Legal Notice |
In compliance with article 10 of Spanish Law 34/2002, of 11 July, on Information Society and Electronic Commerce Services (LSSICE), we hereby inform you that the party responsible for this website is: Company name: PROCAVI, S.L. (hereinafter, PROCAVI) Address: Carretera A-380, kilometre 17, Marchena (Seville). Registry data: Volume 3492, Sheet SE-48784, Folio 22. Internet domain: www.procavi.es For communications from users and/or interested parties, please send an e-mail to the following e-mail address: elena.marin@grupofuertes.com 1.- CONCEPT OF USER A user is understood to be anyone who accesses the website, whether or not they use the contents or information provided therein. The USER expressly declares and accepts that access to the website implies their unequivocal commitment to comply with each and every one of the general conditions of mere access and use of any of the contents provided and/or rendered by the website. In any case, if the USER does not understand or assume compliance with all or part of the aforementioned general conditions, they must not access or use the website and/or the content available and/or provided through it. Consequently, the USER must read this Legal Notice carefully each time they intend to use the website, as it may undergo modifications. In the event of any doubt arising from reading the Legal Notice, please do not hesitate to contact the owner of the website at the above address. 2.- PURPOSE The owner of the website, through it, offers the USER access to a series of contents and information that may be provided by the owner itself or by third parties. PROCAVI reserves the right to limit, interrupt and suspend access to the website or the use of all or some of its contents or information at any time. Likewise, the owner reserves the right, at any time, to modify the location of the contents available on the website, as well as the configuration of the contents or information itself and access thereto, and even the look and feel. 3. CONDITIONS OF ACCESS TO AND USE OF THE WEBSITE 3.1. ACCESS AND GENERAL USE OF THE WEBSITE CARRIED OUT BY A USER. The USER expressly and unequivocally accepts that access to and use of the website does not imply any kind of guarantee, which is expressly waived by the owner, regarding the suitability of the contents included therein for the USER’S particular or specific purposes. Consequently, both access to the website and the use of the contents and information is carried out under the exclusive responsibility of the USER, and the owner shall not be liable in any case and to any extent, either for direct or indirect damages, or for consequential damages or loss of profit, for any possible damages arising from the use of the contents or from the conclusions that the USER may draw from their use. The USER expressly and unequivocally accepts that the owner may at any time establish additional conditions or restrictions for access to the website and for the use of the contents, the observance of which shall be immediately complied with by the USER. 3.2. AUTHORISED USE OF THE WEBSITE AND THE CONTENTS. The User expressly and unequivocally consents to access the website and, where appropriate, to use it and the content provided therein in accordance with these general terms and conditions, the specific terms and conditions that may be provided for each content, as well as other applicable regulations, good uses and customs, good faith and public order. In any case, and by way of example only, the User undertakes to: a) Not to access or use the website or its contents in ways that are not permitted or that are contrary to the purpose of the website and the regulatory framework governing it. Thus, the USER must not access or attempt to access or use the contents and/or restricted areas unless they have the due authorisation to do so at the time. The USER must also carry out this access and use of the restricted areas using the procedures and tools that the website itself has established for this, and under no circumstances, whether or not the USER is authorised to access and use restricted areas and content, may the USER use any procedures, means or computer tools that attempt to circumvent the security and identification measures provided by PROCAVI or third parties. b) Access to and/or use the website and/or contents within the principles and purposes for which they were created and made available to the USER, also respecting the format of availability and the general conditions set forth herein. In order to comply with these principles and purposes, the USER, by way of example and without limitation, undertakes to: b.1) not to perform or attempt to perform actions that entail or may entail direct or indirect damage, in general, to the website and the content or information provided therein, and in particular, to the rights of the owner or any third party, whether USER or SUPPLIER of the website; b.2) not to perform or attempt to perform actions that affect, either by modifying, manipulating or removing the references or formats of the references or mentions on the protection of intellectual or industrial property rights of the owner or of third parties, both the website itself and the contents provided therein and other elements that comprise it; b.3) not to perform actions that damage or may damage the systems of the owner or of third parties, or that affect or may affect the normal development of the purpose of the website. These actions include the introduction of computer viruses into the owner’s systems, those of the USERS or of any third party that affect or may affect the website in any way, as well as actions aimed at disseminating said viruses both on the website and on the network via the website. c) The USER shall be liable for all damages, of any nature, that the owner, any other USER or third party may suffer as a result of the improper use that they may make of the website or the contents provided therein. Likewise, they shall be liable for any amount that the owner must pay as a result of an administrative ruling, final court ruling or settlement agreement aimed at compensating third parties for damages caused for the same reason. 