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Terms and Conditions

The website AAAAAAAAAAAA (hereinafter, the “Website”) is owned by VIAGRO, SA (hereinafter, the “COMPANY”), with registered office at: Carretera Viator-La Cañada s/n, Paraje Haza Tableada, 04120 - La Cañada (ALMERIA) and CIF A04016952. Registered in the Mercantile Registry of Almería, Folio 185, S 3ª, Hoja AL-1126 and Registration 1ª.

 

The COMPANY welcomes you and invites you to carefully read the General Terms of Use of this Website (hereinafter, the “General Terms of Use”), which describe the terms and conditions that will apply to your browsing of this site, in accordance with applicable Spanish law. Since the COMPANY may modify these Terms of Use in the future, we recommend that you visit them periodically to stay informed of any changes.

 

In order to ensure that the use of the Website adheres to criteria of transparency, clarity and simplicity, the COMPANY informs the User that any suggestion, doubt or query regarding the General Conditions of Use will be received and resolved by contacting the COMPANY via email at info@viagro.es .

1. Object

The COMPANY supplies the content and services that are available on the Website, subject to these General Conditions of Use, as well as the policy on the processing of personal data (hereinafter, the "Data Protection Policy"). Access to this Website or its use in any form grants you the status of "User" and implies the unreserved acceptance of each and every one of these General Conditions of Use, with the COMPANY reserving the right to modify them at any time. Consequently, it will be the responsibility of every User to carefully read the General Conditions of Use in force on each occasion they access this Website; therefore, if they do not agree with any of the provisions set forth herein, they must refrain from using this Website.

 

Likewise, you are advised that, on occasion, specific conditions may be established for the use of specific content and/or services on the Website, and the use of such content or services will imply the acceptance of the specific conditions specified therein.

2. Services

Through the Website, the COMPANY offers Users the possibility to access: Information about the company, its contact details, its products and services, its rates, its commercial offers, its location – A contact section to make inquiries by providing their personal data – Links to access social networks (hereinafter the "Services").

3. Privacy and Data Processing

When access to certain content or services requires providing personal data, Users shall guarantee its truthfulness, accuracy, authenticity, and validity. The COMPANY shall give said data the corresponding automated processing based on its nature or purpose, under the terms indicated in the Data Protection Policy section.

4. Industrial and Intellectual Property

The User acknowledges and accepts that all content displayed on the Website—especially designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible to industrial and/or commercial use—is subject to Intellectual Property rights. All trademarks, trade names, or distinctive signs, as well as all industrial and intellectual property rights over the content and/or any other elements inserted into the page, are the exclusive property of the COMPANY and/or third parties, who hold the exclusive right to use them in economic commerce. Consequently, the User undertakes not to reproduce, copy, distribute, make available, or in any other way publicly communicate, transform, or modify such content, holding the COMPANY harmless from any claim arising from the breach of such obligations. Under no circumstances does access to the Website imply any type of waiver, transmission, license, or total or partial assignment of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not confer upon Users any other right to use, alter, exploit, reproduce, distribute, or publicly communicate the Website and/or its Content other than those expressly provided for herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for that purpose by the COMPANY or the third-party owner of the affected rights.

The content, texts, photographs, designs, logos, images, computer programs, source codes, and, in general, any intellectual creation existing on this site, as well as the site itself as a whole as a multimedia artistic work, are protected as copyright by intellectual property legislation. The COMPANY owns the elements that make up the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content of the Website, or, in any case, holds the corresponding authorization to use said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means, unless prior written authorization has been obtained from the aforementioned Entity.

 

Likewise, it is prohibited to remove, elude, and/or manipulate the copyright notice, as well as any technical protection devices or any information mechanisms that the content may contain. The User of this Website undertakes to respect the rights set forth and to avoid any action that could harm them, with the COMPANY reserving the right to exercise any and all legal means or actions available to it in defense of its legitimate intellectual and industrial property rights.

5. Obligations and Responsibilities of the Website User

The User undertakes to:

Make appropriate and lawful use of the Website, as well as its contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good customs and (iv) public order.

Provide themselves with all the means and technical requirements needed to access the Website.

Provide truthful information when filling out the forms contained on the Website with their personal data and to keep it updated at all times so that it responds, at any given moment, to the User's real situation. The User shall be solely responsible for any false or inaccurate statements made and for any damages caused to the COMPANY or third parties by the information provided.

