Disclaimer

This document provides the Legal Notice regulating the Electronic Commerce Platform (www.shoppingsaboramalaga.com) (hereinafter, the "Web-Platform") that Diputación de Málaga(hereinafter, the "Diputación de Málaga") makes available to the User (hereinafter, the "Users") who access to the Web-Platform and to each virtual space assigned to the enterprises participating in the project "Program to Promote the Agri-Food Productive Sector and Retail Market through New Channels in the Province of Malaga", in order to provide them information about the products and/or services offered there.

Headquarters of Diputación de Málaga, with Fiscal CIF P2900000G, are in C/ Pacífico 54, 29004 Malaga (Spain). Should you wish to contact Diputación de Málaga regarding the Web-Platform you can do so via our e-mail address oficinasaboramalaga@malaga.es.

Using the Web-Platform by the Users implies the acceptance of all conditions contained in this Legal Notice.

Web-Platform service is provided for a period of time limited to when the User is connected to the Web-Platform or any of the services offered through it. Users must therefore read this Legal Notice carefully every time they wish to use the Web site, as both the site and its terms of use as stipulated in this Legal Notice are subject to change.

Some Web-Platform services open to the Users may be subject to specific conditions and instructions that, if necessary, may replace, complete and/or modify this Legal Notice, and must be accepted by the Users prior to the provision of relevant service.

The access and/or use of such services and contents (according to the definition set out in section 4 of this Legal Notice) expresses the complete and unconditional acceptance of the Legal Notice in the version published by Diputación de Málaga at the time that this access and/or use takes place.

The domain name under which these services are provided may be changed during the provision of services included in the Web-Platform. Therefore, the Users know and accept this possibility, remaining in full force the obligations the Users accepted according to the provisions established herein.

 

1. Conditions of Use and Contents for the Web-Platform Home

Using the Web-Platform is completely voluntary and remains under the responsibility of the User.

By accepting this Legal Notice, the User agrees to use the Web Platform the way it is established, being obliged not to use the Web-Platform for illicit purposes and/or contrary to the purposes set forth in this Legal Notice, which could damage the rights and/or the interests of others, or that could in any way damage or impede the correct operation of the Web-Platform.

In particular, the User undertakes and guarantees to use the Web-Platform in a diligent, legal, correct and lawful; and, in particular, he/she agrees without limitation not to:

(i) Use the contents and services in any way that produces or may produce opposite effects to the provisions of the General Terms and Conditions, the provisions of the applicable legislation and concerning morality and generally accepted customs or public order;

(ii) Transmit or disseminate information, data, content and, in general, any obscene, offensive, vulgar or enter criminal, slanderous, defamatory, violent or, in general, contrary to law, morality or decency generally accepted or public order;

(iii) Reproduce, copy or distribute the content, as well as to allow public access to them through any means of public communication, or to process or modify them, unless they have permission from the owner of the corresponding rights or it is legally permitted;

(iv) Perform acts that limit or impede the access and the use of the Web-Platform, under appropriate conditions, by the rest of Users;

(v) Illicitly access to the Web-Platform, third-party computer systems, programs, and spread computer viruses able to cause damages to equipment or systems and to contents of the Web Platform, regardless of the personality of their relevant owners;

(vi) Get the content provided on the Web-Platform through illicit means, fraud, theft or plagiarism thereof, in accordance with the provisions of the national Criminal Code and applicable legislation.

(vii) Violate intellectual or industrial property rights of Diputación de Málaga or others;

(viii) Use the services and the content in a way that could damage or overload the functioning of the Web-Platform, or that may pose a detriment or injury of any kind to Diputación de Málaga;

(ix) Conduct fraudulent transactions or transactions that may facilitate illegal or fraudulent conduct of any kind;

(x) Use mechanisms other than those expressly authorized or recommended in the Web-Platform to obtain information, content and services when such acquisition is possible for having been authorized or be permitted by Diputación de Málaga;

(xi) Use the contents and the services and, in particular, the information obtained through the Web-Platform with advertising purposes and, in particular, to send advertising, communications for direct sales or for any other commercial purpose, unsolicited communications both individualized or addressed to a number of people, as well as to sell or release such information without the authorization of the addressee and Diputación de Málaga; and

(xii) Misuse of the contents of the Web-Platform, or use them in a way that may damage Diputación de Málaga, refraining the User, without limitation, to modify, copy, distribute, publish, transfer and/or sell any information or relevant appearance of the Web-Platform owned by Diputación de Málaga or by third parties.

