1. USE OF THE PORTAL
1.1. JOSE A. GARCÍA MOYA, S.L. (hereinafter, “ GARCÍA MOYA”), a company of Spanish nationality with Fiscal Identification Code B03049541 and registered address in c/ Cervantes s/n, Monforte del Cid, Alicante, Spain, informs its Users who accede to or use the services, applications, tools and, in general, contents included in this web site of the General Conditions applicable to the access and browsing of the same.
1.2. For the mere browsing and/or use of the Portal you acquire the condition of User of the same. Browsing in the Portal and the use of the same means your acceptance, as User, without any kind of reservation, of each and every one of the General Conditions.
1.3. GARCÍA MOYA may, at any moment and without prior notice, modify the presentation and configuration of the Portal, as well as these General Conditions, and introduce new conditions of use. The said modifications will be published in the corresponding place in the Portal in order that the User may be aware of them before proceeding with the use of the same. The use of the Portal once the general conditions have been modified will mean the acceptance by the said User of the General Conditions thus modified.
2. USERS OF THE PORTAL
2.1. By the use of the Portal, you state that you are over 18 years of age. In order to use the Portal, minors must obtain the prior permission of their parents, guardians or legal representatives, who will be considered responsible for all the actions taken by the minors in their charge.
2.2. GARCÍA MOYA may deny or withdraw access to the Portal at any time, and without the need for prior notice, for those Users who do not comply with that which is established in these General Conditions, the law, customs or public order.
3. POLICY FOR THE PROTECTION OF DATA OF A PERSONAL NATURE.
3.1. Data of a personal nature is not collected via this web site, except in the sense which is expressed below:
3.2. Via this Portal, the User may send an application for employment to GARCÍA MOYA, which is the holder of a file of data of a personal nature created for the purposes of receiving the said applications. Before sending data of a personal nature via the form made available for this purpose, the user must accept a legal warning in which he/she is informed of his/her rights in accordance with the Organic Law 15/1999, of 13 December regarding the Protection of Data of a Personal Nature, and the manner in which to exercise them.
3.3. Specifically, the User may exercise the rights recognised in the Organic Law 15/1999 via written communication attaching a copy of the front of his/her National Identity Document addressed to JOSE A. GARCÍA MOYA, S.L., c/ Cervantes s/n, 03670, Monforte del Cid, Alicante, Spain, with the reference “DATA PROTECTION”, or via the following electronic mail address stone@jagarciamoya.com .
3.4. GARCÍA MOYA undertakes in the use of the data included in the file, to respect their confidentiality and to use them in accordance with the purpose of the file, as well as to fulfil its obligation to keep them and adopt all the measures to avoid their alteration, loss, treatment or unauthorised access, in accordance with that established in the Royal Decree 1720/2007, of 21 December, which approves the Regulations for the development of the Organic Law 15/1999.
3.5. GARCÍA MOYA informs Users of the possible placing of cookies, which in no case store data of a personal nature. Should Users not wish to admit cookies, they should eliminate this possibility from their own browser. The non-admission of cookies may cause irregularities when browsing on the web site.
4. USER’S OBLIGATIONS
4.1. The User undertakes, in general, to use the Portal in a diligent manner, in accordance with the Law, morals, public order and that which is set out in these General Conditions, and should likewise abstain from using it in any way that may impede, damage or deteriorate its normal functioning and the enjoyment of the Portal by the Users or which may injure or cause damage to the assets and rights of GARCÍA MOYA, its suppliers, Users or in general any third party.
4.2. The User will respond for the damages and prejudicial circumstances of all kinds that GARCÍA MOYA may suffer directly or indirectly, as a consequence of non-compliance with any of the obligations deriving from the General Conditions in relation to the use of the Portal. Likewise, the user will safeguard GARCÍA MOYA against any sanction, claim or demand that may be brought by a third party, including any public organisation, against GARCÍA MOYA, its employees or agents as a consequence of the violation of any rights of third parties by the said User via the use of the Portal.
4.3. Moreover, and without this item limiting the general scope of the obligation set out in the previous paragraph, the User undertakes in the use of the Portal:
(a) Not to input or disseminate any information that may be defamatory, injurious, obscene, threatening, xenophobic, which may incite violence, which may incite discrimination owing to sex, race, ideology or religion or which in any way infringes against morals, public order, basic rights, public freedom, or the honour, privacy or reputation of third parties and in general current regulations.
(b) Not to input, store or disseminate via the Portal, any computer program, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or support that may cause damage in the Portal, or in any equipment, systems or networks of GARCÍA MOYA, of any other User, its suppliers or in general any third party, or which in another way is capable of causing them any type of alteration or impeding the normal functioning of the same.
(c) Not to use false identities nor impersonate the identity of others in the use of the Portal, including the use where applicable of passwords or access keys of third parties or in any other way.
(d) Not to conceal or falsify in any way the origin of electronic mail messages, not to intercept, erase or modify the electronic mail messages of other Users, nor to send spam messages.
(e) Not to destroy, alter, render unusable or damage the data, information, programs or electronic documents of GARCÍA MOYA, its suppliers or third parties.
(f) Not to use the Portal, the contents and in particular the information obtained via the Portal, to send publicity, to send messages for the purpose of direct sale or for any other commercial purpose, or to collect or store the personal data of third parties.
4.4. Should any User or a third party consider that facts or circumstances exist that reveal the illicit nature of the use of any Content and/or the carrying out of any activity in the Portal or accessible via the same, they should notify GARCÍA MOYA.
