All rights reserved Copyright . 2009 GREFUSA
These General Conditions regulate the use of the Internet PORTAL, "www.grefusa.es" (hereinafter, the "Portal") owned by GREFUSA S.L. (hereinafter, with regard to this PORTAL, referred to as "Grefusa" company with Tax Identification Code nº B46140885, with registered office at Camino San Bernabé s/n in Alzira, Valencia, and entered in the Companies Register of Valencia in Volume 944, Section 4, Page 1, Sheet 5867, Entry 1.
USER: Anybody who enters the PORTAL or who uses or disposes of the CONTENTS thereof.
CONTENTS: Any information, text, link, software, material, tools, including the photos of Products and Services offered, trademarks, logos, drawings, etc. whose availability and access takes place online via the PORTAL and through the browsing of the same.
LEGAL LEGENDS: Any general and particular conditions set forth in the PORTAL and any legal regulations that may be applicable for the use of the PORTAL, etc.
SPAM: For the purposes of these general conditions, this is defined as the indiscriminate sending of messages to email accounts without the prior authorization of the owners of the email addresses.
GREFUSA advises the USER to read carefully both these general conditions and any other legal legends set forth in the PORTAL, especially any conditions or observations that are related to the Contents, as well as the section on Personal Data Protection.
Should you have any queries concerning the reading of these legal legends, please do not hesitate to contact GREFUSA at the following address: firstname.lastname@example.org.
The USER declares and expressly accepts that access to the PORTAL, in its full extent, implies the unequivocal agreement to comply with each and every one of the legal legends of simple access and use of any of the CONTENTS provided by the PORTAL. At all events, should the USER fail to understand or agree to comply with all or any of the aforementioned general conditions, he should not enter or use the PORTAL and/or the CONTENTS set forth and/or provided through the same. Furthermore, the USER declares and unequivocally and expressly accepts both the fact that the legal legends will be in force at all times from the beginning of access to the PORTAL, and that these may be altered by GREFUSA at any time with no need for prior notice.
The language of the Portal for all purposes, i.e. for access, use and/or contracting, etc. will be Spanish.
Through the PORTAL, GREFUSA offers the USER access to a set of CONTENTS which may be supplied or provided by GREFUSA or by third parties, the main purpose being the provision of access to information regarding the products and services of GREFUSA.
GREFUSA reserves the right, at any time, to limit, interrupt and suspend access to the PORTAL and use of all or any of its CONTENTS, whether of free or restricted access. Furthermore, GREFUSA reserves the right, at any time, to alter the location of the CONTENTS in the PORTAL, and the configuration both of the CONTENTS themselves and of access to the same, and even of their look and feel.
B. CONDITIONS OF ACCESS AND USE OF THE PORTAL
B.1. Access and general use of the PORTAL made by a USER.
The USER expressly and unequivocally accepts that access and use of the PORTAL does not imply any type of guarantee, which is expressly waivered by GREFUSA, with regard to the suitability of the contents included therein for the private or specific purposes of the USER. Therefore, both access to the PORTAL and use of the CONTENTS is made under the sole responsibility of the USER, and GREFUSA bears no responsibility, under any circumstances and to no extent, either for direct or indirect data, or for emerging data or lost profits, for the possible damages arising from the use of the CONTENTS or of the conclusions the USER himself draws from the use thereof, whether these by accessible in the PORTAL or in other Websites though any existing connections or links.
Furthermore, GREFUSA shall in no case be responsible, even indirectly, for the CONTENTS provided or offered by third persons or companies (nor for their marketing and manufacturing conditions), or for contents, information, communications, opinions or declarations of any kind arising from or offered by third parties, that are accessible through the PORTAL, not implying in any case a guarantee or support for the use or purchase of products or services or third party suppliers of the same.
The USER expressly and unequivocally accepts that GREFUSA may, at any time, establish additional conditions or restrictions for access to the PORTAL and for the use of the CONTENTS, which shall be for the immediate compliance of the USER with no need for prior notice.
