At Dos Hermanas (Seville), 4 July 2013
1. Legal information and user obligations
This notice governs the use of the Internet Website (hereunder “Website”) that Grupo Ybarra Alimentación, S.L. (hereunder, “YBARRA”) provides to Internet users through this link: www.ybarragroup.com.
As established in Article 10, of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, it is clearly stated that Grupo Ybarra Alimentación, S.L. (hereunder “Ybarra”), is a Spanish company with its place of business in Dos Hermanas (Seville), Carretera Isla Menor, Km. 1,8, C.P. 41700, with the Spanish fiscal identification B-91616227, that is duly registered in the Trade Registry of Seville, Volume 4,632, sheet 49, page SE-72.881. Telephone: (+34) 902 01 45 55 Fax: (+34) 954 72 28 66 Email: email@example.com.
Access to the YBARRA Website is free except for the relative connection cost through the telecommunications network of the user’s Internet provider. Nevertheless, certain access may be only for the use of YBARRA’s clients, employees or shareholders, in which case access is restricted.
Some of the Website’s available services for Internet users or exclusive services for YBARRA clients may be regulated by certain conditions, regulations or instructions, in which case these substitute, complement and/or modify this Legal Notice and must be accepted by the user before service is provided.
YBARRA does not guarantee the continued access, correct viewing, downloading or use of the elements and information on the Website, which may be restricted, blocked or interrupted due to factors beyond its control.
The use of the Website confers the status of Website Users (hereunder “Users”) and implies the acceptance of all the conditions included in the Legal Notice. The Website’s services have a limited duration from the moment Users enter the Website. Therefore, Users should carefully read the Legal Notice every time they wish to enter, as it and the conditions stated in this Legal Notice may undergo modifications with no prior notice.
Users commit not to use the Website www.ybarragroup.com, its services or content in a manner contrary to current applicable legislation. YBARRA reserves the right to deny access to the Website with no prior notice to any user that infringes this Legal Notice.
The Website’s content will in no case be of a contractual nature. As such, the aforementioned content at no time will link, affect or damage in any way YBARRA or companies of its Group.
The Website may have links to other websites, in which case, upon entry to these, the Users, visitors or participants will be subject to their conditions of use.
2. Intellectual and industrial property
All the Website’s content, understood to include (but not exclusively) the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual and audio content, as well as the graphic design and coding source, are the intellectual property of YBARRA or third parties; without their commercialisation rights (as granted by current legislation on intellectual property) being understood as ceded to Users at any time, except in those cases when it is essential for using the Website.
The brands, commercial names or logos are property of YBARRA or third parties. Access to the Website is not understood as granting any rights over the aforementioned brands, commercial names or logos.
3. Website conditions of use
Users are obligated to use the Website properly, in compliance with the law and this Legal Notice. Users will be held accountable by YBARRA or third parties in the case of any harm or damages that may have been caused by the infringement of the aforementioned obligations.
It is expressly forbidden to use the Website for purposes harmful to the property or interests of YBARRA or third parties, or in any other way that overloads, damages or disables networks, servers and other computer equipment (hardware) or products and applications (software) of YBARRA or third parties. Users agree to use content in accordance with the law and this Legal Notice, as well as other conditions, regulations and instructions that may be applicable in accordance with the provisions of Clause 1.
All information provided by Users via the Website’s forms regarding the aforementioned terms or any other must be true. For this purpose, Users guarantee the authenticity of all data provided to YBARRA and promise to keep this information fully updated so that it reflects the actual situation of said Users at all times. In any case, Users alone shall be held accountable for any false or inaccurate statements made and damages caused to YBARRA or third parties by the information provided.
Internet users that wish to include links from their own websites to the Website must meet the conditions detailed below (ignorance of these terms does not negate legal liability):
- The link will only connect to the Website’s home page and will not reproduce it in any way (inline links, copied texts, graphics, etc.).
- It is completely prohibited, in accordance with applicable and valid laws, to establish frames or snapshots of any kind over the Website or display content through different Internet sites other than the Website. It is forbidden for content to be viewed together with content not from the Website in such a way as to: (i) potentially cause confusion or mislead users about the true purpose of the service or content, (ii) involve an act of false comparison or falsification, (iii) exploit the reputation of the YBARRA brand and prestige, or (iv) in any other way prohibited by applicable laws.
- The website hosting the link will not include any false, inexact or incorrect statement about YBARRA, its shareholders, employees, clients and especially its quality of service.
