These General Terms and Conditions govern the use of the website www.smtecnic.com (‘the MINIPORTAL’) belonging to SUMINISTROS Y MANIPULADOS TÉCNICOS S.L. (‘the Owner of the MINIPORTAL’ or ‘the Owner’), with tax ID code 21668792D and address at AVDA. IBI 45-47 CASTALLA (ALICANTE), SPAIN.
USER: anyone who accesses the MINIPORTAL, regardless of whether they make use of the CONTENT included therein.
CONTENT: any information, text, link, software, products or services provided or rendered via the MINIPORTAL.
LEGAL EXPLANATIONS: any general and particular terms and conditions set out in the MINIPORTAL itself, in addition to any legal regulation that may apply to it.
SPAM: for the purposes of these General Terms and Conditions, the indiscriminate sending of messages to email accounts without prior authorization from the owners of the email addresses.
B. PRELIMINARY COMMENTS
In the event that any query arises when reading these legal explanations, please contact the Owner of the MINIPORTAL at firstname.lastname@example.org.
The USER expressly states and accepts that access to MINIPORTAL implies in its entirety the unequivocal commitment to comply with each and every one of the General Terms and Conditions of mere access to and use of any of the CONTENT provided and/or rendered by the MINIPORTAL. In any case, any USER who does not understand or comply with any or all of the aforementioned general terms and conditions must not access or use the MINIPORTAL and/or the CONTENT included therein and/or provided via this MINIPORTAL. Moreover, USERS unambiguously and expressly state and accept both that the aforementioned General Terms and Conditions shall be in force at all times from the moment at which they access the MINIPORTAL as well as the fact that these terms and conditions may be amended at any time by CEEI.
Similarly, as previously stated, each of the items of CONTENT included and/or provided on the MINIPORTAL may be regulated, as well as by these General Terms and Conditions, by particular conditions of use, which are also expressly and unambiguously accepted by USERS from the moment at which they use the CONTENT and, where applicable, by means of the procedures that may be outlined for each specific item of CONTENT. USERS expressly and unambiguously accept that these particular conditions may be amended at any time by the Owner of the MINIPORTAL.
The owner of the MINIPORTAL, by means thereof, provides USERS with access to a series of CONTENT that may be provided or rendered by the Owner itself or by third parties.
CEEI reserves the right to limit, interrupt and suspend access to the MINIPORTAL or use of any or all of its CONTENT at any time. Moreover, the Owner reserves the right to, at any time, be able to modify the location on the MINIPORTAL of any CONTENT it may include, as well as the configuration both of the CONTENT itself as well as the access to the same, and even the ‘look and feel’.
D. CONDITIONS FOR ACCESSING AND USING THE MINIPORTAL
D.1. General access to and use of the MINIPORTAL by USERS. USERS expressly and unambiguously accept that accessing and using the MINIPORTAL does not imply any type of guarantee, which is expressly waived by the Owner, regarding the suitability of the CONTENT included therein for particular or specific purposes of the USERS. Consequently, both access to the MINIPORTAL as well as use of the CONTENT takes place under the exclusive responsibility of USERS, and the Owner shall not be liable in any case and to any extent for direct or indirect damages, or consequential damages or loss of profits, due to any possible damages arising from the use of the CONTENT or from any conclusions that USERS themselves may draw from the use thereof, whether this CONTENT is accessible on the MINIPORTAL or other web pages via existing connections and Links. Moreover, the Owner shall in no case be responsible, either indirectly or in a subsidiary manner, for the content, products or services provided or offered by third parties or entities (or their commercialization and manufacturing conditions), or for content, information, communications, opinions or statements of any kind originating from or expressed by third parties that may be accessible via the MINIPORTAL; this does not, in any case, represent any guarantee or endorsement for the use or acquisition of products or services from third-party providers thereof.
USERS expressly and unambiguously accept that the Owner may establish at any time additional conditions or restrictions for accessing the MINIPORTAL and using the CONTENT; USERS undertake to immediately observe such additional conditions or restrictions.
Access to the MINIPORTAL is provided by the Owner in good faith, and therefore in consideration of the fact that much of the CONTENT may be supplied or provided by third parties, the Owner advises and USERS are aware and accept that any of the data or texts available might not be fully exact or up to date, despite the Owner making its best efforts to ensure that this is the case.Therefore, the Owner shall solely and exclusively be responsible for the content directly provided by the Owner and identified expressly with its copyright.
