These general conditions (hereinafter, the “General Conditions”) regulate access and use of the Internet website www.walkintech.com, as well as the different webpages comprising it (hereinafter, the “website”) that ZAHONERO VIRIGILI, S.L. (hereinafter “ZAHONERO”) makes available to the user (hereinafter, the “user“).
The use of this Website means that the User fully accepts all the General Terms in force at all times when the User accesses the Website. Thus, if the User does not agree with any of the conditions established herein, they must abstain from using this Website.
ZAHONERO reserves the right to modify, without prior warning and at any time, these General Terms, as well as their configuration, location and any other general or particular terms, rules for use, instructions or warnings applicable. Moreover, ZAHONERO reserves the right to suspend, interrupt or cease operating the Website at any time.
Through the website, ZAHONERO provides Users, for informational purposes that are not comprehensive, information, data, logos, marks, distinctive signs, works, photographic images (hereinafter, the “Contents“), which authorized Users may only access and use under the terms set forth in these General Conditions.
- CONDITIONS FOR ACCESSING AND USING THE WEBSITE
- Accessing and using the Website
ZAHONERO requires that its Users make responsible and legal use of the Website and the Contents displayed on it.
The User acknowledges that they are older than eighteen (18) and agrees that he or she is accessing and using the Website and/or the Contents on its freely and knowingly, at his or her own liability.
Accessing the Website and/or the Contents on it does not entail any sort of guarantee regarding the Website and/or the Contents on it, since they are merely for illustrative purposes. As such, no guarantee is offered as to their suitability for individual or specific purposes that Users may expect or assume. Technical information that may be provided may vary according to the modifications that ZAHONERO, as manufacturer, deems appropriate.
ZAHONERO may establish additional limitations and/or terms to use and/or access the Website and/or its Contents, which must be followed by Users under all circumstances.
- User obligations in using the Website and its Contents
The User undertakes to comply with these General Terms, as well as with special warnings or instructions contained on the Website, and to always follow the law, good practices and requirements of public order and good faith, with the utmost attention and diligence, bearing in mind the nature and compensation for the service he/she is enjoying. To this end, the User shall abstain from using the Website in any way could impede, obstruct, harm or damage its normal operation, the assets or rights of ZAHONERO, its suppliers, other Users, or in general, any other third party.
Specifically, and merely for illustrative purposes, without this restricting in any way the obligation taken by the User, in general and pursuant to the paragraph above, the User undertakes to not use the Website:
- To enter or share on or from the Website, any information or material that is defamatory, harmful, obscene, threatening, xenophobic, pornographic, that advocates terrorism, that incites to violence or discrimination based on race, sex, ideology, religion or that in any way goes against decency, public order, Fundamental Rights and Public Freedoms, honor, privacy or the image of third parties, and in general, regulations in force.
- To enter, store or spread any computer program, data, virus, code or any other electronic or physical instrument or device through the Website that could cause harm to the Website, to any of the services, or any of the equipment, systems or networks owned by ZAHONERO, by any User, or in general, by any third party, that could cause any sort of alteration or prevent their proper operation.
- To obstruct third-party access to the Website.
- To conduct spamming, advertising, promotional or sales exploitation activities with the Website. Thus, the Contents and in particular, the information obtained through the Website shall not be used to send advertising, to send messages for direct-sales purposes or for any other commercial purpose, nor to collect or store personal data.
- To destroy, alter, render useless or harm the data, information, programs or electronic documents owned by ZAHONERO shown on or included in the Website.
- To enter or share any content through the Website that violates intellectual or industrial property regulations or third-party rights, or in general, any content the Law does not entitle the User to provide to third parties.
- Entering and using links
A link, such as hypertext, banners, buttons, directories and any other search tool, meaning technology that connects two websites or two webpages (hereinafter, the “Link“) may be used both by Users to establish a connection between his or her website and the Website, and by ZAHONERO to provide Users with access to websites other than the Website. Notwithstanding, these links must follow the terms set forth below.
- Links added by Users
Users who wish to establish a Link between their website and the Website must comply with the obligations below:
- Before establishing a link on a website other than this Website, ZAHONERO’S express prior written authorization is required.
- The Link shall only provide access to the website, it being prohibited to link to end pages or the frame, or to create any border environments. Said access shall not allow reproduction of the Website in any way.
- No false, inexact or incorrect statements regarding the Website shall be made.
- No explicit or implicit statement shall be made that ZAHONERO has supervised or accepted the contents, products or services offered or announced on the linked website.
- The website where the link is established shall not contain any mark, commercial name, establishment sign, denomination, logotype, slogan or other distinctive signs or intangible assets belonging to ZAHONERO and/or to third parties without their express prior written consent.
- The website where the link is established shall not contain illegal information or contents that are contrary to morals and generally accepted good practices and the public order, nor shall it contain any content contravening any third-party rights.
