The following General Terms and Conditions (the “General Terms and Conditions”) govern access to and use of the website available under the domain “www.biobizz.com/es” (hereinafter, the “Website”), owned by “BIOBIZZ WORLDWIDE, S.L.” (hereinafter, “BIOBIZZ”).
In compliance with the duty to provide the information set out in article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the details identifying the owner of the Website are given below:
Proprietor: BIOBIZZ WORLDWIDE, S.L.
C.I.F [Número de Identificación Fiscal]: B-98076631
Registered office: Polígono Industrial Lezama-Leguizamón, C/ Gorbeia nº 11, (48450) Etxebarri – Bizkaia.
E-mail: info@biobizz.com
Telephone: +34 944 657 951
Registry data: Bizkaia Companies Register, volume 4460, folio 103, first entry on page BI-66653.
Access to and use of the contents and services of the Website confers the status of User of the Website (hereinafter, the “User”) and implies full and unreserved acceptance by the User of the General Conditions published at the time the User accesses the Website. These Conditions shall apply independently of the General Terms and Conditions of Business which, where applicable, are mandatory.
We recommend that Users carefully read the contents of the General Terms and Conditions each time they use the Website.
The latest version of the General Terms and Conditions can be consulted at any time at the website’s e-mail address. If the User decides not to accept these Conditions, he/she must refrain from accessing the Website and/or using the content and/or services available on the Website.
GENERAL CONDITIONS
I.- OBJECT OF THE CONDITIONS
The purpose of these General Terms and Conditions is to regulate access to and use of the Website. For the purposes thereof, the term “Website” shall be understood to mean:
Look and feel of screen interfaces, both from a static and dynamic perspective (i.e. navigation tree).
The elements integrated both in the screen interfaces and in the navigation tree, including, but not limited to, texts, images, sounds, databases, multimedia products, interpretations, artistic performances, submissions, photographs, broadcasting signals and, in general, all creations and objects expressed through any means or storage medium, currently known or to be invented in the future, whether or not they are protected by current legislation on intellectual or industrial property or by any other similar legislation (hereinafter, the “Contents”) and all those online services or resources that may be offered to users (hereinafter, the “Services”).
BIOBIZZ reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Content and Services incorporated therein. The user acknowledges and accepts that BIOBIZZ may, at any time, interrupt, deactivate and/or cancel any of the Content or Services included in the Website.
II.- USE OF COOKIES
BIOBIZZ uses cookies when a user browses its Website. These cookies are only associated with an anonymous user and their computer, and do not provide references that allow the name and surname of the user to be deduced.
BIOBIZZ cookies cannot read data from your hard drive or read cookie files created by other service providers.
BIOBIZZ encrypts the user’s identification data for greater security. Using cookies, BIOBIZZ can recognise registered users after they have registered for the first time, without them having to register each time they visit.
Although it is not necessary for the user to allow cookies to be installed in order to use our Website, refusing to install them may oblige the user to register each time he/she accesses a service that requires prior registration.
BIOBIZZ understands that browsing the Website implies acceptance of the collection and processing of this information. In any case, commonly used browsers contain a series of security functions that allow the user to block the use of cookies and/or other data collection systems of the browser.
III.- LEGAL INFORMATION ON THE COLLECTION OF PERSONAL DATA
The provisions of the Privacy Policy document will determine the processing of personal data that may be carried out through the Website.
IV.- OBLIGATION TO MAKE PROPER USE OF THE WEBSITE AND ITS CONTENTS
All the contents included in the Website are provided for information purposes only, and may in no case be used as a basis for appeals or claims, nor may they constitute a source of rights. BIOBIZZ reserves the right to modify the content of the website without prior notice.
The User undertakes to make appropriate use of the Website and the utilities made available to him/her in accordance with the Law, this legal document and the instructions and warnings that are communicated.
The User agrees to use the Website and all its contents only for lawful and permitted purposes that do not infringe current legislation and/or infringe the legitimate rights of BIOBIZZ or any third party and/or may cause direct or indirect damage or harm.
To this effect, the User will abstain from using any of the contents of the Website for illicit purposes or effects, prohibited in this Legal Document, harmful to the interests of third parties, or which, in any way, may damage, render useless, overload, deteriorate or impede the normal use of the Website.
