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GENERAL TERMS AND CONDITIONS OF USE
This Legal Notice establishes the general terms and conditions of use that regulate access to and use of the WEBSITE, APP, or Mobile App owned by ACTURUS CAPITAL, S.L.U., which makes the website available to Internet users in order to provide information about our products and services.
To this end, the service provider's identification and contact data are given below: ACTURUS CAPITAL, S.L.U., holder of Tax ID (CIF) Number B83233346, with registered address for the purposes hereof in C/ Impresores 14, Polígono Industrial Prado del Espino, 28660 Boadilla del Monte, Madrid.
Welcome. We encourage you to carefully read the General Terms and Conditions of Use (hereafter, the "General Terms and Conditions of Use") that describe the general terms and conditions of use that will apply to your navigation through this website, pursuant to the applicable Spanish legislation. As ACTURUS CAPITAL, S.L.U. might change these General Terms and Conditions of Use in the future, we recommend that you review them on a regular basis in order to be duly informed about any changes made.
In order for use to comply with transparency, clarity, and simplicity criteria, we hereby inform you that you can send any suggestion, question, or query regarding the General Terms and Conditions of Use to ACTURUS CAPITAL, S.L.U. at the aforementioned address.
ACTURUS CAPITAL, S.L.U. provides the contents and services available in our online spaces, subject to these General Terms and Conditions of Use and our personal data processing policy (hereinafter, the "Data Protection Policy"). Your access to or use in any form of this website qualify you as "User" and entail the unreserved acceptance of each and every one of these General Terms and Conditions of Use. We reserve the right to change them at any time. Consequently, every User shall be responsible for carefully reading the General Terms and Conditions of Use in force whenever they access the website. Should the User disagree with any of the provisions herein, he should refrain from using this space.
Users are also hereby warned that specific terms and conditions for use of specific contents and/or services may be occasionally established. Use of these contents or services shall entail the acceptance of the specific terms and conditions specified therein.
Through our web spaces we offer Users the possibility of accessing information about our products and services (hereinafter, the "Services"). More specifically, the possibility of:
- Creating and managing your personal account
- Processing your orders and returns through our online services
- Sending notifications about the status of a delivery through text messages
- Contacting you regarding any incidence in item delivery
- Answering your queries and informing you about new services or changes therein
- Sending commercial offers such as newsletters or catalogues
- Notifying the winners of online competitions
- Performing analyses to provide you with relevant offers and commercial information
- Checking that you have the legal age to make online purchases
- Sending you surveys to improve our offers and services
- Evaluating and improving our services
- Preventing inadequate or incorrect use of our services
3. Data privacy and Processing
When providing personal data is required for access to certain contents or services, Users shall guarantee their truthfulness, accuracy, authenticity, and validity. The company shall automatically process those data as required on the basis of their nature or purpose, under the terms specified in the Data Protection Policy.
4. Industrial and Intellectual Property
The User acknowledges and accepts that all the contents displayed, and particularly designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs that can be used for industrial and/or commercial purposes are subject to Intellectual Property rights and all the trademarks, trade names, or distinctive signs, all the industrial and intellectual property rights over the contents and/or any other elements in the website are the exclusive property of ACTURUS CAPITAL, S.L.U. and/or third parties, which have the exclusive right to use them in the course of trade. For all these reasons, the User undertakes not to reproduce, copy, distribute, make available, or in any other way publicly communicate, transform, or modify these contents. The company shall not be held liable for any claim arising from breach of these obligations. Under no circumstances shall access entail any waiver, transfer, licence, or total or partial assignment of these rights, unless expressly otherwise stipulated. These General Terms and Conditions of Use confer Users no other right of use, alteration, exploitation, reproduction, distribution, and public communication and/or over its Contents other than those specifically established herein. Any other use or exploitation of rights shall be subject to prior express authorisation specifically granted for this purpose by the company or the third party that holds the rights involved.
The contents, texts, photographs, designs, logos, images, software, source code, and any intellectual creation in this website, as well as the website as a whole, as a multimedia art work, are protected as copyright by intellectual property law. The company is the owner of the elements that constitute the graphic design, menus, navigation buttons, the HTML code, the texts, images, textures, graphics, and any other content, or in any case has the corresponding authorisation for use of these elements. The contents provided may not be reproduced totally or partially, transferred, or recorded by any information retrieval system, in any form or by any means, unless prior authorisation in writing is provided by the Company.
The removal, avoidance, and/or manipulation of the "copyright", as well as of the technical protection devices or any information mechanisms that might be included in the contents, is also forbidden. The User undertakes to respect the rights described and avoid any action that might damage them. In any case, the Company reserves the right to take any legal actions or use any legal means to defend its legitimate rights of intellectual and industrial rights.
