LEGAL NOTICE
This Legal Notice contains legal information about the owner and regulates the conditions of use and navigation of the Web Platform www.crossergroup.com (hereinafter, “the Platform”), owned by COACHES & SCOUTS COMPANY S.L. (hereinafter,“COACHES & SCOUTS COMPANY” or “us/we”), a company with Spanish Tax ID code B-76781061 registered address at Avenida Adeje 300, n.º 19, Adeje, 38678, Tenerife and registered in the Commercial Register de Santa Cruz de Tenerife, tomo 3592, Folio 128, Sección 1, Hoja TF-61741, with email adress coachx@coachesandscouts.com.
Accessing, browsing and using the Platform implies the condition of user of the same (hereinafter, “the user”) and, consequently, the express and unreserved acceptance by the user of all the terms and conditions contained in this Legal Notice. If, in addition, you register as a “registered user” or request any of the services offered through the Platform, you must take into account the Terms and Conditions applicable in each case.
This Legal Notice will be translated into various languages in the development of COACHES & SCOUTS’ activity and its corporate policy of quality, services and customer service. In the event of any conflict regarding the interpretation or application of the conditions that make up this Legal Notice, the parties agree that the Spanish version of the Legal Notice will take precedence over any other language version for all legal purposes.
1.2. Modification of conditions
We therefore recommend that, each time you access the Platform, you read these conditions of use carefully, as they may be modified for legal, technical or corporate reasons, or for reasons arising from self-regulation processes, or due to COACHES & SCOUTS voluntarily adhering to existing codes of conduct of interest for its activity and the best protection of the rights of its users. Whenever possible, COACHES & SCOUTS will publicise through the Platform, prior to its entry into force, any relevant modification of these conditions for the rights and interests of the Platform’s users. If you do not agree, you may unsubscribe from the service(s) in question.
1.3. Validity
The declaration of any of the conditions of use as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining conditions, which shall continue to be binding between the parties. Likewise, the waiver by any of the parties to demand, at any given time, the fulfilment of any of these conditions shall not imply a general waiver of the fulfilment of any other condition or conditions imposed, nor shall it generate an acquired right for the other party.
1.4. Duration
COACHES & SCOUTS is authorised to terminate or suspend the provision of services or the development of actions through the Platform at any time, although with full respect for the regulations applicable in these cases. When this is reasonably possible, COACHES & SCOUTS will give prior notice through the Platform of the termination or suspension of the provision of the services available through the Platform.
2. GENERAL CONDITIONS OF ACCESS AND USE OF THE PLATFORM.
Access and/or browsing through the Platform by users is free of charge, which is understood to be without prejudice to the remunerated nature of the services made available through the Platform under the terms and conditions established by COACHES & SCOUTS.
2.2. Browsing, registration and data forms
In general, access to or initial browsing of the Platform does not imply or determine the prior subscription or registration of users. However, COACHES & SCOUTS may make the provision of certain services, or access to the content offered through the Platform, conditional upon the prior registration of the user on the Platform, as well as the completion of the corresponding data forms. COACHES & SCOUTS reserves the right to unilaterally modify, at any time, the registration system or the data forms provided on the Platform for legal, technical or corporate reasons, or in accordance with any self-regulation processes to which it may be subject.
2.3. Truthfulness, accuracy and timeliness of the information provided by the user
The data entered by users in the corresponding registration forms or in the data collection forms provided through the Platform must be, at all times, accurate, current and truthful and will be processed by COACHES & SCOUTS, in accordance with Spanish personal data protection legislation (in the case of personal data). The user (or their legal representative) will be solely responsible for any false, inaccurate or out-of-date statements made and for any damages caused to COACHES & SCOUTS or third parties as a result of a breach of this duty.
