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By using the Website, the User accepts these terms and conditions of use and undertakes to use the Website, the services and the content hosted therein in accordance with these terms and conditions.
The User accepts that their use of the Website, the services and the content is under their sole and exclusive responsibility.
OS SAFETY EQUIPMENT SL, with Tax ID Number B07838824 and registered address at C/ Son Péndola 4, 07007, Palma de Mallorca (Balearic Islands), reserves the right to make any changes it deems appropriate to these terms of use without prior notice. It is the responsibility of Users to read them carefully each time they wish to use the website.
The Company reserves the right to deny or withdraw access to the website and/or services at any time and without prior notice to Users who breach these general conditions or any specific conditions that may apply to them.
These conditions and any document expressly referred to herein constitute the entire agreement between you and us in relation to the subject matter hereof and supersede any other agreement, understanding or promise previously made between you and us, whether verbal or written.
These conditions and other related legal texts are originally written in Spanish and must be interpreted in that language.
1.‐ OWNERSHIP
The website www.oscarsierra.com (hereinafter, the ‘Website’ or ‘the Website’), as well as the social media pages created under the name of the Company, belong to or are used by the Company.
2.‐ IDENTIFICATION OF THE PARTIES
These Terms and Conditions of Use are entered into by the Company and ‘the User’ of the website.
The User is understood to be any natural or legal person who uses or enjoys any of the products or services offered by or through the Company.
3.‐ PURPOSE AND SCOPE OF APPLICATION
These terms and conditions of use govern access to, browsing and use of the Website. However, access to certain content and the use of certain services will replace, supplement and/or modify these Terms and Conditions of Use.
4.‐ ACCESS AND USE OF THE WEBSITE
These terms and conditions of use govern access to, browsing and use of the Website. They also govern any unauthorised use of the information contained therein, which is the sole responsibility of the person who uses it.
The User undertakes to use the content, information and data on the Website in accordance with these conditions, terms and policies, with the applicable regulations and with generally accepted good customs and public order.
The User undertakes to refrain from using the content of the Website and, where applicable, the social network profiles created under the name of the Company, for purposes or effects that are unlawful, prohibited or contrary to those established herein, harmful to the rights and interests of the Company, other Users, third parties or that in any way may damage, render useless, overload or deteriorate this Website or prevent its normal use or enjoyment by Users.
The Company shall not be liable for any consequences, damage or harm that may arise from such access or use or from the breach of these conditions, nor shall it be liable for any security errors that may occur or for any damage that may be caused to the User’s computer system (hardware and software) or to the files or documents stored therein as a result of: (i) the presence of a virus on the User’s computer; (ii) a malfunction of the browser; and (iii) the use of outdated versions of the same.
5.‐ RULES OF USE
In this regard, the User undertakes to:
Not publish inappropriate content on the Website or on social networks or use them as a system for managing and exchanging information and/or documentation that is illegal, contrary to morality or public order, or contrary to copyright and/or industrial property rights.
Not to engage in reverse engineering, requirements gathering or other activities aimed at developing an online platform identical or similar to that made available by the Company, as this activity may be considered an act of unfair competition and a violation of the intellectual and industrial property rights that the Company holds over the platform.
Not subject the platform to workloads that are clearly aimed at destabilising it, including denial of service (DDoS) attacks or similar situations. If such situations are detected, the aforementioned level of service will not apply and the situation will be considered an emergency.
Not to translate, adapt, improve, transform, correct the platform or any of its components, or modify it in any other way, and not to incorporate the platform into other software or platforms owned by you or provided by third parties.
Not to remove, delete, alter, manipulate or in any way modify any notes, legends, indications or symbols that the Company, as the legitimate owner of the rights, incorporates into its intellectual or industrial property (e.g. watermarks on images, copyright, ©, ® and TM, etc.), whether on the platform itself or in associated material.
Inform the Company of any event or situation that may have occurred that could jeopardise security of access by authorised Users.
Where applicable, not to prevent the normal course of an event, contest, promotion or any other activity available through the Website or social media profiles, either by altering or attempting to alter, illegally or in any other way, access to, participation in or operation of such events, or by falsifying the results thereof and/or using fraudulent methods of participation, by any means, and/or through any practice that violates or infringes in any way these Terms of Use.
It is prohibited to force failures or seek security breaches in the platform.
6.‐ USER PARTICIPATION ON THE WEBSITE OR SOCIAL NETWORK PROFILES
The Company accepts no responsibility for any content that may be published by Users. However, it reserves the right to monitor and/or moderate any content published by Users on the Website or, where appropriate, on social media profiles and, if it violates these Terms of Use or the Privacy Policy, to edit or remove it.