5. Obligations and Responsibilities of Website Users
Users undertake to:
- Make adequate and lawful use of the Web spaces as well as of the contents and services, pursuant to:
- the applicable legislation at any time;
- the Website's General Terms and Conditions of Use;
- the moral standards and good practice generally accepted, and
- public order.
- Provide all the technical means and requirements established to access the Website.
- Providing truthful information when entering their personal data in the forms and updating them so that they correspond to the User's real situation at any time. The User shall be the only party responsible for any false or inaccurate statements which he makes and for any damages caused to the Company or to third parties by the information provided.
The foregoing section notwithstanding, the User shall also refrain from:
- Making unauthorised or fraudulent use of the Website and/or of the contents for unlawful purposes that are forbidden in these General Terms and Conditions of Use, damage third-party rights and interests, or may in any way damage, render useless, impair, prevent normal use of the services or documents, files, and any other contents stored in any computer.
- Accessing or trying to access restricted resources or areas if he does not meet the conditions required for access.
- Damaging the Website's physical or software systems, its providers, or third parties.
- Introducing or spreading computer viruses or any other physical or software systems that might damage the physical or software systems of the Company, providers, or third parties through the network.
- Trying to access, use, and/or manipulate the data of the Company, third-party providers, and other Users.
- Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or changing the contents, unless authorised by the holder of the rights or legally allowed.
- Removing, concealing, or manipulating the notes on intellectual or industrial property rights and other identification data regarding the rights of the Company or of third parties appended to the contents, as well as technical protection devices or any other information mechanisms that might be inserted in the contents.
- Obtaining or trying to obtain the contents using means or procedures other than those that are made available for this purpose or that are expressly provided in the web pages where the contents are located, or in general, those that are usually employed on the Internet as they involve no risk of damage or impairment of the website and/or the contents.
- In particular, without limitation, the User undertakes not to transmit, disseminate, or make available to third parties any information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and in general any kind of material that:
- In any way breaches, denigrates, or attacks the fundamental rights and public freedoms established in the Spanish Constitution, International Treaties, and any the legislation in force.
- Encourages, incites, or promotes criminal, denigrating, libellous, or violent behaviour or in general any behaviour that breaches the law, the moral standards and good practice generally accepted, or public order.
- Encourages, incites, or promotes actions, attitudes, or thoughts that constitute discrimination on the basis of sex, race, religion, beliefs, age, or condition.
- Includes, makes available, or provides access to products, elements, messages and/or services that are criminal, violent, offensive, damaging, degrading, or in general breach the law, the moral standards and good practice generally accepted, or public order.
- Induces or might induce an unacceptable state of anxiety or fear.
- Includes or incites involvement in dangerous or risky behaviour or behaviour that is damaging to health and mental balance.
- Is protected by the legislation regarding the protection of the intellectual or industrial property owned by the Company or third parties with no authorisation for the use to be made. Is contrary to honour, personal or family privacy, or personal image.
- Constitutes any kind of advertising.
- Includes any type of virus or software that prevents normal operation of the Website.
If a password is provided for access to any of the services and/or contents, the User undertakes to use it in a diligent manner, keeping it secret at all times. Consequently, the User shall be responsible for adequate safekeeping and confidentiality, undertaking not to transfer it to third parties, on a temporary or a permanent basis, or to allow access to said services and/or contents by third parties. Likewise, the User undertakes to notify the Company of any fact that might constitute undue use of his password, such as, without limitation, theft, loss, or unauthorised access, in order to immediately cancel it. Consequently, until said notification is made, ACTURUS CAPITAL, S.L.U. shall not be held liable for any undue use of its password, but rather shall the User be held liable for any unlawful use of the contents and/or services by an unlawful third party. Should the User breach any of the obligations established in these General Terms and Conditions of Use in a negligent or fraudulent manner, he shall be held liable for all the damages and losses caused to the Company as a result of said breach.
ACTURUS CAPITAL, S.L.U. does not guarantee continuous access or correct visualisation, download, or use of the elements and information included in the website that might be prevented, hindered, or disrupted by factors or circumstances that lie beyond its control. It shall not be held liable for any decision taken as a result of access to the contents or information offered.
ACTURUS CAPITAL, S.L.U. may disrupt service or immediately terminate its relationship with a User if it detects that his use of the Website or any of the services offered therein breaches these General Terms and Conditions of Use.
It shall only be responsible for removing as soon as possible the contents that might generate said damage, whenever notified. In particular, it shall not be held liable for any damages that might arise, among others, from:
- interference, disruption, failure, omission, telephone malfunction, delay, blocking, or disconnection in the operation of the electronic system due to deficiencies, overloads, and failures in the telecommunications lines and networks or any other reason beyond the Company's control.
- unlawful interference through use of any type of malware or by any means of communication, such as computer viruses or others.
- undue or inadequate use.