- In no case may the website hosting the link display YBARRA’s consent for the inclusion of the link on their site, or express in any other way that YBARRA sponsors, collaborates on, verifies or supervises the services provided by the given website.
- It is forbidden to use any name, graphic or any other distinguishing marks of YBARRA within the website hosting the link except as permitted by law or expressly authorised by YBARRA and, only when a direct link is provided to the Website in the way stipulated in this Legal Notice.
- The website hosting the link shall comply with the law and may not under any circumstances provide or link to their own content or others that: (i) are unlawful or contrary to morals and good customs (pornographic, violent, racist, etc.); (ii) induce or could induce in the user the false impression that YBARRA endorses, promotes or in any way supports the (lawful or unlawful) ideas, statements or expressions of the host; or (iii) are inappropriate or irrelevant to YBARRA activities regarding the place, content and subject of the hosting website.
4.1 On information
Access to the Website does not imply any obligation on the part of YBARRA to verify the truthfulness, accuracy, suitability, completeness and current nature of the information provided through it. The content of this Website is of a general nature and does not constitute binding commitments of any kind in any way. As such, this information is inappropriate for Users to make personal or business decisions.
YBARRA is not liable for the decisions made from information provided on the Website or damages caused to Users or third parties by actions that were based solely on information obtained from the Website.
4.2 On service quality
Access to the Website does not imply any obligation on the part of YBARRA to ensure the absence of viruses, worms or any other malicious software. In any case, it is the User’s responsibility to have available and adequate tools for the detection and disinfection of harmful computer programs. YBARRA is not liable for the damages to computers belonging to Users or third parties during use of Website services.
4.3 On service availability
Access to the Website requires services and supplies from third parties, including transport via telecommunications networks. As such, the reliability, quality, continuity and operation of these services is not YBARRA’s responsibility. Accordingly, the services provided through the Website may be suspended, cancelled or blocked prior to or simultaneously with use of the Website’s services. YBARRA is not liable for damages of any kind caused to Users as a result of the failure or disconnection of telecommunications networks that cause the suspension, cancellation or discontinuance of Website services while providing said services or prior to providing said services.
4.4 On content and services linked through the Website
The Website service includes technical linking devices, directories and even search tools that allow Users to access other websites and online sites (hereunder “Linked Sites”). In these cases, YBARRA acts as an intermediary service provider as established in Article 17, of Law 34/2002, of July 12, on Information Society Services and Electronic Commerce (LSSI) and will only be liable for the content and services supplied on the Linked Sites to the extent that it is fully aware of their legality and has not deactivated the link with due diligence. In the event that Users consider a Linked Site to have unlawful or inappropriate content, they may contact YBARRA according to the procedures and purposes specified in Clause 6, but under no circumstances will the notice entail an obligation to remove the corresponding link. In no case does the existence of Linked Sites presuppose any kind of agreement with the managers or owners thereof, or the recommendation, promotion or identification on the part of YBARRA with statements, contents or services provided. YBARRA is unaware of the contents and services on Linked Sites and therefore is not liable for damages caused by the unlawfulness, quality, unavailability, error or uselessness of the content and/or services on Linked Sites or for any other damages not directly attributable to YBARRA.
5. Protection of personal data
Users may revoke their consent and have the right to access, correct, cancel and oppose the use of their data by writing for such purpose to the place of business mentioned in Clause 1.
YBARRA has taken the security measures stipulated in the Regulations on Security Measures approved by Royal Decree 1720/2007, of 21 December, which approves the Regulation developing Law 15/1999, of 13 December, on the Protection of Personal Data. However, no method of security on a communication medium like the Internet is completely protected, and data leaks may occur due to harmful action by a third party.
6. Notification of illegal/inappropriate activities
In the event that Users or any other Internet users become aware that Linked Sites connect to pages whose content or services are unlawful, harmful, degrading, violent or morally questionable, they may contact YBARRA and include their personal contact information (name, address, phone number and email address) and a description of the facts that prove the illegality or inappropriateness of Linked Site. In the event of rights being violated (such as intellectual property), the personal data of the holder of the violated rights should be included when it is someone other than the claimant. Documentation must also be provided to certify the holder’s legitimate rights and, when appropriate, a representative to act on behalf of the owner when it is someone other than the claimant. An express statement that verifies the accuracy of the complaint must also be included.
In accordance with the LSSI, YBARRA’s receipt of the complaint covered in this Clause does not mean the express knowledge of the activities and/or content indicated in the complaint.
Each and every one of the clauses of this Legal Notice is governed by Spanish law.