In compliance with the duty of information contained in current regulations on Information Society Services and Electronic Commerce, we inform you that the party responsible for this website is:
ElPozo, S.A. (hereinafter, ElPozo)
CIF: A-30014377
Av. Antonio Fuertes, 30840, Alhama de Murcia (Murcia)
Internet domain: www.elpozo.com
Registered in the Commercial Registry of Murcia; Volume MU-320; Book 0; Folio 126;
Sheet MU-6236
Telephone: 968 63 68 00
Fax: 968 63 67 00
Responding to communications from users and/or interested parties at the following email address: protecciondedatos@grupofuertes.com.
USER is anyone who accesses the website, whether or not they use the content or information provided therein.
The USER expressly states and accepts that access to the website implies, in its entirety, an unequivocal commitment to comply with each and every one of the general conditions of mere access and use of any of the content provided and/or offered by the website. In any case, if the USER does not understand or assume compliance with all or part of the aforementioned general conditions, they should not access or use the website and/or the content provided and/or offered through it.
Consequently, the User must carefully read this Legal Notice and Privacy Policy each time they intend to use the website, as it may be subject to modifications.
If you have any questions after reading this Legal Notice and Privacy Policy, please do not hesitate to contact the website owner at the above address.
The owner of the website, through this website, provides the USER with access to a series of contents and information that may be provided by the owner itself or by third parties.
ELPOZO reserves the right to limit, interrupt, or suspend access to the website or the use of all or some of its content or information at any time.
Likewise, the owner reserves the right, at any time, to modify the location of the content on the website, as well as the configuration of both the content or information itself and access to it, including its “look and feel.”
3.1.- GENERAL ACCESS AND USE OF THE WEBSITE BY A USER. The USER expressly and unequivocally accepts that access to and use of the website does not imply any type of guarantee, which the owner expressly waives, regarding the suitability of the content included therein for the particular or specific purposes of the USER. Consequently, both access to the website and the use of the content and information are carried out under the exclusive responsibility of the USER, and the owner will not be liable in any case or to any extent, neither for direct nor indirect damages, nor for consequential damages or loss of profits, for any possible losses arising from the use of the content or from the conclusions that the USER draws from the use of the same.
The USER expressly and unequivocally accepts that the owner may, at any time, establish additional conditions or restrictions for access to the website and for the use of the contents, the observance of which must be immediately complied with by the USER.
3.2.- AUTHORIZED USE OF THE WEBSITE AND ITS CONTENT. The User expressly and unequivocally agrees to access the website and, where applicable, use it and the content provided therein in accordance with these general terms and conditions, any specific conditions that may apply to each content, as well as any other applicable regulations, good practices and customs, good faith, and public order. In any case, and by way of example only, the User agrees to:
a) Not to access or use the website or its contents in ways that are not permitted or contrary to the purpose of the website and the regulatory framework that governs it. Thus, the USER must not access or attempt to access or use restricted content and/or areas if the website becomes available in the future without the proper authorization. Furthermore, the USER must access and use restricted areas using the procedures and tools established by the website itself. Under no circumstances may the USER, whether authorized or not to access and use restricted areas and content, use any procedures, means, or computer tools that attempt to circumvent the security and identification measures established by ElPozo or third parties.
b) Access and/or use the website and/or its contents within the principles and purposes for which they were created and made available to the USER, also respecting the format for making them available and the general conditions set forth herein. In order to comply with these principles and purposes, the USER, by way of example but not limited to, undertakes to: b.1) not perform or attempt to perform any actions that entail or may entail damage, directly or indirectly, in general, to the website and the contents or information contained therein, and in particular, to the rights of the owner or any third party, whether a USER or SUPPLIER of the website; b.2) not perform or attempt to perform any actions that affect, by means of, among others, modifying, manipulating or eliminating the references or formats of the references or mentions regarding the protection of intellectual or industrial property rights of the owner or third parties, both the website itself and the contents contained therein and other elements comprising it; b.3) not to perform any actions that damage or may damage the systems of the owner or third parties, or that affect or may affect the normal operation of the website’s purpose. These actions include the introduction of computer viruses into the systems of the owner, the users, or any third party that affect or may affect the website in any way, as well as any actions aimed at spreading such viruses both on the website and on the Internet through the website.
c) The USER shall be liable for all damages of any kind that the owner, any other USER, or a third party may suffer as a result of their improper use of the website or the content provided therein. They shall also be liable for any amount that the owner is required to pay as a result of an administrative resolution, final court judgment, or settlement agreement seeking to compensate third parties for damages caused by the same cause.
