CONDITIONS OF USE OF "GEMINA.ES" WEBSITE
The use of the website is equally subjected to all advertisements, use regulations and instructions reported to the user by GEMINA, that replace, complete and/or modify the present Use Conditions. By using this website or any of the sites included in this website, users confirm their acceptance of the present Use General Conditions.
Therefore, if you are not agree with the considerations detailed in this Legal Notice and Use Conditions, please do not use the Website, considering that, otherwise, any use you do of the website or its services and contents will mean the acceptance of the legal terms of GÉMINA website.
GÉMINA reserves the right to make changes without notice in its website, with the objective of updating, increasing, correcting or modifying the Website contents or its design. The Contents and services of the website are updated regularly. Due to the updating of information is not immediate, we suggest that you always check the validity and the precision of information, services and contents in the website when you consult it. You can check it by clicking the "update" button in your browser or by pressing the F5 key on your keyboard. Moreover, the conditions and terms of this Legal Notice may vary; therefore, we suggest you check the legal terms when you visit again this website.
The user compromises to use GÉMINA Services in accordance with the terms stated in this present Legal Notice and Use Conditions, as any other regulation or policy stablished in the website, being responsible of its correct use.
The user compromises not to use GÉMINA website or any of its contents or integral parts (texts, meta tags, source code, etc. ) design or structure for provision of services, realization of marketing activities or commercial exploitation through any kind of media or communication network, without previous express and written authorization of the company.
Veracity of the data provided by Users
For having access to the products and/or services offered in the website, a previous registration of the user is required. Therefore, users must register, by reading and accepting previously all the website legal policies. In any case, such policies must be accepted prior to asking for any provision of services or sale of any good.
All the information provided by users must be truthful. To that effect, the user guarantees the authenticity of all data provided as a consequence of filling the documents required for his registration and for accessing the services offered by GÉMINA. The User agrees to be entirely responsible for ensuring all the information sent to GEMINA is permanently updated and answers, at any time, at his actual situation. In any case, the User will be solely responsible for any false or inexact declarations and the damages caused to the company for the information provided, and in particular, he will be responsible for the impossibility of carrying out the correct provision of a service if it is due to the information provided to GÉMINA is false, imprecise or insufficient.
The User or any third party who will send communications to this website or its owners, will be responsible of the content, veracity and precision of the communications; therefore, the company does not take responsibility for other person's information and contents. In view of the above and in compliance with Article 11, 16 and concordant of Law 34/2002, on Services of Information Society and Electronic commerce, GÉMINA is at the disposition of users, authorities and security forces for an active collaboration to remove or block all the contents which could affect or contravene national or international law, rights of third parties or public morals and order. If the User considers there is any content subject to this classification in the website, please notify the website's owner immediately.
Use of messaging service, and integration systems of social networks
GÉMINA is not responsible for the contents that, infringing the present general use conditions or any other conditions which can regulate the services offered in this website, may be send. The user is responsible for the veracity and lawfulness of those contents.
GÉMINA is not responsible for any use that may be made of this site or the contents that may be sent and/or displayed through applications such as instant messaging system (chat or similar), plugins or widgets of social networks or any providers of information society services. None of the information and/or contents that may be introduced or displayed through these applications can be considered as Gémina information or Gémina may be responsible for these information and/or contents.
Nevertheless, GÉMINA reserves the right to withdrawn the access to the above mentioned applications and resources if they are used illegally, referring to the introduction of illegal contents or contents opposing to morality and public order, as well as use them to damage the image of the company, in accordance with the Law 34/2002, on Services of Information Society and Electronic commerce.
Use of website contents
The user agrees not to use GÉMINA ecommerce portal or the services offered in this for any activity contrary to law, morality and public order or detrimental to the rights and interests of third parties or that may damage, disable, overcharge, deteriorate or stop the normal use of www.gemina.es website or its associated domains.
The user who will act against the image, name or reputation of GÉMINA, or who will use illegally or fraudulently the designs, logos, brands or contents of the website and/or infringe its intellectual and industrial property rights or its contents and services, will be liable to GÉMINA for its own acts. For the purposes of this article, contents mean the texts, photographs, graphics, pictures, icons, technology, software, links and the rest of audiovisual or audio content, as its graphic design and source code. In particular, the user agrees to refrain from:
- Reproduce, copy, distribute or make available or, in any other way, make public, transform or modify GÉMINA contents, without previous written authorisation of the holder of the corresponding rights or without being legally allowed;
- Delete, manipulate or modify the "copyright" and any other identifying data of the reservation of rights of GÉMINA or its holder (GÉMINA PROCESOS ALIMENTARIOS, S.L.)
Rights of intellectual property and industrial property
The design and source code of the website, as the totality of contents, logos, brands, trade names and distinctive signs in the website are protected by the corresponding rights of intellectual and industrial property and belong to GÉMINA PROCESOS ALIMENTARIOS, S.L. who is owner of www.gemina.es. Likewise, the pictures, logos, texts and tunes, etc., found in the server of GÉMINA are protected by the corresponding rights of intellectual and industrial property. At no time, the use or access to GÉMINA website and/or the services offered in it can be understood as attributing to the user any right over the aforementioned brands, trade names and/or distinctive signs.
