Terms of use

Date of publication: 10/10/2022

Date updated: 29/09/2023

These terms of use govern your access to and use of (i) DEI Standard Index® platform, (ii) beinmindset.com, (iii) bein-certification.com (iv) certificacion.beinmindset.com and (v) beincertification.com, including any other content, functionality and services offered on or through any of these websites, desktop applications or mobile applications, whether as a guest or a registered user.

Please read these Terms of Use carefully before you start using this website. By using this website, you agree to be bound by these Terms of Use. If you wish to obtain information about the processing of your personal data collected on the website, please refer to the Privacy Policy.

Changes to the Terms of Use

We may revise and update these Terms as we as an organisation deem appropriate. All changes will be effective immediately upon posting and will apply to all access to and use of the Site from that point in time.

Your continued use of the website following the posting of the revised Terms of Use means that you accept and agree to the changes. Visitors to this site are expected to check these terms from time to time to keep up to date with any changes, as they are binding.

Website Access and Account Security

We reserve the right to withdraw or amend this website and any service or material we provide on it, at the organisation’s discretion and without notice. The organisation accepts no liability if, for any reason, the whole or any part of 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 the entire website, to users, including registered users.

You are responsible for:

– Taking all necessary steps to gain access to the Website.

– Ensuring that all persons accessing the Website through your Internet connection are aware of these Terms of Use and comply with them.

In order to access the website or some of the resources it offers, we may require the visitor to provide certain registration details or other information. It is a condition of use of this website that all information you provide as a visitor is accurate, current and complete. Your acceptance of the web Privacy Policy is mandatory if you provide us with personal data through any web form on the web addresses listed at the beginning of this document. You must accept the processing of personal data on the services offered, whether they are free or paid, before proceeding to access the web platform that allows execution of these services. This information will be made available to users[1] and clients prior to accessing the requested service. Accessing these services will not be possible without expressly accepting the conditions for the processing of their personal data.

In order to access the paid services, you must follow the indications that appear on the BEIN MINDSET website and formalise the payment and contracting of said services. This condition for contracting the services may change at any time. Any change in these circumstances will also be reported on the website www.beinmindset.com. For further information, it is recommended that you contact BEIN MINDSET.

If you choose, or we provide, a username, password or other information to you as part of our security procedures, such information is confidential, and you must not disclose it to any other person or entity. Your account is personal to you, and you must not provide access to this website or any part of it to any other person using your username, password or other security information. You must also notify us immediately of any unauthorised access to or use of your username or password or any other breach of security. You also agree to ensure that you sign out of your account at the end of each session. You should take special care when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if we determine that any provision of these Terms of Use has been violated.

Intellectual Property Rights

This website and all of its content, features and functionality (including, but not limited to, all information, software, text, screens, images, video and audio, and the design, selection and arrangement thereof) are the property of the organisation and are protected by copyright, trademark, patent and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use this website solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any material from our website, except as follows:

Temporarily storing copies of such materials in RAM following your accessing and viewing those materials.
Store files that your web browser automatically caches for better viewing.
Print or download a copy of a reasonable number of pages of the website for your personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, a single copy may be downloaded to your computer or mobile device for your personal, non-commercial use only, provided you accept the licence agreement for the use of such applications.
If we provide social network features with certain content, actions that are enabled by those features may be performed.

You are not permitted to:

Modify copies of any material on this site
Use illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text
Remove or alter any copyright, trademark or other proprietary rights notices from copies of materials on this site

Notwithstanding the above restrictions, certain reports and evaluations generated by us may be exported in PDF, CSV or other similar file format if we offer such an option. Such reports are intended for personal or in-house use only.

No part of the website or any service or material available through this website may be accessed or used for commercial purposes.

If you wish to make any use of material on this website other than that set out in this section, please address your request to us as set out in the Privacy Policy.

If you print, copy, modify, download, use or provide any other person with access to any part of this website in violation of the Terms of Use, your right to use this website will cease immediately and any copies of the materials you have made must be returned or destroyed. No right or title to the website or any of its contents is transferred, and Bein Mindset reserves all rights not expressly granted. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The name of the organisation, the terms Bein Mindset, Bein mindset, Bein, Be(in) Certification, Be(in) By Your People, Bein platform, DEI platform, DEI Standard Index® platform, DEISI platform, the organisation’s logo and all related names, logos, product and service names, designs and slogans are trademarks of the organisation and its members. Such marks may not be used without the prior written permission of the organisation. All other names, logos, product and service names, designs and slogans on this website are trademarks of their respective owners.

Prohibited Uses

You may use this website only for lawful purposes and in accordance with these Terms of Use. You may not use this website:

In any way that violates any applicable regional, state, local or international law or regulation (including, but not limited to, laws relating to the export of data or software to and from Spain and other countries).
For the purpose of exploiting, harming or attempting to exploit minors in any way, exposing them to inappropriate content, soliciting personally identifiable information or otherwise.
To send, receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in the Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate Bein Mindset, any person working within the organisation, another user or any other person or entity (including, without limitation, through the use of email addresses associated with any of the aforementioned)
Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as we determine, may damage the organisation or users of the website or expose them to liability.

