The website
horiana.es (hereinafter, the “Website”) is owned by Cima Óleo, S.L. (hereinafter, the “COMPANY”), with its registered office at C/ Las Camelias, 14 – 14900 Lucena (Córdoba) and Tax Identification Number (CIF) B56068679.
Cima Óleo, S.L. welcomes you and invites you to read carefully the General Terms of Use of this Website (hereinafter, the “General Terms of Use”), which set out the terms and conditions that will apply to your browsing of it, in accordance with the provisions of the applicable Spanish legislation. As the Company may amend these Terms of Use in the future, we recommend that you consult them periodically in order to remain duly informed of any changes made.
With the aim of ensuring that the use of the Website meets the criteria of transparency, clarity and simplicity, Cima Óleo, S.L. informs the User that any suggestion, question or query regarding the General Terms of Use will be received and resolved by contacting the Company at the email address
[email protected].
Purpose
Cima Óleo, S.L. provides the content and services available on the Website subject to these General Terms of Use and to the policy on the processing of personal data (hereinafter, the “Data Protection Policy”). Accessing or using this Website in any way confers on you the status of “User” and implies the unreserved acceptance of each and every one of these General Terms of Use, the Company reserving the right to amend them at any time. Accordingly, it shall be the responsibility of every User to read carefully the General Terms of Use in force on each occasion on which they access this Website; consequently, if the User does not agree with any of the terms set out herein, they must refrain from using this Website.
Likewise, you are hereby advised that specific conditions may, on occasion, be established for the use of particular content and/or services on the Website; the use of such content or services shall imply acceptance of the specific conditions set out therein.
Services
Through the Website, Cima Óleo, S.L. offers Users the possibility of accessing: Information about the Company, its contact details, its products and services, its rates, its commercial offers and its location – A contact section for submitting enquiries by providing their personal data – Links to access social networks (hereinafter, the “Services”).
Privacy and data processing
Where the provision of personal data is required in order to access certain content or services, Users shall guarantee that such data are truthful, accurate, authentic and up to date. The Company shall subject such data to the automated processing appropriate to their nature or purpose, under the terms set out in the Data Protection Policy section.
Industrial and intellectual property
The User acknowledges and accepts that all the content displayed on the Website, and in particular designs, texts, images, logos, icons, buttons, software, trade names, trade marks or any other signs capable of industrial and/or commercial use, are subject to Intellectual Property rights, and that all trade marks, trade names or distinctive signs, and all industrial and intellectual property rights in the content and/or any other elements inserted on the page, are the exclusive property of Cima Óleo, S.L. and/or of third parties, who hold the exclusive right to use them in the course of trade. Accordingly, the User undertakes not to reproduce, copy, distribute, make available or in any other way communicate to the public, transform or modify such content, and to hold the Company harmless from any claim arising from the breach of such obligations. Under no circumstances shall access to the Website imply any kind of waiver, transfer, licence or assignment, whether total or partial, of such rights, unless expressly stated otherwise. These General Terms of Use of the Website do not confer on Users any right to use, alter, exploit, reproduce, distribute or communicate to the public the Website and/or its Content other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for that purpose by Cima Óleo, S.L. or by the third party holding the rights concerned.
The content, texts, photographs, designs, logos, images, computer programs, source code and, in general, any intellectual creation existing on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected by copyright under intellectual property legislation. Cima Óleo, S.L. is the owner of the elements that make up the graphic design of the
Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any event, holds the corresponding authorisation to use such elements. The content provided on the Website may not be reproduced, in whole or in part, nor transmitted or recorded by any information retrieval system, in any form or by any means, without the prior written authorisation of the aforementioned Entity.
Likewise, it is prohibited to remove, circumvent and/or tamper with the “copyright” or the technical protection devices or any information mechanisms that the content may contain. The User of this Website undertakes to respect the rights set out above and to refrain from any action that could harm them, the Company reserving in all cases the right to exercise all such means or legal actions as may be available to it in defence of its legitimate intellectual and industrial property rights.
Obligations and responsibilities of the Website User
The User undertakes to:
- Make appropriate and lawful use of the Website, as well as of its content and services, in accordance with: (i) the legislation applicable at any given time; (ii) the General Terms of Use of the Website; (iii) generally accepted morals and good customs; and (iv) public order.
- Obtain all the technical means and requirements necessary to access the Website.
- Provide truthful information when completing the forms on the Website with their personal data, and keep such data up to date at all times so that they reflect, at any given moment, the User’s actual situation. The User shall be solely liable for any false or inaccurate statements they make and for any losses and damages caused to the Company or to third parties by the information they provide.
Notwithstanding the provisions of the preceding section, the User shall also refrain from:
- Making unauthorised or fraudulent use of the Website and/or its content for unlawful purposes or with unlawful effects, which are prohibited by these General Terms of Use, which are detrimental to the rights and interests of third parties, or which may in any way damage, disable, overload, impair or prevent the normal use of the services or of the documents, files and any kind of content stored on any computer equipment.
