Legal notice
El sitio web www.viagro.es (en adelante, el “Sitio Web”) es propiedad de VIAGRO, S.A. (en adelante, la “EMPRESA”), con domicilio social en: Carretera Viator-La Cañada s/n, Paraje Haza Tableada, 04120 - La Cañada (ALMERIA) y CIF A04016952. Inscrito en el Registro Mercantil de Almería, Folio 185, S 3ª, Hoja AL-1126 e Inscripción 1ª.
La EMPRESA le da la bienvenida y le invita a leer atentamente las Condiciones Generales de Uso de este Sito Web (en adelante, las “Condiciones Generales de Uso”) que describen los términos y condiciones que serán aplicables a su navegación por el mismo, de conformidad con lo establecido en la normativa española de aplicación. Dado que la EMPRESA podría modificar en el futuro estas Condiciones de Uso, le recomendamos que las visite periódicamente para estar debidamente informado de los cambios realizados.
Con el ánimo de que el uso del Sitio Web se ajuste a criterios de transparencia, claridad y sencillez, la EMPRESA informa al Usuario que cualquier sugerencia, duda o consulta sobre las Condiciones Generales de Uso será recibida y solucionada contactando con la EMPRESA a través del correo electrónico info@viagro.es .
1. Objet
The COMPANY provides the content and services available on the Website, subject to these General Conditions of Use, as well as the policy on the processing of personal data (hereinafter, the “Data Protection Policy”). Access to this Website or its use in any form grants you the status of “User” and implies the unreserved acceptance of each and every one of these General Conditions of Use, with the COMPANY reserving the right to modify them at any time. Consequently, it shall be the responsibility of every User to carefully read the General Conditions of Use in force on each occasion they access this Website; therefore, if the User does not agree with any of the provisions set forth herein, they must refrain from using this Website.
Likewise, you are hereby advised that, on occasion, specific terms and conditions may be established for the use of particular content and/or services on the Website; the use of such content or services shall imply the acceptance of the specific terms and conditions specified therein.
2. Services
Through the Website, the COMPANY offers Users the possibility to access: Information about the company, its contact details, its products and services, its price lists, its commercial offers, and its location; a contact section for inquiries by providing personal data; and links to access social media (hereinafter, the 'Services').
3. Privacy and Data Processing
Whenever access to specific content or services requires the provision of personal data, Users shall guarantee its veracity, accuracy, authenticity, and validity. The COMPANY shall provide such data with the corresponding automated processing based on its nature or purpose, under the terms indicated in the Data Protection Policy section.
4. Industrial and Intellectual Property
The User acknowledges and accepts that all content displayed on the Website—and in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible to industrial and/or commercial use—are subject to Intellectual Property rights. All trademarks, trade names, or distinctive signs, and all industrial and intellectual property rights regarding the content and/or any other elements inserted on the page, are the exclusive property of the COMPANY and/or third parties, who have the exclusive right to use them in economic traffic. Consequently, the User undertakes not to reproduce, copy, distribute, make available, or in any other way publicly communicate, transform, or modify such content, holding the COMPANY harmless from any claim arising from the breach of such obligations. Under no circumstances does access to the Website imply any type of waiver, transmission, license, or total or partial assignment of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not confer upon Users any other right of use, alteration, exploitation, reproduction, distribution, or public communication of the Website and/or its Content other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to prior and express authorization specifically granted for that purpose by the COMPANY or the third-party owner of the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes, and, in general, any intellectual creation existing on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyrights by intellectual property legislation. The COMPANY is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content of the Website or, in any case, possesses the corresponding authorization for the use of such elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any medium, unless prior written authorization is obtained from the aforementioned Entity.
Likewise, it is prohibited to delete, evade, and/or manipulate the "copyright" as well as technical protection devices or any information mechanisms that the contents may contain. The User of this Website undertakes to respect the stated rights and to avoid any action that could harm them, with the COMPANY reserving the right to exercise any legal means or actions available to it in defense of its legitimate intellectual and industrial property rights.
5. Obligations and Responsibilities of the Website User
The User undertakes to:
Make appropriate and lawful use of the Website, as well as its contents and services, in accordance with: (i) the applicable legislation at any given time; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good customs; and (iv) public order. The User must also provide all technical means and requirements needed to access the Website.
Provide truthful information when filling out forms on the Website with personal data and keep said data updated at all times so that it reflects the User's current situation. The User shall be solely responsible for any false or inaccurate statements made and for any damages caused to the COMPANY or third parties by the information provided.
