OBJECT
The purpose of this document is to establish the General Terms and Conditions of Use of the www.giglon.comwebsite (hereinafter, the Website), owned by GIGLON SL (hereinafter, the Website Owner), with registered office at C. de Pedro Heredia 17, 3º Madrid 28028. The Portal Owner reserves the right to modify these General Terms and Conditions of Use in order to adapt them to the applicable legislation in force at any given time, new case law and customary market practices. These General Terms and Conditions of Use do not exclude the possibility that certain Services of giglon.com, due to their particular characteristics, may be subject, in addition to the General Terms and Conditions of Use, to their own specific terms and conditions of use (hereinafter the Conditions of Purchase). The use by the User of any of the Services of giglon.com implies their adherence to and express acceptance of all the General Conditions of Use in the version published on this website at the time the user accesses the portal, as well as the Conditions of Purchase that, where applicable, may be applicable.
TERMS OF ACCESS AND USE
I. USER STATUS
Acceptance of the general terms and conditions and privacy policy, together with the use of any Service on the Portal, confers the status of User of the Portal.
Registration requirement
In general, User Registration will not be necessary to access the Portal Services. However, the use of certain Services (which will be indicated on the website) is conditional upon prior User Registration. This registration will be carried out in the manner expressly indicated in the Service itself or in the applicable Terms and Conditions of Purchase.
Use of the Portal and its Services
The User acknowledges and accepts that the use of the content and/or services offered by giglon.com will be at their sole risk and/or responsibility. The User undertakes to use the Portal and all its content and Services in accordance with the law, morality, public order and these General Conditions of Use, and the Conditions of Purchase that, where applicable, may apply. Likewise, they undertake to make appropriate use of the services and/or content of the Portal and not to use them to carry out illegal or criminal activities that violate the rights of third parties and/or infringe intellectual and industrial property regulations, or any other applicable legal regulations. The User undertakes not to transmit, introduce, disseminate or make available to third parties any type of material or information (data, messages, drawings, sound and image files, photographs, software, etc.) that is contrary to the law, morality, public order and these General Conditions of Use and, where applicable, the Conditions of Purchase that may apply. By way of example, and in no case limited or exclusive, the User undertakes to:
Do not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, or that advocates terrorism or violates human rights.
Do not introduce or disseminate data programmes (viruses and harmful software) on the network that could cause damage to the computer systems of the access provider, its suppliers or third-party users of the Internet.
Do not disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognised constitutionally and in international treaties.
Do not disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.
Not to transmit unsolicited or unauthorised advertising, promotional material, ‘junk mail’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.
Not to introduce or disseminate any false, ambiguous or inaccurate information or content in a way that misleads the recipients of the information.
Not to impersonate other users by using their registration passwords for the various services and/or content of the Portal.
Do not disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the intellectual and industrial property rights, patents, trademarks or copyrights that correspond to the owners of the Portal or to third parties.
Do not disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and personal data legislation.
Not to include on our pages any content that indicates or promotes sexual, racial or religious discrimination or any other violation of the fundamental rights and freedoms recognised by Spanish law; that induces or incites illegal behaviour or leads to erroneous conclusions due to inaccuracy, omission or similar; that contains false or outdated information; that infringe legal or regulatory rules on the secrecy of communications, intellectual property, the right to honour and personal privacy, or that incorporate violent or degrading content, messages or products.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The content, elements and information that users can access through giglon.com are subject to industrial and intellectual property rights belonging to the owner of the website or third parties who own them. Consequently, access to this content or these elements does not grant users the right to alter, modify, exploit, reproduce, distribute or publicly communicate them, or any other right that corresponds to the owner of the affected right. The User must refrain from removing the identifying signs of the rights (intellectual property, industrial or any other) of giglon.com or of third parties appearing on the Portal and in each of the various Services offered through it. Likewise, the User must refrain from circumventing or manipulating any technical devices established by giglom.com or by third parties, whether on the Portal, in any of the Services or in any of the materials, elements or information obtained through it, for the protection of their rights.
DISCLAIMER OF WARRANTIES. LIABILITY
4.1 Availability and Continuity of the Portal and Services
The owner of the giglon.com portal does not guarantee the availability, access, or continuity of the Portal and its Services. The owner of the portal shall not be liable, within the limits established by current legislation, for any damages caused to the User as a result of the unavailability, access failures, or lack of continuity of the Portal and its Services.
4.2 Content and Services
The owner of the portal shall be solely and exclusively liable for the Services it provides itself and for the content it directly originates. Such liability shall be excluded in cases of force majeure or in cases where the User’s equipment configuration is not suitable for the proper use of the Internet services provided by giglon.com. The portal is not responsible for maintenance by third parties (such as those indicated here by way of example, and in no case limited or exclusive: websites, aggregators, payment platforms, social networks or blogs) once you have been removed from our databases.
