1.- AIM.
These conditions for general use (henceforth CGU), regulate the access and use of the Website under the domain www.gratacos.com (henceforth Website), owned by “A GRATACOS, S.A.U.” (henceforth GRATACOS), made available to the users (henceforth User/s).
If you have any questions or concerns regarding the use and access to the Website or these CGU, you can contact us through the contact information published in the Legal Notice.
2.- COMPLIANCE WITH THESE GENERAL CONDITIONS.
The use of this Website implies the full acceptance by the User of the existing CGU at the time the User access to this Website. If they are not accepting of any of the conditions established herein they should abstain from using the Website.
Accordingly, the User shall carefully read the CGU each time they decide to use the Website.
In any case, GRATACOS reserves the right to modify, without prior notice, and at any time the CGU. Similarly, GRATACOS reserves the right to suspend, interrupt, or cease to operate the Website at any time.
By “Website use”, it is meant all Users accessing and browsing this Website independently of filling the registration forms.
3.- CONDITIONS FOR ACCESS AND USE OF THE WEBSITE AND ITS CONTENTS.
The access to the Website and/or the Contents included in it does not imply any kind of guarantee with respect to the suitability of the Website and/or the Contents included in it, for specific or particular purposes of the Users.
GRATACOS may establish additional limitations and/or conditions for use and/or access to the Website and/or the Contents, which shall be observed at all times by Users.
3.1- Access and Use of the Website.
Unless otherwise provided, the use of the Website shall be free of charge, without prejudice to the connection through the corresponding telecommunications network contracted by the User.
The User admits to being over the age of eighteen years, therefore is conscious of and voluntarily and explicitly accepts that the use of the Website is done at all times under only their own exclusive responsibility.
The User is obliged to comply with the CGU, as well as to comply with the special notices or instructions found on the Website and to act always in accordance to the law, good practice, and the responsibilities of good faith, employing their maximum attention taking into account the nature and compensation of the service they enjoy. To this effect, they shall abstain from using the Website in any way that can block, damage, or deteriorate the normal functioning of the Website, the property or right of GRATACOS, suppliers, distributors, other Users, or any third party in general.
Specifically and without causing any restriction to the obligation assumed by the User complying in a general nature with the previous section, the User is obliged during the use of the Website:
- Do not introduce, store or disseminate, on or from the Website, any information or material that is defamatory, offensive, obscene, threatening, xenophobic, pornographic, an apologia for terrorism, incites violence, discriminatory to race, sex, ideology, religion or that in some way subverts public order, fundamental rights, public liberty, honor, privacy or the appearance of third parties and in general the current legislation.
- Do not introduce, store or disseminate via the Website any computer program, data, virus, code, or any other instrument or electronic or physical device capable of causing harm to the Website, any of the services, or any of the equipment, systems or networks of GRATACOS, of any User, of the Suppliers or Distributers of GRATACOS or in general of any third party, capable of causing any type of alteration or prevent the normal functioning of the Website.
- Do not introduce, store or disseminate via the Website any content that infringes intellectual and industrial property right, or the rights of a third party, or in general, any content to which they do not exercise the rights, in accordance with the law, to make available to third parties.
3.2- Access and Use of Content.
The Contents of the Website are available to the User with information sourced from its own and third parties.
GRATACOS ensures that the Contents are of the highest possible quality and are reasonably updated, but does not guarantee the usefulness, accuracy, comprehensiveness, pertinence, and/or relevance of the Contents.
4.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
Via the CGU no intellectual or industrial property rights about the Website or any of its integrated elements are conceded and are expressly forbidden to the User their copy, transformation, public communication, making available, extraction, reuse, forwarding, or the use in any form, along with any means or procedure, from any of them, unless in those cases where it is legally permitted or is authorized by the owner of the corresponding rights.
The User shall be able to display and obtain a temporary private copy of the Contents for their exclusive personal and private use on their computer systems (software and hardware), provided without the purpose to develop any commercial or professional activities. The User should abstain from obtaining, or attempting to obtain, the Contents through means or procedures different to those that in each case was made available or indicated for that purpose or those that they usually use on the Internet (as long as these latter do not put at risk of damage or deactivation of the Website). The User should respect, at all times, all the intellectual and industrial property rights concerning the Website, owned by GRATACOS or third parties.
5.- DISCLAIMER OF GUARANTEES AND RESPONSIBILITY.
5.1.- Disclaimer of Guarantees and Responsibility for the Functioning of the Website.
GRATACOS does not guarantee the availability and continuity of the functioning of the Website and the services and Contents found in it, or that the content on the Website is updated, being exempted from all responsibility for damages or harm, of any nature, that could arise from such circumstances.