- security or navigation mistakes due to malfunction of the browser or use of non-updated versions thereof. The company directors reserve the right to withdraw, totally or partially, any content or information on the Website.
ACTURUS CAPITAL, S.L.U. shall not be held liable for any damages or losses of any nature arising from misuse of the services that are freely available for use by the Users. Nor shall it be held liable for any contents or information received as a result of the data collection form, which are solely intended for the provision of query services. Moreover, in the event of damages and losses arising from unlawful or incorrect use of said services, claims may be filed against the User for the damages and losses caused.
The User shall compensate and shall not hold the Company exempt from any damages or losses arising from third-party claims, actions, or lawsuits as a result of access or use. In addition, the User undertakes to pay compensation for any damages or losses arising from his use of robots, spiders, crawlers, or similar tools used to obtain or extract data or from any other action that imposes an unreasonable load on Website operation.
The User undertakes not to reproduce the Website or any of its contents in any way, even though a link, unless express authorisation is provided in writing by the person in charge of the file.
The Website includes links to other websites managed by third parties, in order to provide the User with access to information from its partners and/or sponsors. Thus the Company shall not be held liable for the content of these websites, and shall not be regarded as a guarantor or provider of the services and/or information offered through third-party links.
Users are given a limited, revocable, and non-exclusive right to create links to the Website home page exclusively for private, non-commercial use. Any websites linking to our Website
- may not falsify their relationship or claim that said link has been authorised or include trademarks, trade names, logos, or other distinctive signs belonging to our Company;
- many not include contents that might be regarded as being in bad taste, obscene, offensive, controversial, encouraging violence or discrimination on the basis of sex, race, or religion, contrary to public order, or unlawful;
- may not link to any Website page other than its home page;
- shall link to the Website address, preventing the website making the link to reproduce the Website as part of its site or within one of its frames or create a browser in any Web space.
ACTURUS CAPITAL, S.L.U. may request removal of any link to its Website at any point, and the User shall immediately remove it. ACTURUS CAPITAL, S.L.U. is unable to control the information, contents, products, or services provided by other websites that have established links to the Website.
8. Data Protection
Users must previously provide certain personal data to use some of the Services. To this end, ACTURUS CAPITAL, S.L.U. shall automatically process the Personal Data pursuant to Spanish Law 15/1999, of 13 December, on Personal Data Protection (Ley 15/1999 de 13 de Diciembre de Protección de Datos de Carácter Personal) and the implementing Royal Decree 1720/2007, of 21 December. To this end, the User may view the policy followed for personal data processing, as well as the purposes previously established pursuant to the conditions defined in the Data Protection Policy.
Cookies are files sent to a browser by a Web server to record the User's navigation when the User allows their reception. If you wish, you can set your computer's settings to be notified when cookies are received and to prevent the installation of cookies in your hard disc. Please read your browser's instructions to find more information.
Cookies enable ACTURUS CAPITAL, S.L.U. to recognise the browser of the computer used by the User in order to provide contents and offer the User's navigation or advertising preferences, obtain Users' demographic profiles, measure visits and traffic parameters, and control progress and the number of entries.
10. Term and termination of the service
The term of the service shall be in principle indefinite. Nonetheless, ACTURUS CAPITAL, S.L.U. may terminate or suspend any of the services. Whenever possible, ACTURUS CAPITAL, S.L.U. shall announce the termination or suspension of the service in question.
11. Representations and Warranties
Generally speaking, the contents and services offered on the Website are merely of a purely information nature. Consequently, in offering them ACTURUS CAPITAL, S.L.U. provides no guarantee or representation regarding the contents and services offered, including, without limitation, guarantees of lawfulness, reliability, usefulness, truthfulness, accuracy, or marketability, except to the extent that said representations and guarantees cannot be excluded by law.
12. Force majeure
ACTURUS CAPITAL, S.L.U. shall not be liable in the event that provision of services is not possible, if this is due to extended disruptions in the electricity supply, telecommunications lines, social conflict, strikes, riots, explosions, floods, Government action and omission, and in general all cases of force majeure or acts of God.
13. Settlements of controversies. Applicable law and jurisdiction
These General Terms and Conditions of Use, as well as the Website, shall be governed by Spanish law. The parties subject themselves to the courts and tribunals of Madrid to settle any conflict, expressly waiving their rights to any other jurisdiction to which they might be entitled.
Should any clause in these General Terms and Conditions of Use be unenforceable or invalid by virtue of the applicable legislation or as a result of a court or administrative ruling, said unenforceability or invalidity shall not render these General Terms and Conditions of Use unenforceable or invalid in their entirety. In these cases, ACTURUS CAPITAL, S.L.U. shall proceed to change or replace said clause by a valid and enforceable clause which, as much as possible, achieves the goal and purpose of the original clause.