1. COMPANY DATA AND INTRODUCTION
The present text constitutes the Legal Notice of the Websites owned by DINOSOL Supermercados S.L. (hereinafter, DINOSOL), located at the URL www.hiperdino.es, www.hiperdinoexpress.com, and www.dinosol.es.
DINOSOL is an entity with corporate address at Carretera del Rincón s/n Edificio anexo al CC Las Arenas, 4ª Planta CP 35010, Las Palmas de Gran Canaria, Las Palmas, with TIN: B-61742565 and registered in the Trade Registry of Madrid volume 20731, sheet 76, section 8 page number M-223336.
2. OBJECT AND SCOPE OF APPLICATION
The present Legal Notice regulates the access and use of the Content offered by DINOSOL through its Websites. However, DINOSOL reserves the right to modify the presentation, configuration and content of the Website and the Services, as well as the conditions required for access and/or use of the same. Access and use of the Content and Services after the modifications or changes to the conditions imply acceptance of the same.
However, access to certain content and the use of certain services may be subject to certain Particular Conditions that, depending on the case, will substitute, complete and/or modify the present Legal Notice or the General Conditions and, where applicable for Particular cases, the contradictory terms in the Particular Conditions will prevail over those of the General Conditions and Legal Notice.
Mere access, browsing and use of the Website implies and assumes acceptance by the User of the present Legal Notice.
In this sense, the User will be understood to be any person that access, browses or visualises the content stored on the Website and Registered Users will be understood to be those that access, browse and register to use, store and/or download Content and/or use the Services of the Website.
3. USER OBLIGATIONS
Access and browsing of the Website does not require registration except in order to make use of certain functions and/or services where the provision of certain information will be required, such as name and email address.
Access and browsing of the Website is prohibited for those under 14 years of age except with prior express consent from their parents, guardians or legal representatives, who will be considered to be responsible for the actions carried out by the minors under their care, in conformance with valid regulations. In any case, it will be presumed that access by a minor to the Website is undertaken with prior express consent from their parents, guardians or legal representatives.
The User commits to:
- Accept and comply with the establishments of the present Legal Notice, and of any document that forms an integral part of the same.
- Not to store or communicate through the Website any Content that is contrary to valid legislation, morals, public order or any content with a defamatory, aggressive, obscene, sexually explicit, offensive or violent character or that incites violence, racism or xenophobia, or in general of an illegal character or infringing on rights and/or physical integrity and/or moral integrity of people.
- Register and provide true, accurate, real and up-to-date personal information.
- Not divulge the personal data of other Users of the Website, without prior express authorisation from the same.
- Not slander, abuse, bother, threaten or in any other way put at risk any rights of other Users or any other people.
- Not delete or attempt to delete any security measures adopted and implemented in the Website.
- Not manipulate either the hardware or software necessary for use of the Website.
- Responsibly use their password and keep it secret, not transmitting it to any third party.
- Not transfer the use of the username and password to third parties, whether in a temporary or permanent manner, nor permit access to other people.
- Immediately notify the Website managers of any event permitting incorrect use of the usernames and passwords, such as theft, loss or unauthorised access to the same, with the purpose of proceeding to immediate cancellation.
- Comply with the establishments of valid legislation.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
DINOSOL is the titleholder or has obtained the corresponding licence over the exploitation rights for the intellectual and industrial property of the Website, as well as the intellectual and industrial rights over the information and material contained in the same, the structure, selection, order and presentation of the Content, Services and products available through the same, as well as the computer programs used in relation to the same.
Access, browsing, use, storage and/or download of the Content and/or use of Services of the Website by the User will under no circumstances be understood as a refusal, transmission, licence or transfer, partial or total, of the abovementioned rights by DINOSOL or, where applicable, by the titleholder of the corresponding rights. The User merely avails of a strictly private right to use, with the exclusive purpose of enjoying the provisions of the Service.
In consequence, it is not permitted to delete, elude or manipulate the copyright notice and any other identification data of DINOSOL’s rights or those of their respective titleholders incorporated to the Content and/or Services, as well as the technical protection devices or any information and/or identification mechanisms that may be contained in the same.
