Legal Notice – Agroponiente

Legal Notice

The website agroponiente.com (hereinafter, the “Website”) is owned by AGROPONIENTE, S.A. (hereinafter, the “COMPANY”), with its registered office at: Ctra. Nacional 340, km 87 – 04700 El Ejido (ALMERÍA) and CIF A04051207, registered in the Mercantile Registry of Almería, Volume 137, General 92, Folio 149, S 3ª of the company book, Sheet 2148, and Entry 1.

AGROPONIENTE, S.A. welcomes you and invites you to carefully read the General Terms of Use of this Website (hereinafter, the “General Terms of Use”), which describe the terms and conditions that will apply to your navigation through it, in accordance with the Spanish regulations in force. Since the company may modify these Terms of Use in the future, we recommend that you visit them periodically to stay informed of any changes made.

With the aim of ensuring that the use of the Website complies with criteria of transparency, clarity, and simplicity, AGROPONIENTE, S.A. informs the User that any suggestions, doubts, or queries regarding the General Terms of Use will be received and resolved by contacting the company via email at protecciondedatos@grupoagroponiente.com.

1. Purpose

AGROPONIENTE, S.A. provides the content and services available on the Website, subject to these General Terms of Use, as well as the privacy policy (hereinafter, the “Privacy Policy”). Access to this Website or its use in any form grants you the status of “User” and implies the unconditional acceptance of each and every one of these General Terms of Use, with the company reserving the right to modify them at any time. Consequently, it will be the responsibility of every User to carefully read the current General Terms of Use each time they access this Website. If the User does not agree with any of the provisions herein, they should refrain from using this Website.
Likewise, it is hereby warned that, on occasion, specific conditions may be established for the use on the Website of specific content and/or services, and the use of such content or services implies acceptance of the specific conditions specified therein.

2. Services

Through the Website, AGROPONIENTE, S.A. offers Users the possibility to access: Information about the company, its contact details, its products and services, its rates, its commercial offers, its location – A contact section for making inquiries by providing personal data – Links to access social networks (hereinafter the “Services”).

3. Privacy and Data Processing

When it is necessary to provide personal data to access certain content or services, Users will guarantee their truthfulness, accuracy, authenticity, and validity. The company will process such data automatically, as appropriate, based on its nature or purpose, as indicated in the Data Protection Policy section.

4. Industrial and Intellectual Property

The User acknowledges and accepts that all content displayed on the Website, especially designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs capable of industrial and/or commercial use, are subject to Intellectual Property rights and all trademarks, trade names, or distinctive signs, as well as all industrial and intellectual property rights, over the content and/or any other elements inserted in the page, are the exclusive property of AGROPONIENTE, S.A. and/or third parties, who have the exclusive right to use them in economic traffic. Therefore, 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 claims arising from the breach of these obligations. In no case does access to the Website imply any waiver, transmission, license, or total or partial transfer of said rights, unless expressly stated otherwise. These General Terms of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution, or public communication of the Website and/or its contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for that purpose by AGROPONIENTE, S.A. or the third-party owner of the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source code, and, in general, any intellectual creation existing on this site, as well as the site itself as a multimedia artistic work, are protected as intellectual property by legislation on intellectual property. AGROPONIENTE, S.A. 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, has the corresponding authorization for the use of these elements. The content provided on the Website may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or by any means, unless prior written permission has been obtained from the Entity.

Likewise, it is prohibited to remove, evade, and/or manipulate the copyright notice and any technical protection devices or any mechanisms of information that may be inserted in the content. The User of this Website undertakes to respect the rights mentioned and to avoid any action that could harm them, reserving the company the right to exercise any means or legal actions that correspond to it in defense of its legitimate intellectual and industrial property rights.

5. User Obligations and Responsibilities on the Website

The User agrees to:
Make proper and lawful use of the Website, as well as the content and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Terms of Use of the Website; (iii) morality and generally accepted good customs; and (iv) public order.

Provide themselves with all the technical means and requirements necessary to access the Website.

