GENERAL CONDITIONS

This website is owned by HEVALIA & Etor Hernández, 16065719B and registered office at Paseo Landabarri 1, 307, 48940 Leioa, Vizcaya, Spain.

Please read the following general conditions carefully, access to the Website and the use of its contents and services imply full and unreserved adherence to the conditions set forth. If the user decides not to accept the current conditions, they must refrain from accessing the Website and/or using the contents and/or services available on it.

PURPOSE OF THE CONDITIONS

The purpose of these Conditions is to regulate the access and use of web pages under the domain of hevalia.com and its respective subdomains and/or subdirectories (that is, the Website). For the purposes of these General Conditions, the Website will be understood as:

  1. The external appearance (or “look and feel”) of screen interfaces, both statically and dynamically.
  2. The elements integrated both in the screen interfaces and in the navigation tree, including, by way of example and not limitation, those texts, images, interpretations, photographs, videos and in general, all those creations and objects expressed by any means or support , currently known or to be invented in the future, whether or not they are protected by the current legal system in terms of intellectual or industrial property or by any other similar legal systems (the “Contents”), and all those services or resources in line that, where appropriate, is offered to users (the “Applications”).

HEVALIA, hereinafter HEVALIA, reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and the Content and Services incorporated therein. The user acknowledges and accepts that at any time HEVALIA may interrupt, deactivate and/or cancel any of the Content and/or Services that are integrated into the Website.

ACCESS TO CONTENT AND SERVICES

To access the Website, the user must:

  1. Have access to the Internet, either directly or indirectly through access devices.
  2. Have the computer equipment and systems necessary to connect to the Network, including a terminal that is suitable for this purpose (computer, telephone, etc.) and a modem or other similar or similar access device. For the correct access, visualization and implementation of certain Contents and Services of the Website, the user may need to download certain computer programs or other logical elements to their computer equipment. Said installation will be the responsibility of the user, HEVALIA declining any type of responsibility that may derive from it. The user undertakes not to access the Contents and/or Services of the Website by means other than the screen interface that HEVALIA provides to access them.

REGISTRATION

HEVALIA may require the sending of a registration form for access to certain Contents and/or Services. The user, in such a case, must provide the requested information. In relation to the registration process, the user undertakes to: 1. provide truthful, exact and complete data about their identity and 2. update the registration data so that they continue to be true, exact and complete. The user may not choose as username or password words and/or expressions that, in general, are contrary to the law or to the requirements of morality and generally accepted good customs and, in general, words and/or expressions about which bears any right that excludes the use by the user of the same. To this end, the user may not select words or expressions that are offensive, insulting, slanderous, identical, similar or in any way coincident with distinctive signs, company names, as well as names, surnames, stage names and/or pseudonyms of third parties. people. If the user provides any false, inaccurate or incomplete information, or if HEVALIA has sufficient reason to suspect that said information is false, inaccurate or incomplete, or is contrary to the law or to the requirements of morality and generally accepted good customs, In accordance with what is established in the previous paragraph, HEVALIA will have the right to cancel the registration and deny access and use, present or future, of the Website or any of the Contents and/or Services incorporated in it. The user undertakes to make diligent use of his username and password, as well as to keep both secret. It will be the exclusive responsibility of the user to maintain the confidentiality of his username and password, personally assuming any activities that are carried out or that take place through the use of them. The user may cancel and deactivate their registration at any time using their username and password. The user acknowledges and accepts that HEVALIA reserves the right to cancel those inactive registrations for an unreasonable period of time.

RULES OF USE OF THE SITE

The user undertakes to use the Website and the Contents and/or Services incorporated therein diligently and correctly. Likewise, the user agrees not to use the Website:

  1. for carrying out activities contrary to the law, morality, accepted good customs or established public order and
  2. for purposes or effects that are illicit, prohibited or harmful to the rights and interests of third parties, and HEVALIA declines any responsibility that may arise from the foregoing.

It is expressly prohibited for the user to authorize third parties to use, in whole or in part, the Website or to introduce and/or incorporate the Content and/or Services incorporated therein as, or in, their own business activity. The use or application of any technical, logical or technological resources by virtue of which users may benefit, directly or indirectly, with or without profit, from the unauthorized exploitation of the Contents and/or Services or the Site is expressly prohibited. website itself.

