The website www.fincalasmanillas.com (hereinafter, the “Website”) is the property of FINCA LAS MANILLAS, S.L. with tax I.D. (NIF) number B-23767122 (hereinafter, the “COMPANY”) with registered address at Camino de Arquillos al Porrosillo, s/n · 23230 ARQUILLOS (Jaén) – SPAIN
The COMPANY welcomes you and invites you to carefully read the General Conditions of Use of this Website (hereinafter, the “General Conditions of Use”) that describe the terms and conditions that apply to your browsing, in accordance with the provisions of the applicable Spanish legislation. Since the COMPANY may modify these Conditions of Use in the future, we recommend that you periodically revisit them to ensure you are properly informed of any changes made.
For the use of the Website and to comply with the principles of transparency, clarity and simplicity, the COMPANY informs the User that any suggestions, doubts or queries about the General Conditions of Use may be resolved by contacting the COMPANY at the email address: comercial@fincalasmanillas.com
1. PURPOSE
The COMPANY supplies 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 way results in the classification as a “User” and implies the unconditional acceptance of each and every one of these General Conditions of Use, the COMPANY reserving the right to modify them at any time. Consequently, each time a User enters this Website they will be responsible for carefully reading the General Conditions of Use in force at that time, so if the user does not agree with anything established herein they must refrain from using this Website.
Similarly, they are informed that, on occasion, specific conditions may be established for the use of particular content and/or services on the Website, the use of this content or these services implying acceptance of the specific conditions specified therein.
2. SERVICES
Through the Website, the COMPANY offers Users the possibility of accessing: Information about Finca Las Manillas and the services and products on offer, “Noviembre EVOO, different types of oil”, a section with information about the harvesting of its olive groves, another that includes an online store, a blog with different contributions and news items and finally a “contact” section for queries”(hereinafter the “Services”).
3. PRIVACY AND DATA PROCESSING
When it is necessary to provide personal data in order to access certain content or services, Users will guarantee the veracity, accuracy, authenticity and validity of these data. The COMPANY will undertake the computer processing of that data in accordance with their 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 the content displayed on the Website, and in particular the designs, texts, images, logos, icons, buttons, software, trade names, trademarks or any other signs suitable for industrial and/or commercial use are subject to Intellectual Property rights. In addition, all the brands, trade names or distinctive signs, all industrial and intellectual property rights, relating to the contents and/or any other elements on the website, are the exclusive property of the COMPANY and/or third parties, who have the exclusive right to use them in the normal course of business. Therefore, the User undertakes not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such content, holding the COMPANY harmless from any claims arising from the breach of these obligations. Under no circumstances does access to the Website imply any type of waiver, transfer, license or total or partial cession of these rights, unless expressly established otherwise. These General Conditions of Use of the Website do not confer on the 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 authorisation specifically granted for this purpose by the COMPANY or the third-party owner of the rights in question.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this website, as well as the website as a whole, as a multimedia artistic work, are protected under copyright by the legislation on intellectual property. The COMPANY owns 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, alternatively, has the corresponding authorisation for the use of those elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, recorded by any information retrieval system, in any form or in any medium, unless prior authorisation has been granted, in writing, by the aforementioned Entity.
It is also prohibited to suppress, evade and/or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that may contain the content. The User of this Website undertakes to respect the rights outlined herein and to avoid any action that could infringe them, the COMPANY in each case reserving the right to take any legal measures or actions that correspond to it in defence of its legitimate intellectual and industrial property rights.
5. OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER
The User agrees 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 time; (ii) the General Conditions of Use of the Website; (iii) generally accepted ethics and best practices and (iv) public order.
Have all the means and technical requirements required to access the Website.
