Legal

Legal Notice
The website www.gavagrup.es (hereinafter, the “Website”) is owned by KOPALMERIA, S.L. (hereinafter, the “COMPANY”), being its registered office: Ctra. Sector IV, Nº1 , 04745 – La Mojonera (ALMERIA) and CIF B04532024.

KOPALMERIA, S.L. welcomes and encourages you to carefully read the General Conditions of Use of this Website (hereinafter, “General Conditions of Use”) that describe the applicable terms and conditions that shall be applied to your navigation on it, in accordance with the provisions of the Spanish regulations. As the company could modify these Conditions of Use in the future, we recommend you to regularly read them in order to be properly informed about the changes made.

As KOPALMERIA, S.L. aims to have a website that meets transparency, clarity and simplicity criteria, we inform you that any suggestion, doubt or querie on the General Conditions of Use will be welcomed and solved when contacting the company via email at kopalmeria@gavagrup.com.

1. Object

KOPALMERIA, S.L. provides clients with the content and services available at its Website, which is subject to these General Conditions of Use and personal data processing policy (hereinafter, the “Data Protection Policy”). Accessing or using this Website in any form qualifies you as “User” and this means that you agree to every General Condition of Use without any exception, reserving the Company its right to modify them anytime. As a consequence, every User is responsible for carefully reading the applicable General Conditions of Use every time this Website is accessed. Therefore, if you do not agree with any of the conditions herein expressed, you have to refrain from using this Website.

Likewise, you are warned that, sometimes, special conditions may be applied to the use of the specific contents and/or services of this Website. By using the said specific contents and services, you agree to these special conditions specified on them.

2. Services

Through its Website, KOPALMERIA, S.L.’s users have access to: Information about the company, contact details, products and services, rates, commercial offers, location; an area to make queries by providing personal data; links to access our social networks (hereinafter, “Services”).
3. Privacy and Data Processing
When providing personal data is necessary to access some contents or services, Users must ensure that they are true, exact, authentic and valid. The company will apply the corresponding automatic process to these data, depending on their nature, purpose or the terms specified in the section Data Protection Policy.

4. Industrial and Intellectual property

The User understands and accepts that all the contents shown in the Website, specially the designs, texts, images, logos, icons, buttons, software, business names, brands, or any other signs susceptible for industrial and/or commercial use are subject to Intellectual Property rights, and all the brands, business names or distinctive signs, all the intellectual and industrial property rights on the contents and/or any other elements integrated in the webpage, which are exclusive property of KOPALMERIA, S.L. and/or of a third party who has the exclusive right to use them for economic circulation. Because of this, the User agrees not to reproduce, copy, distribute, give or make public, transform or modify such contents, keeping the company free from any complaint that derives from the breach of such obligations. Under no circumstance does the access to the Website involve any resignation, transmission, total or partial license or cession of the said rights, unless it is expressly stated otherwise. The present General Conditions of Use of the Website do not confer Users other rights to use, alter, exploit, reproduce, distribute, publicly communicate the Website and/or its several Contents, different to the ones herein expressly provided. Any other use or exploitation of any of these rights is subject to the previous and express authorization specifically granted for that purpose by KOPALMERIA, S.L. or the third party who owns the corresponding rights.

Contents, texts, photographs, designs, logos, images, computer programs, source code and, generally, any intellectual creation existing in this site, as well as the whole site as a multimedia artwork, are protected as copyrights by the intellectual property law. KOPALMERIA, S.L. is the owner of the elements that integrate the graphic design of the Website, menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content on the Website or, in any case, has the corresponding authorization to use the said elements. The content shown in the Website may not be reproduced totally or partially, may not be transmitted nor recorded by any information retrieval system, in any form or by any means, unless prior written authorization has been obtained from the said Entity.

Likewise, it is forbidden to delete, evade and/ or manipulate the copyright as well as the technical protection devices, or any information mechanisms that may store the contents. The User of this Website agrees to respect the said rights and to avoid any action that could affect them. The company reserves its right to use any means or take any legal action in defence of its legitimate intellectual and industrial property rights.

5. Obligations and Responsibilities of the Website User

The User agrees to:

Make a proper and lawful use of the Website, as well as of the contents and services, in accordance with: (i) the applicable legislation at any time; (ii) the General Conditions of Use of a Website; (iii) the generally accepted moral standards and good practice and (iv) the public order.
Be provided with all the technical means and requirements necessary to access the Website.
Provide truthful information when filling the Website forms with personal data and to keep them updated at any time so that they meet the actual situation of the user. The User shall be the only person responsible for the false or imprecise statements that they provide and for the damage that these information cause to the company or third party.

