® SIELE©. All rights reserved
The present Legal Notice sets forth the terms and conditions of use for users (hereinafter, the "Users") of the SIELE platform located on the website www.siele.org (hereinafter, the "Website") of shared ownership between the Cervantes Institute, the National Autonomous University of Mexico, University of Salamanca and the University of Buenos Aires (hereinafter, the "INSTITUTIONS"), whose intellectual and industrial property exploitation rights are relinquished to Telefónica Educación Digital, S.L.U. (hereinafter, "TED" or "Us"), to supply online SIELE services of assessment and certification of Spanish language proficiency (hereinafter, the "SIELE Services").
In compliance with article 10 of Law 34/2002, from the 11th of July, on Information Society Services and Electronic Commerce, TED notifies that the company responsible for this Website is:
- Corporate name: Telefónica Educación Digital, S.L.U..
- VAT: B82857053.
- Corporate address: C/ Gran Vía número 28, 28013 de Madrid. Spain
- Registration data: Company registered in the Madrid Business Register, volume 17.1963; book 0; section 8; sheet M-268.715.
- Email address: email@example.com
If the User wishes to contact us, we are available via the following email address firstname.lastname@example.org, as well as through the postal address indicated above.
In the case that the User is a resident of the USA, he or she may also contact us via a letter by post addressed to User Support in the USA: 140 E 45th St Ste 17A New York, NY 10017 (United States of America)
Additionally, in the case that the User freely decides to contract one of the SIELE Services, the User must previously read and accept the Terms and Conditions for Contract. The User's use of the Website and its content is fully voluntary and the User accepts full liability for said use.
Neither TED, nor the INSTITUTIONS, shall be liable for (i) any losses that are not attributable to the breach of the present Legal Notice and any other terms and conditions that may be applicable, (ii) business losses (including loss of profit, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessarily incurred costs), or for (iii) any indirect or consequential losses that were not reasonably foreseen by both parties that could be incurred as a consequence of use of the Website or the SIELE Services.
Legislation in certain countries does not permit some or the totality of the limits of liability previously set forth. In the case that said legislation was applicable, some or all of said limits may not be applicable. Likewise, it is possible that the legislation may confer additional rights to those previously set forth.
Nothing set forth in the present Legal Notice limits or excludes the liability of TED and/or the INSTITUTIONS in the case of falsehood or personal damages attributed to their negligence or deceit.
Similarly, neither TED nor the INSTITUTIONS shall be liable for any delay or failure to comply with their obligations deriving from the present Legal Notice, if said delay or failure to comply were due to circumstances outside their reasonable control.
This information is also available in the languages offered on the SIELE Website.
In the case of translation discrepancy from the Spanish version of this text to your preferred language, the Spanish version shall prevail.
Changes to the Legal Notice
TED reserves the right to perform, at any time, modifications and updates to the information contained on the Website and in its Services, and of the configuration and presentation of the same.
Likewise, TED reserves the right to carry out, at any time, modifications, or to interrupt or eliminate Website functions, indicating so in the Legal Notice, at any time, particularly when motivated by modification to the applicable legislation or to the functions of the SIELE Platform.
Users may find out about any modifications that occur in the Legal Notice via the notice that TED will publish on the Website.
SIELE Platform Registration System
Some Website functions or other elements of the SIELE Services are found in certain areas of the Website that may require the User to register (hereinafter, the "SIELE Account"). Registration as a User implies simultaneous acceptance and subscription by the User to the SIELE Platform, without the need to fill out any additional forms and maintaining the same information the User used to complete the initial registration.
To be able to register and request any of the exams offered on the SIELE Platform (Global Exam or any of the Exam Modalities, as described in the Terms and Conditions for Contract for this Website), Website Users must be over the age of 14 years and must answer, in any case, with veracity, accuracy, validity and authenticity to the personal data provided and must commit to keeping said information duly updated. Minors under the age of 14 years shall only be able to use SIELE Platform services under the supervision of a parent or tutor. However, TED excuses itself from any liability due to failure to comply with this requirement.