5. CUSTOMER SERVICES AND COMMUNICATIONS
5.1. For the purposes of these General Conditions, and for any communication that may be necessary between GARCÍA MOYA and the User, the latter should contact GARCÍA MOYA by electronic mail, sending a message to stone@jagarciamoya.com or by written communication addressed to JOSE A. GARCÍA MOYA, S.L., c/ Cervantes s/n, 03670, Monforte del Cid, Alicante, Spain. The User expressly accepts for all communications relating to the use of the Portal, the use of electronic mail as a valid procedure for the sending of the said communications.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY
6.1 The user recognises that all the elements of the Portal, the information and materials contained in the same, the brands, the structure, selection, arrangement and presentation of its content, and the computer programs used in relationship with them, are protected by the intellectual and industrial property rights of GARCÍA MOYA or of third parties, and that the use of the Portal does not attribute to the user with regard to the said industrial and intellectual property rights any other right except those specifically contemplated in the same.
6.2 Unless authorised by GARCÍA MOYA or where applicable by third parties holders of the corresponding rights, or unless it is legally permitted, the User may not reproduce, transform, modify, disassemble, carry out reverse engineering, distribute, hire, lend, make available, or allow access to the public via any public means of communication to any of the elements referred to in the previous paragraph. The User must use the materials, elements and information to which he/she accedes via the use of the Portal solely for his/her own needs, undertaking not to carry out directly or indirectly a commercial exploitation of the materials, elements and information obtained via the same.
6.3 The User must refrain from removing the signs identifying the rights (of intellectual or industrial property or any other) of GARCÍA MOYA or of third parties that are featured in the Portal. The User must refrain from evading or manipulating any technical devices established by GARCÍA MOYA or by third parties in the Portal.
6.4 It is in no case understood that any license is granted or any waiver, transfer, total or partial cession made of the said rights nor is any right or expectation of right conferred, and especially, for the alteration, exploitation, reproduction, distribution or public communication regarding the said contents without the prior express authorisation of GARCÍA MOYA or the corresponding holders.
6.5 No link may be established with the Portal from any other web without the prior and express consent of GARCÍA MOYA.
6.6 No link or relationship exists between GARCÍA MOYA and those Users and, in general, those persons who establish a hyperlink between their web page and the Portal, such persons being responsible for all the content that exists in their web page, absolving GARCÍA MOYA from any responsibility in which it may incur owing to the illicit content of the said web pages.
7. RESPONSIBILITY AND EXCLUSION OF GUARANTEES
7.1 Without prejudice to the responsibility for damages and prejudicial circumstances that may derive, GARCÍA MOYA may, immediately and without the need for prior notice, cancel and consider terminated its relationship with the User or interrupt his/her access to the Portal, if it detects a use of the Portal contrary to these General Conditions.
7.2 GARCÍA MOYA will only respond for those damages that the User may suffer as a consequence of the use of the Portal when the said damages are attributable to a malicious action by GARCÍA MOYA. The User recognises and accepts that the use of the Portal, as well as the acquisition of the Products offered therein is carried out at the full risk and the full responsibility of the User.
7.3 GARCÍA MOYA will comply with the security measures generally adopted in the sector to guarantee the confidentiality and security of the use of the Portal. However, GARCÍA MOYA cannot guarantee that unauthorised third parties do not have knowledge of the characteristics and circumstances of the use that the Users make of the Portal. GARCÍA MOYA will act diligently according to the uses generally accepted in the sector in order to avoid the presence in the Portal of virus or other harmful elements that may cause alterations in the computer system of the User, in his/her electronic documents or files, but it cannot guarantee the absence of such elements, not being responsible for the damages and prejudicial circumstances that this may cause.
7.4 GARCÍA MOYA does not take responsibility for the prejudicial circumstances that may derive from, merely by way of a list and not limited to: (i) inferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in the apparatus and computer equipment of the Users, owing to causes not related to GARCÍA MOYA, that impede or delay the provision of services or browsing on the system; (ii) delays or blockages in use caused by deficiencies or overloads on Internet or on other electronic systems; (iii) prejudicial circumstances that may be caused by third persons via illegal intromissions outside the control of the Portal and which are not attributable to GARCÍA MOYA; (iv) the impossibility of providing service or allowing access owing to causes not attributable to GARCÍA MOYA, owing to the User, to third parties, or causes of force majeure.
7.5 GARCÍA MOYA does not control, in a general manner, the use that the Users make of the Portal. In particular, GARCÍA MOYA does not guarantee under any circumstances that the Users use the Portal in accordance with the Law, these General Conditions, morals and generally accepted good practices and public order, or that they do so in a diligent and prudent manner.
7.6 Should technical linking devices (such as, among others, links, banners, buttons), directories and search tools be placed at the disposal of the Users that allow the Users to accede to web sites belonging to or managed by third parties, GARCÍA MOYA does not guarantee or assume any type of responsibility for the damages and prejudicial circumstances of all kinds that may be due to the functioning or accessibility of the linked sites, such as the quality, legality and utility of the information and contents and services that exist in the linked sites.
8. APPLICABLE LAW AND JURISDICTION
8.1 The stipulations contained in these General Conditions will be governed by and interpreted in accordance with Spanish legislation.
8.2 Unless expressly prohibited by Law, for the resolution of all contentious matters deriving from these General Conditions, or relative to the non-compliance, interpretation, termination or validity of any provision of the Portal, the parties, by common agreement, submit to the jurisdiction of the Judges and Courts of Alicante, with express waiver of any other jurisdiction which may correspond to them.