Elyman Iberica

Legal Notice

ELYMAN IBERICA S.L., hereinafter referred to as RESPONSIBLE, provides users with this document in order to comply with the obligations established in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), as well as to inform all users of the website about the conditions of use.

Any person accessing this website assumes the role of a user, committing to strict compliance with the provisions set forth herein, as well as any other applicable legal provisions.

ELYMAN IBERICA S.L. reserves the right to modify any type of information that may appear on the website, without any obligation to give prior notice or inform users of such obligations, understanding that it is sufficient to publish such modifications on the website of ELYMAN IBERICA S.L.

  1. IDENTIFYING INFORMATION

 

Legal name: ELYMAN IBERICA S.L.

Trade name: ELYMAN IBERICA S.L.

VAT number: B76806603

Address: C. Antonio Márquez Muñoz, 8, 29620 Torremolinos, Málaga

Email: PENDING

  1. PURPOSE

 

Through the Website, we offer users the possibility to access information about our services.

  1. PRIVACY AND DATA PROCESSING

 

When it is necessary to provide personal data to access certain content or services, users will guarantee their truthfulness, accuracy, authenticity, and validity. The company will give such data the appropriate automated treatment according to their nature or purpose, as indicated in the Privacy Policy section.

  1. INDUSTRIAL AND INTELLECTUAL PROPERTY

 

The user acknowledges and accepts that all the content displayed on the Website, especially designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible to industrial and/or commercial use, are subject to Intellectual Property rights and all the trademarks, trade names, or distinctive signs, as well as all the industrial and intellectual property rights over the content and/or any other elements inserted in the page, which are the exclusive property of the company and/or third parties who have the exclusive right to use them in economic transactions. Therefore, the user undertakes not to reproduce, copy, distribute, make available, or publicly communicate, transform, or modify such content, while keeping the company indemnified against any claim arising from the breach of such obligations.

Under no circumstances does access to the Website imply any type of waiver, transmission, license, or total or partial assignment of these rights, unless expressly stated otherwise. These General Terms of Use of the Website do not grant users any other right to use, modify, exploit, reproduce, distribute, or publicly communicate the Website and/or its content, different from those expressly provided herein. Any other use or exploitation of any rights will be subject to prior and express authorization specifically granted for this purpose by the company or the third-party owner of the affected rights.

The content, texts, photographs, designs, logos, images, computer programs, source code, and, in general, any existing intellectual creation on this Website, as well as the Website as a whole as a multimedia artistic work, are protected by copyright legislation on intellectual property. The company owns the elements that make up the graphic design of the Website, menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content of the Website, or in any case, has the corresponding authorization for the use of such elements. The content provided on the Website may not be reproduced in whole or in part, transmitted, or recorded by any information retrieval system in any form or by any means unless prior written authorization is obtained from the aforementioned Entity.

Likewise, it is prohibited to delete, circumvent, and/or manipulate the copyright, as well as technical protection devices or any information mechanisms that the content may contain. The user of this Website undertakes to respect the aforementioned rights and to avoid any actions that could harm them, reserving in any case the company’s exercise of any legal means or actions that correspond to the defense of its legitimate intellectual and industrial property rights.

  1. OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEBSITE

The User agrees to:

  1. Make appropriate and lawful use of the Website, as well as its content and services, in accordance with: (i) the applicable legislation at any given time; (ii) the General Terms of Use of the Website; (iii) generally accepted morals and good customs; and (iv) public order.
  2. Provide all the necessary technical means and requirements to access the Website.
  3. Provide accurate information when completing personal data forms on the Website and keep them updated at all times, ensuring that the provided information corresponds to the User’s current situation. The User will be solely responsible for any false or inaccurate statements made and for any damages caused to the company or third parties by the information provided.