3.3.- THE CONTENTS: The USER expressly and unequivocally states that he/she undertakes not to reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the CONTENTS, unless he/she has the authorization of the owner of the corresponding rights or it is legally permitted, as well as not to violate or attempt to violate the protection devices or any information mechanisms that may be inserted in the Contents referring, for example, to the protection of the intellectual or industrial property of the same.
The USER undertakes NOT to obtain or attempt 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 pages where the CONTENTS are located or, in general, those which are normally used on the Internet because they do not entail a risk of damage or disabling of the website and/or the CONTENTS.
The mere display of products and/or services and the information about them provided by the website owner or through links to other websites of merchants belonging to the business group to which ElPozo belongs does not in itself constitute any commercial activity, and any transactions or contracts that may occur between the website owner and a USER will be carried out through contractual means other than the website and will be subject, where applicable, to the legislation and regulations applicable to the particular case. The links appearing on this website are intended solely for informational purposes; they do not, under any circumstances, constitute a suggestion or invitation to the user to visit the destination websites. ElPozo will not, under any circumstances, be responsible for the results that Internet users may or may expect to obtain from the websites accessed through the aforementioned links.
The offers, prices, new products launched onto the market, features, and in general everything related to the contents of the website and the links to other websites, where applicable, may be modified at any time by the owner. The owner assumes no responsibility for such changes or updates, nor for possible or eventual material or transcription errors in said content on the website. All of this is without prejudice to the owner’s compliance with the provisions of applicable legislation.
The content and information provided by ElPozo, as well as the content posted online through its website and corresponding links, are protected by applicable intellectual property laws and international conventions. Any form of reproduction, distribution, public communication, transformation, making available, and in general, any other act of public exploitation of the Web pages and their content and information is prohibited without the express prior written consent of ElPozo, except when the scope of application and use is private to the user and provided that no assignment to third parties occurs. Consequently, all content displayed on the Websites, and in particular, designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, industrial drawings, or any other signs susceptible to industrial and commercial use, are subject to the intellectual and industrial property rights of ElPozo or third parties holding them who have duly authorized their inclusion on the website.
The content, images, forms, indexes, and other formal expressions that form part of the Web pages, as well as the software necessary for their operation and display, also constitute a work within the meaning of Copyright Law and are therefore protected by applicable international conventions and national laws on intellectual property. Failure to comply with the foregoing constitutes the commission of serious unlawful acts and is punishable by civil and criminal law.
Any act by which Users of the services or content may exploit or commercially use, directly or indirectly, in whole or in part, any of the content, images, forms, indexes, and other formal expressions that form part of the Web pages without prior written permission from ElPozo is prohibited.
Specifically, and without limitation, any acts of reproduction, distribution, exhibition, transmission, retransmission, broadcasting in any form, storage on physical or logical media (for example, floppy disks or computer hard drives), digitalization or making available from databases other than those authorized by ElPozo, as well as the translation, adaptation, arrangement or any other transformation of said information, images, forms, indexes and other formal expressions or commercial phrases that are made available to Users through the services or content, are prohibited, insofar as such acts are subject to the applicable legislation on intellectual or industrial property or image protection.
ElPozo is free to limit access to the website and the services offered therein.
Any technical, logical, or technological resources by which a third party may benefit, directly or indirectly, with or without profit, from any and all content, forms, indexes, and other formal expressions that form part of the Web pages, or from the efforts made by ElPozo for their operation, are prohibited. Specifically, any link, hyperlink, framing, or similar connection that may be established to the ElPozo Web pages without the prior, express, and written consent of ElPozo is prohibited. Any violation of the provisions of this section will be considered a violation of ElPozo’s legitimate intellectual property rights over the Web pages and all their content.
ElPozo will not assume any responsibility for the consequences arising from the aforementioned conduct and actions.
6.1. DISCLAIMER OF WARRANTIES AND LIABILITY FOR THE OPERATION OF THE WEBSITE. The owner does not guarantee the availability and continuity of the website or any other websites to which a link has been established. Furthermore, the owner shall not be liable under any circumstances for any damages that may arise from a) the lack of availability or accessibility to the website or any other websites to which a link has been established; b) interruptions in the operation of the website or computer failures, telephone breakdowns, disconnections, delays, or blockages caused by deficiencies or overloads in telephone lines, the Internet system, or other electronic systems that occur during their operation; c) the lack of suitability of the website for the specific needs of USERS; and d) other damages that may be caused by third parties through unauthorized intrusions beyond the control of the owner. Likewise, the owner warns that the quality of the content and information provided on the website and the use made of them by the USER depend largely on the USER’s hardware and software meeting the technical requirements that may be necessary, at the owner’s discretion. Therefore, the owner is not responsible for the impossibility or deficiency in the provision of content or information on the website or for the use thereof by USERS if they do not meet the aforementioned technical requirements.
