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Legal notice

 

LEGAL NOTICE

General Information

In compliance with the provisions of Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, the general information relating to this website is provided below:

Owner: EMOLO FEEL, SL

Tax ID (CIF): B-73984734

Address: Ctra. Madrid-Cartagena, 26, 30120 El Palmar (Murcia), Spain

Contact: info@emolo.es

Company Registration Details: Murcia Commercial Registry, Volume 3291, Folio 185, Section 8, Sheet MU-95895, Entry 1

I.- Users

Access to and/or use of this website confers the status of User upon the person accessing or using it, who, from that moment, fully and unreservedly accepts these General Terms and Conditions, as well as any Specific Terms and Conditions that may, where applicable, supplement, modify or replace the General Terms and Conditions in relation to certain services and content of the Website.

II.- Use of the Website, Its Services and Content

The User undertakes to use the Website and its services and content without contravening applicable legislation, good faith, generally accepted practices or public order. Furthermore, the use of the Website for unlawful purposes or purposes that may cause harm to EMOLO FEEL, SL or any third party, or that may in any way damage or prevent the normal operation of the Website, is prohibited.

With regard to the content (information, texts, graphics, sound and/or image files, photographs, designs, etc.), the following is prohibited:

  • Its reproduction, distribution or modification, unless authorised by the legitimate rights holders or otherwise legally permitted.

  • Any infringement of the rights of EMOLO FEEL, SL or the legitimate rights holders thereof.

  • Its use for any commercial or advertising purposes other than those strictly permitted.

  • Any attempt to obtain Website content by means other than those made available to Users or those normally used on the Internet, provided that such means do not cause any damage to the EMOLO FEEL, SL Website.

III.- User Liability for Damages

Use of the Website shall be carried out under the sole and exclusive responsibility of the User. Such responsibility shall extend to the use, by the User or any third party, of any password or similar credentials assigned for access to the Website or any of its services.

Notwithstanding the foregoing, EMOLO FEEL, SL reserves the right to deny access to the Website at any time and without prior notice to Users who fail to comply with these General Terms and Conditions or any Specific Terms and Conditions applicable in each case.

IV.- Unilateral Modification

EMOLO FEEL, SL may, whenever it deems appropriate, unilaterally and without prior notice modify the structure and design of the Website, as well as modify or remove its services, content and conditions of access and/or use.

V.- Hyperlinks

Individuals or entities that intend to create or do create a hyperlink from a website on another Internet portal to any of the pages of the EMOLO FEEL, SL Website must comply with the following conditions:

  • The total or partial reproduction of any of the services or content of the EMOLO FEEL, SL Website is not permitted.

  • Deep links, IMG or image links, or frames involving pages of the EMOLO FEEL, SL Website may not be established without the prior express authorisation of EMOLO FEEL, SL.

  • No false, inaccurate or incorrect statements may be made regarding the pages of the EMOLO FEEL, SL Website or its services or content.

  • Except for signs forming part of the hyperlink itself, the website on which the hyperlink is established may not contain any trademark, trade name, establishment sign, business name, logo, slogan or other distinctive sign belonging to EMOLO FEEL, SL without its express authorisation.

  • The establishment of a hyperlink shall not imply the existence of any relationship between EMOLO FEEL, SL and the owner of the website or portal from which the hyperlink is created, nor shall it imply EMOLO FEEL, SL's knowledge or acceptance of the services and content offered on such website or portal.

  • EMOLO FEEL, SL shall not be liable for the content or services made available to the public on the website or portal from which the hyperlink is created, nor for the information or statements contained therein.

  • Any hyperlink to the EMOLO FEEL, SL Website shall link to its home page or the main pages of the sections contained therein.

The EMOLO FEEL, SL Website provides Users with connections and links to other websites managed and controlled by third parties. The sole purpose of these links is to facilitate Users' search for information, content and services on the Internet, and under no circumstances shall they be considered a suggestion, recommendation or invitation to visit such websites. EMOLO FEEL, SL does not market, direct, exercise prior control over or assume ownership of the content, services, information and statements available on such websites.

EMOLO FEEL, SL accepts no liability whatsoever, including indirect or subsidiary liability, for damages of any kind that may arise from the access, maintenance, use, quality, legality, reliability or usefulness of the content, information, communications, opinions, statements, products and services existing on or offered by websites not managed by EMOLO FEEL, SL and accessible through the Website.

VI.- Protection of Personal Data

VI.1.- Privacy Policy

EMOLO FEEL, SL may collect personal data and information from Users through various forms on the Website for storage and/or use in connection with the relevant User. The data provided by Users shall be incorporated into an automated file owned by EMOLO FEEL, SL (hereinafter, the “Data Controller”).

