WEBSITE ACCESS AND USAGE TERMS
1. GENERAL ASPECTS
1.1 Identifying data of the ‘Information Society Services Provider’ (FONTESTAD, S.A.)
Pursuant to section 10 of [Spanish] Act 34/2002, on Information Society and Electronic Commerce Services, you are hereby informed that FONTESTAD, S.A. (hereinafter FONTESTAD), with VAT Reg. No. ESA46224745, is the party responsible for the activities implemented on the Website www.fontestad.com, with registered offices for these effects at Ctra. CV-32 Km 9, 46136 Museros (Valencia), Spain.
If you need to contact us at any time, you may write to the address as indicated above, or call telephone number +34 961 450 655.
1.2 Acceptance and validity of these General Terms.
Both browsing and utilising this Website and/or purchasing any of the products offered herein gives you the status of User and implies full and unconditional acceptance of each and every one of the General Terms valid at the time the User accesses the Website www.fontestad.com (hereinafter “Website” or simply “Web”).
FONTESTAD may at any time without prior notice modify the present General Terms by publishing said modifications on the Website so that Users will be informed of them prior to implementing the procedure to contract products being offered on the web page.
FONTESTAD reserves the right to modify unilaterally, at any time and without prior notice, the presentation, configuration and contents of this website, as well as the terms and conditions referring to the use of this website.
Moreover, FONTESTAD reserves the right to suspend or terminate, at any time and with no prior notice, all or part of the services offered on this website.
2.1 Use of this website.
In cases where any of the services included on this website require the use of a user name (hereinafter “login”) and password (hereinafter “password”), the User undertakes to use this information with all due diligence and not to make this information available to third parties, and to inform FONTESTAD as urgently as possible in the event of loss, theft or any other circumstances involving the disclosure of this secret information.
2.2 User Obligations.
Specifically, without this implying any restriction on the obligation accepted by the user in general terms in accordance with the foregoing paragraph, the User undertakes, when using this Website, and soliciting services by means of such use, to be governed by the following terms:
(I) when registering, the User undertakes to supply truthful and veracious data and to keep said data up to date; (II) the User undertakes not to introduce, store or disseminate on or by means of the Website any information or material that is defamatory, injurious, obscene, threatening or xenophobic, or to incite or promote violence or discrimination for reasons of race, gender, ideology, religion or in any way against morals, public law and order, fundamental rights, public liberties, honour, intimacy or the image of third parties and in general all current legal precepts and regulations; (III) the User undertakes not to introduce, store or disseminate on or by means of the Website any computer programme, data, viruses, code, hardware or telecommunications media or any other electronic or physical instrument or device that is susceptible of causing damage to the Website, or to any of the services offered on the Website, or on any of the equipment, systems or networks of FONTESTAD, or of any other User, of suppliers of FONTESTAD or in general of any third party, or in any other way that would be liable to cause any kind of alteration to or prevent the normal operation of same; (IV) the User undertakes to appropriately safeguard the login and password given to him by FONTESTAD for User use, as identifying elements and tools with which to access the services offered on this Website, furthermore undertaking not to grant their use to third parties or in any way permit access to them, and shall be held liable for all damages and losses that may be derived from any inappropriate use of said identifiers. Similarly, the User undertakes to notify FONTESTAD as urgently as possible of any loss or theft of said identifiers, or of any risk of third-party access using said logins and/or passwords; (V) the User undertakes not to carry out advertising, promotional or commercial activities by means of the Website which have not been expressly authorised by FONTESTAD, or to use the contents and particularly the information obtained via the Website for sending advertising, messages for the purpose of direct sales or any other commercial use of said data, or to retrieve and store personal data belonging to third parties; (VI) the User undertakes not to utilise false or misleading identities, or to supplant the identity of others when using any of the services of the Website, including the use, if relevant, of any passwords or access codes pertaining to third parties or in any other way; (VII) the User undertakes not to destroy, alter, use as his own, disable or damage the data, information, programmes or electronic documents pertaining to FONTESTAD, its suppliers or third parties; (VIII) the User undertakes not to introduce, store or disseminate by means of the Website any content that may infringe the intellectual or industrial property rights or commercial secrets of third parties, or in general any content of which he is not the rightful or lawful owner or which he does not have the right to place at the disposal of third parties.