The user undertakes not to damage, disable or deteriorate the computer equipment and systems or telecommunications equipment of HEVALIA or any third party, nor the contents incorporated and/or stored in them.

The user undertakes to refrain from using the Content and Services in any way that may damage, disable, overload or deteriorate the Website or prevent the normal use or enjoyment of it by other users. The user undertakes not to modify the equipment and systems of HEVALIA in any way, nor to use modified versions of equipment and systems in order to obtain unauthorized access to any Service and/or Content of the Website. The user undertakes not to interfere or interrupt the access and use of the Website, servers or networks connected to it, or fail to comply with the requirements, procedures and regulations of the network connection policy.

WEBSITE CONTENT AND SERVICES

Information

  1. The user knows and accepts that any data related to HEVALIA of an economic-financial, strategic or any other nature (hereinafter, “Corporate Information”) is carried out for informational purposes only.
  2. The Corporate Information has been obtained from reliable sources, but, despite having taken reasonable measures to ensure that said Information is not erroneous or misleading, HEVALIA does not represent or guarantee that it is accurate, complete or up-to-date, and it should not be relied upon. as if it were.
  3. The Corporate Information contained on the Website does not imply any kind of recommendation or advice of any kind, and nothing that is included in it should be taken as a basis for carrying out operations or making decisions of any kind.
  4. The Website may include information or content provided by sources other than HEVALIA, including the Website users themselves. HEVALIA does not guarantee, nor does it assume any responsibility for the certainty, integrity, accuracy of such information and/or content, including those cases in which there are defamatory, offensive or illegal elements.
  5. In any case, and without prejudice to the foregoing, the referral by third parties of information and/or content to the public access sections of this Website through email or any other means, will imply the granting in favor of HEVALIA of a non-exclusive, unlimited time, worldwide and free license to reproduce, store, edit, modify, publish, incorporate in databases, publicly communicate, transmit, display, distribute, represent, or in any otherwise commercially exploit, in whole or in part, such information or content owned by the user on the Website in any way or through any means or technology. HEVALIA reserves the right, at its sole discretion, to edit, reject or eliminate the aforementioned information and/or content. All this with the applicable limitations in accordance with the regulations on Data Protection.
  6. The user acknowledges and accepts that HEVALIA may keep and disclose the information that it stores or makes available to third parties on the Website as long as it is:
    • required for it by the competent authorities and organisms;
    • necessary to enforce the General Conditions and/or Particular Conditions;
    • convenient or necessary to answer claims related to violations or infringements of rights; or
    • convenient or necessary to protect the legitimate interests of HEVALIA, its users and the general public.

CONTENT AND SERVICES OUTSIDE THE WEBSITE

The HEVALIA Website can make available to users technical link devices and directories that allow them to access web pages belonging to and/or managed by third parties. The installation of these links and search directories on the Website has the sole purpose of facilitating the search and access to information, content and services available on the Internet for users.

The establishment of the link does not necessarily imply the existence of relations between HEVALIA and the owner of the web page in which it is established, nor does it imply the acceptance and approval by HEVALIA of its Contents or Services.

Unless expressly stated otherwise, HEVALIA does not offer or market the information, Content and/or Services available on the linked pages by itself or through third parties, nor does it previously control, approve or monitor them, nor does it make them its own.

The user, therefore, must exercise extreme caution in the assessment and use of the information, content and services on the linked pages. Because HEVALIA has no control over the pages linked through the links that are incorporated into the Website, the user acknowledges and accepts that HEVALIA does not assume any responsibility for the content or for the services that the user can access in said pages or for any products that are marketed on them.