Access to the PORTAL is provided by GREFUSA in good faith, so bearing in mind that many of the CONTENTS may be supplied or provided by third parties, GREFUSA warns and the USER knows and accepts that some of the data or texts available may not be completely accurate or up-to-date, despite the fact that GREFUSA uses its best efforts to make them so, and therefore GREFUSA shall only bear responsibility for the contents directly provided by GREFUSA and specifically identified with their Copyright.
B.2. Authorized use of the PORTAL and its contents.
The USER expressly and unequivocally declares that he shall enter the PORTAL and, where appropriate, use the latter and the CONTENTS thereof in accordance with the legal legends, these general conditions, the particular conditions that, where appropriate, may be set forth for each of the CONTENTS, and any other applicable regulations, good practices and customs, good faith and public order. At all events, and purely by way of example, the USER undertakes to:
- a) Refrain from entering or using the PORTAL or its CONTENTS, in any way that is prohibited or contrary to the purpose of the PORTAL and to the legal framework by which it is regulated.
- b) Enter and/or use the PORTAL and its CONTENTS under the principles and for the purposes for which they were created and offered to the USER, respecting the format with which they are provided and the legal legends set forth herein. In order to fulfil these principles and purposes, the USER, by way of example and not exclusively, undertakes to:
- i) refrain from performing or attempting to perform actions which lead or may lead to direct or indirect damage, in general, to the PORTAL and the CONTENTS thereof, and specifically, to the rights of GREFUSA or of any third party;
- ii) refrain from performing or attempting to perform actions that affect, either by, among others, modifying, manipulating or deleting the references or formats of the references or mentions about the protection of the intellectual or industrial property rights of GREFUSA or of third parties, both in the PORTAL itself and in the CONTENTS thereof and other ELEMENTS of which it is formed;
- iii) refrain from performing actions that damage or may damage the systems of GREFUSA or of third parties or that, where appropriate, affect or may affect the normal performance of the purpose of the PORTAL. Such actions include the introduction of viruses in the computer systems of GREFUSA of the USERS or of any third party that affect or may affect in any way the PORTAL, and actions for the dissemination of these viruses both in the PORTAL and in the network via the PORTAL.
- c) The USER shall be liable for any damages, of any kind, the GREFUSA, any other USER or a third party may suffer as a result of the incorrect use of the PORTAL or of the CONTENTS thereof. The USER shall also be liable for any amount that GREFUSA may have to pay as a result of an administrative decision, judicial decision or settlement to compensate third parties for the damages arising for the same reason.
B.3. The contents
The USER expressly and unequivocally declares that he undertakes to refrain from copying, distributing, permitting access to the public through any type of public communication, transforming or altering the CONTENTS, unless he has the authorization of the copyright holder or it is legally permissible, and to refrain from breaking or attempting to break the protective devices or any information mechanisms that may be inserted in the CONTENTS, regarding, for instance, the protection of the intellectual and industrial property of the same.
The USER undertakes NOT to obtain or attempt to obtain the CONTENTS by using media or procedures other than those which, according to each case, have been provided for this purposes or have been specifically indicated on the websites where the CONTENTS are located or, in general, than those normally used on the Internet, which do not pose a risk of damage or deactivation of the PORTAL and/or its CONTENTS.
At all events, the USER must be over 14 years of age in order to form part of GREFUSA and make use of its promotions, competitions, etc. Only the following exception is permitted:
In the event of a person of under 14 years of age wanting to use our PORTAL, he may only do so and register with the authorization of his parent or guardian.
Given the difficulties of a technical nature for parents to give their consent through the portal and leave proof of the same, GREFUSA offers the USER all the reasonably possible means to do so.
In its ongoing effort to defend the privacy of minors, GREFUSA appeals to the parents or guardians of minors to accompany and suprevise them in their Internet browsing activities.
If the USER is a minor, he may only register in GREFUSA by requesting the appropriate authorization of the parent or guardian.
The USER must provide GREFUSA with the email address of his parent or guardian and click on “I have been authorized to register by my parent or guardian”.