3.3. THE CONTENTS: The USER expressly and unequivocally declares that they undertake not to reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the CONTENTS, unless they have the authorisation of the owner of the corresponding rights or this is legally permitted, and not to break or attempt to break the protection devices or any information mechanisms that may be inserted in the Contents referring, for example, to the protection of the intellectual or industrial property thereof. The USER undertakes NOT to obtain or attempt to obtain the Contents by using means or procedures other than those that, as the case may be, have been made available for this purpose or have been expressly indicated on the websites where the CONTENTS are found or, in general, those that are normally used on the Internet because they do not entail a risk of damage or disablement of the website and/or the CONTENTS. 4. COMMERCIAL ACTIVITY The mere display of products and/or services and information about them provided by the owner of the website or through links to other websites of companies in the business group to which PROCAVI belongs does not in itself imply any commercial activity. Any transactions or contracts that may occur between the owner of the website and a USER will be carried out by means of contracting other than the website and will be subject, where appropriate, to the legislation and regulations applicable to the particular case. Offers, prices, new products launched on the market, characteristics and, in general, everything related to the contents of the website and the links to other websites, where applicable, may be changed at any time by the owner without the latter assuming any liability for any changes or updates that may occur, nor for any possible or occasional material or transcription errors in these contents on the website. All of the above is without prejudice to compliance by the owner with the provisions of applicable legislation. 5. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS The contents and information provided by PROCAVI, as well as the contents posted on the network through its website and the corresponding links are protected by the laws and international conventions applicable to intellectual property. Any form of reproduction, distribution, public communication, transformation, availability and, in general, any other act of public exploitation of both the websites and their content and information is prohibited without the express prior written consent of PROCAVI, with the exception that the scope of application and use is the USER’S own private use and provided that there is no transfer to third parties. Consequently, all content displayed on the Websites and in particular, designs, text, graphics, logos, icons, buttons, software, trade names, trademarks, industrial designs or any other signs susceptible to industrial and commercial use are subject to intellectual and industrial property rights of PROCAVI or third-party owners who have duly authorised their inclusion on the website. The contents, images, forms, indexes and other formal expressions that form part of the Websites, as well as the software necessary for their operation and visualisation, also constitute a work in the sense of Copyright and are therefore protected by the applicable international conventions and national legislation on Intellectual Property. Failure to comply with the above implies the commission of serious illegal acts and their sanctioning by civil and criminal legislation. It is prohibited to perform any act by virtue of which Users of the services or contents may exploit or make commercial use, directly or indirectly, in whole or in part, of any of the contents, images, forms, indexes and other formal expressions that form part of the Websites without the prior written permission of PROCAVI. Specifically, and without limitation, the reproduction, distribution, display, exhibition, transmission, retransmission, broadcast in any form, storage in hardware or software (for example, floppy disks or computer hard drives), digitisation or availability from databases other than those belonging to those authorised by PROCAVI, as well as the translation, adaptation, arrangement or any other transformation of such information, images, forms, indexes and other formal expressions or commercial phrases that are made available to USERS through the services or content, insofar as these acts are subject to the applicable legislation on intellectual property, industrial property or image protection, are prohibited. PROCAVI is free to limit access to the website and the services offered therein. Any technical, logical or technological resources by virtue of which a third party may benefit, directly or indirectly, with or without profit, from each and every one of the contents, forms, indexes and other formal expressions forming part of the websites, or the effort made by PROCAVI for their functioning, are prohibited. In particular, any link, hyperlink, framing or similar link that may be established in the direction of PROCAVI websites is prohibited without the prior, express and written consent of PROCAVI. Any violation of the provisions of this point will be considered as a breach of the legitimate intellectual property rights of PROCAVI on the websites and all the contents thereof. PROCAVI shall not assume any liability for any consequences arising from the aforementioned conduct and actions. 6. EXCLUSION OF GUARANTEES AND LIABILITY. 6.1. EXCLUSION OF GUARANTEES AND LIABILITY FOR THE OPERATION OF THE WEBSITE. The owner does not guarantee the availability and continuity of the operation of the website or of those other websites to which a link has been established. Likewise, the owner will in no case be liable for any damages that may arise from a) the lack of availability or accessibility to the website or those other sites with which a Link has been established; b) an interruption in the operation of the website or computer faults, telephone failures, disconnections, delays or blockages caused by deficiencies or overloads in the telephone lines, the Internet system or other electronic systems that occur in the course of its operation; c) the lack of suitability of the website for the specific needs of the USERS and d) other damages that may be caused by third parties through unauthorised intrusions beyond the owner’s control. The owner also warns that the quality of the availability of the contents and information on the website and the use made of them by the USER depends to a large extent on the USER’S hardware and software complying with the technical requirements