1. Identification of the parties
The General Conditions of Use indicated below regulate the access, browsing and use of the URL www.calidadpascual.com (hereinafter, the WEBSITE), owned by Calidad Pascual, S.A.U. (hereinafter, PASCUAL or the COMPANY).
Calidad Pascual, S.A.U., with Tax ID Code (CIF) A-09006172, a company duly registered in the Mercantile Registry of Burgos (Volume 671, Book 462, Folio 200, Sheet BU-2337), and corporate address in Ctra. de Palencia s/n, Aranda de Duero, Burgos (Spain), telephone +34 91-203.55.00, fax +34 91-302.86.45 and email address email@example.com
In this regard, the “User” shall be understood to be the person who accesses, browses, uses, requests information, registers or participates in any service, competition, promotion and any other activities carried out on the WEBSITE.
2. Purpose and scope of application
2.1. These Conditions of Use regulate access to the Contents and all Services offered by PASCUAL through www.calidadpascual.com (hereinafter, the WEBSITE), including news and article comments, Blogs, chats and any other, as well as the use thereof by Users. Nevertheless, the Company reserves the right to modify the appearance, configuration and content of the WEBSITE and the Services, as well as the conditions required for its access and/or use. Access to and use of the Contents and Services after the entry into force of any modifications or changes in the conditions imply their acceptance.
2.2. Accessing, browsing and using the WEBSITE entails and implies acceptance by the user of these Conditions of Use.
3.1. Accessing the Contents and using the Services provided by the WEBSITE is free of charge.
3.2. Access to the WEBSITE by minors under fourteen years of age is prohibited. In the event that a minor of this age does access the Website, their parents, guardians or legal representatives shall be held responsible for the acts carried out by the minors in their care, in accordance with current legislation.
3.3. Access to and browsing the WEBSITE does not require registration. However, in order to access a certain feature or service, prior registration with the Website may be required. If so, the User will be asked to choose a username and password.
In this case, the password is personal and non-transferable, and must be generated by the User in accordance with the rules of robustness and complexity established by the Company at any given time.
If the User chooses a password that does not comply with the minimum requirements in accordance with the Password Policy approved and in force at the Company, the user shall be notified of this non-compliance and of the conditions that the password must meet in order to be effectively valid to register the interested party in the Company’s Register of Users.
However, the WEBSITE shall have the necessary functionalities to allow the User to change their password when they deem this appropriate, for example, because they suspect or confirm that the confidentiality of the password has been breached.
3.4. The password, if applicable, shall be personal and non-transferable. The User undertakes to diligently use their password and to keep it secret, not transmitting it to any third party or to the Company itself. Consequently, Users are responsible for the appropriate safekeeping and confidentiality of any usernames and/or passwords they have chosen as registered Users of the Company, and undertake not to assign their use to third parties, be it temporarily or permanently, or allow third parties to access them. The User shall be responsible for any unlawful use of the WEBSITE by any unauthorised third parties who use a password for this purpose owing to the User’s negligent use or loss thereof.
By virtue of the foregoing, the User is required to immediately inform the managers of the WEBSITE of any event that will enable the misuse of usernames or passwords, such as the theft, loss or unauthorised access thereto, so that they can be cancelled immediately. If these events are not reported, the Company will be exempt from any liability that may arise from the misuse of the usernames or passwords by unauthorised third parties.
4. Intellectual and industrial property rights
The WEBSITE is governed by Spanish laws and by Spanish and international legislation on intellectual and industrial property.
All contents offered on the WEBSITE, including the website itself, audiovisual works, texts, overviews, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, etc., belong to the Company or have been licensed to it by the third party holders of the rights to such content and are protected by intellectual and industrial property rights.
You may use the WEBSITE and the contents published therein on a non-exclusive basis, for your private use only, and in each case according to the conditions of use of each item of content.
Commercial use of the contents is not permitted, nor is it permitted to copy, store or download, distribute, publish, send, transform, use any reverse engineering technique, decompile the contents or any part thereof or make any use of means or procedures other than those made available to you on the WEBSITE to use the contents in a manner other than that authorised by the Company.