GRATACOS shall carry out, providing circumstances do not arise that make it impossible or of difficult implementation, and as soon as having been notified of the errors, disconnections, and/or lack of updating of the Contents, all those actions meant to rectify the errors, re-establish communication and/or update the referred to contents.
Likewise, GRATACOS does not guarantee either the technical reliability of its Website, or the access to its different pages, and in the same way being exempted of all responsibility for any damages or harm, of any nature, that could arise from this cause.
Furthermore, GRATACOS is not responsible for the possible security flaws or deficiencies that may arise from the use of a browser by a User, which was not properly updated or secured, or for the damages, errors, or inaccuracies that may arise from the malfunctioning of it.
With the aim of reducing the risk of introducing a virus onto the Website, use virus detection programs to control all of the Contents introduced to the Website. Nevertheless, GRATACOS does not guarantee the absence of viruses, or other elements on the Website introduced by third parties external GRATACOS that may cause alterations to the hardware or software systems of the Users or in the digital documents and catalogs contained within its systems. As a result, GRATACOS shall not be under any circumstances responsible for any damages or harm, of any nature, which may derive from the presence of a virus or other elements that can produce alterations in the software or hardware systems, files, or catalogs of the Users.
GRATACOS employs various protection measures to protect the Website, the gathered data, and the Contents against digital, attacks from third parties. Nevertheless, GRATACOS does not guarantee that unauthorized third parties could have access to the type of browsing and use of the Website enjoyed by the User or the conditions, characteristics, and circumstances in which they are made. As a result, GRATACOS shall not be in any case responsible for the damages or harm that may be derived from such unauthorized access.
GRATACOS shall not be in any case responsible for the use that the Users and/or third parties could put the Website or the Contents to, nor the damages and harm that could derive from it.
5.2.- Disclaimer of Guarantees and Responsibility for the Contents.
GRATACOS does not edit Contents published by third parties on the Website and, as a consequence, does not guarantee nor be responsible for the legality, reliability, usefulness, veracity, accuracy comprehensiveness, and relevance of such Content, as well as the Contents owned by GRATACOS. GRATACOS shall not be, in any circumstances, responsible for any damages or harm that may be derived from (i) the absence of legality, reliability, accuracy, comprehensiveness, and/or relevance of the Contents caused from third parties and its own; (ii) the inadequacy for any reason and the disappointing of expectations generated by the Contents; (iii) decisions or actions taken or avoided on the part of the User, trusting in the information or data provided in the Contents, including without limitation, the loss of profits or business opportunities.
6.- HYPERLINKS.
Those people proposing to establish Hyperlinks between their web page and the Website should observe and comply with the following conditions:
- It shall not be necessary to seek prior authorization when the Hyperlink only allows access to the homepage of the Website, but shall not be able to reproduce it in any way. Any other type of Hyperlink shall require unequivocal, express, and written authorization from GRATACOS.
- The web page on which the Hyperlink is established can only contain strictly the necessary to identify the destination of the Hyperlink.
- The web page on which the Hyperlink is established shall not contain illicit information or content, contrary to morality and generally accepted good practice and to public order, as well as not containing content contrary to any rights of third parties.
- GRATACOS reserves the right to block the Hyperlinks directed to the Website which do not have previous express permission even when complying with the provisions described in this point of the General Conditions.
7.- ACTIONS IN CASE OF BREACH OF CONTRACT.
GRATACOS reserves the right to exercise all lawful available action to demand the responsibilities that derive from the breach of contract of any of the provisions of these General Conditions of the Website by a User.
8.- PARTIAL NULLITY.
The declaration of any of the clauses contained within these General Conditions as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining, which shall continue to be binding between the parties.
9.- APPLICABLE LAW AND JURISDICTION.
The present CGU governs in accordance with Spanish legislation.
Any controversy relative to the terms of use and access to this Website contained in the present document of the CGU of the Website, the parties submit, expressly relinquishing any other jurisdiction that may correspond to them, unless legal necessity determines otherwise, to the Courts of Barcelona.
10.- NOTIFICATIONS.
For notifications, GRATACOS designates as a point of contact specified in the Legal Notice.
The email provided by the User during the registration process on the Website shall be used by GRATACOS to affect the practice of notifying the User.
The User is obliged to diligently maintain those details respecting to notifications referenced in this here clause.
All the Notifications affected by GRATACOS to the User shall be considered legitimately affected if they have been made employing the details and through the means previously indicated. GRATACOS shall not be responsible for any harm that could pass due to the violation of the User in their obligation to maintain their contact details updated