In particular, by way of example and without limitation, 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 contravene, undermine or infringe fundamental rights and public freedoms recognised in the constitution or enshrined in international treaties and other legislation;
Induce, incite or promote criminal, denigratory, defamatory or violent actions or, in general, actions contrary to the law, morality, good customs or public order;
Induce, incite or promote discriminatory actions, attitudes or ideas on grounds of sex, race, religion, belief, age or status;
Include, make available or allow access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading and/or, in general, contrary to the law, morality, good customs or public order;
are false, ambiguous, inaccurate, exaggerated or untimely, so as to be misleading as to their purpose or as to the intentions or aims of the communicator;
Are protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorisation to carry out the use that he/she makes (or intends to make) of them;
violate the professional secrecy of third parties
are contrary to the rights to reputation, to personal and family privacy or to one’s own image;
in any way detract in any way from the credit of BIOBIZZ
violate the rules on secrecy of communications
constitute, where applicable, unlawful, misleading or unfair advertising and, in general, unfair competition
incorporate viruses or other physical or electronic elements that may damage or impede the normal functioning of the network, system or computer equipment (hardware and software) of BIOBIZZ or third parties or that may damage the electronic documents and files stored in said computer equipment.
cause difficulties in the normal functioning of the Service due to their characteristics (such as format, length, etc.);
THE USER UNDERTAKES NOT TO:
reproduce, copy, distribute, make available or in any other way communicate, transfer or modify the Contents, unless authorised by the owner of the corresponding rights or it is legally permitted;
delete, manipulate or in any way alter the copyright and other data identifying BIOBIZZ’s reservation of rights;
attempt to obtain the Contents by using means or procedures other than those which (as the case may be) have been made available for this purpose or have been indicated for this purpose on the Web Page where the Contents are located or, in general, those which are normally used on the Internet for this purpose, provided that they do not entail a risk of damage or disablement of the Web Page, the Services and/or the Contents.
The user shall be liable for damages of any kind that BIOBIZZ may suffer, directly or indirectly, as a result of a breach of any of the obligations arising from the General Terms and Conditions or the law in relation to the use of the Website.
V.- REGISTRY
BIOBIZZ may require you to submit a registration form in order to access certain Content and/or Services. In this case, the User shall provide the requested information. In connection with the registration process, the User is obliged to:
provide correct, accurate and complete information about their identity and
update the registration data so that it remains correct, accurate and complete.
Online registration and participation is limited to persons over 18 years of age. Minors must have the legal consent of their parents or guardians, who will be held responsible for the acts carried out by the minors in their care, in accordance with current legislation.
For user names or passwords, the User may not choose words and/or expressions which, in general, are contrary to the law or to moral obligations and good customs and, in general, words and/or expressions which are protected by any right preventing their use by the User. To this end, the User may not choose words or expressions that are offensive, insulting, slanderous, identical or similar or that coincide in any way with distinctive signs, company names or names, surnames, artistic names and/or pseudonyms of third parties.
If the User provides any false, inaccurate or incomplete information, or BIOBIZZ has sufficient reason to suspect that such information is false, inaccurate or incomplete or contrary to the law or to moral obligations and good customs, in accordance with the provisions of the previous paragraph, BIOBIZZ shall have the right to cancel the registration and deny access and use, present and future, of the Website or any of the Content and/or Services incorporated therein.
The User undertakes to make diligent use of his or her user name and password and to keep both secret. It is the sole responsibility of the User to maintain the secrecy of his or her user name and password, assuming personal responsibility for the activities that are carried out or that take place through their use.
The User may cancel and deactivate his/her registration at any time by using his/her user name or password. The User acknowledges and agrees that BIOBIZZ reserves the right to cancel registrations that remain inactive for a reasonable period of time.
VI.- INTELLECTUAL AND INDUSTRIAL PROPERTY
All Website Content (understood to include text, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio content, as well as graphic design and source codes) are the intellectual property of BIOBIZZ or third parties, and none of the exploitation rights recognised by current legislation on intellectual property over them may be understood to be transferred to the User, except those that are strictly necessary for the use of the Website.
The trademarks, trade names or logos are owned by BIOBIZZ or third parties, and access to the Website shall not be construed as conferring any rights over such trademarks, trade names and/or logos.
VII.- INTRODUCTION OF LINKS TO THE WEBSITE
Users wishing to link from their own web pages to the Website must comply with the conditions described below, ignorance of which does not constitute an excuse for avoiding legal liability:
The link will only link to the home page of the Website, without being able to reproduce it in any way (online links, copy of texts, graphics, etc.).
