The website esseeds.com (hereinafter, the “Website”) is owned by EFECTO SOLUCIONES, S.L. (hereinafter, the “COMPANY”), with registered office in Pol. Ind. San Nicolás, Calle Siete, Nave 4 – 41500 Alcalá de Guadaira (Seville) and CIF B91929539. Registered in the Mercantile Registry of Seville, Volume 5382, Folio 52, S 8, Sheet 89848 and Inscription 1.
With the aim that the use of the Website conforms to criteria of transparency, clarity and simplicity, the COMPANY informs the User that any suggestion, doubt or query about the General Conditions of Use will be received and solved by contacting the COMPANY through the email: firstname.lastname@example.org.
The COMPANY provides the content and services that are available on the Website, subject to these General Conditions of Use as well as the policy on the processing of personal data (hereinafter, the “Data Protection Policy”). Access to this Website or its use in any way gives you the qualification of “User” and implies the unreserved acceptance of each and every one of these General Conditions of Use, reserving the COMPANY the right to modify them at any time. Consequently, it will be the responsibility of every User, the careful reading of the General Conditions of Use in force on each of the occasions in which he accesses this Website, so if he does not agree with any of them set forth herein, he must abstain from the use of this Website.
Likewise, it is warned that, sometimes, particular conditions may be established for the use on the Website of specific contents and / or services, the use of said contents or services will imply the acceptance of the particular conditions specified in them.
Through the Website, the COMPANY offers Users the possibility of accessing: Information about the company, its contact details, its products and services, its rates, its commercial offers, its location – A contact section to make inquiries by providing their personal data – Links to access social networks (hereinafter the “Services”).
3. Privacy and Data Processing
The COMPANY processes your personal data in accordance with those established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of these data and repealing Directive 95/46/EC (General Data Protection Regulation) and LO 3/2018. The information on your personal data, according to article 13 of section 2 of the aforementioned regulation and LO 3/2018, can be consulted in this link.
4. Industrial and Intellectual Property
The User acknowledges and accepts that all the contents displayed on the Website and in particular, 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 trademarks, trade names or distinctive signs, all industrial and intellectual property rights, on the contents 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 traffic. For all these reasons, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such contents, keeping the COMPANY harmless from any claim arising from the breach of such obligations. In no case does access to the Website imply any type of waiver, transmission, license or total or partial assignment of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not confer on Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and / or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the COMPANY or the third party owner of the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes 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 as copyright by the legislation on intellectual property. The COMPANY is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, or transmitted, or registered by any information retrieval system, in any form or in any medium, unless you have the prior authorization, in writing, of the aforementioned Entity.
It is also forbidden to delete, evade and / or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Website undertakes to respect the rights set forth and to avoid any action that could harm them, reserving in any case the COMPANY the exercise of all means or legal actions that correspond to it in defense of its legitimate intellectual and industrial property rights.
5. Obligations and Responsibilities of the Website User
The User undertakes to:
Make appropriate and lawful use of the Website as well as the contents and services, in accordance with: (i) the applicable law at any time; (ii) the General Conditions of Use of the Website; (iii) morality and generally accepted good customs and (iv) public order.
Provide all the means and technical requirements that are necessary to access the Website.
Provide truthful information when filling in the forms contained on the Website with your personal data and keep them updated at all times so that it responds, at all times, to the real situation of the User. The User will be solely responsible for the false or inaccurate statements made and the damages caused to the COMPANY or third parties by the information provided.
Notwithstanding the provisions of the previous section, the User must also refrain from:
a) Make unauthorized or fraudulent use of the Website and / or the contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of services or documents, files and all kinds of content stored on any computer equipment.
b) Access or attempt to access resources or restricted areas of the Website, without complying with the conditions required for such access.
c) Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
d) Introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the COMPANY, its suppliers or third parties.
e) Try to access, use and / or manipulate the data of the COMPANY, third party suppliers and other Users.
f) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
g) Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the COMPANY or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents.
h) Obtain and try to obtain the contents using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the contents are found or, in general, those that are usually used on the Internet because they do not entail a risk of damage or disablement of the website and / or the contents.
i) In particular, and merely indicative and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and / or image files, photographs, recordings, software and, in general, any kind of material that:
(i) In any way is contrary, disparages or violates the fundamental rights and public freedoms recognized constitutionally, in the International Treaties and in the rest of the current legislation.
(ii) Induces, incites or promotes criminal, denigratory, defamatory, violent or, in general, contrary to the law, morality, generally accepted good customs or public order.
(iii) Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
(iv) 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, morality and generally accepted good customs or public order.
(v) Induces or may induce an unacceptable state of anxiety or fear.
(vi) Induces or incites to engage in dangerous, risky or harmful practices for health and mental balance.
(vii) It is protected by the legislation on intellectual or industrial protection belonging to the COMPANY or to third parties without the intended use having been authorized.
(viii) Is contrary to honor, personal and family intimacy or the self-image of people.
(ix) Constitutes any type of advertising.
