1. About this legal advice and its acceptance
The present legal advice (from now on, the "Legal Advice") regulates the use of the web portal www.guiaverde.com (from now, the "Portal") that FLORAMEDIA ESPAÑA, S.A.U. (from now on, FLORAMEDIA) offers to Internet users.
Declarative data
For notifications attempts, the administrative address of this society is:
Plaza Alquería Nova 8, bajo.
46014 Valencia
Telephone: 963503288
Fax: 963503092
Email: info@floramedia.com
URL: www.floramedia.es
Registry Office data
Floramedia España, S.A.U.., Plaza Alquería Nova 8, bajo. 46014 Valencia, was registered in the Registry Office in Valencia, page 24 volume 107, section 3, page 2.409 with CIF A46062550. Contact us on the telephone: 963503288 or in info@floramedia.com
The access to this web page is under the exclusive responsibility of their users. Using the Portal gives you the condition of Portal user (from now on, «User») and entails the fully acceptance of every single regulation that has been included in this Legal Advice in the version published by FLORAMEDIA at the very moment that the User access the Portal. Consequently, the User should read carefully the present Legal Advice any time he uses the Portal, due to the fact that it might have suffered some changes.
The use of certain services, which have been offered to the Users on the Portal, could be subjected to particular conditions (from now on, the «Particular Conditions»). Depending on the case, these conditions could substitute, complete or modify the present Legal Advice. Therefore, before using these services, the User should also read carefully the corresponding Particular Conditions.
At the same time, FLORAMEDIA reserves the right to, at any time, modify, substitute or complete the conditions of use of the Portal. FLORAMEDIA undertakes to inform users of any changes to warnings, rules or instructions which affect the current Legal Advice.
2. Aim
Via the Portal, FLORAMEDIA offers users the ability to access and use the various services and contents available (from now on referred to as «Services») made available by FLORAMEDIA or third parties.
3. Terms of access and use of the portal
3.1. Open access and free use of the Portal
The provision of the Services, by FLORAMEDIA, is provided on a non-paying basis for users. Having said this, some of the Services provided by FLORAMEDIA or by third parties via the Portal could be provided on a pay-for-access basis the nature of which would be determined in accordance with the Individual Conditions if these have been defined.
3.2. User Registration
In general, the use of the Services provided on the site is not subject to prior user registration or subscription. However, FLORAMEDIA may choose to make available to users some Services, the use of which would be subject to completion of a user-registration form or be dependent on being registered for one of FLORAMEDIA's other services, in which case the user's access data and profile would be accessed and would assume acceptance by the user of the relevant general conditions herein defined. Such «ex novo» registration would be carried out in accordance with, and in the manner defined by, the relevant «Individual Conditions».
3.3. Accuracy of the data
All information provided by the user through their use of the Services must be accurate. To this end, the user guarantees the authenticity of all data submitted in the various forms whose completion is necessary to register or gain access to the Services.
The user will be held solely responsible for any inaccuracies or fallacies in the information entered and also for any damage that could result from use of this data by FLORAMEDIA or third parties.
3.4. Minors
In order for minors to use the Services they must first obtain permission from their parents, teachers or legal representatives, who shall be held responsible for all of the acts carried out by the minor whom they have vouched for.
3.5. Responsibility for correct use of the Portal and its Services
The user undertakes to use the Portal and the Services offered in accordance with the law, with these Legal Conditions, with the Individual Conditions of any particular Services if such exist and abide by any warnings, rules of use and instructions of which they are made aware, in a manner moral, and in accordance with generally accepted good customs and in such a way as to not infringe the public order.
To this end, the user will abstain from using the Services with the intention of or illegal outcomes, prohibited under these Legal Conditions, prejudicial to the interests of third parties o which could, in some way, damage, render unusable, overload, deteriorate o impede access to the Services, the IT equipment or the documents, files and any other type of data held on any computer (hacking) belonging to FLORAMEDIA, other users, or of any other user of the internet, with reference to both hardware and software.
