TERMS AND CONDITIONS OF USE
1. Introduction and Company details
These are the Terms and Conditions of Use of the website hosted on www.lafarga.es (the « Website »), owned by LA FARGA YOURCOPPERSOLUTIONS, S.A., a Spanish company with registered office in La Colonia Lacambra de Vinyoles s/n, 08508 Les Masies de Voltregà, Barcelona, Spain, with Tax ID Code (CIF) A-08661647 and registered in the Mercantile Registry of Barcelona, folio 201, volume 46408, page no. B-59226 (the « Company »).
To contact the Company directly and effectively, you can send an e-mail to the address lafarga@lafarga.es or call the telephone number +34 93 8504100.
2. Purpose and scope of application
These Terms and Conditions of Use govern access to and use of the content and services offered by the Company through the Website. The Company reserves the right to modify the appearance, configuration and content of the Website at any time, as well as the terms and conditions required for access to it and its use. Access to and use of the Website after the entry into force of modifications to its contents and/or Terms and Conditions of Use implies acceptance thereof.
Accessing, browsing and using the Website entails and implies acceptance by the Website user (the « User ») of these Terms and Conditions of Use.
Through the Website, the User will be able to enjoy the following features:
- Corporate information about the Company.
- Information about the Company’s products, services and activities.
- Sending of requests for information and/or queries through the channels provided on the Website, in accordance with the provisions included in the Privacy Policy.
- Information on the Company’s job offers.
Access to the Website is free of charge, with the exception of the connection costs via the telecommunications network of the access provider contracted by the User.
3. User Obligations
The User undertakes to:
- Access and use the Website in accordance with that established in these Terms and Conditions of Use.
- Accept and comply with the provisions of these Terms and Conditions of Use and any other document that forms an integral part thereof.
- Use the contents, materials and information available for internal and personal use, and not for subsequent distribution, publication, public exhibition, preparation of derivative works or to facilitate the performance of these activities in any other way.
- Not use the available contents, materials and information for decision making.
- Not alter or manipulate the contents of the website in any way.
- Not store or communicate through the Website contents that are contrary to current legislation, morality, public order, as well as those that are defamatory, aggressive, obscene, sexually explicit, offensive, violent or that incite violence, racism or xenophobia, or in general are illegal or harmful to the rights and/or physical and/or moral integrity of people.
- Not disseminate personal data of other Users or of any third parties, without having legitimate grounds to do so in accordance with the applicable legislation.
- Not defame, abuse, annoy, harass, threaten or otherwise violate any rights of other Users or any other person.
- Not remove or attempt to override any security measures adopted and implemented on the Website.
- Comply with the provisions of the current legislation.
4. Intellectual and industrial property rights
The Company is the owner or has obtained the corresponding licence over the intellectual and industrial property exploitation rights of the Website, as well as the intellectual and industrial property rights over the layout of the contents of the Website (‘sui generis’ right over the database), its graphic design (look & feel), the underlying computer programs (including the source codes), the different elements comprising the Website (texts, graphics, photographs, videos, sound recordings, etc.), as well as the computer programs used in relation thereto.
Under no circumstances may the accessing, browsing, use, hosting and/or downloading of contents, materials and information from the Website be understood as a total or partial waiver or transfer of the aforementioned rights by the Company or, where applicable, by the holder of the corresponding rights. The User is only entitled to use the intellectual and industrial property rights for the exclusive purpose of accessing the contents, materials and information offered through the Website.
Consequently, it is not permitted to remove, evade or manipulate the copyright notice and any other data identifying the rights of the Company or their respective owners incorporated into the contents, as well as the technical protection devices or any information and/or identification mechanisms that may be contained therein.
In particular, it is strictly prohibited to use the contents of the Website for inclusion, in whole or in part, on other websites unrelated to the Website without the prior written authorisation of the Company, or to reverse engineer, decompile, disassemble, combine, copy, use, disclose, sell or transfer the underlying software of the Website, unless prior written authorisation has been obtained from the Company or this is permitted by the applicable law.
References to trade names and trademarks, logos or other distinctive signs, whether registered or not, owned by the Company or third parties, imply a prohibition on their use without the consent of the Company or their rightful owners. At no time, unless expressly stated, does access to or use of the Website and/or its contents, materials and information confer on the User any rights whatsoever over the trademarks, logos and/or distinctive signs included therein that are protected by law.
All intellectual and industrial property rights are reserved and, in particular, it is forbidden to modify, copy, reuse, exploit, reproduce, transform, communicate publicly, make second or subsequent publications, upload files, send by e-mail, transmit, use, process or distribute in any way all or part of the contents included on the Website for public or commercial purposes, without the prior written authorisation of the Company or, where appropriate, of the holder of the corresponding rights.
Users will hold the Company, as well as any third party licensors of the Company, harmless against any claims they may receive from third parties whose intellectual and/or industrial property rights may have been infringed by the use made thereof by Users.
5. Responsibilities
The Company cannot guarantee the reliability, usefulness or veracity of the information provided through the Website.
