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Legal Notice
General Information
1. General Information
ALMA VICTORIA, S.L., holder of Tax Identification Code B70787940 and with registered address at Alameda Principal, nº 49, 29001 Málaga, SPAIN, is the owner of this website.
ALMA VICTORIA, S.L. shall therefore be responsible for the content of this website.
The company ALMA VICTORIA, S.L., the company responsible for the website, provides users of the website www.almacruceros.mowomo.es (the “website”) with this document, for the purpose of complying with the obligations set out in the Spanish Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE), as well as informing all users of the website about its conditions of use.
To deal with any question arising from the use of this website, you can contact ALMA VICTORIA, S.L. at the postal address specified above, through the website itself and/or by sending an e-mail to the address mideseo@almacruceros.com.
Any person accessing this website assumes the role of user (hereinafter, in singular, the “user” and, in plural, the “users”), committing to the observance and strict compliance with the provisions set forth herein, which constitute the “general conditions of use of the website”, as well as any other legal provision that may be applicable.
ALMA VICTORIA, S.L. reserves the right to modify any type of information that may appear on the website, without any obligation to give prior notice or inform users of said modifications, with publication on this website being understood to be sufficient.
2. Object
Through this website, ALMA VICTORIA, S.L. offers users the possibility of accessing information about its services.
3. PRIVACY AND DATA PROCESSING
When it is necessary to provide personal data to access certain content, information or services, users shall guarantee their truthfulness, accuracy,
authenticity and validity. ALMA VICTORIA, S.L. will give such data the corresponding automated treatment according to their nature or purpose, in the terms indicated in the Privacy Policy section. Such personal data will be processed in accordance with the provisions of the General Data Protection Regulation, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and the Spanish Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights, approved on 5 December 2018 (LOPDyGDD).
4. INTELLECTUAL PROPERTY AND USE OF CONTENT
The user acknowledges and accepts that all content displayed on the website and in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial and/or commercial use are subject to Industrial and Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights, on the contents and/or any other elements inserted in the website, are the exclusive property of ALMA VICTORIA, S.L. and/or, where appropriate, of third parties who have authorised ALMA VICTORIA, S.L. to use them, and ALMA VICTORIA, S.L. and/or, whenever appropriate, such third parties, have the exclusive right to use them in the course of trade. Therefore, the user undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding ALMA VICTORIA, S.L. harmless from any claim arising from the breach of such obligations.
Under no circumstances does access to the website imply any kind of waiver, transmission, licence or total or partial transfer of these rights, unless expressly stated otherwise. These clauses containing the general conditions of use of the website do not grant users any rights of use, alteration, exploitation, reproduction, distribution or public communication of the website and/or its contents other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for this purpose by ALMA VICTORIA, S.L. or, where appropriate, the third party owner of the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation on this website, as well as the website itself as a whole, as a multimedia artistic work, are protected and covered by copyright under the applicable legislation on intellectual property. ALMA VICTORIA, S.L. is the owner of
the elements that make up the graphic design of the website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the website or, in any case, has the corresponding authorisation for the use of said elements. The content provided on the website may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or by any means, unless prior written authorisation has been obtained from ALMA VICTORIA, S.L.
It is also forbidden to remove, evade and/or manipulate the copyright as well as the technical protection devices or any information mechanisms that may be contained in the contents. The user of this website undertakes to respect the aforementioned rights and to avoid any action that could damage them, and ALMA VICTORIA, S.L. reserves the right to exercise any legal means or actions to which it may be entitled in defence of its legitimate intellectual and industrial property rights.
5. OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER
By accessing this website, the user agrees to:
1. To make appropriate and lawful use of the website and its contents and services, in accordance with: (i) the legislation applicable at all times; (ii) the general conditions of use of the website; (iii) generally accepted morals and good customs and (iv) public order.
2. Provide him/herself with all the technical means and requirements necessary to access the website.
3. To provide truthful information when filling in, with his/her personal data, any forms contained on the website and to keep them updated at all times so that they correspond, at all times, to the real situation of the user. The user will be solely responsible for any false or inaccurate statements made and the damages caused to ALMA VICTORIA, S.L. or third parties for the provided information.
Notwithstanding the preceding paragraph, the user shall also refrain from:
1. Making unauthorised or fraudulent use of the website and/or its contents for illicit purposes or effects, prohibited in these general conditions of use, harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload, deteriorate or impede the normal use of the services or the documents, files and all types of contents stored in any computer equipment.