If the User wants to open a SIELE Account, reserve a date to sit an exam, or request one of the other SIELE Services, the following basic, minimum information shall be necessary: name and last names, postal address, email address, contact telephone, valid identification document number in the corresponding country, choice of the Test to be sat, the date of the Test, and details regarding the authorized examination center where the User wishes to take the exam. The User is required to fill out those fields on the form that appear with an asterisk, as otherwise he or she will not be able to create their SIELE Account.
When the User utilizes SIELE services, he or she is responsible for maintaining the details of their SIELE Account and password confidential. Inasmuch as the applicable legislation allows, the User accepts to assume all responsibility coming from the activity carried out from their SIELE Account or using their password. Specifically, the User shall be responsible for choosing, as a password and hints, strong, difficult to guess passwords and sentences, in other words, numbers and letters and even, in permitting systems, punctuation marks and special characters. In particular, the User shall avoid choosing dictionary words, words related to him- or herself (name of a family member, address, date of birth, etc.) or words that are easy to guess (combinations of names with months, prefixes and suffixes, etc.). TED shall not be liable for any consequences, damage or harm that may derive from said access or information use.
The User shall take all necessary measures to ensure and safeguard the confidentiality of their password, and must immediately inform TED if the User has reason to believe that their password has been made known to a third party, or if it has been used in an unauthorized manner or is susceptible to such.
It is the User's responsibility to check that the information provided to us is correct and complete, and shall also be required to immediately inform us when any variation occurs to the information that was provided. The User may access their information and update it via the My Page section on the Website.
After registering your SIELE Account, we will send you an email within 24 hours confirming your registration has been satisfactorily completed along with a copy of the direct link to the legal texts you have accepted.
SIELE Account Cancellation
If the User wishes to cancel their SIELE Account, they can do so by notifying us at any time. The User must confirm such a decision by sending an email to address email@example.com.
TED may cancel your SIELE Account at any moment in the event of:
- a) In the event that the User breaches or infringes upon any provision of the Legal Notice or clearly and unequivocally acts in such a way as to indicate that the User intends to breach the provisions of the present Legal Notice.
- b) Due to repeated addition of Content protected by third party intellectual property rights without the mandatory license to incorporate such content into the Website, insomuch as it is understood that a repetitive attitude exists regarding the infraction of intellectual property rights.
- c) When due to any other cause under current legislation, judicial or administrative order it is considered necessary to cancel the User's account.
- d) Definitive cessation, closure, or deactivation of the Website, or in the case that TED is found to be in a transition process by which it must stop providing SIELE Services in the User's country of residence or from the country in which the User makes use of SIELE Services.
The intellectual property rights of the SIELE platform, its source code, design, browser structure, databases and various elements contained within are owned by TED and where appropriate by the INSTITUTIONS, to whom the exclusive rights to exploitation of the same correspond, in any form and, in particular, the rights to reproduction, distribution, public communication, availability, maintenance and transformation.
All content housed in the SIELE platform or provided for the User in any of the SIELE Services, for example texts, graphics, logos, page headings, button icons, scripts, images, audio clips, digital downloads, software, domains, brands, data collections and other audiovisual or sound content as well as the graphic design and source codes and any other material that the user may view (hereinafter as the "Content" or the "Contents"), are property of TED or of the INSTITUTIONS or of their content suppliers, and are protected by Spanish law, in addition to international legislation on intellectual property rights, author rights and database rights.
Via acceptance of and compliance with the present Legal Notice, the User provides non-exclusive, global, irrevocable, third party transferable and free license in favor of TED regarding all content the User adds or disseminates via the Website, to use, reproduce, distribute, create Content or derivative work and to implement this content, or not, via any known medium, in relation to providing SIELE Services and TED business and/or activity, including, without restriction, its partial or complete promotion and redistribution in any format and through any communication channel.
The User shall be responsible for ensuring that the information he or she uploads to the Website is not illegal, obscene, threatening, defamatory, or an invasion of privacy and does not infringe upon the intellectual rights or other rights of third parties.