GREFUSA will then immediately send to the email address provided confirmation that the UNDERAGE USER has been registered on the GREFUSA website, giving the parent or guardian the possibility to confirm their consent to said registration.
When these steps have been taken, the parent or guardian gives his consent to the registration of his child on the GREFUSA website and agrees to accept the terms and conditions of use of the website.
The email address of the parent or guardian shall only be used to inform about the registration of the minor and confirm the parent’s or guardian’s consent.
GREFUSA bears no responsibility for any inaccurate data provided by the USER, above all with regard to the date of birth.
The sending and receiving or these data will lead to the USER forming part of GREFUSA thereby having access to the possibility of taking part in competitions, promotions, etc. as indicated in the aforementioned section of the website and under the terms and conditions set forth therein, which the USER expressly declares to know and accept. By registering in GREFUSA, the USER expressly authorizes the possibility of receiving commercial and/or promotional communications regarding GREFUSA products, by email or SMS. In this respect, the USER is reminded of the rights he possesses under the provisions of article 22 of 34/2002 on Information and Electronic Commerce Services, which he may exercise by sending an email to the following address: email@example.com. Should the USER take part in any competition, by the mere fact of doing so he expressly declares his knowledge and acceptance of the terms and conditions of the same, which are established at all times and for each competition in the Rules section.
The USER expressly declares that the Nick and Password making him eligible to the benefits of belonging to GREFUSA, including those which are personal, exclusive and non-transferrable to the USER REGISTERED in GREFUSA, such that the diligent and confidential custody of the same shall be the sole responsibility of the REGISTERED USER.
The USER undertakes no to supply false data, especially those referring to his age.
The USER shall be liable for any damages, of any nature, that any third party may suffer as a result of the supply of false data both in the GREFUSA questionnaire and any other. The USER shall also be liable for any amount that GREFUSA may have to pay as a result of an administrative decision, judicial decision or settlement to compensate third parties for the damages arising for the same reason.
C. COMMERCIAL ACTIVITY
In the event that, through the PORTAL or through the commercial communications that, where appropriate, with the consent of the USER, may be sent by GREFUSA, references or links are included to the products and/or services of third parties or third party PORTALS including their products and/or services, the USER expressly accepts that GREFUSA does not guarantee or take responsibility for the purchases of said third party products and/or services, nor for the quality, features, etc, of said products and/or services.
No acceptance, delivery or payment is made through the PORTAL, so there is no eProcurement of any service or product. Should the USER be interested in a specific service or product, he should go to his nearest INSIDE STORE.
GREFUSA acts through the PORTAL simply as a communication channel, but does not guarantee the products of third parties in the event of advertising of the same taking place. Any commercial transactions made shall be subject to current law.
In the event of there being any third party CONTENTS in the PORTAL, GREFUSA does not publish or produce said third party CONTENTS and, therefore, does not guarantee or bear liability for the legality, reliability, utility, veracity, accuracy, completeness and timeliness of said CONTENTS. Under no circumstances shall GREFUSA be liable for any damages arising from:
- i) the lack of legality, reliability, utility, veracity, accuracy, completeness and/or timeliness of the CONTENTS supplied by third parties
- ii) unsuitability for any purpose and non-fulfilment of the expectations generated by the CONTENTS
- iii) decisions or actions taken or avoided by the USER relying on the information or data provided in the CONTENTS, including, with no limitation, the loss of profits or business opportunities.
Any possible claim that may be made for these items shall be directed against the third party that has provided the CONTENTS or that is the seller of the goods or provider of the services.