2. Accessing or attempting to access resources or restricted areas of the website, without complying with the conditions required for such access.
3. Causing damage to the physical or logical systems of the website, its suppliers or third parties.
4. Introducing or disseminating computer viruses or any other physical or software systems that are likely to cause damage to the physical or software systems of the company, suppliers or third parties.
5. Attempting to access, use and/or manipulate the data of the company, third party suppliers and other users.
6. Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless authorised by the owner of the corresponding rights or whenever it is legally permitted to do so.
7. Deleting, hiding or manipulating the notes on intellectual or industrial property rights and other data identifying the rights of ALMA VICTORIA, S.L. or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents.
8. Obtaining and attempting to obtain the contents using means or procedures other than those which, as the case may be, have been made available for this purpose or have been expressly indicated on the web page(s) where the contents are found or, in general, those which are normally used on the Internet because they do not entail a risk of damage or disablement of the website and/or the contents.
9. In particular, and by way of example only and without limitation, the user undertakes not to transmit, disseminate or make available to third parties, information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
- In any way is contrary to, undermines or infringes upon the fundamental rights and public freedoms recognised in the Spanish Constitution, in international treaties and in the rest of the legislation in force in Spain.
- Induces, incites or promotes criminal, denigratory, defamatory or violent actions or, in general, actions contrary to the law, morality, generally accepted good customs or public order.
- Induces, incites or promotes discriminatory actions, attitudes or thoughts on the basis of sex, race, religion, belief, age or status.
- Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, generally accepted morals and good customs or public order.
- Induces or is likely to induce an unacceptable state of anxiety or fear.
- Induces or incites to engage in practices that are dangerous, risky or harmful to health and mental equilibrium.
- Is protected by the legislation on intellectual or industrial protection belonging to ALMA VICTORIA, S.L. or to third parties without the intended use having been authorised.
- Is contrary to the honour, personal and family privacy or self-image of individuals.
- Constitutes any form of advertising.
- Includes any type of virus or programme that impedes the normal functioning of the website.
If, in order to access any of the services and/or contents of the website, you are provided with a password, you undertake to use it diligently, keeping it secret at all times. Consequently, you shall be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, either temporarily or permanently, or to allow access to the aforementioned services and/or contents by third parties. Likewise, you undertake to notify ALMA VICTORIA, S.L. of any event that may involve the improper use of your password, such as, but not limited to, its theft, loss or unauthorised access, in order to proceed to its immediate cancellation. Consequently, until the above notification is made, ALMA VICTORIA, S.L. shall be exempt from any liability that may arise from the improper use of your password, and you shall be responsible for any unlawful use of the contents and/or services of the website by any illegitimate third party. If the user negligently or fraudulently breaches any of the obligations established in these general conditions of use, he/she will be liable for all damages that may arise for ALMA VICTORIA, S.L. as a result of such breach.
6. RESPONSIBILITIES
ALMA VICTORIA, S.L. uses its website to offer users the possibility of accessing information about its services and the products it commercialises. ALMA VICTORIA, S.L. is therefore responsible for the content of this website.
ALMA VICTORIA, S.L. does not guarantee continuous access, nor the correct visualisation, downloading or use of the elements and information contained in the website, which may be impeded, hindered or interrupted by factors or circumstances beyond its control. ALMA VICTORIA, S.L. is not responsible for any decisions that may be taken as a result of access to the contents or information offered.
The service may be interrupted or the relationship with the user may be terminated immediately if it is detected that the use of the website, or any of the services offered on it, is contrary to these general conditions of use. ALMA VICTORIA, S.L. shall not be liable for any damages, losses, claims or expenses arising from the use of the website.
ALMA VICTORIA, S.L. will only be responsible for removing, as soon as possible, the contents that may cause such damages, provided that it is notified. In particular, ALMA VICTORIA, S.L. will not be liable for any damages that may arise, among others, from:
1. Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or by any other cause beyond the control of the company.
2. Unlawful intromissions through the use of malicious software of any kind and by any means of communication, such as computer viruses or any other means of communication.
3. Abuse, misuse or inappropriate use of the website.
4. Security or browsing errors caused by a malfunction of the browser or by the use of non-updated versions of the browser. The website administrator reserves the right to withdraw, in whole or in part, any content or information present on the website.