Consequently, the Company does not guarantee, nor is it liable for: (i) the continuity of the Website’s content, materials and information; (ii) the absence of errors in such content; (iii) the absence of viruses and/or other harmful components on the Website or the server that supplies it; (iv) the invulnerability of the Website and/or the impregnability of the security measures taken on it; (v) the lack of usefulness or performance of the Website’s content, materials and information; and (vi) the damage caused, to themselves or to a third party, by any individual who infringes the terms and conditions, rules and instructions that the Company sets forth on the Website, or by breaching the security systems of the Website.
Notwithstanding the foregoing, the Company states that it has taken all the measures necessary, within its power and given the state of technology, to guarantee the operation of the Website and avoid the existence and transmission of viruses and other malware to Users.
Should the User become aware of the existence of any content that is unlawful, illegal or that may imply an infringement of intellectual and/or industrial property rights, they must notify the Company of it immediately so that it can take the appropriate measures.
6. Contents
The materials, contents and any other information on the website are for information purposes only and are not sufficient for the user to make decisions.
7. Links Policy
7.1 Links to other websites
In order to help the Users find information of interest to them, the Website may offer links to other websites, through different buttons, banners, links, etc., that are managed by third parties. The Company has neither the power nor the human or technical means to be aware of, control or approve all the information, contents, products or services provided by other websites to which it links from the Website.
Consequently, the Company does not accept any responsibility for any aspect relating to the website to which a link may be established from the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or generally any of its contents.
In this regard, if Users become aware of the unlawfulness of activities performed through these third-party websites, they must immediately notify the Company so that it can proceed to disable the access link thereto.
The establishment of any type of link from the Website to another external website does not imply that there is any type of relationship, collaboration or dependence between the Company and the party responsible for the external website.
7.2 Links to the Website appearing on other websites
If any User or company wishes to establish any type of link to the Website, they must comply with the following stipulations:
- The link may only direct to the homepage of the Website, unless expressly authorised in writing by the Company.
- The link must be absolute and complete, that is, it must take the User, with one click, to the URL address of the Website itself and must completely cover the entire screen of the main page of the Website in question. Under no circumstances, unless authorised in writing by the Company, may the website making the link reproduce the Website in any way, include it as part of its website or within one of its frames, or create a browser on any of the pages of the Website.
- The page that establishes the link may not state in any way that the Company has authorised this link, unless the Company has done so in writing. If the third party making the link from its page to the Website correctly wishes to include the brand, name, trade name, sign, logo, slogan or any other type of identifying element of the Company and/or the Website on its website, it must first have the written authorisation of the Company.
- The Company does not authorise the establishment of a link to the Website from those websites containing materials, information or contents that are illicit, illegal, degrading, obscene and, in general, that contravene morality, public order or generally accepted social norms.
8. Unsolicited commercial communications by e-mail (spam)
The Company prohibits the use of the Website to generate or send unsolicited commercial communications by e-mail. . If the Company considers that certain information may be of interest to the User, the Company reserves the right to send such information by e-mail provided that it has sufficient legitimacy to do so, always offering the User the possibility to unsubscribe from this service.
9. Modification of the Terms and Conditions of Use
The Company may modify the terms and conditions set forth herein, in whole or in part, by publishing any change in the same manner in which these Terms and Conditions of Use appear or through any type of communication addressed to Users.
The validity period of the Terms and Conditions of Use therefore coincides with the time they remain at the disposal of the Users until they are wholly or partially modified, at which time the modified Terms and Conditions of Use will come into force. Notwithstanding the foregoing, access by Users to the Website will imply their express acceptance of the modifications that have been made to these Terms and Conditions of Use.
The Company may terminate, suspend or interrupt, at any time and with no need for any prior notice, access to the Website’s content, materials and information, without any possibility for Users to demand any compensation whatsoever. After such suspension or interruption, the prohibitions on the use of the contents, materials and information set out above in these Terms and Conditions of Use will remain in force.
10. General considerations
The headings of the different clauses are for information purposes only and will in no way affect, qualify or broaden the interpretation of these Terms and Conditions of Use.
Should any provision or provisions of these Terms and Conditions of Use be considered void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative authority, such nullity or unenforceability will in no way affect the remaining provisions of these Terms and Conditions of Use.
The Company’s failure to exercise or enforce any right or provision contained within these Terms and Conditions of Use will not be construed as a waiver thereof, unless there is written acknowledgement of and agreement to this by it.
11. Applicable law and jurisdiction
The relationship established between the Company and the User will be governed by the laws of the Kingdom of Spain, without prejudice to the fact that other legislation may be applicable by virtue of the provisions of Spanish and Community regulations in force in relation to applicable legislation and competent jurisdiction. However, in those cases in which the regulations foresee the possibility of the parties submitting to a jurisdiction, the Company and the Users, expressly waiving any other jurisdiction to which they may be entitled, will submit any disputes and/or litigation to the jurisdiction of the Courts and Tribunals of the city of Barcelona.