In each form through which personal data is collected, the User shall receive detailed information from the Data Controller regarding the processing of such data, its purpose, the use of the data, whether responses are mandatory or optional, the consequences of refusing to provide such data and, in general, all information required under applicable personal data protection legislation. In all cases, this information must be expressly accepted by the User.

The Data Controller undertakes to process Users' personal data in accordance with applicable legislation and, in particular:

  • To treat as confidential any personal data of the User to which it has access as a result of the User's browsing of the Website. However, the Data Controller may disclose personal data and any other User information when required to do so by public authorities in the legitimate exercise of their functions and in accordance with applicable provisions.

  • To adopt the necessary technical and organisational security measures to prevent the alteration, loss, unauthorised processing of or access to such data. Notwithstanding the foregoing, due to current Internet security conditions, the Data Controller cannot guarantee that Users' information will not be unlawfully used by third parties. Consequently, EMOLO FEEL, SL does not guarantee and accepts no liability for damages of any nature that may arise from the alteration, loss, unauthorised processing of or access to, or unlawful use of Users' information by third parties.

The User undertakes to keep the data provided to the Data Controller duly updated. The User shall be liable for any damages suffered by EMOLO FEEL, SL and/or third parties as a result of false, inaccurate, outdated or inauthentic information provided by the User.

In accordance with Spanish Law 15/1999 on Personal Data Protection, once consent has been obtained through the corresponding form on the Website, the User's data shall become part of a file for which EMOLO FEEL, SL is responsible. Such data shall be treated confidentially and used for the management of contractual relationships and for sending commercial offers and advertising materials.

VII.- Use of Cookie Technology

Description

Cookies are a tool used by web servers to store and retrieve information about their visitors. A cookie is simply a text file that certain servers ask our browser to write to our hard drive, containing information about what we have been doing on their pages.

Cookies have an expiry date, which may range from the duration of the session to a specified future date, after which they cease to operate.

For further information, please visit the website of the Department of Information Processing and Coding of the Spanish National Research Council (CSIC).

Cookies Used on the Website

In order to provide a better service, a “cookie” may occasionally be used. Cookies are small pieces of information that make it possible to track your navigation through the service for possible subsequent use. Cookies do not contain information that would allow anyone to contact you by telephone, email or postal mail. Users may configure their browser to notify them when cookies are being set or to prevent cookies from being set.

VIII.- Disclaimer of Warranties and Liability

EMOLO FEEL, SL provides no warranties and shall under no circumstances be liable for damages of any nature arising from:

  • The lack of availability, maintenance or effective operation of the Website and/or its services or content.

  • The lack of usefulness, suitability or validity of the Website and/or its services or content for meeting Users' specific needs, activities, results or expectations.

  • The presence of viruses, malicious programs or harmful content.

  • The receipt, obtaining, storage, dissemination or transmission of content by Users.

  • The unlawful, negligent or fraudulent use of the Website, its services or content, or use contrary to these General Terms and Conditions, good faith, generally accepted practices or public order.

  • The lack of legality, quality, reliability, usefulness or availability of services provided by third parties and made available to Users through the Website.

  • The failure of third parties to fulfil their obligations or commitments in connection with services provided to Users through the Website.

IX.- Duration

The provision of the Website and its services is of indefinite duration.

Notwithstanding the foregoing, EMOLO FEEL, SL reserves the right to interrupt, suspend or terminate the provision of the Website or any of the services comprising it, under the same terms set out in Section IV.

X.- Intellectual Property

All content on the Website, including, by way of example and without limitation, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio content, as well as its graphic design and source code (hereinafter, the “Content”), is the intellectual property of EMOLO FEEL, SL or third parties. No exploitation rights relating thereto shall be deemed to have been transferred to the User beyond those strictly necessary for the proper use of the Website.

The trademarks, trade names and distinctive signs are owned by EMOLO FEEL, SL or third parties, and access to the Website shall not be construed as granting any rights over such trademarks, trade names and/or distinctive signs.

For the purpose of safeguarding intellectual property rights, if any User or third party considers that their legitimate rights have been infringed by the inclusion of certain content on the Website, they must notify EMOLO FEEL, SL, indicating:

  • The personal details of the interested party who owns the rights allegedly infringed. If the claim is submitted by a third party other than the interested party, they must indicate the capacity in which they are acting.

  • Identification of the content protected by intellectual property rights and its location on the Website.

  • Evidence of the aforementioned intellectual property rights.

  • An express declaration whereby the interested party accepts responsibility for the accuracy of the information provided in the notification.

XI.- Applicable Law and Jurisdiction

These General Terms and Conditions shall be governed by Spanish law.

EMOLO FEEL, SL and the User, expressly waiving any other jurisdiction to which they may be entitled, submit to the jurisdiction of the Courts and Tribunals of Murcia for any matters or actions that may arise from the provision of the Website and its services and content, as well as from the interpretation, application, performance or breach of the provisions herein.