Provide truthful information when filling out personal data forms on the Website and keep them updated at all times so that they respond, at all times, to the real situation of the User. The User will be solely responsible for false or inaccurate statements made and for the damages caused to the company or third parties due to the information provided.

However, in addition to the above, the User must also refrain from:

  1. Unauthorized or fraudulent use of the Website and/or the content for illegal purposes, prohibited in these General Terms of Use, harmful to the rights and interests of third parties, or that may in any way damage, disable, overload, deteriorate or prevent the normal use of services or documents, files, and all kinds of content stored on any computer equipment.
  2. Access or attempt to access resources or restricted areas of the Website, without complying with the conditions required for such access.
  3. Causing damage to the physical or logical systems of the Website, its suppliers, or third parties.
  4. Introducing or spreading computer viruses or any other physical or logical systems on the network that may cause damage to the physical or logical systems of the company, its suppliers, or third parties.
  5. Attempting to access, use, and/or manipulate the data of the company, third-party suppliers, and other Users.
  6. Reproduce or copy, distribute, allow public access through any form of public communication, transform, or modify the content, unless authorized by the holder of the corresponding rights or it is legally permitted.
  7. Delete, hide, or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the company or third parties incorporated into the content, as well as the technical protection devices or any information mechanisms that may be inserted into the content.
  8. Obtain and attempt to obtain the content 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 content is found, or, in general, those that are commonly used on the Internet for this purpose, provided that they do not entail a risk of damage or disablement of the Website, the services, and/or the content.
  9. In particular, and merely indicative and not exhaustive, 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:
    • Contrary to, disregards, or attempts to undermine the fundamental rights and public freedoms recognized in the Constitution, international treaties, and other legislation.
    • Induces, incites, or promotes actions that are criminal, denigratory, defamatory, violent, or, in general, contrary to the law, morality, and public order.
    • Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or condition.
    • Is contrary to the right to honor, personal or family privacy, or one’s own image.
    • In any way undermines the credit of the company or third parties.
    • Constitutes unlawful, deceptive, or unfair advertising.
    • Contains viruses, malware, or any other material that may damage the computer systems of the company, its suppliers, or third parties.
    • Constitutes advertising or contains false information.

The User agrees to indemnify AGROPONIENTE, S.A. against any possible claim, fine, penalty, or sanction that it may be required to bear as a result of the User’s failure to comply with any of the rules of use indicated above. AGROPONIENTE, S.A. reserves the right to request compensation for damages.

6. Exclusion of Warranties and Responsibilities

The content of this Website is of a general nature and is for informational purposes only, without fully guaranteeing access to all content, or its completeness, correctness, validity, or currency, or its suitability or usefulness for a specific purpose.
AGROPONIENTE, S.A. excludes, to the extent permitted by law, any liability for damages of any kind arising from:

a) The inability to access the Website or the lack of veracity, accuracy, completeness, and/or currency of the content, as well as the existence of flaws and defects of all kinds in the content transmitted, disseminated, stored, made available, which has been accessed through the Website or the services offered.

b) The presence of viruses or other elements in the content that may cause alterations in computer systems, electronic documents, or User data.

c) Failure to comply with the laws, good faith, public order, traffic uses, and this legal notice as a result of incorrect use of the Website. In particular, and by way of example, AGROPONIENTE, S.A. is not responsible for the actions of third parties that infringe intellectual and industrial property rights, business secrets, rights to honor, personal and family privacy, and the image itself, as well as the regulations on unfair competition and illegal advertising.

Furthermore, AGROPONIENTE, S.A. declines any responsibility regarding the information that is outside this Website and is not managed directly by our webmaster. The function of the links that appear on this Website is exclusively to inform the User about the existence of other sources capable of expanding the content offered by this Website. AGROPONIENTE, S.A. does not guarantee or accept responsibility for the operation or accessibility of linked sites; nor does it suggest, invite, or recommend a visit to them, and therefore, it will not be responsible for the result obtained. AGROPONIENTE, S.A. is not responsible for the establishment of hyperlinks by third parties.