D.2. Authorized use of the MINIPORTAL and the CONTENT. USERS expressly and unambiguously agree that they shall access the MINIPORTAL and, where appropriate, use the same and the CONTENT included therein in accordance with these General Terms and Conditions, the particular conditions that, where applicable, may be stipulated for each item of CONTENT, as well as any other applicable legislation, good practices and customs, good faith and public order. In any case, including but not limited to the following, USERS undertake to:
a) Refrain from accessing or using the MINIPORTAL or its CONTENT in such a way that is not permitted or incompatible with the purpose of the MINIPORTAL and the legislative framework governing it. Thus, USERS must not access or use, or attempt to access or use, CONTENT and/or restricted areas of the MINIPORTAL without the proper authorization to do so. Furthermore, USERS must access and use restricted areas making use of the procedures and tools that the MINIPORTAL itself has established for this; regardless of whether the USER is authorized or not to access and use restricted areas and CONTENT, in no case may any procedures, means or IT tools be used that seek to get round the security and identification measures stipulated by CEEI or third parties.
b) Access and/or use the MINIPORTAL and/or the CONTENT within the principles and purposes for which they were created and made available to USERS, likewise respecting the way in which they were made available and the General Terms and Conditions included herein. In the interest of complying with these principles and purposes, including but not limited to the following, USERS undertake to: i) refrain from carrying out or attempting to carry out actions that entail or may entail direct or indirect damages, in general, to the MINIPORTAL and the CONTENT included therein, and, in particular, to the rights of the Owner or any third party, whether a USER or SUPPLIER of the MINIPORTAL; ii) to refrain from carrying out or attempting to carry out any actions that may have an effect, whether, inter alia, by modifying, manipulating or removing references or the formats of references or mentions regarding protection of the Owner’s or third-party intellectual or industrial property rights, both for the MINIPORTAL itself as well as the CONTENT included therein and other ELEMENTS that make it up; iii) to refrain from carrying out actions that damage or may damage the Owner’s or third-party systems, or that, where applicable, affect or may affect the normal development of the purpose of the MINIPORTAL. These actions include the introduction of computer viruses into the Owner’s, USERS’ or any third-party system that affect or may affect the MINIPORTAL in any way, as well as actions aimed at spreading these viruses both on the MINIPORTAL as well as online through the MINIPORTAL.
c) USERS shall be responsible for all damages, of any nature, the Owner, any other USER or a third party may suffer as a result of their improper use of the MINIPORTAL or the CONTENT set out therein. They shall also be liable for any amount the Owner must pay as a result of an administrative decision, final court decision or settlement agreement aimed at compensating third parties for damages caused for the same reason.
D.3 THE CONTENT: USERS expressly and unambiguously state that they undertake not to reproduce or copy, distribute, allow public access via any method of public communication, transform or modify the CONTENT, unless they have permission from the holder of the relevant rights or this is legally permitted, as well as not to violate or attempt to violate the protection devices or any information mechanisms that may be inserted in the CONTENT regarding, for example, the protection of its intellectual or industrial property.
USERS undertake NOT to obtain or attempt to obtain the CONTENT by using any means or procedures other than those that, as the case may be, have been made available for this purpose or have been indicated expressly on the web pages where the CONTENT is found or, in general, any that are usually used online due to not entailing a risk of damage or disablement of the MINIPORTAL and/or the CONTENT.
E. COMMERCIAL ACTIVITY
In the event that a commercial activity is carried out through the MINPORTAL or the commercial communications that the USER expressly agreed to receive via email, and such activity concerns either products offered directly by the Owner or third-party products, this activity shall consist of receiving and sending requests relating to the products and/or services presented, or, where applicable, the products and/or services shall be accessed via Links to web pages from other entities that may offer products and services that the Owner considers of interest to its USERS; any commercial transactions that take place shall, in any case, be subject to the legal provisions currently in force, and in particular those set out in Spanish Law 7/1996 of 15 January and Organic Law 2/1996 of 15 January regulating the retail trade, as well as in the legislation on remote sales that implements the aforementioned laws and the Spanish Law on Information Services and E-Commerce.
In no case is the Owner responsible for any kind of claim that could eventually be filed as a result of acquiring the products or services offered or promoted by third parties in the advertising messages or directly or indirectly via the MINIPORTAL. Moreover, the Owner does not guarantee any aspect related to these products and services, whether e.g., concerning their suitability, their compliance with the legislation on intellectual and industrial property or any other legislation that may apply.
In particular, the Owner shall not be responsible for any damages, regardless of their nature, caused as a result of using the goods or services acquired by the USERS, as a result of the offers or promotions sent to them. Any claim that might be filed for these reasons must be lodged against the seller of the goods or provider of the services.
The offers, prices, characteristics and, in general, anything related to the CONTENT of the MINIPORTAL may be changed at any time by the Owner without the Owner assuming any kind of responsibility for these changes or updates that may occur, or for any possible or eventual material errors or transcription errors concerning said CONTENT in the MINIPORTAL. This is all without prejudice to the Owner’s compliance with the stipulations of any legislation that applies to it.
