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LEGAL NOTICE

LEGAL NOTICE

LEGAL NOTICE

LEGAL NOTICE

INTRODUCTION

In compliance with the duty of information determined by the European Parliament and Council Directives 2000/31/EC (Directive on electronic commerce) and 2002/58/EC (Directive on privacy and electronic communications) we inform you that the Website and the Internet portal www.pdainternational.net, www.mypdacoach.com, www.pdaprofile.com and its related subdomains (the Website) are owned by HS GROUP SOCIEDAD DE RESPONSABILIDAD LIMITADA (hereinafter PDA), with registered office at Calle Paraguay, 647, Piso 4, Dpto 17 with CIF No. 30-70981001-0.

USER AGREEMENT

This Legal Notice regulates the access and use of the web page that PDA makes available to Internet users. The user is considered to be the person who accesses, navigates, uses or participates in the services and activities of the web page.

The user is informed and accepts that the access to the present web site does not suppose, in any way, the beginning of a commercial relationship with PDA.

The access and navigation in the web site by the user implies the acceptance of the totality of this Legal Notice. In case of disagreement with the conditions you must refrain from using the web site.

ACCESS TO THE WEBSITE

Access to the website by users is free of charge. Some services may be subject to prior contracting of the service.

We reserve the right to withdraw or amend the website or any service we provide on the website without notice. We shall have no liability if, for any reason, the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or our entire website, to users who have registered with us.

If you choose, or receive, a user identification code, password or any other information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party. We have the right at any time to disable your user identification code or password, whether chosen or allocated by you, if in our opinion you have breached any of the provisions of these terms of use.

In using the website, you must comply with the provisions of any usage policy we post on the website.

If you are registered as a business user of the website, you represent and warrant that you (the individual doing so) have the authority to do so and bind any relevant legal entity on whose behalf you are acting.

You agree to compensate us for any loss, damage, cost or expense we suffer as a result of your failure to observe and comply with the terms of this Legal Notice or any document referred to in it.

We reserve the right to suspend your access to the website or your registration as a user immediately if you fail to comply with, or we have reasonable grounds to believe that you are in breach of, any of this Legal Notice or any document referred to in it.

PRIVACY AND DATA PROCESSING

When for the access to certain contents or service it is necessary to provide personal data, the users will guarantee its truthfulness, accuracy, authenticity and validity. PDA will give to such data the corresponding automated treatment according to its nature or purpose, in the terms indicated in the Privacy Policy section.

CONTENT AND USE

The visit to the web site by the user must be done in a responsible way and in accordance with the current legislation, the good faith, the present Legal Notice and respecting the intellectual and industrial property rights owned by PDA or any other natural or legal person.

The use of any of the contents of the web site with purposes that are or could be illicit is totally prohibited, as well as the accomplishment of any action that causes or could cause damages or alterations of any type not consented by PDA, to the web site or its contents.

The owner of the website does not identify with the opinions expressed in it by its collaborators. The company reserves the right to make unannounced changes it deems appropriate in its Web, may change, delete or add content and services provided through the same as the way in which they are presented or located on their servers.

Commentary and other materials posted on the website are not intended to amount to advice on which reliance should be placed. We shall have no liability for any reliance placed on such materials by any visitor to the website or by anyone informed of any of its contents.

You must not act or refrain from acting on any information you obtain from this website unless you have received appropriate specific advice from a suitably qualified individual.

We may change the content of the website at any time. If the need arises, we may suspend access to the website or close it indefinitely. Any of the material on the website may be out of date at any given time and we are under no obligation to update such material.

If you have any questions about any of the material on the website, please contact gdpr@pdainternational.net

OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER

The User agrees to:

  1. 1. Make an appropriate and lawful use of the website, as well as the contents and services, in accordance with: (a) the legislation applicable at all times; (b) the Terms of Use, Legal Notice and Privacy Policy of the website; (c) morality and generally accepted good customs and (d) public order.
  2. 2. To provide all the means and technical requirements necessary to access the website.
  3. 3. To provide truthful information when filling in the forms contained in the website with their personal data and to keep them updated at all times so that it responds, at all times, to the real situation of the User. The User shall be solely responsible for any false or inaccurate statements made and the damages caused to the company or third parties for the information provided.

