Legal Terms

In fulfilment of Information Society and Electronic Commerce Services Act 34/2002, ÁREA SUR SHOPPING, S.L, informs you of the following:

1. IDENTIFICATION OF THE OWNER AND OF THE USER

WWW.CCAREASUR.COM (hereinafter, the “Website”) is the property of ÁREA SUR SHOPPING, S.L., (hereinafter, the “ÁREA SUR;”) of Tax Identification Code number B-87.748.182. The registered office and contact details of ÁREA SUR are as follows: C/Goya nº22, 3 floor, 28001, Madrid, Tel.: (+34) (+34)856.81.56.10, email: [email protected]

A User is any natural person who, merely as a visitor, or having completed the registration forms, makes any use of the Website of ÁREA SUR and of the services and content that ÁREA SUR thereby offers or provides, whether merely as a visitor, or as a registered user.

2. OBJECT

The following legal notice (hereinafter, the “Legal Notice“), which includes and develops on the Website Usage Conditions established by ÁREA SUR, defines the legal conditions that generically apply to access to the Website and/or use of the services and content provided by ÁREA SUR which include in particular:

 

(i) the Website;

(ii) access to and the acquisition regime for promotions, products, services, content offered via the Website;

(iii) any other product, service or content provided on or from the Website.

The User undertakes carefully to read the content of this Legal Notice. Access to the Website and/or usage thereof and/or of the services, in any form and via any means, entails express acceptance by Users of this Legal Notice and all obligations and procedures here established that would apply.

Users shall at all times and in all cases have access to this Legal Notice, which may be stored and/or reproduced.

Users undertake to enter those personal data that are essential for provision of the service. If they do not provide them, they will be unable to use the services. Users shall register on the Website by means of a Username and Password, with full responsibility for the use and safekeeping thereof, being responsible for the accuracy of the personal data provided. Voluntary data are gathered by ÁREA SUR for the purpose indicated in the Data Protection clause set out in subsequent subsections.

We hereby inform you that in order properly to function, the Website uses cookies and other elements serving to ascertain the activity performed by Users (small data files housed on your device, which contain information about Users’ visits to the Website). Those Users not wishing to receive or maintain cookies on their device or wishing to be informed as to the setting thereof may configure their browser for this purpose.

3. DATA PROTECTION

ÁREA SUR makes responsible, fair and transparent use of Users’ personal data at all times. For further details as to how we use the information we gather, and how you may exercise your rights, you should consult our “Personal Data Protection Commitment” and our “Cookies Policy”

4. CONDITIONS OF ACCESS TO THE WEBSITE AND USAGE OF THE SERVICES BY USERS

a) Access to the Website is open and free of charge, although dependent on express acceptance and strict fulfilment by Users of this Legal Notice.

b) Access to and usage of the aforementioned Website and/or services by Users is performed subject to their sole, exclusive responsibility, with users giving the following undertakings:

  • Not to access and/or use the Website or the services for unlawful purposes.
  • Not to perform any activity that could harm, overload, hamper and/or prevent the normal activity of the Website and/or services.
  • Not to transmit, distribute or make available to third parties via the Website and/or services any class of material that would contravene, or that was obtained in contravention of, the legislation in force, good faith or public policy and this Legal Notice and/or that would be harmful for third parties.

c) Should any Users cause harm to ÁREA SUR or to third parties by accessing or making use of the Website and/or services, they expressly release ÁREA SUR, the custodian thereof, from any liability that might be claimed against it. To this end, any liability that might arise shall attach solely to said Users, holding ÁREA SUR entirely harmless.

d) Users are at all times responsible for the safekeeping of their personal, non-transferable passwords. They shall likewise be liable for any damage caused through improper use thereof, transfers of passwords or the loss thereof. In this regard, access to restricted areas and/or use of the Website and/or services following access by means of a password shall be deemed to have been performed by the corresponding User, who shall be directly liable for any damage and harm resulting from such access and/or usage, expressly releasing ÁREA SUR from liability for any unauthorised use of the account. With regard to the above, Users must immediately inform ÁREA SUR of any circumstance that could entail a risk of access and/or use by an unauthorised individual, in order to allow the account to be cancelled and restored.

e) The Website and/or services are subject to constant upgrades, and as a result ÁREA SUR reserves the right to modify them, either in whole or in part, at any time and without prior notice.