Notwithstanding the provisions of the previous section, the User must also refrain from:

a) Making an unauthorized or fraudulent use of the Website and/or the contents for illegal purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the services or documents, files and all kinds of content stored on any computer equipment.

b) Accessing or attempting to access restricted resources or areas of the Website without meeting the conditions required for such access.

c) Causing damage to the physical or logical systems of the Website, its suppliers, or third parties.

d) Introducing or spreading computer viruses or any other physical or logical systems on the network that are likely to cause damage to the physical or logical systems of the COMPANY, its suppliers, or third parties.

e) Attempting to access, use and/or manipulate the data of the COMPANY, third-party providers, and other Users.

f) Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless authorized by the holder of the corresponding rights or if it is legally permitted.

g) Deleting, hiding, or manipulating the notes on intellectual or industrial property rights and other identifying data of the rights of the COMPANY or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted into the contents.

h) Obtaining and attempting to obtain the contents using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general, those habitually used on the Internet as they do not entail a risk of damage or disablement of the website and/or the contents.

i) In particular, and by way of indication and not limitation, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:

(i) In any way is contrary to, disparages, or infringes upon fundamental rights and public freedoms constitutionally recognized, in International Treaties and in the rest of the legislation in force.

(ii) Induces, incites, or promotes criminal, denigratory, defamatory, violent actions or, in general, actions contrary to law, morals, generally accepted good customs, or public order.

(iii) Induces, incites, or promotes actions, attitudes, or thoughts that are discriminatory on grounds of sex, race, religion, beliefs, age, or condition.

(iv) Incorporates, makes available, or allows access to criminal, violent, offensive, harmful, degrading products, elements, messages and/or services or, in general, those contrary to law, morals, and generally accepted good customs or public order.

(v) Induces or may induce an unacceptable state of anxiety or fear.

(vi) Induces or incites involvement in practices that are dangerous, risky, or harmful to health and psychological balance.

(vii) Is protected by legislation regarding intellectual or industrial protection belonging to the COMPANY or third parties without the intended use having been authorized.

(viii) Is contrary to the honor, personal and family privacy, or the own image of persons.

(ix) Constitutes any type of advertising.

(x) Includes any type of virus or program that prevents the normal functioning of the Website.

If, in order to access some of the services and/or contents of the Website, you are provided with a password, you bind yourself to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, temporarily or permanently, nor to allow access to the aforementioned services and/or contents by outsiders. Likewise, you bind yourself to notify the COMPANY of any event that may involve an undue use of your password, such as, by way of example, its theft, loss, or unauthorized access, in order to proceed with its immediate cancellation. Consequently, as long as the aforementioned notification is not made, the COMPANY shall be exempt from any liability that could derive from the undue use of your password, with any illegal use of the contents and/or services of the Website by any illegitimate third party being your responsibility.

If you negligently or willfully breach any of the obligations established in these General Conditions of Use, you shall be liable for all damages and losses that may derive from said breach for the COMPANY.

6. Responsibilities

The COMPANY does not guarantee continued access, nor the correct display, download or usefulness of the elements and information contained on the pages of the Website, which may be prevented, hindered or interrupted by factors or circumstances that are beyond its control.

The COMPANY is not responsible for the decisions that could be adopted as a consequence of the access to the content or information offered.

The COMPANY may interrupt the service or immediately terminate the relationship with the User if it detects that a use of its Website or of any of the services offered therein is contrary to these General Conditions of Use. The COMPANY is not responsible for damages, losses, claims or expenses derived from the use of the Website. It will only be responsible for deleting, as soon as possible, the content that may generate such damages, provided that it is so notified. In particular, it will not be responsible for damages that could derive, among others, from:

(i) interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunication lines and networks, or by any other cause beyond the control of the COMPANY.

(ii) illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.

(iii) improper or inadequate abuse of the Website.

(iv) security or navigation errors produced by a malfunction of the browser or by the use of non-updated versions of it. The administrators of the COMPANY reserve the right to withdraw, totally or partially, any content or information present on the Website.

