Legal disclaimer
In compliance with the duty of information referred to in the current legislation on Information Society Services and Electronic Commerce we inform you that the body in charge of the present website is:
ElPozo, S.A. (Hereafter, ElPozo)
Company Registration Number: A-30014377
Av. Antonio Fuertes, 30840, Alhama de Murcia (Murcia)
Registered in the Mercantile Registry of Murcia in Murcia; Volume MU -320; Book 0; Sheet 126; Page MU-6236
Tel: 968 63 68 00
Fax: 968 63 67 00
Dealing with communications from users and/or interested parties in the following email address: protecciondedatos@grupofuertes.com.
1.- CONCEPT OF USER
USER is all those who access the website, use or not the content or information available on it.
The USER expressly accepts that access to the website means the unequivocal commitment, in its entirety, to fulfilling 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 event should the USER not understand or accept the fulfilment of all or part of the said general conditions they must not access nor use the website and/or contents available and/or provided through by it. Accordingly, the User must read carefully the present Legal Disclaimer and Privacy Policy on every occasion in which they propose to use the website, given that it can undergo modifications.
Should there be any doubt over the reading of the Legal Disclaimer and Privacy Policy, do not hesitate to contact the owner of the website at the address indicated above.
2.- OBJECT
Through its website, the owner allows the USER to access a series of contents and information which may be provided by the owner or by third parties.
ELPOZO reserves the right to limit, interrupt and suspend website access or use of all or some of its contents or information at any given moment. Similarly, the owner reserves the right to be able to modify the location of contents on the website, as well as the configuration of the content or information and how to access them and even the look and feel at any time.
3.- CONDITIONS OF WEBSITE ACCESS AND USE
3.1.- ACCESS AND GENERAL USE OF WEBSITE BY USER. The USER expressly and categorically accepts that access and use of the website does not imply any type of guarantee, which is expressly waived by the owner, regarding the suitability of the contents for the USER’s private or specific purposes. Accordingly, both the website access as well as the use of contents and information is done under the exclusive responsibility of the USER, and the owner will not be liable under no circumstances or in any measure, neither directly nor indirectly for damages, consequential damage, loss of profits, or possible damage arising from the use of contents or the conclusions that the USER makes from them.
The USER expressly and categorically accepts that the owner could establish at any given moment additional conditions or restrictions for access to the website and for the use of contents, whose observance will be immediately fulfilled by the USER.
3.2.- AUTHORISED USE OF WEBSITE AND CONTENTS. The User expressly and categorically consents that they will access the website and, if appropriate, use it and the contents available on it according to the present general conditions, the specific conditions which each piece of content may have, as well as other applicable legislation, good usage and customs, good faith and public order . In any event, and not limited to, the User agrees to:
- a) Not undertake unauthorised access to or use the website or its contents contrary to the object of the website and the legislative framework which governs it. In doing so, the USER must not carry out or try to carry out access or use of contents and/or restricted areas, if the website should have in the future, without express authorisation. In addition, the USER, must carry out said access and use the restricted areas using the procedures and tools established for the purpose by the website. Whether the USER is authorised or not to access and use the restricted areas and contents, under no circumstances should they use any procedures, means or IT tools which try to evade the security and identification measures stipulated by ElPozo or third parties.
- b) Access and/or use of the website and/or contents within the principles and aims for which they were created and made available to the USER, respecting equally the format of that available and the general conditions herein included. In the interest of fulfilling these principles and purposes, the USER, including but not limited to, undertakes to: b.1) not carry out or try to carry out actions which entail or could entail damages directly or indirectly, in general, to the website and the contents or information on it, and specifically, on the rights of the owner or any third party, be it a USER or SUPPLIER of the website; b.2) not carry out or try to carry out actions which affect it, including modifying, manipulating or eliminating the references or reference formats or mention of protection of intellectual or industrial property rights of the owner or third parties, on the website as well as its contents and other elements on it; b.3) not carry out actions which damage or could damage the systems of the owner or third parties, or which could affect the normal development of the website’s objective. These actions include the introduction of a computer virus in the systems of the owner, of the USERS or any third party which affect or could affect in any way the website, as well as actions aimed at the diffusion of said virus both on the website as well as the network through their website.
- c) The USER will be liable for all damage, of any kind, that the owner, any other USER or a third party could suffer as a result of them misusing the website or its contents. Similarly, they will be liable for any quantity that the owner must pay as a result of an administrative ruling, court ruling or settlement aimed at compensating third parties for damage caused by the same reason.
3.3.- CONTENTS: The USER expressly and categorically agrees to refrain from reproducing, copying, distributing, or allowing pubic access to by any mode of public communication, transform or modify the CONTENTS, unless prior authorization has been obtained from the titular owner of the corresponding rights or it is legally permitted, as well as not violating or attempting to violate the protection tools or any other information devices which may be in place in the Contents relating to for example protection of Intellectual or industrial property of them.
