1) WHO WE ARE
Casa Tequilera Azteca S.L.U. (CTA) Address:Plaza de la Marina Española 4 Bajo 2, 28013, Madrid, Spain. Reg. San. 30.00011847/M Phone: +34 609 05 71 53 Email: email@example.com
2) ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE
This document (henceforth referred to as the “Legal Notice”) aims to regulate use of the web-based site (henceforth referred to as “the website”) made available to the public by CTA at the URL http://tequilaespinoza.d541.dinaserver.com (Espinoza Tequila is a brand owned by Casa Tequilera Azteca S.L.U.)
Use of the website by a third party shall render that party a User, and shall imply full and unconditional acceptance by the User of each and every one of the terms and conditions set forth in the present Legal Notice. Due to this we ask that Users read these terms and conditions carefully before making use of the website. If the User objects to the terms and conditions of the Legal Notice, he or she shall not have the right to use the website.
Likewise, mere use of and access to the website by the User presupposes acceptance of the present Legal Notice.
CTA may offer, via its website, services or products that may be subject to specific terms and conditions. The User shall be notified of these on an individual basis in each particular case.
3) PROPER USE OF THE WEBSITE
The User undertakes to use the website and its content and services in compliance with the law, this Legal Notice, commonly accepted standards of conduct and public policy. Accordingly, the User undertakes not to use the website or the services provided through it for illicit purposes or effects, or for purposes or effects that are contrary to the content of this Legal Notice, are harmful to the interests or rights of third parties or which may in any way harm, disable or deteriorate the website or its services, or impede normal use of the website by other Users.
Similarly, the User undertakes not to destroy, alter, render useless or in any way damage the electronic data, programs or documents and other material found on CTA’s website.
The User shall refrain from obtaining information, messages, pictures, sound and/or image files, photographs, recordings, software and, in general, any type of material accessible via the website or the services by any means other than those that have been made available to him or her or, in general, those habitually employed on the Internet, for any use other than those which are expressly permitted.
The User shall refrain from manipulating any data that identifies CTA and the services it offers on its website.
The User shall not provide any identification data in relation to him or herself that does not enable correct identification.
The User undertakes not to obstruct the access of other Users to the service by means of mass use of the IT resources employed by CTA to provide the service, and to refrain from engaging in any actions which damage, interrupt or generate errors on said systems.
The User undertakes not to introduce any programs, viruses, macros, applets, ActiveX controls or any other logic device or sequence of characters that give rise to or may give rise to any type of change to the IT systems belonging to CTA or to third parties. CTA reserves the right to deny or withdraw access to the website, at any time and without prior notice, to Users that fail to comply with this Legal Notice or with that which is applicable at the time in question. Similarly, CTA may deny or cancel the access of Users who infringe the rights or interests of third parties, or whose actions may in any way damage, disable, overload or deteriorate the website or its services or impede normal use or enjoyment of the website by other Users.
4) WEBSITE ACCESS AND USE
Provision of the web service by CTA shall be free of charge.
5) AGE OF MAJORITY
The User declares him or herself to be above the legal age of majority and possessed of sufficient legal capacity to be bound by this Legal Notice, and undertakes to make diligent use of the website, as well as of the information contained therein, in full compliance with applicable regulations.
6) INTELLECTUAL AND INDUSTRIAL PROPERTY
All website content, except where otherwise specified, is the exclusive and worldwide property of CTA, including but not limited to graphic designs, source code, logos, text, graphics, illustrations, photographs and other material contained on the website.
Likewise, all commercial trademarks, brands or distinguishing marks of any type contained within the website are protected by law.
CTA does not grant any type of licence or authorisation for personal use to the User over its intellectual and industrial property rights, or any other right related to the website and the services offered on it.
The User therefore acknowledges that the reproduction (except for private use), distribution, sale, transformation and, in general, any other form of exploitation, by any means, in whole or in part of the content of the website constitutes an infringement of the intellectual and/or industrial property rights of CTA or the content owner.
7) LIABILITY REGIME
7.1. Liability for Use of the website
The User shall be solely liable for any infringements that he or she may commit, or any damage he or she may cause arising out of use of the website. CTA and its partners, collaborators, employees, representatives and the companies in the group shall be held harmless for any liability that may arise out of the User’s actions.
