1. Definition of user

Accessing and/or using insuralex.com makes the person who does so a user of the site and means that from then on and without any reservation they accept these Conditions of Use, without prejudice to any Particular Conditions that INSURALEX may establish to regulate certain services and/or content. Users under 13 years of age must obtain the prior permission of their parents, guardians or legal representatives, who shall be deemed liable for the actions of the minors in their charge for all purposes.

2. Owner of the website

The information society service provider and owner of the site is INSURALEX with registered office at Zwartelaan 30, 2271 BR Voorburg, P.O.Box 716, 2270 AS Voorburg, The Netherlands, holder of Tax ID Code NL852698161B01 and address for the purposes of notification at the same address and email address webmaster@insuralex.com

3. Obligations of the user

The user undertakes to use insuralex.com in accordance with the legislation in force, in good faith, public order and generally accepted uses and standards of behaviour.The user likewise undertakes not to use insuralex.com for unlawful purposes or those that are damaging to the rights and/or interests of INSURALEX and/or third parties, and not to cause detriment to or prevent the normal operation of insuralex.com.

4. Responsibility of the user

The use made by the user of insuralex.com shall be the sole and exclusive responsibility of the latter, who shall hold INSURALEX harmless against any loss and/or damage suffered, directly or indirectly, by the user or third parties as a result of the user’s failure to observe these Conditions of Use. Accordingly, INSURALEX reserves the right to refuse access to and/or use of insuralex.com or any content and/or services thereof, to any user in breach of these Conditions of Use.

INSURALEX informs users that the mere fact of accessing the site and/or using its services and content implies users’ express and full acceptance of the website’s legal conditions governing its use and its Privacy Policy. For this reason, it is their responsibility to periodically review the legal conditions governing the use and privacy of the site in order to acquaint themselves with any subsequent versions that INSURALEX may publish.

5. Liability of INSURALEX

INSURALEX does not accept liability for the loss and/or damage of any kind suffered by the user or a third party as a result of:

(1) a third party using insuralex.com in violation of the security measures established by INSURALEX, its content or services to send a virus, or access or carry out unauthorised processing of data stored by INSURALEX;

(2) or, in general, the user or a third party using insuralex.com, its services and/or content in any way contrary to the conditions of access and use established by INSURALEX. Accordingly, INSURALEX reserves the right to deny access and/or use of insuralex.com or any of its content and/or services to any user in breach of these Conditions of Use.

6. Authorisation of use of trademarks and logos

INSURALEX is the owner of all the industrial property rights on the trademark and logo relating to the name INSURALEX and the domain insuralex.com; it is therefore legally authorised to use the trademark INSURALEX, any use or reproduction of the latter beyond that expressly provided for in these Conditions of Use being expressly prohibited.

Users’ access to the website, the provision of services and the publication of content for them to use, does not under any circumstances imply INSURALEX’S assignment, waiver or transfer, in whole or in part, of the ownership of the associated intellectual and industrial property rights. In fact, under no circumstances may users use or make use of the website, its content and services for other than exclusively personal purposes. With the exception of provisional, transitory or accessory reproduction that forms an integral part of the technological process of facilitating access and use of the website, no part of it may be reproduced, distributed, transmitted, copied, publicly communicated or transformed, in whole or in part, by means of any manual, electronic or mechanical system or method (including photocopying, recording or any information retrieval and storage system) using any medium currently known or invented in the future, without the authorisation of INSURALEX.

If the conduct of the user or the culpable or negligent omission directly or indirectly attributable to the latter causes the violation of the intellectual and industrial property rights of INSURALEX or third parties, whether or not this benefits the user, results in INSURALEX suffering damages, losses, joint and several liabilities, expenses of any kind, sanctions, actions for enforcement, fines and other amounts arising from or related to any claim, complaint, action, suit or proceedings, whether civil, criminal or administrative, INSURALEX shall be entitled to bring proceedings against the user using all legal means at its disposal and claim any amounts in compensation, including, but not limited to, reputational and non-material damages, consequential damages and loss of earnings, advertising costs or costs of any other kind that may result from their reparation, the amounts of sanctions or convictions, interest on late payment, the cost of financing all the legal costs and any legal losses that may be suffered by INSURALEX in any process in which they could be sued by INSURALEX on the grounds stated above, for damages arising from their action or omission, without prejudice to exercising any other actions to which we may be entitled by law.