However, in addition to the above, the User must also refrain from:

  1. Unauthorized or fraudulent use of the Website and/or its content for illegal purposes, contrary to the provisions of the General Terms of Use, harmful to the rights and interests of third parties, or that may in any way damage, disable, overload, deteriorate, or prevent the normal use of the services, documents, files, and all kinds of content stored on any computer equipment.
  2. Accessing or attempting to access restricted areas or resources of the Website without meeting the required conditions for such access.
  3. Causing damage to the physical or logical systems of the Website, its providers, or third parties.
  4. Introducing or spreading computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the company, its providers, or third parties.
  5. Attempting to access, use, or manipulate the company’s data, data from third-party providers, or other Users’ data.
  6. Reproducing, copying, distributing, allowing public access through any means of public communication, transforming, or modifying the content, unless authorized by the respective rights holder or legally permitted.
  7. Deleting, hiding, or manipulating intellectual or industrial property rights notices and other identifying data of the company or third parties incorporated into the content, as well as technical protection devices or any information mechanisms that may be inserted into the content.
  8. Obtaining or attempting to obtain the content using means or methods other than those made available 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 pose a risk of damage or disablement of the Website and/or its content.
  9. In particular, 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 type of material that:
    • In any way contradicts, disrespects, or violates constitutionally recognized fundamental rights and public liberties, international treaties, and other applicable legislation.
    • Induces, incites, or promotes criminal actions, denigration, defamation, violence, or actions that are contrary to law, morals, generally accepted good customs, or public order.
    • Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or status.
    • Incorporates, provides access to, or allows access to illicit, violent, offensive, harmful, degrading, or generally unlawful products, elements, messages, and/or services.
    • Induces or may induce an unacceptable state of anxiety or fear.
    • Induces or incites involvement in dangerous, risky, or harmful practices to health and mental balance.
    • Is protected by intellectual or industrial property laws belonging to the company or third parties, without having obtained the necessary authorization for the intended use.
    • Contradicts honor, personal and family privacy, or the image of individuals.
    • Constitutes any type of advertising.
    • Includes any type of virus or program that interferes with the normal functioning of the Website.

If a password is provided to access certain services and/or content of the Website, the User must use it diligently, keeping it secret at all times. Consequently, the User will be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, either temporarily or permanently, nor to allow access to said services and/or content by unauthorized persons. Likewise, the User is obligated to notify the company of any event that may involve the improper use of their password, such as theft, loss, or unauthorized access, in order to proceed with its immediate cancellation. Consequently, until the aforementioned notification is made, the company will be exempt from any liability that may arise from the improper use of the User’s password, and the User will be solely responsible for any illicit use of the content and/or services of the Website by any unauthorized third party. If the User negligently or intentionally fails to comply with any of the obligations established in these General Terms of Use, they will be liable for any damages and losses resulting from said non-compliance for the company.

  1. RESPONSABILITIES

 

Continuous access, proper visualization, downloading, or use of the elements and information contained on the website cannot be guaranteed, as they may be impeded, hindered, or interrupted by factors or circumstances beyond their control. The website is not responsible for any decisions made as a result of accessing the provided content or information.

The service may be interrupted, or the relationship with the user may be immediately terminated if it is detected that the user’s use of the website or any of the offered services is contrary to these General Terms and Conditions of Use. The website is not responsible for damages, losses, claims, or expenses arising from the use of the website.

The website will be responsible only for removing, as soon as possible, any content that may cause harm, provided that it is notified accordingly. In particular, the website will not be responsible for damages that may arise from:

  • Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blocks, or disconnections in the operation of the electronic system caused by deficiencies, overloads, and errors in telecommunication lines and networks or any other cause beyond the control of the company.
  • Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.
  • Improper or inadequate use of the website.
  • Security or navigation errors caused by a malfunction of the browser or the use of outdated versions. The website administrator reserves the right to partially or completely remove any content or information present on the website.