Although CTA will employ all reasonable means and make every reasonable effort to provide reliable information on the website, this does not guarantee the absence of possible inaccuracies, errors and/or omissions, or the availability of the website and continued access to it. The User shall be solely liable for any claim or legal action, in or out of court, brought by third parties against CTA in relation to the User’s use of the website. Where applicable, the User shall bear all expenses, costs and indemnities incurred by CTA as a result of such claims or legal actions.
Moreover, the User accepts the above terms and conditions and undertakes to exercise utmost diligence and prudence when accessing the website or browsing through it, and when making use of the content and information provided on the website.
7.2. Liability for the functioning of the website
CTA does not control or guarantee the absence of viruses or any other item contained in the content which may give rise to changes in its IT system (software and hardware) or to the electronic documents and files stored in its IT system. CTA shall not be liable for damages of any nature arising out of the presence in the content of a virus or any other item that may give rise to changes in its IT system or to its Users’ electronic documents or files. Similarly, CTA shall assume no liability arising out of delays in or restrictions to the operational functioning of the electronic system caused by deficient or overloaded telephone lines or Internet services, or for any damage caused by unlawful interference by third parties that is beyond the control of CTA. CTA shall have the right, without prior notice, to temporarily halt access to the web due to maintenance work, repairs, updates or improvements.
CTA shall take all possible measures to ensure the security of the information provided by Users. Nevertheless, it cannot guarantee that data transmissions will be completely secure. Without prejudice to the levels of security required by law with respect to the protection of personal data and installation of all technical means and measures within its reach in order to avoid the loss, misuse, alteration, unauthorised access to and theft of provided data, the User knows and is aware that security in the Internet environment cannot be wholly guaranteed.
CTA shall not be held liable for damages of any kind arising out of a lack of veracity, accuracy, exhaustiveness and/or currency of website content.
7.3. Liability for links
The links contained on the website may direct the User to other websites managed by third parties.
With respect to third party sites, CTA declares that it does not offer or market the goods or services contained therein, nor does it control, supervise or approve the content or other material contained on such linked sites.
CTA shall not be held liable in relation to information found outside of its website which is not managed by CTA, as the function of any links that may appear is to inform the User of the existence of other sources of information on the subject that can be found on the Internet, which may supplement the information offered on this website. Said links do not constitute a suggestion, invitation or recommendation to visit the related sites, and therefore CTA shall not be liable for the outcome of using these hypertext links.
CTA shall not be held liable for the proper functioning of such links, for the outcome of using of said links, for the veracity or legality of the content or information that may be obtained or for any damages that may be incurred by the User in relation to the information found on the linked site. Similarly, third parties that wish to include a hypertext link to the website must obtain express written consent from CTA.
8) USER OBSERVATIONS
The User guarantees that all information, material or observations that do not constitute his or her own personal data and which are provided to CTA via its website shall not infringe the intellectual or industrial property rights of third parties, or violate any other legal instrument. The information, material or observations provided by the User to CTA shall not be considered confidential, and CTA reserves the right to use them as it deems fit.
8.1 POLICY REGARDING PERSONAL DATA OBTAINED THROUGH FORMS ON THE WEB SITE Notwithstanding those provisions indicated in each of the forms on the website, when users give their personal data they are expressly authorizing CTA to the processing of personal data for the purposes that the same are indicated in accordance with the provisions of Law 15/1999 of December 13, Protection of Personal Data and Law 34/2002, of July 11, Services Information Society and Electronic Commerce. CTA include data provided by the user in a file owned by CTA properly notified to the Data Protection Agency. CTA establish organizational, technical and security measures necessary to ensure that computer files, treatment centers, premises, equipment, systems, programs and persons involved in the processing of personal data must meet in the form provided by law and regulation. Users or their representative may exercise their rights of access, rectification, cancellation or opposition by ordinary mail to Casa Tequila Azteca S.L.U. residing at Spanish Marina Square 4 Low 2, 28013, Madrid, Spain.
9) CHANGES TO THE TERMS AND CONDITIONS OF USE
CTA reserves the right to unilaterally change, expand on or update, at any time and without prior notice, its website’s Legal Notice as well as its services. The User shall automatically be bound by the Legal Notice that is in force when he or she accesses the website. For this reason t User should read and accept said Legal Notice each time he or she wishes to use the site.
10) APPLICABLE LEGISLATION AND JURISDICTION
All disputes or claims arising out of the interpretation or execution of the present Legal Notice shall be governed by Spanish law and shall be subject to the jurisdiction of the Courts and Tribunals of Barcelona.