TERMS AND CONDITIONS OF USE

 

WARNING: THE ENGLISH VERSION OF THE TERMS AND CONDITIONS IS FOR PURELY INFORMATIONAL PURPOSES. IN THE EVENT OF ANY CONTRADICTION BETWEEN THE ENGLISH VERSION AND THE SPANISH VERSION, THE LATTER SHALL ALWAYS PREVAIL.

1. INTRODUCTION

The present Terms and Conditions of Use regulate the access and use to the domain www.balbacamino.es (hereinafter, the Website) which AURIGA SPORT, S.L. domiciled in Calle López Quesada 2, 28050, Torrelodones, Madrid, with Tax Identification Number B-82234451, listed in the Trade Register of Madrid, in Volume 14.004 of the Records, Book 0, Folio 89, Section 8, Page nº C-3.342, Entry 1 and e-mail info@auriga.es (hereinafter AURIGA) offers to the Internet users (hereinafter the User or the Users).

The present Terms and Conditions of Use will be applied jointly with the Privacy Policy and the Cookies Policy of this Website, and any other document that regulates the aspects of the Website without one prevailing over the other.

The access to the Website is conditioned by the User’s prior reading and acceptance of the terms, conditions, communications, warnings or legal notices included in this document by any User. However, the access to the Website is free and its viewing does not require any subscription or previous registration.

Therefore, from the moment the Users access the Website they accept these Terms and Conditions of Use. If any User does not agree with the contents or any part of the contents of the present Terms and Conditions of Use, the User must leave the Website, which means that they will not be able to use or access any of the services it offers.

These Terms and Conditions of Use are applicable to all means of access to the Website, including the Internet, via mobile phone or any other device.

The User declares to be of legal age (+18) and/or have enough juridical capacity to be bound by these Terms and Conditions of Use. In the same way, the User expressly accepts, without conditions of any type, that he or she accesses and uses this Website and its contents under their own responsibility.

The Website is a website with the aim of, among other things, informing the Users about the services, work and experience of AURIGA, as much as facilitating and providing interesting and relevant information about AURIGA. Any use of the website different to the one authorised in this Terms and Conditions of Use is explicitly forbidden.

AURIGA reserves the right, without prior notification, to make changes and modifications it considers necessary to the Website or these Terms and Conditions of Use.

2. GUARANTEES AND OBLIGATIONS OF THE USER

The User must use the Website lawfully according to the current law, observing AURIGA’s (and third parties’) Intellectual and Industrial Property rights.

The User commits to not performing any action through AURIGA’S Website that may damage or change any contents of the Website or any which may hinder the Website’s running or cause technical problems such as transferring elements with computer viruses, which may totally or partially damage, interfere with or intercept this Website, and neither may they intervene in or interfere with the electronic mail of other users.

The use of data and/or information provided by this Website is at the User’s own risk.

The User guarantees that any activities carried out in the Website are in accordance with the law, ethical standards, generally accepted morality and public policy, and also guarantees that the activities he/she carries out will on no account be harmful to AURIGA or any other Company, or other Users or third parties of the Website.

The Users will not be able to add any links or hyperlinks to the Website from any other website without the previous and express consent from AURIGA, unless otherwise stated on the Website.

3. LINKS AND HYPERLINKS

If the Website contains links or hyperlinks from other websites which are not managed by AURIGA, AURIGA states that it has no control over those websites, and will not be responsible for their content. Any links on this Website are offered solely for informative purposes, with no opinion being expressed about their content, services or products offered by them. Under no circumstances shall those links be considered as recommendations, sponsoring or distribution on the part of AURIGA of products, services or contents created by third parties offered or disclosed (in any way) by the aforementioned websites, unless it is explicitly mentioned.

AURIGA disclaims any responsibility in relation to products and services provided by those third parties in case of any claim or lawsuit filed against them.

4. GUARANTEES AND RESPONSIBILITIES OF AURIGA

AURIGA has the right to suspend temporarily and without notice the access to the Website; however, it will do its best to inform the Users, whenever the circumstances allow it.