Provide truthful information when entering their personal data in the forms on the Website and keep these data updated at all times so that they reflect the real situation of the User at all times. The User will be solely responsible for any false or inaccurate statements made and the damages caused to the COMPANY or third parties by the information it provides. Notwithstanding that established in the previous section, the User must also refrain from:
a) Making any unauthorised or fraudulent use of the Website and/or its content for illegal purposes or effects, prohibited in these General Terms of Use, harmful to the rights and interests of third parties, or that in any way may damage, render unusable, overload, deteriorate or impede the normal use of the services or the documents, files and all kinds of content stored on any computer equipment.
b) Accessing or attempting to access restricted resources or areas on the Website, without complying with the conditions required for such access.
c) Causing damage to the physical or logical systems of the Website, its suppliers or third parties.
d) Introducing or disseminating over the Internet any computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the COMPANY, its suppliers or third parties.
e) Attempting to access, use and/or manipulate the data of the COMPANY, third- party providers or other Users.
f) Reproducing or copying, distributing, allowing access to the public through any form of public communication, transforming or modifying the content, unless authorisation has been received from the owner of the corresponding rights or it is legally permitted.
g) Suppressing, concealing or manipulating 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 in the content.
h) Obtaining or trying to obtain the content using means or procedures different from those that, in each 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 because they do not involve a risk of damage or disablement of the website and/or its content.
i) In particular and for illustration purposes, not being limiting, the User agrees not to transfer, disseminate or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
1. Is in any way contrary to, denies or infringes the fundamental rights and public freedoms recognised by the Constitution, International Treaties and the rest of the current legislation.
2. Induces, incites or promotes actions that are criminal, slanderous, defamatory, violent, or in general contrary to the law, morals and generally accepted bestpractices or public order.
3. Induces, incites or promotes discriminatory actions, attitudes or thinking for reasons of gender, race, religion, beliefs, age or condition.
4. Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, slanderous or, in general, contrary to the law, morality and generally accepted best practices or public order.
5. Induces or may induce an unacceptable state of anxiety or fear.
6. Induces or incites involvement in practices that are dangerous, risky or harmful to the health and mental stability.
7. Is protected by the legislation on intellectual or industrial rights, belonging to the COMPANY or third parties and not having been authorised for the intended use.
8. Is contrary to the honour, personal and family privacy or the image of persons.
9. Constitutes any type of advertising.
10. Includes any type of virus or program that prevents the normal operation of the Website.
If to access some of the services and/or content of the Website they are provided with a password, they are obliged to use it diligently, keeping it secret at all times. Consequently, they will be responsible for its proper safekeeping and confidentiality, undertaking not to disclose it to third parties, temporarily or permanently, or to allow access by third parties to the aforementioned services and/or content. Likewise, they are obliged to notify the COMPANY of any event that may imply improper use of their password, such as, but not limited to, its theft, loss or unauthorised access, in order to immediately cancel it. Consequently, until the above notification is made, the COMPANY will be released from any liability that may arise due to the improper use of the password. Any illegal use of the content and/or services of the Website by any illegitimate third party is therefore the User’s responsibility.
If they negligently or fraudulently fail to comply with any of the obligations set forth in these General Conditions of Use, they will be liable for all the damages and losses that may arise for the COMPANY as a result of that breach.
6. RESPONSIBILITIES
The COMPANY does not guarantee continuous access or the correct visualisation, downloading or usefulness of the elements and information contained in the pages of the Website, which may be impeded, hindered or interrupted by factors or circumstances beyond its control.
The COMPANY is not responsible for any decisions that could be taken as a result of access to the content or information offered.
The COMPANY may interrupt the service or immediately terminate the relationship with the User if it detects that any use of its Website or any of the services offered therein are contrary to these General Conditions of Use. The COMPANY is not responsible for any damage, harm, losses, claims or expenses deriving from use of the Website. It will only be responsible for eliminating, as soon as possible, any content that may cause such damage, as long as it is notified of this. In particular, it shall not be liable for any damages that may arise, inter alia, from:
a) interference, interruption, faults, omissions, telephone faults, delays, blockages or disconnections in the functioning of the electronic system, caused bydeficiencies, overloads and errors in the telecommunication lines and networks, or for any other reason beyond the control of the COMPANY.
b) Unlawful interference through the use of malware of any kind and through any means of communication, such as computer viruses or any other.
c) Improper or inappropriate use of the Website.
d) Security or browsing errors caused by the poor functioning of the browser or by using non-updated versions of this. The directors of the COMPANY reserve theright to withdraw, totally or partially, any content or information present on the Website.
The COMPANY is released from any liability for any damages or losses of any nature that could be due to the misuse of the services freely available for use by Users of the Website. Likewise, the COMPANY is released from any liability for the content and information that may be received as a result of the data collection forms, these simply being for the provision of the services to respond to queries and doubts. However, in the event of damage or losses being caused due to the illicit or incorrect use of these services, the COMPANY may lodge a claim against the user for the damage or losses caused.