In particular, and without the intention of providing an exhaustive list of all possible scenarios, the user undertakes to not transmit, disseminate or place at the disposition of third parties, information, data, contents, messages, graphics, drawings, sound recordings and/or images, photographs, recordings, software and, in general, any type of material which:
1. in any way goes against, undermines, or attacks the fundamental rights and public liberties constitutionally granted and recognised, under international law and in other legislation;
2. leads to, incites or brings about criminal acts, denigration, defamation, vilification, violent acts, or which in general contravenes the law, morality or generally accepted norms of good conduct or public order;
3. leads to, incites or brings about behaviour or discriminatory thinking on the basis of sex, race, religion, creed, age or condition;
4. incorporates, makes available, or allows access to products, elements, messages and/or services of an illegal, violent, offensive, damaging or degrading nature or which in general contravene the law, the morality or generally accepted norms of good conduct or public order;
5. is false, ambiguous, inexact, exaggerated or out-dated, in such a way as to induce or be capable of inducing an error in the interpretation of its aim o in respect of the intentions or proposals of the interlocutor;
6. forms part of, and is therefore protected by the appropriate legislation, of the intellectual o industrial property of a third party, if the user has not previously obtained the authorisation necessary for use of the material from the holders of the rights;
7. reveals commercially sensitive information belonging to third parties;
8. runs contrary to the right to dignity, personal and family privacy or the image of the persons concerned;
9. in anyway infringes or reduces the credibility of FLORAMEDIA or third parties;
10. infringes the rules relating to the secrecy of communications;
11. constitutes a form of illegal, misleading or unreliable advertising and which in general could be considered to be a form of unfair competition;
12. introduces viruses or other entities, be they physical or electronic, that could damage or impede the normal functioning of the network, system or the IT equipment (hardware and software) of FLORAMEDIA or third parties, or that could damage the electronic documents and/or files stored on said IT equipment;
13. may cause problems, due to its complicated nature, for the normal functioning of the Service;
14. Contains HTML hyperlinks other than those expressly approved for use by FLORAMEDIA.
3.6. Obligation to use correctly the data contained in the Portal
In accordance with the letter of clause 3.5, the user agrees to use the content made available to users of the Portal, content being understood to mean, amongst other things, the text, photographs, graphics, images, icons, technology, software, links and other audiovisual content o sounds, along with the graphic design and source code (from now on known as the «Contents»), in accordance with the law and this Legal Advice, Individual Conditions that may exist for a particular Service and any other notifications, rules of use and instructions made known to them, and abiding by the generally accepted norms of morality and good conduct and public order, in particular, users promise to abstain from:
1. reproducing, copying, distributing, making available or any other form of publicly communicating, transforming or modifying the Contents of the Portal, unless done with the specific authorisation of the owner of the corresponding rights or it is legally allowed;
2. suppress, manipulate or alter in any way the copyright and other identifying information contained in the portfolio of rights corresponding to FLORAMEDIA, their respective owners, the digital brands or of any other technical method generally accepted as a form of recognition of ownership.
The user must abstain from obtaining or even attempting to obtain the Contents by any other means or procedure other than those, according to each individual case, have been made available for this purpose or that have been included in the webpages where one finds the Contents, for this distinct purpose or, in general, those methods which are generally used on the Internet to this end, as long as they to not involve a risk of causing damage of a period of outage of the Portal, Services and/or Contents.
3.7. Introduction of hyperlinks which permit access to the webpages of the Portal and to the Services
Users, and in general, the person or persons that wish to establish a hyperlink between their webpage and the Portal (from hereon in known as the «hyperlink» must comply with the following conditions:
1. the hyperlink must only permit access to the homepage or startup page of the Portal, but must not reproduce them in anyway;
2. they must agree not to create any frame on the webpages of the Portal;
3. will not protest or give false or incorrect or misleading information relating to FLORAMEDIA, its directors, employees, the webpages of the Portal and the Services supplied;
4. will not declare nor lead people to understand that FLORAMEDIA has authorised the Hyperlink or that it has supervised or incorporated in any way the services offered or made available to the webpage in which the hyperlink is embedded;
5. excluding those symbols which form part of the actual hyperlink, the webpage from which the link is established will not contain any brand, commercial name or heading, denomination, logo, slogan or any other distinctive symbol belonging to FLORAMEDIA; y
6. the webpage which houses the hyperlink will not contain illegal information or contents, contravene public morality and generally accepted norms or public order, likewise it will not contain any content which contravenes any of the rights of third parties.
