derivársele por la utilización

English translation: for the use

19:42 Feb 16, 2021
Spanish to English translations [PRO]
Bus/Financial - Business/Commerce (general) / Website Ts & Cs
Spanish term or phrase: derivársele por la utilización
This is under the liability disclaimer section:

"Del mismo modo, EMPRESA advierte que los contenidos puestos a disposición de los Usuarios a modo de ejemplos tienen la condición de meros ejemplos teóricos. Por lo tanto, EMPRESA se exime de cualquier responsabilidad que pueda tratar de derivársele por la utilización de los mismos o por un uso inadecuado de estos."

Am tying myself up in knots with this, so hoping someone can straighten it out for me!
Many thanks
Comunican
United Kingdom
Local time: 04:49
English translation:for the use
Explanation:
I've seen other examples of this, like "que se pudiera intentar a fincar", but it's simply unnecessary because that part really goes without saying. I've never seen this kind of construction in English-language contracts (i.e., "any liability that a third party might attempt to establish against the company"), so I would omit the whole "que pueda tratar de derivársele" and leave it as "...any liability for the use of..."
Selected response from:

Robert Carter
Mexico
Local time: 21:49
Grading comment
Many thanks Robert and all!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +4for the use
Robert Carter
4 +1arise from the use of
neilmac


  

Answers


12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
for the use


Explanation:
I've seen other examples of this, like "que se pudiera intentar a fincar", but it's simply unnecessary because that part really goes without saying. I've never seen this kind of construction in English-language contracts (i.e., "any liability that a third party might attempt to establish against the company"), so I would omit the whole "que pueda tratar de derivársele" and leave it as "...any liability for the use of..."

Robert Carter
Mexico
Local time: 21:49
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 212
Grading comment
Many thanks Robert and all!

Peer comments on this answer (and responses from the answerer)
agree  Toni Castano: “Derivar a alguien por el uso…”, a very pompous way (not to say openly wrong!) of avoiding the natural and technically accurate verb “incurrir”, “incur”, which is what Coimunican should have come across here if the text had been drafted in good Spanish.
11 mins
  -> Yes, some form of "incurrir" is usually the way this goes, but either way it's quite unnecessary in English. Thanks, Toni, good to see you!

agree  philgoddard: "For their use" in this context.
33 mins

agree  David Hollywood
7 hrs

agree  neilmac: I prefer "arise from the use" as in my suggestion, maybe I'm just old-fashioned...
13 hrs
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13 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
arise from the use of


Explanation:
"EMPRESA disclaims any liability that may arise from the use of the same...." or words to that effect.
(Assuming it's the "derivársele" part you're asking about)


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Note added at 13 hrs (2021-02-17 09:06:45 GMT)
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I'd probably use "EMPRESA accepts no liability that may arise from....", maybe it's a US vs UK thing....

Example sentence(s):
  • I release OLX from any liability that may arise from my use of this site
  • X excludes any liability that may arise from delays or blockages
neilmac
Spain
Local time: 05:49
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 564

Peer comments on this answer (and responses from the answerer)
agree  Luigi Benetton: The context makes this pretty clear to me. Several ways to say it, and you might find more on disclaimers from other companies in the same industry.
6 hrs
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