2.4. Obligation to make correct and responsible use of the Platform and the Services
The user undertakes to use the Platform and the Services in a reasonable manner in accordance with the current regulations, these conditions of use, the specific conditions of the services, the privacy policy and other notices, regulations of use and instructions made known to them, generally accepted morals and good customs, and public order. In the event of non-compliance with such commitments, COACHES & SCOUTS reserves the right to exclude, prohibit or deny access to the Platform and its services, without prejudice to the possibility of COACHES & SCOUTS exercising any legal and/or judicial actions deemed to be of interest in relation to its legitimate interests and rights (its own or those of third parties).
3. PROHIBITED USES.
It is PROHIBITED for users of the Platform:
- To use any of the services or contents available through the Platform for illicit purposes or effects, prohibited in these conditions, harmful to the rights and interests of COACHES & SCOUTS, or third parties. The use by users of the services or content made available for lucrative, commercial purposes, theft of business secrets or know-how, promotional or advertising purposes, inciting participation in all types of games of chance, luck, raffles or bingo games and the collection of data from third parties will be considered illicit purposes, among others. The use of the services and contents on the Platform are of a purely corporate or personal nature in accordance with the provisions of these Conditions and are exclusively aimed at users authorised by COACHES & SCOUTS for these purposes.
- Damaging, rendering useless, overloading, deteriorating or preventing the normal use of the services through the Platform, as well as cyber-attacking the platform, systems or associated processes in any way.
- Transmit, communicate or make available to third parties information, data, content, messages and, in general, any kind of content that:
(a) in any way is contrary to, disparages or infringes fundamental rights and public freedoms recognised constitutionally, in international treaties and in other applicable legislation, in particular with respect to disabled persons and other especially vulnerable groups such as minors or the elderly;
(b) in particular, is contrary to the right to honour, to personal and family privacy or to one’s own image;
(c) contradicts or infringes the fundamental right to privacy and the protection of personal data.
(d) induces, incites or promotes actions that are illicit, criminal, denigratory, defamatory, libellous, defamatory, violent or, in general, contrary to the law, generally accepted morals and good customs or public order;
(e) induces, incites or promotes discriminatory actions, attitudes or thoughts on grounds of sex, race, religion, beliefs, age or condition;
(f) incorporates, makes available or allows access to elements, messages and/or services that are illegal, pornographic, criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morals and generally accepted good customs or public order; (g) induces or may induce an unacceptable state of anxiety or fear; (h) induces or incites to engage in practices that are dangerous, risky or harmful to the health and physical or psychological balance of persons;
(i) is protected by any intellectual or industrial property rights belonging to third parties, without the user having previously obtained from their owners the necessary authorisation to carry out the use that he/she is making or intends to make;
(K) sea falso, ambiguo, inexacto, exagerado o extemporáneo, de forma que induzca o pueda inducir a error sobre su objeto o sobre las intenciones o propósitos del comunicante;
(l) de cualquier manera menoscabe el crédito de COACHES & SCOUTS o de terceros;
(ll) constituya, en su caso, publicidad ilícita, engañosa o desleal y, en general, que constituya competencia desleal;
(m) incorpore virus u otros elementos físicos o electrónicos que puedan dañar o impedir el normal funcionamiento de la red social, del sistema o de equipos informáticos (hardware y software) de COACHES & SCOUTS, o de terceros o, que puedan dañar los documentos electrónicos, contenidos digitales y archivos almacenados en dichos sistemas o equipos informáticos;
(n) provoque por sus características (tales como formato, extensión, etc.) dificultades en el normal funcionamiento de los servicios o el acceso a la Plataforma o a sus contenidos;
In the event of violation of these prohibitions by the users in question, and from the moment COACHES & SCOUTS becomes aware of the facts, COACHES & SCOUTS may issue any warnings to the users in question that may be necessary in order to immediately cease such activities/actions; promote their immediate withdrawal or rectification; as well as not transmitting or simply not taking into consideration, where appropriate, any possible assessments, opinions or comments made within the framework of the Platform.
