of viruses or other elements which may cause alterations in the physical or logical systems, electronic documents or files of USERS.
CNIC adopts various protective measures to protect the Website and the “Contents” against computer attacks by third parties. However, CNIC does not guarantee that unauthorized third parties cannot gain access to the type of use of the Website made by the USER or the conditions, characteristics and circumstances under which such use is made. Consequently, CNIC shall in no case be liable for any damages which may arise from such unauthorised access.
2.3.2. For the use of the services and content of the portal by the USER
Under no circumstances will CNIC be responsible for the use which the USER and/or third parties may make of the Website or the “Contents”, nor for any damages which may derive from this. CNIC has no obligation to monitor and does not control the use made by the USER of the Website and the services. In particular, CNIC does not guarantee that the USER will use the Website, the services and the “Content” in accordance with these Terms and Conditions of Use of the Website, nor that they will do so in a diligent and prudent manner. CNIC has no obligation to verify, and does not verify, the identity of USERS who have not previously registered under the terms of section 2.2.
CNIC excludes all liability for damages of any kind which may be due to the use of the services and “Contents” by the USER or which may be due to the lack of truthfulness, validity, completeness and/or authenticity of the information which the USER provides about themselves and, in particular, although not exclusively, for damages of any kind which may be due to the impersonation of a third party by a USER in any kind of communication made through this portal.
2.3.3. For third party “Content”.
CNIC does not edit the “Content” of third parties published on the Website and, consequently, does not guarantee or accept responsibility for the legality, reliability, usefulness, truthfulness, accuracy, completeness and up-to-dateness of such “Content”. Under no circumstances shall CNIC be liable for any damages that may arise from:
2.3.4. In relation to “links” (links)
The Website provides the USER with technical linking devices, directories and search tools that allow the USER to access pages and/or Websites belonging to and/or managed by third parties. In these cases, CNIC acts as an intermediary service provider in accordance with Article 17 of Law 34/2002, of 12 July, on Information Society Services and Electronic Commerce, and will therefore only be responsible for the “Contents” and services provided in the (“links”) to the extent that it has effective knowledge of the unlawfulness of the activity or information to which they refer or recommend and has not deactivated the link with due diligence.
In the event that the USER considers that there is a link with unlawful or inappropriate content, he/she may notify CNIC in accordance with the procedure established in section 1.1, without this notification in any case entailing the automatic obligation to remove the corresponding link.
CNIC does not guarantee or assume any type of responsibility for damages of any kind that may be due to:
In the event that it deems it appropriate or is required to do so by judicial or administrative order, CNIC will remove links to those web pages that infringe applicable legislation and/or infringe the rights of third parties.
2.4. Prohibition of unsolicited communications
CNIC undertakes not to:
However, it is understood that the USER who maintains a relationship with CNIC or who registers on CNIC’s e-mail list expressly accepts the possibility of receiving a monthly newsletter prepared by CNIC as well as any other communication that CNIC considers appropriate.
2.5. Actions in the event of non-compliance
CNIC reserves the right to take any action available at law to enforce any liability arising from breach of any of the provisions of these Terms and Conditions of Use of the Website.
CNIC may withdraw or suspend at any time and without prior notice the provision of the Services to any USER who fails to comply with the provisions of these Terms and Conditions of Use of the Website.
2.6. Partial invalidity
The declaration of any of these General and Specific Terms and Conditions as null and void, invalid or ineffective shall not affect the validity or effectiveness of the remaining terms and conditions, which shall continue to be binding between the parties. The waiver by any of the parties to demand at any given time the fulfilment of any of the General and Particular Conditions stipulated herein shall not imply a general waiver of the fulfilment of any other condition or conditions, nor shall it create an acquired right for the other party.
2.7. Governing Law and Jurisdiction
This Website is operated and controlled by CNIC. Consequently, all matters that may arise from access to and/or use of the Website shall be understood to be regulated and interpreted in accordance with Spanish law. Specifically, the provision of the Website service and these Terms and Conditions of Use of the portal are governed by Spanish Law, and specifically, by Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce.
To the extent permitted by law, the parties, expressly waiving any other jurisdiction to which they may be entitled, agree to submit to the jurisdiction of the Courts and Tribunals of Madrid.