1. Introduction and company details

These are the Terms of Use of the website located at www.vilajuiga.com (the “Site“), operated by Aigües Minerals de Vilajuïga, S.A., a Spanish company with registered offices at calle Sant Sebastià, 2, 17493,Vilajuïga – Girona (Spain), holder of tax ID number A17009226 and registered with the Commercial Registry of Girona, folio 131, volume 1878, sheet nº GI-31487 (the “Company“).

To contact the Company in a direct and effective manner, you can write to the email address info@vilajuiga.com or you can call the number +34 972 530 006.

2. Object and scope of application

These Terms of Use regulate access and use to the contents and services offered by the Company through the Site. At any time, the Company reserves the right to modify the presentation, configuration and content of the Site, as well as the conditions to access and use the Site. Access and use of the Site once its contents and/or its Terms of Use are modified and come into force, entail users’ acceptance to the modified Site and Terms of Use.

By accessing, browsing and using the Site, the user of the Site (hereinafter, the “User“) accepts these Terms of Use and the Privacy Policy.

The User may enjoy the following functionalities by accessing the Site:

  • Corporate information about the Company and its activities.
  • Requests for information and/or queries through the channels enabled on the Site, in accordance with the provisions established in the Privacy Policy.

Access to the Site is free of charge, except for connection costs of the telecommunications network offered by the internet provider contracted by the User.

3. User obligations

The User undertakes to:

  • Accept and comply with the provisions of these Terms of Use and any document that forms part of said terms.
  • Not use the Site contents in any manner that may contravene the provisions of these Terms of Use or any other legal texts that regulate the use of the Site.
  • Use the available contents and services for personal and internal use, and not for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way.
  • Not use the available contents and services for decision-making.
  • Neither alter nor manipulate the contents of the Site.
  • Neither store nor communicate through the Site illegal contents or contrary to moral or public security, as well as defamatory, aggressive, obscene, explicitly sexual, offensive, violent or encouraging violence, racist or xenophobic or, in general, illegal or harmful for third party rights, physical integrity or moral.
  • Not divulge other Users’ or third parties’ personal data without their prior express authorization.
  • Not defame, abuse, disturb, harass or infringe in any other manner Users’ or third parties’ rights.
  • Not eliminate or attempt to eliminate any security measures adopted in the Site.
  • Comply with the current legislation.

4. Intellectual and industrial property rights

The Company is the owner or has obtained the corresponding license of any exploitation intellectual and industrial property rights over the Site, as well as any intellectual and industrial property rights over the arrangement of the Site contents (sui generis right for the protection of databases), the graphic design (look & feel), the underlying software (including source code), as well as any elements integrating the Site (texts, graphics, photographs, videos, audio recordings, etc.), as well as any software related to the Site.

In no event, accessing, exploring, using, storing and/or downloading contents of the Site and/or using the services herein provided will be understood as a waiver or transfer (neither total nor partial) of any of the aforementioned rights by the Company or the relevant owner. The User is entitled to utilize the intellectual and industrial property rights with the sole purpose of accessing the contents, materials and information offered through the Site.

Consequently, it is not allowed to suppress, eliminate or manipulate the copyright notice (“copyright”) and any other identification details of the Company or of the corresponding content owners, as well as any technical protection devices or any information and/or identification mechanisms that may be contained therein.

In particular, it is strictly forbidden to use the Site’s content for its inclusion, totally or partially, in any other websites without the Company’s prior and written authorization and to reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying software of the Site, unless prior and written authorization of the Company or otherwise permitted by applicable law.

References to registered or non-registered trade names, trademarks, logos and other distinctive signs, either owned by the Company or by any other third parties, must not be used without the prior consent of the Company or its owners. In no event, although otherwise expressly stated, access or use of the Site and/or of its contents and services grants Users any rights over the trademarks, logos and distinctive signs protected by law.

Intellectual and industrial property rights are reserved and, in particular, it is forbidden to modify, copy, reuse, exploit, reproduce, transform, publicly communicate, make second or subsequent publications, load files, send by mail, transmit, use, process or distribute in any form, either totally or partially, the contents included in the Site for public or commercial purposes without the prior written and express authorization of the Company or of the owner of such rights.

Users will maintain the Company and its licensors harmless from any third party actions claiming that their intellectual and/or industrial property rights have been infringed due to the lack of compliance of this clause by said Users.

5. Responsability

The Company cannot guarantee the reliability, utility or truthfulness of the information offered through the Site.

Consequently, the Company does not guarantee or is responsible for: (i) the continuation of the Site contents, resources and information; (ii) the absence of errors in such contents; (iii) the absence of viruses and/or harmful components in the Site or in its server; (iv) the lack of security of the Site and/or the strength of the security measures adopted in the Site; (v) the lack of utility or performance of the Site contents, resources and information, and (vi) the damages caused by any third party or person who infringes the conditions, rules and instructions of the Company established on the Site or due to the violation of the security systems of the Site.