In addition, the user of this website agrees not to:

Use the website in any manner that could disable, overburden, damage or impair the website or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website.
Use any robot, spider or other automatic device, process or means to access the website for any purpose, including monitoring or copying any material on the website.
Use any manual process to monitor or copy any material on the website or for any other unauthorised purpose without our prior written consent.
Use any device or software that interferes with the proper functioning of the website.
Introduce viruses, Trojan horses, worms, logic bombs or other malicious or technologically harmful material.
Attempt to gain unauthorised access to, interfere with, damage or disrupt any section of the website, the server on which the website is stored or any server, computer or database connected to the website.
Attack the website via a denial-of-service attack or a distributed denial-of-service attack.

While we maintain safeguards to protect your data, we may prosecute any party that unlawfully attempts to extract member data from this site.

User Contributions

This website may contain message boards, chat rooms, personal web pages or profiles, forums, etc. including, but not limited to, Bein-Certification, noticeboards and other interactive features that allow users to post, submit, display or transmit to other users or other persons (“post”) content or materials (collectively, “User Contributions”) on or through this website.

All User Contributions must comply with the Content Standards set forth in these Terms of Use.

Any User Contributions posted on this site shall be deemed to be non-confidential and non-proprietary. By providing any Contribution on this website and providing us with your affirmative consent, you grant Bein and our affiliates and service providers, and each of their respective affiliates, the right to use, reproduce, modify, perform, display, distribute and disclose to third parties such material in accordance with your account settings.

In this regard, you represent and warrant that:

You own or control all rights to the User Contributions and have the right to license the User Contributions to Bein, our standards partner entities and/or organisations (organisations with which we have entered into a relationship with respect to Bein certifications or other tools/services we provide) and our affiliates and service providers, and each of their respective affiliates and assignees.
All of your User Contributions do and will comply with these Terms of Use and will not result in a violation of our Privacy and Security Policies.

You further understand and acknowledge that you are responsible for any User Contributions you make, and that you – and not the Bein organization – have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. You further understand and acknowledge that Personal Information of third parties should not be provided through User Contributions without the affirmative consent of such third parties.

We are not responsible, nor are we liable to any third party, for the content or accuracy of User Contributions posted by any user of this website. We are also not responsible, nor are we liable to any third party, for any breach of privacy resulting from a third party’s Personal Information submitted to us through User Contributions.

Monitoring and Enforcement of User Contributions

We have the right to:

Remove or refuse to publish User Contributions at Bein’s discretion
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, and if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property or other right of any person or entity, threatens the personal safety of users of this website or the public, or may result in liability to Bein.
Disclose your identity as a user or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action against any illegal or unauthorised use of this website.
Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.

Without limiting the aforementioned, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You further agree as a user to waive and limit the company and its affiliates, licensors and service providers from any claims resulting from any actions taken by any of the foregoing parties during or as a result of their investigations and from any actions taken as a result of investigations by any of the foregoing parties or authorities.

We do not undertake to review all material before it is posted on the Website and cannot guarantee the immediate removal of objectionable material after it has been posted. Accordingly, we assume no responsibility or liability for any action or inaction with respect to transmissions, communications or content provided by any user or third party. We have no liability to anyone for the performance or non-performance of the activities described in this section.

Content standards

These content standards apply to any and all User Contributions and use of the Interactive Services. User Contributions must fully comply with all applicable regional, state, local and international laws and regulations. Without limiting the aforementioned, User Contributions must not:

Contain any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable material.
Promoting sexually explicit or pornographic material, violence or discrimination on the basis of ethnicity, sex, gender identity, religion, nationality, disability, sexual orientation, age, or other.
Infringe any patent, trademark, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use, as well as our Privacy Policy and Security Policy.
Intend to deceive any person.
Promote any illegal activity, or advocate, promote or assist in any illegal act.
Cause annoyance, inconvenience or unnecessary anxiety that annoys, embarrasses or alarms any other person.
Impersonate, or misrepresent your identity or affiliation, with any person or organisation.
Involve commercial activities or sales, such as contests, sweepstakes and other sales, exchange or advertising promotions.
Give the impression that they emanate from or are endorsed by Bein or any other person or entity, if this is not the case.

Confidence in Published Information

The information presented on or through this website is made available for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance placed on such information is strictly at your own discretion. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the website or by anyone who may be informed of any of its contents.

This website includes content provided by third parties, including materials provided by other users, bloggers and third parties. All statements and/or opinions expressed in these materials, and all articles and answers to questions and other content, other than content provided by Bein, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible to any person or third party for the content or accuracy of any materials provided by third parties.

