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General conditions

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General Conditions for Users

The present General Conditions of Use (hereinafter called “the General Conditions”) shall govern access and use of the website www.aguasdemondariz.com (hereinafter called “the Website”) by the User. By accepting the present General Conditions, the User manifests that:

- a. He/She has read and understood the General Conditions.

- b. a.He/She assumes all obligations described herein.

When you use the Website, you are automatically considered as User of the Website (hereinafter called “the User”) and implies acceptance of all terms in these General Conditions. The User should therefore carefully read the present General Conditions every time he/she accesses the Website since both the Website and the General Conditions are subject to change.

The Website owner reserves the right, at all times, without prior warning, to modify or update the contents and services of the Website, the General Conditions, and in general, change any or all elements that involve design and configuration of the Website.

1. General information about the Website

In compliance with the provisions of section 10 of Spanish Act 34/2002, dated 11th July, referring to information society and e-commerce services (hereinafter called the “LSSICE”), attached hereunder for your perusal, is the general information about the Website:

Owner: AGUAS DE MONDARIZ FUENTE DE VAL, S.A. (hereinafter called “AGUAS DE MONDARIZ”).

Registered address: Avda del Val s/n. 36878. Mondariz, Pontevedra. España.

Company Registration Number (C.I.F.): A36000107

E-mail: Mondariz@aguasdemondariz.com - Calidad@aguasdemondariz.com

Telephone: 986656076

Registration data: Volume 20, F. 178, Sheet Nº640 BUSINESS REGISTRY OF PONTEVEDRA.

2. Conditions of use

2.1. Access to Website

Access to the Website is free except for connection costs through telecommunications network supplied by the User’s contracted internet access supplier.

2.2. Need for Registration

Generally speaking, there is no need for User Registration to access the Website. However, use of certain services and contents may be conditioned to prior Registration by the User. The User must therefore register by previously filling in a form ("Your Mondariz"). Data introduced by the User should be true, current and exact at all times.

The registered User shall at all times be responsible for custody of his/her password and shall consequently become liable for any damages arising from improper use, transfer, revelation or loss of the same. To that end, access to restricted areas and/or use of services and contents through use of the password of the User shall be deemed to be done by the said registered User, who shall become liable in all cases for such access and use.

The User, during the registration process, may upload an avatar associated with his/her name that will visually identify him/her or your business in the case of Bars and Restaurants section on the Website To that end, the User affirms that he/she has all intellectual property rights to the uploaded image and is therefore obliged to assume all claims and liabilities, including indemnities towards damages that any third party may claim from AGUAS DE MONDARIZ towards infringement of its rights through any action derived from the obligations that the User either directly or indirectly undertakes through these General Conditions.

In case of uploading a photograph, the User manifests that the image reproduced in it corresponds to him/her or your business in the case of Bars and Restaurants section and therefore is not unduly using personal data of third parties. Should AGUAS DE MONDARIZ learn that the User is illegitimately using the image of a third party, then AGUAS DE MONDARIZ will eliminate the said personal data and shall inform the User of the behaviour that contravenes the General Conditions, thereby resulting in AGUAS DE MONDARIZ denying the said User from accessing its Website.

Prior to facilitating third party personal data on the Website, the User must obtain the third party’s prior and express consent, and furthermore should previously explain the terms of the present General Conditions to such third party.

The User undertakes to keep AGUAS DE MONDARIZ free from any claims, fines and sanctions that may become applicable as a consequence of non-compliance by the User of the duty described in this paragraph.

The User likewise is obliged to keep AGUAS DE MONDARIZ free from all damages that he/she or third parties may suffer as a consequence of formalisation of transfer of rights regulated in this clause.

2.3. Data Protection

AGUAS DE MONDARIZ declares that it complies with valid Data Protection norms, especially with the provisions of Spanish Organic Law 15/1999, dated 13th December, concerning Protection of Personal Data, as well as the provisions of Spanish Royal Decree 1720/2007, dated 21st December, that approves the application of Organic Law 15/1999, dated 13th December, concerning Personal Data Protection.

he User declares that all information facilitated is true, complete and precise and abides by the Spanish Organic Data Protection Law, and furthermore expressly authorises AGUAS DE MONDARIZ to keep on its files, the personal data contained in the form that was filled in by the User for registration as User of the Website.

