The Parties accept that the following terms have the meaning indicated below:
- Portal: The website located at the following Internet address: www.bodegasmalagavirgen.com, as well as in any subdomain or extension of the same.
- User: Person accessing the Portal and/or using the services or information.
- Information and services
Users may access different types of information and services through the Portal. The Portal reserves the right to modify, at any time and without prior notification, the presentation and configuration, the information or services it offers. The User expressly acknowledges and accepts that at any time the Portal service could be interrupted, turned off and/or any information or services can be cancelled. The Portal will make every effort to guarantee availability and accessibility to the Portal. Nevertheless, due to causes such as maintenance, updating, change of location, etc., it may be necessary at times to interrupt access to the Portal.
The Portal offers access to information and services as is, and does not supply any equipment, material or services to access the same. For correct access and use of certain information and services, Users may have to download and/or install certain programs onto their computers.
The Portal has no control over contents and/or services supplied by third parties in and/or through the Portal, neither does it control their legitimacy. In any case, it does not offer any sort of guarantee regarding this material. The User acknowledges that the Portal will not be held responsible for contents and/or services supplied by third parties in and/or through the Portal. The User accepts that the Portal will have no responsibility at all for any harm or damages caused by the use of this information or services supplied by third parties.
Certain contents, data, information and services will require the User to pay a cost in order to access them. In these cases the Portal will inform the User of this beforehand.
- Obligations of the User
The User will not use the information and services offered by the Portal for making decisions with economic implications as they are aware that this information and services may not be up to date and may contain incorrect data or typing errors. In addition, when required to send data or information, the user must not falsify their identity or try to impersonate any other individual. The User accepts that the use of this Portal is exclusively for personal and private purposes and may not use the Portal for activities contravening the law, moral customs, public order or for any forbidden activities that harm the rights of third parties. Additionally, it is forbidden to disseminate, store and/or handle data or contents in breach of the rights of third parties or any intellectual or industrial property rights.
The User will not use the Portal for any actions that encourage, incite or promote: 1. Illegal, denigrating, libelous or discriminatory acts as well as those implying racial, religious or belief discrimination. 2. Acts of violence, pornographic or degrading acts and/or those contrary to generally accepted morals and good customs.
The User will not use the Portal to transmit, store, divulge, promote or distribute data or contents containing viruses or any other type of computer code, file or program designed to interrupt, destroy or damage the operation of and program, computer or telecommunications device.
The User will not use the Portal to send non-authorized publicity.
The User is obliged to indemnify and hold the Portal harmless for any damages, sanctions, penalties or compensation, including legal fee or any other third party expenses derived from breach of these General Terms and Conditions by the User.
- Availability of information and services supplied by the Portal
The Portal does not guarantee the continuous and uninterrupted availability of its services, and is thus exonerated from any responsibility derived from non-availability or the services due to force majeure or breakdown of telecommunication services beyond the company’s control or due to downtime caused by improvement or maintenance services on the computer systems. In these cases, the Portal will make every effort to give 24 hours notice of the interruption. The Portal will not be held liable for the interruption, suspension or finalization of information or services. Nether will it be liable for possible omissions, loss of information, data or configurations, unauthorized access or breaches of confidentiality originated by technical or communications problems or human error caused by third parties not attributable to the Portal. Neither will it be liable for damage caused by computer hacking or computer viruses affecting communications systems or equipment used by the Portal but manufactured or facilitated by third parties. The Portal may, at its discretion and at any moment, without prior warning, refuse, withdraw, suspend and/or block Users’ access to information and services if they are found to be in breach of these norms.
- Responsibilities of the Portal
The User acknowledges and accepts that the Portal provides no guarantee of any kind, either expressly or explicitly, for the data, contents, information and services incorporated into and offered from the Portal.
Except to the extent in which the Law dictates the contrary, and exclusively to the extent dictated by the Law, the Portal does not guarantee or assume any responsibility with regard to possible damages caused by the use of information, data and services provided by the Portal.
In any cases, the Portal will not be held liable for any damages caused by information and/or serviced offered or supplied by third parties. In these cases all responsibility will reside in the third party in question, either the supplier, collaborator or any other.
- Personal data
Personal data received will be handled in compliance with Organic Law 15/1999 of 13 December on Personal Data Protection and other concordant regulations in force in Spain.
Personal data obtained by the Portal for supplying any service or use of the Portal will be incorporated into a computer database created and maintained by Bodegas Málaga Virgen, S. A. U. Any data obtained will be used to offer the required services as well as to inform the User about novelties in the services and contents of the Portal, attending, if applicable, to the user’s indications of preferences. The User accepts to receive e-mails, as long as they are related to the aforementioned preferences or services and the information used by the User. The User expressly declares that any personal data or data accessed, entered, modified or deleted by a third party will have the express authorization of the third party in question. The Portal informs users that they may exercise their rights to access, correct, oppose and cancel the data they have supplied at any time, by e-mail to firstname.lastname@example.org or writing to the following address: Motorway A-92, KM. 132 (29520 – Fuente de Piedra – Málaga – Spain).
To handle and process the date, the Portal has adopted all the technical and organizations security measures required by current legislation.
- Intellectual and industrial property
All the contents, brands, logos, drawings, documents, computer programs or any other element under the protection of intellectual and industrial property legislation accessible from the Portal correspond exclusively to the Company or its legitimate owners and all rights on them are expressly reserved. It is expressly forbidden to create hypertext links to any element in the web pages of the Portal without the Company’s authorization, as long as it is a website from the Portal that does not require identification or authentication for access or it is of restricted access.
- Applicable legislation, jurisdiction and notifications
These Terms and conditions are governed and will be interpreted according to Spanish law. In case of dispute or discrepancies, the applicable jurisdiction will be that established by Spanish legislation in the Consumers and Users Law. All notifications, summons, requests and other communications the User wishes to maintain with the Company owner of the Portal will be made in writing and will be taken as correctly made when they are received at the e-mail address email@example.com or at the following address: Motorway A-92, KM. 132 (29520 – Fuente de Piedra – Málaga, Spain).
- Nullity and invalidity of clauses
If any clause in these terms and conditions were to be declared (either totally or partially) null or invalid, this nullity or invalidity will only affect the provision or part of the same which has been declared null or invalid, while all the rest will remain unaffected, this arrangement being consider totally or partially but not inclusive.
- Good faith and due diligence
The Parties are committed to comply with their obligations and to exercise the rights that arise from these terms in compliance with the strictest requirements of good faith and due diligence.