Establishing a Hyperlink does not imply, under any circumstances, the existence of a relationship between FLORAMEDIA and the owner of the webpage which houses the link, neither does it imply the acceptance or approval by FLORAMEDIA of the contents or services therein provided.
4. Licensing considerations
All the brands, commercial names and distinctive symbols of whatever type that appears in the Portal are the property of FLORAMEDIA or third parties, and access to or use of the Portal and/or the Services does not attribute to the user any rights over stated brands, commercial names and/or distinctive symbols. Furthermore, the Contents form part of the intellectual property of FLORAMEDIA or third parties, and under no circumstances are such rights ceded to the User, as laid down in this Legal Advice. Similarly none of the rights to exploit such intellectual property that exist or could exist in the future in relation to the Contents, anymore than that strictly necessary for their correct use within the Portal and associated Services, are ceded to the User.5. Exclusion of guarantees and responsibilities
5.1. Exclusion of guarantees and of responsibility for the functioning of the Portal and of the Services
5.1.1. Availability, Continuity, Use and Failure rate
FLORAMEDIA does not guarantee the availability and continuity of the Portal service or the Services. Where possible FLORAMEDIA will inform users in advance of any service interruptions with respect to the Portal or Services. Furthermore FLORAMEDIA does not guarantee the use of the Portal and Services for use in any specific role, nor of its infallibility, and more specifically but by no means exclusively, that the users can use effectively the Portal and Services, access the various webpages that make up the Portal or those which avail of the Services.
FLORAMEDIA excludes, as far as is allowed by the judicial order, any responsibility for any damage or harm of any type that may result from the lack of availability or continuing functioning of the Portal and Services, or any inconvenience or financial repercussions that the non-functioning of the Portal and Services may cause the Users, likewise with reference to the reliability of the Portal and Services, and in particular, but by no means exclusively, to the inability to access the various webpages of the Portal or those that collaborate providing services.
5.2. Disclaimer with reference to guarantees and responsibility for Contents
5.2.1. Quality
FLORAMEDIA neither checks nor guarantees the absence of viruses or other damaging elements in the Contents which could potentially alter the hardware or software of the users' IT systems or of the electronic documents and flies stored in the same.
FLORAMEDIA excludes, as far as is allowed by the judicial order, any responsibility for any damage or harm of any type that may result from the presence of viruses or the presence of other harmful elements in the contents of the webpage that could produce alterations in the IT system, electronic documents of files of the user.
5.2.2. Lawfulness, Trustworthiness and Usefulness
FLORAMEDIA does not guarantee the lawfulness, trustworthiness or usefulness of the Contents. FLORAMEDIA excludes, as far as is allowed by the judicial order, any responsibility for any damage or harm of any type that may result from the transmission, spread, storage, making available, reception, obtaining of or access to the contents of the webpage, and in particular, but by no means exclusively, for any damage or harm that could arise from:
1. infringement of the law, the morality of the generally accepted customs or public order as a consequence of the transmission, diffusion, storage, making available, reception of, obtaining of or access to the contents;
2. infringement of the intellectual property or industrial secrets rights, of commercially sensitive information, of the contractual obligations of any type, of the right to dignity, personal and family privacy and the image of the person, of the rights to property and any other type belonging to a third party as a consequence of the transmission, diffusion, storage, making available, reception, obtaining of or access to the contents;
3. the carrying out of acts of unfair competition or illegal advertising as a consequence of the transmission, diffusion, storage, making available, reception, obtaining of or access to the contents;
4. the lack of authenticity, accuracy, completeness, relevance and/or current ness of the contents;
5. the inadequacy for any intended aim or the lack of fulfilment of the expectations created by the contents;
6. the problems or defects of any type in the contents transmitted, broadcast, stored, made available, received, obtained of or accessed via the Portal or the Services.
5.2.3. Truthfulness, accuracy, extension of and Currentness
FLORAMEDIA does not guarantee the truthfulness, accuracy, or currentness of the Contents. FLORAMEDIA excludes, as far as judicial orders allow, any responsibility for any damage or harm of any type that could result from the lack of truth, accuracy, completeness and/or currentness of the contents.
