Legal Notice

1. LEGAL INFORMATION AND ACCEPTANCE OF THE LEGAL NOTICE

The terms and conditions contained in this Legal Notice govern the use of the website www.saba.es (hereinafter, the “Website”) and the SABA application (hereinafter, the “App”), both owned by Saba Aparcamientos, SA (hereinafter “SABA”), which SABA makes available to users in order to provide them with information and allow the contracting and payment of services and products (hereinafter, “the Service/s and Product/s”).

SABA, with tax identification number A08197931, has its registered office at Avenida del Parc Logístic , 22-26, 08040 Barcelona, and is registered in the Mercantile Registry of Barcelona, Sheet 11.061, Folio 150, Book 867. If you wish to contact SABA you can use the postal address indicated above, via WhatsApp 662418060 or, if you prefer, via email atclientesaba@sabagroup.com .

Use of the Website/App by Users implies acceptance of all the terms and conditions included in this Legal Notice. SABA reserves the right to modify this Legal Notice at any time, and such modifications will be binding from the date of publication.

Some Services and Products offered through the Website/App are subject to terms and conditions of purchase and specific conditions that must be accepted by Users before contracting the corresponding Service or Product. Contracting such Services and Products constitutes the User's full and unconditional acceptance of these documents in the version published by SABA at the time of contracting.

2. WEBSITE/APP TERMS OF USE

Use of the Website/App is entirely voluntary and is carried out under the User's responsibility.

Users may only access the Website/App through the means or procedures that have been made available to them for this purpose on the Website/App or are commonly used for that purpose, provided that they do not involve the violation of intellectual or industrial property rights or imply any type of damage to the Website/App.

Users agree to use the Website/App diligently, legally, correctly and lawfully and, in particular, undertake, by way of example only and not as an exhaustive list, to refrain from:

1. Use of the Website/App in such a way that they produce or may produce effects and/or for purposes contrary to the law, morality and generally accepted good customs or public order;
2. Transmit or disseminate information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and in general, any obscene, offensive, vulgar material or material that induces criminal, denigrating, defamatory, slanderous, violent acts or, in general, acts contrary to the law, morality and generally accepted good customs or public order;
3. Reproducing, copying, or distributing the contents, as well as allowing public access to them through any means of public communication, or transforming or modifying them, unless authorized by the holder of the corresponding rights or legally permitted;
4. Infringing intellectual or industrial property rights belonging to SABA or third parties;
5. Use of the Website/App in a way that could cause harm or overload to the operation of the Website/App;
6. To carry out fraudulent transactions or transactions that may facilitate illegal or fraudulent conduct of any kind; and
7. Use Website/App and, in particular, any information obtained through the Website/App for any type of advertising purpose and, especially, to send advertising, communications for direct sales purposes or for any other type of commercial purpose, unsolicited messages individualized or directed to a plurality of people, as well as to market or disclose such information in any way.

Users will be liable for any damages of any kind that SABA may suffer, directly or indirectly, as a result of the breach of any of the obligations arising from this Legal Notice or the law in relation to the use of the Website/App.

3. SABA USER REGISTRATION

In order to purchase Services or Products through the Website/App, prior registration of the User is required, for which the email address will be requested, which will be the User's identifier, and the choice of a password, which allows the authentication of the User.

This information will be requested each time the User wishes to purchase Services or Products or access the private area of the Website/App, and will therefore serve as the identification and authentication procedure within the system. The chosen password will be personal and non-transferable; its assignment, even temporarily, to third parties is not permitted.

To register as a User on the Website/App you must be over 18 years old.

Regarding the request for personal data by SABA, the provisions of Clause 8 of this Legal Notice and the Privacy and Cookies Policy will apply.

In this regard, Users agree to use their chosen password diligently and keep it secret. Should Users become aware of or suspect the loss, theft, or unauthorized use of their password, they must notify SABA as soon as possible.

Users are advised to change their password periodically. SABA will not request, by any means, whether email or otherwise, that the User provide their password.

Each User will be responsible for the costs and damage caused by the use of the Website/App by any third party who uses their password for this purpose as a result of the User's negligent use or loss of the password .

4. EXCLUSION OF WARRANTIES AND LIABILITY

SABA reserves the right to interrupt access to the Website/App, as well as the provision of any or all of the content or services and/or products provided through the Website/App, at any time and without prior notice, whether for technical, security, control, maintenance reasons, power outages or any other justifiable cause.

Consequently, SABA does not guarantee the reliability, availability, or continuity of the Website/App. Therefore, its use by Users is at their own risk, and SABA shall not be held liable for any interruption or unavailability of the Website/App. SABA shall not be responsible for service interruptions , delays, errors, malfunctions, or any other inconveniences arising from causes beyond SABA 's control, and/or due to the intentional or negligent actions of Users, and/or due to force majeure. Without prejudice to the provisions of Article 1105 of the Civil Code, the concept of Force Majeure, for the purposes of these general terms and conditions, shall also include all events beyond SABA's control, such as: failures of third-party operators or service companies, acts of government, lack of access to third-party networks, acts or omissions of public authorities, events resulting from natural phenomena, power outages, etc., and attacks by hackers, crackers, or other third parties on the security or integrity of the computer system. In any case, whatever the cause, SABA shall not assume any liability whatsoever for direct or indirect damages, consequential damages, and/or lost profits.