In particular, it is expressly prohibited to use the Content of the Website for its inclusion, whether partial or total, on another website apart from the Website without prior written consent from the titleholders of the Website.
The references to commercial or registered names or brands, logotypes or other distinctive symbols, whether owned by DINOSOL or other companies, are implicitly prohibited from use without the consent of DINOSOL or the legitimate owners of the same. Under no circumstances, except with express consent, does access or use of the Website and/or its Content and/or Services confer the User any right to the brands, logotypes and/or distinctive symbols included in the same that are protected by Law.
All rights to intellectual and industrial property are reserved, and, in particular, it is prohibited to modify, copy, reuse, exploit, reproduce, transform, publicly declare, make second or later publications, load files, send by email, transmit, use, treat or distribute in any other way the entirety or part of the Content and products included in the Website for public or commercial purposes, except with express written authorisation from DINOSOL or, where applicable, from the corresponding titleholder of the rights.
5. LICENCE FOR COMMUNICATIONS
In the case that the User sends information of any type to DINOSOL through the Website, through the channels available for this purpose on the Page itself, the User declares, guarantees and accepts that they have the right to do so freely, that said information does not infringe upon any rights to intellectual property, brands, patents, commercial secrets or any other third party rights, that said information is not confidential and that said information is not damaging to third parties.
The User assumes the responsibility and will hold DINOSOL harmless from any communication personally supplied or in their name, with said responsibility including without any restriction the accuracy, legality, originality and ownership of the same.
6. RESPONSIBILITIES AND GUARANTEES
DINOSOL cannot guarantee the reliability, utility or accuracy of the services or of the information provided through the Website, nor the utility or veracity of the documentation of events that may be acquired through the Website, prepared by professionals from many different sectors.
In consequence, DINOSOL does not guarantee or assume responsibility for: (i) the continuity of the content of the Website; (ii) the absence or errors in said content or products; (iii) the absence of viruses and/or other harmful components of the Website or on the server that provides it; (iv) the invulnerability of the Website and/or impregnability of the security measures adopted in the same; (v) the lack of utility or performance of content and products on the Website; (vi) damages or loss caused to the User or a third party where any person has infringed the conditions, standards and instructions that DINOSOL establishes on the Website or through the violation of the security systems of the Website.
Notwithstanding the above, DINOSOL declares that it has adopted all measures necessary, within its possibilities and the technology situation, in order to guarantee operation of the Website and avoid the existence and transmission of viruses and other harmful components to Users. If the User becomes aware of the existence of any content that is illicit, illegal or contrary to the law or that may imply an infraction of the intellectual and/or industrial rights, they must immediately notify DINOSOL so that the latter may proceed to the adoption of the necessary measures.
7.1. Links to other websites
In the case that the the User finds links on the Website or other internet pages through different buttons, links, banners etc., these will be managed by third parties. DINOSOL has no power nor human means nor technicians to know, control or approve all information, content, products or services provided by other websites to which links may be established from the Website.
In consequence, DINOSOL cannot assume any type of responsibility for any aspect related to the web page to which a link may be established from the Website, specifically, including but not limited to, the operation, access, data, information, files, quality and reliability of the products and services, its own links and/or any of its content, in general.
In this sense, if the Users have effective knowledge of the illegality of the activities developed through these third party web pages, they must immediately inform DINOSOL so that the link to the same can be removed.
The establishment of any type of link from the Website to another website does not imply that there is any type of relation, collaboration or dependence between DINOSOL and the manager of the third party website.
7.2. Links on other web pages that lead to the Website
If any User, entity or Website wishes to establish any type of link leading to the Website, they must respect the following stipulations:
- The link may only lead to the Home Page of the Website, except with express written consent from DINOSOL.
- The link must be absolute and complete, that is to say, it must lead the User, through a click, to the URL address of the Website and must include the entire extension of the Home Page of the Website. Under no circumstances, except with express written consent from DINOSOL, may the website creating the link reproduce, in any form, the Website, include it as part of their own website or within a “frame” or create a “browser” for any of the pages of the Website.