 

The COMPANY excludes any liability for damages of any nature that could be due to the misuse of the freely available services and use by the Users of the Website. Likewise, the COMPANY is exonerated from any liability for the content and information that may be received as a consequence of the data collection forms, these being solely for the provision of services for inquiries and doubts. On the other hand, in case of causing damages due to an unlawful or incorrect use of said services, the User may be claimed by the COMPANY for the damages caused.

You will defend, indemnify and hold the COMPANY harmless against any damages derived from claims, actions or demands of third parties as a consequence of your access or use of the Website. Likewise, you bind yourself to indemnify the COMPANY against any damages derived from your use of "robots", "spiders", "crawlers" or similar tools employed for the purpose of gathering or extracting data or from any other action on your part that imposes an unreasonable burden on the operation of the Website.

7. Hyperlinks
 

The User binds themselves not to reproduce in any way, not even through a hyperlink or link, the Website of the COMPANY, as well as any of its contents, unless expressly authorized in writing by the COMPANY.

The Website of the COMPANY includes links to other websites managed by third parties, in order to facilitate the User's access to information from collaborating and/or sponsoring companies. Accordingly, the COMPANY is not responsible for the content of said websites, nor does it place itself in a position of guarantor and/or offering party of the services and/or information that may be offered to third parties through third-party links.

 

The User is granted a limited, revocable, and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not imply that the COMPANY recommends that website or its services or products; (ii) may not misrepresent their relationship with the COMPANY nor state that the COMPANY has authorized such link, nor include trademarks, trade names, logos or other distinctive signs of the COMPANY; (iii) may not include content that could be considered tasteless, obscene, offensive, controversial, that incites violence or discrimination on grounds of sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Website other than the main page; (v) must link to the Website's own address, without allowing the website making the link to reproduce the Website as part of its own website or within one of its "frames" or create a "browser" over any of the pages of the Website. The COMPANY may request, at any time, that any link to the Website be removed, after which it must proceed immediately with its removal. The COMPANY cannot control the information, content, products or services provided by other websites that have established links to the Website. Consequently, the COMPANY does not assume any type of responsibility for any aspect relating to such websites.

8. Data protection
 

To use some of the Services, Users must previously provide certain personal data. To this end, the COMPANY will automatically process Personal Data in compliance with Personal Data Protection regulations. For this purpose, the User can access the policy followed in the processing of personal data, as well as the establishment of the previously set purposes, as provided in the conditions defined in the Data Protection Policy presented on this Website.

9. Cookies
 

The COMPANY reserves the right to use "cookie" technology on the Website in order to recognize you as a frequent User and personalize your use of the Website through the preselection of your language, or more desired or specific content. The "cookies" used by the Website, or the third party acting on its behalf, are associated solely with an anonymous user and their computer, and do not in themselves provide the user's personal data.

Cookies are files sent to a browser by means of a Web server to record the User's navigation on the Website, when the User allows their reception. In turn, you may delete the "cookies," for which you should consult the instructions for use of your browser.

Thanks to cookies, it is possible for the COMPANY to recognize the browser of the computer used by the User for the purpose of providing content and showing their navigation and advertising preferences, as well as recognizing their demographic profiles to measure visits and traffic parameters, and control progress and the number of entries.

10. Duration and termination

The provision of the service of this Website and the other services have, in principle, an indefinite duration. However, the COMPANY may terminate or suspend any of the services of the portal. When possible, the COMPANY will announce the termination or suspension of the provision of the specific service.

11. Declaration and Guarantees

In general, the contents and services offered on the Website are for informational purposes only. Consequently, by offering them, the COMPANY does not grant any guarantee or representation in relation to the contents and services offered on the Website, including, by way of example, guarantees of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and guarantees cannot be excluded by law.

12. Force majeure

The COMPANY shall not be liable in any case for the impossibility of providing the service, if this is due to prolonged interruptions of the electrical supply, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous events.

13. Dispute resolution. Applicable law and jurisdiction

These General Conditions of Use, as well as the use of the Website, shall be governed by Spanish legislation. Any controversy shall be resolved before the courts of Almería.

In the event that any provision of these General Conditions of Use should be unenforceable or void under the applicable legislation or as a consequence of a judicial or administrative resolution, such unenforceability or nullity shall not make these General Conditions of Use unenforceable or void as a whole. In such cases, the COMPANY shall proceed to modify or replace said provision with another that is valid and enforceable and that, as far as possible, achieves the objective and intent reflected in the original provision.

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