In spite of the provisions of the former section, the User shall also refrain from:

a) Making a non-authorized or fraudulent use of the Website and/or its contents with illegal, purposes or effects, which are forbidden in these General Conditions of Use; with purposes that are harmful for the rights or interest of third parties; or that may, in any way, harm, render, overload, damage or hinder the normal usage of the services or documents, files and all the contents that are stored in any computing equipment.
b) Accessing or trying to access restricted resources or areas of the Website, without meeting the conditions required for such access.
c) Causing damages to physical or logical systems of the Website, suppliers or third parties.
d) Introducing or disseminating computer viruses on the network or other physical or logical systems that are susceptible to provoke damage to the physical or logical systems of the company, suppliers or third parties.
e) Trying to access, use and/ or manipulate the data of the company, third-party suppliers and other Users.
f) Reproducing or copying, distributing, allowing the access to the public through any form of public communication, transforming or modifying the contents, unless the owner of the corresponding rights authorizes it or it is legally allowed.
g) Deleting, hiding or manipulating the notes on intellectual and industrial property rights and other ID data for the rights of the company or third party integrated on the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents.
h) Obtaining and trying to obtain the contents by using means or procedures different to, depending on the case, the ones provided for that or have been expressly indicated in the web pages where the contents are shown or, generally, to the ones that are normally used on the Internet for not entailing a risk of damage or disablement of the website and/or contents.
i) Particularly, and on a purely indicative and not exhaustive basis, the User agrees not to transmit, disseminate or to make available for third parties information, data, contents, messages, graphics, audio and/or visual files, photographies, recordings, software and, in general, any kind of content that:
(i) Is contrary to, undervalues or threatens the fundamental rights and public liberties that are recognized in the constitution, in International Treaties and in the rest of the legislation in force.
(ii) Induces, incites or promotes criminal, denigrating, defamatory or violent actions or, in general, actions that are contrary to the law, moral standards, generally accepted good practices or public order.
(iii) Induces, incites or promotes discriminating acts, attitudes or thoughts because of gender, race, religion, beliefs, age or condition.
(iv) Incorporates, makes available or allows access to , criminal, violent, offensive, harmful, degrading products, elements, services and/or messages or, in general, that are contrary to law, moral standards and generally accepted practices or public order.
(v) Induces or may induce an unacceptable state of anxiety or fear.
(vi) Induces or incites to be involved in practices that are religious, risky or damaging for health and mental balance.
(vii) Is protected by intellectual or industrial property legislation of KOPALMERIA, S.L. or third parties without the corresponding authorization for the desired purpose.
(viii) Is contrary to honor, personal and family privacy or to the own image of people.
(ix) Constitutes any kind of advertising.
(x) Includes any type of virus or program that hinders the normal functionality of the Website.

If you are provided with a password to access some of the services and/or contents of the Website, you must use it in a diligent way, keeping it always secret. Consequently, you shall be responsible for safeguarding it properly and maintaining it confidential, agreeing not to transfer it to third parties nor temporarily or permanently, and not to allow the access of the said services and/or contents to external persons. Likewise, you must notify the company of any fact that may entail a misuse of your password, like, to name some, if it is stolen or lost, or if your account has been accessed without authorization, in order to proceed to its immediate cancelation. Consequently, as long as you do not notify it, KOPALMERIA, S.L. shall be exempt from any responsibility that may derive from the misuse of your password. Any illicit use of the contents and/or services of the Website by an illegitimate third party is your responsibility.
If, in a negligent or fraudulent manner, you do not comply with any of the obligations established in the present General Conditions of Use, you shall take responsibility for all the damages that could be derived from this non-compliance and that affect KOPALMERIA, S.L.

6. Responsibilities

KOPALMERIA, S.L. does not guarantee the continued access nor the proper visualization, download or use of the elements and information included in the pages of the Website, which may be blocked, hindered or interrupted by factors or circumstances beyond its control.
KOPALMERIA, S.L. does not take responsibility for the decisions that may be made as a consequence of the access to the contents or information provided.
KOPALMERIA, S.L. may interrupt the service or immediately resolve its relation with the User if they detect that the use of their Website or any of the provided services therein are contrary to the present General Conditions of Use. The company does not take responsibility for the damages, loss, complaints or costs derived from the use of their Website. They are only responsible for deleting, as soon as possible, the contents that may generate such damage, as long as it is notified as so. Particularly, they are not responsible for the damages derived, among others, from:
(i) interferences, interruptions, errors, omissions, telephone breakdowns, delays, blockades or disconnections in the functioning of the electronic system, that are motivated by deficiencies, overloads and errors on the telecommunications lines and networks, or by any other cause that goes beyond the control of the company.
(ii) illegitimate intrusions produced by the use of malwares of any kind and by any means of communication, such as computer viruses or any others.
(iii) improper or inappropriate use of the Website.
(iv) security or navigation faults produced by the malfunctioning of the browser or by the use of outdated versions thereof. The Company’s managers reserve their right to remove, in totally or partially, any content or information on the Website.