D. RIGHTS OF INTELLECTUAL PROPERTY
The USER expressly and unequivocally accepts and declares that all the industral and intellectual property rights over the PORTAL and its CONTENTS and/or any other elements inserted in the PORTAL, such as, by way of example and not exclusively, photos, look & feel, software, designs, images, databases, texts, sounds, brands, logos, graphics, etc. belong to GREFUSA and/or the third parties designated by GREFUSA or self-identified. In no case shall access to the PORTAL or use of the CONTENTS imply any kind of waiver, transfer, licensing or total or partial assignment of said rights, unless otherwise specifically established. These general conditions do not give the USER any other right of use, alteration, exploitation, reproduction, distribution or public communication of the PORTAL or its CONTENTS than those specifically established herein. Any other use or exploitation of any rights shall be subject to the prior, written, express authorization specifically granted for the purpose by GREFUSA or by the third party owner of the rights in question. In the event of said authorization being given, the use or exploitation shall be subject to the provisions of the same and, at all events, the rights shall be exercised according to the principles of good faith and in accordance with the legal legends, it being necessary to indicate, in all cases, the origin and/or author of the same, with the mentions or references to the intellectual and industrial property set forth and/or the copyright symbol of their owners. Furthermore, in the event of the authorized printing, downloading and storage of CONTENTS, etc., this shall take place for the personal, private and non-profit making use of the USER.
In the possible event of any user being interested in obtaining any type of authorization for the use of any of the protected materials, he must contact GREFUSA at the following address: firstname.lastname@example.org.
E. EXCLUSION OF GUARANTEES AND LIABILITY
E.1. Exclusion of guarantees and liability with regard to access and use of the PORTAL.
GREFUSA does not guarantee the availability and continuity of the operation of the PORTAL or of any other websites with which a link has been set up. Furthermore, GREFUSA shall in no case be liable for any damages arising from i) the lack of availability or accessibility of the PORTAL of any other websites with which a link has been set up; ii) the interruption in the operation of the PORTAL or of the CONTENTS thereof, or computer failures, telephone failures, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, in the Internet system or in other electronic systems occurring during operation; iii) the unsuitability of the PORTAL or its CONTENTS for the specific needs of USERS, and iv) any other damage that may be caused by the unauthorized access of third parties to the PORTAL beyond the control of GREFUSA.
Furthermore, GREFUSA warns that the quality of the CONTENTS of the PORTAL and the use made of the same by the USER, depends largely on whether the hardware and software of the latter meet the technical requirements which, where appropriate, may be necessary in the opinion of GREFUSA. Said requirements may be presented through the PORTAL or through specific communications to the USERS, and must be met by the USER. Therefore, GREFUSA bears no responsibility for any failure or deficiency in the provision of CONTENTS or in the use of the same by the USERS should the latter fail to meet the aforementioned technical requirements.
In order to reduce the risk of viruses entering the PORTAL, GREFUSA uses virus detection programmes to control all the CONTENTS it enters in the PORTAL. However, GREFUSA does not guarantee the absence of viruses or of other elements inserted in the PORTAL by third parties unrelated to GREFUSA which may cause alterations in the hardware or software of USERS or in the electronic documents and files stored in their systems. Therefore, GREFUSA shall in no case be liable for any damages of any kind arising from the presence of viruses or other elements that may cause alterations in the hardware or software, electronic documents or files of USERS.
GREFUSA adopts various protective measures to protect the PROTAL and its CONTENTS against attacks by third parties. However, GREFUSA does not guarantee that unauthorized third parties will not have access to the type of use of the PORTAL made by the USER or the conditions, characteristics and circumstances in which he makes said use. Therefore, GREFUSA shall in no case be responsible for any damages arising from said unauthorized access At all events, GREFUSA may deny or limit the access of USERS the the CONTENTS at any time, and may also delete or withdraw the CONTENTS, if, in the opinion of GREFUSA, the provisions of these General Conditions and other legal legends, or the principles inspiring the correct implementation of the purpose of the PORTAL, are being violated.
E.2. Exclusion of guarantees and liability with regard to Links
In the event of the PORTAL providing USERS with technical linking devices, directories and search tools enabling the USERS to enter websites and/or pages belonging to and/or managed by third parties, GREFUSA will check the contents of said pages at the time it sets up a link with the same and will do so in the good faith that said contents are in compliance with current law. However, in no case does GREFUSA bear liability for, approve of or claim as its own, the products, services, contents, information, data, files or any kind of material existing on such websites, nor does it control, bear liability for, approve of, or claim as its own, any future alterations of said materials. In the event that it deems appropriate or is required to do so by court or administrative order, GREFUSA shall eliminate the links to any websites that violate applicable law and/or adversely affect the rights of third parties.