The mere displaying of products and/or services and the information about them provided by the Owner of the MINIPORTAL or third parties does not in itself represent any commercial activity, and any transactions or contracting that might take place between the Owner of the MINIPORTAL and a USER shall be carried out by means of contracting other than the MINIPORTAL and shall be subject, where appropriate, to the legislation and rules applicable to the particular case. The Owner is not responsible for any transactions, operations, offers, advertising and/or contracting that might take place between the USER and any third party to which the USER may have had access via Links found on the MINIPORTAL.
F. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
USERS expressly and unambiguously agree and state that all industrial and intellectual property rights regarding the MINIPORTAL and the CONTENT and/or any other elements inserted on the MINIPORTAL, such as, including and not limited to, the following: the ‘look and feel’, software, designs, images, databases, texts, sounds, brands, logos, graphics, belong to the Owner and/or to any third parties that the Owner designates or such rights have been reserved and legitimately belong to them. In no case does access to MINIPORTAL imply any type of waiver, transmission, licence or total or partial transfer of said rights, unless expressly stated otherwise. These General Terms and Conditions of Use of the MINIPORTAL do not grant USERS any other right of use, alteration, exploitation, reproduction, distribution or public communication of the MINIPORTAL and/or the CONTENT included therein other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to prior, written and express authorization specifically granted for this purpose by the Owner or third-party owner of the rights affected. In the event that the aforementioned authorization occurs, the use or exploitation will be subject to the provisions of this authorization, and in any case the rights will be exercised according to the principles of good faith and in accordance with the general and particular conditions, having to indicate in any case the origin and/or author of the same, including the mentions or references to the intellectual and industrial property provided and/or the copyright symbol of their owners. Likewise, in the event that there is any authorized printing, downloading and storage of the CONTENT, this shall take place exclusively for the USER’s personal, private and not-for-profit use. In the event that any USER was possibly interested in obtaining any kind of authorization for the use of any of the protected materials, they would have to contact the owner.
G. EXCLUSION OF GUARANTEES AND LIABILITY
G.1. Exclusion of guarantees and liability for the operation of the MINIPORTAL. The Owner does not guarantee the availability and continuity of the operation of the MINIPORTAL or any other websites with which a Link may have been established. Moreover, the Owner will in no case be liable for any damages that may arise from the (i) lack of availability or accessibility to the MINIPORTAL or to any other site with which a Link may have been established; (ii) interruption in the operation of MINIPORTAL or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in the telephone lines, the Internet system or other electronic systems occurring in the course of its operation; (iii) lack of suitability of the MINIPORTAL for the specific needs of USERS and (iv) any other damages that may be caused by third parties through unauthorized interference beyond the control of the Owner. Moreover, the Owner notes that the quality of the arrangement of the CONTENT on the MINIPORTAL and the use of the same by the USER largely depends on the USER’s hardware and software meeting any technical requirements that, where appropriate, may be necessary at the Owner’s discretion. Therefore, the Owner assumes no liability for any impossibility or deficiency in the arrangement of CONTENT on the MINIPORTAL or the use thereof by USERS in the event that these USERS do not meet the aforementioned technical requirements.
The Owner does not guarantee the absence of viruses or other elements on the MINIPORTAL introduced by third parties unrelated to the Owner that may cause alterations in USERS’ physical or logical systems or the electronic documents and files stored in their systems. Consequently, the Owner shall in no case be liable for any damages of any kind that might arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of USERS. The Owner does not guarantee that unauthorized third parties will not have access to the type of use of the MINIPORTAL made by USERS or the conditions, characteristics and circumstances in which said use is made. Consequently, CEEI shall in no case be responsible for any damages that might arise from this unauthorized access.
G.2 Exclusion of guarantees and liability for the use of the MINIPORTAL. The Owner shall not be liable in any case for any use that USERS and/or third parties might make of the MINIPORTAL or the CONTENT, nor for any damages that might arise therefrom. Thus, the Owner notes that in the event there are studies, opinions, reports, etc. included as CONTENT in the MINIPORTAL, this CONTENT made by the Owner or third parties seeks to provide only guidance that may serve to support the USER’s activity, and therefore the USER expressly agrees that in no case does the Owner assume any liability for any damages that may be caused directly or indirectly by the use the USER makes of this CONTENT and of the conclusions drawn therefrom. In any case, the Owner may deny or limit USERS’ access to the CONTENT at any time, as well as eliminate or remove the CONTENT, if in the Owner’s opinion the provisions of these General Terms and Conditions and other Legal Explanations, or the principles that guide the correct fulfilment of the purpose of the MINIPORTAL, are being violated.