f) ÁREA SUR takes reasonable efforts in order to keep the Website and/or services available at all times. Notwithstanding the above, […] reserves the right to interrupt or restrict access thereto or the functionality thereof, or of any of the elements or content thereof, at any time and without prior notice.

g) In order to oversee and maintain the proper usage thereof, ÁREA SUR reserves the right to monitor any access to or usage of the Website and/or services. Likewise, ÁREA SUR shall ensure as far as possible that such usage complies with the legislation in force. Notwithstanding this, ÁREA SUR cannot and does not conduct proactive control of all instances of access to and/or usage of the Website and/or services.

h) ÁREA SUR reserves the right to restrict usage of the Website and/or services at any time and without prior notice, and to deny access at any time and without the need for prior notice to be served on any Users that are in breach of this Legal Notice or any other applicable standard.

i) Access to and/or usage of the Website and/or services entails acceptance by Users that ÁREA SUR does not acknowledge any warranty, whether explicit or implicit, and declines all liability as a result of access to or usage of, or impossibility or error in access to or usage of, the Website and/or services.

5. SECURITY MEASURES

In fulfilment of the regulations in force, ÁREA SUR has adopted the legally required security measures, and aims to install any other additional technical measures and resources available to it in order to avoid the loss, misuse, alteration, unauthorised access and theft of the personal data provided by Users. Users must nonetheless be aware that Internet security measures are not impregnable.

ÁREA SUR shall bear no liability for any possible damage or loss that might result from interferences, omissions, interruptions, computer viruses, telephony failures or disconnections in the operational functioning of this electronic system, for reasons not attributable to ÁREA SUR from delays or blockages in the use of this electronic system caused by deficiencies or overloading of telephone lines, the Internet system or other electronic systems, and any damage that might be caused by third parties by means of unlawful intrusions outside the control of ÁREA SUR.

Nonetheless, if Users publish personal information online that is accessible to the public, it is possible that they may receive unsolicited messages from other persons, and that their data may therefore become known to third parties.

Given all the above, the recommendation is that the utmost care be taken in this regard, employing all security tools available to Users, with ÁREA SUR accepting no liability for any unlawful theft, modification or loss of data.

6. INTELLECTUAL & INDUSTRIAL PROPERTY

The structure and content of the Website, including without any restriction all of its elements (texts, software, scripts, images, graphics, photos, sounds, music, videos, interactive functionalities and similar, and trademarks, trading names and/or logos, in addition to any other protected elements) are the property of ÁREA SUR or have been licensed to it, and are protected by exclusive IP rights that are exclusively reserved in favour of their respective holders.

An explicit prohibition specifically applies to any reproduction, distribution, transformation, public communication and/or making available in whole or in part of the aforementioned content or elements, irrespective of the medium employed, without the prior, express and written authorisation ÁREA SUR or, where applicable, the holder of the corresponding rights, with any Users contravening said provisions otherwise accepting any direct or indirect liability that might arise.

In no case shall it be deemed that access to and browsing of the Website or usage and/or acquisition of the services offered thereby would entail any waiver, transfer, licence or total or partial assignment of said reserved rights.

Users enjoy only a right of private, corporate, non-exclusive, non-transferable usage which may be revoked at any time, and is intended solely in order to facilitate browsing of the Website and the services provided in accordance with this Legal Notice, and with any other documents or current legislation that would apply.

Likewise, access to or use of the Website and/or services does not vest in Users any right over the trademarks, logos and/or distinctive signs contained therein and protected by Law.

Furthermore, references to trading names and brands or registered trademarks, logos or other distinctive signs, whether owned by […] or by third parties, inherently entails a prohibition on the use thereof without prior, express and written authorisation of ÁREA SUR or of their legitimate owners.

7. LAWFULNESS, RELIABILITY AND USEFULNESS

ÁREA SUR does not guarantee the lawfulness, reliability or usefulness of the services provided by third parties via the Portal.

