1. ADDRESSEE AND CHANGE OF WEBSITE
The following General Terms and Conditions govern the use of the Website www.atento.com and website sub domains property of ATENTO SPAIN HOLDCO S.L.U Sociedad Unipersonal with Tax Identification Number B-86445731, headquarters in Santiago de Compostela 94, 9ª planta, 28035 Madrid, and registered in Registro Mercantil de Madrid, Volume 29.588, Folio 142, Section 8, Page M-532.484 (hereinafter referred to as, "ATENTO"), provide the following to the visitors of this web site (hereinafter referred to as, "User"). The use of the Website implies full acceptance by the User of all General Terms and Conditions of the Website in effect every time the User accesses the Website. ATENTO reserves the right to amend the current General Terms and Conditions of the Website, as well as any other specific or private conditions, rules, instructions or warnings, whenever it considers appropriate. Likewise, ATENTO reserves the right to suspend, interrupt, or cease to operate the Website at any time.
Through this Website, ATENTO allows the access to different materials, information and data (hereinafter referred to as "Material") made available to the User by ATENTO or third-party suppliers of services and materials. ATENTO has the right to change, at any time, the presentation, configuration and location of the Website, as well as the Material and terms and Conditions. ATENTO reserves the right to modify the presentation, configuration and location of the Website at anytime, as well as the Contents and its conditions of access.
3. CONDITIONS OF USE AND ACCESS TO THE WEBSITE
3.1 Use and access to the website
The User acknowledges and accepts that the access and use to the Websiteand/or the Contents therein is free and under their sole responsibility. The User agrees to make a legal and appropriate use of this Website and its Material, pursuant to the current legislation, General Terms and Conditions of this Website, laws, morality and proper conduct. The User shall refrain from (I) making unauthorized or fraudulent use of the Website and/or its Material; (II) accessing or trying to access resources or restricted areas of this Website, without compliance with the conditions required for such access; (III) using the Website and/or its Material for illicit or illegal purposes, contrary to the terms established in the present General Terms and Conditions, good faith and law and order, to affecting the rights and interest of third parties, or that may otherwise affect, damage or overload the Website or prevent its normal use; (IV) cause damage to ATENTO's physical or logical systems, its suppliers or third parties; (V) introduce or spread viruses in the systems, or any other physical or logical systems; (VI) try to access, use and/or handle data pertaining to ATENTO, third parties or other users; (VII) reproduce, copy, distribute, allow access to the public through any type of media, change or amend the Material, except if the holder of such rights or his/her legal representative authorizes the User to do so; (viii) suppress, hide or handle notices about rights of industrial or intellectual property and other data pursuant to the rights of ATENTO or third parties included in the Material; as well as technical protection clauses or any mechanism of information that may be included in the Material; (IX) obtain and try to obtain the Material through the use of means or procedures different to those means or procedures made available for such effect, or expressly mentioned in the Web pages in which the Material is displayed, or different to those means or procedures frequently used in the Internet to prevent risk of damage or harm to the Web Address and/or its Material.
3.2 Establishing hyperlinks
Users willing to establish a link or hyperlink with ATENTO's Website shall obtain ATENTO's previous authorization and be subject to the compliance with the following obligations: (I) the link shall exclusively provide Access to the Website, any reproduction is forbidden; (II) no links shall be established with other pages except the home pagehttp://www.atento.com using a single browser window to said effect; (III) frames or other means that may imply or lead to the assumption that there is a connection between ATENTO and the website in which the link is included shall not be used; (IV) false, inaccurate or incorrect indications or information about ATENTO's Website shall not be provided; (V) statements or assumptions indicating that ATENTO has supervised or is responsible for material or services offered or displayed on the website in which the link was established shall not be made; (VI) the website with the link shall not display any brand, trade name, company label, denomination, logo, slogan or any signs owned by ATENTO and/or third parties without authorization; (VII) the website with the link shall not have information, images or any other item against the good moral principles or law and order. ATENTO has the right to forbid the inclusion of links to its Website when it believes that the address in which the link was included does not comply with the requirements set forth above. Under no circumstances shall ATENTO be liable for the consequences that may result from the introduction of links by third parties, or any material, information and services offered at the websites in which such links were created. ATENTO reserves the right to reject the admission of hyperlinks to its Website if it considers the website including the link does not comply with requirements, and under no circumstances will be liable for the consequences of introducing hyperlinks by third parties, nor for the materials, information and/or services offered through the website in which the link has been inserted.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The User acknowledges and accepts that all industrial and intellectual property rights on the Material and/or any other items included at the Website (including, without limitation, brands, logos, trade names, text, images, chats, audio and video, data base, software and presentations) are held by ATENTO and/or third parties. Under no circumstances does access to the Website grant a waiver, succession, license or partial or full assignment of such rights, except when expressly established otherwise. The current General Terms and Conditions of the Website do not grant to Users any other right to use, amend, exploit, reproduce, distribute or communicate to the public the Website and/or its Material, except when expressly provided for. Any other use or exploitation of any rights shall be subject to the previous and express authorization, specially granted to such effect, by ATENTO or a third party holder of such rights. ATENTO authorizes the Users to use, view, print, download and save the Material and/or items published on its Website exclusively for personal and not-for-profit use, provided that the source and/or author of such material is mentioned ( copyright symbol and/or notes of industrial property of their holders shall be displayed). The use, reproduction, communication and/or distribution of such elements for profitable or commercial purposes are expressly forbidden, as well as any amendments or fragmentation thereto. Previous consent by the holder of such rights, in writing, is necessary for any use other than that expressly permitted. If such rules are breached, ATENTO shall file legal proceedings with the corresponding authorities for the breach of industrial and intellectual property rights.
