First - General Conditions
Access and use of the"www.chafiras.com" Portal (hereinafter, the portal) that LAS CHAFIRAS S.A (hereinafter, CHAFIRAS) makes available for Internet users, is subjected to the general conditions herein, which the user declares to know and hereby expressly and fully accepts from the moment of accessing the portal, this becoming a user of such portal. Therefore, any use of the portal implies accepting these conditions that the user undertakes to read every time they access the portal. Notwithstanding the foregoing, in some cases the user may be required to accept particular and specific conditions supplementing, replacing, or overriding, in whole or in part, the general conditions, which the user expressly declares to know and accept, within the same terms regulated in the paragraph above. Our contact information is:
Las Chafiras S.A
E-mail: firstname.lastname@example.org /> C/Chaveña, Parcela 2-3. Polg. Ind. Las Andoriñas - Las Chafiras
38639 San Miguel de Abona
Santa Cruz de Tenerife
These Conditions are aimed at regulating the access and use of the portal by visiting users, as well as the availability thereof, without cost unless provision to the contrary, of the information supplied, whether general or specific, or of the different contents offered and services supplied therein. General conditions are published in the portal under the heading ‘Legal Notice’.
These general conditions and the particular conditions that may be set forth, with the wording specified at any given point in time, have an indefinite duration and will be effective as long as the portal remains active. Likewise, access and use of the portal, and the resources offered therein, in principle, have an indefinite duration. However, CHAFIRAS reserves the right to suspend and/or cancel, unilaterally and at any time, the access to the portal or any of its sections and/or resources, without prior notice.
CHAFIRAS reserves the right to make unilateral changes at any time and without prior notice to these general conditions, as well as to the particular conditions that may eventually be set forth; the configuration, presentation and design of the portal or any comprising element; general or specific information and contents supplied and, in general, any other circumstance not expressly informed, including cancellation of the portal or any elements thereof. After any of the above-mentioned modifications have been implemented to the portal, any subsequent access of the user shall imply unconditional acceptance thereof.
Fifth.- User registration: Use of keywords and password
Prior registration by the user is not a requirement to access the portal. However, access to some (thematic) areas, services or resources of the portal will only be possible with prior registration of the user. After registration is completed, the user will select a keyword and password and include them in the form. In the case of keywords, the user may only use words, numbers or a combination of both, which are not contrary to law, moral, generally accepted good customs or public order. The use of keywords that in any way violate industrial and intellectual property rights, or that are equal or similar to company names or advertisements is forbidden unless well-founded.
The password is personal and non-transferable; therefore, it may not be transferred or shared; otherwise, the holder shall be held responsible. Please remember that the information you will be accessing to is to be used exclusively by you and your company. If you share that information with unauthorised persons, you may be in breach of the professional confidentiality set forth by Section 10 of Act 15/1999.
Therefore, the user undertakes to inform CHAFIRAS immediately about the loss of keywords and passwords, regardless of the reason thereof, as well as of any danger or loss of its confidential nature. The user shall be liable for any loss or damage caused by access confirmed through said credentials.
Sixth.- Portal use rules. Limitations.
The user undertakes to use the portal in full compliance with these general conditions, the particular conditions that may be subsequently set forth, as well as law, custom and public order. As a consequence, the user is required but not limited to:
- Not use the portal or the elements, information, content, and services included thereof, infringing the general and/or particular conditions, or the law, generally accepted good customs, and public order.
- Not affect the rights of any kind belonging to third parties.
- Not perform acts limiting or preventing the access and use of the portal under adequate conditions, by the other users.
- Not incur in illicit access to the portal or third-party computer systems, spread software or computer virus susceptible of causing damage to equipment or computer systems, regardless of their kind, and regardless of the legal status of their respective owners.
- Not use mechanisms different from those expressly authorised or recommended in the portal to obtain information, content, and services which are part thereof, when such action may have been authorised or be allowed by CHAFIRAS.
- Not send, under any circumstance, advertisements or marketing communications of any kind, or electronic messages not requested or authorised by their potential recipients, whether they are individual or chain messages. Moreover, the user undertakes to refrain from collecting or using distribution lists which may be accessible from the portal nor provide said lists or data included thereof, in any manner to third parties, regardless of the purposes.
