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TERMS OF USE

1. GENERAL INFORMATION

Accessing, browsing and using the www.grupeina.com website (hereinafter, the “Website“) implies the express and unreserved acceptance of all the terms of this Legal Notice and Terms of Use, having the same validity and effectiveness as any written and signed contract.

Their observance and compliance shall be enforceable with respect to any person who accesses, browses or uses the Website. If you do not agree with the above terms, do not access, browse or use the Website.

 

2. IDENTIFICATION OF THE WEBSITE OWNER

In accordance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce (“LSSI“), the identification data of the Website owner are provided below:

  • Owner: GRUP EINA DIGITAL, Ltd. (hereinafter, “Grup Eina Digital Ltd.“)
  • Registered Office: C/ Italia 48 nave 3, 17600, Figueres (Girona)
  • VAT NUMBER: B17789215
  • Commercial Registry: volume 2077, folio 178, sheet GI-24761 and inscription 1.
  • Phone: (0034) 972 51 23 17
  • E-mail: gdpr@grupeina.com

The present Legal Notice and Terms of Use regulates the access, browsing and use of the present Website, without prejudice that Grup Eina Digital Ltd. reserves the right to modify its presentation, configuration and content, as well as the conditions required for its access and/or use. The access and use of the Website contents after the entry into force of its modifications or changes implies acceptance thereof.

Likewise, we inform users about their rights and obligations in relation to the contents displayed through the Website, logos and trademarks used, as well as the responsibilities that may arise from accessing the Website.

 

3. RULES FOR THE USE OF THE WEBSITE

Any visitor shall be considered a “User” of the Website at the moment he/she accesses, browses and uses the Website.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

  • The use of the information, Content, Services and/or data offered by Grup Eina Digital Ltd., without being contrary to the provisions of these Terms of Use, the Law, morality, or public order, or that in any other way may involve injury to the rights of third parties or the same operation of the Website.
  • The veracity and accuracy of the information provided by the User in the forms provided by Grup Eina Digital Ltd. to access certain Content or Services offered by the Website. In any case, the User shall immediately notify Grup Eina Digital Ltd. of any fact that allows the improper use of the information registered in said forms, such as, but not limited to theft, loss, or unauthorised access to identifiers and/or passwords in order to proceed to their immediate cancellation.

Grup Eina Digital Ltd. shall not be responsible for the opinions expressed by Users through comments or any other participation tool that, if any, may be available on the Website.

Access to this Website does not imply any type of commercial relationship between Grup Eina Digital Ltd. and the User. Access or use of the Website for illegal or unauthorised purposes, with or without economic purpose, is not permitted and, therefore, its consequences will be the sole responsibility of the User.

The breach of any obligation by the User may entail the adoption by Grup Eina Digital Ltd. of appropriate measures protected by law and in the exercise of its rights or obligations, without the possibility of any compensation for damages caused.

 

4. ACCESS AND BROWSE ON THE WEBSITE: RESPONSIBILITIES AND GUARANTEES

Grup Eina Digital Ltd. does not guarantee and is not responsible for: (i) the continuity of the Website content; (ii) the absence of errors in said content; (iii) the absence of viruses and/or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website and/or the impossibility of breaching the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Website; and (vi) any damage or harm caused, to oneself or to a third party, by any person who infringes the conditions, rules and instructions that Grup Eina Digital Ltd. establishes on the Website or through the violation of the security systems of the Website.

Nevertheless, Grup Eina Digital Ltd. declares that it has adopted all necessary measures, within its possibilities and the state of the art, to ensure the operation of the Website and to minimise system errors, both from a technical and legal and organisational point of view.

If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of third-party rights, he/she must immediately notify Grup Eina Digital Ltd. so the appropriate action must be taken.

Grup Eina Digital Ltd. shall not be responsible for the veracity, integrity or updating of the information published on the Website coming from external sources and shall assume no responsibility for any hypothetical damage that might arise from the use of such information.

 

5. SSL CERTIFICATE (Secure Sockets Layer) 

The SSL CERTIFICATE provides authentication, privacy and information security between Grup Eina Digital Ltd. and the user.

Grup Eina Digital Ltd. has a security certificate that is used by SSL CERTIFICATE to make secure connections. In this process, several parameters are established to make the connection securely and it is established using preestablished keys, encoding and decoding all the data sent until the connection is closed.

 

6. LINK POLICY

Grup Eina Digital Ltd. does not control and is not responsible for the content, privacy policies or practices of third-party websites.

The User acknowledges and agrees that Grup Eina Digital Ltd. shall not be responsible for the availability of external websites or resources, and does not endorse any advertising, products or other materials offered through such websites or resources.

The User acknowledges and agrees that Grup Eina Digital Ltd. shall not be liable for any loss or damage which may be incurred by the User as a result of the availability of such external websites or resources, or as a result of the credibility given to the completeness, accuracy or existence of any advertising, products or other materials offered through such websites or resources.