The users shall be liable for damages of any kind that Diputación de Málaga might suffer, directly or indirectly, as a result of the breach of the obligations derived from this Legal Notice or the Law regarding the use of the Web-Platform.

Diputación de Málaga reserves the right to refuse the access to the Web-Platform, without prior notice, to any User who contravenes the provisions of this Legal Notice.

 

2. Registration and Password

To enjoy the Web-Platform services and to purchase the products of the beneficiary enterprises, the User can register on the Web-Platform. The registry is voluntary, so that the data provided by the User are recorded so he/she does not need to provide them in further purchasing processes.

The request of personal data by Diputación de Málaga shall be governed by the provisions of paragraph 5 of this Legal Notice.

The password provided by the User is personal and not transferable, and the transfer of the password to third parties is not allowed, even temporarily. Therefore, the User agrees to make a diligent use and to keep the password confidential.

In the event that the User knows or suspects of loss, theft or use by third parties of his/her password, he/she must make it acknowledgeable to Diputación de Málaga at the earliest.

Each User shall be liable for costs and damages of any kind caused by the use of the services by a third party using his/her password due to careless use or loss by the User.

 

3. Hyperlinks

3.1. Links to third party sites (outbound links)

The Web-Platform may include technical linking devices, directories and even search tools that allow Users to access to other web sites (hereinafter, "Linked Sites") and, in particular, to the websites of the beneficiary enterprises.

In the event that Users consider that a Linked Site is unlawful or has inappropriate content, he/she will be able to notify Diputación de Málaga via a message to the contact address given in the first paragraph of this Legal Notice, stating:

(i) His/her name, address, telephone number and e-mail address;

(ii) A description of the facts that reveal the illegal or inappropriate nature of the Linked Site; and

(iii) An express statement that the information in the communication is accurate.

Note that under no circumstances this communication entails the obligation to remove the link, nor does the actual knowledge of the activities and/or contents indicated by the caller.

The existence of Linked Sites, except those that redirect to websites of companies benefiting catalogues showing their products via the Web Platform, under no circumstances presuppose the existence of agreements with the managers or owners thereof nor the recommendation, promotion or identification of Diputación de Málaga with demonstrations, contents or services.

Diputación de Málaga is not responsible for the damages caused by the unlawfulness, quality, unavailability, mistake or uselessness of the content, products and/or services of the Linked Sites and therefore it is not responsible for their content or any other damage that is not directly attributable to Diputación de Málaga, except in terms of this Legal Notice.

Risks arising from the consultation of such Linked Sites are sole responsibility of the Users, who must abide by the terms, conditions and legal notices of them, of which Diputación de Málaga is not equally responsible. Thus, if Users decide to visit and/or use any of the Linked Sites, he/she does so on his/her own risk and must take appropriate security measures against viruses and other damaging elements.

 

3.2. Links to the Web-Platform (inbound links)

Introduction of links to the Web-Platform by third parties from their own websites is not allowed, except with the express consent of Diputación de Málaga.

In the event that a third party is authorized to use the link to the Web-Platform, this use will be in compliance with the limitations and purposes specified in the authorization.

In this case, Diputación de Málaga can request, at any time and without providing any reason, to remove any link to the Web-Platform, after which the responsible of the website will have to immediately proceed to its elimination.

 

4. Intellectual and Industrial Property

Intellectual and industrial property rights on all the contents in the Web-Platform, understanding by this –but not restricted to– the texts, photos, graphics, pictures, icons, technology, software, links, domains, brands, commercial names, distinctive names, logos, colour combinations, the presentation, the source code of the Web-Platform, menus, browser buttons, HTML code, Java applets, and any other content in the Platform owned by Diputación de Málaga (hereinafter, the "Contents"), are exclusive property of Diputación de Málaga or of third parties whose rights are recognized by Diputación de Málaga.