5.3. Disclaimer: Guarantees and responsibilities for the services provided by third parties through the Portal
5.3.1. Quality
FLORAMEDIA does not control nor guarantee the absence of viruses or other elements in the services provided or that may be provided in the future by third parties via the Portal, which could produce alterations in the users' IT systems (hardware or software) or in the electronic documents and files therein stored.
FLORAMEDIA denies responsibility for and damage or harm of any type that could result from the presence of viruses or the presence of other damaging elements in the services provided by third parties via the Portal that may produce alterations to IT systems, electronic documents or files of the users.
5.3.2. Lawfulness, Trustworthiness and Usefulness
FLORAMEDIA does not guarantee the lawfulness, trustworthiness or usefulness of the services provided by third parties via the Portal. FLORAMEDIA denies responsibility for any damage or harm of any type which may result from the use of services provided by third parties via the Portal, and in particular, but by no means exclusively, for the damage or harm that could result from:
1. infringement of the law, the morality or the generally accepted customs or public order as a consequence of the provision of services by third parties via the Portal;
2. infringement of the intellectual property or industrial secrets rights, of commercially sensitive information, of the contractual obligations of any type, of the right to dignity, personal and family privacy and the image of the person, of the rights to property and any other type belonging to a third party as a consequence of the provision of services by third parties via the Portal;
3. the carrying out of acts of unfair competition or illegal advertising as a consequence of the provision of services by third parties via the Portal;
4. the lack of authenticity, accuracy, completeness, relevance and/or currentness of the contents transmitted, broadcast, stored, received, obtained, made available, or accessed via the services provided by third parties via the Portal;
5. the inadequacy for any intended aim or the lack of fulfilment of the expectations created by the contents of the services provided by third parties via the Portal;
6. the failure to complete, a delay in completion, unsatisfactory completion or the termination of a contract with a third party, for whatever reason and of contracts realised with third parties in relation to the provision of services by third parties via the Portal;
7. the problems or defects of any type in the contents provided by third parties and accessed via the Portal.
5.4. Disclaimer: Guarantees and responsibilities for the information, contents and services located outside of the Portal.
The Portal may make available to users technical linking devices (such as, amongst others, links, banners, buttons), directories and search tools, which permit the Users access to websites belonging to and/or run by third parties (from hereon in «Linked Sites»). The installation of these links, directories and search tools in the Portal is intended only to facilitate the search of and access to information, content and services available on the internet.
The results obtained from search tools could be provided directly by third parties and are the result of automatic search techniques and, as such, FLORAMEDIA cannot control nor check these results and, in particular, cannot be held responsible for the appearance of internet sites whose contents could turn out to be illegal, contravene the morals and generally accepted norms of good conduct or which could be considered inappropriate for other reasons. If the user considers that any of the sites included in the search results contains activity or information of an illegal or incorrect nature and is interested in requesting the suppression of the said link the user can instigate a process of censure as defined in Clause 7 of this legal advice.
FLORAMEDIA does not offer, nor has any commercial interests either directly or through a third party in the information and services offered in the Linked Sites, nor does it check, approve, recommend or monitor them prior to providing links to them. Therefore the user must exercise caution when evaluating and using the information, contents and services provided by the Linked Sites. FLORAMEDIA does not guarantee nor accept any responsibility for any damage or harm of any type that may result from:
1. operation, availability, accessibility and continuity of the Linked Sites;
2. the updating of information, contents and services, contained on the Linked Sites;
3. the prevision or transmission of the information, contents and services contained on the Linked Sites;
4. the quality, legality, trustworthiness and usefulness of the information content and services contained in the Linked Sites, under the same terms and conditions as laid down in the general conditions 5.2 and 5.3 in respect of the contents and the services offered by third parties via the Portal.
5.5. Disclaimer: With references to guarantees and responsibility for the use of the Portal, of the Services and Contents by the user.