- Accessing or attempting to access restricted resources or areas of the Website without meeting the conditions required for such access.
- Causing damage to the hardware or software systems of the Website, its suppliers or third parties.
- Introducing or spreading on the network computer viruses or any other hardware or software systems that are capable of causing damage to the hardware or software systems of the Company, its suppliers or third parties.
- Attempting to access, use and/or manipulate the data of the Company, third-party suppliers and other Users.
- Reproducing or copying, distributing, allowing public access through any form of communication to the public, transforming or modifying the content, unless authorised by the holder of the corresponding rights or legally permitted.
- Removing, concealing or tampering with notices regarding intellectual or industrial property rights and other data identifying the rights of the Company or of third parties incorporated into the content, as well as the technical protection devices or any information mechanisms that may be inserted in the content.
- Obtaining or attempting to obtain the content by means or procedures other than those which, as the case may be, have been made available for this purpose or expressly indicated on the web pages where the content is located or, in general, those commonly used on the Internet as they do not entail a risk of damage to or disablement of the website and/or the content.
- In particular, and merely by way of example and without limitation, the User undertakes not to transmit, disseminate or make available to third parties any 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 contravenes, disparages or infringes the fundamental rights and public freedoms recognised by the Constitution, by International Treaties and by the rest of the legislation in force.
- Induces, incites or promotes criminal, denigrating, defamatory or violent actions or, in general, actions contrary to the law, to morals, to generally accepted good customs or to public order.
- Induces, incites or promotes discriminatory actions, attitudes or thoughts on the grounds of sex, race, religion, beliefs, age or status.
- Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, to morals and to generally accepted good customs or to public order.
- Induces or may induce an unacceptable state of anxiety or fear.
- Induces or incites involvement in practices that are dangerous, risky or harmful to health and psychological well-being.
- Is protected by intellectual or industrial property legislation and belongs to Cima Óleo, S.L. or to third parties, without the intended use having been authorised.
- Is contrary to the honour, personal and family privacy or personal image of individuals.
- Constitutes any kind of advertising.
- Includes any kind of virus or program that prevents the normal operation of the Website.
If, in order to access any of the services and/or content of the Website, you are provided with a password, you undertake to use it diligently and to keep it secret at all times. Accordingly, you shall be responsible for its proper safekeeping and confidentiality, and you undertake not to assign it to third parties, whether temporarily or permanently, or to allow access to the aforementioned services and/or content by outside persons. Likewise, you undertake to notify the Company of any event that may constitute misuse of your password, such as, by way of example, its theft, loss or unauthorised access, so that it may be cancelled immediately. Consequently, until you make such notification, Cima Óleo, S.L. shall be exempt from any liability that may arise from the misuse of your password, and you shall be liable for any unlawful use of the content and/or services of the Website by any unauthorised third party.
If you negligently or wilfully breach any of the obligations set out in these General Terms of Use, you shall be liable for all losses and damages that such breach may cause to Cima Óleo, S.L.
Liability
Cima Óleo, S.L. does not guarantee continuous access to, nor the correct display, downloading or usefulness of, the elements and information contained on the pages of the Website, which may be prevented, hindered or interrupted by factors or circumstances beyond its control.
Cima Óleo, S.L. accepts no responsibility for any decisions that may be taken as a result of accessing the content or information provided.
Cima Óleo, S.L. may interrupt the service or immediately terminate its relationship with the User if it detects that the use made of its Website or of any of the services offered on it is contrary to these General Terms of Use. The Company accepts no liability for any damages, harm, losses, claims or expenses arising from the use of the Website. It shall only be responsible for removing, as soon as possible, any content that may cause such harm, provided that it has been notified accordingly. In particular, it shall not be liable for any harm that may arise from, among other things:
- interference, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the Company’s control.
- unlawful intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.
- undue or improper misuse of the Website.
- security or browsing errors caused by a malfunction of the browser or by the use of outdated versions of it. The administrators of the COMPANY reserve the right to withdraw, in whole or in part, any content or information on the Website.
Cima Óleo, S.L. excludes any liability for losses and damages of any kind that may result from the misuse, by Website Users, of the services that are freely available for their use. Likewise, the Company is exempt from any liability for the content and information that may be received through the data collection forms, these being intended solely for the provision of the service of answering enquiries and questions. Furthermore, should the User cause losses or damages through the unlawful or improper use of such services, the Company may claim from the User compensation for the losses or damages caused.
You shall defend, indemnify and hold the Company harmless against any losses and damages arising from claims, actions or proceedings brought by third parties as a result of your access to or use of the Website. Furthermore, you undertake to indemnify Cima Óleo, S.L. against any losses and damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools employed for the purpose of collecting or extracting data, or from any other action on your part that imposes an unreasonable burden on the operation of the Website.
Hyperlinks
The User undertakes not to reproduce in any way, not even by means of a hyperlink or hypertext link, the Website of Cima Óleo, S.L., or any of its content, unless expressly authorised in writing by the Company.