It is also not permitted to remove or manipulate the copyright signs or other credits that identify the holders of the rights over the contents you find on the WEBSITE, nor the technical protection devices, digital fingerprints or any protection or information mechanism incorporated into the contents available on the WEBSITE.
5. Use of the website
5.1. The User undertakes to use the Services provided by the WEBSITE in accordance with the law and with these Conditions of Use. The User is obliged to refrain from using the Services for purposes or effects that are illegal or contrary to that established in the Conditions of Use.
5.2. The User agrees and is aware that advertisements, chain email messages or any other content other than opinions or debates on articles or news items not accepted in the services of forums, blogs, sending information through forms, as well as any others that allow the publication of Users’ opinions. By using the Services, the User declares their acceptance of these Conditions of Use, undertaking not to use them to send messages that are defamatory or insulting, or that contain false information, that are inappropriate, abusive, harmful, pornographic, threatening, damaging to the public image or private life of third parties or that for any reason violate any law.
5.3. In particular, by way of illustration and not limitation, the User undertakes not to collect data for advertising purposes, not to send any type of online advertising and not to transmit, disseminate or make available to third parties, through the Services provided by the WEBSITE, information, messages, graphics, sound or image files, photographs, recordings, software and generally any type of material, data or content that, without being exhaustive:
- Involve illicit or illegal activities, or activities that breach obligations of good faith and public order;
- In any way contravene, undermine or violate the fundamental rights and public freedoms recognised in the Constitution or in international treaties and in the rest of the legal system;
- Induce, incite or promote criminal, denigratory, defamatory or violent actions;
- Induce, incite or promote discriminatory actions, attitudes or ideas based on gender, race, religion, beliefs or age;
- Incorporate criminal, violent or degrading messages;
- Induce or incite people to engage in practices that are dangerous, risky or bad for their health or psychological balance;
- Are false, ambiguous, inaccurate, exaggerated or extemporaneous, in such a way as to be misleading about their subject matter or about the intentions or purposes of the communicator;
- Are protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorisation to carry out the use that they are making or intend to make;
- Violate the business secrets of third parties;
- Are contrary to the right to honour, personal and family privacy or the right to self-image;
- Violate the regulations on the confidentiality of communications;
- Cause, due to their nature (such as format, length, etc.), difficulties in the normal operation of the Services.
6. Licence for communications
6.1. Should the User send any kind of information to the Company through the WEBSITE, by means of whichever channel is available for this purpose on the website, the User declares, warrants and accepts that they have the right to do so freely, that such information does not infringe upon any intellectual property, trademark, patent, trade secret or any other third party right, that such information is not confidential and that such information is not harmful to third parties.
With regard to the data of third parties that the User may facilitate via the WEBSITE, the User guarantees that they have informed these third parties of the terms and purposes described in these Conditions of Use and, where applicable, have obtained their authorisation to communicate their data to the Company.
6.2. The User agrees to take on any liability and hold the Company harmless from any communication that they provide personally or in their name, with this liability extending without restriction to the accuracy, legality, originality and ownership thereof.
7. Liabilities and guarantees
The Company cannot guarantee the reliability, usefulness or veracity of the services or information provided through the WEBSITE.
Consequently, the Company does not guarantee, nor is it liable for: (i) the continuity of the contents of the WEBSITE; (ii) the absence of errors in these content or products; (iii) the absence of any viruses and/or other harmful components on the WEBSITE or the server that supplies it; (iv) the invulnerability of the WEBSITE and/or the impregnability of the security measures taken therein; (v) the lack of usefulness or performance of the contents and products of the WEBSITE; (vi) the damage caused, to themselves or to a third party, by any individual who violates the terms and conditions, rules and instructions that the Company establishes on the WEBSITE or by breaching the security systems of the WEBSITE.
Nevertheless, the Company states that it has taken all the measures required, within its reach and the state of the art, to guarantee the performance of the WEBSITE and avoid the existence and transmission of viruses and other malware to Users.