that may be necessary at the owner’s discretion. Therefore, the owner accepts no liability for the impossibility or deficiency in the availability of content or information on the website or the use thereof by USERS in the event that they do not meet the aforementioned technical requirements. The owner does not guarantee the absence of viruses or other elements on the website introduced by third parties unrelated to the owner that may cause alterations in the physical or logical systems of USERS or in the electronic documents and files stored in their systems, such as screensavers or wallpapers. Consequently, the owner shall in no case be liable for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations to the USERS’ physical or logical systems, electronic documents or files. The owner does not guarantee that unauthorised third parties cannot have access to the type of use of the website that the USER makes or the conditions, characteristics and circumstances under which this use is made. Consequently, PROCAVI, S.L. will not be liable in any case for the damages that could be derived from this unauthorised access. 6.2. EXCLUSION OF GUARANTEES AND LIABILITY FOR THE USE OF THE WEBSITE. The owner will not be liable in any case for the use that the USERS and/or third parties could make of the website or the contents and information, nor for the damages that could be derived from this. Thus, the owner warns that in the event that studies, opinions, reports, etc., included as content on the website are made available in the future, such content by the owner or third parties is only intended to provide guidance to support the USER’S activity. Therefore, the USER expressly accepts that under no circumstances does the owner assume any liability for any damages that may be caused directly or indirectly by the use that the USER makes of such content and the conclusions drawn from them. All liability is excluded for the decisions that the USER may take based on this information, as well as for possible typographical errors or technical inconsistencies that may be contained in the documents and graphics on the page. The information is subject to possible regular changes without prior notice of its content due to the extension, improvement, correction or updating of the Contents. 7. USE OF COOKIES AND LINKS 7.1. COOKIES. The USER expressly and unequivocally declares and authorises the owner to use, if deemed appropriate, cookies when the USER accesses and/or uses the website. These cookies may be voluntarily rejected by the USER. The use of these cookies by the owner shall be dissociated, in such a way that no process of association shall be carried out between the USER and/or their access device and the USER’S personal data. For more information, see the COOKIES POLICY. 7.2. LINKS. All those who intend to establish a link or hyperlink between their website and this website must obtain prior authorisation from the owner. If this authorisation is obtained (which may be revoked unilaterally at any time), the establishment of the link must comply with the following requirements: a) under no circumstances may the establishment of the link imply any reproduction of the website, it must only serve to allow access to the website. Likewise, access via the link can only be made to the main page of the website (homepage), and under no circumstances to a page other than this; b) no frame or border environment may be created on the website; c) no false, inaccurate or incorrect statements or indications may be made about the website; d) it will not be stated or implied that the owner of the website endorses, recommends, supervises or assumes the contents provided or the services rendered through the websites in which the link was established, with the owner avoiding and waiving any liability that may be incurred by the website (its managers, owners, etc.) both for the establishment of the link itself to the homepage and for the services rendered and the contents provided on said website; e) in any case, authorisation to establish the link will only imply authorisation to establish the link in accordance with the provisions of this section, therefore, under no circumstance will it imply, without authorisation, the possibility to use or provide, on said website where the link was established, the intellectual or industrial property rights of the owner or of any third party. In any case, the website on which the link is established may not contain distinctive signs that may lead one to understand the existence of a relationship of association (as it does not exist) between the services, products and content available and provided on the website and those available and provided through the website. Likewise, they may also not lead one to understand the existence of an association (as there is none) between the individual, legal entity or entity that manages or is the owner of said website and the owner or providers of third-party content and/or information to the website; f) the website to which the link is established, during the period in which the link is established, may not provide services or contents that are illicit, fraudulent, contrary to these general terms and conditions, to good faith, to good customs and to the rights of the third-party content providers of the website or to the owner. 8. PARTIAL NULLITY If any clause of this website’s legal notice is declared fully or partially null and void or ineffective, this will only affect said provision or part thereof that is null and void or ineffective. The rest of the terms and conditions of the legal notice will remain in force and said provision or part thereof that is affected will be deemed not to have been included, unless, as it is essential to these clauses, it should affect them in their entirety. 9. NON-COMPLIANCE, APPLICABLE LAW AND JURISDICTION The owner reserves the right to exercise whatever actions are available in the law to demand the responsibilities arising from the non-compliance of any of the provisions of this Legal Notice by a USER. The provision of the website service and these clauses are governed by Spanish Law. To the extent permitted by law, the parties, expressly waiving any other jurisdiction to which they may be entitled, agree to submit to the jurisdiction of the Courts and Tribunals of the city of Murcia. © PROCAVI.ES |
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