The USER agrees to refrain from obtaining or trying to obtain the Contents using such means or procedures other than those which have been made available for that purpose, or have been expressly indicated on the web pages where the Contents are found or, in general, those that are regularly used on the internet and do not entail any risk of damaging or rendering the website and/or CONTENTS inoperative.
4.- COMMERCIAL ACTIVITY
The mere display of products and/or services and the information about them provided by the owner of the website or via links to other commercial Websites of the business Group to which ElPozo belongs does not constitute in itself any type of commercial activity and the transactions or contracts which may arise between the owner of the website and a USER will be done by a different means of contracting from the web and will be subject, as and when, to the legislation and regulation applicable in each individual case.
The aim of the links which appear on this Website is merely informative, and under no circumstances constitute a suggestion or invitation to visit those websites. ElPozo will not be, under any circumstances, liable for the result that these websites may have on the internet user when they are accessed through said links.
Offers, prices, new products to be launched on the market, characteristics and in general all that related to the contents of the website and the links to other Websites, as described, could be varied at any given moment by the owner without the former having any type of liability for said changes or updates which may occur, nor possible errors of material or copying of said content on the web. All that without prejudice to the compliance by the owner with that set out in applicable legislation.
5.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The contents and information provided by ElPozo, as well as the contents stated in the internet through its web page and the corresponding links are protected by laws and international agreements applicable to the subject of intellectual property. The reproduction, distribution, public communication, transformation, making available and in general any other act of public display referring to the both the web pages as well as the contents and information is strictly prohibited in any way whatsoever, without the express and prior written consent of ElPozo, unless the field of application is for the User’s private use and provided that it is not given to third parties.
Accordingly, all content shown on the Websites and in particular, designs, texts, graphics, logos, icons, buttons, software, commercial names, brands, industrial drawings or any other signs susceptible to industrial and commercial use are subject to the intellectual and industrial property rights of ElPozo or third parties who have expressly authorised their inclusion on the website.
Contents, images, forms, indexes and other formal expressions which form part of the Web pages, as well as the necessary software for the operation and viewing of them, constitute in themselves work in the copyright sense and remain, therefore, protected by applicable international agreements and national legislation relating to Intellectual property. Infringement of the above involves the commission of serious illegal acts and their sanction by civil and criminal legislation.
Any act by virtue of which the User of the services or contents is able to exploit or make use of commercially, directly or indirectly, in its totality or partially, any of the contents, images, forms, indexes and other formal expressions which form part of the Web pages is prohibited without prior written permission from ElPozo.
Specifically, and without being exhaustive in nature, any acts of reproduction, distribution, exhibition, transmission, retransmission, emission in any form, storage in physical or logical supports (e.g. diskettes or computer hard disks), digitalization or making available in data bases other than those belonging to ElPozo are prohibited, as well as its translation, adaptation, arrangement or any other transformation of said information, images, forms, indexes and other formal expressions or commercial phrases made available to the Users through services or contents, inasmuch as such acts are subject to the applicable legislation in respect to material of Intellectual and Industrial Property.
ElPozo reserves the right to limit access to the web page, and the services offered on it.
The use of any technical, logical or technological resource pursuant to which a third party could benefit, directly or indirectly, with or without profit of all and each one of the contents, forms, indexes and other formal expressions which form part of the Web pages or of the effort made by ElPozo for its operation is prohibited. Specifically, all links, hyperlinks, framing or similar link which could be established in the address of the Web pages of ElPozo is prohibited, without prior express written consent from ElPozo. Any infringement of the content of this paragraph shall be considered as damage to the legitimate Intellectual property rights of ElPozo on its Web pages and all their contents.
ElPozo will not assume liability of any kind for consequences arising from behaviour and actions previously stated.
6.- LIMITATIONS AND EXCLUSIONS OF LIABILITY
6.1. LIMITATIONS AND EXCLUSIONS OF LIABILITY FOR WEBSITE OPERATION.
The owner of the website does not guarantee the availability and continuity of the operation of the Website or of those other websites with which links have been established. Similarly, in no case shall the owner be liable for any damages that might derive from a) lack of availability of or accessibility to the website or to other sites with which Links have been established; b) interruption in the operation of the website or computer breakdowns, telephone faults, disconnections, delays or saturations caused by deficiencies or overloading of telephone lines, of the Internet system or of other electronic systems occurring in the course of operation thereof; c) lack of suitability of the website for the specific needs of the USERS d) other damage that might be caused by third persons by means of unauthorised intrusions beyond the control of the owner. Similarly, the owner warns that the quality of the display of the contents and information on the website and the use that the USER makes of it largely depends on if the hardware and software complies with the technical requirements which, when appropriate, may by a necessary criteria of the owner. Therefore, the owner shall not be liable for the impossibility or deficiency in the display of the contents and information on the web or the use of them by the USERS should they not comply with said technical requirements.
