1. IDENTIFICATION DETAILS
The following details are supplied in compliance with the mandatory reporting obligation set forth in section 10 of the Information Society Services and Electronic Commerce Act 34/2002, of 11 July. The web domain www.canaxartell.com is the property of Finca Can Axartell, S.L. (hereinafter CAN AXARTELL), with business premises at Ctra. Vella Pollença-Campanet, km. 1.5 (Pollença) and company tax ID (CIF) B07247109, registered in the Palma de Mallorca Companies Register, sheet PM-7331, volume 960, folio 184. Website contact email: firstname.lastname@example.org
Any person accessing or using this portal belonging to CAN AXARTELL is attributed the condition of USER, and their acceptance of the General Conditions of Use stated herein is inferred from the moment they first access or use the portal, said Conditions being applicable regardless of any General Contract Conditions which may be binding on the USER.
3. CONDITIONS OF USE OF THE PORTAL
www.canaxartell.com provides users with access to a wide range of internet information, services, programmes and data (hereinafter “the contents”) belonging to CAN AXARTELL or its licensees.
The conditions of access and use of this website are governed by the current legislation and by the principle of good faith, the USER undertaking to use the site in a proper manner.
The USER assumes responsibility for their use of the portal, which extends to any registration required to access specific services or contents. On registration, the USER will be responsible for providing true and lawful information and may be assigned a password, which he or she will be responsible for and will undertake to use diligently and confidentially. The USER undertakes to make appropriate use of the contents and services (chat services, discussion forums and news groups, for example) that CAN AXARTELL offers on its portal and includes, but is not limited to, undertaking not to use these to (i) engage in activities which are illicit, unlawful or contrary to good faith or public order; (ii) distribute contents or propaganda which is racist, xenophobic, illegal-pornographic, pro-terrorist or anti-human rights; (iii) cause damage to hardware and software systems belonging to CAN AXARTELL, its providers or third parties by introducing computer viruses or any other hard- or software with the potential to cause such damage; (iv) attempt to access and, where applicable, use other users’ email accounts and modify or tamper with their messages.
CAN AXARTELL reserves the right to remove all comments or contributions that violate respect for a person’s dignity, or are discriminatory, xenophobic, racist, pornographic, threatening to young people and children, order or public safety and which, in its opinion, are not suitable for publication.
CAN AXARTELL will under no circumstances be liable for opinions expressed by users on forums, chats or other participation tools.
CAN AXARTELL complies with the directives of the Personal Data Protection Act 15/1999, of 13 December, and of Royal Decree 1720/2007, of 21 December, which approved the regulations for implementation of the former, and other legislation in force at any time, taking care to ensure that the USER’s data is used and handled correctly. To this end, whenever a personal data collection form is requested from email@example.com, the USER will be informed of the existence and acceptance of the specific conditions relating to the handling of their data in each case, informing them of the name and address of the entity responsible for the file created and the facility to exercise their right to access, correct, delete and oppose, as well as of the purpose of the data handling and the communication of data to third parties where applicable. CAN AXARTELL also complies with the Information Society Services and Electronic Commerce Act 34/2002, of 11 July, and will always request the USER’s consent to the handling of their email address for commercial purposes.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY
CAN AXARTELL, either in its own right or as a concessionary, is the owner of all the intellectual and industrial property rights over its website, as well as the elements contained in it (specifically, images, sound, audio, video, software and texts; brands and logos, combinations of colours, structure and design, selection of materials used, computer programmes necessary for its operation, access and use, etc.), whether owned by CAN AXARTELL or its licensees. All rights are reserved. In accordance with the provisions of sections 8 and 32.1, second paragraph, of the Intellectual Property Act, it is expressly forbidden to reproduce, distribute or publicly communicate, including the method of making available, all or part of the contents of this website for commercial purposes, in any medium and by whatever technical means, without CAN AXARTELL’s written consent.
The USER undertakes to respect CAN AXARTELL’s intellectual and industrial property rights. He or she may visualise elements of the portal and even print, copy and store them on their computer’s hard drive or any other hardware, provided they do so, solely and exclusively, for personal and private use. The USER must refrain from deleting, altering, circumventing or tampering with any protective device or security system that may be installed on CAN AXARTELL’s web pages.
6. WARRANTY AND LIABILITY DISCLAIMER
CAN AXARTELL accepts no liability whatsoever for damages of any kind that may be incurred, in particular, errors or omissions in the contents, lack of availability of the portal, or the transmission via the contents of viruses or malicious or harmful software, despite having adopted all the necessary technological measures to avoid such an outcome.
CAN AXARTELL reserves the right to make such modifications to its portal as it deems appropriate without prior notice, and may change, delete or add to both the contents and services offered and the way in which these are presented and located on the portal.
Should www.canaxartell.com provide links or hyperlinks to other internet sites, CAN AXARTELL will not exercise any form of control over those sites and contents. Under no circumstances will CAN AXARTELL assume any responsibility for the contents pertaining to any link belonging to an independent website, nor will it guarantee the technical availability, quality, reliability, accuracy, extent, truthfulness, validity and constitutionality of any material or information contained at any of said hyperlinks or other internet sites. Moreover, the inclusion of these external connections does not imply any kind of association, fusion or participation with the connected entities.
9. RIGHT TO EXCLUDE
CAN AXARTELL reserves the right to refuse or withdraw access to the portal and/or the services offered without prior notice, either on its own initiative or at the request of a third party, to those users who fail to comply with the present General Conditions of Use.
10. GENERAL ASPECTS
CAN AXARTELL will pursue any non-compliance with the present conditions and any improper use of its portal, making use of all the civil and criminal procedures to which it may have recourse by law.
11. MODIFICATION AND DURATION OF THE PRESENT CONDITIONS
CAN AXARTELL may modify the present conditions at any time, provided these are duly published as they appear herein. The conditions will be valid for as long as they are published herein and will remain in force until they are modified by further duly published conditions.
12. APPLICABLE LEGISLATION AND JURISDICTION
The relationship between CAN AXARTELL and the USER will be governed by current Spanish legislation and any dispute will be submitted to the courts and tribunals of the city of Palma de Mallorca, the USER expressly renouncing any other jurisdiction to which he or she may have recourse.