In the event that such requests from COACHES & SCOUTS are not met by the corresponding user, by mere legal or judicial mandate, or simply in response to their own or third parties’ legitimate interests, COACHES & SCOUTS may block and remove the aforementioned elements, information, assessments and content from the Platform at any time if it becomes aware of their illegitimacy without the need for prior notice to the users. It may also suspend, deactivate or delete the user’s account, if it exists, without this giving rise to any right or monetary compensation in favour of the user.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY
The user undertakes to use the content and services made available to them on the Platform, these being understood to include, but not limited to, texts, graphics, images, icons, technology, software, links and other digital, audiovisual or sound content, as well as their graphic design and source codes (hereinafter, the “Contents”), in accordance with the law, these conditions of use, the particular conditions of the services and other notices, regulations of use and instructions made known to them, as well as with generally accepted morals and good customs and public order. In particular, you undertake to refrain from:
(a) Reproducing, copying, distributing, making available or in any other way publicly communicating, transforming or modifying the services and contents, unless they have the authorisation of the holder of the corresponding rights or this is legally permitted; (b) Suppressing, manipulating or in any way altering the copyright and other data identifying the reservation of rights of COACHES & SCOUTS or third parties.
(c) Exercising or abusing the exercise of the exploitation rights associated with such contents, unless expressly authorised to do so by their legitimate owner and, where applicable, to do so under the conditions expressly agreed in this regard.
All brands, names, distinctive signs, content architecture (design, navigation, organisation and taxonomy of the Platform and its contents, etc.) and contents or software of any kind that are incorporated into the Platform are the property of COACHES & SCOUTS, or third parties, and it may not be understood that the use of or access to the Platform and/or the contents or services attributes any right to the user over the aforementioned brands, commercial names and/or distinctive signs, as well as over any of the other elements available through the Platform.
In short, the contents and other services are the intellectual or industrial property of COACHES & SCOUTS, or of third parties, and by virtue of what is established in these conditions of use or of the services, none of the rights that apply or may apply to them may be understood to be transferred to the user, beyond what is strictly necessary for the correct use or access to the Platform and to the services and contents (use that cannot be sub-licensed to third parties due to the characteristics of the service and other associated legal requirements) that, through the same, are provided or may be provided to the user.
5. HYPERLINKS
Users and, in general, those persons who intend to establish a hyperlink between their website and the Platform (hereinafter, the “Hyperlink”) must comply with the following conditions:
- The Hyperlink will only allow access to the home page of the Platform, but may not reproduce it in any way, which includes the prohibition of reproducing or linking to specific contents or services of the Platform without the express written authorisation of COACHES & SCOUTS;
- A frame shall not be created on the Platform’s web pages;
- No false, inaccurate or incorrect statements or indications shall be made about COACHES & SCOUTS, its directors, employees or collaborators, or about the content or services provided, either directly or indirectly;
- It will not be stated or implied that COACHES & SCOUTS or any other third party present on the Platform has authorised the Hyperlink or that it has supervised or assumed in any way the services offered or made available on the website on which the Hyperlink is established. With the exception of those signs that form part of the Hyperlink itself, the web page on which the Hyperlink is established will not contain any brand, name, label, denomination, logotype, slogan or other distinctive signs belonging to COACHES & SCOUTS or to third parties that are related to the same, in particular, those visible through the Platform;
- The website on which the Hyperlink is established will not contain information or content that is illicit, contrary to morality and generally accepted good customs and public order, especially with regard to the disabled or especially vulnerable people such as minors or the elderly, nor will it contain content that infringes on any rights of COACHES & SCOUTS or third parties.
The establishment of the Hyperlink does not imply, under any circumstances, the existence of a relationship between COACHES & SCOUTS and any third party included or existing on the Platform, on the one hand, and the owner of the website on which it is established, on the other hand, nor the acceptance and approval by COACHES & SCOUTS or such third parties, of its contents or services.