Should the User become aware of the existence of any content that is unlawful, illegal, against the law or that may imply a violation of intellectual and/or industrial property rights, they must notify the Company of it immediately so that it can take the appropriate measures.
8.1 Links to other websites
In the event that the User finds links on the WEBSITE to other websites by means of different buttons, links, banners, etc., these will be managed by third parties. The Company has neither the power nor the human or technical resources to identify, monitor or approve all the information, contents, products or services provided by other websites to which links may be established from the WEBSITE.
Consequently, the Company cannot accept any type of liability for any aspect relating to the Website to which a link may be established from the WEBSITE, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or generally any of its contents.
In this regard, if Users become aware of the illegal nature of activities performed through these third-party websites, they must immediately notify the Company so that it can proceed to disable the access link thereto.
The establishment of any type of link from the WEBSITE to another external website does not imply that there is any type of relationship, collaboration or dependence between the Company and the party responsible for the external website.
8.2 Links on other websites to the WEBSITE
If any User, company or website wishes to establish any type of link to the WEBSITE, they must comply with the following stipulations:
- The link may only direct to the Home Page of the WEBSITE, unless expressly authorised otherwise in writing by the Company.
- The link must be absolute and complete, that is, it must take the User, with one click, to the URL address of the WEBSITE itself and must completely cover the full screen of the WEBSITE’s Home Page. Under no circumstances, unless expressly authorised in writing by the Company, shall the WEBSITE making the link reproduce the WEBSITE in any way, include it as part of its website or within one of its frames or create a browser on any of the WEBSITE’s pages.
- The page that establishes the link may not state in any way that the Company has authorised this link, unless the Company has done so expressly and in writing. If the company making the link from its website to the WEBSITE correctly wishes to include the brand, name, trade name, sign, logo, slogan or any other type of identifying element of the Company and/or the WEBSITE on its website, it must first have the express written authorisation of the Company.
- The Company does not authorise the establishment of a link to the Website from those websites containing materials, information or contents that are illicit, illegal, degrading, obscene and, in general, that contravene morality, public order or generally accepted social norms.
The Company has neither the power nor the human or technical resources to identify, monitor or approve all the information, contents, products or services provided by other websites that have established links to the WEBSITE. The Company does not accept any type of liability for any aspect relating to the Website that establishes that link to the WEBSITE, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or generally any of its contents.
10. Duration and modification
10.1. The Company may modify the terms and conditions set forth herein, in whole or in part, by publishing any change in the same manner in which these Conditions of Use appear or using any type of communication addressed to the Users.
10.2. These Conditions of Use are valid for the length of time that they are displayed, until such time when they are modified, in whole or in part, which will be the time when the modified Conditions of Use enter into force.
10.3. Regardless of what has been provided for in the specific terms and conditions, the Company may terminate, suspend or interrupt, at any time and with no need for any prior notice, access to the page’s content, without any possibility for Users to demand any compensation whatsoever. After such termination, the prohibitions of use for the content specified above in these Conditions of Use will remain in force.
11. General considerations
11.1. The headings of the different clauses are for information purposes only and will in no way affect, qualify or broaden the interpretation of Conditions of Use.
11.2. If there is any discrepancy between the provisions of these Conditions of Use and the particular conditions of each specific service, the provisions of the latter shall prevail.
11.3. Should any provision or provisions of these Conditions of Use be considered void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative authority, such nullity or unenforceability will in no way affect the remaining provisions of these Conditions of Use.
11.4. The Company’s failure to exercise or enforce any right or provision contained within these Conditions of Use will not be construed as a waiver thereof, unless there is written acknowledgment of and agreement to this by it.
The parties shall submit to the courts and tribunals of the user’s residence to resolve disputes, waiving any other jurisdiction that could be applicable. As a CONFIANZA ONLINE member company and under the terms of its Code of Ethics, the user may use the CONFIANZA ONLINE out-of-court conflict resolution system ( www.confianzaonline.es ) in the event of conflicts related to online sales and advertising, data protection, the protection of minors and accessibility.