FONTESTAD shall only be liable for damages caused to Users as a result of using this Website when said damages are directly attributable to FONTESTAD.
The User acknowledges and accepts that the use of this Website, and the acquisition of any products or services offered on it, is made entirely at his own risk and liability.
As regards the information and contents included in this Website or to which access may be made by means of links provided on the same, FONTESTAD does not in any way guarantee that Users will be able to access said information or contents at any given time, nor their exactness, current validity or effectiveness, nor their fitness for use or for the purposes that the User may have, and shall not be held liable for any damages or losses of any nature that may be derived from their transmission, dissemination, storage, availability, reception, retrieval or access as a consequence of using the Website or any links contained therein.
FONTESTAD hereby accepts no responsibility for the inappropriate or unauthorised use of logins and passwords supplied to Users or for the lack of diligence in safeguarding them and keeping them secret at all times.
Similarly, FONTESTAD hereby accepts no responsibility for any damages or losses caused, of any nature whatsoever, including but not limited to, the following:
(I) the presence of viruses or other threatening programmes in the Website or on its pages or to which access may be made using the links established on the Website and that may cause alterations in the User’s information system, electronic documents or files; (II) interference, omissions, interruptions, failures and/or disconnections in its electronic operating system or in the devices and computer equipment of Users due to reasons beyond the control of FONTESTAD that may prevent or delay the rendering of services or browsing possibilities in the system; (III) delays or blockages in use caused by deficiencies or overloads in Internet or in any other electronic systems; (IV) any other causes produced by third parties via illegitimate access or interference beyond the control of the Website and note attributable to FONTESTAD; (V) any differences in the information, documentation and/or additional contents of the Website that may exist when compared to any other electronic or printed versions of same; (VI) the impossibility of providing service or allowing access to the Website due to causes not attributable to FONTESTAD, either caused by Users, third parties or cases of force majeure.
FONTESTAD’s liability in respect of damages or losses of any nature that may be attributable to it shall in no case exceed, as expressly herein agreed by the parties, the total amount paid by the User for access to the products offered on the Website.
2.4 Use of hyperlinks.
Internet users who wish to insert links from their own web pages to the FONTESTAD Website must comply with the terms and conditions listed below, ignorance of which shall not exempt them from any responsibilities they may have under Law.
The link may only link to the home page or start page of the Website but shall not replicate it in any way (inline links, copies of texts, graphics, etc). It shall be prohibited, pursuant to applicable current legislation at any given time, to create a border environment or frame around any content of the Website or permit viewing on the Website contents over any other Internet address different from those pertaining to the Website or when viewing other contents that do not belong to Website, and in such a manner that it must not:
(I) present misleading or false information or confusion amongst users concerning the true origin of the services or contents of the Website; (II) constitute an act of unfair comparison or imitation; (III) make use of the reputation of the FONTESTAD brand and prestige; or (IV) incur in any violation of current legislation in force.
The page containing the link shall not introduce any kind of false, inaccurate or incorrect statement concerning FONTESTAD, its management, employees, clients or about the quality of the services it provides.
In no case shall the page containing the link state or imply that FONTESTAD has given its consent to the use of said link or that it otherwise sponsors, cooperates with, verifies or supervises the services of the inserter of the link.
It is forbidden to use any brand name, graphic or mixed or otherwise, or any other distinctive identifier pertaining to FONTESTAD on the web pages of the linker except in cases as may by permitted by law or expressly authorised by FONTESTAD and always provided, in such cases, that said direct link to the Website is permitted as stipulated in this clause.
The web pages placing the link to FONTESTAD must comply with current law and shall in no case be allowed to place links or link to their own content of that of third parties who:
(I) are illicit, harmful or contrary to moral standards and good customs (pornography, incitement to violence, racism, etc); (II) induce or conceivably induce Users to believe that FONTESTAD subscribes, endorses, adheres to or in any way supports the ideas, statements or expressions, whether licit or otherwise, of the linker; (III) are inappropriate for or irrelevant to the activities of FONTESTAD in view of the location, contents or subject matter of the linking web page/s. Equally, the User shall abstain from placing or trying to place on the Website any hyperlink (or link) addressed to a web page that contains information or contents that are illicit, contrary to standard morality and generally accepted good customs or contrary to law.