In any case, COACHES & SCOUTS may, at any time, urge the persons who have established a hyperlink between their website and the Platform to eliminate the same, subject to any legal and/or judicial actions that may correspond to them
6. COMMERCIAL COMMUNICATIONS
The commercial communications and promotional offers made by COACHES & SCOUTS will be duly identified as such and will be governed by its own regulations and by the rest of the applicable Spanish legislation, in particular, that of information society services and electronic commerce, protection of personal data of a personal nature, in commercial and advertising matters, of a deontological nature and of consumer and user protection.
In this regard, COACHES & SCOUTS will not carry out advertising or promotional communications by e-mail or any other equivalent means of electronic communication that have not been previously requested or expressly authorised by the Platform users to whom they are addressed. Notwithstanding the foregoing, COACHES & SCOUTS may use them without such authorisation by the users if such communications refer to professional services of this company that are similar to those that were initially contracted by the client or user of the Platform. All of the above is without prejudice to any prior information that may occur and the user’s possibility of opposing the receipt of any type of advertising or promotion that he/she does not wish to receive.
COACHES & SCOUTS will offer the recipient the possibility of opposing the processing of their data for promotional purposes by means of simple and free procedures, both at the time of collecting the data, as well as in each of the commercial communications that may be sent to them.
The user who is the recipient of such commercial communications may revoke their consent to receive commercial communications at any time by simply notifying COACHES & SCOUTS of their desire to do so.
7. EXCLUSION OF GUARANTEES AND LIABILITY
COACHES & SCOUTS does not guarantee the availability and continuity of the operation of the Platform and the services provided through the same, whether they are its own or those of third parties. Whenever reasonably possible, it will give prior warning of any interruptions in the operation of the Platform, access to its contents, or the provision of the corresponding services.
Nor does COACHES & SCOUTS guarantee the usefulness of the Platform and the contents and services available through the same for the performance of any specific activity or purpose intended by the user of the same.
COACHES & SCOUTS does not control or guarantee the absence of viruses or other elements in the contents that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system, although it will adopt the necessary preventive and corrective measures in this area.
COACHES & SCOUTS does not absolutely guarantee the truthfulness, accuracy, completeness, timeliness, legality, reliability and usefulness of the contents and services of the Platform, in particular, those provided, offered, advertised or transferred by third parties outside of this entity.
COACHES & SCOUTS may make available to users through the Platform technical linking devices (such as, among others, links, banners, buttons), directories and search tools that allow users to access websites belonging to and/or managed by third parties (hereinafter, “Linked Sites”). The sole purpose of installing these links, directories and search tools on the Platform is to facilitate users’ search for and access to information, content and services available on the Internet. The results of search tools are provided directly by third parties and are the result of the automatic operation of technical mechanisms, and COACHES & SCOUTS cannot and does not control these results and, in particular, that among them appear Internet sites whose contents may be illicit, contrary to morality or good customs or considered inappropriate for other reasons.
COACHES & SCOUTS, as a mere provider of information society services, does not assume, direct or control, nor does it identify in any way with the opinions, comments or actions associated with the users, nor does it hold any editorial activity in this area. The user (and, where appropriate, their respective legal representatives) shall be solely responsible for such opinions, comments or actions through the Platform.
Nor does COACHES & SCOUTS assume, share or contribute in any way to the actions intended or carried out by users of the Platform. Users (and, where applicable, their respective legal representatives) will be solely responsible for the actions or measures they intend, undertake or adopt based on the information accessed or transmitted through the Platform, on a basic basis, by other users of the same.