- Not create hyperlinks or links between any webpage, including the user’s webpage or any site or space accessible from Internet and CHAFIRAS portal, unless CHAFIRAS has provided express and written authorisation, and under the conditions set forth in each case. The user who fails to comply with the provisions above shall be solely and exclusively liable for damages of any kind caused to CHAFIRAS or to third parties.
- Not perform activities that represent or may represent a damage or detriment of any kind for CHAFIRAS.
Failure to comply with these general conditions or with the particular conditions that may be specifically established shall entitle CHAFIRAS to deny access to the portal of the infringing user.
Seventh.- Industrial and Intellectual Property
All industrial and intellectual property rights of any kind of elements that are part of the portal, including but not limited to, on-screen interactive designs, graphic designs, drawings, image and sound files, photographs, infographics, user interface, thesaurus, index systems, etc., as well as general or specialised information, services and in general all content offered in said portal, including sections such as "El Cliente Opina” (Customer Opinion) "Preguntas Frecuentes” (FAQs) and "Solicítanos la tarjeta” (Request your card) required for public communication are exclusively owned by CHAFIRAS or have been licensed to CHAFIRAS by their respective owners. CHAFIRAS is the owner of all rights reserved and does not grant license or use authorisation thereof. The user undertakes not to infringe upon the rights referred to in the paragraph above, as well as using the portal and its different elements and content for their exclusive private use.
Therefore, the user shall not use the portal for, including but not limited to, business or commercial purposes, and shall not reproduce, copy or distribute in any way the elements, information, services and contents through public communication, nor shall bypass, delete, modify or manipulate the technical devices for portal protection or of those elements that are part of it; nor transform or modify them; or delete, modify or tamper, by any means, the "Copyright" of CHAFIRAS, regardless of the fact that such alterations affect the "©” symbol, the word "Copyright", the year of the first publication of the work or company name of CHAFIRAS, whether as a whole or individually, or any other element which may identify intellectual property rights of LAS CHAFIRAS S.A.
Notwithstanding the provisions included in these general conditions, or the particular conditions that may be set forth in the future, access and use of the portal, as well as of the information, services, and contents thereof, verified by the user, is exclusive and sole responsibility of the user, releasing CHAFIRAS of all liability for such facts. Such absolute liability waiver of CHAFIRAS also applies but is not limited to the following circumstances:
- Damages sustained by the user due to lack of availability or deficient operation of the portal and/or some or all elements, information, services, content, etc. or due to misrepresentation or inaccuracy of information contained therein.
- Damages sustained by the user from areas accessible through the Internet, such as webpages, etc., through hyperlinks or links included in the portal.
- Damages the user may sustain as a consequence of applying or using the advice collected from “project templates”, “questions and answers”, “product help”, or any other information, service or content available in the portal, even when that information or advice was inaccurate or contained errors or mistakes.
- Damages sustained by the user due to differences in prices of articles published in the portal, considering such prices are purely referential, and they do not necessarily have to match the current prices at the store or stores visited by the user. Likewise, there may be price differences between different stores, notwithstanding of the referential nature of prices.
- Damages derived from loss of information of users that, as a consequence of use of the portal or its different elements, may be stored by any reason in the computer systems of the user or in the portal.
- Damages sustained by the user as a consequence of the use of the portal against these general conditions or the particular conditions which may be set forth, or against law provisions, or customs and public order.
- Damages sustained by the user derived from misrepresentation or inaccuracy of information used by any user, whether these are true or not to actual third parties.
- Damages sustained by the user or caused by the user to third parties as a consequence of the use of keywords and access passwords affecting the provisions of general condition number five.
All notices to be sent by the user to CHAFIRAS; regardless if they are pursuant to these general conditions or to the particular conditions that may eventually be set, or any other circumstance where other notices must be sent, and regardless of the condition related to personal data, such information must be sent to the following e-mail address: email@example.com.Likewise, any other notice that CHAFIRAS must send to the user shall be directed to the e-mail address provided by that user. The user is considered to have voluntarily provided his e-mail address with the delivery of the notice to CHAFIRAS by that method, where the address is clearly identified.
Eleven.- Applicable law and jurisdiction
These general conditions and particular conditions that may be eventually established are governed by Spanish law. In case of dispute or controversy related to the application or interpretation or those conditions, both CHAFIRAS and the user undertake to submit to the Courts of Santa Cruz de Tenerife, and waive any objection to any other jurisdiction or venue that may be applicable thereto.