F. USE OF LINKS
Anybody intending to set up a link or hyperlink between their website and the PORTAL must first obtain the authorization of GREFUSA by presenting an application to the following email address: email@example.com. In the event of obtaining said authorization, the establishment of the link must meet the following requirements:
- i) the establishment of the link may in no case involve any reproduction of the PORTAL, but must only serve to provide access to the PORTAL. In addition, access via the link may only be made to the homepage of the PORTAL and in no case to any other page;
- ii) no frame or border environment shall be created over the PORTAL;
- ii) no false, inaccurate or incorrect declarations or indications shall be made regarding the PORTAL;
- iv) it shall not be declared nor insinuated that GREFUSA endorse, recommends, supervises or assumes the CONTENTS or products and/or services offered and provided through teh websites in which the link is established, GREFUSA eluding and waiving any liability incurred by the website (its managers, owners, etc) either through the establishment of the link itself to the homepage of the PORTAL or through the services provided and the CONTENTS set forth in said website;
- v) at all events, the authorization to establish a link shall only imply an athorization to establish the link in accordance with the provisions of this section, and shall therefore in no case imply, without authorization, the possibility of using or disposing of the intellectual or industrial property rights of GREFUSA or of any third party on the website in which the link has been established. At all events, the website in which the link is established may contain no logos that may insinuate the existence of an association (which does not exist) between the services, products and contents set forth and provided on the website and those set forth and provided through the PORTAL. Neither may they insinuate the existence of an association (which does not exist) between the natural or legal person or company that manages or is owner of said website and GREFUSA or the third party providers of CONTENTS to the PORTAL;
- vi) the website in which the link is established, during the period in which the link is established, may not arrange or provide services or CONTENTS that are ilegal, fraudulent or contrary to these general conditions, good faith, morality or the rights of the third party suppliers of CONTENTS of the PORTAL or GREFUSA.
H. PERSONAL DATA PROTECTION
In accordance with Constitutional Law 15/1999, of 13 December, on Personal Data Protection, you are informed that the personal data you provide voluntarily to GREFUSA S.L., company with Fiscal Identification Code nº B-46140885, with registered office at Camino de San Bernabé, s/n, 46600. Alzira (Valencia), will be included in files belonging to Grefusa, S.A.
Recipient of the same.
Grefusa undertakes to keep the personal data provided in secrecy and take the necessary measures, bearing in mind at all times the state of technology, to prevent their alteration, loss, processing or unauthorized access, without prejudice to the fact that said data or access to the file containing them may be provided to the authorities or bodies that require said access to be provided under a legal provision.
The purpose of the creation, existence and maintenance of the files is:
- With regard to the data collected in the Contact section, the maintenance and management of a commercial relationship and of promotion of its products, and, in particular, the management of competitions, choice of winners and delivery of the appropriate prizes.
- With regard to the data collected specifically in the Work with Us section, the management of Human Resources. You are also informed of your rights of access, modification, opposition and cancellation, which you may exercise by written request addressed to Grefusa, S.L., with registered office at Camino San Bernabé s/n, 46600 Alzira (Valencia) to the attention of the person responsible for their processing, or by sending an email to the following address: firstname.lastname@example.org.
If either of the parties fails to execute any of its rights under this contract, this shall not be deemed a waiver of this right unless expressly communicated in writing.
Even if part of this contract is considered illegal or invalid by a judicial body, the rest of the contract shall continue to be applicable.
J. BREACH OF CONTRACT, APPLICABLE LAW AND JURISDICTION
GREFUSA reserves the right to take any actions available in law to demand liability arising from the breach of any of the provisions of the legal legends by a USER.
The provision of the service of the PORTAL, and the General Conditions and other legal legends are governed by Spanish law. Insofar as permitted by law, the parties expressly waive any other jurisdiction that may apply and agree to submit themselves to the jurisdiction of the Courts of the City of Valencia.