The mercantile company AGUAS DE MONDARIZ FUENTE DE VAL, S.A. will be responsible for custody of the files. In order to exercise access, cancelation, rectification or opposition rights foreseen in Spanish Organic Law 15/1999, dated 13th December, on Personal Data Protection, the Users can do so at the following address: Calidad@aguasdemondariz.com.

Should the User wish to exercise the abovementioned rights he/she must send in a written application to the hereinabove mentioned address and attach a photocopy of his/her ID card.

Data sent by the User through the Web is protected via technical and organisational measures in line with the safety level applicable to the said data. In like manner, data supplied and stored in our data bases is likewise protected through safety systems to prevent unauthorised access by third parties.

2.4. Rules for using the Website

The User undertakes to use the Website and all of its contents and services according to the provisions of Law, morality, public order and these General Conditions. The User also undertakes to use the services and/or contents of the Website in a responsible manner and not to carry out illicit activities or activities that may result in a criminal offence, which may infringe third party rights and/or intellectual and industrial property rights, or any other applicable legal norm.

The User undertakes not to transmit, introduce, spread and provide to third parties any type of material and information (data, contents, messages, drawings, sound and image files, photographs, software, etc.) which are contrary to law, morality, public order, and the present General Conditions. For expository purposes only, but not limited to or excluding any, the User undertakes to observe the following conditions:

I.- Not to introduce or disseminate contents or propaganda that is racist, xenophobic, pornographic, in support of terrorism, or which infringe human rights.

II.- Not to introduce or spread programs (viruses and harmful software) in the web that could produce damage to computer systems of the internet supplier, its suppliers and third party Users of the network.

III.- Not to disseminate, transfer or place at the disposal of third parties any type of information, element or content that may infringe fundamental rights and public freedom that are guaranteed by the Constitution and international treaties.

IV.- Not to spread, transmit or place at the disposal of third parties any information, element and content that may result in illicit or unfair publicity.

V.- Not to transmit unrequested or unauthorised publicity, "trash mail", "chain letters", "pyramidal structures", and any other form of request, except in those areas (such as commercial areas) that have been specifically designed for the same.

VI.- Not to introduce or disseminate any information and false contents which are ambiguous and inexact and which may confuse receivers of the said information.

VII.- Not to supplant other Users by using their registration passwords to access the several services and/or contents of the Website.

VIII.- Not to spread, transmit or place at the disposal of third parties, any information, element and content that may result in violation of intellectual and industrial property rights, patents, brands and copyrights that may correspond to owners of Websites or third parties.

IX.- Not to disseminate, transfer and place at the disposal of third parties, any type of information, element or content that results in a violation of communications secrecy and personal data legislation.

The User undertakes to keep AGUAS DE MONDARIZ harmless against any possible claim, fine, court ruling or sanction that may arise as a consequence of default by the User of any user norms indicated hereinbefore and AGUAS DE MONDARIZ shall furthermore reserve the right to claim indemnity towards the corresponding damages.

2.5. Exclusion of Liability

AGUAS DE MONDARIZ does not assume any liability for updating of this Website nor does it guarantee that the information published herein is accurate or complete. The User therefore should make sure that the information published is accurate and complete prior to making any decision related to any service or content described in this Website.

The User’s access to this Website does not imply any obligation from AGUAS DE MONDARIZ to ensure absence of viruses, computer worms, and any other element that may harm IT systems. The User shall at all times be responsible for having the appropriate tools for detecting and disinfecting damaging computer programs.

AGUAS DE MONDARIZ shall not be responsible for damages produced in software and computer systems of Users or third parties during use of the services offered on the Website.

AGUAS DE MONDARIZ shall not be liable for damages of any type produced to the User that result from telecommunications network connection failures or disconnections that produce interruption, cancellation or suspension of the Website services, either when they are on offer or prior to that.