AURIGA does not guarantee the veracity, reliability, accuracy, suitability or convenience of any information provided to the Users by third parties.

AURIGA has no obligation and does not control the use of what the Users do on the Website and/or its contents. Therefore, AURIGA cannot guarantee that the Users make use of the Website and/or its contents offered according to these Terms and Conditions, neither that they do it carefully and wisely. AURIGA has no obligation to verify and does not verify the Users’ identities, neither the veracity, validity, exhaustiveness and/or authenticity of data that the Users provide.

The User understands and accepts that the Website has been created and developed bona fide by AURIGA and offers it in its current state to the Users.

However, AURIGA does not control or guarantee the absence of viruses or any other elements on the Website that could alter the computer system (software and hardware) of the User or any electronic documents and files stored in that computer system. AURIGA exempts itself from any responsibility for damages of any nature incurred due to a virus in the contents of the Website which could alter the computer system, electronic documents, files, etc.

AURIGA is not responsible for any User access problems and/or incorrect access to the Website due to the use of a computer system (software and hardware) not suitable for that purpose, neither is it responsible for the use of certain browsers, or Internet access restrictions, etc., and/or any other circumstances that could affect the access to the Website by the Users.

AURIGA has the right, but not the obligation, to oppose and/or delete any content, comment, etc. which infringes these Terms and Conditions of Use and any of its Policies, when it becomes aware of it, as well as deny or cancel access to the Website to any person or entity, as it sees fit. On this basis, the Users can notify AURIGA about any breaches of its Terms and Conditions of Use and its Policies through the following e-mail address: info@auriga.es

5. PROTECTION OF DATA AND COOKIES

AURIGA will respect at all times the provisions set forth in the Spanish Organic Law 15/1999, of December 13, on the Protection of Personal Data, as well as those provided by the current law in regards to protection of personal data and the use of Cookies. AURIGA will apply any necessary measures in order to protect any data that contains the Users’ personal data.

The Users can find more information about this at the Privacy Policy and the Cookies Policy of the Website.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY

AURIGA, as the owner or the exclusive- or non-exclusive assignee, holds all the Intellectual and Industrial Property rights of every element of the Website.

All designs, images, charts, brands, signs, distinctive marks or AURIGA’s logotypes, frames, banners, the software and its source codes and objects, etc. of the Website are the property of AURIGA, original owner or the assignee of their exploitation rights of Industrial and Intellectual Property.

Any distinctive signs, logotypes, commercial names and/or brands belonging to other companies which may appear on the Website during browsing are the property of each of them; however, AURIGA lawfully possesses their rights as well as consent to incorporate them into the Website.

The Users must not copy, modify, distribute, transmit, reproduce, publish, assign or sell the content and/or aforementioned elements, nor must the User create new products or services originating from content or information of the Website.

The viewing and the use of the Website is authorised for personal use and other authorised uses by the Users, but not for commercial purposes.

AURIGA will make its best effort to ensure that the contents on the Website do not break the law and/or have a pornographic, xenophobic, racist or discriminatory nature, nor promote violence. These contents may be deleted whenever AURIGA becomes aware of any of the aforementioned infringements.

7. MISCELLANEOUS

The present Terms and Conditions of Use shall constitute the total agreement between AURIGA and the User with regard to the subject matter of this document and these will be only modified through a written amendment signed by a person authorised by AURIGA or by the publication of a version revised by AURIGA.

If any clause of the present Terms and Conditions of Use were to be declared totally or partially invalid or ineffective, this would only affect this provision or the part of it that was considered invalid or ineffective, but the rest of the Terms and Conditions of Use would remain valid and only the aforementioned provision, or part of it, would be affected, unless it compromised an essential part of the Terms and Conditions.

8. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions, as well as any relationship between the Users and Auriga, shall be governed by Spanish Legislation. In case of conflict regarding the application and interpretation of these Terms and Conditions of Use, the parties will be subject to the Courts and Tribunal of the city of Madrid.

Notwithstanding the foregoing, once the Users are considered to be Consumers, they will be able to claim their rights according to the present Terms and Conditions of Use not just in Spain but also in their Member State of residence in the European Union.