Business directory

The organisation maintains a directory of certified companies. Bein reserves the right to remove a profile from the company directory without notice if it determines that it is a profile that contains inaccuracies or misrepresentations.

Links to the website and social networking features

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, or suggest any form of false association, approval or endorsement on our part.

This website may provide certain social networking features that allow you to:

Link from your own website or from some third-party websites to certain content on this website.
Send emails or other communications containing certain content, or links to certain content, on this website.
To cause limited portions of the content of this website to be displayed or appear on your own website or on certain third-party websites.

You may use these features only if they are provided by us, only with respect to the content they display, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the above, it is not permitted:

Establish a link from any website that you do not own.
Causing the website or parts of it to be displayed, or to appear to be displayed, for example by framing, deep-linking or in-line linking, on any other site.

The website from which you link to, or on which you access certain Bein content must comply with the Content Standards set forth in these Terms of Use.

You agree to cooperate with us in causing any unauthorised framing or linking to cease immediately. We reserve the right to withdraw linking permission without notice.

We may disable all or some of the social media features and any links at any time without notice at the discretion of the organisation.

Links from the website

If the website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use of those websites.

Disclaimer of warranties

As a user of this website, you understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of lost data.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Use of this website, its content and any services or items obtained through it is at the user’s own risk. This website, its content and any services or items obtained through it are provided on an “as is” and “as available” basis, without any warranty of any kind, either express or implied. Neither Bein nor any person associated with the organisation makes any warranties or representations as to the completeness, security, reliability, quality, accuracy or availability of the website.

Without limiting the foregoing, neither Bein nor anyone associated with the organisation represents or warrants that the website, its content or any service or item obtained through it is accurate, reliable or error-free. Nor does Bein warrant that errors will be corrected; that the server and website that makes this content available are free of viruses or other harmful components; or that the website or any service or item obtained through it will meet your needs or expectations.

The organisation disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including, but not limited to, any warranties of merchantability, non-infringement and fitness for a particular purpose.

The foregoing does not affect any warranty that cannot be excluded or limited under applicable law.

Limitation of liability

Under no circumstances shall the organization, its affiliates, service provider organisations, staff, agents or directors be liable for any damages of any kind arising out of or in connection with the use of, or inability to use, this website, any website linked to it, any content on the website or on linked websites or any services or items obtained through the website or such linked websites, including any direct, indirect, special, incidental, consequential or punitive damages; including, but not limited to, personal injury, pain and suffering, emotional distress, loss of income, loss of profits, loss of business or anticipated savings, loss of goodwill, loss of data; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

Under these Terms, you agree to defend, indemnify and waive the responsibility of the organisation, its affiliates, licensors and service provider organizations, and their respective officers, directors, employees, contractors, agents, licensors, suppliers and assignees, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms of Use or your use of the Website, including, without limitation, User Contributions, any use of Website content, services and products other than as expressly authorized in these Terms of Use or the use of any information obtained from this Website.

Applicable Law and Jurisdiction

All matters relating to this website and these Terms of Use, and any dispute or claim arising out of or relating to it (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with Spanish law.

You hereby agree that, as the final means of resolving any dispute, legal claim, action or proceeding arising under these Terms of Use, the Privacy and Security Policies or this website, the Parties will submit to binding arbitration. Proceedings may be conducted by teleconference for the convenience of either Party, and the findings of the arbitrator shall be binding, final and enforceable against the Parties. Such findings may be reduced to judgment in a court of appropriate jurisdiction. Any cause of action arising out of use of this site must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use and the remainder of these Terms of Use will continue in full force and effect. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings. As a user, you waive any and all objections to the exercise of jurisdiction over you by such arbitrations and the venue in such arbitrations.

Waiver and Severability

No waiver by the organization of any term or condition set forth in these Terms of Use shall be deemed a further waiver of such term or condition or a waiver of any other term or condition; and any failure of the organization to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms of Use shall continue in full force and effect.

Access to Paid Services Offered

In order to access the payment services, you must follow the indications that appear on the BEIN MINDSET website and follow its instructions to formalise the payment and contracting of said services, as it is not currently possible to contract them directly through the website www.beinmindset.com. This condition for contracting the services may change at any time. Users of free services and current customers of paid services will be informed of any change in the contracting conditions of the services offered by BEIN MINDSET. Any change in these circumstances will also be reported on the website www.beinmindset.com. For further information, it is recommended that you contact BEIN MINDSET.

Access to free and paid services is subject to the indications on the website. For more information on prices, terms and payment methods, please contact BEIN MINDSET.

Full Agreement

The Terms of Use, our Privacy Policy and Cookie Policy constitute the sole and entire agreement between you and the organisation and its affiliates with respect to this website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to this website.

Your Comments and Concerns

All comments, requests for technical support and other communications relating to this website should be addressed in the manner set out in our Privacy Policy.

[1] Technical language referring to any person who “uses”.