2.6. Contents and services linked via the Website

The Website access service includes technical link mechanisms, directories and even search instruments that permit the User to access other Internet WebPages and Portals (hereinafter called “Linked Sites”). In such cases, AGUAS DE MONDARIZ shall only be responsible for the contents and services supplied by the Linked Sites, if the company were effectively aware of their illicit nature and did not deactivate the links. Should the User consider that there is a Linked Site with illicit or improper contents, he/she can communicate the same to AGUAS DE MONDARIZ, and such communication in no case shall mean any obligation to remove the corresponding link.

The existence of Linked Sites shall under no circumstance mean formalisation of agreements with the persons-in-charge or owners of the same, nor does it mean any recommendation, promotion or identification of AGUAS DE MONDARIZ with the manifestations, contents or services provided.

AGUAS DE MONDARIZ is unaware of the contents and services of the Linked Sites, and therefore shall not be responsible for damages produced by illicitness, quality, non-updating, unavailability, error or non-usefulness of the contents and/or services of the Linked Sites, nor shall it be liable for any other damages that are not directly attributable to AGUAS DE MONDARIZ.

2.7. Intellectual and industrial property

All Website contents, which, for mere expository purposes, are: texts, photographs, graphs, images, icons, technology, software, links and other audiovisual and audio contents, as well as their graphic design and source codes, are the intellectual property of AGUAS DE MONDARIZ or third parties. The User is not assigned any exploitation rights known by valid norms on the subject of intellectual property of the same.

The brands, commercial names and identification signs are the property of AGUAS DE MONDARIZ or third parties, and access to the Website does not mean assignment of any right on the same.

3. Use of Cookies

AGUAS DE MONDARIZ, either on its own or through services contracted from third parties for measurement purposes, may use cookies when the User surfs through the Website. Cookies are files sent to the navigator via a web server, in order to register the activities of the User during the surfing time.

Cookies used by the Website are solely associated with anonymous users and their computers, and therefore they do not provide personal data of the User.

Through cookies, the server that lodges the Website can recognise the web navigator used by the User, in order to make surfing easier, thereby permitting, for example, preferential access to users that signed in first, to areas, services, promotions and competitions that are reserved exclusively for them, and they do not have to sign in every time they decide to visit the Website. These are also used to measure audience and traffic parameters, to control progress and number of entries.

The User has the possibility to configure his/her navigator to warn each time cookies are received and also to prevent installation of cookies on his/her computer. Kindly read your navigator instructions and manuals for further information.

To use the Website, the User does not have to permit installation of cookies sent by the Web Site or any third party that acts on behalf of AGUAS DE MONDARIZ, without prejudice to the fact that the User can start a session in any service that requires prior “log in”.

4. Third party e-commerce communications

The User, by not ticking the box (indicate name), expressly, freely and unmistakably accepts that his/her personal data be processed by AGUAS DE MONDARIZ for the following purposes:

- Despatch of commercial communications via E-mail, fax, SMS, MMS, social networks or any other electronic and physical means, either in the present or in the future, that facilitate carrying out of commercial communications.

5. Nullity and voidness of clauses

If any clause included in the present General Conditions were declared to be partially or fully null or void, then such nullity and voidness shall only affect the provisions or part of the said clause that becomes null or void, and the remaining General Conditions shall subsist, wherein the said provisions shall be considered to be partially or fully excluded.

6. Applicable law and competent jurisdiction

These General Conditions shall be governed and interpreted according to Spanish law. AGUAS DE MONDARIZ and the User expressly renounce any privileges and jurisdictions and undertake to resolve any conflict derived from or related with the present General Conditions before the Courts and Tribunals of the city of Barcelona, Spain. However, in those cases where the User enjoys the consideration as consumer, as established by section 3 of Spanish Royal Legislative Decree 1/2007, dated 16th November, that approves the revised text of the General Act for the Defence of Consumers and Users, and other complementary laws, AGUAS DE MONDARIZ shall expressly subject itself, from time to time, to the competent jurisdiction and tribunals according to the legislation in force.

 

© 2009 Aguas de Mondariz Fuente de Val S.L. All rights reserved. General conditions.