The owner does not guarantee the absence of viruses nor other elements on the website introduced by third parties which may produce alterations in the physical or logical systems of the USERS or in electronic documents and files stored on their systems, such as screensavers or desktop wallpaper. Accordingly, the owner under no circumstances shall be liable for any kind of damage arising from the presence of a virus or other elements which may produce alterations in the physical or logical systems, electronic documents or files of the USERS. The owner does not guarantee that unauthorised third parties have access to the type of use that the USER makes of the website or the conditions, characteristics and circumstances in which it makes that said use. Thereupon, ElPozo in no circumstances shall be liable from damage deriving from said unauthorised access.
6.2.- LIMITATIONS AND EXCLUSIONS OF LIABILITY FOR WEBSITE USE.
The owner shall not be liable under no circumstances for the use that the USERS and/or third parties make of the website or the content and information, nor the damage which could arise from it. Consequently, the owner warns that if in the future studies, opinions, reports, etc. are included as content on the website, said content done by the owner or third parties tries to provide only orientation which serves as support to the activity of the USER, for which the USER expressly accepts that in no circumstances is the owner liable for any damage which may occur directly or indirectly through the use that the USER makes of said contents and of the conclusions extracted from them.
Any liability from the decisions that the USER may take based on this information is excluded, as well as possible typing errors or technical inconsistences which may be contained in documents and graphics on the page. The information is subject to periodic changes without prior notice of its content to increase, improve, correct or update the Contents.
7.- USE OF COOKIES AND LINKS
7.1.- COOKIES. The USER expressly and categorically gives consent to the owner to use, if convenient, cookies, when the USER accesses/or uses the website. Said cookies may be rejected voluntarily by the USER. The use of said cookies by the owner will occur separately, so that there will be no process of association made between the USER and /or their access device and the personal data of the USER. Under no circumstances shall the rejection of the establishment of Cookies harm the possibility of the USER to access and use the Contents. For more information see COOKIES POLICY.
7.2.- LINKS. All those who wish to establish a link, hyperlink between their Website and the website must obtain prior permission from the owner. Should permission be obtained (which may be revoked at any time), the establishment of the link will have to comply with the following requirements: a) the establishment of the link in no circumstances will mean the reproduction of any kind of the website; instead it must only serve to permit access to the website. Similarly, access via the link can only be done to the main page of the website i.e. the homepage, in no circumstances should it lead to a different page; b) no frame nor border environment must be created on the webpage; c) no false, inexact or incorrect statement may be made in respect of the website; d) nor should it be stated or given to be understood that the owner of the website endorses, recommends, supervises or assumes the contents available or the services provided through the Web pages for which the link has been established, evading or waiving that owner any liability in which can occur on the web page (its administrators, owners, etc.) both for the establishment of the link to the homepage of the website as well as the services provided and the contents available on said Web page; e) in any event, the permission to establish their link will only mean a permission to establish the link in accordance with that expressed in this paragraph, thus in no circumstances shall it mean, without authorisation, the possibility of use and display on said Web page on which the link is established the intellectual and industrial property rights of the owner or any third party. In any event, the Web page on which is established a link shall not contain distinctive signs which could lead to believe that there is a relationship (when there is not) between the services, products and contents displayed and provided on the Web page and those displayed and provided through the website. Similarly, nor shall it give to understand that there is a relationship (when there is not) between the natural, legal person or entity which you manage or are the owner of said Web page and the owner or third party providers of content and / or information of the web; f) The Web page on which the link is established, during the period which it is established, shall not have or provide illegal, fraudulent services or contents or contrary to these general terms and conditions, good faith, good customs and to the rights of third party providers of contents of the web owner.
8.- PARTIAL INVALIDITY
If any clause of the present legal disclaimer of this website were declared totally or partially null or invalid it shall affect only the provision in question or part thereof, whilst the remaining provisions shall be upheld as will the rest of the legal disclaimer and such provision or part therefore that is considered affected will be considered to have been removed, unless, due to it being essential to these clauses, it were to affect them in full.
9.- NON-COMPLIANCE, APPLICABLE LAW AND JURISDICTION
The owner reserves the right to take whatever action it has at its disposal by law to demand responsibilities for non-fulfilment by the USER of any of the provisions of this disclaimer. The provision of the website service and the present clauses are governed by Spanish Law. Insofar as the law allows it, the parties expressly waive their right to any other law that they may be entitled to, agreeing to surrender to the jurisdiction of the Courts and Tribunals of the city of Murcia.