Notwithstanding the provisions of the previous section, the User must also refrain from:
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a) Making unauthorized or fraudulent use of the Website and/or its contents for illegal purposes or effects prohibited in these General Conditions of Use, which are harmful to the rights and interests of third parties, or which in any way may damage, disable, overburden, impair, or prevent the normal use of services, documents, files, and all kinds of content stored on any computer equipment.
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b) Accessing or attempting to access restricted resources or areas of the Website without meeting the conditions required for such access.
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c) Causing damage to the physical or logical systems of the Website, its suppliers, or third parties.
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d) Introducing or spreading computer viruses or any other physical or logical systems on the network that are likely to cause damage to the physical or logical systems of the COMPANY, its suppliers, or third parties.
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e) Attempting to access, use, and/or manipulate the data of the COMPANY, third-party providers, and other Users.
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f) Reproducing, copying, distributing, allowing public access through any form of public communication, transforming, or modifying the contents, unless authorized by the owner of the corresponding rights or if legally permitted.
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g) Deleting, hiding, or manipulating notes on intellectual or industrial property rights and other identifying data of the rights of the COMPANY or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may be inserted into the contents.
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h) Obtaining or attempting to obtain the contents using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located.
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i) In particular, and by way of illustration and not limitation, the User undertakes not to transmit, disseminate, or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any kind of material that:
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(i) In any way is contrary to, disparages, or attacks fundamental rights and public freedoms recognized constitutionally, in International Treaties, and in the rest of the current legislation.
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(ii) Induces, incites, or promotes criminal, denigratory, defamatory, violent, or, in general, unlawful actions contrary to morals, generally accepted good customs, or public order.
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(iii) Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or condition.
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(iv) Incorporates, makes available, or allows access to products, elements, messages, and/or services that are criminal, violent, offensive, harmful, degrading, or, in general, contrary to the law, morals, and generally accepted good customs or public order.
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(v) Induces or may induce an unacceptable state of anxiety or fear.
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(vi) Induces or incites involvement in dangerous, risky, or harmful practices for health and psychological balance.
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(vii) Is protected by intellectual or industrial property legislation belonging to the COMPANY or third parties without the intended use having been authorized.
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(viii) Is contrary to the right to honor, personal and family privacy, or a person's own image.
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(ix) Constitutes any type of advertising.
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(x) Includes any type of virus or program that prevents the normal functioning of the Website.
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If a password is provided to access some of the services and/or contents of the Website, the User is obliged to use it diligently and keep it secret at all times. Consequently, the User will be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, temporarily or permanently, nor to allow access to the aforementioned services and/or contents by outsiders. Likewise, the User is obliged to notify the COMPANY of any event that may involve the improper use of their password, such as theft, loss, or unauthorized access, in order to proceed with its immediate cancellation. Until such notification is made, the COMPANY shall be exempt from any liability that may arise from the improper use of the password, and the User shall be responsible for any illegal use of the Website's contents and/or services by any illegitimate third party.
If the User negligently or willfully breaches any of the obligations established in these General Conditions of Use, they shall be liable for all damages and losses that may arise for the COMPANY from said breach.
6. Responsibilities
The COMPANY does not guarantee continued access, nor the correct viewing, downloading, or usefulness of the elements and information contained on the Website pages, which may be impeded, hindered, or interrupted by factors or circumstances beyond its control.
The COMPANY is not responsible for decisions that may be made as a result of access to the contents or information offered.
The COMPANY may interrupt the service or immediately terminate the relationship with the User if it detects that the use of its Website or any of the services offered therein is contrary to these General Conditions of Use. The COMPANY is not liable for damages, losses, claims, or expenses derived from the use of the Website. It shall only be responsible for removing, as soon as possible, any content that may generate such damages, provided that notification is given. In particular, it shall not be liable for damages that may arise, among others, from:
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(i) interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages, or disconnections in the operation of the electronic system, caused by deficiencies, overloads, and errors in telecommunications lines and networks, or by any other cause beyond the COMPANY's control.
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(ii) unlawful intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.
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(iii) improper or inappropriate abuse of the Website.
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(iv) security or navigation errors produced by a malfunction of the browser or by the use of outdated versions thereof. The administrators of the COMPANY reserve the right to withdraw, in whole or in part, any content or information present on the Website.