SABA excludes all liability for damages of any kind that may arise from the lack of truthfulness, accuracy, completeness, and/or timeliness of the content transmitted, disseminated, stored, made available, or received, obtained, or accessed through the Website/App, nor for content provided or offered by third parties or entities. SABA will make every effort to update and correct any information hosted on the Website/App that does not meet minimum standards of accuracy. However, it will not be liable for its failure to update or correct such information, nor for the content and information posted therein.

SABA is not responsible for the content of the information collected on the Website/App, as well as for any opinions, comments, assessments or any other statement collected therein that are not issued directly by SABA.

SABA excludes any liability for damages of any kind that may be due to the presence of viruses or other harmful elements in the content that may cause alteration in computer systems, as well as in documents or systems stored in them.

SABA is not responsible for the content, whatever it may be, that Users send to SABA through the Website/App, such as email or any other means, and therefore any liability arising from the content sent by the Users is attributable to them.

SABA is not responsible for the use that Users make of the Website/App content, their passwords, or any other material contained on the Website/App that may constitute a violation of any type of national or international law, intellectual or industrial property rights, or any other third-party rights. Likewise, it is not responsible for any security errors that may occur due to the use of outdated browser versions, or for the consequences that may arise from browser malfunction, whether due to improper configuration, the presence of computer viruses, or any other cause beyond SABA's control.

5. LINKS TO THIRD PARTIES (OUTGOING LINKS)

The Website may include technical linking devices, directories, and even search tools that allow Users to access Internet websites (hereinafter, "Linked Sites"). In these cases, SABA acts as a service provider and will only be liable for the content and services provided on the Linked Sites to the extent that it has actual knowledge of their illegality or that they may infringe upon the property or rights of third parties and has not disabled the link with due diligence.

If Users believe that a Linked Site contains illegal or inappropriate content, they may notify SABA at the contact address indicated in the first section of this Legal Notice, stating:

1. Information from the person communicating: name, address, telephone number and email address;
2. A description of the facts that reveal the illicit or inappropriate nature of the Linked Site; and
3. An express statement that the information contained in the communication is accurate.

Under no circumstances does this communication imply an obligation to remove the corresponding link, nor does it imply actual knowledge of the activities and/or content indicated by the communicator.

Under no circumstances should the existence of Linked Sites be presumed to imply the existence of agreements with the owners or operators thereof, nor the recommendation, promotion or identification of SABA with the statements, content or services provided.

SABA is not familiar with the content and services of the Linked Sites and therefore is not responsible for damages caused by the illegality, quality, obsolescence, unavailability, error and uselessness of the content and/or services of the Linked Sites or for any other damage that is not directly attributable to SABA.

If Users decide to visit and/or use any of the Linked Sites, they do so at their own risk, and will have to take appropriate protective measures against viruses or other harmful elements.

6. LINKS TO THE WEBSITE (INCOMING LINKS)

Third parties are not authorized to insert links from their own web pages to the Website without the express consent of SABA.

If a third party is authorized to use the link, this use will be done respecting the limitations and purposes provided for in the authorization itself.

SABA may request, at any time and without needing to provide the reasons for such request, that any link to the Website be removed, after which the owner of the linking website must proceed immediately to remove it.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY

All content on the Website/App, including but not limited to text, photographs, graphics, images, icons, technology, software, links, domains, trademarks and other audiovisual or sound content, as well as its graphic design and source code, is the exclusive property of SABA or third parties, whose rights are recognized by SABA, and is subject to intellectual and industrial property rights protected by national and international legislation.

Any use of any of the elements subject to industrial and intellectual property rights for any purpose, especially commercial, as well as their distribution, public communication, modification, alteration, transformation or decompilation, is strictly prohibited, unless expressly authorized in writing by the owner thereof.

Infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as an action constituting a crime as defined in the Penal Code.

8. POLICY AND PROTECTION OF PERSONAL DATA

The personal data that Users provide during registration and subsequent use of the Website/App or for the contracting, payment and provision of Services or Products will be processed in accordance with our Privacy and Cookies Policy available on the Website/App.

Users must read and accept this Privacy and Cookies Policy before providing their personal data to SABA.

9. GENERAL INFORMATION

Any clause or provision of this Legal Notice that is or becomes illegal, invalid or unenforceable will be excluded from it and will be considered inapplicable to the extent of such illegality, invalidity or unenforceability, and will be replaced by another that is as similar as possible to the previous one, but will not affect or prejudice the remaining provisions, which will remain outside the scope of any illegal, invalid or unenforceable clause or provision and will instead remain in full force and effect.

SABA excludes any type of warranty, and, therefore, is free from all liability arising from the points expressed above, as well as other aspects that may not be covered in this document.

10. APPLICABLE LAW AND JURISDICTION

The relationship between SABA and the User will be governed by current Spanish legislation and any dispute will be submitted to the Courts and Tribunals of Barcelona, or to the Courts and Tribunals indicated by the applicable current legislation.

DATE: December 1, 2020