Notwithstanding the provisions of the preceding paragraph, the User shall also refrain from:

  1. 1. Make unauthorized or fraudulent use of the website and/or its contents for illicit purposes or effects, prohibited in the Terms of Use, Legal Notice and Privacy Policy, harmful to the rights and interests of third parties, or in any way damage, disable, overburden, impair or impede the normal use of the services or documents, files and all kinds of content stored on any computer equipment.
  2. 2. Access or attempt to access resources or restricted areas of the website, without complying with the conditions required for such access.
  3. 3. Access or attempt to gain unauthorized access to the server on which it is stored or to any server, computer or database connected to the website.
  4. 4. Cause damage to the physical or logical systems of the website, its suppliers or third parties.
  5. 5. Introduce or disseminate on the network computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the company, suppliers or third parties.
  6. 6. Attack the website through a denial of service attack or a distributed denial of service attack.
  7. 7. Attempt to access, use and/or manipulate the data of the company, third party suppliers and other Users.
  8. 8. Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorized by the holder of the corresponding rights or it is legally permitted.
  9. 9. Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the company or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may be inserted in the contents.
  10. 10. Obtain and attempt to obtain the contents using means or procedures other than those that have been made available for this purpose.

By breaching any of these provisions, you may commit a criminal offence as defined in the Argentine Criminal Code and in the legislation of the Member States of the European Union. In such event, we may report any such breach to the relevant law enforcement authorities and disclose your identity and relevant personal data. In the event of a breach, your right to use the Website will cease immediately.

In particular, and by way of example only and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:

  • in any way, is contrary to, undermines or infringes upon the fundamental rights and public liberties recognized in the Constitution, in International Treaties and in the restof the legislation in force.
  • Induces, incites or promotes criminal, denigratory, defamatory, violent or, in general, contrary to the law, morality, generally accepted good customs or public order.
  • Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
  • Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morals and generally accepted good customs or public order. Induces or may induce an unacceptable state of anxiety or fear.
  • Induces or incites to engage in dangerous practices, risky or harmful to health and psychological balance.
  • Is protected by the legislation on intellectual or industrial protection belonging to the company or to third parties without having been authorized for the intended use.
  • It is contrary to the honor, personal and family privacy or self-image of persons.

If, in order to access some of the services and/or contents of the Website, you are provided with a password, you undertake to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, agreeing not to transfer it to third parties, temporarily or permanently, or to allow access to those services and / or content by outsiders.

Likewise, he/she is obliged to notify the company of any event that may imply an improper use of his/her password, such as, but not limited to, its theft, loss or unauthorized access, in order to proceed to its immediate cancellation. Consequently, as long as you do not make the above notification, the company will be exempt from any liability that may arise from the misuse of your password, being your responsibility for any illegal use of the contents and / or services of the Website by any illegitimate third party.

If you negligently or fraudulently breach any of the obligations set forth in these Terms of Use, you will be liable for all damages that may arise for the company as a result of such breach.

CANCELLATION OF YOUR USER REGISTRATION

You may cancel your registration as a user of the website at any time, but this will not affect your obligations in relation to the services or information you have already received.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or licensee of all intellectual property rights intellectual property rights of the content of web pages, graphic design and codes are owned and, therefore, is prohibited reproduction, distribution, public communication, transformation or any other activity carried out with the contents of the website, even if the sources are cited, unless with the prior express written consent of PDA.

All trade names, trademarks or distinctive signs of any kind contained in the company’s web pages are the property of their owners and are protected by law. PDA and the three rings logo are trademarks of PDA, of which PDA is a licensee.

PDA does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or on any other property or right related to the web site, and in no case it will be understood that the access and navigation of the users implies a waiver, transmission, license or total or partial cession of such rights by PDA.

Any use of these contents not previously authorized by PDA will be considered a serious breach of the intellectual or industrial property rights and will give rise to the legally established responsibilities. We reserve the right to exercise the corresponding judicial and extrajudicial actions against the user.

OUR RESPONSIBILITY AND STATUS

In the event that you obtain products (including services) from us for which you have paid, the supply of such products is subject to our standard terms and conditions, which supersede the terms below.