2.5 Policy on Data Protection of a Personal Nature.
FONTESTAD recognises the importance of protecting the privacy of Users of this Website, and therefore implements a Personal Data Protection Policy which is defined herein so that Users can freely and voluntarily decide whether to provide FONTESTAD with the data of a personal nature that may be required or retrieved when using this Website and/or requesting any of the products or services offered herein.
FONTESTAD reserves the right to modify unilaterally at any time and without prior notice its Personal Data Protection Policy so as to adapt it to current legislation in force at any time.
Any data provided through this Website may be used by FONTESTAD for the purpose of attending to the User’s information request, complaint, claim or suggestion. In the event that data are transferred using the “Work with us” section, they may be used in accordance with the purpose or uses as expressed in that specific section. In all cases, the data may be processed for the purpose of undertaking, via any postal or electronic means, promotional and advertising activities for the fruit trade, especially the citrus fruit trade, deemed to be of interest to Users and to expand and improve the company’s products, adapting these offers to the preferences or perceived needs of Users based on a study and segmentation of personal and commercial information available to FONTESTAD using the data retrieved from web access and enabling personalised browsing of the site. This personal data file shall be the property of Website and data controller FONTESTAD, S.A.
Pursuant to Organic Act 15/1999 of 13 December, on Protection of Data of a Personal Nature, the User shall have the right to access, modify, cancel or oppose his personal data in accordance with current regulations in force governing personal data protection as indicated above, and may do so by writing to the data controller at the address indicated above and enclosing a copy of his or her National ID Card, Passport or equivalent identification document.
FONTESTAD, when making use of the data included in said file, shall undertake to respect the User’s confidentiality and use said data in accordance with the purpose of said file, and faithfully fulfil its obligation to safeguard them and adopt all such measures as required to avoid their alteration, loss, unauthorised processing or accessing, in accordance with Royal Decree 1720/2007, of 21 December, approving the regulations contained in the Organic Act 15/1999, of 13 December, Protection of Data of a Personal Nature.
The Website uses “cookies” to enable FONTESTAD to obtain a series of data from Users, such as the sections of the Website Users have visited previously, as well as the kind of products and services the Users seems to prefer.
Users who prefer to may prevent “cookies” from accessing the hard disk of their computers by configuring their browsers to notify them of the reception foa “cookie” and prevent them from being installed on the computer, in which case the Website will not operate as it is intended to do, for technical reasons.
2.6 Intellectual and Industrial Property.
The contents of the Website (hereinafter “Contents”), which include but are not limited to texts, photographs, graphics, images, icons, software, links and other audiovisual contents, as well as graphic design and source code material, are the intellectual property of FONTESTAD, S.A., or third parties who have granted FONTESTAD the right to use said materials, such as those authorised by manufacturing firms or distributors of products being placed on sale. Said contents are protected under national Spanish law and by international treaties on intellectual property rights as may be applicable.
Furthermore, all brands, marks, commercial names or distinctive identifiers of any kind appearing on the Website are the property of FONTESTAD, S.A. or third parties who have granted FONTESTAD the right to include and use said materials on the Website.
All rights to the intellectual and industrial property of this Website are legally reserved for their rightful holder, and access to them or their use by the User shall not be understood to imply in any way the granting of a licence for use or any other right to the use of any asset pertaining to FONTESTAD, S.A. or to third parties.
The total or partial reproduction by any means of the Contents, brands, trade names or distinctive identifiers of any kind as included on this Website, as well as the sale, granting, rental, distribution, public communication, transformation or any other use of any kind is totally prohibited without the express written authorisation of the copyright holder, and any infringement of this shall be pursued under civil, and if appropriate, under criminal law in accordance with national Spanish laws and application international treaties.
No links to this Website shall be made from any other website without the express prior consent of FONTESTAD, S.A.