The Website of Cima Óleo, S.L. includes links to other websites managed by third parties in order to facilitate the User’s access to information about partner and/or sponsoring companies. Accordingly, the Company accepts no responsibility for the content of such websites, nor does it act as guarantor and/or as a party offering the services and/or information that may be offered to third parties through third-party links.
The User is granted a limited, revocable and non-exclusive right to create links to the home page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not imply that the Company endorses that website or its services or products; (ii) may not misrepresent their relationship with the Company or state that the Company has authorised such a link, nor include trade marks, names, trade names, logos or other distinctive signs of the Company; (iii) may not include content that may be considered in bad taste, obscene, offensive or controversial, that incites violence or discrimination on the grounds of sex, race or religion, or that is contrary to public order or unlawful; (iv) may not link to any page of the Website other than the home page; (v) must link to the Website’s own address, without allowing the linking website to reproduce the Website as part of its own website or within one of its “frames”, or to create a “browser” over any of the pages of the Website. Cima Óleo, S.L. may request, at any time, that you remove any link to the Website, whereupon you must remove it immediately. The Company cannot control the information, content, products or services provided by other websites that have established links to the Website.
Consequently, Cima Óleo, S.L. accepts no liability whatsoever for any aspect relating to such websites.
Data protection
In order to use some of the Services, Users must first provide certain personal data. To this end, Cima Óleo, S.L. will process the Personal Data by automated means in compliance with the legislation on the Protection of Personal Data. For this purpose, the User may consult the policy followed in the processing of personal data, as well as the purposes previously established, under the conditions defined in the Data Protection Policy presented on this Website.
Cookies
Cima Óleo, S.L. reserves the right to use “cookie” technology on the Website in order to recognise you as a frequent User and to personalise your use of the Website by preselecting your language or the most desired or specific content. The “cookies” used by the Website, or by the third party acting on its behalf, are associated solely with an anonymous user and their computer, and do not in themselves provide the user’s personal data.
Cookies are files sent to a browser by a web server in order to record the User’s browsing on the Website, where the User allows them to be received. In turn, you may delete “cookies”, for which you should consult the instructions for use of your browser.
Thanks to cookies, the Company is able to recognise the browser of the computer used by the User in order to provide content and display their browsing and advertising preferences, as well as to recognise their demographic profiles in order to measure visits and traffic parameters, and to monitor progress and the number of entries.
Duration and termination
The provision of the service of this Website and of the other services is, in principle, of indefinite duration. However, the Company may terminate or suspend any of the services of the portal. Whenever possible, the Company will give notice of the termination or suspension of the provision of the service concerned.
Representations and warranties
In general, the content and services offered on the Website are for information purposes only. Consequently, in offering them, Cima Óleo, S.L. gives no warranty or representation whatsoever in relation to the content and services offered on the Website, including, by way of example, warranties of lawfulness, reliability, usefulness, truthfulness, accuracy or merchantability, except to the extent that such representations and warranties cannot be excluded by law.
Force majeure
Cima Óleo, S.L. shall in no event be liable for any inability to provide the service if this is due to prolonged interruptions in the electricity supply or telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government and, in general, all cases of force majeure or fortuitous events.
Dispute resolution. Applicable law and jurisdiction
These General Terms of Use, as well as the use of the Website, shall be governed by Spanish law, which shall apply to any matter not provided for in these terms as regards their interpretation, validity and performance.
Cima Óleo, S.L. and the User, expressly waiving any other jurisdiction to which they may be entitled, submit to the Courts and Tribunals of CÓRDOBA for any dispute that may arise from the existence, interpretation or application of these General Terms, except in cases where the user qualifies as a consumer or user under the applicable laws, in which case this clause shall not apply.
In the event that any provision of these General Terms of Use should prove unenforceable or null and void under the applicable legislation or as a result of a judicial or administrative decision, such unenforceability or nullity shall not render these General Terms of Use unenforceable or null and void as a whole. In such cases, Cima Óleo, S.L. shall amend or replace that provision with another that is valid and enforceable and that, as far as possible, achieves the objective and intention reflected in the original provision.
INFORMATION CLAUSE ON THE SENDING OF ADVERTISING
In compliance with the legislation in force on the Protection of Personal Data, we inform you that the personal data you provide to us through the corresponding form on our website will be processed by Cima Óleo, S.L. for the purpose of sending advertising about products and/or services provided by the entity.
The personal data provided will be retained for as long as the data subject does not request their erasure, for as long as the relationship between the parties is maintained, or for the period established by the legislation applicable to the matter. The legal basis for the processing of the data is the consent given by the data subject. Data will not be disclosed to third parties unless required by law.
The data subject may exercise the rights of access to their personal data, rectification, erasure (right to be forgotten), restriction of processing, objection and portability, and the right not to be subject to automated individual decision-making, as well as the right to withdraw consent. To do so, they may write to Bulevar Los Santos, 103 – 14900 Lucena (CÓRDOBA) or send an email to
[email protected], enclosing a document proving their identity. In addition, the data subject may contact the competent data protection supervisory authority to obtain further information or to lodge a complaint.
