The website www.racheladnco.net (hereinafter, the “Website”) is the property of RACHELANDCO, S.L. (hereinafter, the “COMPANY”), with registered address at: Ctra. de San Agustín, Km. 2 – 04745 La Mojonera (ALMERIA) and CIF B54689518, registered in the Mercantile Register of Almería, Volume 2019, Folio 61, Page 51545, and inscription 3.
RACHELANDCO, S.L. welcomes you and invites you to read carefully the General Conditions of Use of this Website (hereinafter, the “General Conditions of Use”) which describe the terms and conditions that shall be applicable to your browsing of the same, in accordance with the provisions of the applicable Spanish legislation. As the company may change these Terms of Use in the future, we recommend that you visit these Terms of Use from time to time so that you will be informed of any changes.
In order to ensure that the use of the Website complies with criteria of transparency, clarity and simplicity, RACHELANDCO, S.L. informs the User that any suggestions, doubts or queries regarding the General Conditions of Use will be received and resolved by contacting the company by e-mail at the following address administracion@rachelandco.es
1. Objective
RACHELANDCO, S.L. provides the content and services that are available on the Website, subject to these General Conditions of Use, as well as the policy on the processing of personal data (hereinafter, the “Data Protection Policy”). Access to this Website or its use in any form gives you the status of “User” and implies unreserved acceptance of each and every one of these General Conditions of Use, and the company reserves the right to modify them at any time. Therefore, it is the responsibility of all Users to carefully read the General Conditions of Use in force each time they access this Website, and therefore, if they do not agree with any of the conditions set forth herein, they should refrain from using this Website.
You are also advised that, from time to time, special conditions may be established for the use of specific content and/or services on the Website, and the use of such content or services shall imply acceptance of the special conditions specified therein.
2. Services
Through the Website, RACHELANDCO, S.L. offers Users the possibility of accessing: Information about the company, its contact details, its products and services, its rates, its commercial offers, its location – A contact section to make enquiries by providing their personal details – Links to access social networks (hereinafter the “Services”).
3. Privacy and Data Treatment
When it is necessary to provide personal data in order to access certain contents or services, users shall guarantee their truthfulness, accuracy, authenticity and validity. The company will give these data the corresponding automated treatment according to their nature or purpose, in the terms indicated in the Data Protection Policy section.
4. Industrial and Intellectual Property
The User recognises and accepts that all the contents shown on the Website and, in particular, designs, texts, images, logos, icons, buttons, software, commercial names, brands or any other signs susceptible of industrial and/or commercial use are subject to Intellectual Property rights and all brands, commercial names or distinctive signs, all industrial and intellectual property rights on the contents and/or any other elements inserted on the page, which are the exclusive property of RACHELANDCO, S.L. and/or third parties, who have the exclusive right to use them in the course of trade. Therefore, the user agrees not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding the company 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 General Conditions of Use of the Website do not grant Users any other right 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 other rights shall be subject to the prior and express authorisation specifically granted for this purpose by RACHELANDCO, S.L. or the third party owner of the rights affected.
The contents, texts, photographs, designs, logos, images, computer programmes, source codes and, in general, any intellectual creation on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation. RACHELANDCO, S.L. is the owner of the elements that make up the graphic design of the
Website, 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 such 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, without the prior written permission of this Entity.
Likewise, it is 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 may be prejudicial to them, and in any case the company reserves the right to exercise any legal means or actions that may correspond to it in defence of its legitimate intellectual and industrial property rights.
5. Obligations and Responsibilities of the Website User
The User agrees to:
To make proper and lawful use of the Website, as well as the content and services, in accordance with: (i) the law applicable from time to time (ii) the General Conditions of Use of the Website (iii) generally accepted morality and decency and (iv) public order.
To be provided with all the means and technical requirements necessary to access the Website.
To provide truthful information when filling in the forms contained on the Website with their personal data and to keep them updated at all times so that they respond, at all times, to the real situation of the User. The User shall be solely responsible for any false or inaccurate statements made and for any damage caused to the company or to third parties as a result of the information provided.
Notwithstanding the provisions of the preceding paragraph, the User shall also refrain from:
a) Any 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.
b) Accessing or attempting to access resources or restricted areas of the Website, without complying with the conditions required for such access.
c) Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
d) Introducing or spreading computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the company, its suppliers or third parties.
e) Attempting to access, use and/or manipulate the data of the company, third party suppliers and other Users.
f) 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 it is legally permitted.
g) Deleting, hiding or manipulating the notes on intellectual or industrial property rights and other data identifying the rights of the company or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted into the contents.
h) 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 which have been expressly indicated on the web pages 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.
i) 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:
(i) In any way that is contrary to, undermines or infringes fundamental rights and public freedoms recognised in the Constitution, in international treaties and in the rest of the legislation in force.
(ii) Induces, incites or promotes criminal, denigratory, defamatory, violent or generally contrary to law, morality, generally accepted good customs or public order.
(iii) Induces, incites or promotes discriminatory actions, attitudes or thoughts on grounds of sex, race, religion, belief, age or status.
(iv) 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.
(v) Induces or is likely to induce an unacceptable state of anxiety or fear.
(vi) induces or incites to engage in practices that are dangerous, hazardous or harmful to health and mental equilibrium.
(vii) is protected by intellectual or industrial protection legislation belonging to RACHELANDCO, S.L. or to third parties without the intended use having been authorised.
(viii) is contrary to the honour, personal and family privacy or self-image of individuals.
(ix) Constitutes any form of advertising.
(x) Includes any type of virus or program that impedes the normal functioning of the Website.
