1.- OBJECTIVE

The present general conditions of use (hereinafter CGU), regulate the access and use of the Website under the domain https://aquafont.es (hereinafter Website), owned by “AQUAFONT XÀBIA S.L.” (hereinafter AQUAFONT), made available to the users (hereinafter User/s).

If you have any doubt or query related to the use and access to the Website or to the present GTU, you can contact us through the contact details published in the Legal Notice.

2.- CONFORMITY WITH THE PRESENT GENERAL CONDITIONS OF USE

The use of the Website implies full acceptance by the user of the GTU in force at all times when the user accesses it. Therefore, if the User does not agree with any of the conditions set forth herein, he/she should refrain from using this Website.

Consequently, the User must read the TOU carefully each time he/she intends to use the Website.

In any case, AQUAFONT reserves the right to modify, without prior notice and at any time, the GTU. Likewise, AQUAFONT reserves the right to suspend, interrupt or cease to operate the Website at any time.

The term “use of the Website” means any User who accesses and browses the Website regardless of whether he/she fills in the registration forms.

3.- CONDITIONS OF ACCESS AND USE OF THE WEBSITE AND ITS CONTENTS

Access to the Website and/or the Contents included therein does not imply any kind of guarantee regarding the suitability of the Website and/or the Contents included therein for particular or specific purposes of the Users.

AQUAFONT may establish additional limitations and/or conditions for the use and/or access to the Website and/or the Contents, which must be observed by the Users in any case.

3.1- Access and Use of the Website

Unless otherwise provided, the use of the Website shall be free of charge, without prejudice to the cost of connection through the corresponding telecommunications network contracted by the User.

The User acknowledges that he/she is over eighteen years of age and is also aware and voluntarily and expressly accepts that the use of the Website is in any case under his/her sole and exclusive responsibility.

The User undertakes to comply with the GTU, as well as to comply with the special warnings or instructions contained in the Website and to act always in accordance with the law, good customs and the requirements of good faith, using his maximum care taking into account the nature and consideration of the service he enjoys. To this effect, you will refrain from using the Website in any way that may impede, damage or deteriorate the normal functioning of the same, the goods or rights of AQUAFONT, its suppliers, its distributors, the rest of the Users or in general of any third party.

Specifically and without this implying any restriction to the obligation assumed by the User in general in accordance with the previous paragraph, the User undertakes to use the Website:

1. Not to enter, store or disseminate on or from the Website, any information or material that is defamatory, libelous, obscene, threatening, xenophobic, pornographic, in support of terrorism, incites violence, discrimination based on race, sex, ideology, religion or in any way violates the form, public order, fundamental rights, public freedoms, honor, privacy or image of others and in general the current regulations.
2. Not to introduce, store or disseminate through the Website any computer program, data, virus, code, or any other electronic or physical instrument or device that may cause damage to the Website, to any of the services, or to any of the equipment, systems or networks of AQUAFONT, of any User, of the Suppliers or Distributors of AQUAFONT or in general of any third party, capable of causing any type of alteration or preventing the normal operation of the same.
3. Not to enter, store or disseminate through the Website any content that infringes the rules of intellectual property, industrial or third party rights, or in general any content that does not hold, in accordance with the law, the right to make it available to third parties.

3.2- Access to and Use of the Contents

The Contents of the Website are made available to the User with information from both own and third party sources.

AQUAFONT endeavors to ensure that the Contents are of the highest possible quality and are reasonably up to date, but does not guarantee the usefulness, accuracy, completeness, relevance and/or timeliness of the Contents.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

By means of these GTU no intellectual or industrial property rights are granted over the Website or any of its integral elements, and the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, resending or using any of them in any way, by any means or procedure, except in those cases in which it is legally permitted or authorized by the holder of the corresponding rights.

The User will be able to visualize and obtain a temporary private copy of the Contents for his exclusive personal and private use in his computer systems (software and hardware), as long as it is not with the purpose of developing activities of commercial or professional character. The User shall refrain from obtaining, or attempting to obtain, the Contents by means or procedures other than those that in each case have been made available or indicated for that purpose or those that are commonly used on the Internet (provided that the latter do not involve a risk of damage or disablement of the Website). The User must at all times respect all intellectual and industrial property rights over the Website, owned by AQUAFONT or third parties.

EXCLUSION OF WARRANTIES AND LIABILITY

5.1.- Exclusion of Warranties and Liability for the operation of the Website.