KOPALMERIA, S.L. does not take any responsibility for the damages of any kind that may be produced because of the misuse of the free disposal services and use by the Users of the Website.
Likewise, the company is released of any responsibility for the content and information that may be received as a consequence of the collecting data forms, being these only used for queries and doubts services. On the other hand, in case damages are caused by an illicit or improper use of these services, the company may demand the User because of the damages caused.

You shall defend, compensate and keep the company from any damages that derive from complaints, actions or lawsuits made by third parties as a consequence of accessing or using our Website. Likewise, you must compensate KOPALMERIA, S.L. when it suffers damages derived from the use by robots, spiders, crawlers or similar resources which purpose is to collect or withdraw data, or in any other action by which unreasonably affects the correct functioning of the Website.

7. Links

The User agrees not to reproduce by any means, not even by links, the KOPALMERIA, S.L. Website, as well as its contents, unless they have an express written authorization by the company.
KOPALMERIA, S.L. Website includes links to other Websites managed by third parties, with the aim of making the access of the User to the information of other collaborating and/or sponsor companies easier. With regard to this, the company takes no responsibility for the contents of the said websites, and does not guarantee and/or provide the services and/or information that third parties may offer through third-party links.

The User is granted a limited, revocable and non-exclusive right to create links to the homepage of the Website exclusively for a private and non-commercial use.The Websites containing links to our Website (i) may not suggest that the company recommends that website, services or products; (ii) may not fake its relation with the company nor claim that the company has authorized such a link, or include trademarks, names, trade names, logos or other distinctive signs of the company; (iii) may not include contents that could be considered as vulgar, obscene, offensive, controverted, that encourage violence or gender, race or religion discrimination, contary to public order or illicit; (iv) may not use links different to the homepage of the Website; (v) must use links with the very own Website address, avoiding that the website that contains the link reproduces the Website as part of its web or frames or creates a browser on any of the pages of the Website. KOPALMERIA, S.L. may request, at any time, that you delete any link to its Website and afterwards you must proceed to their deletion immediately. The company may not control the information, contents, products or services provided by other websites that contain links to the Website.

Consequently, KOPALMERIA, S.L. does not take any responsibility for any aspects related to such websites.

8. Data protection

In order to use some of the Services, the Users must provide personal data previously. For that, KOPALMERIA, S.L. shall automatically process the Personal Data with accordance with the Personal Data Protection regulations. To check them, the User may access the applied policy in personal data processing, as well as the previously established purposes and the provisions of the defined conditions of the Data Protection Policy of this Website.

9. Cookies

KOPALMERIA, S.L. reserves the right to use cookie technology in its Website, in order to recognize you as a frequent User and personalize the usage that you make of the Website through the preselection of your language, or more expected or specific contents. The cookies of this Website, or third party that acts on behalf of it, are solely associated with one anonymous user and its computer, and do not provide user personal data by themselves.
Cookies are files sent to a browser by a Web server to record the User’s navigation on the Website, as long as the User allows their sending. In turn, they may delete cookies following the instructions of their browser.

Thanks to cookies, the company is able to recognize the browser of the computer used by the User, with the aim of providing contents and show navigation and advertising preferences, as well as to recognize demographic profiles to measure visits and traffic parameters, monitor progress and number of entries.

10. Duration and termination

The service provision of this Website and other services have, initially, an indefinite duration. However, the company may terminate or suspend any of the services of the portal. When possible, the company shall announce the termination or suspension of a certain service provision.

11. Declarations and Guarantees

In general, the contents and services provided in the Website are purely informative. Therefore, when providing them, KOPALMERIA, S.L. does not guarantee or declare any relation with the contents and services offered in its Website, including, to name some, legality, reliability, usability, truthfulness, accuracy or commerciability guarantees, except for those statements and guarantees that can not be excluded by law.

12. Force majeure

KOPALMERIA, S.L. does not take the whole responsibility for the inability to provide a service, if it is due to long-term disruption of electricity supplies, communication lines, social conflicts, strikes, rebellions, explosions, floods, Government acts or omissions, and generally all the force majeure and unforeseeable circumstances.

13. Dispute settlement. Applicable law and jurisdiction

The present General Conditions of Use, as well as the usage of the Website, will be governed by the Spanish legislation, which shall be applied to all the matters that are not provided in these conditions, regarding interpretation, validity and execution.

KOPALMERIA, S.L. and the User, expressly renouncing to any other jurisdiction, submit to the Courts and Tribunals of ALMERIA to review any issues derived from the existence, interpretation or application of these General Conditions; except for the cases in which the user is a consumer or user to which this clause shall not apply, in accordance with the applicable law.
In case any clause of the present General Conditions of Use is found unenforceable or invalid according to the applicable law or as a consequence of a judicial or administrative decision, such unenforceability or invalidity shall not imply that the present General Conditions of Use are unenforceable or invalid as a whole. In these cases, KOPALMERIA, S.L. shall proceed to the modification or substitution of the said clause by another one that is valid and forcible and that, as far as possible, reaches the goal and intent reflected in the original clause.