GUARANTEES AND LIABILITY

Unless the Law expressly determines otherwise, or express indication to the contrary, the user expressly acknowledges and accepts that HEVALIA does not grant any guarantee of any nature, whether express or implicit, on the Website, or the Contents and Services contained therein. incorporate, including, by way of example and not limitation:

  1. The availability and continuity of the operation of the Website and, in particular, although not exclusively, that the users can effectively use the Website, the Contents and the Services, or subdomains.
  2. The levels of quality, interoperability and functionality of the Website, as well as the Services and/or Contents that it incorporates.
  3. The interruption, suspension or cancellation of access to the Website and the Contents and/or Services that it incorporates.
  4. The suitability for a particular purpose of the Website and the Services or Content incorporated therein.
  5. The certainty, integrity, accuracy and/or updating of the Contents, Services, texts, graphics, links or any other elements included in the Website, as well as the results that may be obtained from accessing and/or using this website or its its contents.
  6. HEVALIA expressly declines any responsibility for errors or omissions in the information contained in the pages of this Website, as well as for the lack of veracity, accuracy, completeness, relevance and/or timeliness of the Contents.
  7. Unauthorized access and alteration of the data stored and transmitted through the Website or the services offered in this regard.
  8. The absence of viruses or other elements in the content that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system. The user is aware of, and voluntarily accepts, that the use of the Website, the Services and the Contents takes place, in any case, under their responsibility, for which they will adopt all those measures that are necessary for the purpose of minimizing the risks, including the adoption of the necessary security measures to guarantee antivirus and data recovery procedures. Thus, unless the law expressly imposes the contrary and exclusively to the extent and extent to which it is imposed, HEVALIA does not guarantee or assume any responsibility regarding the access and use of the Website or the Contents and/or Services that are contained therein.

OVERWHELMING FORCE

Notwithstanding the foregoing, HEVALIA will not be responsible for delays or failures that occur in the access, operation and operation of the Website, its Contents and/or Services, nor for interruptions, suspensions or malfunctions thereof, when they have their origin in failures caused by natural catastrophes such as earthquakes, floods, lightning or fires, situations of force majeure, situations of extreme urgency such as wars, military operations, civil disturbances, strikes, lockouts or any other situation of force majeure or fortuitous cause.

PERSONAL DATA

General conditions

To use or have access to certain Services and/or Content, HEVALIA may require users to complete certain registration forms that necessarily imply the provision of certain personal data.

HEVALIA undertakes to treat the personal data of the user in accordance with the provisions of current legislation on the matter. Specifically, it undertakes to apply the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016.

For more information about the processing of your personal data on the website, go to the Privacy Policy.

HEVALIA has adopted and will adopt all technical and organizational security measures that are mandatory in accordance with the provisions of current legislation and existing quality standards in the sector, in order to guarantee maximum security and confidentiality of communications.

Notwithstanding the foregoing, the user acknowledges and accepts that security measures on the Internet are not impregnable. The networks used on the Internet are not secure and any communication sent through this means can be intercepted or modified by unauthorized persons. Notwithstanding the foregoing, HEVALIA warns that the current state of the art does not guarantee the non-infringement of security systems or the inviolability of communications when these are transported through any telecommunications networks. Thus, HEVALIA cannot guarantee the full privacy and security of the use of the Website and the Contents and/or Services and, in particular, that unauthorized third parties may not have knowledge of the class, conditions, characteristics and circumstances of use. that the users make of the Website and the Contents and/or Services.

INTELLECTUAL, INDUSTRIAL PROPERTY RIGHTS AND OTHER RIGHTS

Applicable legislation

This Website, as well as the Contents and elements that are integrated in it, are the property of HEVALIA, being protected, without any limitation, by the laws of intellectual and industrial property of the Spanish State and by the international Treaties and Agreements that could be applicable.

Property

HEVALIA is the exclusive owner of all property rights: intellectual, industrial and any other that may fall on the Website; Likewise, all rights over any Content, Services or elements of its property that are incorporated into the Website are reserved, including, by way of example and not limitation:

  1. those elements that make up the visual appearance, graphic image and other sensory stimuli of the web pages that make up the Website;
  2. navigation architecture;
  3. the source codes of web pages;
  4. Photographs,
  5. recordings,
  6. documents or publications
  7. website
  8. technology,
  9. logos and
  10. distinctive signs.

All of this, as a whole, will be referred to hereinafter as the “Property”.

Third Party Property

The user acknowledges and accepts that content and services owned by third parties whose rights are protected by the applicable legislation on intellectual and industrial property, exploitation rights of the commercial and advertising value of the image and others are accessible on the Website. analogous rights, as the case may be.

Reservation of Rights

The user undertakes not to withdraw, delete, alter, manipulate or in any way modify: Those notes, legends, indications or symbols that HEVALIA or the legitimate owners of the rights incorporate into their properties in terms of intellectual or industrial property ( such as copyright, ©, ® and ™, etc.).