7.‐ DATA COLLECTION AND REGISTRATION
In order to access the products offered on the Website, it is necessary to collect the User’s personal data. To do so, the forms included for this purpose on this Website must be completed. The User provides this data freely and voluntarily and expressly consents and authorises the Company to collect and process all personal data requested in an automated manner, in accordance with the Privacy Policy.
7.1.‐ USER REGISTRATION
You can register on the Website using the registration forms designed for this purpose. You must enter all your real and accurate details, as this will be the only way we will be able to process any orders you may place in the future.
Under no circumstances will the Company be responsible for the accuracy of the registration data provided by end Users, and therefore each User is responsible for any consequences, errors, or failures that may arise from the poor quality of the data.
7.2.‐ REGISTRATION CANCELLATION
Users may request cancellation of the services they are registered for at any time, following the procedure indicated on the Website.
Once deregistered, the User may request a new registration as a User, with the Company reserving the right not to accept such registration in the event of a conflict or dispute between the parties, to be resolved or finalised with recognition of fault or negligence on the part of the User and/or damage to the Company, its collaborators and associates or its Users or potential Users.
8.‐ LINKS TO OTHER WEBSITES
In the event that the Website uses hyperlinks that allow a link to other websites, the Company is not responsible for the content or security measures adopted by any other website or web page through which access is gained from this website or which allows a link to this website, which the interested party accesses under their sole responsibility.
Likewise, the absence of viruses or other elements in the content linked from the Company’s Website that may cause alterations to the computer system (hardware and software) or the documents or files of the User is not guaranteed, and the Company is also excluded from any liability arising from damages of any kind caused by the above.
9.‐ EXCLUSION OF GUARANTEES AND LIABILITY
The Company does not guarantee the permanent availability of the services offered on its Website, although it will make every effort to ensure their regularity and proper functioning.
To this end, the Company is exempt from any liability for any damages of any kind arising from the lack of availability or continuity of the services due to force majeure or errors in the information transmission networks beyond the Company’s control.
10.‐ MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF USE, THE GENERAL TERMS AND CONDITIONS OF THE RESERVATION, THE PRIVACY POLICY AND THE COOKIE POLICY.
The Company reserves the right to modify at any time and without prior notice all of the conditions, terms, privacy and cookie policies in order to adapt them to new legislation or case law, as well as to changes or practices in the industry. Users should periodically consult these conditions, terms and policies in order to check or ascertain the existence of any modifications or changes to them, taking the date of the last update as a reference.
11.‐ INTELLECTUAL AND INDUSTRIAL PROPERTY
The User acknowledges and accepts that, with the exception of the information or data that each User voluntarily provides on the Website, all industrial and intellectual property rights over the content and/or any other elements inserted by the Company on this Website (including, but not limited to, all elements that make up the visual appearance, graphic image and other sensory stimuli of the web pages that make up the Website or ‘look and feel’, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, navigation architecture, as well as the source codes of the web pages) belong to the Company and/or to third parties who have transferred their rights to it. For these purposes, the Website shall be understood to mean all creations incorporated and expressed by the Company by any means and/or tangible or intangible medium, known or unknown, which are subject to protection by the regulations in force in the field of intellectual and industrial property.
Under no circumstances does access to the Website imply any kind of permission, waiver, transfer, licence or total or partial assignment of such rights by their owners, unless expressly stated otherwise. These Terms and Conditions of Use of the Website do not confer on Users any other right to use, alter, exploit, reproduce, distribute or publicly communicate the Website and/or its contents 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 this purpose by the Company or the third party owner of the rights concerned.
Notwithstanding the foregoing, if the User or a third party considers that any content on the Website may violate intellectual and industrial property rights, please notify us as soon as possible by sending an email to lopd@oscarsierra.com.
12.‐ COMMUNICATIONS
The Company will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing.
Notifications sent to us should preferably be sent by email to lopd@oscarsierra.com.
Notifications shall be deemed to have been received and correctly made at the moment they are posted on our website, 24 hours after an email has been sent, or three days after the date of posting of any letter.
To prove that the notification has been made, it will be sufficient to prove that it was sent to the email address specified by the recipient.
13.‐ APPLICABLE LAW AND COMPETENT JURISDICTION
This Legal Notice is governed in its entirety by Spanish law, without prejudice to any mandatory rules that may apply.
In order to resolve any discrepancies or claims that may arise from the interpretation or execution of the legal relationship between the User and the Company, both parties, expressly waiving any other jurisdiction that may correspond to them and without prejudice to the mandatory rules on jurisdiction, voluntarily submit to the competent Courts and Tribunals.
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