4.3 Third-Party Content and Services
The owner of the portal does not previously control, nor does it endorse, the content, services, opinions, communications, data, files, products, or any other type of information from third parties, legal entities, or individuals collected on the Portal. Similarly, it does not guarantee the legality, reliability, usefulness, truthfulness, accuracy, completeness, or timeliness of the content, information, and services from third parties on the Portal. The owner of the portal does not control in advance and does not guarantee the absence of viruses and other elements in the content and services provided by third parties through the portal that may cause alterations to the computer system, electronic documents or files of users. The owner of the portal shall not be liable, either indirectly or subsidiarily, for damages of any kind arising from the use and contracting of the Content and Services of third parties on the Portal, as well as for the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness thereof. By way of example, and in no case limited to, it shall not be liable for damages of any kind arising from
a) infringement of intellectual and industrial property rights and defective compliance or non-compliance with contractual commitments acquired by third parties;
b) acts of unfair competition and illegal advertising;
c) inadequacy and disappointment of expectations of third-party Services and Content;
d) faults and defects of any kind in the Services and Content of third parties provided through the Portal.
The owner of the portal shall not be liable, either indirectly or subsidiarily, for damages of any kind arising from the negligent or malicious use of email accounts used for any type of insertion, communication, management or action on the Portal. The owner of the portal shall not be liable, either indirectly or subsidiarily, for damages of any kind caused to the User as a result of the presence of viruses or other elements in the content and Services provided by third parties that may cause alterations to the computer system, electronic documents or files of users. The exemption from liability indicated in the preceding paragraphs shall apply in the event that the owner of the giglon.com portal has no actual knowledge that the activity or information stored is unlawful or that it damages the property or rights of a third party liable for compensation, or if they have such knowledge, they act diligently to remove the data and content or make it impossible to access them.
4.4 User Conduct
The owner of the portal does not guarantee that Users of the Portal will use its content and/or services in accordance with the law, morality, public order, or these General Conditions and, where applicable, the applicable purchase conditions. Likewise, it does not guarantee the veracity and accuracy, completeness and/or authenticity of the data provided by Users. The owner of the portal shall not be liable, indirectly or subsidiarily, for damages of any kind arising from the use of the Services and Content of the Portal by Users or that may arise from the lack of veracity, accuracy and/or authenticity of the data or information provided by Users, or from the impersonation of a third party by a User in any kind of action through the Portal. The owner of the portal shall not be liable for any comments made by users in the sections available for this purpose on the website that are offensive to freedoms and human rights or that promote xenophobic, sexist or intolerant attitudes. The exemption from liability indicated in the preceding paragraphs shall apply in the event that the owner of the giglon.com portal has no actual knowledge that the statements or information stored are unlawful or that they damage the property or rights of a third party liable for compensation, or if they do have such knowledge, they act diligently to remove the data and content or make it impossible to access them. Users are solely and exclusively responsible for the content of any kind, especially texts, videos and photographs, that they upload to the website.
CONTRACTING WITH THIRD PARTIES ADVERTISING ON THE PORTAL.
The User acknowledges and accepts that any contractual or non-contractual relationship that may be formalised with advertisers or third parties contacted through the Portal, as well as their participation in competitions, promotions, sales, purchases or rentals of goods or services, are understood to be carried out solely and exclusively between the User and the advertiser and/or third party. Consequently, the User accepts that giglon.com has no liability whatsoever for damages of any kind arising from their negotiations, conversations and/or contractual or non-contractual relationships with advertisers or third parties, whether individuals or legal entities, contacted through the Portal.
TECHNICAL DEVICES FOR TEXTUAL LINKING
The Portal provides users with technical linking devices and search tools that allow them to access web pages owned by other entities (text links). Users of giglon.com acknowledge and accept that the use of the contents of the linked web pages will be at their own risk and responsibility and exempt giglon.com from any responsibility for the technical availability of the linked web pages, the quality, reliability, accuracy and/or veracity of the services, information, elements and/or content that the customer may access on them and in the search directories included in the Portal. The owner of the portal shall not be indirectly or subsidiarily liable for damages of any kind arising from a) the operation, unavailability, inaccessibility and lack of continuity of the linked web pages and/or the available search directories; b) the lack of maintenance and updating of the content and services contained in the linked web pages; c) the lack of quality, inaccuracy, illegality, or uselessness of the content and services of the linked web pages.
PROTECTION OF PERSONAL DATA
Before completing the User Registration form, where necessary, you must read and accept the following information on Data Protection available in the ‘Privacy Policy’ section. Modifications The owner of the giglon.com portal reserves the right to make any modifications it deems appropriate, and may modify, delete and include, unilaterally and without prior notice, new content and/or services, as well as the way in which these are presented and located.
a. Right of exclusion
The owner of the giglon.com website reserves the right to deny or withdraw access to the Website and/or the services offered, without prior notice, at its own request or that of a third party, to those users who may be in breach of these General Terms and Conditions of Use and/or any Specific Terms and Conditions that may apply.
b. Minors
In general, in order to use the Portal Services, minors must first obtain authorisation from their parents, guardians or legal representatives, who will be responsible for all actions carried out through the Portal by the minors in their care. In those Services where it is expressly stated, access will be restricted solely and exclusively to persons over 18 years of age.
TERM AND TERMINATION
The provision of the services and/or content of the Portal is indefinite. Notwithstanding the foregoing, the owner of giglon.com is entitled to terminate, suspend or interrupt unilaterally, at any time and without prior notice, the provision of the service and the Portal and/or any of the services, without prejudice to what may have been provided in this regard in the corresponding specific conditions.
LAW AND JURISDICTION
All matters relating to the Portal are governed by Spanish law and are subject to the jurisdiction of the relevant courts and tribunals.