Consequently, the User (but not limited to):

    i.    Will not be able to use the Web-Platform with business or commercial purposes, undertaking to respect the intellectual and industrial property rights of the Web-Platform, abstaining from copying, reproducing, distributing, making the Web-Platform content publicly available without express and written authorisation of Diputación de Málaga.

    ii.    Will not cede, reproduce, copy, transform or distribute in any form the elements, information, services or Contents;

    iii.    Will not provide or permit third parties the access to those elements, information, services and Contents by public communication;

    iv.    Will not evade, remove, change or manipulate technical protection devices of the Web-Platform or of its elements;

    v.    Will not transform or modify them;

    vi.    Will not remove, modify or manipulate, by any form, the copyright of Diputación de Málaga.

Diputación de Málaga grants no license or authorisation of use of any nature concerning its intellectual or industrial property rights or any property or right related to the Web-Platform, services or Contents.

The use of any element subject to intellectual or industrial property rights is strictly prohibited for any purpose, especially commercial, as well as its distribution, public communication, modification, alteration, transformation or decompilation, except under express and written authorisation of the holder of the rights prescribed.

Please note that the infringement of any of the rights prescribed may constitute a violation of the present provisions, as well as an act that constitutes an offence under the Spanish Criminal Code.

The User must refrain from any unlawful conduct that might violate the intellectual and industrial property rights of Diputación de Málaga or any third party referred in the Web-Platform. In case of infringement of the rights prescribed, the User shall hold the owner of the Contents and, especially, Diputación de Málaga harmless against judicial or extrajudicial actions or administrative sanctions that may produce damages.

For the above purpose, Diputación de Málaga expressly reserves the right against Users and other third parties to exert the corresponding actions in order to protect its lawful intellectual and industrial property rights.

 

5. Privacy and Personal Data Protection Policy

Any information provided by the Users on the Web-Platform will be treated according to our Privacy Policy (http://www.shoppingsaboramalaga.com/lahuertezuela/en/content/111-disclaimer), as mentioned in the corresponding section of the Web-Platform.

Users must read and accept the Privacy Policy before providing their personal information to Diputación de Málaga.

 

6. Limitation of Liability

The User expressly exonerates Diputación de Málaga from any and all responsibility for damages both direct and indirect derived from errors in the Web-Platform, and the responsibility for eventual interruption, suspension, delay or anomaly in gaining access to the same that may occur.

Diputación de Málaga undertakes to take every care to protect the Web-Platform from any virus, Trojan and other elements that may violate or damage the computer system of the User or of third parties. In any event, the User expressly exonerates Diputación de Málaga from any and all responsibility for damages both direct and indirect derived from the existence of such harmful or malicious elements.

 

7. Validity of present Conditions

The present Legal Notice shall be valid for the period of time it is published on the Web-Platform and shall be applied to the services or products acquired when such conditions were available.

In any event, Diputación de Málaga reserves the right to unilaterally modify the conditions, without affecting the services contracted by the Users prior to the modification, save in those cases in which the User has changed or modify the contracted service, in which event the conditions applied will be those in force at the moment of change and/or modification.

Any section or provision of the present Legal Notice that is or that may become illegal, invalid or unenforceable shall be excluded and shall be considered inapplicable in which such illegality, invalidity or unenforceability is reached, and shall be replaced by another one as close as possible to the previous one, but the remaining provisions shall not be affected and shall remain on the margins of any illegal, invalid or unenforceable clause or provision and, conversely, shall remain in full force and effect.

Diputación de Málaga does not make any guarantee, and thus, is exempt from all liability as may be attributed to the terms previously expressed, as well as to other aspects not covered by the present Legal Notice.

 

8. Applicable Law and Jurisdiction

The relationship between the Users and Diputación de Málaga shall be governed by Spanish law in force and any controversy shall be subject to the Courts with jurisdiction at the address of the User.