(x) Include any type of virus or program that prevents the normal functioning of the Website.
If, in order to access some of the services and/or contents of the Website, you are provided with a password, you agree to use it diligently, keeping it secret at all times. Consequently, it will be responsible for its adequate custody and confidentiality, committing not to transfer it to third parties, temporarily or permanently, nor to allow access to the aforementioned services and / or contents by outsiders. Likewise, it undertakes to notify the COMPANY of any fact that may involve an improper use of your password, such as, by way of example, its theft, loss or unauthorized access, in order to proceed to its immediate cancellation. Consequently, as long as you do not make the above notification, the COMPANY will be exempt from any liability that may arise from the improper use of your password, being your responsibility any illicit use of the contents and / or services of the Website by any illegitimate third party.
If in a negligent or intentional manner you fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise from such breach for the COMPANY.
The COMPANY does not guarantee the continued access, nor the correct visualization, download or usefulness of the elements and information contained in the pages of the Website, which may be impeded, hindered or interrupted by factors or circumstances that are beyond its control.
The COMPANY is not responsible for the decisions that may be adopted as a result of access to the contents or information offered, since such decisions are taken by the user in the free exercise of his will.
The COMPANY may interrupt the service or immediately terminate the relationship with the User if it detects that a use of its Website or any of the services offered therein are contrary to these General Conditions of Use.
The COMPANY is not responsible for damages, losses, claims or expenses arising from the decisions taken by the user himself in the free use of his will during his visit to the Website, unless such damages, losses, claims or expenses are directly attributable to the COMPANY for failures in the page, error or omission.
It will only be responsible for deleting, as soon as possible, the contents that may generate such damages, provided that this is notified. In particular, it will not be responsible for the damages that may arise, among others, from:
(i) interferences, 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 control of the COMPANY.
(ii) illegitimate interference through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
(iii) improper or inappropriate abuse of the Website.
(iv) security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of it. The administrators of the COMPANY reserve the right to withdraw, in whole or in part, any content or information present on the Website.
The COMPANY excludes any liability for damages of any kind that may be due to the misuse of the services freely available and used by the Users of the Website. Likewise, the COMPANY is exempt from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of the services of consultations and doubts. On the other hand, in case of causing damages for an illicit or incorrect use of said services, the User may be claimed by the COMPANY for the damages caused.
You will defend, indemnify and hold the COMPANY harmless against any damages arising from claims, actions or demands of third parties as a result of your access to or use of the Website. Likewise, you agree to indemnify the COMPANY against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used in order to collect or extract data or any other action on your part that imposes an unreasonable burden on the operation of the Website.
The User undertakes not to reproduce in any way, not even by means of a hyperlink or hyperlink, the Website of the COMPANY, as well as any of its contents, unless expressly authorized in writing by the COMPANY.
The COMPANY’s Website includes links to other websites managed by third parties, in order to facilitate the User’s access to the information of collaborating and/or sponsoring companies. In accordance with this, the COMPANY is not responsible for the content of these websites, nor is it in a position of guarantor or / or party offering the services and / or information that may be offered to third parties through the links of third parties.
The User is granted a limited, revocable and non-exclusive right to create links to the main 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 recommends that website or its services or products; (ii) may not misrepresent their relationship with the COMPANY or affirm that the COMPANY has authorized such a link, or include trademarks, denominations, trade names, logos or other distinctive signs of the COMPANY; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Website other than the home page; (v) you must link to the address of the Website itself, without allowing the website that makes the link to reproduce the Website as part of its 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, that it remove any link to the Website, after which it must proceed immediately to its elimination. The COMPANY cannot control the information, content, products or services provided by other websites that have established links to the Website.
Consequently, the COMPANY does not assume any responsibility for any aspect related to such websites.
9. Duration and Termination
The provision of the service of this Website and the other services have in principle an indefinite duration. However, the COMPANY may terminate or suspend any of the services of the portal. When possible, the COMPANY will announce the termination or suspension of the provision of the determined service.
10. Representations and Warranties
In general, the contents and services offered on the Website are merely informative. In case of making available to the user the products or services reflected in the web, the provisions of the corresponding general contracting conditions will be applied.
11. Force majeure
The COMPANY will not be responsible in any case of impossibility of providing service, if this is due to prolonged interruptions of the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.
12. Dispute Resolution. Applicable law and jurisdiction
These General Conditions of Use, as well as the use of the Website, shall be governed by Spanish law. In the event of a dispute, the contracting parties submit to the courts and tribunals of the place of residence of the interested party, with the party breaching the contract assuming the judicial and extrajudicial expenses arising from the claim, including the expenses of lawyers, solicitors, etc.
In the event that any stipulation of these General Conditions of Use is unenligible or void under the applicable legislation or as a result of a judicial or administrative decision, such unenligibility or nullity will not make these General Conditions of Use unenexigible or null and void as a whole. In such cases, the COMPANY will proceed to the modification or replacement of said stipulation by another that is valid and enforceable and that, as far as possible, achieves the objective and claim reflected in the original stipulation.