ÁREA SUR declines any liability for any damage and harm of any kind that might result from the services provided by third parties via the portal, in particular, without being confined thereto, any damage or harm that might result from:

(a) a breach of the Law, morality and generally accepted decent practice or public policy as a consequence of the provision of services by third parties via the portal;

(b) an infringement of IP rights, corporate secrets, contractual commitments of any class, rights of reputation, personal and family privacy and personal image, ownership rights and any other rights belonging to a third party, as a consequence of provision of services by third parties via the portal;

(c) the execution of acts of unfair competition and unlawful advertising as a consequence of the provision of services by third parties via the portal;

(d) lack of accuracy, precision, comprehensiveness, relevance and/or updating of the content transmitted, distributed, stored, received, obtained, made available or accessible by means of services provided by third parties via the portal;

(e) lack of fitness for any purpose and failure to fulfil the expectations generated by the services provided by third parties via the portal;

(f) non-performance, delayed performance, defective performance or termination for any reason of obligations entered into by third parties and contracts executed with third parties in connection with or as a result of the provision of services via the portal;

(g) faults and defects of any kind in the services provided by third parties via the portal.

8. CONTENT OF THE WEBSITE AND LINKS.

ÁREA SUR accepts no liability for any misuse made of the content of the Website and/or services, as Users accessing or using them bear sole liability.

Likewise, ÁREA SUR accepts no liability for information contained on any third-party web pages that might be accessed by links or search engines from the Website. The presence of links on the Website is intended purely for information purposes, and in no case constitutes a suggestion, invitation or recommendation with regard thereto.

Any Users wishing to include a link to the Website on their web page must serve prior notice on ÁREA SUR and link directly to the homepage, without in any way reproducing elements that comprise the Website.

The inclusion of content or provision of services on third-party websites is strictly prohibited if it could in any way harm the image of […], which reserves the unilateral right to prohibit, restrict or demand the cancellation of any links pointing to the Website whenever it might deem so appropriate, merely by serving notice on the owner of the web page, without in this regard in any way being obliged to make payment of any compensation as a result thereof.

9. DATA IMPORTS AND SYNCHRONISATION WITH SOCIAL MEDIA OR APPLICATIONS.

The possibility of sharing content or any type of information via social media platforms, such as Facebook, is specifically enabled, with such activity being subject to the conditions of use and registration expressly established by said online platforms, without ÁREA SUR bearing any direct or indirect liability for the content published thereon by Users.

You must bear in mind that by accessing such networks you are leaving the Website and the environment within which the services are provided, in order to access an environment not controlled by ÁREA SUR. Consequently, ÁREA SUR declines all liability for any possible breaches of the security of such environments.

If this is incorporated within the Website and/or services, ÁREA SUR guarantees to you that it will take responsibility for security measures in accordance with the applicable regulations, in addition to any others that ÁREA SUR might diligently decide to implement, although it may under no circumstances be required to establish security measures other than those demanded by Law or standard practice.

ÁREA SUR declines all liability resulting from the exchange of information between Users via the Website. Responsibility for the statements issued and distribution of data provided on the Website lies in all cases with those performing such actions.

10. MODIFICATIONS TO THE LEGAL NOTICE.

ÁREA SUR reserves the right to modify this Legal Notice, without the prior need for express acceptance by Users, who shall be deemed automatically to have accepted the modifications made by continuing to access the Website and/or to use the services after the date of publication of said modifications. Users must otherwise immediately desist from accessing and/or using the Website and the services.

Users accept that the Spanish language version of this document shall prevail over any version hereof in any other language.

11. MISCELLANEOUS

  1. Should any clause contained in this Legal Notice be deemed wholly or partially null and void or unenforceable, said condition shall affect only that provision or part thereof that would be null and void, with all other terms remaining in place in full. All clauses must be interpreted independently and autonomously, none of the other provisions being affected in the event that any one of them might have been declared null and void by a binding court judgment or arbitration decision, in which case said provision must be replaced with one that would maintain the effects pursued by the Legal Notice.
  2. The headers of the different clauses are for information purposes only, and do not affect, qualify or extend the interpretation of the Legal Notice.
  3. Should […] fail to exercise or enforce any right or provision contained in this Legal Notice, this shall not constitute a waiver thereof, unless acknowledged and agreed in writing.

12. APPLICABLE LEGISLATION AND JURISDICTION.

This Legal Notice is governed by the applicable Spanish regulations in force.

For the resolution of any dispute that might arise as a consequence of the terms of these provisions, Users waive any other legal forum to which they might have been entitled, and accept the jurisdiction of the Courts of Madrid, Spain.

 

This document was updated most recently on December 13th, 2018