PROPERTY LICENSES

The user acknowledges that by virtue of these General Conditions, HEVALIA does not assign or transfer to the user any right over its Property. HEVALIA only authorizes the user to access and use them in accordance with the terms indicated in these Conditions. HEVALIA authorizes users to access and browse the Website, using the Services and viewing the Contents included therein. Users are not authorized to copy, distribute (including emails and the Internet), transmit, communicate, modify, alter, transform, transfer or, in any other way, carry out activities that entail the commercial use of the Website, its pages, contents or elements that comprise it, either partially or totally, without the express consent, granted in writing, of the legitimate owner of the exploitation rights.

The access, visualization and, where appropriate, download of the Contents and/or Services will always and in any case be carried out for strictly personal and non-commercial purposes. HEVALIA reserves all rights to the Property including, by way of example and not limitation, all the intellectual and industrial property rights it holds over them. HEVALIA does not grant any other license or authorization of use to the user of its Property other than that expressly detailed in this clause.

LINKS LICENSE

Any act of establishing a link between a web page and the Website or any other link claim will require the prior written acceptance of HEVALIA.

TERMINATION OF LICENSES

HEVALIA reserves the right to terminate or modify at any time and for any reason, the licenses granted under these General Conditions. Notwithstanding the foregoing, HEVALIA may take legal action against any use by the user that:

  1. is not in accordance with the terms and conditions specified herein;
  2. infringes or violates the intellectual and industrial property rights or other analogous rights of HEVALIA or of any other legitimate third party owner;
  3. or violate any applicable regulations.

The user shall be obliged to immediately modify or remove any HEVALIA Property from their website, or remove any link to the Website, when HEVALIA so requires.

INFRINGEMENT NOTIFICATION PROCEDURE

In the event that any user or third party considers that there are facts or circumstances that reveal the illicit nature of the use of any content and/or service, or the performance of any illicit activity on the web pages included in the Website , or through the Services provided, you may contact HEVALIA at the registered office indicated above, providing the following information:

  1. The name, surnames, national identity document, address, telephone number and email address of the claimant, as well as, where appropriate, the signature of the owner of the allegedly infringed rights or, where appropriate, of the person authorized to act in his name and representation.
  2. Determine the alleged illicit activity and, in particular, in the case of an alleged violation of intellectual or industrial property rights, a precise and specific description of the protected content as well as its exact location.

VALIDITY OF THE GENERAL CONDITIONS AND THEIR MODIFICATION

The legal relationship derived from the access and use of the Website, as well as the Contents and Services incorporated therein, has an indefinite duration. Likewise, any of the parties may terminate or suspend this contractual relationship unilaterally at any time and with no other cause than their will in that regard. Notwithstanding the foregoing, said relationship will be terminated immediately when HEVALIA publishes new General Conditions. The access and use of the Website will imply the full adhesion and acceptance of the new conditions and, consequently, the beginning of a new legal relationship. HEVALIA reserves the right to modify, at any time, and without prior notice, these General Conditions.

ASSIGNMENT TO THIRD PARTIES

The user may not assign, transfer, encumber or subrogate in favor of third parties the rights and obligations established in these General Conditions. HEVALIA may assign, transfer, encumber or subrogate in favor of third parties, totally or partially, the rights and obligations assumed by virtue of the contractual relationship set forth herein, as well as the contractual position to any third party, understood by means of this clause that the user grants sufficient authorization for this purpose.

APPLICABLE LAW AND COMPETENT JURISDICTION

The Website is operated and controlled by HEVALIA from its offices in Spain. Consequently, all issues that may arise from the access and/or use thereof will be understood to be regulated and interpreted in accordance with Spanish law. In the event that the user is domiciled outside of Spain, HEVALIA and the user submit, expressly waiving any other jurisdiction, to the competent Courts and Tribunals.

NOTIFICATIONS

Unless otherwise indicated, all notifications, requirements, agreements, consents, acceptances, approvals or communications that are necessary in accordance with the provisions of these General Conditions or that, in one way or another, are related to it, must be embodied in writing, and sent to HEVALIA by mail to the company’s registered office.