If you are provided with a password to access any of the services and/or contents of the Website, you undertake to use it diligently and to keep it secret at all times. Accordingly, it 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 are obliged to notify the company 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, RACHELANDCO, S.L. shall be exempt from any liability that may arise from the improper use of your password, and shall be liable for any unlawful use of the contents and/or services of the Website by any illegitimate third party.
If you negligently or wilfully fail to comply with any of the obligations established in these General Conditions of Use, you shall be liable for all the damages that may arise for RACHELANDCO, S.L. as a result of such non-compliance.
6. Responsibilities
RACHELANDCO, S.L. does not guarantee continuous access, nor the correct viewing, downloading or use of the elements and information contained in the pages of the website, which may be impeded, hindered or interrupted by factors or circumstances beyond its control.
RACHELANDCO, S.L. accepts no liability for any decisions that may be taken as a result of accessing the content or information offered.
RACHELANDCO, S.L. may interrupt the service or immediately terminate the relationship with the User if it detects that any use of its Website or any of the services offered on it is contrary to these General Conditions of Use. The Company accepts no liability for damages, losses, losses, claims or expenses arising from the use of the Website. It is only responsible for the removal, as soon as possible, of content that may cause such damage, provided that this is notified. In particular, it shall not be liable for damages that may arise, inter alia, from:
(i) 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 any other cause beyond the company’s control.
(ii) unlawful interference through the use of malicious software of any kind and by any means of communication, such as computer viruses or any other means.
(iii) improper or inappropriate abuse of the Website.
(iv) security or browsing errors caused by a malfunction of the browser or by the use of non-updated versions of the browser. The administrators of the COMPANY reserve the right to withdraw, in whole or in part, any content or information present on the Website.
RACHELANDCO, S.L. excludes any liability for damages of any kind that may be due to the misuse of the freely available services and use by Website Users. Likewise, the company is exempted from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only 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 these services, the User may be claimed by the company for the damages caused.
You will defend, indemnify and hold the company harmless from and against any and all claims, actions or demands from third parties arising out of your access to or use of the Website. You also undertake to indemnify RACHELANDCO, S.L. against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or any other action on your part which imposes an unreasonable burden on the operation of the Website.
7. Hyperlinks
The User undertakes not to reproduce the RACHELANDCO, S.L. Website or any of its contents in any way, even by means of a hyperlink or hyperlink, unless expressly authorised in writing by the company.
The RACHELANDCO, S.L. Website includes 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, the company 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 exclusively for private, non-commercial use. Websites linking to our Website (i) may not imply that the company endorses that website or its services or products (ii) may not misrepresent their relationship with the company or claim that the company has authorised such a link, or include trademarks, names, trade names, logos or other distinctive signs of the company (iii) may not include content that may be considered distasteful, obscene, offensive, controversial, inciting to violence or discrimination on grounds of sex, race or religion, contrary to public order or illegal (iv) may not link to any page of the Website other than the home page (v) you must link to the Web Site address itself, without allowing the linking website to reproduce the Web Site as part of its website or within one of its frames or to create a browser over any of the pages of the Web Site. RACHELANDCO, S.L. may request, at any time, that you remove any link to the Website, after which you must immediately proceed to remove it. The company cannot control the information, contents, products or services provided by other websites that have established links to the Website.
Consequently, RACHELANDCO, S.L. assumes no liability whatsoever for any aspect relating to such websites.
8. Data protection
In order to use some of the Services, Users must first provide certain personal data. To this end, RACHELANDCO, S.L. will automatically process the Personal Data in compliance with the Personal Data Protection regulations. To this end, the User may access the policy followed in the processing of personal data, as well as the establishment of the purposes previously established, as set out in the conditions defined in the Data Protection Policy presented on this Website.
9. Cookies
RACHELANDCO, S.L. reserves the right to use “cookie” technology on the Website in order to recognise you as a frequent User and to personalise your use of the Website by pre-selecting your language, or more desired or specific content. Cookies used by the Website, or the third party acting on its behalf, are only associated with an anonymous user and his or her computer, and do not in themselves provide the user’s personal data.
Cookies are files sent to a browser by a Web server to record the User’s browsing on the Website, when the User allows them to be received. You can also delete cookies by consulting your browser’s instructions for use.
By using cookies, it is possible for the company to recognise the browser of the computer used by the User in order to provide content and show their browsing and advertising preferences, as well as to recognise their demographic profiles in order to measure visits and traffic parameters, monitor progress and the number of entries.
10. Duration and termination
The provision of the service of this Website and the other services shall in principle have an indefinite duration. However, the company may terminate or suspend any of the services of the portal. Where possible, the undertaking shall announce the termination or suspension of the provision of the particular service.
11. Representations and Warranties
In general, the contents and services offered on the Website are for information purposes only. Consequently, by offering them, RACHELANDCO, S.L. makes no warranties or representations whatsoever in relation to the content 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
RACHELANDCO, S.L. shall not be liable in the event of the impossibility of providing service, if this is due to prolonged interruptions in the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or unforeseeable circumstances.
13. Dispute resolution. Applicable law and jurisdiction
These General Conditions of Use, as well as the use of the Website, shall be governed by Spanish law, which shall be applicable in all matters not provided for in these conditions regarding interpretation, validity and execution.
RACHELANDCO, S.L. and the User, expressly waiving any other jurisdiction, submit to the Courts and Tribunals of ALMERIA for any dispute that may arise from the existence, interpretation or application of these General Conditions; except in cases where the user is a consumer or user in accordance with the applicable Laws, in which case this clause shall not be applicable.
In case any provision of these General Terms and Conditions of Use shall be 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 Terms and Conditions of Use unenforceable or void as a whole. In such cases, RACHELANDCO, 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.