- The page that establishes the link may not declare under any circumstances that DINOSOL has authorised said link, except where DINOSOL has done so in an express and written manner. If the entity creating the link on their website wishes to correctly include on their website the brand, denomination, commercial name, banner, logotype, slogan or any other identification element of DINOSOL and/or the Website, they must first avail of express written consent for the same.
- DINOSOL does not authorise the establishment of a link to the Website from websites that contain material, information or content that is illicit, illegal, degrading, obscene and, in general, contrary to morals, public order or social standards as generally accepted.
7.3. Services provided by third parties through the Website
DINOSOL does not guarantee the lawfulness, reliability and utility of the services provided, of the Content supplied by third parties through this page or for those where DINOSOL acts only as an advertising channel.
DINOSOL will not be responsible for damages or loss of any type caused by the services provided, third party Content advertised through the Website and, in particular, including but not limited to, those caused by:
- Non-compliance with the law, morals or public order.
- The incorporation of viruses or any other computer code, file or program that may damage, interrupt or impede normal operation of any software, hardware or telecommunication equipment.
- Infringement of the rights to Intellectual and Industrial Property, or contractual commitments of any type.
- The performance of acts that constitute illicit, misleading or unfair advertising and, in general, that constitute unfair competition.
- The lack of veracity, accuracy, quality, pertinence and/or timeliness of the Content transmitted, revealed, stored, received, obtained, made available or accessible.
- Infringement of the right to honour, personal and family privacy and peoples’ image or, in general, any type of third party rights.
- Inadequacy of any type of proposal and disappointment of expectations generated, or issues and problems that may be generated in relation to third parties.
- Non-compliance, delayed compliance, defective compliance or termination due to any reason of the obligations contracted by third parties and contracts celebrated with third parties.
- Data communication produced between Users.
DINOSOL will not be responsible,in the cases where third party entities advertise their services and/or Content on the Website, for the accuracy of the information provided by the supplier in relation to said services and/or Content, for obtaining the administrative authorisations that may be required from the supplier for the provision of their services, for infringement by the supplier of third party rights and, in general, for any obligation or guarantee that may be required from the supplier for the Users.
DINOSOL has no power nor human means nor technicians to know, control or approve all information, content, products or services provided by other websites to which links may be established from the Website. DINOSOL cannot assume any type of responsibility for any aspect related to the web page to which a link may be established leading to the Website, specifically, including but not limited to, the operation, access, data, information, files, quality and reliability of the products and services, its own links and/or any of its content, in general.
10. DURATION AND MODIFICATION
DINOSOL may modify the terms and conditions stipulated here, totally or partially, publishing any changes in the same manner in which this Legal Notice appears or through any type of communication directed towards the Users.
The temporary duration of this Legal Notice coincides, therefore, with the time that it is exhibited, until it is totally or partially modified, at which time the modified Legal Notice will become valid.
Independently of the establishments of the particular conditions, DINOSOL may terminate, suspend or interrupt, at any time and without the need for prior notice, access to the content of the page, without the User having any right to demand any compensation. After said extinction, the prohibitions for use of the content as stated above in the present Legal Notice will remain valid.
The headings of the various clauses are merely informative, and will not affect, rate or extend the interpretation of the Legal Notice.
If there is any discrepancy between the establishments of this Legal Notice and the particular conditions of each specific service, the dispositions of the latter will prevail.
In the case that any disposition or dispositions of this Legal Notice is considered null or inapplicable, partially or totally, by any Court, Tribunal or other competent administrative body, said nullity or inapplicability will not affect the other dispositions of the Legal Notice.
The non-exercise or exercise by DINOSOL of any right or disposition contained in this Legal Notice will not constitute rejection of the same, except where there is written recognition of the same.
The relationships established between DINOSOL and the User will be subject to the dispositions of the valid regulations referring to the applicable legislation and competent jurisdiction. However, in cases where the regulation anticipates the possibility of the parties being subject to a jurisdiction, DINOSOL and the User, with express rejection of any other jurisdiction that may correspond to them, will bring any controversies and/or claims to the knowledge of the Courts and Tribunals of the city of Las Palmas de Gran Canaria.