7. Procedure in the Event of Unlawful Activities

In the event that any User or third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any content and/or the performance of any activity on the web pages included in or accessible through the Website, they must send a notification to AGROPONIENTE, S.A., duly identifying themselves, specifying the alleged infractions, and declaring expressly and under their responsibility that the information provided in the notification is accurate.
For any litigious issue that concerns the Website of AGROPONIENTE, S.A., the Spanish legislation in force will apply. In case of dispute, the parties will submit their conflicts to arbitration or resort to ordinary jurisdiction, in accordance with the regulations on jurisdiction and competence in this regard. AGROPONIENTE, S.A. is domiciled in ALMERÍA, Spain.

8. Publications

The administrative information provided through the Website does not replace the legal publicity of laws, regulations, plans, general provisions, and acts that have to be formally published in the official journals of public administrations, which constitute the only instrument that attests to their authenticity and content. The information available on this Website should be understood as a guide with no purpose of legal validity.

9. Privacy Policy

When we need to obtain information from you, we will always ask you to voluntarily provide it to us explicitly. The data collected through the data collection forms on the website or other means will be incorporated into a personal data file duly registered in the General Registry of Data Protection of the Spanish Data Protection Agency, of which AGROPONIENTE, S.A. is the owner. This entity will treat the data confidentially and exclusively for the purpose of offering the services requested, with all legal guarantees.
AGROPONIENTE, S.A. will not transfer or share your data with third parties without your express consent.

Additionally, AGROPONIENTE, S.A. will cancel or rectify the data when it is inaccurate, incomplete, or no longer necessary or relevant for its purpose, in accordance with the provisions of the legislation on data protection.

By clicking on the “OK” button, the User agrees that their data may be processed by AGROPONIENTE, S.A., for sending commercial information of interest, and consents to being contacted electronically for this purpose. If you do not agree with any of the points mentioned above, do not click on the “OK” button.

AGROPONIENTE, S.A. adopts the security levels required by the Regulation of Security Measures approved by Royal Decree 1720/2007, of December 21st, which approves the Regulation implementing Organic Law 15/1999 of December 13th on the protection of personal data. However, we cannot guarantee the absolute invulnerability of the systems, so we do not assume any responsibility for the damages and losses derived from alterations that third parties may cause in the computer systems, electronic documents, or files of the User.

If you choose to leave our Website through links to websites not belonging to our entity, AGROPONIENTE, S.A. will not be responsible for the privacy policies of these websites or the cookies they may store on the User’s computer.

Our policy regarding email focuses on only sending communications that you have requested to receive. If you prefer not to receive these messages by email, we will offer you the possibility to exercise your right to cancel and renounce the receipt of these messages, in accordance with the provisions of Title III, Article 22 of Law 34/2002 on Services for the Information Society and Electronic Commerce.

10. Duration and Modification

AGROPONIENTE, S.A. reserves the right to modify, without prior notice, the information contained on its Website, as well as its configuration and presentation. The User expressly acknowledges and accepts that at any time AGROPONIENTE, S.A. may interrupt, deactivate, and/or cancel any of the content and/or services that are integrated into the Website.
AGROPONIENTE, S.A. may modify the terms and conditions stipulated herein, in whole or in part, by publishing any change in the same way that this legal notice appears, or through any type of communication addressed to Users.

The temporary validity of this legal notice coincides, therefore, with the time of its exposure, until they are modified in whole or in part, at which time the modified legal notice will become effective.

AGROPONIENTE, S.A. may terminate, suspend, or interrupt, at any time and without prior notice, access to the contents of the Website, without the possibility for the User to demand any compensation. After said termination, the prohibitions on the use of the contents previously exposed in this legal notice will remain in force.

11. General

For any litigious issue that concerns the Website of AGROPONIENTE, S.A., the Spanish legislation in force will apply. In case of dispute, the parties will submit their conflicts to arbitration or resort to ordinary jurisdiction, in accordance with the regulations on jurisdiction and competence in this regard. AGROPONIENTE, S.A. is domiciled in ALMERÍA, Spain.