Legal Notice
The agroponiente.com website (hereinafter, the “Website”) is the property of AGROPONIENTE, S.A. (hereinafter, the “COMPANY”), with registered office at: Ctra Nacional 340, km 87 – 04700 El Ejido (ALMERÍA) and CIF A04051207, registered in the Mercantile Register of Almería, Volume 137, General 92, Folio 149, S 3a of the Companies Book, Sheet 2148 and Entry 1a.
AGROPONIENTE, S.A. welcomes you and invites you to read carefully the General Conditions of Use of this Website (hereinafter, the “General Conditions of Use”) which describe the terms and conditions applicable to your browsing of the Website, in accordance with the provisions of the applicable Spanish legislation. Given that the company may modify these Terms of Use in the future, we recommend that you visit them periodically in order to be duly informed of any changes made.
In order to ensure that the use of the Website complies with the criteria of transparency, clarity and simplicity, AGROPONIENTE, S.A. informs the User that any suggestions, doubts or queries regarding the General Conditions of Use will be received and resolved by contacting the company by e-mail at protecciondedatos@grupoagroponiente.com.
1. Purpose
AGROPONIENTE, S.A. 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 gives you the status of “User” and implies the unreserved acceptance of each and every one of these General Conditions of Use, and the company reserves the right to modify them at any time. Consequently, it is the responsibility of all Users to carefully read the General Conditions of Use in force each time they access this Website, and therefore, if they do not agree with any of the provisions herein, they should refrain from using this Website.
Likewise, you are hereby warned that, on occasions, special conditions may be established for the use of specific contents and/or services on the Website, and the use of said contents or services shall imply acceptance of the special conditions specified therein.
2. Services
Through the Website, AGROPONIENTE, S.A. offers Users the possibility of accessing: Information about the company, its contact details, its products and services, its prices, its commercial offers, its location – A contact section for making enquiries by providing their personal details – Links to access social networks (hereinafter the “Services”).
3. Privacy and Data Processing
In the event that in order to access certain contents or services it is necessary to provide personal data, the Users shall guarantee their truthfulness, accuracy, authenticity and validity. The company will handle such data in an automated process according to its nature or purpose, in 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 of industrial and/or commercial use are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights over the content and/or any other elements inserted on the page, which are the exclusive property of AGROPONIENTE, S.A. and/or third parties, who have the exclusive right to use them in the course of trade. The User therefore undertakes not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such content, and shall hold the company harmless from any claim arising from the breach of such obligations. Under no circumstances does access to the Website imply any kind of waiver, transmission, license or total or partial transfer of said rights, unless expressly stated otherwise. These General Conditions 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 other rights shall be subject to prior express authorisation specifically granted for this purpose by AGROPONIENTE, S.A. or the third party owner of the rights concerned.
The content, text, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation. AGROPONIENTE, S.A. is the owner of the elements that make up the graphic design of the
Website, menus, navigation buttons, HTML code, text, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorisation for the use of such elements. The content provided on the Website may not be reproduced in its entirety or in any part, or transmitted, or recorded by any information retrieval system, in any form or by any means, unless prior written authorization has been obtained from the aforementioned Entity.
Likewise, it is forbidden to delete, evade and/or manipulate the copyright as well as the technical protection devices or any information mechanisms that the contents may include. The User of this Website undertakes to respect the aforementioned rights and to avoid any action that could damage them, and in any case, the company reserves the right to exercise any legal means or actions that may correspond 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 the content and services, in accordance with: (i) the legislation applicable at all times; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good customs and (iv) public order.
To provide all the technical means and requirements necessary to access the Website.
To provide truthful information when filling in the forms contained on the Website with their personal data and to keep them updated at all times so that they correspond, at all times, to the User’s real situation. The User shall be solely responsible for any false or inaccurate statements made and for any damage caused to the company or to third parties as a result of the information provided.