AQUAFONT does not guarantee the availability and continuity of the operation of the Website and the services or Contents offered therein, nor that the existing content on its Website is updated, being exonerated from any liability for damages of any nature that may arise from such circumstances.

AQUAFONT will carry out, provided that there are no circumstances that make it impossible or difficult to carry out and as soon as it becomes aware of the errors, disconnections and/or lack of updating of the contents, all those tasks aimed at correcting the errors, re-establishing communication and/or updating the aforementioned contents.

Likewise, AQUAFONT does not guarantee neither the technical reliability of its Website, nor the access to its different pages, being likewise exonerated from any liability for damages of any nature that may arise for this reason.

In addition, AQUAFONT is not responsible for possible errors or security deficiencies that may occur due to the use by the User of a browser with an outdated or insecure version of the browser or for damages, errors or inaccuracies that may result from the malfunction of the same.

In order to reduce the risk of introducing viruses on the Website, it uses virus detection programs to control all the Contents that it introduces on the Website. However, AQUAFONT does not guarantee the absence of viruses or other elements on the Website introduced by third parties unrelated to AQUAFONT that may cause alterations in the physical or logical systems of the users or in the electronic documents and files stored in their systems. Consequently, AQUAFONT shall in no case be liable for any damages of any nature that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the Users.

AQUAFONT adopts various protective measures to protect the Website, the data collected and the Contents against computer attacks by third parties. However, AQUAFONT does not guarantee that unauthorized third parties can have access to the type of use or navigation of the Website made by the User or the conditions, characteristics and circumstances in which it is carried out. Consequently, AQUAFONT shall in no case be liable for any damages that may arise from such unauthorized access.

AQUAFONT shall not be liable in any case for the use that users and/or third parties may make of the Website or the Contents, nor for any damages that may arise therefrom.

5.2.- Exclusion of Warranties and Liability for the Contents.

AQUAFONT does not edit the Contents of third parties published on the Website and, consequently, does not guarantee and is not responsible for the legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of such Contents, nor for the Contents owned by AQUAFONT. AQUAFONT shall in no case be liable for any damages that may arise from:

1. The lack of legality, truthfulness, accuracy, completeness and/or timeliness of the Contents originated by third parties and their own.
2. The unsuitability for any purpose and the disappointment of the expectations generated by the Contents.
3. Decisions or actions taken or avoided by the user in reliance on the information or data provided or provided in the Contents, including without limitation lost profits or business opportunities.

6.- HYPERLINKS

Those who intend to establish hyperlinks between their Web page and the Website must observe and comply with the following conditions:

1. No prior authorization is required when the Hyperlink only allows access to the home page of the Website, but may not reproduce it in any form. Any other form of Hyperlink shall require the express and unequivocal written authorization of AQUAFONT.
2. The Web page on which the Hyperlink is established may only contain what is strictly necessary to identify the destination of the Hyperlink.
3. The Web page on which the Hyperlink is established shall not contain information or contents that are illicit, contrary to morality and generally accepted good customs and public order, nor shall it contain contents contrary to any third party rights.
4. AQUAFONT reserves the right to block hyperlinks to the Website that do not have express prior authorization even if they comply with the provisions of this point of the General Conditions.

7.- ACTIONS IN CASE OF NON-COMPLIANCE

AQUAFONT reserves the right to exercise whatever actions are available at law to demand the responsibilities arising from the breach of any of the provisions of these General Conditions of the Website by a user.

8.- PARTIAL NULLITY.

The declaration of any of the clauses contained in these General Conditions as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining clauses, which shall continue to be binding between the parties.

9.- APPLICABLE LAW AND JURISDICTION

These TOU shall be governed by the provisions of Spanish law.

Any controversy related to the conditions of use and access to this Website contained in this document of CGU of the Website, the parties submit, expressly waiving any other jurisdiction that may correspond to them, unless otherwise determined by law, to the Courts of Denia.

10.- NOTIFICATIONS

For the purposes of making the appropriate notifications, AQUAFONT designates the address specified in the Legal Notice as the contact address.

The e-mail address provided by the User during the registration process on the Website will be used by AQUAFONT for the purpose of sending notifications to the User.

The User is obliged to keep duly updated the data referred to in this clause for notification purposes.

All Notifications made by AQUAFONT to the User shall be deemed to have been validly made if they have been made using the data and by the means indicated above. AQUAFONT shall not be held responsible for any damage that may occur as a result of the User ‘s failure to keep his contact details up to date.