They will defend, indemnify and hold the COMPANY harmless from any damage or losses arising from claims, actions or demands of third parties as a result of their access to or use of the Website. They also undertake to indemnify the COMPANY for any damages and losses arising from their use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or of any other action by them that imposes an unreasonable load on the operation of the Website.
7. HYPERLINKS
The User agrees not to reproduce in any way, even through a hyperlink, the Website of the COMPANY, as well as any of its content, unless expressly authorised in writing by the COMPANY.
The Website of the COMPANY includes links to other websites managed by third parties, in order to facilitate the User´s access to the information of collaborating companies and/or sponsors. Accordingly, the COMPANY is not responsible for the content of these websites, nor is it guarantor or provider of the services and/or information that may be offered to third parties through the third-party links.
The User is granted a limited, revocable and non-exclusive right to create links to the Website´s homepage exclusively for private and non-commercial use. Websites that include a link to our Website (I) cannot imply that the COMPANY recommends that website or its services or products; (II) may not falsify their relationship with the COMPANY or state that the COMPANY has authorised such link, or include brands, names, trade names, logos or other distinctive signs of the COMPANY; (III) may not include content that may be considered distasteful, obscene, offensive, controversial, that incites violence or discrimination on the basis of gender, race or religion, unlawful or contrary to public order; (IV) may not link to any page on the Website other than the homepage; (V) must link to the Website´s own address, without allowing the website that makes the link 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. The COMPANY may request, at any time, the removal of any link to the Website, at which point 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 accepts no responsibility for any aspect related to such websites.
8. DATA PROTECTION
To use some of the Services, Users must first provide certain personal data. The OMPANY will automatically process the Personal Data in compliance with Law 15/1999, of December 13 on the Protection of Personal Data and implementing Royal Decree 1720/2007. For this purpose, the User can find the policy followed in the processing of personal data, as well as the establishment of the aforementioned purposes, in the conditions defined in the Data Protection Policy for the website.
9. COOKIES
The COMPANY reserves the right to use "cookie" technology on the Website, in order to recognise you as a frequent User and personalise the use you make of the Website through the pre-selection of your language or more desirable or specific content. The “cookies” used by the Website, or the third party acting on your behalf, are only associated with an anonymous user and their computer, and do not on their own provide the personal data of the user.
Cookies are files sent to a browser through a web server to record the User´s browsing on the Website, when the User allows them to be received. The user can delete “cookies” and to do so should consult the instructions of use for the browser.
Thanks to cookies, it is possible for the COMPANY to recognise the browser on the user´s computer in order to provide content and offer the browsing or advertising preferences of the User, adapt to the demographic profiles of the Users, measure visits and traffic parameters and monitor progress and the number of entries.
10. DURATION AND TERMINATION
The provision of the service of this Website and other services have an indefinite duration in principle. However, the COMPANY may terminate or suspend any of the services on the portal. Whenever possible, the COMPANY will announce the termination or suspension of the service provided.
11. DECLARATIONS AND GUARANTEES
In general, the content and services offered on the Website are for information purposes only. Therefore, on providing them the COMPANY does not grant any guarantee or declaration regarding the content and services offered on the Website, including, but not limited to, guarantees of legality, reliability, usefulness, accuracy, or marketability, except to the extent to which such declarations and guarantees cannot be excluded by law.
12. FORCE MAJEURE
The COMPANY will not be responsible under any circumstances when an inability to provide a service is due to prolonged interruptions of the electricity supply, telecommunication lines, social conflict, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general any cases of force majeure or unforeseen circumstances.
13. CONFLICT RESOLUTION. APPLICABLE LAW AND JURISDICTION
These General Conditions of Use, as well as the use of the Website, will be governed by Spanish legislation. Any conflicts will be resolved before the courts of Madrid. In the event that any provision in these General Conditions of Use is unenforceable or null by virtue of the applicable legislation or as a consequence of a judicial or administrative decision, this unenforceability or nullity will not lead to these General Conditions of Use being unenforceable or null as a whole. In such cases, the COMPANY will modify or replace that provision with another that is valid and enforceable and that, as far as possible, achieves the objective and intention reflected in the original provision.