Notwithstanding the aforementioned, the Company declares that it has adopted the required measures, within its possibilities and the state of technology, to guarantee the operation of the Site and prevent the existence and transmission of viruses and any other components harmful to the User.

If illicit, illegal, contrary to laws or other content infringing intellectual and/or industrial property rights come to the knowledge of the User, the User shall immediately notify the Company so that it can proceed to the adoption of the corresponding measures.

6. Content

The material and information of the Site are exclusively for informational purposes for the decision-making by the User.

7. Policy on links

7.1 Links to other websites

The Site may offer links to other websites through different buttons, banners, links, etc., which are managed by third parties. The Company does neither have the faculty nor the human and technical means to know, control and approve the information, contents, products or services offered through other websites which are linked from the Site.

The Company is not responsible for any aspects related to the websites which are linked from the Site. For announcement purposes only, the Company will not be responsible for the operation, access, data, information, files, quality and reliability of the products and services, the links and/or any other contents generally offered through the websites which are linked from the Site.

In this sense, if Users have effective knowledge of the illegal character of the activities carried out through these third party websites, they shall immediately notify the Company so that it proceeds to disable the link that permits access to said websites.

The establishment of links from the Site to websites belonging to third parties does not imply the existence of any kind of relationship, collaboration or reliance between the Company and the responsible person of the third party website.

7.2 Site links in other websites

If any User, entity or website wishes to include any kind of link to the Site, it must comply with the following

  • The link can only be directed to the main or home page of the Site, unless expressly authorized in writing by the Company.
  • The link must be absolute and complete, meaning that it must redirect the user by means of a sole click to the URL of the Site to which it refers and the homepage has to be shown fully on the screen. In no event, unless expressly authorized in writing by the Company, the website in which the link is included shall reproduce the Site in any manner or include it as a part of its website or within one of its “frames” or create a “browser” on any of the Site’s pages.
  • Unless otherwise expressly authorized in writing by the Company, no declaration shall be made in the website where the Site’s link is made regarding the Company’s authorization to include such link. If the third party who links to the Site wants to include in its website the trademark, name, trade name, sign, logo, slogan or any other element identifying the Company and/or the Site, it shall obtain the Company’s prior written authorization.
  • The Company does not allow links to the Site from websites containing material, information or content which is illicit, illegal, degrading and obscene or, in general, which contravenes moral, public order or generally accepted social standards.

8. Unsolicited commercial email (SPAM)

The Company prohibits the use of the Site to generate or send unsolicited commercial email. If the Company considers that certain information may be of interest to the User, the Company reserves the right to provide this information to the User by email with User’s prior consent, while offering the opportunity to unsubscribe from this service.

9. Personal data

The Site’s privacy policy is regulated in the document Privacy Policy.

10. Modifications of these terms of use

The Company may modify, totally or partially, the terms and conditions herein regulated by publishing any modifications in the same manner as these Terms of Use or through any communication addressed to Users.

The temporary validity of the Terms of Use is coincident with the period within which such terms are available to Users, until they are totally or partially modified, at which time the modified Terms of Use will become valid. Notwithstanding the foregoing, access by the User to the Site will imply the express acceptance of the modifications that have been introduced in these Terms of Use and/or in the Privacy Policy.

At any time, the Company may terminate, suspend or interrupt access to the contents and services of the Site, without giving prior notice to Users and without Users being entitled to compensation for damages. Upon termination, the prohibitions of use on the contents and services mentioned in these Terms of Use will continue being applicable.

11. Miscellanea

The heading of the provisions are for information purposes only and will not affect, qualify or amplify the interpretation of these Terms of Use.

In case any provision of these Terms of Use is totally or partially considered null or inapplicable by any competent court, tribunal or governmental body, such nullity or inapplicability will not affect the rest of the provisions of these Terms of Use.

The lack of exercise or execution by the Company of any right or provision contained in these Terms of Use will not constitute a waiver to such right or provision, unless made in writing.

12. Applicable law and jurisdiction

The relationship established between the Company and the User shall be governed by the laws of the Kingdom of Spain, without prejudice to the fact that other legislation may be applicable under the provisions of the Spanish and EU regulations in force in relation to the applicable legislation and the competent jurisdiction. However, for those cases in which the regulations allow for the possibility for the parties to choose the jurisdiction, the Company and the User, expressly waiving any other jurisdiction, will subject any disputes and/or litigation to the knowledge of the Courts and Tribunals of the city of Barcelona.

 

Creation date: July 2018