FLORAMEDIA is not obliged to check and will not check the usage of the Portal by the users, nor of its Services and Contents. In particular, FLORAMEDIA does not undertake to guarantee that the Users of the Portal, Services and the Contents according to the conditions stipulated in these Legal Conditions and, in the case that they exist, with the Individual Conditions agreed, nor that Users use the service in a diligent and responsible way. Neither is FLORAMEDIA obliged to verify and will not verify the user's identity, nor the truthfulness, validity, completeness and/or authenticity of the data provided by the users, either with reference to themselves or to other people.
FLORAMEDIA shall not be liable for damages or injuries of any type that may result from the use of the services and contents by users or that may result from a lack of truthfulness, validity, completeness and/or authenticity of the information provided by the users to others or FLORAMEDIA itself concerning themselves or third parties and, in particular but not exclusively, for damage or injuries of any type which could arise due to a user masquerading as a third party, in any method of communication, carried out through the Portal.
6. Data Protection
PRIVACY POLICY
The act of visiting the webpage does not assume that the user is obliged to provide and information about him/herself. However, in order to use some of the Services, Users must previously provide FLORAMEDIA with certain information, of a personal nature (from hereon in «Personal Data») with the aim of facilitating their identification. FLORAMEDIA will automatically treat, the User's «Personal Data» collected with the aim of managing their profile, the contributions, collaborations and interactions of the user with the Portal, as well as responding to the requests submitted by Users, or sending them information or commercial missives related to the sector, to which end, we will assume to have obtained the user's express and unequivocal consent to communicate with them in this manner.
Certain services of rating or syndication of contents and companies implies a transfer of the basic identifying data of the user as entered on his/her profile. In these cases, a warning will be shown which will remind the user that signing up to the content concerned implies a transfer of some of their personal data to the entity offering the content. Acknowledging this warning and proceeding will be taken as implicitly consenting to the transfer of the user's data to the entity concerned.
FLORAMEDIA could save user data in its archives once any relation between themselves and the User has finished, in order to be able to comply with its legal obligations. Deletion of the data collected will occur when they are no longer necessary or relevant to the aims for which they had been collected or registered.
In a situation where the data held were to be used for an end other than that for which it had been obtained or collected it will be necessary to previously obtain the consent of those concerned. FLORAMEDIA has installed the legally required levels of security protection of personal data and will always try to install other methods and techniques to further increase this protection. However, the User must be alert to the fact that the levels of security on the internet are never 100% watertight or impregnable.
FLORAMEDIA reserves the right to use and install cookies on a user's computer whilst they navigate the webpages of the Portal. The cookies that could be used on the sites and webpages of the Portal will be associated exclusively with the internet browser of the particular computer (an anonymous user), and will not contain within themselves the user's name or surname. Thanks to the use of cookies, FLORAMEDIA is able to recognise the browsers of users who have previously visited and registered with the site, and in so doing, avoids the need to continually ask them to repeat the registration process or to access the zones and Services reserved exclusively for them.
The user has the option available to them of configuring their browser such that they will be receive a warning on their screen advising them of the fact that cookies will be installed on their computer's hard disk and giving them the option of rejecting this. Users are kindly asked to consult the instructions and manuals of their browser if they wish to investigate further this option. In order to access the Portal, it is not necessary for the user to install the cookies received from FLORAMEDIA, with the inconvenience that this may represent to them in terms of having to enter their registration details every time they wish to access a service for which registration is necessary.
Cookies used on the sites and webpages of the Portal could proceed from FLORAMEDIA, in which case they will originate from the various servers operated by FLORAMEDIA, or, from the servers of certain third parties who offer services and send cookies to users' computers on behalf of FLORAMEDIA (for example, the cookies that are used to offer certain Contents and that enable the User to see certain contents during a determined time period, with a certain frequency and in a certain predetermined manner.
Completion of all of the sections of the Portal's forms marked with and asterisk (*) is obligatory. Refusal to provide data for the sections considered as obligatory will result in the refusal to provide the contents of or access to the sections for which completion of the data had been requested. At the same time, users may offer additional information, on a voluntary basis, that could help FLORAMEDIA better optimise and personalise the content offered to the user.