Its use, reproduction, distribution, public communication, modification or any other similar or equivalent activity is totally forbidden without express previous written authorization of GÉMINA PROCESOS ALIMETARIOS, S.L. The user license of any content of this website given to the user limits to download these contents for the provision of services provided by the COMPANY.
The national brand GÉMINA is property of GÉMINA PROCESOS ALIMENTARIOS, S.L. and is registered with the Spanish Patent Office with number M-3016645.
GÉMINA declares its respect for the intellectual and industrial property rights of third parties; therefore, if you consider this website may be violating your rights, please contact the company in the following e-mail address firstname.lastname@example.org
GÉMINA expressly forbids framings or the use by third parties of any resources which may modify the design, original configuration or contents of its website.
Links or Hyperlinks
GÉMINA may facilitate access to other websites that may consider of interest to the user. The objective of these links is to help users to search resources that may be of their interest on internet. However, some of these websites do not belong to GÉMINA and their contents are not reviewed; therefore, at no time, GÉMINA is responsible for these websites, their functioning or any possible damage that may result from their use. In this sense, the user is responsible for reading and observing the legal terms and use conditions of the mentioned websites or services.
Link any website or email address to GÉMINA portal is not permitted without express previous written authorization of GÉMINA. Additionally, except GÉMINA establishes the opposite, these links must respect the following conditions:
- Links are only permitted to the Home Page or main page of this website.
- The establishment of the link do not imply any type of agreement, contract or sponsorship by GÉMINA to the website of the mentioned link, except where it derives from the contractual relationship between the parties involved.
At any time, GÉMINA can withdraw the authorization mentioned in the previous paragraph, without having to state a reason or consideration. In that case, the web page which has made the link must delete the link immediately as soon as it receives the revocation of the authorization from GÉMINA, which may be done by email.
A) Incorrect use of the Website
GÉMINA PROCESOS ALIMENTARIOS, S.L. has created the website www.gemina.es for spreading its activity and facilitating the provision of its services and the supply of goods, but GÉMINA cannot control the use of its website in a different way to the one provided in the present Legal Notice and Use Conditions. Therefore, access to the website and the correct use of its information are responsibility of the user. GÉMINA is not responsible for the incorrect, illegal or negligent use of the information contained in its website or the knowledge that unauthorized third parts may have of the kind of use, conditions, features and circumstances of use that users may make of the website and the services.
GÉMINA will not be responsible for any prejudices that may be caused as consequence of identity theft carried out by any user in any kind of communication or service made through the website.
B) Use of contents
GÉMINA provides all the contents of its website in good faith and will make its best efforts for these contents will be permanently updated and valid. However, GÉMINA cannot be responsible for the use or access that users may make of the portal outside the specific context of the website, resting with the user the ultimate responsibility.
GÉMINA promises, in the contexts of trade and with the diligence of a prudent businessman, to use all the required means to try to guarantee the absence of virus, worms, Trojan horses and similar elements in its website. However, these measures are not infallible and therefore, total absence of the previously mentioned damaging elements cannot be guaranteed. Consequently, GÉMINA will not be responsible for any damage derived from these harmful elements. Therefore, it is advisable to install in the computer terminal the required security measures such as antivirus programs, firewalls, correct operating system updating, etc.
D) Technological failures
GÉMINA has concluded all the required contracts for the continuity of its website and will make its best efforts to maintain its website services without interruptions, but absence of technological failures cannot be guaranteed, just as permanent access to the website and the services offered in it. Consequently, GÉMINA does not accept any responsibility for the damages and prejudices derived from lack of availability and access errors due to disconnections, breakdowns, electric overload, network outages that are not imputable to GÉMINA, causes related to third parties unconnected with GÉMINA or any other force majeure.
E) Maintenance tasks
In the event that GÉMINA website may be in maintenance proccess it will be communicated in advance to users, as well as the approximate duration of the maintenance tasks. This information may be provided thought an advertisement in the website or any other means considered suitable, being fully valid the email provided by the user.
GÉMINA reserves the right to take legal actions and request compensations in order to defend its legitimate rights and interests conferred by Spanish legislation, and particularly the legislation related to Unfair Competition, Intellectual and Industrial Property and the rest of related regulations.
Duration and termination
The sale of products and provision of services of GÉMINA have, at the beginning, an indefinite duration. GÉMINA can, however, finish, modify or suspend the sale of products or provision of service/s at any time, in spite of the disposed on that subject in the corresponding legal conditions. For this purpose, GÉMINA may communicate that fact on the access screen of the service with three days in advance.
Applicable law and jurisdiction
Spanish law will be applied in case of dispute or conflict in interpretation of the terms of this Legal Notice, as any question related to the products and/or services offered in this website. For the resolution of any conflict that may arise when the user visits the website or uses the services offer in it, GÉMINA and the user agree to submit to the Judges and Courts of the city of Murcia, Spain.
GÉMINA reserves the right to modify unilaterally, at any time, and without notice, the presentation and conditions of its website, as the services and conditions required for its use.