The COMPANY excludes any liability for damages of any nature that may be due to the misuse of the freely available services by Website Users. Likewise, the COMPANY is exonerated from any liability for the content and information that may be received as a result of the data collection forms, as these exist solely for the provision of inquiry and support services. Furthermore, in the event of causing damages through an unlawful or incorrect use of said services, the User may be claimed against by the COMPANY for the damages caused.
You shall defend, indemnify, and hold the COMPANY harmless against any damages arising from claims, actions, or demands from third parties as a result of your access to or use of the Website. Likewise, you agree to indemnify the COMPANY against any damages resulting from your use of "robots," "spiders," "crawlers," or similar tools employed for the purpose of gathering or extracting data, or any other action on your part that imposes an unreasonable burden on the operation of the Website.
7. Hyperlinks
This section covers the Hyperlink Policy, both for external links on your site and for third parties wishing to link to your website.
Formal Translation
The User undertakes not to reproduce the COMPANY's Website or any of its contents in any way, even through a hyperlink or link, except with the express written authorization of the COMPANY.
The COMPANY's Website includes links to other websites managed by third parties, in order to facilitate the User's access to information from collaborating and/or sponsoring companies. Accordingly, the COMPANY is not responsible for the content of said websites, nor does it act as a guarantor or an offering party of the services and/or information that may be offered to third parties through third-party links.
The User is granted a limited, revocable, and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website: (i) may not imply that the COMPANY recommends that website or its services or products; (ii) may not misrepresent their relationship with the COMPANY nor state that the COMPANY has authorized such a link, nor include trademarks, trade names, logos, or other distinctive signs of the COMPANY; (iii) may not include content that could be considered in poor taste, obscene, offensive, controversial, inciting violence or discrimination based on sex, race, or religion, contrary to public order, or illegal; (iv) may not link to any page of the Website other than the main page; (v) must link to the Website's own address, without allowing the linking website to reproduce the Website as part of its own web or within one of its "frames," or create a "browser" over any of the pages of the Website. The COMPANY may request, at any time, the removal of any link to the Website, after which it must be immediately removed. The COMPANY cannot control the information, content, products, or services provided by other websites that have established links to the Website.
Consequently, the COMPANY assumes no responsibility whatsoever for any aspect related to such websites.
8. Data protection
To use certain Services, Users must first provide specific personal data. To this end, the COMPANY shall process Personal Data automatically in compliance with Personal Data Protection regulations. For this purpose, the User may access the policy followed for the processing of personal data, as well as the description of the previously established purposes, in the provisions defined in the Data Protection Policy presented on this Website.
9. Cookies
The COMPANY reserves the right to use “cookie” technology on the Website in order to recognize you as a frequent User and personalize your use of the Website by pre-selecting your language or identifying preferred or specific content. The “cookies” used by the Website, or the third party acting on its behalf, are associated solely with an anonymous user and their computer, and do not in themselves provide the user's personal data.
Cookies are files sent to a browser via a web server to record the User's navigation on the Website, provided that the User allows their reception. Users may delete "cookies" by consulting their browser's instructions for use.
Thanks to cookies, the COMPANY is able to recognize the computer browser used by the User for the purpose of facilitating content and displaying browsing and advertising preferences, as well as recognizing demographic profiles to measure visits and traffic parameters, and to monitor progress and the number of entries.
10. Duration and termination
The provision of the service of this Website and other services are, in principle, of indefinite duration. Notwithstanding the foregoing, the COMPANY may terminate or suspend any of the portal's services. Whenever possible, the COMPANY shall announce the termination or suspension of the provision of the specific service.
11. Declaration and Guarantees
In general, the contents and services offered on the Website are for informational purposes only. Consequently, in offering them, the COMPANY makes no warranties or representations of any kind regarding the contents and services offered on the Website, including, but not limited to, warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.
12. Force Majeure
The COMPANY shall not be held liable in any event of impossibility to provide service if such impossibility is due to prolonged interruptions of the electricity supply or telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general, all instances of force majeure or fortuitous events.
13. Dispute resolution. Applicable law and jurisdiction
These General Conditions of Use, as well as the use of the Website, shall be governed by Spanish legislation. Any dispute shall be resolved before the courts of Almería.
In the event that any provision of these General Conditions of Use is found to be unenforceable or void under applicable legislation or as a result of a judicial or administrative ruling, such unenforceability or invalidity shall not render these General Conditions of Use unenforceable or void as a whole. In such cases, the COMPANY shall proceed to modify or replace said provision with another that is valid and enforceable and that, as far as possible, achieves the objective and intent reflected in the original provision.