In such a case as that where a user of the webpage is required to provide an email address to gain access to certain services offered, the user may select the option to not receive any type of communication from FLORAMEDIA which it may have considered pertinent to send, as long as these communication is not strictly linked to the service for which the email address was provided.
A user will not be charged for accessing the data held by FLORAMEDIA nor for correcting details, deleting or objecting to data, rights which may be exercised by sending written communication to the address below:
FLORAMEDIA ESPAÑA, S.A.U.
Plaza Alquería Nova 8, bajo.
46014 Valencia
Telephone: 963503288
Fax: 963503092
Correo-e info@floramedia.com
including the reference LOPD.
7. Procedure in the event of illegal activities taking place
In the event that a User or third party considers that evidence or circumstances exist which reveal the illegal nature of any use of Content or Services and/or the carrying out of any activity on the webpages included in or accessible through the Portal, and, in particular, that violate the right to individual dignity, privacy and intellectual property or industrial know-how (defamation, threats, patents, industrial models and drawings, brands and commercial names etc.) or other rights, they should inform FLORAMEDIA, including the following information:
1. Personal data of the claimant: name, address, telephone number and email address;
2. an outline of the alleged illegal activity carried out on the Portal, and, in particular, when the claim refers to an assumed rights infringement, a precise and accurate indication of the protected contents along with their position in the webpages;
3. facts or circumstances which reveal the illegal nature of the activity in question;
4. in the case of rights infringement, a signed copy or equivalent of the rights, along with the personal details of the holder of the rights apparently infringed or of the person authorised to act on behalf of the holder;
5. A declaration, clearly laid out and signed by the claimant that confirms that the information provided and the claim is precise and refers to alleged illegal use of website contents or to the carrying out of the activities previously described.
8. Notifications
All of the notifications and communications (from hereon in, the «Notifications») on behalf of the User directed to FLORAMEDIA will be considered effective and complete when the User communicates with the Customer Assistance Service through one of the following means:
1. Via post, addressed to the following address:
FLORAMEDIA ESPAÑA, S.A.U.
Plaza Alquería Nova 8, bajo.
46014 Valencia
Telephone: 963503288
Fax: 963503092
Correo-e info@floramedia.com
2. By calling 0034 963 503 288
3. . By sending an email to: info@floramedia.com
All messages sent by FLORAMEDIA to the User will be considered effective and complete when they are realised by one of the following means:1. Via post addressed to the user's address in the case that this has previously been made known to FLORAMEDIA;
2. Via email sent to any one of the email accounts that the user possesses or can access as part of a service that FLORAMEDIA offers to the user;
3. By calling the User on the telephone number provided by the to FLORAMEDIA;
4. Via pop-up messages sent to the user's screen whilst connected and using the services provided by FLORAMEDIA.
To this end, all of the Notifications sent by FLORAMEDIA to the User are considered valid and complete if they have been carried out using the information, and via the routes, previously outlined. Logically, the User confirms that all of the information that they submit to FLORAMEDIA is correct and accurate and undertakes to inform FLORAMEDIA of any change to these details.
9. Expulsion and suspension of Services
FLORAMEDIA can decide to remove or suspend access, at any moment and without any previous warning, the Services which it offers, to any User which it deems has not abided by the conditions laid out in these Legal Conditions.
10. Duration and Finalisation
The provision of the Portal and associated Services is, in principle, provided on an indefinite basis. However, FLORAMEDIA is authorised to deem terminated or suspended the provision of the Portal and/or of any of the Services in any moment, without affecting any of the terms and conditions laid out in any Personal Conditions which may exist. When reasonably possible, FLORAMEDIA will advise of its intention to terminate or suspend or temporarily render inactive the Portal or related Services.
11. Relevant Legislation
The terms and conditions that govern the use of the webpage and all the relationships that may result from its use are protected by Spanish Legislation.
Any dispute which may arise related to the access or use of this website will be subject exclusively to the jurisdiction of the courts of Valencia (España).
All parties agree that any litigation, disagreement, query or complaint resulting from the execution or interpretation of this Legal Advice o General Conditions, will be resolved via the due legal process, without the necessity for the parties to appear in court, and both sides agreeing to respect the jurisdiction of the Spanish legal system in the case and agreeing to abide by the decision of the court.