In relation to the Content published on the Website, the User states and guarantees to have the necessary licenses, rights, consent and permission that may be necessary to permit TED to use the Content to the effects of providing SIELE Services, and to use said Content in accordance with that set forth in the present Legal Notice. The User declares to legitimately possess all the rights to the Content that the User communicates and publishes on the Website.
TED reserves the right to revise, eliminate, delete, or modify the User's Content, according to its own criteria, at any moment and without any other obligation or prior notice.
TED does not grant any license or permission for use of any type regarding its intellectual and/or property rights or any other property or right related to the Website, SIELE Services or the Contents.
Any use of any elements that are industrial or intellectual property is strictly prohibited for any purpose, particularly commercial, as well as distribution, public communication, modification, alteration, and transformation, except for with express written authorization from the owner.
Violation of any of the quoted rights may constitute a breach of the present provisions, and an action constituting an offense established under the Spanish Penal Code.
SIELE, Telefónica Educación Digital, S.L.U., the Cervantes Institute, the National Autonomous University of Mexico, the University of Salamanca, the University of Buenos Aires and any other graphics, logos, designs, headings, icons, command sequences and service names are registered trademarks owned by TED and/or the INSTITUTIONS. Under no circumstances may the brands and brand images of TED and the INSTITUTIONS be copied or imitated, partially or in their totality, nor may they be used by the User or any third party, without prior written consent from the owner.
Unauthorized use of the Website Content and SIELE Services, as well as breach of the corresponding Intellectual or Industrial Property Rights, shall result in the legally established liabilities.
The User shall be liable for indemnifying and compensating TED and/or the INSTITUTIONS as consequence of any complaint due to improper or unauthorized use of the Website Contents and SIELE Services.
The User may not make free use of the rest of the elements or Contents integrated into the Website that are the property of TED or for which TED has authorization, particularly those that are subject to intellectual or industrial property rights, such as the web design or brands. Prior and written consent from TED shall be required before using these elements.
The User is required to use the Contents and SIELE Services in a diligent, legal, correct and lawful manner, and shall particularly abstain, without limitation, from:
- a) using the Contents and SIELE Services in such a manner that produces or may produce effects contrary to the law, generally accepted morals and decency, or public order.
- b) transmitting or disseminating information, data, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and in general, any material or Content that is obscene, offensive, vulgar or that incites acts of a criminal, denigrating, defamatory, slanderous or violent nature or, in general, are contrary to the law, generally accepted morals and decency, or public order;
- c) reproducing, copying, or distributing, partially or in totality, the Contents, as well as allowing public access to the same via any type of public communication, or transforming or modifying said Contents, unless, except where otherwise provided for in the present Legal Notice, the User has due authorization from the owner of the corresponding rights or it is legally permitted;
- d) violating intellectual or industrial property rights pertaining to TED, the INSTITUTIONS and/or third parties.
- e) using the SIELE Services and Contents in such a way that may cause damage to or overload the Website;
- f) performing fraudulent transactions or actions that may lead to illicit or fraudulent conduct of any kind;
- g) employing the Contents and SIELE Services and, in particular, information of any type obtained via the Website for any type of advertising purposes, particularly for send advertising, communications for the purpose of direct sales or any other type of commercial purpose, unsolicited individualized messages or messages addressed to multiple people, as well as messages for sales purposes or to disclose said information without authorization from TED and the addressee; and
- h) accessing the Contents for any reason not exclusively of a personal and non-commercial nature, according to the normal functions of the Service.
The User shall be liable for damages and losses of any nature that TED may suffer, either directly or indirectly, as a consequence of failure to comply with any of the obligations under this Legal Notice or the law in relation to use of the Website.
The User understands and accepts their sole liability for their own Content and the consequences of sharing or publishing it.
Information regarding the SIELE Services as offered on the Website (contracting, price characteristics, applicable taxes, costs, when charged to the User and other specific circumstances) can be found in the document Terms and Conditions for Contract applicable to the SIELE Services.
