1. Identity of the owner of this website.
In accordance with Law 34/2002, of 11th July, on Information Society Services and Electronic Commerce, we inform you that the owner of www.elkargi.es is:
Company name: ELKARGI, S.G.R.
VAT no. V-20066411
Address: Paseo Mikeletegi, 50. 20.009 San Sebastián.
Telephone no. +34 943 30 90 60
Fax: +34 943 30 91 90
Register details: Entered in the Gipuzkoa Business Register, Volume 400, Folio 154, Sheet 6.442, 1st Entry.
2. Terms & conditions of use of this website.
By accessing this website you acquire the condition of its “User”. You therefore expressly and without reservation accept the general conditions published in www.elkargi.es immediately you access the website.
As its User, you must read these terms and conditions of use each time you intend to access and, where appropriate, use the services provided by means of this website given that these terms and conditions are subject to change.
A “User” will therefore be understood as any person who accesses, browses, uses or participates in the services and activities, free of charge or otherwise, developed in http://www.elkargi.es.
2.1. Purpose and scope of application.
These terms and conditions of use regulate the access to, browsing and use of www.elkargi.es, in addition to the responsibilities arising from use of its contents, such as texts, graphs, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, in addition to any other creation protected under national laws and international agreements on intellectual and industrial property.
ELKARGI, S.G.R. can establish particular conditions applicable to the use and/or contracting of specific services, in which case these terms and conditions will be additional in their application.
2.2. Conditions of access and use of the services.
Access to www.elkargi.es is, in principle, open and free of charge. This said, some of the services and contents may be subject to prior contracting of the service or product, in which case the particular conditions created for the purpose by ELKARGI, S.G.R. will apply. Said particular conditions will be made available to you prior to entering the contract.
Minors intending to use the services contained in this website must have received prior consent from their parents, guardians or legal representatives, who will hold sole responsibility for actions carried out by minors in their care.
The User shall at all times make legitimate use of the services offered in this website, in accordance with these terms and conditions, existing legal norms, ethics and public order and with generally accepted Internet practices.
The User guarantees that all information provided by means of the subscription forms included in this website is legitimate, real, exact, truthful and up to date. The User holds exclusive responsibility for immediately informing ELKARGI, S.G.R. of any changes in the information supplied.
The User shall abstain from: introducing viruses, programs, macros or any sequence of characters with the intention of damaging or altering the computer systems of this website; hindering access by other users by massively consuming resources; capturing data included in the website for advertising purposes; reproducing, copying, distributing, transforming or making available to third parties the contents included in this website; carrying out actions by means of the services included in this website likely to have a negative effect on intellectual property, industrial secrets, contractual commitments, third-party rights to honour, image and personal privacy; carrying out actions of unfair competition and illegal advertising.
If, to use and/or contract a service on www.elkargi.es, the User is required to register, they will be held responsible for providing truthful and legal information. If, as a result of registering, the User is provided with a password for accessing these services, they undertake to make conscientious use of said password and to keep it a secret. The User is therefore responsible for ensuring the appropriate safekeeping and confidential nature of any identifying codes and/or passwords provided to them, undertaking not to assign their use to third parties, whether temporarily or permanently, or to permit their access by unrelated persons. The User will be responsible for any unlawful use made of the services by an illegitimate third party using a password obtained due to its careless use or loss by the User. In the event of theft, loss or unauthorised access to their passwords, the User will be responsible for immediately notifying ELKARGI, S.G.R. in order that they may proceed to cancel said passwords. Under no circumstances shall ELKARGI, S.G.R. accept liability for actions carried out by unauthorised third parties while no such notification has been given by the User.
3. Intellectual and industrial property rights.
ELKARGI, S.G.R. owns all intellectual and industrial property rights for all elements making up www.elkargi.es, including the brand, commercial name and signs that identify it. Particularly, but not exhaustively, the graphic design, source code, logos, texts, graphs, illustrations, photographs, sounds and all other elements contained in the website are protected by copyright.
Under no circumstances do access to or browsing www.elkargi.es imply the renunciation, transmission or the concession of total or partial licence by ELKARGI, S.G.R. for their personal use of its intellectual and industrial property rights to the User.
The User therefore recognises that reproducing, copying, distributing, commercialising, transforming, reusing, publicly commercialising and, in general, all other forms of exploitation, no matter what the procedure, of all or part of the contents of www.elkargi.es, without having received express and written authorisation from ELKARGI, S.G.R, constitutes an infringement of its intellectual and/or industrial property rights.
All information not considered as personal details and voluntarily submitted online to www.elkargi.es (including any observations, suggestions, ideas, graphs, etc.) will become the exclusive property of ELKARGI, S.G.R., which will hold the unlimited rights to its use; it will therefore pay no compensation to either the User or any other person for this reason.
4. Responsibilities and guarantees.
ELKARGI, S.G.R. does not guarantee the legitimacy, trustworthiness, usefulness, truthfulness or exactness of the services or information included in www.elkargi.es; it will therefore accept no direct or indirect responsibility for damage of any kind arising from disappointment in regard to the use or expectations of the website User.
ELKARGI, S.G.R. states that it has taken all technical and organisational means, within its power and the scope of technology, to permit correct functioning of the website and the absence of viruses and damaging components; it cannot however take responsibility for: (a) continuity and availability of the services appearing in www.elkargi.es; (b) the absence of errors in said contents or the correction of any defect that may occur; (c) the absence of viruses and/or any other harmful components in www.elkargi.es; (d) the impregnability of the safety measures taken; (e) damage caused by any person who violates the safety systems of www.elkargi.es.
The User will be held solely responsible before third parties for any communication sent personally or on behalf of www.elkargi.es, and for any illegitimate use made of the contents and services offered on this website.
ELKARGI, S.G.R. reserves the right to temporarily suspend accessibility to www.elkargi.es with no prior notice for the purposes of maintenance, repair, update or improvement. Circumstances permitting, ELKARGI, S.G.R. will publish on its website, giving sufficient notice, a warning indicating the date scheduled for suspension of the services.
Links to other websites potentially existing on www.elkargi.es may take the User to websites for which ELKARGI, S.G.R. accepts no responsibility, given that it has no control over them; their only purpose is to inform the User of other sources of information, meaning that the User accesses the content of said websites at their own risk and according to their particular conditions of use.
ELKARGI, S.G.R. accepts no responsibility for use made by Users of the contents and services included in its website. As a result, it neither guarantees that the use potentially made by Users of the contents and services referred to will adapt to these terms and conditions of use nor that they will do so conscientiously.
5. Duration and modification.
ELKARGI, S.G.R. reserves the right to totally or partially change these general conditions of access, publishing the changes in www.elkargi.es. It may similarly make, with no prior warning, all changes it considers necessary to the website; this includes changing, removing or adding contents and services, or the way these contents and services are provided and located. The terms and conditions published at the time the User accesses www.elkargi.es will therefore be considered as those in place at that specific time, which is why the User should read said terms and conditions periodically.
Independently of the particular conditions, ELKARGI, S.G.R. can terminate, suspend or interrupt access to the contents of the page at any time and with no need for prior warning, and the User will have no right whatsoever to compensation for this reason.
6. Applicable legislation and jurisdiction.
Relations between ELKARGI, S.G.R. and the User are governed by the stipulations of current regulations on applicable legislation and jurisdiction. This said, for cases where regulations anticipate the possibility of the parties taking recourse to the law, ELKARGI, S.G.R. and the User, expressly renouncing any other jurisdiction to which they may have the right, accept the jurisdiction of the Courts and Tribunals of the city of San Sebastian.