In accordance with the applicable legislation in force at all times and under all circumstances, it is forbidden to establish frames of any kind that surround the Website or allow the display of its Contents through Internet addresses other than those of the Website itself and, in any case, when they are displayed together with contents outside the Website in such a way that (I) produces, or may produce, error, confusion or deception in Users as to the true origin of the service or Contents; (II) involves an act of unfair comparison or imitation; (III) serves to exploit the reputation and prestige of the BIOBIZZ brand; or (IV) engages in any other form of activity prohibited by applicable law.
The page providing the link may not make any false, inaccurate or incorrect statements about BIOBIZZ, its partners, employees or customers, or about the quality of the services it provides.
Under no circumstances shall it be stated on the page where the link is located that BIOBIZZ has given its consent to the inclusion of the link or that it otherwise sponsors, collaborates with, verifies or supervises the services of the sender.
The use of any word, graphic or mixed mark or any other distinctive sign of BIOBIZZ within the sender’s website is prohibited except in cases permitted by law or expressly authorised by BIOBIZZ and provided that it is permitted, in this case, by means of a direct link to the website in the manner established in this section.
The page that establishes the link must comply faithfully with the law and may not under any circumstances provide or link to content, either its own or that of third parties, which: (I) are unlawful, harmful or contrary to morality or decency (pornography, violence, racism, etc.); (II) create or may create the false impression that BIOBIZZ subscribes to, endorses, adheres to or in any way supports the ideas, statements or expressions, whether unlawful or not, expressed by the sender; (III) are inappropriate or irrelevant to the activity of BIOBIZZ due to the location, content or theme of the sender’s website.
VIII.- LIMITATION OF LIABILITY
BIOBIZZ makes every effort to avoid any errors in the content of the website, but does not guarantee and is not responsible for any errors in the content of the website.
BIOBIZZ shall not be liable for damages of any kind arising from:
Interruption of service or access problems to the Website.
The privacy and security of the User in the use of the Website and/or unauthorised access by unauthorised third parties.
The possible transmission of elements adversely affecting computer systems.
The accuracy, completeness and timeliness of the contents of the Website.
BIOBIZZ expressly disclaims any liability for errors or omissions in the information contained on the Website, as well as for the accuracy, correctness, completeness, relevance or timeliness of the Content.
Unauthorised access and modification of data stored and transmitted through the Website or the provision of such services.
The absence of viruses or other elements in the contents that may cause alterations in your computer system (software and hardware) or in the electronic documents or files stored in your computer system.
The Web access service includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, “Linked Sites”). In these cases, BIOBIZZ acts as an intermediary service provider in accordance with Article 17 of Law 34/2003, of July 12, 2003, on Information Society Services and Electronic Commerce (LSSI), and will only be responsible for the content and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, he/she may notify BIOBIZZ in accordance with the procedure established in clause 6, without this notification in any case entailing the obligation to remove the corresponding link.
Under no circumstances should the existence of Linked Sites presuppose the existence of agreements with the managers or owners thereof, nor the recommendation, promotion or identification of BIOBIZZ with the statements, content or services provided.
BIOBIZZ has no knowledge of the content and services of the Linked Sites and, therefore, is not liable for any damage caused by the unlawfulness, quality, failure to update, unavailability, error or uselessness of the content and/or services of the Linked Sites or for any other damage that is not directly attributable to BIOBIZZ.
IX.- VALIDITY AND MODIFICATION OF THE GENERAL CONDITIONS
The legal relationship deriving from access to and use of the Website as well as the Content and Services incorporated therein is of indefinite duration. In addition, either party may unilaterally terminate or suspend this contractual relationship at any time without any cause other than its own will.
The Terms and Conditions contained in this Legal Notice are effective as of the date of its latest version and may be modified by BIOBIZZ at any time and without prior notice, in which case the new modifications will be effective as of that day and will be applicable to all users.
X.- LAW AND JURISDICTION
These General Terms and Conditions shall be governed by and construed in accordance with current Spanish law.
Unless otherwise provided by law, the parties submit to the Courts and Tribunals of the city of Bilbao (Spain) for the interpretation or execution of what is established herein, expressly waiving any other jurisdiction that may correspond to them. If any provision of these terms and conditions is held to be invalid, the remaining provisions shall remain valid and shall be interpreted in such a way as to reflect the intention of the parties and the purpose of the provisions themselves.