Systematic extraction or reuse of any part of the Contents or the SIELE Services is expressly prohibited without prior written consent from TED or the INSTITUTIONS. In particular, the use of tools or search robots and data extraction for extraction (on either one or multiple occasions) of substantial parts of the SIELE Services for reuse without prior written consent from TED or the INSTITUTIONS, where appropriate. Nor is the User permitted to create or publish their own databases when these contain substantial parts of any of the SIELE Services (for example, our tests lists, products, and price lists) without express written consent from TED or the INSTITUTIONS, where appropriate.
All the Tests and materials related to these tests, such as publications, reports, and other materials in any type of media, are under copyright. If the User wanted to reproduce this material under copyright, he or she would have to obtain the necessary relevant permission. This permission shall only be conceded in writing, therefore, any unwritten concession shall be considered as not binding. To request permission, the User must contact TED via email at address firstname.lastname@example.org
Ted reserves the right to interrupt access to the Website, as well as the supply of any or all the Contents and SIELE Services that are provided on the Website, at any time and without prior notice, due to technical, security or maintenance reasons, or due to electricity failures or for any other founded cause.
The SIELE Service is provided "as is," and therefore does not offer any related warranty. Accordingly, we do not guarantee:
- a) The reliability, availability nor continuity of the Website or the Contents provided by the User or third parties, nor the absence of errors among Website access or Content, nor that the Website shall be updated, although the greatest effort shall be made, where appropriate, to avoid, remedy and update these;
b) interruptions, delays, errors, improper functioning of the SIELE Service and, in general, other inconveniences due to causes outside the control of TED, and/or due to wrongful or unlawful conduct on the part of the Users and/or due to causes of force majeure.
For the purposes of the present Legal Notice, force majeure shall be understood as all events occurring outside the control of TED, such as: failure on the part of third parties, operators or service companies, government action, lack of access to third party networks, actions or omissions by Public Authorities, events occurring due to natural phenomena, outages, etc. and attacks on computer system security and integrity by hackers, crackers or other third parties;
c) The veracity, accuracy, thoroughness and/or update of the Contents that TED provides via the Website, nor the content added or offered by third persons or parties.
Inasmuch as possible, we will try to update and rectify that information located on the Website that does not comply with the minimum guarantees of veracity or that could harm third parties. Nevertheless, TED shall be exempt from liability for not updating or rectifying both the Contents and information placed on the Website;
- d) the Contents, information, opinion, comments, reviews or any other statements made on the Website by the User or by third parties that are not directly emitted by TED;
- e) the use the User makes of the Contents and SIELE Services, as well as other Website materials that may represent a violation of any type of regulation, national or international, regarding intellectual or industrial property rights or any other third party rights;
- f) the presence of viruses or the presence of other harmful elements in the computer systems, as well as documents or systems stored in the same;
- g) potential security errors that may occur, nor potential damage to the User's computer system (hardware and software), files or documents stored in the same due to a virus in the User's computer used to connect to the Website's SIELE Services, improper browser functioning or the use of not updated versions of the same.
Both access to the Website and potential use of SIELE Services and the information contained there is the exclusive responsibility of the person to make such use. The User shall be liable for all actions carried out with their user identification via their SIELE Account.
TED respects the intellectual property of third parties. In this sense, it is committed to diligently responding to warnings of supposed third party rights and copyright infractions, in accordance with that set forth in the Digital Millennium Copyright Act and any other applicable regulation. If you believe that your intellectual property rights or those of third parties have been infringed upon, you must send an email to email@example.com indicating "INTELLECTUAL PROPERTY" in the subject line and detailing in the content of your email where you believe those intellectual property rights have been infringed upon.
Website Links (incoming and outgoing)
Regarding third party products and services mentioned, TED recognizes in favor of its owners the corresponding industrial and intellectual property rights, with the simple mention or appearance on the Website not implying the existence of rights nor responsibility over any of the same, nor endorsement, sponsorship, or recommendation.
Applicable Legislation and Courts
Legislation applicable to the present Legal Notice shall be the legislation of the place where the SIELE Service is provided to the User.