G.3 Exclusion of guarantees and liability for the CONTENT. The Owner does not edit third-party CONTENT published on the MINIPORTAL and, consequently, does not guarantee or assume liability for the legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of said CONTENT. The Owner shall in no case be liable for any damages that might arise from (i) the lack of legality, reliability, usefulness, veracity, exactness, completeness and/or timeliness of the CONTENT originating from third parties; (ii) the unsuitability for any purpose and failure to meet the expectations generated by the CONTENT; (iii) decisions or actions taken or avoided by the USER due to relying on the information or data provided or supplied in the CONTENT, including, without being limited to, the loss of profits or business opportunities.
G.4 Exclusion of guarantees and liability in relation to Links. The MINIPORTAL provides USERS with Links that allow USERS to access pages and/or websites belonging to and/or managed by third parties. The Owner checks the content of these pages at the time when a Link is established to them and does so in the good faith that such content complies with the applicable legislation. Nevertheless, in no case does the Owner assume liability, approve, or claim as its own the products, services, content, information, data, files and any other kind of material on these web pages, and it does not check or assume liability, approve or claim as its own the successive modifications of these materials. In the event that the Owner considers it appropriate or is required by judicial or administrative order, the Owner shall remove Links to any web pages that infringe the applicable legislation and/or harm the rights of third parties.
H.1 COOKIES. USERS state and expressly and unambiguously authorize the Owner to use, if it deems appropriate, cookies when the MINIPORTAL is accessed and/or used by USERS. These cookies may be voluntarily rejected by USERS. The use of these cookies by the Owner shall take place in a disassociated way so that there shall be no process of association between the USER and/or their access device and the USER’s personal data. In no case will the voluntary rejection of the establishment of cookies impair the USER’s ability to access and use the CONTENT.
H.2. LINKS. Anyone who seeks to establish a link or hyperlink (‘Link’) between their web page and the MINIPORTAL must obtain authorization from the Owner in advance. In the event of obtaining this authorization (which may be unilaterally revoked at any time), the establishment of the Link must meet the following requirements: (i) the establishment of the Link may in no case entail any reproduction of the MINIPORTAL; rather, it must only serve to allow access to the MINIPORTAL. Moreover, the Link may only provide access to the MINIPORTAL home page (‘Home page’), in no case to any page other than this; (ii) no frame or border environment shall be created on the MINIPORTAL; (iii) no false, inaccurate or incorrect statements or indications will be made about MINIPORTAL; (iv) it will not be declared or implied that the Owner of the MINIPORTAL endorses, recommends, supervises or assumes the CONTENT included on or the services provided through the web pages on which the Link was established, and the Owner avoids and renounces any liability that the web page may incur (its managers, owners, etc.) both due to the establishment of the Link itself to the MINIPORTAL Home page and due to the services provided and the CONTENT included on this web page; (v) in any case, the authorization to establish the Link will only imply an authorization to establish the link in accordance with the provisions of this section, and therefore in no case will it imply, without authorization, the possibility of using or including on this web page on which the Link was established, intellectual or industrial property rights of the Owner or any third party. In any case, the web page on which the Link is established may not contain distinctive marks that may lead to perceiving the existence of a relationship of association (since it does not exist) between the services, products and content included and provided on the web page and those included and provided through the MINIPORTAL. Likewise, they may not lead to perceiving the existence of an association (since it does not exist) between the natural person, legal person or entity that manages or is the owner of said web page and the owner or third-party providers of MINIPORTAL CONTENT; vi) the web page where the Link is established, during the period while the Link is established, will not be able to include or provide services or CONTENT that are illegal, fraudulent, contrary to these General Terms and Conditions, good faith, good practice and the rights of third-party providers of MINIPORTAL CONTENT or the Owner.
I. PROTECTION OF PERSONAL DATA
J. PARTIAL INVALIDITY
If any of the parties does not exercise any of their rights pursuant to this agreement, it will not be considered a waiver of this right unless this is communicated expressly and in writing.
Even if any of the parts of this agreement is not considered legal or valid by a judicial body, the rest of the agreement will continue to apply.
K. NON-COMPLIANCE, APPLICABLE LAW AND JURISDICTION
The Owner reserves the right to exercise whatever actions are available in law to demand the responsibilities arising from a USER’s non-compliance with any of the provisions of these General Conditions of Use of the MINIPORTAL. The provision of the MINIPORTAL service and these General Terms and Conditions for the MINIPORTAL and those included therein are governed by Spanish law. To the extent permitted by law, the parties, expressly waiving any other jurisdiction that may correspond to them, agree to submit to the jurisdiction of the Courts of the city of AVDA. IBI 45-47 CASTALLA (ALICANTE), SPAIN.