The material and content displayed on the website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and other members of our group of companies expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

We will not be liable to you for:

  • – any loss which is not a foreseeable consequence of an act or omission by us in connection with the website. Losses are foreseeable where they could be contemplated by you and us at the relevant time you used the website
  • – loss of income, business, profits or contracts (whether direct or indirect)
  • – loss of anticipated savings
  • – loss or corruption of data
  • – loss of goodwill
  • – waste of management or office time.

None of the foregoing affects our liability for death or personal injury arising from our negligence, nor for fraudulent misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited by applicable law.

No agency, partnership, joint venture, employment relationship or franchise relationship is intended or created between you and us as a result of your use of the Website or by entering into a contract to purchase Products.

LINKS

The presence of links on PDA’s web page to other Internet sites is merely for informative purposes and in no case implies a suggestion, invitation or recommendation about them. PDA shall not assume any responsibility for the contents of a link belonging to an external website, nor shall it guarantee the reliability, accuracy, comprehensiveness, truthfulness, validity and technical availability.

In the event that other web sites establish links to PDA’s web page, it shall not be understood that we have authorized the link or the content of the web site containing the link, nor may inappropriate, defamatory, illegal, obscene or illicit content or other content contrary to current legislation be included on the link page.

PDA reserves the right to contact the owner of the website where the link is established if it considers that the regulations are not complied with, as well as to exercise the corresponding judicial and extrajudicial actions.

LIABILITY AND GUARANTEES

PDA declares that it has adopted the necessary measures that, within its possibilities and the state of technology, allow the correct functioning of its website, as well as the absence of viruses and harmful components. However, PDA cannot be held responsible for the following situations which are listed by way of example, but not limited to:

  • – The continuity and availability of the Contents.
  • – The absence of errors in said Contents or the correction of any defect that may occur.
  • – The absence of virus and/or other harmful components.
  • – The damages caused by any person who violates PDA’s security systems.
  • – The use that the users may make of the contents included in the web. Consequently, PDA does not guarantee that the use that the users may make of the contents included in the web site, if any, are in accordance with the present legal notice, nor that the use of the web site is carried out in a diligent way.
  • – The use by minors of the website or the sending of their personal data without the permission of their guardians, being the guardians responsible for the use they make of the Internet.
  • – The contents to which the user can access through unauthorized links or introduced by users through comments or similar tools.
  • – The introduction of erroneous data by the user or a third party.

PDA may temporarily suspend, without prior notice, the accessibility to the web site for maintenance, repair, updating or improvement operations. Nevertheless, whenever the circumstances allow it, PDA will communicate to the user, with sufficient notice, the date foreseen for the suspension of the contents.

DATA PROTECTION

If it is necessary for the user to provide personal data to access any of the services, the collection and processing of the data will be carried out in accordance with the regulations in force, in particular the GDPR. By using the website, you agree to such processing and warrant that all data provided by you is accurate.

We will treat this data in accordance with our Privacy Policy and will implement appropriate security measures, all in compliance with the GDPR. The User can access the policy followed in the processing of personal data, as well as the establishment of the purposes previously established, in the conditions defined in the Privacy Policy that can be accessed from our website www.pdainternational.net

COOKIES

PDA uses cookies, in order to optimize and customize your navigation through the website. Cookies are physical information files that are hosted on the user’s own terminal, the information collected through cookies is used to facilitate user navigation through the portal and optimize the browsing experience. The data collected through cookies can be shared with the creators of the same, but in no case the information obtained by them will be associated with personal data or data that can identify the user.

However, if the user does not want cookies to be installed on your hard drive, you can configure your browser to prevent the installation of these files. For more information, please see our Cookie Policy on our website www.pdainternational.net

APPLICABLE LAW AND JURISDICTION

In general, the relations between PDA and the users of its telematic services, present in the web site, are subject to the legislation and jurisdiction of Argentina.

The parties expressly waive the jurisdiction that may correspond to them and expressly submit to the Courts and Tribunals of Buenos Aires to solve any controversy that may arise in the interpretation or execution of the present contractual conditions.

MODIFICATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the website.