7. Processing of personal data

INSURALEX has established a policy (Privacy Policy) which regulates the collection, storage, processing and use of the personal data supplied by users. INSURALEX guarantees its compliance with said policy which users can consult by clicking on the Privacy Policy link which appears on the menu at the bottom of insuralex.com.

8. Reservation of rights by INSURALEX

INSURALEX reserves the following rights:

• To modify all or part of insuralex.com, its design, content and/or services, and these Conditions of Use as and when it considers necessary.
• To interrupt, temporarily suspend or definitively insuralex.com or any content and/or service included on it, entirely at its own discretion.
• To establish specific terms and, where applicable, charge a price or impose other requirements in order to access certain of the website’s services and/or content.
• To restrict, exclude or impose conditions on users’ access to the website if their correct use of the site in accordance with the obligations and prohibitions they have assumed cannot be fully guaranteed.
• To cease providing a service or supplying content, without any right to compensation, when users use it unlawfully or contrary to the terms established in the conditions that govern it.
• To take any legal or judicial action necessary to protect the rights of INSURALEX and third parties that provide their services or content via the website, whenever this is advisable.
• To demand compensation for the improper or unlawful use of all or part of the services and content provided via the website.

9. Disclaimer

INSURALEX is exempt from any liability for damages of any kind in the following cases:

• Impossibility or difficulty in connecting to the communications network via which the website is accessible, irrespective of the type of connection used.
• Interruption, suspension or cancellation of access to the website, and availability and continuity of its operation, its services and/or content, when this is due (i) either to interruption for technical maintenance services (ii) for a reason beyond the control of INSURALEX, whether directly or indirectly due to the latter.
• INSURALEX does not accept any liability with regard to the services and content, nor for the availability and conditions, technical or otherwise, of access to them that are offered by third party service providers, particularly in the case of information society service providers. Information society service providers are deemed to mean natural or legal persons who provide the following services to the public: (i) transmission of data supplied by the recipient of the service via a communications network (ii) services providing access to said network (iii) data storage or hosting services (iv) supplying content or information (v) service consisting of the temporary copying of the data requested by users (vi) providing links to content or search tools.
• Loss or damage to information, content, products and services, including but not limited to those that are provided, communicated, hosted, transmitted, exhibited or offered by third parties outside INSURALEX – including information society service providers – via the website by means of links published on it.
• The subsequent use and processing of personal data carried out by third parties outside INSURALEX and also the relevance of the information requested by them.
• The quality and speed of access to the website and the technical conditions that the user’s equipment has to meet in order to access the website and its services and/or content.
• INSURALEX shall not be liable for any delays or failures that may occur in the access to and/or operation of the services and/or content of our websites and mobile apps due to force majeure.

10. Hyperlinks

INSURALEX prohibits the use of hypertext links without permission and the display using frames of content available on the Sites and Online Products. Consequently, it reserves the right to disable said elements and expressly declines all liability arising from the content available on other websites, services, tools or online applications linked to the insuralex.com site and its services. Accordingly, users who access any of the latter do so at their own risk.

11. Use of Cookies

In order to obtain information about storage and data retrieval devices on the terminals of users of the INSURALEX website, please consult our Cookies Policy.

12. Electronic publications

INSURALEX is not obliged to examine the messages, information or content that users decide to disclose via the Websites and Online Products and, as a result, it declines any liability related with said disclosure. However, INSURALEX reserves the right to supervise said content when it considers this to be necessary and to reject or withdraw that which includes:

• Content that is unlawful, insulting, defamatory, threatening, vulgar, obscene, blasphemous, offensive, aggressive, violent, discriminatory (on ethnic or racial grounds) or objectionable for any other reason, including but not limited to content that encourages conduct that may incur civil or criminal penalties or violates any local, national or international legislation that may apply.
• Advertisements or requests of any kind [except on those sites that publish classified ads]; Messages published using a false identity.
• Messages containing personal data revealing telephone numbers, Social Security numbers, account numbers, addresses or references to employment.
• Messages published using a false identity attributable to authorised representatives of INSURALEX.
• Messages that enable the unlawful downloading of information in contravention of privacy or intellectual or industrial property rights.
• Messages located in separate folders sent by the same user and which constantly repeat the same argument.
• Bundled messages of any kind.

13. Applicable legislation and the resolution of disputes

The parties, expressly waiving their own jurisdiction, accept Dutch as the governing legislation of these Conditions of Use, and agree to submit to the jurisdiction of the Courts and Tribunals of Voorburg for the resolution of any disputes or litigation that may derive from said disputes.