Notwithstanding the provisions of the previous section, the User must also refrain from:
Make unauthorized or fraudulent use of the Website and/or the contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload, deteriorate or impede the normal use of the services or the documents, files and all types of contents stored in any computer equipment.
Access or attempt to access resources or restricted areas of the Website, without complying with the conditions required for such access.
Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
Introduce or disseminate computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the company, its suppliers or third parties.
Attempt to access, use and/or manipulate the data of the company, third-party suppliers and other Users.
Reproduce or copy, distribute, allow public access through any form of public communication, or transform or modify the contents, unless authorized by the holder of the corresponding rights or it is legally permitted.
Delete, conceal 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 contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents.
Obtain and attempt to obtain the contents using means or procedures other than those which, as the case may be, have been made available for this purpose or which have been expressly indicated on the web pages where the contents are found or, in general, those which are normally used on the Internet because they do not entail a risk of damage or disablement of the website and/or the contents.
In particular, and purely for illustrative and non-exhaustive purposes, 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:
In any way is contrary to, undermines or infringes fundamental rights and public freedoms recognised in the Constitution, in international treaties and in the rest of the legislation in force.
Induces, incites or promotes criminal, denigratory, defamatory or violent actions or, in general, actions contrary to the law, morality, generally accepted good customs or public order.
Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
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. Induces or is likely to induce an unacceptable state of anxiety or fear.
Induces or incites to engage in practices that are dangerous, risky or harmful to health and mental equilibrium.
Is protected by intellectual or industrial protection legislation belonging to AGROPONIENTE, S.A. or third parties without the intended use having been authorized.
Is contrary to the honor, personal and family privacy or personal image of individuals.
Constitutes any type of advertising.
Includes any type of virus or programme that prevents the normal functioning of the Website.
If, in order to access any of the services and/or contents of the Website, you are provided with a password, you undertake to use it diligently, keeping it secret at all times. Consequently, he/she shall be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, either temporarily or permanently, or to allow access to the aforementioned services and/or contents by third parties. Likewise, he/she undertakes to notify the company of any event that may involve the improper use of his/her password, such as, but not limited to, its theft, loss or unauthorized access, in order to proceed to its immediate cancellation. Consequently, until such time as the above notification is made, AGROPONIENTE, S.A. shall be exempt from any liability that may arise from the improper use of your password and shall be liable for any unlawful use of the contents and/or services of the Website by any unlawful third party.
If he/she negligently or wilfully breaches any of the obligations set out in these General Conditions of Use, he/she shall be liable for all damages that may arise for AGROPONIENTE, S.A. as a result of such breach.
6. Responsibilities
AGROPONIENTE, S.A. does not guarantee continued access, nor the correct viewing, downloading or use of the elements and information contained in the pages of the website, which may be prevented, hindered or interrupted by factors or circumstances beyond its control.
AGROPONIENTE, S.A. accepts no liability for any decisions that may be taken as a result of accessing the content or information provided.
AGROPONIENTE, S.A. 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 on it is contrary to these General Conditions of Use. The company shall not be liable for any damages, losses, claims or expenses arising from the use of the Website. It shall only be responsible for removing, as soon as possible, the contents that may cause such damages, provided that this is notified. In particular, it shall not be liable for any damages that may arise, among others, from:
interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or by any other cause beyond the control of the company.
illegitimate intromissions through the use of malware of any kind and through any means of communication, such as computer viruses or any other.
improper or inappropriate abuse of the Website.
security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The administrators of the COMPANY reserve the right to withdraw, in whole or in part, any content or information on the Website.
AGROPONIENTE, S.A. shall not be liable for any damages of any kind that may be caused by the improper use of the freely available services and use 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, these being used solely for the provision of services for queries and doubts. On the other hand, in the event of causing damages due to an illicit or incorrect use of said services, the User may be claimed by the company for the damages caused.