ALMA VICTORIA, S.L. excludes any liability for damages of any kind that may be due to the misuse of the services freely available and use by users of the website. Likewise, it is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, these being used solely for the provision of the services of consultations and doubts. On the other hand, in the event of causing damages due to an illicit or incorrect use of said services, the user may be claimed for the damages caused.
The user will hold ALMA VICTORIA, S.L. harmless against any damages arising from claims, actions or demands from third parties as a result of his/her access to or use of the website.
7. HYPER LINKS
The user undertakes not to reproduce in any way, not even by means of a hyperlink, the website or any of its contents, except with the express written authorisation of ALMA VICTORIA, S.L.
The website may include links to other websites, managed by third parties, in order to facilitate the user’s access to the information of collaborating and/or sponsoring companies. Accordingly, ALMA VICTORIA, S.L. is not responsible for the content of such websites, nor is it in a position of guarantor and/or provider of the services and/or information that may be offered to third parties through third party links.
The user is granted a limited, revocable and non-exclusive right to create links to the home page of the website solely for private, non-commercial use. Websites that include a link to our website (i) may not misrepresent their relationship or claim that such a link has been authorised, nor may they include trademarks, names, trade names, logos or other distinctive signs of our company; (ii) may not include content that may be considered distasteful, obscene, offensive, controversial, inciting violence or discrimination based on sex, race or religion, contrary to public order or unlawful; (iii) may not link to any page of the website other than the home page; (iv) must link to the website address itself, without allowing the linking website to reproduce the website as part of its website or within one of its frames or to create a browser over any of the pages of the website. ALMA VICTORIA, S.L. may request, at any time, that you remove any link to the website, after which you must immediately proceed to remove it.
ALMA VICTORIA, S.L. cannot control the information, contents, products or services provided by other websites that have established links to the website. www.almacruceros.mowomo.es.
8. DATA PROTECTION
To obtain information and/or use some of the services and/or products offered by ALMA VICTORIA, S.L., the user must previously provide certain personal data. ALMA VICTORIA, S.L. will automatically process these data and will apply the corresponding security measures, all in compliance with the RGPD, LOPDyGDD and LSSICE. The user can access the policy followed in the processing of personal data, as well as the establishment of the previously established purposes, in the conditions defined in the Privacy Policy section.
9. COOKIES
ALMA VICTORIA, S.L. reserves the right to use “cookie” technology on the website, in order to recognise you as a frequent user and personalise your use of the website by pre-selecting your language, or more desired or specific content.
Cookies collect the user’s IP address and Google is responsible for processing this information.
Cookies are files sent to a browser, by means of a web server, to record the user’s browsing on the website, when the user allows them to be received. If you wish, you can configure your browser to be notified on screen of the reception of cookies and to prevent the installation of cookies on your hard drive. Please consult the instructions and manuals of your browser for further information.
Thanks to cookies, it is possible to recognise the browser of the computer used by the user in order to provide content and offer the browsing and advertising preferences of the user, the demographic profiles of users and to measure visits and traffic parameters, monitor progress and the number of entries.
10. CHILD PROTECTION
ALMA VICTORIA, S.L. is not responsible for those data of underaged persons that, without ALMA VICTORIA, S.L. being able to know this fact, have been provided to it, without the consent of the parents or guardians. Fot this consent to be valid, it must be sent to ALMA VICTORIA, S.L., signed, together with a photocopy of the parent or guardian’s ID card to the above indicated address.
11. REPRESENTATIONS AND WARRANTIES
In general, the contents and services offered on the website are for information purposes only. Therefore, by offering them, no warranty or representation is given in relation to the contents, products and services offered on the website, including, but not limited to, warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.
12. FORCE MAJEURE
This website has been checked and tested to ensure that it functions correctly. In principle, its correct functioning can be guaranteed. However, ALMA VICTORIA, S.L. does not rule out the possibility that there may be cases of force majeure or fortuitous events that make it impossible to access the website; ALMA VICTORIA, S.L. shall not be liable for such problems affecting access to the website and/or (part or all of) its content,
if this is due to events such as interruptions in the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, as well as, in general, all cases of force majeure or unforeseeable circumstances.
13. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION
These general conditions of use and the use of the website shall be governed by Spanish law. For the resolution of any dispute the parties shall submit to the competent Courts and Tribunals of the registered seat of ALMA VICTORIA, S.L.
In the event that any provision of these general conditions of use is unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity shall not render these general conditions of use unenforceable or void as a whole. In such cases, ALMA VICTORIA, S.L. will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and intention reflected in the original stipulation.