The User acknowledges and accepts the inclusion of their Personal Data in the Websites forms, exclusively under their permission, and with the understanding that the information will be available to the general public online.
In accordance with the provisions of Organic Law 15/1999 on the Protection of Personal Data “LOPD” and the implementing regulations, the user is informed and gives consent to the incorporation of their personal data to ATENTO's automated files and the automated processing thereof, which may be used for promotional purposes by ATENTO.
The Personal Data will be processed and incorporated into the relevant automated files, which are duly registered in the General Data Protection Registry.
6. DISCLAIMER OF WARANTEES AND LIABILITY
6.1 Disclaimer of warrantees and liability for the functioning of the Website.
ATENTO does not warrantee the availability and continuity of the Website or those websites with which it has established a link. In addition, Atento will in no way be liable for any damages that may result from (i) the lack of availability or accessibility of the Website or those sites that link has been established, (ii) interruption in the operation Website or IT failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads of telephone lines, the Internet system or other electronic systems produced in the course of its operation, (iii) the inadequacy Website for User's needs, (IV) other damages that may be caused by third parties through unauthorized use beyond the control of Atento, (V) the presence of viruses or other elements that may cause changes in physical systems or software, electronic documents or files and Conditions.
6.2 Disclaimer of warrantees and liability for the use of the Website.
ATENTO is not responsible in any way for the use that Users and / or third parties may make of the Website or the Content, or for any damages arising there from.
6.3 Disclaimer of warrantees and liability for the Contents.
ATENTO does not edit the Content posted on the Site by third parties, nor is it responsible for the legality, reliability, truthfulness, accuracy, thoroughness or timeliness of such Content.
6.4 Disclaimer of warrantees and liability for links.
The Website may make available to Users the technical means to allow users to access pages and/or websites belonging to or managed by third parties. ATENTO checks the contents of those sites at the time it establishes a link to them and does so in good faith and the belief that such contents comply with applicable legislation. However, in no event is ATENTO liable for or does it approve nor endorse products, services, content, information, data, files and any kind of material on such web pages and does not control nor does it accept responsibility, endorse or own any subsequent modifications of such materials. In the event that it deem appropriate or is required to by a court or administrative order, ATENTO will remove links to those websites that violate the applicable law and/or adversely affects the rights of others.
7. IN CASE OF BREACH
ATENTO reserves the right to exercise all available legal actions to claim liabilities derived from the breach of any of the provisions included in the Terms and Conditions and Conditions of the Website by a User.
8. PARTIAL ANNULMENT
Declaration of any of these General Terms and Conditions null and void or ineffective shall not affect the validity or enforceability of the remainder, which will remain binding between the parties. The waiver by either party to demand at any given time the compliance of any of the conditions set forth herein does not imply a general waiver to the fulfillment of another condition or conditions, nor create a vested right to the other party.
9. APPLICABLE LAW AND JURISDICTION
The service of the Website and these Terms and Conditions of the Website are governed by Spanish law. Insofar as is permitted by law, the parties expressly waive any other jurisdiction that may apply, agree to submit to the jurisdiction of the courts of the city of Madrid. This is a translation, in case of any discrepancy or dispute, the original Spanish version shall prevail.