You will 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 or use of the Website. You also undertake to indemnify AGROPONIENTE, S.A. against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used to collect or extract data or any other action on your part that imposes an unreasonable burden on the operation of the Website.
7. Hyperlinks
The User undertakes not to reproduce the AGROPONIENTE, S.A. website or any of its content in any way, even by means of a hyperlink or hypertext link, except with the express written authorisation of the company.
The AGROPONIENTE, S.A. Website includes links to other websites managed by third parties, in order to facilitate User access to information from partner companies and/or sponsors. Accordingly, the company accepts no responsibility for the content of such websites, nor does it place itself in the position of guarantor and/or provider 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 homepage of the Website exclusively for private, 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 or state that the company has authorized such a link, or include trademarks, names, trade names, logos or other distinctive signs of the company; (iii) may not include content that may be considered to be in bad taste, obscene, offensive, controversial, inciting to violence or discrimination on grounds of sex, race or religion, contrary to public order or unlawful; (iv) may not link to any page of the Website other than the home page; (v) must link to the Website address itself, without allowing the linking website to reproduce the Website as part of its website or within one of its frames or create a browser on any of the pages of the Website. AGROPONIENTE, S.A. may, at any time, request that you remove any link to the Website, after which you shall immediately proceed to remove the link. The company cannot control the information, content, products or services provided by other websites that have established links to the Website.
Consequently, AGROPONIENTE, S.A. accepts no liability whatsoever for any aspect relating to such websites.
8. Data protection
In order to use some of the Services, Users must first provide certain personal data. To this end, AGROPONIENTE, S.A. shall automatically process the Personal Data in compliance with Personal Data Protection regulations. To this end, the User may access the policy followed in the processing of personal data, as well as the establishment of the purposes previously established, as set out in the conditions defined in the Data Protection Policy presented on this Website.
9. Cookies
AGROPONIENTE, S.A. reserves the right to use “cookie” technology on the Website, in order to recognise you as a frequent User and to personalize your use of the Website by pre-selecting your language, or the most desired or specific content. The “cookies” used by the Website, or the third party acting on its behalf, are only associated with an anonymous user and his or her computer, and do not provide the user’s personal data.
Cookies are files sent to a browser by a Web server to record the User’s browsing on the Website, when the User allows them to be received. You can delete cookies by consulting your browser’s instructions for use.
Thanks to cookies, it is possible for the company to recognise the browser of the computer used by the User in order to provide content and show their browsing and advertising preferences, as well as to recognise their demographic profiles in order to measure visits and traffic parameters, monitor progress and number of entries.
10. Duration and termination
The provision of the service of this Website and the other services shall in principle have an indefinite duration. However, the company may terminate or suspend any of the portal services. Whenever possible, the company will announce the termination or suspension of the provision of a specific service.
11. Declarations and Guarantees
In general, the contents and services offered on the Website are for information purposes only. Consequently, in offering them, AGROPONIENTE, S.A. makes no guarantees or representations whatsoever in relation to the content and services offered on the Website, including, but not limited to, guarantees of legality, reliability, usefulness, truthfulness, accuracy or merchantability, except to the extent that such representations and guarantees cannot be excluded by law.
12. Force majeure
AGROPONIENTE, S.A. shall not be liable in the event of the impossibility of providing a service, if this is due to prolonged interruptions to the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.
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 law, which shall be applicable in all matters not provided for in these conditions with regard to interpretation, validity and execution.
AGROPONIENTE, S.A. and the User, expressly waiving any other jurisdiction, submit to the Courts and Tribunals of ALMERÍA for any dispute that may arise from the existence, interpretation or application of these General Terms and Conditions; except in cases where the user is a consumer or user in accordance with the applicable Laws, in which case this clause shall not apply.
In the event that any provision of these General Conditions of Use should be unenforceable or invalid under applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity shall not render these General Conditions of Use unenforceable or invalid as a whole. In such cases, AGROPONIENTE, S.A. shall proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and intention reflected in the original stipulation.