The company excludes any liability for damages and losses of any kind that may be due to the improper use of freely available services by the users of the website. Likewise, the company is exempt from any liability for the content and information that may be received as a result of data collection forms, which are solely intended for the provision of consultation and inquiry services. Furthermore, in the event of causing damages and losses due to illicit or incorrect use of said services, the user may be held liable for the resulting damages.

You will hold the company harmless against any damages and losses that may arise from claims, actions, or demands by third parties as a result of your access to or use of the website. Additionally, you agree to indemnify against any damages and losses resulting from your use of “robots,” “spiders,” “crawlers,” or similar tools used to gather or extract data or any other actions on your part that impose an unreasonable burden on the operation of the website.

  1. HYPERLINKS

 

The user agrees not to reproduce, in any way, including through a hyperlink, the website or any of its content without the express written authorization from the data controller.

The website may include links to other websites managed by third parties to facilitate the user’s access to information from collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of such websites and does not assume the role of guarantor or offering party regarding 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 homepage of the website solely for private and non-commercial use. Websites that include a link to our website must not misrepresent their relationship or claim to have been authorized for such a link, nor include trademarks, names, trade names, logos, or other distinctive signs of our company. They must not include content that could be considered distasteful, obscene, offensive, controversial, inciting violence or discrimination based on sex, race, or religion, contrary to public order, or illegal. They must not link to any page of the website other than the homepage. They must link to the actual address of the website without allowing the linking website to reproduce the website as part of its own website or within one of its frames or create a browser on any of the pages of the website. The company may request, at any time, the removal of any link to the website, after which it must be promptly removed.

The company cannot control the information, content, products, or services provided by other websites that have links to the website.

  1. DATA PROTECTION

 

To use certain services, the user must provide certain personal data in advance. The company will process this data automatically and apply the corresponding security measures, all in compliance with the GDPR, LOPDGDD, and LSSI. The user can access the policy followed in the processing of personal data, as well as the established purposes, under the conditions defined in the Privacy Policy.

  1. COOKIES

 

The company reserves the right to use “cookies” technology on the website to recognize the user as a frequent visitor and personalize their use of the website by preselecting their language or preferred or specific content.

Cookies collect the user’s IP address, and Google is responsible for processing this information.

Cookies are files sent to a browser through a web server to record the user’s browsing on the website when the user allows their reception. If desired, the user can configure their browser to be notified on-screen about the reception of cookies and to prevent the installation of cookies on their hard drive. Please refer to your browser’s instructions and manuals for further information.

Thanks to cookies, it is possible to recognize the browser of the computer used by the user in order to provide content and offer browsing preferences or advertisements desired by the user, tailor them to the demographic profiles of the users, measure visits and traffic parameters, and monitor progress and the number of entries.

  1. STATEMENTS AND WARRANTIES

 

In general, the content and services offered on the website are for informational purposes only. Therefore, no guarantee or representation is made regarding the content and services offered on the website, including but not limited to guarantees of legality, reliability, usefulness, truthfulness, accuracy, or marketability, except to the extent that such statements and warranties cannot be excluded by law.

  1. FORCE MAJEURE

 

The company will not be held liable in the event of service impossibility if it is due to prolonged interruptions in the power supply, telecommunications lines, social conflicts, strikes, riots, explosions, floods, acts and omissions of the government, or in general, any cases of force majeure or fortuitous events.

  1. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION

 

These General Terms and Conditions of Use, as well as the use of the website, will be governed by Spanish law. For the resolution of any dispute, the parties will submit to the Courts and Tribunals of the social domicile of the website’s data controller.

In the event that any provision of these General Terms and Conditions of Use becomes unenforceable or null under applicable law or as a result of a judicial or administrative decision, such unenforceability or nullity will not render these General Terms and Conditions of Use unenforceable or null as a whole. In such cases, the company will proceed to modify or replace said provision with another that is valid and enforceable and, to the extent possible, achieves the objective and purpose reflected in the original provision.

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