On the other hand, the User who wants to insert links to the web portal of Grup Eina Digital Ltd. from their own websites must meet the following conditions:

  • The link shall only link to the page, but shall not in any way reproduce it.
  • In accordance with the applicable legislation, it is strictly prohibited to use any kind of frames that surround the portal or allow it to be viewed through different Internet addresses or along with content outside the portal, in such a way that produces, or may produce, error or confusion in users about the origin of the service or its content, involves an act of unfair comparison or imitation, it is used to take advantage of the reputation, brand and prestige of Grup Eina Digital Ltd. or is done in any other manner that is prohibited by law;
  • The site that makes the link shall contain no false or inaccurate statements about Grup Eina Digital Ltd. or about the quality of its services or about its partners, employees or customers.
  • The website that establishes the link must comply with current legislation and may not provide or link to content that is illicit, harmful, contrary to morals and good customs, that produces or may produce the false idea that Grup Eina Digital Ltd. endorses or supports the ideas, statements or actions of the sender or that are inappropriate in relation to the activity carried out by Grup Eina Digital Ltd. taking into account the content and general subject matter of the website where the link is established.

Grup Eina Digital Ltd. has neither the power nor the human or technical means to know, control or approve all the information, content, products or services provided by other web pages that have established links to the Website. Grup Eina Digital Ltd. does not assume any type of responsibility for any aspect related to the web page that establishes the link to the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

 

7. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

Grup Eina Digital Ltd. is the owner or, where applicable, has the corresponding licenses on the rights of exploitation of intellectual and industrial property of the Website, as well as all the content offered therein, including (including, without limitation) the platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through it.

In no case shall access, browsing and use of the Website by the User imply a renunciation, transmission, license or total or partial cession of said rights by Grup Eina Digital Ltd. The User has the right to use the contents of the Website within a strictly domestic environment and only for the purpose of using this Website, in accordance with these Terms of Use.

References on this website to any registered trademarks or trade names, or other distinctive signs, whether owned by Grup Eina Digital Ltd. or third-party companies, contain a prohibition on their use without the consent of Grup Eina Digital Ltd. or their legitimate owners. At no time, unless expressly stated otherwise, the access, browse or use of the Website and/or its contents grants the User any rights over distinctive signs included therein.

All intellectual and industrial property rights over the content of the Website are reserved and, in particular, it is forbidden to totally or partially modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, the contents included in the Website, for public or commercial purposes, without the prior, express and written authorisation of Grup Eina Digital Ltd. or, where appropriate, of the holder of the corresponding rights.

If the User has knowledge of the existence of any content that is illicit, illegal or against the law or that could imply an infraction of intellectual and/or industrial property rights, he/she must immediately notify Grup Eina Digital Ltd. by the e-mail address gdpr@grupeina.com so that it can take the appropriate action.

Likewise, should any User or third party consider that any of the contents of the Website owned by Grup Eina Digital Ltd. may violate their intellectual and/or industrial property rights, as well as any other rights, they are kindly requested to send a communication to gdpr@grupeina.com with the following information:

  • Identification data and contact information of the claimant or his/her legal representative.
  • Documentation that evidences your status as the owner of the rights supposedly infringed.
  • Detailed account of the rights supposedly infringed by Grup Eina Digital Ltd. as well as their exact location within the Website.
  • The claimant’s express statement asserting that the use of the contents has been made without the consent of the owner of the rights supposedly infringed.

 

8. WEBSITE SUSPENSION

Grup Eina Digital Ltd. reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, browse, use, hosting and/or downloading of the content, Services and/or use of services of the Website, with or without prior notice, without the possibility for the User to demand any compensation for this reason.

9. PROCESSING OF PERSONAL DATA

In accordance with the provisions of current legislation on Data Protection, all personal data provided during the use of the Website shall be treated in accordance with the provisions of the Privacy Policy that all Users must expressly accept to use the Website.

10. MODIFICATION OF THE LEGAL NOTICE AND TERMS OF USE

Grup Eina Digital Ltd. reserves the right to totally or partially modify the terms and conditions herein stipulated, publishing any change in the same manner in which they appear or through any type of communication addressed to the users.

The date from which the present conditions come in force is the date shown at the end of the document. The temporary duration of the present Terms of Use coincides therefore with the period of the time exhibited, at such time, the totally or partially modified Terms of Use will become effective.

Regardless of the provisions of the particular conditions that may be established, Grup Eina Digital Ltd. may end, suspend or interrupt, at any time and without prior notice, access to the Website content, without the possibility for the user to claim any compensation. After said extinction, the prohibitions on use of the content previously exhibited in these Terms of Use shall remain in force.

11. MISCELLANEOUS

In the event that any provision of these Terms of Use is declared void or unenforceable, either in whole or in part, by any Court, Tribunal or competent administrative body, said nullity or inapplicability shall not affect the other provisions of these Terms of Use.

The non-exercise or non-enforcement by Grup Eina Digital of any right or provision contained in these Terms of Use shall not be a waiver thereof, unless it is recognized and agreed in writing by Grup Eina Digital Ltd.

12. APPLICABLE LAW AND JURISDICTION

Provided that the current regulations provide the possibility for the parties to submit to a specific jurisdiction, for any litigious issues that may arise from or be related to this Website, the Spanish legislation in force at the time of the dispute shall apply, and we will take it to the Courts and Tribunals of Girona.

Last updated: June 2022

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