COACHES & SCOUTS, despite the many prohibitions, rules and recommendations that it addresses to users of the Platform, does not guarantee, nor is it responsible in any way for ensuring that users make use of the Platform, the services and the content available through it in a manner consistent with this legal notice or the privacy policy, nor that they do so in a diligent and prudent manner. Nevertheless, it may implement security and detection systems in this area and will adopt all the necessary corrective measures from the moment that it has reliable knowledge of possible breaches in this respect, ensuring the general legitimacy of the services, contents, assessments, opinions and comments that may be made through the Platform, without this representing or implying any obligation for COACHES & SCOUTS to control them in any way.
The users of the Platform (and, where applicable, their respective legal representatives) are, in general, solely responsible for the actions, assessments, opinions, comments, contents and information that they publish, transmit, communicate or provide through the Platform.
In all of the aforementioned cases, COACHES & SCOUTS excludes any liability, damages or harm that may occur or could occur, to the full extent permitted by the applicable legal system, whether it be to the user, their respective legal representatives or to any other third party.
8. PROCEDURE IN THE EVENT OF UNLAWFUL ACTIVITIES
In the event that any user, person or third party considers that there are facts or circumstances that reveal the illicit nature of the use of any service and content provided through the Platform, or that their rights and legitimate interests have been violated, they may send a notification to COACHES & SCOUTS, by any means valid in law, containing at least the following points:
(a) Identifying and contact details of the claimant: name and surname(s), postal and electronic address (email) for notification purposes, national identification document, passport or equivalent legal document (including a copy or photocopy thereof), and contact telephone number.
(b) Specification of the alleged unlawful activity carried out on the Platform.
(c) In the case of an alleged violation of intellectual or industrial property rights, precise indication of these, the supporting documentation in relation to these (if any), indication of the contents or elements protected, as well as their specific location on the Platform, if applicable;
(d) Sufficient powers of representation (legal or voluntary). Depending on the case, Family Book and National Identity Card, passport or equivalent document accrediting the identity of the legal representative (in the case of legal representative of a minor), sufficient powers of representation (in the case of voluntary representatives of the claimant or affected person).
(e) Express declaration, clear and under the responsibility of the claimant, that the information provided in the notification is accurate and of the unlawful nature of the use of the contents or the performance of the activities described.
(f) Handwritten or electronic signature of the complainant or person concerned on whose behalf he/she is acting and date.
In any case, we recommend that you send this documentation to us preferably via the e-mail address coachx@coachesandscouts.com set up for this purpose by COACHES & SCOUTS.
COACHES & SCOUTS, in these cases, will examine the notification sent and its attached documentation and, as soon as possible, will reply to the claimant (or their legal representative or volunteer, as the case may be), without prejudice to its right to block or remove, temporarily or definitively, at any time and without prior notice to the user, contents, opinions, comments or any information or element that is the object of the claim or related to it.
9. WITHDRAWAL AND SUSPENSION OF SERVICES AND CONTENT?
COACHES & SCOUTS, in the event of non-compliance by the user with the present conditions of use and the Platform’s Privacy Policy and Cookies Policy, all of which are documents that the user fully and unreservedly accepts, may, depending on the cases described in these documents, deactivate or delete the user’s account or prevent the user from using the Platform and the services associated with it, without this giving rise to any compensation, compensation or right whatsoever in this area for the user, due to non-compliance by the latter with his or her specific obligations.
Likewise, COACHES & SCOUTS reserves the right to block and remove from the Platform, at any time, without the need for prior information to the user, the publication of data, elements, assessments, comments, opinions and, in general, any content that is or could be contrary to the applicable law, the rules and its own policies and conditions.
In any case, COACHES & SCOUTS reserves the right to take any legal or judicial action that may be appropriate in the event of such actions.
10. APPLICABLE LEGISLATION AND JURISDICTION
These conditions are governed, in each and every one of their aspects, by the applicable Spanish law, and in the event of conflict or divergence in the interpretation and/or execution of the same, or of any other of the specific conditions set out in the Platform, the competent Courts and Tribunals of Santa Cruz de Tenerife will be applicable, with the waiver of any other jurisdiction that may correspond to the parties.