- Use of third-party links on the Website
The sole purpose of ZAHONERO installing third-party links is to provide Users with access to information offered by third parties, and does not entail that ZAHONERO promotes, endorses, guarantees or recommends third-party websites. The links included on the ZAHONERO Website are only offered as informational references, with no rating or guarantee as to their content, ownership, services or products they offer. Furthermore, ZAHONERO shall not be held liable for their suitability, correctness and operation.
Users must be prudent in assessing and using said Links. ZAHONERO is entirely exempt from all liability regarding the information, data, files, products, services and any kind of material or intangible assets existing on the pages to which said links provide access.
- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All contents shown on the Website, and including, but not limited to, designs, photographs, texts, graphics, logos, marks, signs and any other intangible assets protected by industrial and intellectual property regulations are subject to ZAHONERO’S industrial and intellectual property rights, or those belonging to their owners who have duly authorized ZAHONERO to include them on the Website.
Under no circumstances shall it be understood that any license has been granted, or that said rights have been totally or partially waived, transferred or granted, nor is any exploitation right to said assets granted, unless expressly established beforehand in writing by ZAHONERO or by the owners of the pertinent rights.
ZAHONERO authorizes Users to use, view, print, download and store free Contents and/or the elements inserted on the Website when this is expressly stated; provided that, and in all circumstances, the source and/or author is cited, and if applicable, the copyright symbol and/or industrial property notes of the owners are included. Barring the terms set forth above, it is strictly forbidden to exploit said assets (reproduction, sharing, distribution, transformation, etc.). Consequently, prior written consent from the owner of the rights in question shall be required for any use other than the uses expressly permitted.
- EXCLUSION OF GUARANTEES AND LIABILITY
- Exclusion of guarantees and liability for Website operation
ZAHONERO does not guarantee the availability and continuity of Website operation and of the services or Contents offered therein, nor that the existing content on the Website is updated. It is exempt from all liability for harm and damages of any nature that may arise as a result of said circumstances.
Barring circumstances that make doing so impossible or difficult to execute, and as soon as it is made aware of the errors, disconnections and/or failure to update contents, ZAHONERO shall conduct all tasks oriented toward remedying the errors, reestablishing communication and/or updating the aforementioned contents.
Moreover, ZAHONERO does not guarantee the technical reliability of the Website nor access to its different pages and is exempt from all liability from harm and damages of any nature that may arise as a result of said circumstances.
Additionally, ZAHONERO shall not be held liable for possible security errors or deficiencies that may arise as a result of the User using a non-updated or insecure version of a browser regarding the damages, errors or inaccuracies that may arise as a result of the browser’s improper operation.
In order to minimize the risk of introducing a virus on the Website, ZAHONERO uses virus detection programs to check all Contents added to the Website. Notwithstanding, ZAHONERO does not guarantee the absence of viruses or other elements on the Website added by third parties other than ZAHONERO that may alter the users’ systems, or electronic documents and files stored on their systems. Consequently, under no circumstances shall ZAHONERO be held liable for any harm or damages or any sort that may arise due to the presence of viruses or other elements that may alter systems, documents or files belonging to Users.
ZAHONERO takes different protective measures to protect the Website, the data collected and the Contents against third-party attacks, based on existing techniques.
- Exclusion of guarantees and liability related to the use of third-party links on the Website
ZAHONERO verifies the content on the webpages it links to at the moment when the link to said pages is established. ZAHONERO includes this link on the Website at that moment with the belief, in good faith, that said content complies with applicable law. Notwithstanding, under no circumstances shall ZAHONERO be held liable, nor does it approve, nor does it claim ownership over the products, services, contents, information, data, archives and any kind of material on third-party webpages, and it does not control and shall not be held liable, nor does it approve or claim ownership over successive modifications to said materials. If it deems doing so suitable, or if it is required to do so by legal or administrative order, ZAHONERO shall delete links to websites that violate applicable law and/or violate the rights of third parties.
- ACTIONS IN THE EVENT OF FAILURE TO COMPLY
ZAHONERO reserves the right to exercise all legal actions available to enforce liabilities arising as a result of the user’s failure to comply with any of the stipulations in these General Terms of the Website.
- PARTIAL ANNULMENT
Declaring any of the clauses in these General Conditions as null, invalid or void shall not affect the validity or efficacy of the remaining clauses, which shall remain binding between the parties. If any of the parties waives, at any time, the right to enforce compliance with any of the general conditions stipulated here within, this does not imply generally waiving compliance with another condition or conditions, nor does it constitute a right acquired by the other party.
- APPLICABLE LAW AND JURISDICTION
These General Terms are governed by Spanish legislation.
For any controversy arising as a result of the terms for use and access to this Website contained in this document of General Terms for the Website, the parties submit, expressly waiving any other jurisdiction that may apply to them, unless legally obligated otherwise, to the Courts of and Tribunals of the City of Alicante.
Alicante, 6 February 2019