The owner does not guarantee the absence of viruses or other elements on the website introduced by third parties other than the owner that may cause alterations to the physical or logical systems of the USERS or to the electronic documents and files stored on their systems, such as screensavers or wallpapers. Consequently, the owner shall not be liable under any circumstances for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations to the physical or logical systems, electronic documents, or files of the USERS. The owner does not guarantee that unauthorized third parties will not have access to the type of use of the website made by the USER or the conditions, characteristics, and circumstances under which such use is made. Consequently, ElPozo shall not be liable under any circumstances for any damages that may arise from such unauthorized access.
6.2.- EXCLUSION OF WARRANTIES AND LIABILITY FOR THE USE OF THE WEBSITE. The owner shall not be liable under any circumstances for the use that USERS and/or third parties may make of the website or its content and information, nor for any damages that may arise therefrom. Thus, the owner warns that if studies, opinions, reports, etc., are made available as content on the website in the future, said content produced by the owner or third parties is intended to provide only guidance to support the USER’s activity. Therefore, the USER expressly accepts that under no circumstances shall the owner assume any liability for any damages that may be caused directly or indirectly by the USER’s use of said content and the conclusions drawn from it.
All liability is excluded for any decisions the User may make based on this information, as well as for any typographical errors or technical inconsistencies that may be contained in the documents and graphics on this page. The information is subject to periodic changes without prior notice due to expansion, improvement, correction, or updating of the Content.
7.1.- COOKIES. The USER expressly and unequivocally represents and authorizes the owner to use, if deemed appropriate, “cookies” when the USER accesses and/or uses the website. These “cookies” may be voluntarily rejected by the USER. The use of these “cookies” by the owner will be dissociated, so that no association will be made between the USER and/or their access device and the USER’s personal data. Under no circumstances will the voluntary rejection of the establishment of “Cookies” affect the USER’s ability to access and use the Content. For more information, see the COOKIE POLICY.
7.2.- LINKS. All those intending to establish a link or hyperlink between their website and this website must first obtain the owner’s authorization. If such authorization is obtained (which may be unilaterally revoked at any time), the establishment of the link must meet the following requirements: a) the establishment of the link may in no case imply any reproduction of the website, but must only serve to allow access to the website. Furthermore, access through the link may only be to the website’s main page (“homepage”), and under no circumstances to any page other than this one; b) a frame or border environment may not be created over the website; c) no false, inaccurate, or incorrect statements or indications may be made about the website; d) it will not be declared or implied that the owner of the website endorses, recommends, supervises, or assumes responsibility for the content or services provided through the web pages on which the link is established, thereby evading and waiving the owner of any liability that may be incurred by the website (its managers, owners, etc.) both for the establishment of the link itself to the website’s homepage and for the services provided and the content available on said web page; e) in any case, the authorization to establish the link will only imply authorization to establish the link in accordance with the provisions of this section, and therefore, in no case will it imply, without authorization, the possibility of use or dissemination on said web page on which the link is established of any intellectual or industrial property rights of the owner or any third party. In any case, the web page on which the link is established may not contain distinctive signs that could lead to the understanding of the existence of an associative relationship (when none exists) between the services, products, and content available and provided on the web page and those available and provided through the web. Likewise, they may not induce the understanding of the existence of an association (as none exists) between the natural person, legal entity, or entity that manages or owns said website and the owner or third-party content and/or information providers of the website; f) the website on which the link is established, during the period in which the link is established, may not have or provide services or content that is illegal, fraudulent, contrary to these general conditions, to good faith, to good customs, and to the rights of third-party content providers of the website or to the owner.
If any clause of this website’s legal notice is declared totally or partially null or ineffective, it will only affect that provision or the part thereof that is null or ineffective, with the remainder of the terms and conditions of the legal notice remaining in effect and such provision or the part thereof that is affected being deemed not to have been included unless, due to being essential to these clauses, it would affect them comprehensively.
The owner reserves the right to exercise any legal remedies available to them to enforce liability arising from a USER’s breach of any of the provisions of this Legal Notice. The provision of the website service and these terms are governed by Spanish law. To the extent permitted by law, the parties expressly waive any other jurisdiction to which they may be entitled and agree to submit to the jurisdiction of the Courts and Tribunals of the city of Murcia.
© ELPOZO.COM
